Commission Implementing Decision (EU) 2024/2618 of 8 October 2024 authorising the placing on the market of products containing, consisting of or produced from genetically modified maize DP202216 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (notified under document C(2024) 6941)

Official Journalof the European Union ENL series
2024/2618 10.10.2024
(1) On 1 July 2019, Pioneer Overseas Corporation, based in Belgium, submitted, on behalf of Pioneer Hi-Bred International, Inc., based in the United States, an application to the national competent authority of the Netherlands (‘the application’) for the placing on the market of foods, food ingredients and feed containing, consisting of or produced from genetically modified maize DP202216, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003. The application also covered the placing on the market of products containing or consisting of genetically modified maize DP202216 for uses other than food and feed, with the exception of cultivation.
(2) In accordance with Article 5(5) and Article 17(5) of Regulation (EC) No 1829/2003, the application included information and conclusions about the risk assessment carried out in accordance with the principles set out in Annex II to Directive 2001/18/EC of the European Parliament and of the Council(2). It also included the information required pursuant to Annexes III and IV to that Directive and a monitoring plan for environmental effects in accordance with Annex VII to that Directive.
(3) By a letter dated 24 January 2022, Pioneer Hi-Bred International, Inc., requested that the Commission transfers the rights and obligations of Pioneer Hi-Bred International, Inc. pertaining to all pending applications for genetically modified products to Corteva Agriscience LLC, based in the United States. Corteva Agriscience LLC confirmed its agreement to the change of authorisation holder proposed by Pioneer Hi-Bred International, Inc., and informed the Commission that its representative in the Union is Corteva Agriscience Belgium B.V.
(4) On 20 March 2024, the European Food Safety Authority (‘the Authority’) issued a favourable scientific opinion on genetically modified maize DP202216 in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003(3). The Authority concluded that genetically modified maize DP202216, as described in the application, is as safe as its conventional counterpart and the tested non-genetically modified maize reference varieties with respect to the potential effects on human and animal health and the environment. The Authority also concluded that the consumption of genetically modified maize DP202216 does not represent any nutritional concern.
(5) In its scientific opinion, the Authority considered all the questions and concerns raised by the Member States in the context of the consultation of the national competent authorities as provided for in Article 6(4) and Article 18(4) of Regulation (EC) No 1829/2003.
(6) The Authority also concluded that the monitoring plan for the environmental effects, submitted by the applicant, consisting of a general surveillance plan, is in line with the intended uses of the products.
(7) Taking into account those conclusions, the placing on the market of products containing, consisting of or produced from genetically modified maize DP202216 should be authorised for the uses listed in the application.
(8) A unique identifier should be assigned to genetically modified maize DP202216 in accordance with Commission Regulation (EC) No 65/2004(4).
(9) For the products covered by this Decision, no specific labelling requirements, other than those provided for in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003 and in Article 4(6) of Regulation (EC) No 1830/2003 of the European Parliament and of the Council(5), appear to be necessary. However, in order to ensure that the use of those products remains within the limits of the authorisation granted by this Decision, the labelling of the products containing or consisting of genetically modified maize DP202216, with the exception of foods and food ingredients, should contain a clear indication that they are not intended for cultivation.
(10) The authorisation holder should submit annual reports on the implementation and on the results of the activities set out in the monitoring plan for environmental effects. Those results should be presented in accordance with the requirements laid down in Commission Decision 2009/770/EC(6).
(11) The opinion of the Authority does not justify the imposition of other specific conditions or restrictions for the placing on the market, for the use and handling of food and feed containing, consisting of or produced from genetically modified maize DP202216 or for the protection of particular ecosystems/environment and/or geographical areas, as provided for in Article 6(5), point (e), and Article 18(5), point (e), of Regulation (EC) No 1829/2003.
(12) All relevant information on the authorisation of the products covered by this Decision should be entered in the Community register of genetically modified food and feed referred to in Article 28(1) of Regulation (EC) No 1829/2003.
(13) This Decision is to be notified through the Biosafety Clearing-House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Article 9(1) and Article 15(2), point (c), of Regulation (EC) No 1946/2003 of the European Parliament and of the Council(7).
(14) The Standing Committee on Plants, Animals, Food and Feed has not delivered an opinion within the time limit laid down by its Chairman. This implementing act was deemed to be necessary and the chair submitted it to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,
(a) foods and food ingredients containing, consisting of or produced from genetically modified maize DP-2Ø2216-6;
(b) feed containing, consisting of or produced from genetically modified maize DP-2Ø2216-6;
(c) products containing or consisting of genetically modified maize DP-2Ø2216-6 for uses other than those provided for in points (a) and (b), with the exception of cultivation.
(a) Applicant and authorisation holder:Name: Corteva Agriscience LLCAddress: 9330 Zionsville Road, Indianapolis, IN 46268-1054, United States;represented in the Union by Corteva Agriscience Belgium B.V., Rue Montoyer 25, 1000 Brussels, Belgium.
(b) Designation and specification of the products:(1)foods and food ingredients containing, consisting of or produced from genetically modified maize (Zea maysL.) DP-2Ø2216-6;(2)feed containing, consisting of or produced from genetically modified maize (Zea maysL.) DP-2Ø2216-6;(3)products containing or consisting of genetically modified maize (Zea maysL.) DP-2Ø2216-6 for uses other than those provided for in points (1) and (2), with the exception of cultivation.The genetically modified maize DP-2Ø2216-6 expresses themo-patgene, which confers tolerance to herbicides containing glufosinate-ammonium, and thezmm28gene, which extends and increases the expression of the endogenous ZMM28 protein, providing an opportunity for yield enhancement under field conditions. (1) foods and food ingredients containing, consisting of or produced from genetically modified maize (Zea maysL.) DP-2Ø2216-6; (2) feed containing, consisting of or produced from genetically modified maize (Zea maysL.) DP-2Ø2216-6; (3) products containing or consisting of genetically modified maize (Zea maysL.) DP-2Ø2216-6 for uses other than those provided for in points (1) and (2), with the exception of cultivation.
(1) foods and food ingredients containing, consisting of or produced from genetically modified maize (Zea maysL.) DP-2Ø2216-6;
(2) feed containing, consisting of or produced from genetically modified maize (Zea maysL.) DP-2Ø2216-6;
(3) products containing or consisting of genetically modified maize (Zea maysL.) DP-2Ø2216-6 for uses other than those provided for in points (1) and (2), with the exception of cultivation.
(1) foods and food ingredients containing, consisting of or produced from genetically modified maize (Zea maysL.) DP-2Ø2216-6;
(2) feed containing, consisting of or produced from genetically modified maize (Zea maysL.) DP-2Ø2216-6;
(3) products containing or consisting of genetically modified maize (Zea maysL.) DP-2Ø2216-6 for uses other than those provided for in points (1) and (2), with the exception of cultivation.
(c) Labelling:(1)For the purposes of the labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003, and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘maize’.(2)The words ‘not for cultivation’ shall appear on the label of and in documents accompanying the products containing or consisting of genetically modified maize DP-2Ø2216-6, with the exception of products referred to in point (b)(1). (1) For the purposes of the labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003, and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘maize’. (2) The words ‘not for cultivation’ shall appear on the label of and in documents accompanying the products containing or consisting of genetically modified maize DP-2Ø2216-6, with the exception of products referred to in point (b)(1).
(1) For the purposes of the labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003, and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘maize’.
(2) The words ‘not for cultivation’ shall appear on the label of and in documents accompanying the products containing or consisting of genetically modified maize DP-2Ø2216-6, with the exception of products referred to in point (b)(1).
(1) For the purposes of the labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003, and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘maize’.
(2) The words ‘not for cultivation’ shall appear on the label of and in documents accompanying the products containing or consisting of genetically modified maize DP-2Ø2216-6, with the exception of products referred to in point (b)(1).
(d) Method for detection:(1)Event specific real-time PCR based method for the quantification of genetically modified maize DP-2Ø2216-6.(2)Validated by the EU reference laboratory established under Regulation (EC) No 1829/2003, published athttp://gmo-crl.jrc.ec.europa.eu/StatusOfDossiers.aspx.(3)Reference Material: ERM®-BF444 is accessible at the Joint Research Centre (JRC) of the European Commission athttps://crm.jrc.ec.europa.eu/. (1) Event specific real-time PCR based method for the quantification of genetically modified maize DP-2Ø2216-6. (2) Validated by the EU reference laboratory established under Regulation (EC) No 1829/2003, published athttp://gmo-crl.jrc.ec.europa.eu/StatusOfDossiers.aspx. (3) Reference Material: ERM®-BF444 is accessible at the Joint Research Centre (JRC) of the European Commission athttps://crm.jrc.ec.europa.eu/.
(1) Event specific real-time PCR based method for the quantification of genetically modified maize DP-2Ø2216-6.
(2) Validated by the EU reference laboratory established under Regulation (EC) No 1829/2003, published athttp://gmo-crl.jrc.ec.europa.eu/StatusOfDossiers.aspx.
(3) Reference Material: ERM®-BF444 is accessible at the Joint Research Centre (JRC) of the European Commission athttps://crm.jrc.ec.europa.eu/.
(1) Event specific real-time PCR based method for the quantification of genetically modified maize DP-2Ø2216-6.
(2) Validated by the EU reference laboratory established under Regulation (EC) No 1829/2003, published athttp://gmo-crl.jrc.ec.europa.eu/StatusOfDossiers.aspx.
(3) Reference Material: ERM®-BF444 is accessible at the Joint Research Centre (JRC) of the European Commission athttps://crm.jrc.ec.europa.eu/.
(e) Unique identifier:DP-2Ø2216-6
(f) Information required under Annex II to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity:[Biosafety Clearing-House, Record ID number:published in the register of genetically modified food and feed when notified].
(g) Conditions or restrictions on the placing on the market, use or handling of the products:Not required.
(h) Monitoring plan for environmental effects:Monitoring plan for environmental effects in accordance with Annex VII to Directive 2001/18/EC.[Link:plan published in the Community register of genetically modified food and feed]
(i) Post-market monitoring requirements for the use of the food for human consumption:Not required.Note:links to relevant documents may need to be modified over the time. Those modifications will be made available to the public via the updating of the Community register of genetically modified food and feed. Note: links to relevant documents may need to be modified over the time. Those modifications will be made available to the public via the updating of the Community register of genetically modified food and feed.
Note: links to relevant documents may need to be modified over the time. Those modifications will be made available to the public via the updating of the Community register of genetically modified food and feed.
Note: links to relevant documents may need to be modified over the time. Those modifications will be made available to the public via the updating of the Community register of genetically modified food and feed.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Article 7(3) and Article 19(3) thereof,
Whereas:
(1) On 1 July 2019, Pioneer Overseas Corporation, based in Belgium, submitted, on behalf of Pioneer Hi-Bred International, Inc., based in the United States, an application to the national competent authority of the Netherlands (‘the application’) for the placing on the market of foods, food ingredients and feed containing, consisting of or produced from genetically modified maize DP202216, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003. The application also covered the placing on the market of products containing or consisting of genetically modified maize DP202216 for uses other than food and feed, with the exception of cultivation.
(2) In accordance with Article 5(5) and Article 17(5) of Regulation (EC) No 1829/2003, the application included information and conclusions about the risk assessment carried out in accordance with the principles set out in Annex II to Directive 2001/18/EC of the European Parliament and of the Council (2). It also included the information required pursuant to Annexes III and IV to that Directive and a monitoring plan for environmental effects in accordance with Annex VII to that Directive.
(3) By a letter dated 24 January 2022, Pioneer Hi-Bred International, Inc., requested that the Commission transfers the rights and obligations of Pioneer Hi-Bred International, Inc. pertaining to all pending applications for genetically modified products to Corteva Agriscience LLC, based in the United States. Corteva Agriscience LLC confirmed its agreement to the change of authorisation holder proposed by Pioneer Hi-Bred International, Inc., and informed the Commission that its representative in the Union is Corteva Agriscience Belgium B.V.
(4) On 20 March 2024, the European Food Safety Authority (‘the Authority’) issued a favourable scientific opinion on genetically modified maize DP202216 in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003 (3). The Authority concluded that genetically modified maize DP202216, as described in the application, is as safe as its conventional counterpart and the tested non-genetically modified maize reference varieties with respect to the potential effects on human and animal health and the environment. The Authority also concluded that the consumption of genetically modified maize DP202216 does not represent any nutritional concern.
(5) In its scientific opinion, the Authority considered all the questions and concerns raised by the Member States in the context of the consultation of the national competent authorities as provided for in Article 6(4) and Article 18(4) of Regulation (EC) No 1829/2003.
(6) The Authority also concluded that the monitoring plan for the environmental effects, submitted by the applicant, consisting of a general surveillance plan, is in line with the intended uses of the products.
(7) Taking into account those conclusions, the placing on the market of products containing, consisting of or produced from genetically modified maize DP202216 should be authorised for the uses listed in the application.
(8) A unique identifier should be assigned to genetically modified maize DP202216 in accordance with Commission Regulation (EC) No 65/2004 (4).
(9) For the products covered by this Decision, no specific labelling requirements, other than those provided for in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003 and in Article 4(6) of Regulation (EC) No 1830/2003 of the European Parliament and of the Council (5), appear to be necessary. However, in order to ensure that the use of those products remains within the limits of the authorisation granted by this Decision, the labelling of the products containing or consisting of genetically modified maize DP202216, with the exception of foods and food ingredients, should contain a clear indication that they are not intended for cultivation.
(10) The authorisation holder should submit annual reports on the implementation and on the results of the activities set out in the monitoring plan for environmental effects. Those results should be presented in accordance with the requirements laid down in Commission Decision 2009/770/EC (6).
(11) The opinion of the Authority does not justify the imposition of other specific conditions or restrictions for the placing on the market, for the use and handling of food and feed containing, consisting of or produced from genetically modified maize DP202216 or for the protection of particular ecosystems/environment and/or geographical areas, as provided for in Article 6(5), point (e), and Article 18(5), point (e), of Regulation (EC) No 1829/2003.
(12) All relevant information on the authorisation of the products covered by this Decision should be entered in the Community register of genetically modified food and feed referred to in Article 28(1) of Regulation (EC) No 1829/2003.
(13) This Decision is to be notified through the Biosafety Clearing-House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Article 9(1) and Article 15(2), point (c), of Regulation (EC) No 1946/2003 of the European Parliament and of the Council (7).
(14) The Standing Committee on Plants, Animals, Food and Feed has not delivered an opinion within the time limit laid down by its Chairman. This implementing act was deemed to be necessary and the chair submitted it to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,
HAS ADOPTED THIS DECISION:

Genetically modified organism and unique identifier

Genetically modified maize (Zea mays L.) DP202216, as specified in point (b) of the Annex to this Decision, is assigned the unique identifier DP-2Ø2216-6, in accordance with Regulation (EC) No 65/2004.

Authorisation

The following products are authorised for the purposes of Article 4(2) and Article 16(2) of Regulation (EC) No 1829/2003, in accordance with the conditions set out in this Decision:

(a) foods and food ingredients containing, consisting of or produced from genetically modified maize DP-2Ø2216-6;
(b) feed containing, consisting of or produced from genetically modified maize DP-2Ø2216-6;
(c) products containing or consisting of genetically modified maize DP-2Ø2216-6 for uses other than those provided for in points (a) and (b), with the exception of cultivation.

Labelling

1. For the purposes of the labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003 and in Article 4(6) of Regulation (EC) No 1830/2003, the name of the organism shall be ‘maize’.

2. The words ‘not for cultivation’ shall appear on the label of and in the documents accompanying the products containing or consisting of genetically modified maize DP-2Ø2216-6 as referred to in Article 1, with the exception of products referred to in Article 2, point (a).

Method for detection

The method set out in point (d) of the Annex shall apply for the detection of genetically modified maize DP-2Ø2216-6.

Monitoring plan for environmental effects

1. The authorisation holder shall ensure that the monitoring plan for environmental effects, as set out in point (h) of the Annex, is put in place and implemented.

2. The authorisation holder shall submit to the Commission annual reports on the implementation and the results of the activities set out in the monitoring plan in accordance with the format set out in Decision 2009/770/EC.

Community register

The information set out in the Annex shall be entered in the Community register of genetically modified food and feed, as referred to in Article 28(1) of Regulation (EC) No 1829/2003.

Authorisation holder

The authorisation holder shall be Corteva Agriscience LLC, represented in the Union by Corteva Agriscience Belgium B.V.

Validity

This Decision shall apply for a period of 10 years from the date of its notification.

Addressee

This Decision is addressed to Corteva Agriscience LLC, 9330 Zionsville Road Indianapolis, Indiana, 46268-1054, United States, represented in the Union by Corteva Agriscience Belgium B.V., Rue Montoyer 25, 1000 Brussels, Belgium.

(a) Applicant and authorisation holder:
Name: Corteva Agriscience LLC
Address: 9330 Zionsville Road, Indianapolis, IN 46268-1054, United States;
represented in the Union by Corteva Agriscience Belgium B.V., Rue Montoyer 25, 1000 Brussels, Belgium.

(b) Designation and specification of the products:
(1) foods and food ingredients containing, consisting of or produced from genetically modified maize (Zea mays L.) DP-2Ø2216-6;
(2) feed containing, consisting of or produced from genetically modified maize (Zea mays L.) DP-2Ø2216-6;
(3) products containing or consisting of genetically modified maize (Zea mays L.) DP-2Ø2216-6 for uses other than those provided for in points (1) and (2), with the exception of cultivation.
The genetically modified maize DP-2Ø2216-6 expresses the mo-pat gene, which confers tolerance to herbicides containing glufosinate-ammonium, and the zmm28 gene, which extends and increases the expression of the endogenous ZMM28 protein, providing an opportunity for yield enhancement under field conditions.

(c) Labelling:
(1) For the purposes of the labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003, and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘maize’.
(2) The words ‘not for cultivation’ shall appear on the label of and in documents accompanying the products containing or consisting of genetically modified maize DP-2Ø2216-6, with the exception of products referred to in point (b)(1).

(d) Method for detection:
(1) Event specific real-time PCR based method for the quantification of genetically modified maize DP-2Ø2216-6. (2) Validated by the EU reference laboratory established under Regulation (EC) No 1829/2003, published at http://gmo-crl.jrc.ec.europa.eu/StatusOfDossiers.aspx.
(3) Reference Material: ERM®-BF444 is accessible at the Joint Research Centre (JRC) of the European Commission at https://crm.jrc.ec.europa.eu/.

(e) Unique identifier:
DP-2Ø2216-6

(f) Information required under Annex II to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity:
[Biosafety Clearing-House, Record ID number: published in the register of genetically modified food and feed when notified].

(g) Conditions or restrictions on the placing on the market, use or handling of the products:
Not required.

(h) Monitoring plan for environmental effects:
Monitoring plan for environmental effects in accordance with Annex VII to Directive 2001/18/EC.
[Link: plan published in the Community register of genetically modified food and feed]

(i) Post-market monitoring requirements for the use of the food for human consumption:
Not required.
Note:
links to relevant documents may need to be modified over the time. Those modifications will be made available to the public via the updating of the Community register of genetically modified food and feed.

Council Decision (EU) 2024/2606 of 23 September 2024 establishing the position to be taken on behalf of the European Union within 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, as regards modifications to Annex 3 to that Agreement

Official Journalof the European Union ENL series
2024/2606 4.10.2024
(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 ‘Trade and Cooperation Agreement’), was concluded by the Union and approved by means of Council Decision (EU) 2021/689(1)and entered into force on 1 May 2021.
(2) Chapter 2 of Title I of Heading One of Part Two of the Trade and Cooperation Agreement, and Annexes 2 to 9 thereto lay down provisions on the definition of originating products and methods of administrative cooperation.
(3) Pursuant to Article 7(4), point (c), and Article 68 of 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 the related 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 the Trade and Cooperation Agreement 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) Decision No 1/2023 of the Partnership Council(2)provides that Annex 3 to the Trade and Cooperation Agreement is not to 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. No amendments are foreseen with regard to products listed in Annex 5 to the Trade and Cooperation Agreement. The draft Decision of the Partnership Council attached to this Decision is therefore in any event compliant with Decision No 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 within the Partnership Council, as the Decision of the Partnership Council will have legal effect in the Union,
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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).
(6) In its Decision No 1/2023, the Partnership Council provided that Annex 3 to the Trade 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.
(7) For the sake of better readability, the Section and Chapter headings should appear in bold.
(8) 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,
Column 1Harmonised System classification (2022) including specific description Column 2Product-specific rule of origin
SECTION I LIVE ANIMALS; ANIMAL PRODUCTS
Chapter 1 Live animals
01.01-01.06 All animals of Chapter 1 are wholly obtained
Chapter 2 Meat and edible meat offal
02.01-02.10 Production in which all the materials of Chapters 1 and 2 used are wholly obtained
Chapter 3 Fish and crustaceans, molluscs and other aquatic invertebrates
03.01-03.09 Production in which all the materials of Chapter 3 used are wholly obtained
Chapter 4 Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included
04.01-04.10 Production in which:—all the materials of Chapter 4 used are wholly obtained; and—the total weight of non-originating materials of headings 17.01 and 17.02 does not exceed 20 % of the weight of the product — all the materials of Chapter 4 used are wholly obtained; and — the total weight of non-originating materials of headings 17.01 and 17.02 does not exceed 20 % of the weight of the product
— all the materials of Chapter 4 used are wholly obtained; and
— the total weight of non-originating materials of headings 17.01 and 17.02 does not exceed 20 % of the weight of the product
Chapter 5 Products of animal origin, not elsewhere specified or included
05.01-05.11 Production from non-originating materials of any heading
SECTION II VEGETABLE PRODUCTS
Chapter 6 Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage
06.01-06.04 Production in which all the materials of Chapter 6 used are wholly obtained
Chapter 7 Edible vegetables and certain roots and tubers
07.01-07.14 Production in which all the materials of Chapter 7 used are wholly obtained
Chapter 8 Edible fruit and nuts; peel of citrus fruit or melons
08.01-08.14 Production in which:—all the materials of Chapter 8 used are wholly obtained; and—the total weight of non-originating materials of headings 17.01 and 17.02 does not exceed 20 % of the weight of the product — all the materials of Chapter 8 used are wholly obtained; and — the total weight of non-originating materials of headings 17.01 and 17.02 does not exceed 20 % of the weight of the product
— all the materials of Chapter 8 used are wholly obtained; and
— the total weight of non-originating materials of headings 17.01 and 17.02 does not exceed 20 % of the weight of the product
Chapter 9 Coffee, tea, maté and spices
09.01-09.10 Production from non-originating materials of any heading
Chapter 10 Cereals
10.01-10.08 Production in which all the materials of Chapter 10 used are wholly obtained
Chapter 11 Products of the milling industry; malt; starches; inulin; wheat gluten
11.01-11.09 Production in which all materials of Chapters 10 and 11, headings 07.01, 07.14, 23.02 to 23.03 or subheading 0710.10 used are wholly obtained
Chapter 12 Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder
12.01-12.14 CTH
Chapter 13 Lac; gums, resins and other vegetable saps and extracts
13.01-13.02 Production from non-originating materials of any heading in which the total weight of non-originating materials of headings 17.01 and 17.02 does not exceed 20 % of the weight of the product
Chapter 14 Vegetable plaiting materials; vegetable products not elsewhere specified or included
14.01-14.04 Production from non-originating materials of any heading
SECTION III ANIMAL, VEGETABLE OR MICROBIAL FATS AND OILS AND THEIR CLEAVAGE PRODUCTS; PREPARED EDIBLE FATS; ANIMAL OR VEGETABLE WAXES
Chapter 15 Animal or vegetable or microbial fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes
15.01-15.04 CTH
15.05-15.06 Production from non-originating materials of any heading
15.07-15.08 CTSH
15.09-15.10 Production in which all the vegetable materials used are wholly obtained
15.11-15.15 CTSH
15.16-15.17 CTH
15.18-15.19 CTSH
15.20 Production from non-originating materials of any heading
15.21-15.22 CTSH
SECTION IV PREPARED FOODSTUFFS; BEVERAGES, SPIRITS AND VINEGAR; TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES; PRODUCTS, WHETHER OR NOT CONTAINING NICOTINE, INTENDED FOR INHALATION WITHOUT COMBUSTION; OTHER NICOTINE CONTAINING PRODUCTS INTENDED FOR THE INTAKE OF NICOTINE INTO THE HUMAN BODY
Chapter 16 Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates, or of insects
1601.00-1604.18 Production in which all the materials of Chapters 1, 2, 3 and 16 used are wholly obtained(1)
1604.19 CC
1604.20
–Preparations of surimi: – Preparations of surimi: CC
– Preparations of surimi:
–Others: – Others: Production in which all the materials of Chapters 3 and 16 used are wholly obtained(2)
– Others:
1604.31-1605.69 Production in which all the materials of Chapters 3 and 16 used are wholly obtained
Chapter 17 Sugars and sugar confectionery
17.01 CTH
17.02 CTH, provided that the total weight of non-originating materials of headings 11.01 to 11.08, 17.01 and 17.03 used does not exceed 20 % of the weight of the product
17.03 CTH
17.04
–White chocolate: – White chocolate: CTH, provided that:(a)all the materials of Chapter 4 used are wholly obtained; and(b)(i)the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or(ii)the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product (a) all the materials of Chapter 4 used are wholly obtained; and (b) (i)the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or(ii)the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product (i) the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or (ii) the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product
– White chocolate:
(a) all the materials of Chapter 4 used are wholly obtained; and
(b) (i)the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or(ii)the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product (i) the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or (ii) the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product
(i) the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or
(ii) the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product
–Others: – Others: CTH, provided that:—all the materials of Chapter 4 used are wholly obtained; and—the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product — all the materials of Chapter 4 used are wholly obtained; and — the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product
– Others:
— all the materials of Chapter 4 used are wholly obtained; and
— the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product
Chapter 18 Cocoa and cocoa preparations
18.01-18.05 CTH
1806.10 CTH, provided that:—all the materials of Chapter 4 used are wholly obtained, and—the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product — all the materials of Chapter 4 used are wholly obtained, and — the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product
— all the materials of Chapter 4 used are wholly obtained, and
— the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product
1806.20-1806.90 CTH, provided that:(a)all the materials of Chapter 4 used are wholly obtained, and(b)(i)the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or(ii)the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product (a) all the materials of Chapter 4 used are wholly obtained, and (b) (i)the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or(ii)the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product (i) the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or (ii) the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product
(a) all the materials of Chapter 4 used are wholly obtained, and
(b) (i)the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or(ii)the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product (i) the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or (ii) the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product
(i) the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or
(ii) the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product
Chapter 19 Preparations of cereals, flour, starch or milk; pastrycooks’ products
19.01-19.05 CTH, provided that:—all the materials of Chapter 4 used are wholly obtained,—the total weight of non-originating materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the product,—the total weight of non-originating materials of headings 10.06 and 11.08 used does not exceed 20 % of the weight of the product, and—the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product — all the materials of Chapter 4 used are wholly obtained, — the total weight of non-originating materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the product, — the total weight of non-originating materials of headings 10.06 and 11.08 used does not exceed 20 % of the weight of the product, and — the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product
— all the materials of Chapter 4 used are wholly obtained,
— the total weight of non-originating materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the product,
— the total weight of non-originating materials of headings 10.06 and 11.08 used does not exceed 20 % of the weight of the product, and
— the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product
Chapter 20 Preparations of vegetables, fruit, nuts or other parts of plants
20.01 CTH
20.02-20.03 Production in which all the materials of Chapter 7 used are wholly obtained
20.04-20.09 CTH, provided that the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product
Chapter 21 Miscellaneous edible preparations
21.01-21.02 CTH, provided that:—all the materials of Chapter 4 used are wholly obtained, and—the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product — all the materials of Chapter 4 used are wholly obtained, and — the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
— all the materials of Chapter 4 used are wholly obtained, and
— the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
2103.102103.202103.90 CTH; however, non-originating mustard flour or meal or prepared mustard may be used
2103.30 Production from non-originating materials of any heading
21.04-21.06 CTH, provided that:—all the materials of Chapter 4 used are wholly obtained, and—the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product — all the materials of Chapter 4 used are wholly obtained, and — the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
— all the materials of Chapter 4 used are wholly obtained, and
— the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
Chapter 22 Beverages, spirits and vinegar
22.01-22.06 CTH except from non-originating materials of headings 22.07 and 22.08, provided that:—all the materials of subheadings 0806.10, 2009.61, 2009.69 used are wholly obtained,—all the materials of Chapter 4 used are wholly obtained, and—the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product — all the materials of subheadings 0806.10, 2009.61, 2009.69 used are wholly obtained, — all the materials of Chapter 4 used are wholly obtained, and — the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
— all the materials of subheadings 0806.10, 2009.61, 2009.69 used are wholly obtained,
— all the materials of Chapter 4 used are wholly obtained, and
— the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
22.07 CTH except from non-originating materials of heading 22.08, provided that all the materials of Chapter 10, subheadings 0806.10, 2009.61 and 2009.69 used are wholly obtained
22.08-22.09 CTH except from non-originating materials of headings 22.07 and 22.08, provided that all the materials of subheadings 0806.10, 2009.61 and 2009.69 used are wholly obtained
Chapter 23 Residues and waste from the food industries; prepared animal fodder
23.01 CTH
2302.10-2303.10 CTH, provided that the total weight of non-originating materials of Chapter 10 used does not exceed 20 % of the weight of the product
2303.20-2308.00 CTH
23.09 CTH, provided that:—all the materials of Chapters 2 and 4 used are wholly obtained,—the total weight of non-originating materials of headings 10.01 to 10.04, 10.07 to 10.08, Chapter 11, and headings 23.02 and 23.03 used does not exceed 20 % of the weight of the product, and—the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product — all the materials of Chapters 2 and 4 used are wholly obtained, — the total weight of non-originating materials of headings 10.01 to 10.04, 10.07 to 10.08, Chapter 11, and headings 23.02 and 23.03 used does not exceed 20 % of the weight of the product, and — the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
— all the materials of Chapters 2 and 4 used are wholly obtained,
— the total weight of non-originating materials of headings 10.01 to 10.04, 10.07 to 10.08, Chapter 11, and headings 23.02 and 23.03 used does not exceed 20 % of the weight of the product, and
— the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
Chapter 24 Tobacco and manufactured tobacco substitutes; products, whether or not containing nicotine, intended for inhalation without combustion; other nicotine containing products intended for the intake of nicotine into the human body
24.01 Production in which all materials of heading 24.01 are wholly obtained
2402.10 Production from non-originating materials of any heading, provided that the total weight of non-originating materials of heading 24.01 used does not exceed 30 % of the weight of materials of Chapter 24 used
2402.20 Production from non-originating materials of any heading, except that of the product and of smoking tobacco of subheading 2403.19, and in which at least 10 % by weight of all materials of heading 24.01 used is wholly obtained
2402.90 Production from non-originating materials of any heading, provided that the total weight of non-originating materials of heading 24.01 used does not exceed 30 % of the weight of materials of Chapter 24 used
2403.11-2404.11 CTH, in which at least 10 % by weight of all materials of heading 24.01 used are wholly obtained
2404.12-2404.99 CTH
SECTION V MINERAL PRODUCTSSection note: For definitions of horizontal processing rules within this Section, see Note 5 of Annex 2
Chapter 25 Salt; sulphur; earths and stone; plastering materials, lime and cement
25.01-25.30 CTH;orMaxNOM 70 % (EXW)
Chapter 26 Ores, slag and ash
26.01-26.21 CTH
Chapter 27 Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes
27.01-27.09 Production from non-originating materials of any heading
27.10 CTH except from non-originating biodiesel of subheading 3824.99 or 3826.00;orDistillation or a chemical reaction is undergone, provided that biodiesel (including hydrotreated vegetable oil) of heading 27.10 and subheadings 3824.99 and 3826.00 used is obtained by esterification, transesterification or hydrotreatment
27.11-27.15 Production from non-originating materials of any heading
SECTION VI PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIESSection note: For definitions of horizontal processing rules within this Section, see Note 5 of Annex 2
Chapter 28 Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes
28.01-28.53 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
Chapter 29 Organic chemicals
2901.10-2905.42 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
2905.43-2905.44 CTH except from non-originating materials of heading 17.02 and subheading 3824.60
2905.45 CTSH, however, non-originating materials of the same subheading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product;orMaxNOM 50 % (EXW)
2905.49-2942 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
Chapter 30 Pharmaceutical products
30.01-30.06 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
Chapter 31 Fertilisers
31.01-31.04 CTH, however, non-originating materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the EXW of the product;orMaxNOM 40 % (EXW)
31.05
–Sodium nitrate–Calcium cyanamide–Potassium sulphate–Magnesium potassium sulphate – Sodium nitrate – Calcium cyanamide – Potassium sulphate – Magnesium potassium sulphate CTH, however, non-originating materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the EXW of the product;orMaxNOM 40 % (EXW)
– Sodium nitrate
– Calcium cyanamide
– Potassium sulphate
– Magnesium potassium sulphate
–Others – Others CTH, however, non-originating materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the EXW of the product, and in which the value of all non-originating materials used does not exceed 50 % of the EXW of the product;orMaxNOM 40 % (EXW)
– Others
Chapter 32 Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks
32.01-32.15 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
Chapter 33 Essential oils and resinoids; perfumery, cosmetic or toilet preparations
33.01 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
3302.10 CTH, however, non-originating materials of subheading 3302.10 may be used, provided that their total value does not exceed 20 % of the EXW of the product
3302.90 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
33.03 Production from non-originating materials of any heading
33.04-33.07 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
Chapter 34 Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, “dental waxes” and dental preparations with a basis of plaster
34.01-34.07 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
Chapter 35 Albuminoidal substances; modified starches; glues; enzymes
35.01-35.04 CTH except from non-originating materials of Chapter 4
35.05 CTH except from non-originating materials of heading 11.08
35.06-35.07 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
Chapter 36 Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations
36.01-36.06 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
Chapter 37 Photographic or cinematographic goods
37.01-37.07 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
Chapter 38 Miscellaneous chemical products
38.01-38.08 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
3809.10 CTH except from non-originating materials of headings 11.08 and 35.05
3809.91-3822.90 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
38.23 Production from non-originating material of any heading
3824.10-3824.50 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
3824.60 CTH except from non-originating materials of subheadings 2905.43 and 2905.44
3824.81-3825.90 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
38.26 Production in which biodiesel is obtained through transesterification, esterification or hydro-treatment
38.27 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
SECTION VII PLASTICS AND ARTICLES THEREOF; RUBBER AND ARTICLES THEREOFSection note: For definitions of horizontal processing rules within this Section, see Note 5 of Annex 2
Chapter 39 Plastics and articles thereof
39.01-39.15 CTSH;A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;orMaxNOM 50 % (EXW)
39.16-39.19 CTH;orMaxNOM 50 % (EXW)
39.20 CTSH;orMaxNOM 50 % (EXW)
39.21-39.22 CTH;orMaxNOM 50 % (EXW)
3923.10-3923.50 CTSH;orMaxNOM 50 % (EXW)
3923.90-3925.90 CTH;orMaxNOM 50 % (EXW)
39.26 CTSH;orMaxNOM 50 % (EXW)
Chapter 40 Rubber and articles thereof
40.01-40.11 CTH;orMaxNOM 50 % (EXW)
4012.11-4012.19 CTSH;orRetreading of used tyres
4012.20-4017.00 CTH;orMaxNOM 50 % (EXW)
SECTION VIII RAW HIDES AND SKINS, LEATHER, FURSKINS AND ARTICLES THEREOF; SADDLERY AND HARNESS; TRAVEL GOODS, HANDBAGS AND SIMILAR CONTAINERS; ARTICLE OF ANIMAL GUT (OTHER THAN SILK-WORM GUT)
Chapter 41 Raw hides and skins (other than furskins) and leather
41.01-4104.19 CTH
4104.41-4104.49 CTSH except from non-originating materials of subheadings 4104.41 to 4104.49
4105.10 CTH
4105.30 CTSH
4106.21 CTH
4106.22 CTSH
4106.31 CTH
4106.32-4106.40 CTSH
4106.91 CTH
4106.92 CTSH
41.07-41.13 CTH except from non-originating materials of subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32 and 4106.92. However, non-originating materials of subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32 or 4106.92 may be used provided that they undergo a retanning operation
4114.10 CTH
4114.20 CTH except from non-originating materials of subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32, 4106.92 and 4107. However, non-originating materials of subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32, 4106.92 and heading 41.07 may be used provided that they undergo a retanning operation
41.15 CTH
Chapter 42 Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk-worm gut)
42.01-42.06 CTH;orMaxNOM 50 % (EXW)
Chapter 43 Furskins and artificial fur; manufactures thereof
4301.10-4302.20 CTH;orMaxNOM 50 % (EXW)
4302.30 CTSH
43.03-43.04 CTH;orMaxNOM 50 % (EXW)
SECTION IX WOOD AND ARTICLES OF WOOD; WOOD CHARCOAL; CORK AND ARTICLES OF CORK; MANUFACTURES OF STRAW, OF ESPARTO OR OTHER PLAITING MATERIALS; BASKETWARE AND WICKERWORK
Chapter 44 Wood and articles of wood; wood charcoal
44.01-44.21 CTH;orMaxNOM 50 % (EXW)
Chapter 45 Cork and articles of cork
45.01-45.04 CTH;orMaxNOM 50 % (EXW)
Chapter 46 Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork
46.01-46.02 CTH;orMaxNOM 50 % (EXW)
SECTION X PULP OF WOOD OR OF OTHER FIBROUS CELLULOSIC MATERIAL; RECOVERED (WASTE AND SCRAP) PAPAER OR PAPERBOARD; PAPER AND PAPERBOARD AND ARTICLES THEREOF
Chapter 47 Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard
47.01-47.07 CTH;orMaxNOM 50 % (EXW)
Chapter 48 Paper and paperboard; articles of paper pulp, of paper or of paperboard
48.01-48.23 CTH;orMaxNOM 50 % (EXW)
Chapter 49 Printed books, newspapers, pictures and other products of the printingindustry; manuscripts, typescripts and plans
49.01-49.11 CTH;orMaxNOM 50 % (EXW)
SECTION XI TEXTILES AND TEXTILE ARTICLESSection note: For definitions of terms used for tolerances applicable to certain products made of textile materials, see Notes 6, 7 and 8 of Annex 2
Chapter 50 Silk
50.01-50.02 CTH
50.03
–Carded or combed: – Carded or combed: Carding or combing of silk waste
– Carded or combed:
–Others: – Others: CTH
– Others:
50.04-50.05 Spinning of natural fibres;Extrusion of man-made continuous filament combined with spinning;Extrusion of man-made continuous filament combined with twisting;orTwisting combined with any mechanical operation
50.06
–Silk yarn and yarn spun from silk waste: – Silk yarn and yarn spun from silk waste: Spinning of natural fibres;Extrusion of man-made continuous filament combined with spinning;Extrusion of man-made continuous filament combined with twisting;orTwisting combined with any mechanical operation
– Silk yarn and yarn spun from silk waste:
–Silk-worm gut: – Silk-worm gut: CTH
– Silk-worm gut:
50.07 Spinning of natural or man-made staple fibres combined with weaving;Extrusion of man-made filament yarn combined with weaving;Twisting or any mechanical operation combined with weaving;Weaving combined with dyeing;Yarn dyeing combined with weaving;Weaving combined with printing;orPrinting (as standalone operation)
Chapter 51 Wool, fine or coarse animal hair; horsehair yarn and woven fabric
51.01-51.05 CTH
51.06-51.10 Spinning of natural fibres;Extrusion of man-made fibres combined with spinning;orTwisting combined with any mechanical operation
51.11-51.13 Spinning of natural or man-made staple fibres combined with weaving;Extrusion of man-made filament yarn combined with weaving;Weaving combined with dyeing;Yarn dyeing combined with weaving;Weaving combined with printing;orPrinting (as standalone operation)
Chapter 52 Cotton
52.01-52.03 CTH
52.04-52.07 Spinning of natural fibres;Extrusion of man-made fibres combined with spinning;orTwisting combined with any mechanical operation
52.08-52.12 Spinning of natural or man-made staple fibres combined with weaving;Extrusion of man-made filament yarn combined with weaving;Twisting or any mechanical operation combined with weaving;Weaving combined with dyeing or with coating or with laminating;Yarn dyeing combined with weaving;Weaving combined with printing;orPrinting (as standalone operation)
Chapter 53 Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn
53.01-53.05 CTH
53.06-53.08 Spinning of natural fibres;Extrusion of man-made fibres combined with spinning;orTwisting combined with any mechanical operation
53.09-53.11 Spinning of natural or man-made staple fibres combined with weaving;Extrusion of man-made filament yarn combined with weaving;Weaving combined with dyeing or with coating or with laminating;Yarn dyeing combined with weaving;Weaving combined with printing;orPrinting (as standalone operation)
Chapter 54 Man-made filaments; strip and the like of man-made textile materials
54.01-54.06 Spinning of natural fibres;Extrusion of man-made fibres combined with spinning;orTwisting combined with any mechanical operation
54.07-54.08 Spinning of natural or man-made staple fibres combined with weaving;Extrusion of man-made filament yarn combined with weaving;Yarn dyeing combined with weaving;Weaving combined with dyeing or with coating or with laminating;Twisting or any mechanical operation combined with weaving;Weaving combined with printing;orPrinting (as standalone operation)
Chapter 55 Man-made staple fibres
55.01-55.07 Extrusion of man-made fibres
55.08-55.11 Spinning of natural fibres;Extrusion of man-made fibres combined with spinning;orTwisting combined with any mechanical operation
55.12-55.16 Spinning of natural or man-made staple fibres combined with weaving;Extrusion of man-made filament yarn combined with weaving;Twisting or any mechanical operation combined with weaving;Weaving combined with dyeing or with coating or with laminating;Yarn dyeing combined with weaving;Weaving combined with printing;orPrinting (as standalone operation)
Chapter 56 Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof
56.01 Spinning or bonding of natural fibres;Extrusion of man-made fibres combined with spinning or bonding;Flocking combined with dyeing or with printing;orCoating, flocking, laminating, or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing), provided that the value of non-originating materials used does not exceed 50 % of the EXW of the product
56.02
–Needleloom Felt: – Needleloom Felt: Extrusion of man-made fibres combined with fabric formation; however:—non-originating polypropylene filament of heading 54.02,—non-originating polypropylene fibres of heading 55.03 or 55.06, or—non-originating polypropylene filament tow of heading 55.01,of which the denomination in all cases of a single filament or fibre is less than 9 decitex, may be used, provided that their total value does not exceed 40 % of the EXW of the product;orNon-woven fabric formation alone in the case of felt made from natural fibres — non-originating polypropylene filament of heading 54.02, — non-originating polypropylene fibres of heading 55.03 or 55.06, or — non-originating polypropylene filament tow of heading 55.01,
– Needleloom Felt:
— non-originating polypropylene filament of heading 54.02,
— non-originating polypropylene fibres of heading 55.03 or 55.06, or
— non-originating polypropylene filament tow of heading 55.01,
–Others: – Others: Extrusion of man-made fibres combined with fabric formation;orNon-woven fabric formation alone in the case of other felt made from natural fibres
– Others:
5603.11-5603.14 Production from—directionally or randomly oriented filaments; or—substances or polymers of natural or man-made origin;followed in both cases by bonding into a nonwoven — directionally or randomly oriented filaments; or — substances or polymers of natural or man-made origin;
— directionally or randomly oriented filaments; or
— substances or polymers of natural or man-made origin;
5603.91-5603.94 Production from—directionally or randomly oriented staple fibres; or—chopped yarns, of natural or man-made origin;followed in both cases by bonding into a nonwoven — directionally or randomly oriented staple fibres; or — chopped yarns, of natural or man-made origin;
— directionally or randomly oriented staple fibres; or
— chopped yarns, of natural or man-made origin;
5604.10 Production from rubber thread or cord, not textile covered
5604.90 Spinning of natural fibres;Extrusion of man-made fibres combined with spinning;orTwisting combined with any mechanical operation
56.05 Spinning of natural or man-made staple fibres;Extrusion of man-made fibres combined with spinning;orTwisting combined with any mechanical operation
56.06 Extrusion of man-made fibres combined with spinning;Twisting combined with gimping;Spinning of natural or man-made staple fibres;orFlocking combined with dyeing
56.07-56.09 Spinning of natural fibres;orExtrusion of man-made fibres combined with spinning
Chapter 57 Carpets and other textile floor coveringsChapter note: For products of this Chapter non-originating jute fabric may be used as a backing
57.01-57.05 Spinning of natural or man-made staple fibres combined with weaving or with tufting;Extrusion of man-made filament yarn combined with weaving or with tufting;Production from coir yarn or sisal yarn or jute yarn or classical ring spun viscose yarn;Tufting combined with dyeing or with printing;Tufting or weaving of man-made filament yarn combined with coating or with laminating;Flocking combined with dyeing or with printing;orExtrusion of man-made fibres combined with nonwoven techniques including needle punching
Chapter 58 Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery
58.01-58.04 Spinning of natural or man-made staple fibres combined with weaving or with tufting;Extrusion of man-made filament yarn combined with weaving or with tufting;Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing;Tufting combined with dyeing or with printing;Flocking combined with dyeing or with printing;Yarn dyeing combined with weaving;Weaving combined with printing;orPrinting (as standalone operation)
58.05 CTH
58.06-58.09 Spinning of natural or man-made staple fibres combined with weaving or with tufting;Extrusion of man-made filament yarn combined with weaving or with tufting;Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing;Tufting combined with dyeing or with printing;Flocking combined with dyeing or with printing;Yarn dyeing combined with weaving;Weaving combined with printing;orPrinting (as standalone operation)
58.10 Embroidering in which the value of non-originating materials of any heading, except that of the product, used does not exceed 50 % of the EXW of the product
58.11 Spinning of natural or man-made staple fibres combined with weaving or with tufting;Extrusion of man-made filament yarn combined with weaving or with tufting;Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing;Tufting combined with dyeing or with printing;Flocking combined with dyeing or with printing;Yarn dyeing combined with weaving;Weaving combined with printing;orPrinting (as standalone operation)
Chapter 59 Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for industrial use
59.01 Weaving combined with dyeing or with flocking or with coating or with laminating or with metalising;orFlocking combined with dyeing or with printing
59.02
–Containing not more than 90 % by weight of textile materials: – Containing not more than 90 % by weight of textile materials: Weaving
– Containing not more than 90 % by weight of textile materials:
–Others: – Others: Extrusion of man-made fibres combined with weaving
– Others:
59.03 Weaving, knitting or crocheting combined with impregnating or with coating or with covering or with laminating or with metalising;Weaving combined with printing; orPrinting (as standalone operation)
59.04 Calendaring combined with dyeing, coating, laminating or metalizing. Non-originating jute fabric may be used as a backing;orWeaving combined with dyeing or with coating or with laminating or with metalising. Non-originating jute fabric may be used as a backing
59.05
–Impregnated, coated, covered or laminated with rubber, plastics or other materials: – Impregnated, coated, covered or laminated with rubber, plastics or other materials: Weaving, knitting or non-woven fabric formation combined with impregnating or with coating or with covering or with laminating or with metalising
– Impregnated, coated, covered or laminated with rubber, plastics or other materials:
–Others: – Others: Spinning of natural or man-made staple fibres combined with weaving;Extrusion of man-made filament yarn combined with weaving;Weaving, knitting or nonwoven fabric formation combined with dyeing or with coating or with laminating;Weaving combined with printing;orPrinting (as standalone operation)
– Others:
59.06
–Knitted or crocheted fabrics: – Knitted or crocheted fabrics: Spinning of natural or man-made staple fibres combined with knitting or with crocheting;Extrusion of man-made filament yarn combined with knitting or with crocheting;Knitting or crocheting combined with rubberising; orRubberising combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of non-originating materials used does not exceed 50 % of the EXW of the product
– Knitted or crocheted fabrics:
–Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials: – Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials: Extrusion of man-made fibres combined with weaving
– Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials:
–Others: – Others: Weaving, knitting or nonwoven process combined with dyeing or with coating or with rubberising;Yarn dyeing combined with weaving, knitting or nonwoven process;orRubberising combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of non-originating materials used does not exceed 50 % of the EXW of the product
– Others:
59.07 Weaving, knitting or nonwoven fabric formation combined with dyeing or with printing or with coating or with impregnating or with covering;Flocking combined with dyeing or with printing;orPrinting (as standalone operation)
59.08
–Incandescent gas mantles, impregnated: – Incandescent gas mantles, impregnated: Production from tubular knitted or crocheted gas-mantle fabric
– Incandescent gas mantles, impregnated:
–Others: – Others: CTH
– Others:
59.09-59.11 Spinning of natural or of man-made staple fibres combined with weaving;Extrusion of man-made fibres combined with weaving;Weaving combined with dyeing or with coating or with laminating;orCoating, flocking, laminating or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of non-originating materials used does not exceed 50 % of the EXW of the product
Chapter 60 Knitted or crocheted fabrics
60.01-60.06 Spinning of natural or man-made staple fibres combined with knitting or with crocheting;Extrusion of man-made filament yarn combined with knitting or with crocheting;Knitting or crocheting combined with dyeing or with flocking or with coating or with laminating or with printing;Flocking combined with dyeing or with printing;Yarn dyeing combined with knitting or with crocheting; orTwisting or texturing combined with knitting or with crocheting provided that the value of non-originating non-twisted or non-textured yarns used does not exceed 50 % of the EXW of the product
Chapter 61 Articles of apparel and clothing accessories, knitted or crocheted
61.01-61.17
–Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form: – Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form: Knitting or crocheting combined with making-up including cutting of fabric
– Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form:
–Others: – Others: Spinning of natural or man-made staple fibres combined with knitting or with crocheting;Extrusion of man-made filament yarn combined with knitting or with crocheting; orKnitting and making-up in one operation
– Others:
Chapter 62 Articles of apparel and clothing accessories, not knitted or crocheted
62.01 Weaving combined with making-up including cutting of fabric;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
62.02
–Embroidered: – Embroidered: Weaving combined with making-up including cutting of fabric;orProduction from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product
– Embroidered:
–Others: – Others: Weaving combined with making-up including cutting of fabric;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
– Others:
62.03 Weaving combined with making-up including cutting of fabric;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
62.04
–Embroidered: – Embroidered: Weaving combined with making-up including cutting of fabric;orProduction from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product
– Embroidered:
–Others: – Others: Weaving combined with making-up including cutting of fabric;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
– Others:
62.05 Weaving combined with making-up including cutting of fabric;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
62.06
–Embroidered: – Embroidered: Weaving combined with making-up including cutting of fabric;orProduction from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product
– Embroidered:
–Others: – Others: Weaving combined with making-up including cutting of fabric;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
– Others:
62.07-62.08 Weaving combined with making-up including cutting of fabric;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
62.09
–Embroidered: – Embroidered: Weaving combined with making-up including cutting of fabric;orProduction from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product
– Embroidered:
–Others: – Others: Weaving combined with making-up including cutting of fabric;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
– Others:
62.10
–Fire-resistant equipment of fabric covered with foil of aluminised polyester: – Fire-resistant equipment of fabric covered with foil of aluminised polyester: Weaving combined with making-up including cutting of fabric;orCoating or laminating combined with making-up including cutting of fabric, provided that the value of non-originating uncoated or unlaminated fabric used does not exceed 40 % of the EXW of the product
– Fire-resistant equipment of fabric covered with foil of aluminised polyester:
–Others: – Others: Weaving combined with making-up including cutting of fabric;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
– Others:
62.11
–Women’s, or girls’ garments, embroidered: – Women’s, or girls’ garments, embroidered: Weaving combined with making-up including cutting of fabric;orProduction from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product
– Women’s, or girls’ garments, embroidered:
–Others: – Others: Weaving combined with making-up including cutting of fabric;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
– Others:
62.12
–Knitted or crocheted obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form: – Knitted or crocheted obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form: Knitting combined with making-up including cutting of fabric;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
– Knitted or crocheted obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form:
–Others: – Others: Weaving combined with making-up including cutting of fabric;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
– Others:
62.13-62.14
–Embroidered: – Embroidered: Weaving combined with making-up including cutting of fabric;Production from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
– Embroidered:
–Others: – Others: Weaving combined with making-up including cutting of fabric;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
– Others:
62.15 Weaving combined with making-up including cutting of fabric;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
62.16
–Fire-resistant equipment of fabric covered with foil of aluminised polyester: – Fire-resistant equipment of fabric covered with foil of aluminised polyester: Weaving combined with making-up including cutting of fabric;orCoating or laminating combined with making-up including cutting of fabric, provided that the value of non-originating uncoated or unlaminated fabric used does not exceed 40 % of the EXW of the product
– Fire-resistant equipment of fabric covered with foil of aluminised polyester:
–Others: – Others: Weaving combined with making-up including cutting of fabric;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
– Others:
62.17
–Embroidered: – Embroidered: Weaving combined with making-up including cutting of fabric;Production from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product;orMaking-up including cutting of fabric preceded by printing (as standalone operation)
– Embroidered:
–Fire-resistant equipment of fabric covered with foil of aluminised polyester: – Fire-resistant equipment of fabric covered with foil of aluminised polyester: Weaving combined with making-up including cutting of fabric;orCoating or laminating combined with making-up including cutting of fabric, provided that the value of non-originating uncoated or unlaminated fabric used does not exceed 40 % of the EXW of the product
– Fire-resistant equipment of fabric covered with foil of aluminised polyester:
–Interlinings for collars and cuffs, cut out: – Interlinings for collars and cuffs, cut out: CTH, provided that the value of all the non-originating materials used does not exceed 40 % of the EXW of the product
– Interlinings for collars and cuffs, cut out:
–Others: – Others: Weaving combined with making-up including cutting of fabric
– Others:
Chapter 63 Other made up textile articles; sets; worn clothing and worn textile articles; rags
63.01-63.04
–Of felt, of nonwovens: – Of felt, of nonwovens: Nonwoven fabric formation combined with making-up including cutting of fabric
– Of felt, of nonwovens:
–Others: – Others:
– Others:
– –Embroidered: – – Embroidered: Weaving or knitting or crocheting combined with making-up including cutting of fabric;orProduction from unembroidered fabric (other than knitted or crocheted), provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product
– – Embroidered:
– –Others: – – Others: Weaving, knitting or crocheting combined with making-up including cutting of fabric
– – Others:
63.05 Extrusion of man-made fibres or spinning of natural or man-made staple fibres, combined with weaving or with knitting and making-up including cutting of fabric
63.06
–Of nonwovens: – Of nonwovens: Nonwoven fabric formation combined with making-up including cutting of fabric
– Of nonwovens:
–Others: – Others: Weaving combined with making-up including cutting of fabric
– Others:
63.07 MaxNOM 40 % (EXW)
63.08 Each item in the set must satisfy the rule which would apply to it if it were not included in the set; however, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the EXW of the set
63.09-63.10 CTH
SECTION XII FOOTWEAR, HEADGEAR, UMBRELLAS, SUN UMBRELLAS, WALKING-STICKS, SEAT-STICKS, WHIPS, RIDING-CROPS AND PARTS THEREOF; PREPARED FEATHERS AND ARTICLES MADE THEREWITH; ARTIFICIAL FLOWERS; ARTICLE OF HUMAN HAIR
Chapter 64 Footwear, gaiters and the like; parts of such articles
64.01-64.05 Production from non-originating materials of any heading, except from non-originating assemblies of uppers affixed to inner soles or to other sole components of heading 64.06
64.06 CTH
Chapter 65 Headgear and parts thereof
65.01-65.07 CTH
Chapter 66 Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops and parts thereof
66.01-66.03 CTH;orMaxNOM 50 % (EXW)
Chapter 67 Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair
67.01-67.04 CTH
SECTION XIII ARTICLES OF STONE, PLASTER, CEMENT, ASBESTOS, MICA OR SIMILAR MATERIALS; CERAMIC PRODUCTS; GLASS AND GLASSWARE
Chapter 68 Articles of stone, plaster, cement, asbestos, mica or similar materials
68.01-68.15 CTH;orMaxNOM 70 % (EXW)
Chapter 69 Ceramic products
69.01-69.14 CTH
Chapter 70 Glass and glassware
70.01-70.09 CTH;orMaxNOM 50 % (EXW)
70.10 CTH
70.11 CTH;orMaxNOM 50 % (EXW)
70.13 CTH except from non-originating materials of heading 70.10
70.14-70.20 CTH;orMaxNOM 50 % (EXW)
SECTION XIV NATURAL OR CULTURED PEARLS, PRECIOUS OR SEMI-PRECIOUS STONES, PRECIOUS METALS, METALS CLAD WITH PRECIOUS METAL, AND ARTICLES THEREOF; IMITATION JEWELLERY; COIN
Chapter 71 Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin
71.01-71.05 Production from non-originating materials of any heading
71.06
–Unwrought: – Unwrought: CTH except from non-originating materials of headings 71.06, 71.08 and 71.10;Electrolytic, thermal or chemical separation of non-originating precious metals of headings 71.06, 71.08 and 71.10;orFusion or alloying of non-originating precious metals of headings 71.06, 71.08 and 71.10 with each other or with base metals or purification
– Unwrought:
–Semi-manufactured or in powder form: – Semi-manufactured or in powder form: Production from non-originating unwrought precious metals
– Semi-manufactured or in powder form:
71.07 Production from non-originating materials of any heading
71.08
–Unwrought: – Unwrought: CTH except from non-originating materials of headings 71.06, 71.08 and 71.10;Electrolytic, thermal or chemical separation of non-originating precious metals of headings 71.06, 71.08 and 71.10;orFusion or alloying of non-originating precious metals of headings 71.06, 71.08 and 71.10 with each other or with base metals or purification
– Unwrought:
–Semi-manufactured or in powder form: – Semi-manufactured or in powder form: Production from non-originating unwrought precious metals
– Semi-manufactured or in powder form:
71.09 Production from non-originating materials of any heading
71.10
–Unwrought: – Unwrought: CTH except from non-originating materials of headings 71.06, 71.08 and 71.10;Electrolytic, thermal or chemical separation of non-originating precious metals of headings 71.06, 71.08 and 71.10;orFusion or alloying of non-originating precious metals of headings 71.06, 71.08 and 71.10 with each other or with base metals or purification
– Unwrought:
–Semi-manufactured or in powder form: – Semi-manufactured or in powder form: Production from non-originating unwrought precious metals
– Semi-manufactured or in powder form:
71.11 Production from non-originating materials of any heading
71.12-71.18 CTH
SECTION XV BASE METALS AND ARTICLES OF BASE METAL
Chapter 72 Iron and Steel
72.01-72.06 CTH
72.07 CTH except from non-originating materials of heading 72.06
72.08-72.17 CTH except from non-originating materials of headings 72.08 to 72.17
72.18 CTH
72.19-72.23 CTH except from non-originating materials of headings 72.19 to 72.23
72.24 CTH
72.25-72.29 CTH except from non-originating materials of headings 72.25 to 72.29
Chapter 73 Articles of iron or steel
7301.10 CC except from non-originating materials of headings 72.08 to 72.17
7301.20 CTH
73.02 CC except from non-originating materials of headings 72.08 to 72.17
73.03 CTH
73.04-73.06 CC except from non-originating materials of headings 72.13 to 72.17, 72.21 to 72.23 and 72.25 to 72.29
73.07
–Tube or pipe fittings of stainless steel: – Tube or pipe fittings of stainless steel: CTH except from non-originating forged blanks; however, non-originating forged blanks may be used provided that their value does not exceed 50 % of the EXW of the product
– Tube or pipe fittings of stainless steel:
–Others: – Others: CTH
– Others:
73.08 CTH except from non-originating materials of subheading 7301.20
7309.00-7315.19 CTH
7315.20 CTH;orMaxNOM 50 % (EXW)
7315.81-7326.90 CTH
Chapter 74 Copper and articles thereof
74.01-74.02 CTH
74.03 Production from non-originating materials of any heading
74.04-74.07 CTH
74.08 CTH and MaxNOM 50 % (EXW)
74.09-74.19 CTH
Chapter 75 Nickel and articles thereof
75.01 CTH
75.02 Production from non-originating materials of any heading
75.03-75.08 CTH
Chapter 76 Aluminium and articles thereof
76.01 CTH and MaxNOM 50 % (EXW);orThermal or electrolytic treatment from unalloyed aluminium or waste and scrap of aluminium
76.02 CTH
76.03-76.16 CTH and MaxNOM 50 % (EXW)(3)
Chapter 78 Lead and articles thereof
7801.10 Production from non-originating materials of any heading
7801.91-7806.00 CTH
Chapter 79 Zinc and articles thereof
79.01-79.07 CTH
Chapter 80 Tin and articles thereof
80.01-80.07 CTH
Chapter 81 Other base metals; cermets; articles thereof
81.01-81.13 Production from non-originating materials of any heading
Chapter 82 Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal
8201.10-8205.70 CTH;orMaxNOM 50 % (EXW)
8205.90 CTH, however, non-originating tools of heading 82.05 may be incorporated into the set, provided that their total value does not exceed 15 % of the EXW of the set
82.06 CTH except from non-originating materials of headings 82.02 to 82.05; however, non-originating tools of headings 82.02 to 82.05 may be incorporated into the set, provided that their total value does not exceed 15 % of the EXW of the set
82.07-82.15 CTH;orMaxNOM 50 % (EXW)
Chapter 83 Miscellaneous articles of base metal
83.01-83.11 CTH;orMaxNOM 50 % (EXW)
SECTION XVI MACHINERY AND MECHANICAL APPLIANCE; ELECTRICAL EQUIPMENT; PARTS THEREOF; SOUND RECORDERS AND REPRODUCERS, TELEVISION IMAGE AND SOUND RECORDERS AND REPRODUCERS, AND PARTS AND ACCESSORIES OF SUCH ARTICLES
Chapter 84 Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof
84.01-84.06 CTH;orMaxNOM 50 % (EXW)
84.07-84.08 MaxNOM 50 % (EXW)
84.09-84.12 CTH;orMaxNOM 50 % (EXW)
8413.11-8415.10 CTSH;orMaxNOM 50 % (EXW)
8415.20 CTH;orMaxNOM 50 % (EXW)
8415.81-8415.90 CTSH;orMaxNOM 50 % (EXW)
84.16-84.20 CTH;orMaxNOM 50 % (EXW)
84.21 CTSH;orMaxNOM 50 % (EXW)
84.22-84.24 CTH;orMaxNOM 50 % (EXW).
84.25-84.30 CTH except from non-originating materials of heading 84.31;orMaxNOM 50 % (EXW)
84.31-84.43 CTH;orMaxNOM 50 % (EXW)
84.44-84.47 CTH except from non-originating materials of heading 84.48;orMaxNOM 50 % (EXW)
84.48-84.55 CTH;orMaxNOM 50 % (EXW)
84.56-84.65 CTH except from non-originating materials of heading 84.66;orMaxNOM 50 % (EXW)
84.66-84.68 CTH;orMaxNOM 50 % (EXW)
84.70-84.72 CTH except from non-originating materials of heading 84.73;orMaxNOM 50 % (EXW)
84.73-84.78 CTH;orMaxNOM 50 % (EXW)
8479.10 CTSH;orMaxNOM 50 % (EXW)
8479.20
–Machinery for the extraction or preparation of microbial fats and oils – Machinery for the extraction or preparation of microbial fats and oils CTHorMaxNOM 50 % (EXW)
– Machinery for the extraction or preparation of microbial fats and oils
–Others – Others CTSH;orMaxNOM 50 % (EXW)
– Others
8479.30-8479.40 CTSH;orMaxNOM 50 % (EXW)
8479.50 CTH;orMaxNOM 50 % (EXW)
8479.60-8479.83 CTSH;orMaxNOM 50 % (EXW)
8479.89 CTH;orMaxNOM 50 % (EXW)
8479.90 CTSH;orMaxNOM 50 % (EXW)
84.80 CTH;orMaxNOM 50 % (EXW)
84.81 CTSH;orMaxNOM 50 % (EXW)
84.82-84.87 CTH;orMaxNOM 50 % (EXW)
Chapter 85 Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles
85.01-85.02 CTH except from non-originating materials of heading 85.03;orMaxNOM 50 % (EXW)
85.03-85.06 CTH;orMaxNOM 50 % (EXW)
85.07
–Accumulators containing one or more battery cells or battery modules and the circuitry to interconnect them amongst themselves,often referred to as “battery packs”, of a kind used as the primary source of electrical power for propulsion of vehicles of headings 87.02, 87.03 and 87.04 – Accumulators containing one or more battery cells or battery modules and the circuitry to interconnect them amongst themselves,often referred to as “battery packs”, of a kind used as the primary source of electrical power for propulsion of vehicles of headings 87.02, 87.03 and 87.04 CTH except from non-originating active cathode materials;orMaxNOM 30 % (EXW)(4)
– Accumulators containing one or more battery cells or battery modules and the circuitry to interconnect them amongst themselves,often referred to as “battery packs”, of a kind used as the primary source of electrical power for propulsion of vehicles of headings 87.02, 87.03 and 87.04
–Battery cells, battery modules and parts thereof, intended to be incorporated into an electric accumulator of a kind used as the primary source of electrical power for propulsion of vehicles of headings 87.02, 87.03 and 87.04 – Battery cells, battery modules and parts thereof, intended to be incorporated into an electric accumulator of a kind used as the primary source of electrical power for propulsion of vehicles of headings 87.02, 87.03 and 87.04 CTH except from non-originating active cathode materials;orMaxNOM 35 % (EXW)(5)
– Battery cells, battery modules and parts thereof, intended to be incorporated into an electric accumulator of a kind used as the primary source of electrical power for propulsion of vehicles of headings 87.02, 87.03 and 87.04
–Others – Others CTH;orMaxNOM 50 % (EXW)
– Others
85.08-85.18 CTH;orMaxNOM 50 % (EXW)
85.19-85.21 CTH except from non-originating materials of heading 85.22;orMaxNOM 50 % (EXW)
85.22-85.24 CTH;orMaxNOM 50 % (EXW)
85.25-85.27 CTH except from non-originating materials of heading 85.29;orMaxNOM 50 % (EXW)
85.28-85.34 CTH;orMaxNOM 50 % (EXW)
85.35-85.37 CTH except from non-originating materials of heading 85.38;orMaxNOM 50 % (EXW)
8538.10-8541.90 CTH;orMaxNOM 50 % (EXW)
8542.31-8542.39 CTH;Non-originating materials undergo a diffusion;orMaxNOM 50 % (EXW)
8542.90-8543.90 CTH;orMaxNOM 50 % (EXW)
85.44-85.49 MaxNOM 50 % (EXW)
SECTION XVII VEHICLES, AIRCRAFT, VESSELS AND ASSOCIATED TRANSPORT EQUIPMENT
Chapter 86 Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds
86.01-86.09 CTH except from non-originating materials of heading 86.07;orMaxNOM 50 % (EXW)
Chapter 87 Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof
87.01 MaxNOM 45 % (EXW)
87.02-87.04
–vehicles with both internal combustion piston engine and electric motor as motors for propulsion capable of being charged by plugging to external source of electric power (“plug-in hybrid”);–vehicles with only electric motor for propulsion – vehicles with both internal combustion piston engine and electric motor as motors for propulsion capable of being charged by plugging to external source of electric power (“plug-in hybrid”); – vehicles with only electric motor for propulsion MaxNOM 45 % (EXW) and battery packs of heading 85.07 of a kind used as the primary source of electrical power for propulsion of the vehicle must be originating(6)
– vehicles with both internal combustion piston engine and electric motor as motors for propulsion capable of being charged by plugging to external source of electric power (“plug-in hybrid”);
– vehicles with only electric motor for propulsion
–others – others MaxNOM 45 % (EXW)(7)
– others
87.05-87.07 MaxNOM 45 % (EXW)
87.08-87.11 CTH;orMaxNOM 50 % (EXW)
87.12 MaxNOM 45 % (EXW)
87.13-87.16 CTH;orMaxNOM 50 % (EXW)
Chapter 88 Aircraft, spacecraft, and parts thereof
88.01-88.07 CTH;orMaxNOM 50 % (EXW)
Chapter 89 Ships, boats and floating structures
89.01-89.08 CC;orMaxNOM 40 % (EXW)
SECTION XVIII OPTICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, MEASURING, CHECKING, PRECISION, MEDICAL OR SURGICAL INSTRUMENTS AND APPARATUS; CLOCKS AND WATCHES; MUSICAL INSTRUMENTS; PARTS AND ACCESSORIES THEREOF
Chapter 90 Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof
9001.10-90.01.40 CTH;orMaxNOM 50 % (EXW)
9001.50 CTH;Surfacing of the semi-finished lens into a finished ophthalmic lens with optical corrective power meant to be mounted on a pair of spectacles;Coating of the lens through appropriated treatments to improve vision and ensure protection of the wearer;orMaxNOM 50 % (EXW)
9001.90-9033.00 CTH;orMaxNOM 50 % (EXW)
Chapter 91 Clocks and watches and parts thereof
91.01-91.14 CTH;orMaxNOM 50 % (EXW)
Chapter 92 Musical instruments; parts and accessories of such articles
92.01-92.09 MaxNOM 50 % (EXW)
SECTION XIX ARMS AND AMMUNITION; PARTS AND ACCESSORIES THEREOF
Chapter 93 Arms and ammunition; parts and accessories thereof
93.01-93.07 MaxNOM 50 % (EXW)
SECTION XX MISCELLANEOUS MANUFACTURED ARTICLES
Chapter 94 Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings
94.01-94.06 CTH;orMaxNOM 50 % (EXW)
Chapter 95 Toys, games and sports requisites; parts and accessories thereof
95.03-95.08 CTH;orMaxNOM 50 % (EXW)
Chapter 96 Miscellaneous manufactured articles
96.01-96.04 CTH;orMaxNOM 50 % (EXW)
96.05 Each item in the set shall satisfy the rule which would apply to it if it were not included in the set, provided that non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the EXW of the set
96.06-9608.40 CTH;orMaxNOM 50 % (EXW)
96.08.50 Each item in the set shall satisfy the rule which would apply to it if it were not included in the set, provided that non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the EXW of the set
96.08.60-96.20 CTH;orMaxNOM 50 % (EXW)
SECTION XXI WORKS OF ART, COLLECTORS’ PIECES AND ANTIQUES
Chapter 97 Works of Art, Collectors’ Pieces and Antiques
97.01-97.06 CTH
— all the materials of Chapter 4 used are wholly obtained; and
— the total weight of non-originating materials of headings 17.01 and 17.02 does not exceed 20 % of the weight of the product
— all the materials of Chapter 8 used are wholly obtained; and
— the total weight of non-originating materials of headings 17.01 and 17.02 does not exceed 20 % of the weight of the product
– Preparations of surimi:
– Others:
– White chocolate:
(a) all the materials of Chapter 4 used are wholly obtained; and
(b) (i)the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or(ii)the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product (i) the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or (ii) the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product
(i) the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or
(ii) the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product
(i) the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or
(ii) the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product
– Others:
— all the materials of Chapter 4 used are wholly obtained; and
— the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product
— all the materials of Chapter 4 used are wholly obtained, and
— the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product
(a) all the materials of Chapter 4 used are wholly obtained, and
(b) (i)the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or(ii)the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product (i) the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or (ii) the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product
(i) the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or
(ii) the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product
(i) the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or
(ii) the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product
— all the materials of Chapter 4 used are wholly obtained,
— the total weight of non-originating materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the product,
— the total weight of non-originating materials of headings 10.06 and 11.08 used does not exceed 20 % of the weight of the product, and
— the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product
— all the materials of Chapter 4 used are wholly obtained, and
— the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
— all the materials of Chapter 4 used are wholly obtained, and
— the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
— all the materials of subheadings 0806.10, 2009.61, 2009.69 used are wholly obtained,
— all the materials of Chapter 4 used are wholly obtained, and
— the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
— all the materials of Chapters 2 and 4 used are wholly obtained,
— the total weight of non-originating materials of headings 10.01 to 10.04, 10.07 to 10.08, Chapter 11, and headings 23.02 and 23.03 used does not exceed 20 % of the weight of the product, and
— the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
– Sodium nitrate
– Calcium cyanamide
– Potassium sulphate
– Magnesium potassium sulphate
– Others
– Carded or combed:
– Others:
– Silk yarn and yarn spun from silk waste:
– Silk-worm gut:
– Needleloom Felt:
— non-originating polypropylene filament of heading 54.02,
— non-originating polypropylene fibres of heading 55.03 or 55.06, or
— non-originating polypropylene filament tow of heading 55.01,
– Others:
— directionally or randomly oriented filaments; or
— substances or polymers of natural or man-made origin;
— directionally or randomly oriented staple fibres; or
— chopped yarns, of natural or man-made origin;
– Containing not more than 90 % by weight of textile materials:
– Others:
– Impregnated, coated, covered or laminated with rubber, plastics or other materials:
– Others:
– Knitted or crocheted fabrics:
– Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials:
– Others:
– Incandescent gas mantles, impregnated:
– Others:
– Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form:
– Others:
– Embroidered:
– Others:
– Embroidered:
– Others:
– Embroidered:
– Others:
– Embroidered:
– Others:
– Fire-resistant equipment of fabric covered with foil of aluminised polyester:
– Others:
– Women’s, or girls’ garments, embroidered:
– Others:
– Knitted or crocheted obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form:
– Others:
– Embroidered:
– Others:
– Fire-resistant equipment of fabric covered with foil of aluminised polyester:
– Others:
– Embroidered:
– Fire-resistant equipment of fabric covered with foil of aluminised polyester:
– Interlinings for collars and cuffs, cut out:
– Others:
– Of felt, of nonwovens:
– Others:
– – Embroidered:
– – Others:
– Of nonwovens:
– Others:
– Unwrought:
– Semi-manufactured or in powder form:
– Unwrought:
– Semi-manufactured or in powder form:
– Unwrought:
– Semi-manufactured or in powder form:
– Tube or pipe fittings of stainless steel:
– Others:
– Machinery for the extraction or preparation of microbial fats and oils
– Others
– Accumulators containing one or more battery cells or battery modules and the circuitry to interconnect them amongst themselves,often referred to as “battery packs”, of a kind used as the primary source of electrical power for propulsion of vehicles of headings 87.02, 87.03 and 87.04
– Battery cells, battery modules and parts thereof, intended to be incorporated into an electric accumulator of a kind used as the primary source of electrical power for propulsion of vehicles of headings 87.02, 87.03 and 87.04
– Others
– vehicles with both internal combustion piston engine and electric motor as motors for propulsion capable of being charged by plugging to external source of electric power (“plug-in hybrid”);
– vehicles with only electric motor for propulsion
– others
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(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 ‘Trade and Cooperation Agreement’), was concluded by the Union and approved by means of Council Decision (EU) 2021/689 (1) and entered into force on 1 May 2021.
(2) Chapter 2 of Title I of Heading One of Part Two of the Trade and Cooperation Agreement, and Annexes 2 to 9 thereto lay down provisions on the definition of originating products and methods of administrative cooperation.
(3) Pursuant to Article 7(4), point (c), and Article 68 of 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 the related 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 the Trade and Cooperation Agreement 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) Decision No 1/2023 of the Partnership Council (2) provides that Annex 3 to the Trade and Cooperation Agreement is not to 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. No amendments are foreseen with regard to products listed in Annex 5 to the Trade and Cooperation Agreement. The draft Decision of the Partnership Council attached to this Decision is therefore in any event compliant with Decision No 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 within the Partnership Council, as the Decision of the Partnership Council will have legal effect in the Union,
HAS ADOPTED THIS DECISION:
The position to be taken on the Union’s behalf within 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 is set out in the draft Decision of the Partnership Council attached to this Decision.
The Decision of the Partnership Council referred to in Article 1 shall be published in the Official Journal of the European Union.
This Decision shall enter into force on the date of its adoption.
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.
This Decision shall enter into force 60 days after the date of its adoption.

‘ANNEX 3
PRODUCT-SPECIFIC RULES OF ORIGIN
Column 1
Harmonised System classification (2022) including specific description
Column 2
Product-specific rule of origin
SECTION I
LIVE ANIMALS; ANIMAL PRODUCTS
Chapter 1
Live animals
01.01-01.06
All animals of Chapter 1 are wholly obtained
Chapter 2
Meat and edible meat offal
02.01-02.10
Production in which all the materials of Chapters 1 and 2 used are wholly obtained
Chapter 3
Fish and crustaceans, molluscs and other aquatic invertebrates
03.01-03.09
Production in which all the materials of Chapter 3 used are wholly obtained
Chapter 4
Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included
04.01-04.10
Production in which:
—
all the materials of Chapter 4 used are wholly obtained; and
—
the total weight of non-originating materials of headings 17.01 and 17.02 does not exceed 20 % of the weight of the product
Chapter 5
Products of animal origin, not elsewhere specified or included
05.01-05.11
Production from non-originating materials of any heading
SECTION II
VEGETABLE PRODUCTS
Chapter 6
Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage
06.01-06.04
Production in which all the materials of Chapter 6 used are wholly obtained
Chapter 7
Edible vegetables and certain roots and tubers
07.01-07.14
Production in which all the materials of Chapter 7 used are wholly obtained
Chapter 8
Edible fruit and nuts; peel of citrus fruit or melons
08.01-08.14
Production in which:
—
all the materials of Chapter 8 used are wholly obtained; and
—
the total weight of non-originating materials of headings 17.01 and 17.02 does not exceed 20 % of the weight of the product
Chapter 9
Coffee, tea, maté and spices
09.01-09.10
Production from non-originating materials of any heading
Chapter 10
Cereals
10.01-10.08
Production in which all the materials of Chapter 10 used are wholly obtained
Chapter 11
Products of the milling industry; malt; starches; inulin; wheat gluten
11.01-11.09
Production in which all materials of Chapters 10 and 11, headings 07.01, 07.14, 23.02 to 23.03 or subheading 0710.10 used are wholly obtained
Chapter 12
Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder
12.01-12.14
CTH
Chapter 13
Lac; gums, resins and other vegetable saps and extracts
13.01-13.02
Production from non-originating materials of any heading in which the total weight of non-originating materials of headings 17.01 and 17.02 does not exceed 20 % of the weight of the product
Chapter 14
Vegetable plaiting materials; vegetable products not elsewhere specified or included
14.01-14.04
Production from non-originating materials of any heading
SECTION III
ANIMAL, VEGETABLE OR MICROBIAL FATS AND OILS AND THEIR CLEAVAGE PRODUCTS; PREPARED EDIBLE FATS; ANIMAL OR VEGETABLE WAXES
Chapter 15
Animal or vegetable or microbial fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes
15.01-15.04
CTH
15.05-15.06
Production from non-originating materials of any heading
15.07-15.08
CTSH
15.09-15.10
Production in which all the vegetable materials used are wholly obtained
15.11-15.15
CTSH
15.16-15.17
CTH
15.18-15.19
CTSH
15.20
Production from non-originating materials of any heading
15.21-15.22
CTSH
SECTION IV
PREPARED FOODSTUFFS; BEVERAGES, SPIRITS AND VINEGAR; TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES; PRODUCTS, WHETHER OR NOT CONTAINING NICOTINE, INTENDED FOR INHALATION WITHOUT COMBUSTION; OTHER NICOTINE CONTAINING PRODUCTS INTENDED FOR THE INTAKE OF NICOTINE INTO THE HUMAN BODY
Chapter 16
Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates, or of insects
1601.00-1604.18
Production in which all the materials of Chapters 1, 2, 3 and 16 used are wholly obtained (1) 1604.19
CC
1604.20

–
Preparations of surimi:
CC
–
Others:
Production in which all the materials of Chapters 3 and 16 used are wholly obtained (2) 1604.31-1605.69
Production in which all the materials of Chapters 3 and 16 used are wholly obtained
Chapter 17
Sugars and sugar confectionery
17.01
CTH
17.02
CTH, provided that the total weight of non-originating materials of headings 11.01 to 11.08, 17.01 and 17.03 used does not exceed 20 % of the weight of the product
17.03
CTH
17.04

–
White chocolate:
CTH, provided that:
(a) all the materials of Chapter 4 used are wholly obtained; and
(b) (i) the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or
(ii) the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product
–
Others:
CTH, provided that:
—
all the materials of Chapter 4 used are wholly obtained; and
—
the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product
Chapter 18
Cocoa and cocoa preparations
18.01-18.05
CTH
1806.10
CTH, provided that:
—
all the materials of Chapter 4 used are wholly obtained, and
—
the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product
1806.20-1806.90
CTH, provided that:
(a) all the materials of Chapter 4 used are wholly obtained, and
(b) (i) the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; or
(ii) the value of non-originating materials of headings 17.01 and 17.02 used does not exceed 30 % of the ex-works price of the product
Chapter 19
Preparations of cereals, flour, starch or milk; pastrycooks’ products
19.01-19.05
CTH, provided that:
—
all the materials of Chapter 4 used are wholly obtained,
—
the total weight of non-originating materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the product,
—
the total weight of non-originating materials of headings 10.06 and 11.08 used does not exceed 20 % of the weight of the product, and
—
the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product
Chapter 20
Preparations of vegetables, fruit, nuts or other parts of plants
20.01
CTH
20.02-20.03
Production in which all the materials of Chapter 7 used are wholly obtained
20.04-20.09
CTH, provided that the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product
Chapter 21
Miscellaneous edible preparations
21.01-21.02
CTH, provided that:
—
all the materials of Chapter 4 used are wholly obtained, and
—
the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
2103.10
2103.20
2103.90
CTH; however, non-originating mustard flour or meal or prepared mustard may be used
2103.30
Production from non-originating materials of any heading
21.04-21.06
CTH, provided that:
—
all the materials of Chapter 4 used are wholly obtained, and
—
the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
Chapter 22
Beverages, spirits and vinegar
22.01-22.06
CTH except from non-originating materials of headings 22.07 and 22.08, provided that:
—
all the materials of subheadings 0806.10, 2009.61, 2009.69 used are wholly obtained,
—
all the materials of Chapter 4 used are wholly obtained, and
—
the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
22.07
CTH except from non-originating materials of heading 22.08, provided that all the materials of Chapter 10, subheadings 0806.10, 2009.61 and 2009.69 used are wholly obtained
22.08-22.09
CTH except from non-originating materials of headings 22.07 and 22.08, provided that all the materials of subheadings 0806.10, 2009.61 and 2009.69 used are wholly obtained
Chapter 23
Residues and waste from the food industries; prepared animal fodder
23.01
CTH
2302.10-2303.10
CTH, provided that the total weight of non-originating materials of Chapter 10 used does not exceed 20 % of the weight of the product
2303.20-2308.00
CTH
23.09
CTH, provided that:
—
all the materials of Chapters 2 and 4 used are wholly obtained,
—
the total weight of non-originating materials of headings 10.01 to 10.04, 10.07 to 10.08, Chapter 11, and headings 23.02 and 23.03 used does not exceed 20 % of the weight of the product, and
—
the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product
Chapter 24
Tobacco and manufactured tobacco substitutes; products, whether or not containing nicotine, intended for inhalation without combustion; other nicotine containing products intended for the intake of nicotine into the human body
24.01
Production in which all materials of heading 24.01 are wholly obtained
2402.10
Production from non-originating materials of any heading, provided that the total weight of non-originating materials of heading 24.01 used does not exceed 30 % of the weight of materials of Chapter 24 used
2402.20
Production from non-originating materials of any heading, except that of the product and of smoking tobacco of subheading 2403.19, and in which at least 10 % by weight of all materials of heading 24.01 used is wholly obtained
2402.90
Production from non-originating materials of any heading, provided that the total weight of non-originating materials of heading 24.01 used does not exceed 30 % of the weight of materials of Chapter 24 used
2403.11-2404.11
CTH, in which at least 10 % by weight of all materials of heading 24.01 used are wholly obtained
2404.12-2404.99
CTH
SECTION V
MINERAL PRODUCTS
Section note: For definitions of horizontal processing rules within this Section, see Note 5 of Annex 2
Chapter 25
Salt; sulphur; earths and stone; plastering materials, lime and cement
25.01-25.30
CTH;
or
MaxNOM 70 % (EXW)
Chapter 26
Ores, slag and ash
26.01-26.21
CTH
Chapter 27
Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes
27.01-27.09
Production from non-originating materials of any heading
27.10
CTH except from non-originating biodiesel of subheading 3824.99 or 3826.00;
or
Distillation or a chemical reaction is undergone, provided that biodiesel (including hydrotreated vegetable oil) of heading 27.10 and subheadings 3824.99 and 3826.00 used is obtained by esterification, transesterification or hydrotreatment
27.11-27.15
Production from non-originating materials of any heading
SECTION VI
PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES
Section note: For definitions of horizontal processing rules within this Section, see Note 5 of Annex 2
Chapter 28
Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes
28.01-28.53
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
Chapter 29
Organic chemicals
2901.10-2905.42
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
2905.43-2905.44
CTH except from non-originating materials of heading 17.02 and subheading 3824.60
2905.45
CTSH, however, non-originating materials of the same subheading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product;
or
MaxNOM 50 % (EXW)
2905.49-2942
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
Chapter 30
Pharmaceutical products
30.01-30.06
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
Chapter 31
Fertilisers
31.01-31.04
CTH, however, non-originating materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the EXW of the product;
or
MaxNOM 40 % (EXW)
31.05

–
Sodium nitrate
–
Calcium cyanamide
–
Potassium sulphate
–
Magnesium potassium sulphate
CTH, however, non-originating materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the EXW of the product;
or
MaxNOM 40 % (EXW)
–
Others
CTH, however, non-originating materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the EXW of the product, and in which the value of all non-originating materials used does not exceed 50 % of the EXW of the product;
or
MaxNOM 40 % (EXW)
Chapter 32
Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks
32.01-32.15
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
Chapter 33
Essential oils and resinoids; perfumery, cosmetic or toilet preparations
33.01
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
3302.10
CTH, however, non-originating materials of subheading 3302.10 may be used, provided that their total value does not exceed 20 % of the EXW of the product
3302.90
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
33.03
Production from non-originating materials of any heading
33.04-33.07
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
Chapter 34
Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, “dental waxes” and dental preparations with a basis of plaster
34.01-34.07
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
Chapter 35
Albuminoidal substances; modified starches; glues; enzymes
35.01-35.04
CTH except from non-originating materials of Chapter 4
35.05
CTH except from non-originating materials of heading 11.08
35.06-35.07
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
Chapter 36
Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations
36.01-36.06
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
Chapter 37
Photographic or cinematographic goods
37.01-37.07
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
Chapter 38
Miscellaneous chemical products
38.01-38.08
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
3809.10
CTH except from non-originating materials of headings 11.08 and 35.05
3809.91-3822.90
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
38.23
Production from non-originating material of any heading
3824.10-3824.50
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
3824.60
CTH except from non-originating materials of subheadings 2905.43 and 2905.44
3824.81-3825.90
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
38.26
Production in which biodiesel is obtained through transesterification, esterification or hydro-treatment
38.27
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
SECTION VII
PLASTICS AND ARTICLES THEREOF; RUBBER AND ARTICLES THEREOF
Section note: For definitions of horizontal processing rules within this Section, see Note 5 of Annex 2
Chapter 39
Plastics and articles thereof
39.01-39.15
CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW)
39.16-39.19
CTH;
or
MaxNOM 50 % (EXW)
39.20
CTSH;
or
MaxNOM 50 % (EXW)
39.21-39.22
CTH;
or
MaxNOM 50 % (EXW)
3923.10-3923.50
CTSH;
or
MaxNOM 50 % (EXW)
3923.90-3925.90
CTH;
or
MaxNOM 50 % (EXW)
39.26
CTSH;
or
MaxNOM 50 % (EXW)
Chapter 40
Rubber and articles thereof
40.01-40.11
CTH;
or
MaxNOM 50 % (EXW)
4012.11-4012.19
CTSH;
or
Retreading of used tyres
4012.20-4017.00
CTH;
or
MaxNOM 50 % (EXW)
SECTION VIII
RAW HIDES AND SKINS, LEATHER, FURSKINS AND ARTICLES THEREOF; SADDLERY AND HARNESS; TRAVEL GOODS, HANDBAGS AND SIMILAR CONTAINERS; ARTICLE OF ANIMAL GUT (OTHER THAN SILK-WORM GUT)
Chapter 41
Raw hides and skins (other than furskins) and leather
41.01-4104.19
CTH
4104.41-4104.49
CTSH except from non-originating materials of subheadings 4104.41 to 4104.49
4105.10
CTH
4105.30
CTSH
4106.21
CTH
4106.22
CTSH
4106.31
CTH
4106.32-4106.40
CTSH
4106.91
CTH
4106.92
CTSH
41.07-41.13
CTH except from non-originating materials of subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32 and 4106.92. However, non-originating materials of subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32 or 4106.92 may be used provided that they undergo a retanning operation
4114.10
CTH
4114.20
CTH except from non-originating materials of subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32, 4106.92 and 4107. However, non-originating materials of subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32, 4106.92 and heading 41.07 may be used provided that they undergo a retanning operation
41.15
CTH
Chapter 42
Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk-worm gut)
42.01-42.06
CTH;
or
MaxNOM 50 % (EXW)
Chapter 43
Furskins and artificial fur; manufactures thereof
4301.10-4302.20
CTH;
or
MaxNOM 50 % (EXW)
4302.30
CTSH
43.03-43.04
CTH;
or
MaxNOM 50 % (EXW)
SECTION IX
WOOD AND ARTICLES OF WOOD; WOOD CHARCOAL; CORK AND ARTICLES OF CORK; MANUFACTURES OF STRAW, OF ESPARTO OR OTHER PLAITING MATERIALS; BASKETWARE AND WICKERWORK
Chapter 44
Wood and articles of wood; wood charcoal
44.01-44.21
CTH;
or
MaxNOM 50 % (EXW)
Chapter 45
Cork and articles of cork
45.01-45.04
CTH;
or
MaxNOM 50 % (EXW)
Chapter 46
Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork
46.01-46.02
CTH;
or
MaxNOM 50 % (EXW)
SECTION X
PULP OF WOOD OR OF OTHER FIBROUS CELLULOSIC MATERIAL; RECOVERED (WASTE AND SCRAP) PAPAER OR PAPERBOARD; PAPER AND PAPERBOARD AND ARTICLES THEREOF
Chapter 47
Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard
47.01-47.07
CTH;
or
MaxNOM 50 % (EXW)
Chapter 48
Paper and paperboard; articles of paper pulp, of paper or of paperboard
48.01-48.23
CTH;
or
MaxNOM 50 % (EXW)
Chapter 49
Printed books, newspapers, pictures and other products of the printing
industry; manuscripts, typescripts and plans
49.01-49.11
CTH;
or
MaxNOM 50 % (EXW)
SECTION XI
TEXTILES AND TEXTILE ARTICLES
Section note: For definitions of terms used for tolerances applicable to certain products made of textile materials, see Notes 6, 7 and 8 of Annex 2
Chapter 50
Silk
50.01-50.02
CTH
50.03

–
Carded or combed:
Carding or combing of silk waste
–
Others:
CTH
50.04-50.05
Spinning of natural fibres;
Extrusion of man-made continuous filament combined with spinning;
Extrusion of man-made continuous filament combined with twisting;
or
Twisting combined with any mechanical operation
50.06

–
Silk yarn and yarn spun from silk waste:
Spinning of natural fibres;
Extrusion of man-made continuous filament combined with spinning;
Extrusion of man-made continuous filament combined with twisting;
or
Twisting combined with any mechanical operation
–
Silk-worm gut:
CTH
50.07
Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Twisting or any mechanical operation combined with weaving;
Weaving combined with dyeing;
Yarn dyeing combined with weaving;
Weaving combined with printing;
or
Printing (as standalone operation)
Chapter 51
Wool, fine or coarse animal hair; horsehair yarn and woven fabric
51.01-51.05
CTH
51.06-51.10
Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning;
or
Twisting combined with any mechanical operation
51.11-51.13
Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Weaving combined with dyeing;
Yarn dyeing combined with weaving;
Weaving combined with printing;
or
Printing (as standalone operation)
Chapter 52
Cotton
52.01-52.03
CTH
52.04-52.07
Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning;
or
Twisting combined with any mechanical operation
52.08-52.12
Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Twisting or any mechanical operation combined with weaving;
Weaving combined with dyeing or with coating or with laminating;
Yarn dyeing combined with weaving;
Weaving combined with printing;
or
Printing (as standalone operation)
Chapter 53
Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn
53.01-53.05
CTH
53.06-53.08
Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning;
or
Twisting combined with any mechanical operation
53.09-53.11
Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Weaving combined with dyeing or with coating or with laminating;
Yarn dyeing combined with weaving;
Weaving combined with printing;
or
Printing (as standalone operation)
Chapter 54
Man-made filaments; strip and the like of man-made textile materials
54.01-54.06
Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning;
or
Twisting combined with any mechanical operation
54.07-54.08
Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Yarn dyeing combined with weaving;
Weaving combined with dyeing or with coating or with laminating;
Twisting or any mechanical operation combined with weaving;
Weaving combined with printing;
or
Printing (as standalone operation)
Chapter 55
Man-made staple fibres
55.01-55.07
Extrusion of man-made fibres
55.08-55.11
Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning;
or
Twisting combined with any mechanical operation
55.12-55.16
Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Twisting or any mechanical operation combined with weaving;
Weaving combined with dyeing or with coating or with laminating;
Yarn dyeing combined with weaving;
Weaving combined with printing;
or
Printing (as standalone operation)
Chapter 56
Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof
56.01
Spinning or bonding of natural fibres;
Extrusion of man-made fibres combined with spinning or bonding;
Flocking combined with dyeing or with printing;
or
Coating, flocking, laminating, or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing), provided that the value of non-originating materials used does not exceed 50 % of the EXW of the product
56.02

–
Needleloom Felt:
Extrusion of man-made fibres combined with fabric formation; however:
—
non-originating polypropylene filament of heading 54.02,
—
non-originating polypropylene fibres of heading 55.03 or 55.06, or
—
non-originating polypropylene filament tow of heading 55.01,
of which the denomination in all cases of a single filament or fibre is less than 9 decitex, may be used, provided that their total value does not exceed 40 % of the EXW of the product;
or
Non-woven fabric formation alone in the case of felt made from natural fibres
–
Others:
Extrusion of man-made fibres combined with fabric formation;
or
Non-woven fabric formation alone in the case of other felt made from natural fibres
5603.11-5603.14
Production from
—
directionally or randomly oriented filaments; or
—
substances or polymers of natural or man-made origin;
followed in both cases by bonding into a nonwoven
5603.91-5603.94
Production from
—
directionally or randomly oriented staple fibres; or
—
chopped yarns, of natural or man-made origin;
followed in both cases by bonding into a nonwoven
5604.10
Production from rubber thread or cord, not textile covered
5604.90
Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning;
or
Twisting combined with any mechanical operation
56.05
Spinning of natural or man-made staple fibres;
Extrusion of man-made fibres combined with spinning;
or
Twisting combined with any mechanical operation
56.06
Extrusion of man-made fibres combined with spinning;
Twisting combined with gimping;
Spinning of natural or man-made staple fibres;
or
Flocking combined with dyeing
56.07-56.09
Spinning of natural fibres;
or
Extrusion of man-made fibres combined with spinning
Chapter 57
Carpets and other textile floor coverings
Chapter note: For products of this Chapter non-originating jute fabric may be used as a backing
57.01-57.05
Spinning of natural or man-made staple fibres combined with weaving or with tufting;
Extrusion of man-made filament yarn combined with weaving or with tufting;
Production from coir yarn or sisal yarn or jute yarn or classical ring spun viscose yarn;
Tufting combined with dyeing or with printing;
Tufting or weaving of man-made filament yarn combined with coating or with laminating;
Flocking combined with dyeing or with printing;
or
Extrusion of man-made fibres combined with nonwoven techniques including needle punching
Chapter 58
Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery
58.01-58.04
Spinning of natural or man-made staple fibres combined with weaving or with tufting;
Extrusion of man-made filament yarn combined with weaving or with tufting;
Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing;
Tufting combined with dyeing or with printing;
Flocking combined with dyeing or with printing;
Yarn dyeing combined with weaving;
Weaving combined with printing;
or
Printing (as standalone operation)
58.05
CTH
58.06-58.09
Spinning of natural or man-made staple fibres combined with weaving or with tufting;
Extrusion of man-made filament yarn combined with weaving or with tufting;
Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing;
Tufting combined with dyeing or with printing;
Flocking combined with dyeing or with printing;
Yarn dyeing combined with weaving;
Weaving combined with printing;
or
Printing (as standalone operation)
58.10
Embroidering in which the value of non-originating materials of any heading, except that of the product, used does not exceed 50 % of the EXW of the product
58.11
Spinning of natural or man-made staple fibres combined with weaving or with tufting;
Extrusion of man-made filament yarn combined with weaving or with tufting;
Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing;
Tufting combined with dyeing or with printing;
Flocking combined with dyeing or with printing;
Yarn dyeing combined with weaving;
Weaving combined with printing;
or
Printing (as standalone operation)
Chapter 59
Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for industrial use
59.01
Weaving combined with dyeing or with flocking or with coating or with laminating or with metalising;
or
Flocking combined with dyeing or with printing
59.02

–
Containing not more than 90 % by weight of textile materials:
Weaving
–
Others:
Extrusion of man-made fibres combined with weaving
59.03
Weaving, knitting or crocheting combined with impregnating or with coating or with covering or with laminating or with metalising;
Weaving combined with printing; or
Printing (as standalone operation)
59.04
Calendaring combined with dyeing, coating, laminating or metalizing. Non-originating jute fabric may be used as a backing;
or
Weaving combined with dyeing or with coating or with laminating or with metalising. Non-originating jute fabric may be used as a backing
59.05

–
Impregnated, coated, covered or laminated with rubber, plastics or other materials:
Weaving, knitting or non-woven fabric formation combined with impregnating or with coating or with covering or with laminating or with metalising
–
Others:
Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Weaving, knitting or nonwoven fabric formation combined with dyeing or with coating or with laminating;
Weaving combined with printing;
or
Printing (as standalone operation)
59.06

–
Knitted or crocheted fabrics:
Spinning of natural or man-made staple fibres combined with knitting or with crocheting;
Extrusion of man-made filament yarn combined with knitting or with crocheting;
Knitting or crocheting combined with rubberising; or
Rubberising combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of non-originating materials used does not exceed 50 % of the EXW of the product
–
Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials:
Extrusion of man-made fibres combined with weaving
–
Others:
Weaving, knitting or nonwoven process combined with dyeing or with coating or with rubberising;
Yarn dyeing combined with weaving, knitting or nonwoven process;
or
Rubberising combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of non-originating materials used does not exceed 50 % of the EXW of the product
59.07
Weaving, knitting or nonwoven fabric formation combined with dyeing or with printing or with coating or with impregnating or with covering;
Flocking combined with dyeing or with printing;
or
Printing (as standalone operation)
59.08

–
Incandescent gas mantles, impregnated:
Production from tubular knitted or crocheted gas-mantle fabric
–
Others:
CTH
59.09-59.11
Spinning of natural or of man-made staple fibres combined with weaving;
Extrusion of man-made fibres combined with weaving;
Weaving combined with dyeing or with coating or with laminating;
or
Coating, flocking, laminating or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of non-originating materials used does not exceed 50 % of the EXW of the product
Chapter 60
Knitted or crocheted fabrics
60.01-60.06
Spinning of natural or man-made staple fibres combined with knitting or with crocheting;
Extrusion of man-made filament yarn combined with knitting or with crocheting;
Knitting or crocheting combined with dyeing or with flocking or with coating or with laminating or with printing;
Flocking combined with dyeing or with printing;
Yarn dyeing combined with knitting or with crocheting; or
Twisting or texturing combined with knitting or with crocheting provided that the value of non-originating non-twisted or non-textured yarns used does not exceed 50 % of the EXW of the product
Chapter 61
Articles of apparel and clothing accessories, knitted or crocheted
61.01-61.17

–
Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form:
Knitting or crocheting combined with making-up including cutting of fabric
–
Others:
Spinning of natural or man-made staple fibres combined with knitting or with crocheting;
Extrusion of man-made filament yarn combined with knitting or with crocheting; or
Knitting and making-up in one operation
Chapter 62
Articles of apparel and clothing accessories, not knitted or crocheted
62.01
Weaving combined with making-up including cutting of fabric;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
62.02

–
Embroidered:
Weaving combined with making-up including cutting of fabric;
or
Production from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product
–
Others:
Weaving combined with making-up including cutting of fabric;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
62.03
Weaving combined with making-up including cutting of fabric;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
62.04

–
Embroidered:
Weaving combined with making-up including cutting of fabric;
or
Production from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product
–
Others:
Weaving combined with making-up including cutting of fabric;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
62.05
Weaving combined with making-up including cutting of fabric;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
62.06

–
Embroidered:
Weaving combined with making-up including cutting of fabric;
or
Production from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product
–
Others:
Weaving combined with making-up including cutting of fabric;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
62.07-62.08
Weaving combined with making-up including cutting of fabric;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
62.09

–
Embroidered:
Weaving combined with making-up including cutting of fabric;
or
Production from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product
–
Others:
Weaving combined with making-up including cutting of fabric;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
62.10

–
Fire-resistant equipment of fabric covered with foil of aluminised polyester:
Weaving combined with making-up including cutting of fabric;
or
Coating or laminating combined with making-up including cutting of fabric, provided that the value of non-originating uncoated or unlaminated fabric used does not exceed 40 % of the EXW of the product
–
Others:
Weaving combined with making-up including cutting of fabric;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
62.11

–
Women’s, or girls’ garments, embroidered:
Weaving combined with making-up including cutting of fabric;
or
Production from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product
–
Others:
Weaving combined with making-up including cutting of fabric;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
62.12

–
Knitted or crocheted obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form:
Knitting combined with making-up including cutting of fabric;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
–
Others:
Weaving combined with making-up including cutting of fabric;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
62.13-62.14

–
Embroidered:
Weaving combined with making-up including cutting of fabric;
Production from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
–
Others:
Weaving combined with making-up including cutting of fabric;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
62.15
Weaving combined with making-up including cutting of fabric;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
62.16

–
Fire-resistant equipment of fabric covered with foil of aluminised polyester:
Weaving combined with making-up including cutting of fabric;
or
Coating or laminating combined with making-up including cutting of fabric, provided that the value of non-originating uncoated or unlaminated fabric used does not exceed 40 % of the EXW of the product
–
Others:
Weaving combined with making-up including cutting of fabric;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
62.17

–
Embroidered:
Weaving combined with making-up including cutting of fabric;
Production from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product;
or
Making-up including cutting of fabric preceded by printing (as standalone operation)
–
Fire-resistant equipment of fabric covered with foil of aluminised polyester:
Weaving combined with making-up including cutting of fabric;
or
Coating or laminating combined with making-up including cutting of fabric, provided that the value of non-originating uncoated or unlaminated fabric used does not exceed 40 % of the EXW of the product
–
Interlinings for collars and cuffs, cut out:
CTH, provided that the value of all the non-originating materials used does not exceed 40 % of the EXW of the product
–
Others:
Weaving combined with making-up including cutting of fabric
Chapter 63
Other made up textile articles; sets; worn clothing and worn textile articles; rags
63.01-63.04

–
Of felt, of nonwovens:
Nonwoven fabric formation combined with making-up including cutting of fabric
–
Others:

– –
Embroidered:
Weaving or knitting or crocheting combined with making-up including cutting of fabric;
or
Production from unembroidered fabric (other than knitted or crocheted), provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product
– –
Others:
Weaving, knitting or crocheting combined with making-up including cutting of fabric
63.05
Extrusion of man-made fibres or spinning of natural or man-made staple fibres, combined with weaving or with knitting and making-up including cutting of fabric
63.06

–
Of nonwovens:
Nonwoven fabric formation combined with making-up including cutting of fabric
–
Others:
Weaving combined with making-up including cutting of fabric
63.07
MaxNOM 40 % (EXW)
63.08
Each item in the set must satisfy the rule which would apply to it if it were not included in the set; however, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the EXW of the set
63.09-63.10
CTH
SECTION XII
FOOTWEAR, HEADGEAR, UMBRELLAS, SUN UMBRELLAS, WALKING-STICKS, SEAT-STICKS, WHIPS, RIDING-CROPS AND PARTS THEREOF; PREPARED FEATHERS AND ARTICLES MADE THEREWITH; ARTIFICIAL FLOWERS; ARTICLE OF HUMAN HAIR
Chapter 64
Footwear, gaiters and the like; parts of such articles
64.01-64.05
Production from non-originating materials of any heading, except from non-originating assemblies of uppers affixed to inner soles or to other sole components of heading 64.06
64.06
CTH
Chapter 65
Headgear and parts thereof
65.01-65.07
CTH
Chapter 66
Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops and parts thereof
66.01-66.03
CTH;
or
MaxNOM 50 % (EXW)
Chapter 67
Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair
67.01-67.04
CTH
SECTION XIII
ARTICLES OF STONE, PLASTER, CEMENT, ASBESTOS, MICA OR SIMILAR MATERIALS; CERAMIC PRODUCTS; GLASS AND GLASSWARE
Chapter 68
Articles of stone, plaster, cement, asbestos, mica or similar materials
68.01-68.15
CTH;
or
MaxNOM 70 % (EXW)
Chapter 69
Ceramic products
69.01-69.14
CTH
Chapter 70
Glass and glassware
70.01-70.09
CTH;
or
MaxNOM 50 % (EXW)
70.10
CTH
70.11
CTH;
or
MaxNOM 50 % (EXW)
70.13
CTH except from non-originating materials of heading 70.10
70.14-70.20
CTH;
or
MaxNOM 50 % (EXW)
SECTION XIV
NATURAL OR CULTURED PEARLS, PRECIOUS OR SEMI-PRECIOUS STONES, PRECIOUS METALS, METALS CLAD WITH PRECIOUS METAL, AND ARTICLES THEREOF; IMITATION JEWELLERY; COIN
Chapter 71
Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin
71.01-71.05
Production from non-originating materials of any heading
71.06

–
Unwrought:
CTH except from non-originating materials of headings 71.06, 71.08 and 71.10;
Electrolytic, thermal or chemical separation of non-originating precious metals of headings 71.06, 71.08 and 71.10;
or
Fusion or alloying of non-originating precious metals of headings 71.06, 71.08 and 71.10 with each other or with base metals or purification
–
Semi-manufactured or in powder form:
Production from non-originating unwrought precious metals
71.07
Production from non-originating materials of any heading
71.08

–
Unwrought:
CTH except from non-originating materials of headings 71.06, 71.08 and 71.10;
Electrolytic, thermal or chemical separation of non-originating precious metals of headings 71.06, 71.08 and 71.10;
or
Fusion or alloying of non-originating precious metals of headings 71.06, 71.08 and 71.10 with each other or with base metals or purification
–
Semi-manufactured or in powder form:
Production from non-originating unwrought precious metals
71.09
Production from non-originating materials of any heading
71.10

–
Unwrought:
CTH except from non-originating materials of headings 71.06, 71.08 and 71.10;
Electrolytic, thermal or chemical separation of non-originating precious metals of headings 71.06, 71.08 and 71.10;
or
Fusion or alloying of non-originating precious metals of headings 71.06, 71.08 and 71.10 with each other or with base metals or purification
–
Semi-manufactured or in powder form:
Production from non-originating unwrought precious metals
71.11
Production from non-originating materials of any heading
71.12-71.18
CTH
SECTION XV
BASE METALS AND ARTICLES OF BASE METAL
Chapter 72
Iron and Steel
72.01-72.06
CTH
72.07
CTH except from non-originating materials of heading 72.06
72.08-72.17
CTH except from non-originating materials of headings 72.08 to 72.17
72.18
CTH
72.19-72.23
CTH except from non-originating materials of headings 72.19 to 72.23
72.24
CTH
72.25-72.29
CTH except from non-originating materials of headings 72.25 to 72.29
Chapter 73
Articles of iron or steel
7301.10
CC except from non-originating materials of headings 72.08 to 72.17
7301.20
CTH
73.02
CC except from non-originating materials of headings 72.08 to 72.17
73.03
CTH
73.04-73.06
CC except from non-originating materials of headings 72.13 to 72.17, 72.21 to 72.23 and 72.25 to 72.29
73.07

–
Tube or pipe fittings of stainless steel:
CTH except from non-originating forged blanks; however, non-originating forged blanks may be used provided that their value does not exceed 50 % of the EXW of the product
–
Others:
CTH
73.08
CTH except from non-originating materials of subheading 7301.20
7309.00-7315.19
CTH
7315.20
CTH;
or
MaxNOM 50 % (EXW)
7315.81-7326.90
CTH
Chapter 74
Copper and articles thereof
74.01-74.02
CTH
74.03
Production from non-originating materials of any heading
74.04-74.07
CTH
74.08
CTH and MaxNOM 50 % (EXW)
74.09-74.19
CTH
Chapter 75
Nickel and articles thereof
75.01
CTH
75.02
Production from non-originating materials of any heading
75.03-75.08
CTH
Chapter 76
Aluminium and articles thereof
76.01
CTH and MaxNOM 50 % (EXW);
or
Thermal or electrolytic treatment from unalloyed aluminium or waste and scrap of aluminium
76.02
CTH
76.03-76.16
CTH and MaxNOM 50 % (EXW) (3) Chapter 78
Lead and articles thereof
7801.10
Production from non-originating materials of any heading
7801.91-7806.00
CTH
Chapter 79
Zinc and articles thereof
79.01-79.07
CTH
Chapter 80
Tin and articles thereof
80.01-80.07
CTH
Chapter 81
Other base metals; cermets; articles thereof
81.01-81.13
Production from non-originating materials of any heading
Chapter 82
Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal
8201.10-8205.70
CTH;
or
MaxNOM 50 % (EXW)
8205.90
CTH, however, non-originating tools of heading 82.05 may be incorporated into the set, provided that their total value does not exceed 15 % of the EXW of the set
82.06
CTH except from non-originating materials of headings 82.02 to 82.05; however, non-originating tools of headings 82.02 to 82.05 may be incorporated into the set, provided that their total value does not exceed 15 % of the EXW of the set
82.07-82.15
CTH;
or
MaxNOM 50 % (EXW)
Chapter 83
Miscellaneous articles of base metal
83.01-83.11
CTH;
or
MaxNOM 50 % (EXW)
SECTION XVI
MACHINERY AND MECHANICAL APPLIANCE; ELECTRICAL EQUIPMENT; PARTS THEREOF; SOUND RECORDERS AND REPRODUCERS, TELEVISION IMAGE AND SOUND RECORDERS AND REPRODUCERS, AND PARTS AND ACCESSORIES OF SUCH ARTICLES
Chapter 84
Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof
84.01-84.06
CTH;
or
MaxNOM 50 % (EXW)
84.07-84.08
MaxNOM 50 % (EXW)
84.09-84.12
CTH;
or
MaxNOM 50 % (EXW)
8413.11-8415.10
CTSH;
or
MaxNOM 50 % (EXW)
8415.20
CTH;
or
MaxNOM 50 % (EXW)
8415.81-8415.90
CTSH;
or
MaxNOM 50 % (EXW)
84.16-84.20
CTH;
or
MaxNOM 50 % (EXW)
84.21
CTSH;
or
MaxNOM 50 % (EXW)
84.22-84.24
CTH;
or
MaxNOM 50 % (EXW).
84.25-84.30
CTH except from non-originating materials of heading 84.31;
or
MaxNOM 50 % (EXW)
84.31-84.43
CTH;
or
MaxNOM 50 % (EXW)
84.44-84.47
CTH except from non-originating materials of heading 84.48;
or
MaxNOM 50 % (EXW)
84.48-84.55
CTH;
or
MaxNOM 50 % (EXW)
84.56-84.65
CTH except from non-originating materials of heading 84.66;
or
MaxNOM 50 % (EXW)
84.66-84.68
CTH;
or
MaxNOM 50 % (EXW)
84.70-84.72
CTH except from non-originating materials of heading 84.73;
or
MaxNOM 50 % (EXW)
84.73-84.78
CTH;
or
MaxNOM 50 % (EXW)
8479.10
CTSH;
or
MaxNOM 50 % (EXW)
8479.20

–
Machinery for the extraction or preparation of microbial fats and oils
CTH
or
MaxNOM 50 % (EXW)
–
Others
CTSH;
or
MaxNOM 50 % (EXW)
8479.30-8479.40
CTSH;
or
MaxNOM 50 % (EXW)
8479.50
CTH;
or
MaxNOM 50 % (EXW)
8479.60-8479.83
CTSH;
or
MaxNOM 50 % (EXW)
8479.89
CTH;
or
MaxNOM 50 % (EXW)
8479.90
CTSH;
or
MaxNOM 50 % (EXW)
84.80
CTH;
or
MaxNOM 50 % (EXW)
84.81
CTSH;
or
MaxNOM 50 % (EXW)
84.82-84.87
CTH;
or
MaxNOM 50 % (EXW)
Chapter 85
Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles
85.01-85.02
CTH except from non-originating materials of heading 85.03;
or
MaxNOM 50 % (EXW)
85.03-85.06
CTH;
or
MaxNOM 50 % (EXW)
85.07

–
Accumulators containing one or more battery cells or battery modules and the circuitry to interconnect them amongst themselves,
often referred to as “battery packs”, of a kind used as the primary source of electrical power for propulsion of vehicles of headings 87.02, 87.03 and 87.04
CTH except from non-originating active cathode materials;
or
MaxNOM 30 % (EXW) (4) –
Battery cells, battery modules and parts thereof, intended to be incorporated into an electric accumulator of a kind used as the primary source of electrical power for propulsion of vehicles of headings 87.02, 87.03 and 87.04
CTH except from non-originating active cathode materials;
or
MaxNOM 35 % (EXW) (5) –
Others
CTH;
or
MaxNOM 50 % (EXW)
85.08-85.18
CTH;
or
MaxNOM 50 % (EXW)
85.19-85.21
CTH except from non-originating materials of heading 85.22;
or
MaxNOM 50 % (EXW)
85.22-85.24
CTH;
or
MaxNOM 50 % (EXW)
85.25-85.27
CTH except from non-originating materials of heading 85.29;
or
MaxNOM 50 % (EXW)
85.28-85.34
CTH;
or
MaxNOM 50 % (EXW)
85.35-85.37
CTH except from non-originating materials of heading 85.38;
or
MaxNOM 50 % (EXW)
8538.10-8541.90
CTH;
or
MaxNOM 50 % (EXW)
8542.31-8542.39
CTH;
Non-originating materials undergo a diffusion;
or
MaxNOM 50 % (EXW)
8542.90-8543.90
CTH;
or
MaxNOM 50 % (EXW)
85.44-85.49
MaxNOM 50 % (EXW)
SECTION XVII
VEHICLES, AIRCRAFT, VESSELS AND ASSOCIATED TRANSPORT EQUIPMENT
Chapter 86
Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds
86.01-86.09
CTH except from non-originating materials of heading 86.07;
or
MaxNOM 50 % (EXW)
Chapter 87
Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof
87.01
MaxNOM 45 % (EXW)
87.02-87.04

–
vehicles with both internal combustion piston engine and electric motor as motors for propulsion capable of being charged by plugging to external source of electric power (“plug-in hybrid”);
–
vehicles with only electric motor for propulsion
MaxNOM 45 % (EXW) and battery packs of heading 85.07 of a kind used as the primary source of electrical power for propulsion of the vehicle must be originating (6) –
others
MaxNOM 45 % (EXW) (7) 87.05-87.07
MaxNOM 45 % (EXW)
87.08-87.11
CTH;
or
MaxNOM 50 % (EXW)
87.12
MaxNOM 45 % (EXW)
87.13-87.16
CTH;
or
MaxNOM 50 % (EXW)
Chapter 88
Aircraft, spacecraft, and parts thereof
88.01-88.07
CTH;
or
MaxNOM 50 % (EXW)
Chapter 89
Ships, boats and floating structures
89.01-89.08
CC;
or
MaxNOM 40 % (EXW)
SECTION XVIII
OPTICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, MEASURING, CHECKING, PRECISION, MEDICAL OR SURGICAL INSTRUMENTS AND APPARATUS; CLOCKS AND WATCHES; MUSICAL INSTRUMENTS; PARTS AND ACCESSORIES THEREOF
Chapter 90
Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof
9001.10-90.01.40
CTH;
or
MaxNOM 50 % (EXW)
9001.50
CTH;
Surfacing of the semi-finished lens into a finished ophthalmic lens with optical corrective power meant to be mounted on a pair of spectacles;
Coating of the lens through appropriated treatments to improve vision and ensure protection of the wearer;
or
MaxNOM 50 % (EXW)
9001.90-9033.00
CTH;
or
MaxNOM 50 % (EXW)
Chapter 91
Clocks and watches and parts thereof
91.01-91.14
CTH;
or
MaxNOM 50 % (EXW)
Chapter 92
Musical instruments; parts and accessories of such articles
92.01-92.09
MaxNOM 50 % (EXW)
SECTION XIX
ARMS AND AMMUNITION; PARTS AND ACCESSORIES THEREOF
Chapter 93
Arms and ammunition; parts and accessories thereof
93.01-93.07
MaxNOM 50 % (EXW)
SECTION XX
MISCELLANEOUS MANUFACTURED ARTICLES
Chapter 94
Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings
94.01-94.06
CTH;
or
MaxNOM 50 % (EXW)
Chapter 95
Toys, games and sports requisites; parts and accessories thereof
95.03-95.08
CTH;
or
MaxNOM 50 % (EXW)
Chapter 96
Miscellaneous manufactured articles
96.01-96.04
CTH;
or
MaxNOM 50 % (EXW)
96.05
Each item in the set shall satisfy the rule which would apply to it if it were not included in the set, provided that non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the EXW of the set
96.06-9608.40
CTH;
or
MaxNOM 50 % (EXW)
96.08.50
Each item in the set shall satisfy the rule which would apply to it if it were not included in the set, provided that non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the EXW of the set
96.08.60-96.20
CTH;
or
MaxNOM 50 % (EXW)
SECTION XXI
WORKS OF ART, COLLECTORS’ PIECES AND ANTIQUES
Chapter 97
Works of Art, Collectors’ Pieces and Antiques
97.01-97.06
CTH
’.

(1) Prepared or preserved tunas, skipjack and bonito (Sarda spp.), whole or in pieces (excl. minced) classified under subheading 1604.14 may be considered as originating under alternative product-specific rules of origin within annual quotas as specified in Annex 4.

(2) Prepared or preserved tunas, skipjack or other fish of genus Euthynnus (excl. whole or in pieces) classified under subheading 1604.20 may be considered as originating under alternative product-specific rules of origin within annual quotas as specified in Annex 4.

(3) Certain aluminium products may be considered as originating under alternative product-specific rules of origin with annual quotas as specified in Annex 4.

(4) For the period from the entry into force of this Agreement until 31 December 2026 alternative product-specific rules of origin apply, as specified in Annex 5.

(5) For the period from the entry into force of this Agreement until 31 December 2026 alternative product-specific rules of origin apply, as specified in Annex 5.

(6) For the period from the entry into force of this Agreement until 31 December 2026 alternative product-specific rules of origin apply, as specified in Annex 5.

(7) For hybrid vehicles with both internal combustion engine and electric motor as motors for propulsion, other than those capable of being charged by plugging to external source of electric power, alternative product-specific rules of origin apply for the period from the entry into force of this Agreement until 31 December 2026, as specified in Annex 5.

Council Decision (EU) 2024/2604 of 25 June 2024 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism for the period May 2021–April 2028, the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period May 2021–April 2028, the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway and the Additional Protocol to the Agreement between the European Economic Community and Iceland (Text with EEA relevance)

Official Journalof the European Union ENL series
2024/2604 8.10.2024
(1) There remains a need to alleviate economic and social disparities within the European Economic Area, and a new mechanism for the financial contributions of the EEA EFTA States and a new Norwegian financial mechanism should therefore be established.
(2) On 20 May 2021, the Council authorised the Commission to open negotiations with Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an agreement on the future financial contributions of the EEA EFTA States to economic and social cohesion in the European Economic Area. The Commission has negotiated, on behalf of the Union, an Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism for the period May 2021–April 2028. This will take the form of a Protocol 38d to the EEA Agreement. The Commission has also negotiated, on behalf of the Union, an Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period May 2021–April 2028.
(3) The EEA Financial Mechanism for the period May 2021–April 2028 (‘EEA Financial Mechanism’) and the Norwegian Financial Mechanism for the period May 2021–April 2028 (‘Norwegian Financial Mechanism’) will contribute to the reduction of economic and social disparities in the European Economic Area and to the strengthening of relations between the EEA EFTA States and the Beneficiary States.
(4) The EEA Financial Mechanism reflects the benefits drawn by the EEA EFTA States from their participation in the internal market and takes account of the aim of promoting the continuous and balanced strengthening of trade and economic relations between all Contracting Parties to the EEA Agreement in accordance with Article 115 of the EEA Agreement.
(5) The EEA Financial Mechanism and the Norwegian Financial Mechanism establish special procedures that increase the efficiency of the implementation and the consultation of Beneficiary States. In particular, both the EEA Financial Mechanism and the Norwegian Financial Mechanism provide for consulting the Commission at a strategic level during the negotiations for the Memoranda of Understanding between the Donor States and the Beneficiary States. They also include arrangements for the Commission to provide assistance to the Beneficiary States in the consultations on the provisions for the implementation of the mechanisms. These safeguards will contribute to the efficient and timely implementation of the mechanisms, while taking full account of the needs of the Beneficiary States and of substantial difficulties that they may experience in the implementation of the financial mechanisms, including in relation to the common values and the principles of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. In this regard, attention should be paid to the right of a Beneficiary State to be heard where measures such as the suspension of payments and the recovery of funds are concerned.
(6) Considering that the EEA Financial Mechanism will be added as an additional protocol to the EEA Agreement, the Union is able, in accordance with the relevant procedures under the Treaties, to bring disputes about the interpretation or application of the additional protocol before the Joint Committee, pursuant to Article 111 of the EEA Agreement. In accordance with Article 89 of the EEA Agreement, the EEA Council can consider any issue giving rise to a difficulty.
(7) The special provisions on imports into the Union of certain fish and fisheries products originating in Iceland and Norway, set out in the Additional Protocols to their respective Free Trade Agreements with the European Economic Community(1), expired on 30 April 2021 and should be reviewed in accordance with Article 1 of those Additional Protocols. Alongside the negotiations of a future financial contribution and as part of a comprehensive package deal, the Council therefore, on 20 May 2021, authorised the Commission to open negotiations on an agreement on market access for fish and fishery products originating in Iceland and Norway.
(8) The replacement of the existing financial mechanisms by new mechanisms, which provide for special procedures, relate to different time periods, different amounts of funds, and different implementing provisions, as well as the renewal and extension of the concessions relating to certain fish and fisheries products, which were part of the comprehensive package of negotiations, constitute, taken as a whole, an important development of the association with the EEA EFTA States, which justifies the recourse to Article 217 of the Treaty on the Functioning of the European Union.
(9) Each of the Agreements and Additional Protocols referred to above provides for its own provisional application before its entry into force.
(10) Each of the Agreements and Additional Protocols should be signed on behalf of the European Union, subject to its conclusion at a later date, and applied on a provisional basis.
(11) In accordance with the Treaties, the Commission should ensure the signing of the Agreements and the Additional Protocols, subject to their conclusion,
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(5) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) There remains a need to alleviate economic and social disparities within the European Economic Area, and a new mechanism for the financial contributions of the EEA EFTA States and a new Norwegian financial mechanism should therefore be established.
(2) On 20 May 2021, the Council authorised the Commission to open negotiations with Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an agreement on the future financial contributions of the EEA EFTA States to economic and social cohesion in the European Economic Area. The Commission has negotiated, on behalf of the Union, an Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism for the period May 2021–April 2028. This will take the form of a Protocol 38d to the EEA Agreement. The Commission has also negotiated, on behalf of the Union, an Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period May 2021–April 2028.
(3) The EEA Financial Mechanism for the period May 2021–April 2028 (‘EEA Financial Mechanism’) and the Norwegian Financial Mechanism for the period May 2021–April 2028 (‘Norwegian Financial Mechanism’) will contribute to the reduction of economic and social disparities in the European Economic Area and to the strengthening of relations between the EEA EFTA States and the Beneficiary States.
(4) The EEA Financial Mechanism reflects the benefits drawn by the EEA EFTA States from their participation in the internal market and takes account of the aim of promoting the continuous and balanced strengthening of trade and economic relations between all Contracting Parties to the EEA Agreement in accordance with Article 115 of the EEA Agreement.
(5) The EEA Financial Mechanism and the Norwegian Financial Mechanism establish special procedures that increase the efficiency of the implementation and the consultation of Beneficiary States. In particular, both the EEA Financial Mechanism and the Norwegian Financial Mechanism provide for consulting the Commission at a strategic level during the negotiations for the Memoranda of Understanding between the Donor States and the Beneficiary States. They also include arrangements for the Commission to provide assistance to the Beneficiary States in the consultations on the provisions for the implementation of the mechanisms. These safeguards will contribute to the efficient and timely implementation of the mechanisms, while taking full account of the needs of the Beneficiary States and of substantial difficulties that they may experience in the implementation of the financial mechanisms, including in relation to the common values and the principles of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. In this regard, attention should be paid to the right of a Beneficiary State to be heard where measures such as the suspension of payments and the recovery of funds are concerned.
(6) Considering that the EEA Financial Mechanism will be added as an additional protocol to the EEA Agreement, the Union is able, in accordance with the relevant procedures under the Treaties, to bring disputes about the interpretation or application of the additional protocol before the Joint Committee, pursuant to Article 111 of the EEA Agreement. In accordance with Article 89 of the EEA Agreement, the EEA Council can consider any issue giving rise to a difficulty.
(7) The special provisions on imports into the Union of certain fish and fisheries products originating in Iceland and Norway, set out in the Additional Protocols to their respective Free Trade Agreements with the European Economic Community (1), expired on 30 April 2021 and should be reviewed in accordance with Article 1 of those Additional Protocols. Alongside the negotiations of a future financial contribution and as part of a comprehensive package deal, the Council therefore, on 20 May 2021, authorised the Commission to open negotiations on an agreement on market access for fish and fishery products originating in Iceland and Norway.
(8) The replacement of the existing financial mechanisms by new mechanisms, which provide for special procedures, relate to different time periods, different amounts of funds, and different implementing provisions, as well as the renewal and extension of the concessions relating to certain fish and fisheries products, which were part of the comprehensive package of negotiations, constitute, taken as a whole, an important development of the association with the EEA EFTA States, which justifies the recourse to Article 217 of the Treaty on the Functioning of the European Union.
(9) Each of the Agreements and Additional Protocols referred to above provides for its own provisional application before its entry into force.
(10) Each of the Agreements and Additional Protocols should be signed on behalf of the European Union, subject to its conclusion at a later date, and applied on a provisional basis.
(11) In accordance with the Treaties, the Commission should ensure the signing of the Agreements and the Additional Protocols, subject to their conclusion,
HAS ADOPTED THIS DECISION:
The signing on behalf of the Union of the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism for the period May 2021–April 2028, the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period May 2021–April 2028, the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway and the Additional Protocol to the Agreement between the European Economic Community and Iceland is hereby authorised, subject to the conclusion of the said Agreements and Additional Protocols (2).
The Commission shall ensure the signing of the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism for the period May 2021–April 2028, the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period May 2021–April 2028, the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway and the Additional Protocol to the Agreement between the European Economic Community and Iceland, subject to their conclusion.
Subject to their conclusion at a later date and pending the completion of the procedures necessary for their entry into force, the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism for the period May 2021–April 2028 and the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period May 2021–April 2028 shall be applied provisionally, in accordance with respectively Article 3, third paragraph, and Article 10(3) of the Agreements, as from the first day of the first month following the deposit of the last notification to this effect (3).
Subject to its conclusion at a later date and pending the completion of the procedures necessary for its entry into force, the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway shall be applied provisionally, in accordance with Article 5(3) of the Additional Protocol, as from the first day of the third month following the deposit of the last notification to this effect (4).
Subject to its conclusion at a later date and pending the completion of the procedures necessary for its entry into force, the Additional Protocol to the Agreement between the European Economic Community and Iceland shall be applied provisionally, in accordance with Article 4(3) of the Additional Protocol, as from the first day of the third month following the deposit of the last notification to this effect (5).
This Decision shall enter into force on the date of its adoption.

Commission Implementing Decision (EU) 2024/2599 of 4 October 2024 amending Commission Implementing Decision (EU) 2023/941 as regards the harmonised standards for personal fall protection equipment, powered filtering respiratory protective devices, footwear, electrically insulating helmets and eye and face protection for occupational use drafted in support of Regulation (EU) 2016/425 of the European Parliament and of the Council

Official Journalof the European Union ENL series
2024/2599 8.10.2024
(1) In accordance with Article 14 of Regulation (EU) 2016/425 of the European Parliament and of the Council(2), personal protective equipment that is in conformity with harmonised standards or parts thereof, the references of which have been published in theOfficial Journal of the European Union, is to be presumed to be in conformity with the essential health and safety requirements set out in Annex II to that Regulation covered by those standards or parts thereof.
(2) By Commission Implementing Decision C(2020)7924(3), the Commission made a request to the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (Cenelec) to revise and to complete the work on harmonised standards in support of Regulation (EU) 2016/425 to ensure that they continue to reflect the generally acknowledged state of the art in order to meet the essential health and safety requirements set out in Annex II to that Regulation.
(3) Implementing Decision C(2020)7924 has been amended by Commission Implementing Decision C(2024)2750(4)in order to adapt the scope of the request by adding and removing certain standards to take into account the latest technical and scientific progress, as well as the latest developments of standardisation activities at international and European levels, and to extend the deadline of standardisation activities in relation to certain standards and draft standards as the work on some of them could not be completed by the deadlines set in Implementing Decision C(2020) 7924.
(4) On the basis of the request set out in Implementing Decision C(2020)7924, Cenelec revised standard EN 50365:2002, the reference of which was not previously published in theOfficial Journal of the European Union.This resulted in the adoption of the harmonised standard EN 50365:2023 on electrically insulating helmets for use on low and medium voltage installations.
(5) On the basis of the request set out in Implementing Decision C(2020)7924, CEN revised the following harmonised standards, the references of which are published in theOfficial Journal of the European Unionby Commission Implementing Decision (EU) 2023/941(5): EN 360:2002 on retractable type fall arresters, EN 564:2014 on accessory cord for mountaineering equipment, EN 12841:2006 on rope adjustment devices, EN 12941:1998 as amended by EN 12941:1998/A1:2003 and EN 12941:1998/A2:2008 on requirements, testing and marking of powered filtering devices incorporating a helmet or a hood, EN 12942:1998 as amended by EN 12942:1998/A1:2002 and EN 12942:1998/A2:2008 on requirements, testing and marking of powered filtering devices incorporating full face masks, half masks or quarter masks, EN 14058:2017 on garments for protection against cool environments, EN ISO 20345:2022 on safety footwear, EN ISO 20346:2014 on protective footwear and EN ISO 20347:2012 on occupational footwear.
(6) As a result, CEN adopted the following standards: EN 360:2023, EN 564:2023, EN 12841:2024, EN 12941:2023, EN 12942:2023, EN 14058:2017+A1:2023, the amendment EN ISO 20345:2022/A1:2024, EN ISO 20346:2022 as amended by EN ISO 20346:2022/A1:2024, and EN ISO 20347:2022 as amended by EN ISO 20347:2022/A1:2024.
(7) The Commission, together with CEN, has assessed whether the standards and amendments thereto, comply with the request set out in Implementing Decision C(2020)7924.
(8) The following harmonised standards and the amendments thereto satisfy the essential health and safety requirements which they aim to cover and which are set out in Regulation (EU) 2016/425: EN 360:2023, EN 564:2023, EN 12841:2024, EN 12941:2023, EN 12942:2023, EN 14058:2017+A1:2023, the amendment EN ISO 20345:2022/A1:2024, EN ISO 20346:2022 as amended by EN ISO 20346:2022/A1:2024, EN ISO 20347:2022 as amended by EN ISO 20347:2022/A1:2024 and EN 50365:2023. It is therefore appropriate to publish the references of those harmonised standards and amendments thereto in theOfficial Journal of the European Union.
(9) Annex I to Implementing Decision (EU) 2023/941 provides the references of harmonised standards conferring a presumption of conformity with Regulation (EU) 2016/425. In order to ensure that the references of harmonised standards drafted in support of Regulation (EU) 2016/425 are listed in one act, the references of those standards and of the amendments thereto should be included in that Annex.
(10) It is necessary to withdraw the reference of harmonised standards EN 360:2002, EN 564:2014, EN 12841:2006, EN 12941:1998 as amended by EN 12941:1998/A1:2003 and EN 12941:1998/A2:2008, EN 12942:1998 as amended by EN 12942:1998/A1:2002 and EN 12942:1998/A2:2008, EN 14058:2017, EN ISO 20345:2022, EN ISO 20346:2014 and EN ISO 20347:2012 from theOfficial Journal of the European Union, given that those standards have been revised. It is therefore appropriate to delete theses references from Annex I to Implementing Decision (EU) 2023/941.
(11) In order to give manufacturers sufficient time to prepare for the application of the revised standards, it is necessary to defer the withdrawal of the reference of harmonised standards EN 360:2002, EN 564:2014, EN 12841:2006, EN 12941:1998 as amended by EN 12941:1998/A1:2003 and EN 12941:1998/A2:2008, EN 12942:1998 EN 14058:2017, EN ISO 20345:2022, EN ISO 20346:2014 and EN ISO 20347:2012.
(12) Harmonised standards EN 166:2001, EN 169:2002, EN 170:2002, EN 172:1994 as amended by EN 172:1994/A1:2000 and EN 172:1994/A2:2001, and EN 379:2003+A1:2009 on personal eye-protection have been revised by CEN and their references have been included in the Annex II to Implementing Decision (EU) 2023/941 with 11 November 2024 indicated as the date of withdrawal. The new standards, which cover a wide range of products for eye and face protection for occupation use, updated the test methods of the previous standards, increased the number of test configurations for a single product by introducing new head forms, introduced new requirements for the marking of products, and new technical requirements, such as resistance against radiant heat, high mass impact, chemicals, electrostatic properties, etc. Consequently, manufacturers need more time to adapt their production for it to comply with the new standards. Moreover, notified bodies and testing laboratories are required to adapt the test methods. It is therefore appropriate to postpone the date of withdrawal of harmonised standards EN 166:2001, EN 169:2002, EN 170:2002, EN 172:1994 as amended by EN 172:1994/A1:2000 and EN 172:1994/A2:2001 and EN 379:2003+A1:2009 for an additional year. While the revised standards bring significant changes to some of the applicable substantive requirements, this postponement is not expected to have a detrimental effect on the safety levels of the concerned products as the revised standards mainly improve the test procedures. The rows in Annex II to Implementing Decision (EU) 2023/941 concerning the harmonised standards EN 166:2001, EN 169:2002, EN 170:2002, EN 172:1994 as amended by EN 172:1994/A1:2000 and EN 172:1994/A2:2001 and EN 379:2003+A1:2009 should therefore be replaced.
(13) Implementing Decision (EU) 2023/941 should therefore be amended accordingly.
(14) Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in theOfficial Journal of the European Union. This Decision should enter into force on the day of its publication,
(1) Annex I is amended in accordance with Annex I to this Decision;
(2) Annex II is amended in accordance with Annex II to this Decision.
(1) rows 35, 54, 108, 139, 182, 183 and 184 are deleted;
(2) rows 109 and 110 are deleted;
(3) the following rows are inserted in sequential order:‘35a.EN 360:2023Personal fall protection equipment – Retractable type fall arresters’;‘54a.EN 564:2023Mountaineering equipment – Accessory cord – Safety requirements and test methods’;‘108a.EN 12841:2024Personal fall protection equipment – Rope access systems – Rope adjustment devices’;‘109a.EN 12941:2023Respiratory protective devices – Powered filtering devices incorporating a loose fitting respiratory interface – Requirements, testing, marking’;‘110a.EN 12942:2023Respiratory protective devices – Powered filtering devices incorporating full face masks, half masks or quarter masks – Requirements, testing, marking’;‘139a.EN 14058:2017+A1:2023Protective clothing – Garments for protection against cool environments’;‘182a.EN ISO 20345:2022Personal protective equipment – Safety footwear (ISO 20345:2021)EN ISO 20345:2022/A1:2024’;‘183a.EN ISO 20346:2022Personal protective equipment – Protective footwear (ISO 20346:2021)EN ISO 20346:2022/A1:2024’;‘184a.EN ISO 20347:2022Personal protective equipment – Occupational footwear (ISO 20347:2021)EN ISO 20347:2022/A1:2024’; ‘35a. EN 360:2023Personal fall protection equipment – Retractable type fall arresters’; ‘54a. EN 564:2023Mountaineering equipment – Accessory cord – Safety requirements and test methods’; ‘108a. EN 12841:2024Personal fall protection equipment – Rope access systems – Rope adjustment devices’; ‘109a. EN 12941:2023Respiratory protective devices – Powered filtering devices incorporating a loose fitting respiratory interface – Requirements, testing, marking’; ‘110a. EN 12942:2023Respiratory protective devices – Powered filtering devices incorporating full face masks, half masks or quarter masks – Requirements, testing, marking’; ‘139a. EN 14058:2017+A1:2023Protective clothing – Garments for protection against cool environments’; ‘182a. EN ISO 20345:2022Personal protective equipment – Safety footwear (ISO 20345:2021)EN ISO 20345:2022/A1:2024’; ‘183a. EN ISO 20346:2022Personal protective equipment – Protective footwear (ISO 20346:2021)EN ISO 20346:2022/A1:2024’; ‘184a. EN ISO 20347:2022Personal protective equipment – Occupational footwear (ISO 20347:2021)EN ISO 20347:2022/A1:2024’;
‘35a. EN 360:2023Personal fall protection equipment – Retractable type fall arresters’;
‘54a. EN 564:2023Mountaineering equipment – Accessory cord – Safety requirements and test methods’;
‘108a. EN 12841:2024Personal fall protection equipment – Rope access systems – Rope adjustment devices’;
‘109a. EN 12941:2023Respiratory protective devices – Powered filtering devices incorporating a loose fitting respiratory interface – Requirements, testing, marking’;
‘110a. EN 12942:2023Respiratory protective devices – Powered filtering devices incorporating full face masks, half masks or quarter masks – Requirements, testing, marking’;
‘139a. EN 14058:2017+A1:2023Protective clothing – Garments for protection against cool environments’;
‘182a. EN ISO 20345:2022Personal protective equipment – Safety footwear (ISO 20345:2021)EN ISO 20345:2022/A1:2024’;
‘183a. EN ISO 20346:2022Personal protective equipment – Protective footwear (ISO 20346:2021)EN ISO 20346:2022/A1:2024’;
‘184a. EN ISO 20347:2022Personal protective equipment – Occupational footwear (ISO 20347:2021)EN ISO 20347:2022/A1:2024’;
‘35a. EN 360:2023Personal fall protection equipment – Retractable type fall arresters’;
‘54a. EN 564:2023Mountaineering equipment – Accessory cord – Safety requirements and test methods’;
‘108a. EN 12841:2024Personal fall protection equipment – Rope access systems – Rope adjustment devices’;
‘109a. EN 12941:2023Respiratory protective devices – Powered filtering devices incorporating a loose fitting respiratory interface – Requirements, testing, marking’;
‘110a. EN 12942:2023Respiratory protective devices – Powered filtering devices incorporating full face masks, half masks or quarter masks – Requirements, testing, marking’;
‘139a. EN 14058:2017+A1:2023Protective clothing – Garments for protection against cool environments’;
‘182a. EN ISO 20345:2022Personal protective equipment – Safety footwear (ISO 20345:2021)EN ISO 20345:2022/A1:2024’;
‘183a. EN ISO 20346:2022Personal protective equipment – Protective footwear (ISO 20346:2021)EN ISO 20346:2022/A1:2024’;
‘184a. EN ISO 20347:2022Personal protective equipment – Occupational footwear (ISO 20347:2021)EN ISO 20347:2022/A1:2024’;
(4) the following row is added:‘189.IEN 50365:2023Live Working – Electrically insulating helmets for use on low and medium voltage installations’. ‘189.I EN 50365:2023Live Working – Electrically insulating helmets for use on low and medium voltage installations’.
‘189.I EN 50365:2023Live Working – Electrically insulating helmets for use on low and medium voltage installations’.
‘189.I EN 50365:2023Live Working – Electrically insulating helmets for use on low and medium voltage installations’.
‘2 EN 166:2001Personal eye-protection – Specifications 11.11.2025’;
‘3 EN 169:2002Personal eye-protection – Filters for welding and related techniques – Transmittance requirements and recommended use 11.11.2025’;
‘4 EN 170:2002Personal eye-protection – Ultraviolet filters – Transmittance requirements and recommended use 11.11.2025’;
‘5 EN 172:1994Personal eye protection – Sunglare filters for industrial useEN 172:1994/A1:2000EN 172:1994/A2:2001 11.11.2025’;
‘16 EN 1731:2006Personal eye protection – Mesh eye and face protectors 11.11.2025’.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (1), and in particular Article 10(6) thereof,
Whereas:
(1) In accordance with Article 14 of Regulation (EU) 2016/425 of the European Parliament and of the Council (2), personal protective equipment that is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, is to be presumed to be in conformity with the essential health and safety requirements set out in Annex II to that Regulation covered by those standards or parts thereof.
(2) By Commission Implementing Decision C(2020)7924 (3), the Commission made a request to the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (Cenelec) to revise and to complete the work on harmonised standards in support of Regulation (EU) 2016/425 to ensure that they continue to reflect the generally acknowledged state of the art in order to meet the essential health and safety requirements set out in Annex II to that Regulation.
(3) Implementing Decision C(2020)7924 has been amended by Commission Implementing Decision C(2024)2750 (4) in order to adapt the scope of the request by adding and removing certain standards to take into account the latest technical and scientific progress, as well as the latest developments of standardisation activities at international and European levels, and to extend the deadline of standardisation activities in relation to certain standards and draft standards as the work on some of them could not be completed by the deadlines set in Implementing Decision C(2020) 7924.
(4) On the basis of the request set out in Implementing Decision C(2020)7924, Cenelec revised standard EN 50365:2002, the reference of which was not previously published in the Official Journal of the European Union. This resulted in the adoption of the harmonised standard EN 50365:2023 on electrically insulating helmets for use on low and medium voltage installations.
(5) On the basis of the request set out in Implementing Decision C(2020)7924, CEN revised the following harmonised standards, the references of which are published in the Official Journal of the European Union by Commission Implementing Decision (EU) 2023/941 (5): EN 360:2002 on retractable type fall arresters, EN 564:2014 on accessory cord for mountaineering equipment, EN 12841:2006 on rope adjustment devices, EN 12941:1998 as amended by EN 12941:1998/A1:2003 and EN 12941:1998/A2:2008 on requirements, testing and marking of powered filtering devices incorporating a helmet or a hood, EN 12942:1998 as amended by EN 12942:1998/A1:2002 and EN 12942:1998/A2:2008 on requirements, testing and marking of powered filtering devices incorporating full face masks, half masks or quarter masks, EN 14058:2017 on garments for protection against cool environments, EN ISO 20345:2022 on safety footwear, EN ISO 20346:2014 on protective footwear and EN ISO 20347:2012 on occupational footwear.
(6) As a result, CEN adopted the following standards: EN 360:2023, EN 564:2023, EN 12841:2024, EN 12941:2023, EN 12942:2023, EN 14058:2017+A1:2023, the amendment EN ISO 20345:2022/A1:2024, EN ISO 20346:2022 as amended by EN ISO 20346:2022/A1:2024, and EN ISO 20347:2022 as amended by EN ISO 20347:2022/A1:2024.
(7) The Commission, together with CEN, has assessed whether the standards and amendments thereto, comply with the request set out in Implementing Decision C(2020)7924.
(8) The following harmonised standards and the amendments thereto satisfy the essential health and safety requirements which they aim to cover and which are set out in Regulation (EU) 2016/425: EN 360:2023, EN 564:2023, EN 12841:2024, EN 12941:2023, EN 12942:2023, EN 14058:2017+A1:2023, the amendment EN ISO 20345:2022/A1:2024, EN ISO 20346:2022 as amended by EN ISO 20346:2022/A1:2024, EN ISO 20347:2022 as amended by EN ISO 20347:2022/A1:2024 and EN 50365:2023. It is therefore appropriate to publish the references of those harmonised standards and amendments thereto in the Official Journal of the European Union.
(9) Annex I to Implementing Decision (EU) 2023/941 provides the references of harmonised standards conferring a presumption of conformity with Regulation (EU) 2016/425. In order to ensure that the references of harmonised standards drafted in support of Regulation (EU) 2016/425 are listed in one act, the references of those standards and of the amendments thereto should be included in that Annex.
(10) It is necessary to withdraw the reference of harmonised standards EN 360:2002, EN 564:2014, EN 12841:2006, EN 12941:1998 as amended by EN 12941:1998/A1:2003 and EN 12941:1998/A2:2008, EN 12942:1998 as amended by EN 12942:1998/A1:2002 and EN 12942:1998/A2:2008, EN 14058:2017, EN ISO 20345:2022, EN ISO 20346:2014 and EN ISO 20347:2012 from the Official Journal of the European Union, given that those standards have been revised. It is therefore appropriate to delete theses references from Annex I to Implementing Decision (EU) 2023/941.
(11) In order to give manufacturers sufficient time to prepare for the application of the revised standards, it is necessary to defer the withdrawal of the reference of harmonised standards EN 360:2002, EN 564:2014, EN 12841:2006, EN 12941:1998 as amended by EN 12941:1998/A1:2003 and EN 12941:1998/A2:2008, EN 12942:1998 EN 14058:2017, EN ISO 20345:2022, EN ISO 20346:2014 and EN ISO 20347:2012.
(12) Harmonised standards EN 166:2001, EN 169:2002, EN 170:2002, EN 172:1994 as amended by EN 172:1994/A1:2000 and EN 172:1994/A2:2001, and EN 379:2003+A1:2009 on personal eye-protection have been revised by CEN and their references have been included in the Annex II to Implementing Decision (EU) 2023/941 with 11 November 2024 indicated as the date of withdrawal. The new standards, which cover a wide range of products for eye and face protection for occupation use, updated the test methods of the previous standards, increased the number of test configurations for a single product by introducing new head forms, introduced new requirements for the marking of products, and new technical requirements, such as resistance against radiant heat, high mass impact, chemicals, electrostatic properties, etc. Consequently, manufacturers need more time to adapt their production for it to comply with the new standards. Moreover, notified bodies and testing laboratories are required to adapt the test methods. It is therefore appropriate to postpone the date of withdrawal of harmonised standards EN 166:2001, EN 169:2002, EN 170:2002, EN 172:1994 as amended by EN 172:1994/A1:2000 and EN 172:1994/A2:2001 and EN 379:2003+A1:2009 for an additional year. While the revised standards bring significant changes to some of the applicable substantive requirements, this postponement is not expected to have a detrimental effect on the safety levels of the concerned products as the revised standards mainly improve the test procedures. The rows in Annex II to Implementing Decision (EU) 2023/941 concerning the harmonised standards EN 166:2001, EN 169:2002, EN 170:2002, EN 172:1994 as amended by EN 172:1994/A1:2000 and EN 172:1994/A2:2001 and EN 379:2003+A1:2009 should therefore be replaced.
(13) Implementing Decision (EU) 2023/941 should therefore be amended accordingly.
(14) Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should enter into force on the day of its publication,
HAS ADOPTED THIS DECISION:
Implementing Decision (EU) 2023/941 is amended as follows:

(1) Annex I is amended in accordance with Annex I to this Decision;
(2) Annex II is amended in accordance with Annex II to this Decision.

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
However, point 1 of Annex I to this Decision shall apply from 8 April 2026 and point 2 of Annex I to this Decision shall apply from 8 October 2026.

Annex I to Implementing Decision (EU) 2023/941 is amended as follows:

(1) rows 35, 54, 108, 139, 182, 183 and 184 are deleted;

(2) rows 109 and 110 are deleted;

(3) the following rows are inserted in sequential order:
‘35a.
EN 360:2023
Personal fall protection equipment – Retractable type fall arresters’;
‘54a.
EN 564:2023
Mountaineering equipment – Accessory cord – Safety requirements and test methods’;
‘108a.
EN 12841:2024
Personal fall protection equipment – Rope access systems – Rope adjustment devices’;
‘109a.
EN 12941:2023
Respiratory protective devices – Powered filtering devices incorporating a loose fitting respiratory interface – Requirements, testing, marking’;
‘110a.
EN 12942:2023
Respiratory protective devices – Powered filtering devices incorporating full face masks, half masks or quarter masks – Requirements, testing, marking’;
‘139a.
EN 14058:2017+A1:2023
Protective clothing – Garments for protection against cool environments’;
‘182a.
EN ISO 20345:2022
Personal protective equipment – Safety footwear (ISO 20345:2021)
EN ISO 20345:2022/A1:2024’;
‘183a.
EN ISO 20346:2022
Personal protective equipment – Protective footwear (ISO 20346:2021)
EN ISO 20346:2022/A1:2024’;
‘184a.
EN ISO 20347:2022
Personal protective equipment – Occupational footwear (ISO 20347:2021)
EN ISO 20347:2022/A1:2024’;

(4) the following row is added:
‘189.I
EN 50365:2023
Live Working – Electrically insulating helmets for use on low and medium voltage installations’.

Rows 2, 3, 4, 5 and 16 of Annex II to Implementing Decision (EU) 2023/941 are replaced by the following:

‘2
EN 166:2001
Personal eye-protection – Specifications
11.11.2025’;
‘3
EN 169:2002
Personal eye-protection – Filters for welding and related techniques – Transmittance requirements and recommended use
11.11.2025’;
‘4
EN 170:2002
Personal eye-protection – Ultraviolet filters – Transmittance requirements and recommended use
11.11.2025’;
‘5
EN 172:1994
Personal eye protection – Sunglare filters for industrial use
EN 172:1994/A1:2000
EN 172:1994/A2:2001
11.11.2025’;
‘16
EN 1731:2006
Personal eye protection – Mesh eye and face protectors
11.11.2025’.

Commission Implementing Decision (EU) 2024/2596 of 4 October 2024 amending Implementing Decision (EU) 2023/655 as regards the definitive allocation of Union aid to Member States for school fruit and vegetables and for school milk for the period from 1 August 2023 to 31 July 2024 (notified under document C(2024) 6784)

Official Journalof the European Union ENL series
2024/2596 7.10.2024
(1) Pursuant to Article 3 of Commission Implementing Regulation (EU) 2017/39(2), Member States wishing to participate in the Union aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments (‘the school scheme’) are to submit to the Commission by 31 January each year their request for Union aid relating to the next school year and, if applicable, update the request for Union aid relating to the ongoing school year.
(2) Based on the information Member States notified by 31 January 2023, Commission Implementing Decision (EU) 2023/655(3)fixed the definitive allocation of Union aid for school fruit and vegetables and for school milk among Member States wishing to participate in the school scheme for the period from 1 August 2023 to 31 July 2024.
(3) In the notifications submitted by 31 August 2024 pursuant to Article 6 of Implementing Regulation (EU) 2017/39, Portugal and Romania notified transfers between the definitive allocation for school fruit and vegetables and the definitive allocation for school milk.
(4) Implementing Decision (EU) 2023/655 should therefore be amended accordingly.
(5) The measures provided for in this Decision are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,
Member State Definitive allocation for school fruit and vegetablesin EUR Definitive allocation for school milkin EUR
Belgium 3 815 785 1 433 417
Bulgaria 2 185 256 1 800 090
Czechia 3 507 158 3 124 223
Denmark 1 739 147 1 632 431
Germany 20 984 737 9 628 111
Estonia 416 641 764 787
Ireland 1 986 571 873 414
Greece 3 149 503 1 464 086
Spain 13 751 007 5 736 134
France 18 176 401 14 523 309
Croatia 1 322 043 610 533
Italy 15 293 816 6 910 347
Cyprus 300 828 252 652
Latvia 677 025 882 003
Lithuania 932 083 1 256 256
Luxembourg 299 593 197 646
Hungary 3 588 755 2 376 098
Malta 314 320 170 050
Netherlands 5 776 465 932 699
Austria 2 439 606 1 072 595
Poland 12 565 488 12 791 591
Portugal 2 244 412 1 861 261
Romania 4 942 588,80 12 669 381,20
Slovenia 689 729 305 638
Slovakia 1 932 221 1 698 579
Finland 1 672 943 2 731 455
Sweden 0 8 401 227
Total 124 704 121,80 96 100 013,20
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisations of the markets in agricultural products (1), and in particular Article 5(6) thereof,
Whereas:
(1) Pursuant to Article 3 of Commission Implementing Regulation (EU) 2017/39 (2), Member States wishing to participate in the Union aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments (‘the school scheme’) are to submit to the Commission by 31 January each year their request for Union aid relating to the next school year and, if applicable, update the request for Union aid relating to the ongoing school year.
(2) Based on the information Member States notified by 31 January 2023, Commission Implementing Decision (EU) 2023/655 (3) fixed the definitive allocation of Union aid for school fruit and vegetables and for school milk among Member States wishing to participate in the school scheme for the period from 1 August 2023 to 31 July 2024.
(3) In the notifications submitted by 31 August 2024 pursuant to Article 6 of Implementing Regulation (EU) 2017/39, Portugal and Romania notified transfers between the definitive allocation for school fruit and vegetables and the definitive allocation for school milk.
(4) Implementing Decision (EU) 2023/655 should therefore be amended accordingly.
(5) The measures provided for in this Decision are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,
HAS ADOPTED THIS DECISION:
Annex I to Implementing Decision (EU) 2023/655 is replaced by the text set out in the Annex to this Decision.
This Decision is addressed to the Member States.

‘ANNEX I
School year 2023/2024
Member State
Definitive allocation for school fruit and vegetables
in EUR
Definitive allocation for school milk
in EUR
Belgium
3 815 785
1 433 417
Bulgaria
2 185 256
1 800 090
Czechia
3 507 158
3 124 223
Denmark
1 739 147
1 632 431
Germany
20 984 737
9 628 111
Estonia
416 641
764 787
Ireland
1 986 571
873 414
Greece
3 149 503
1 464 086
Spain
13 751 007
5 736 134
France
18 176 401
14 523 309
Croatia
1 322 043
610 533
Italy
15 293 816
6 910 347
Cyprus
300 828
252 652
Latvia
677 025
882 003
Lithuania
932 083
1 256 256
Luxembourg
299 593
197 646
Hungary
3 588 755
2 376 098
Malta
314 320
170 050
Netherlands
5 776 465
932 699
Austria
2 439 606
1 072 595
Poland
12 565 488
12 791 591
Portugal
2 244 412
1 861 261
Romania
4 942 588,80
12 669 381,20
Slovenia
689 729
305 638
Slovakia
1 932 221
1 698 579
Finland
1 672 943
2 731 455
Sweden
0
8 401 227
Total
124 704 121,80
96 100 013,20
’

Council Decision (EU) 2024/2592 of 26 September 2024 on the position to be taken on behalf of the European Union in reply to the State Letter issued by the International Civil Aviation Organization (ICAO) as regards the review of limits of liability conducted by the ICAO under Article 24 of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention)

Official Journalof the European Union ENL series
2024/2592 30.9.2024
(1) The Convention for the Unification of Certain Rules for International Carriage by Air (the ‘Montreal Convention’), done at Montreal on 28 May 1999, was concluded by the Union and approved by means of Council Decision 2001/539/EC(1).
(2) Pursuant to Article 24(1) of the Montreal Convention, the International Civil Aviation Organization (ICAO), as the Depositary of the Montreal Convention, is to review the limits of liability provided for in Articles 21, 22 and 23 thereof at five-year intervals.
(3) As a result of the latest review carried out by the ICAO, the limits of liability provided for in Article 21 and Article 22(1), (2) and (3) of the Montreal Convention need to be adjusted, as set out in State Letter LE 3/38.1-IND/24/4 issued by the ICAO on 28 June 2024 (the ‘ICAO State Letter’). According to the ICAO State Letter, those adjustments are to become effective for all States Parties six months following their notification, unless within three months after that notification a majority of States Parties register their disapproval with the ICAO.
(4) It is appropriate to establish the position to be taken on the Union’s behalf within the ICAO, as the revised limits of liability will be binding under international law, in accordance with Article 21 and Article 22(1), (2) and (3) of the Montreal Convention, and as the Montreal Convention forms an integral part of the Union legal order.
(5) In view of the technical nature of the said review, which follows the clearly defined method of calculation laid down in the Montreal Convention, there is no reason for the Union to object to the review.
(6) Therefore, the position to be taken on the Union’s behalf should be to not register any disapproval to the proposed new liability limits set out in the ICAO State Letter,
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Convention for the Unification of Certain Rules for International Carriage by Air (the ‘Montreal Convention’), done at Montreal on 28 May 1999, was concluded by the Union and approved by means of Council Decision 2001/539/EC (1).
(2) Pursuant to Article 24(1) of the Montreal Convention, the International Civil Aviation Organization (ICAO), as the Depositary of the Montreal Convention, is to review the limits of liability provided for in Articles 21, 22 and 23 thereof at five-year intervals.
(3) As a result of the latest review carried out by the ICAO, the limits of liability provided for in Article 21 and Article 22(1), (2) and (3) of the Montreal Convention need to be adjusted, as set out in State Letter LE 3/38.1-IND/24/4 issued by the ICAO on 28 June 2024 (the ‘ICAO State Letter’). According to the ICAO State Letter, those adjustments are to become effective for all States Parties six months following their notification, unless within three months after that notification a majority of States Parties register their disapproval with the ICAO.
(4) It is appropriate to establish the position to be taken on the Union’s behalf within the ICAO, as the revised limits of liability will be binding under international law, in accordance with Article 21 and Article 22(1), (2) and (3) of the Montreal Convention, and as the Montreal Convention forms an integral part of the Union legal order.
(5) In view of the technical nature of the said review, which follows the clearly defined method of calculation laid down in the Montreal Convention, there is no reason for the Union to object to the review.
(6) Therefore, the position to be taken on the Union’s behalf should be to not register any disapproval to the proposed new liability limits set out in the ICAO State Letter,
HAS ADOPTED THIS DECISION:
The position to be taken on the Union’s behalf in reply to State Letter LE 3/38.1-IND/24/4, issued by the International Civil Aviation Organization on 28 June 2024, shall be to not register any disapproval to the proposed new liability limits set out in that State Letter.
This Decision shall enter into force on the date of its adoption.

Political and Security Committee Decision (CFSP) 2024/2590 of 24 September 2024 extending the mandate of the Head of the Civilian Command and Support Cell of the European Union Security and Defence Initiative in support of West African countries of the Gulf of Guinea (EUSDI/2/2024)

Official Journalof the European Union ENL series
2024/2590 30.9.2024
(1) Pursuant to Article 3(1) of Decision (CFSP) 2023/1599, the Council authorised the Political and Security Committee (PSC), in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the European Union Security and Defence Initiative in support of West African countries of the Gulf of Guinea (the ‘Initiative’), including decisions on the appointment of the Head of the Civilian Command and Support Cell.
(2) On 17 October 2023, the PSC adopted Decision (CFSP) 2023/2223(2), appointing Mr Philippe CHEVET as Head of the Civilian Command and Support Cell of the Initiative from 20 October 2023 to 19 October 2024.
(3) On 17 July 2024, the High Representative of the Union for Foreign Affairs and Security Policy proposed to extend the mandate of Mr Philippe CHEVET as Head of the Civilian Command and Support Cell of the Initiative from 20 October 2024 to 10 December 2025,
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular Article 38 thereof,
Having regard to Council Decision (CFSP) 2023/1599 of 3 August 2023 on a European Union Security and Defence Initiative in support of West African countries of the Gulf of Guinea (1), and in particular Article 3(1) thereof,
Whereas:
(1) Pursuant to Article 3(1) of Decision (CFSP) 2023/1599, the Council authorised the Political and Security Committee (PSC), in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the European Union Security and Defence Initiative in support of West African countries of the Gulf of Guinea (the ‘Initiative’), including decisions on the appointment of the Head of the Civilian Command and Support Cell.
(2) On 17 October 2023, the PSC adopted Decision (CFSP) 2023/2223 (2), appointing Mr Philippe CHEVET as Head of the Civilian Command and Support Cell of the Initiative from 20 October 2023 to 19 October 2024.
(3) On 17 July 2024, the High Representative of the Union for Foreign Affairs and Security Policy proposed to extend the mandate of Mr Philippe CHEVET as Head of the Civilian Command and Support Cell of the Initiative from 20 October 2024 to 10 December 2025,
HAS ADOPTED THIS DECISION:
The mandate of Mr Philippe CHEVET as Head of the Civilian Command and Support Cell of the European Union Security and Defence Initiative in support of West African countries of the Gulf of Guinea is extended from 20 October 2024 to 10 December 2025.
This Decision shall enter into force on the date of its adoption.

Council Decision (EU) 2024/2588 of 10 September 2024 on the signing, on behalf of the European Union, and provisional application of the Protocol on the implementation of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau (2024–2029)

Official Journalof the European Union ENL series
2024/2588 3.10.2024
(1) The Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau(1)(‘the Agreement’), approved by means of Council Regulation (EC) No 241/2008(2), entered into force on 15 April 2008. The Protocol thereto, which sets out the fishing opportunities and financial contribution provided for in the Agreement, expired on 14 June 2024.
(2) On 14 February 2024, the Council adopted a Decision authorising the Commission to open negotiations with Guinea-Bissau for the conclusion of a new Protocol implementing the Agreement.
(3) The Commission has negotiated, on behalf of the Union, a new Protocol implementing the Agreement. As a result of those negotiations, the Protocol on the implementation of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau (2024–2029) (‘the Protocol’) was initialled on 16 May 2024.
(4) The objectives of the Protocol are to enable Union vessels to fish in Guinea-Bissau’s fishing zone and to enable the Union and Guinea-Bissau to work closely together to further promote the development of a sustainable fisheries policy and the responsible exploitation of fishery resources in Guinea-Bissau’s fishing zone. That cooperation will also contribute to decent working conditions in the fisheries sector.
(5) The Protocol should be signed on behalf of the Union, subject to its conclusion at a later date.
(6) The Protocol should apply as soon as possible in view of the economic importance of Union fishing activity in Guinea-Bissau’s fishing zone and the need to limit, as far as possible, the duration of any interruption of that activity.
(7) The Protocol should therefore apply on a provisional basis from the date of its signature.
(8) In accordance with the Treaties, the Commission will ensure the signing of the Protocol, subject to its conclusion.
(9) The European Data Protection Supervisor was consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the European Parliament and of the Council(3)and delivered an opinion on 27 August 2024,
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(5) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau (1) (‘the Agreement’), approved by means of Council Regulation (EC) No 241/2008 (2), entered into force on 15 April 2008. The Protocol thereto, which sets out the fishing opportunities and financial contribution provided for in the Agreement, expired on 14 June 2024.
(2) On 14 February 2024, the Council adopted a Decision authorising the Commission to open negotiations with Guinea-Bissau for the conclusion of a new Protocol implementing the Agreement.
(3) The Commission has negotiated, on behalf of the Union, a new Protocol implementing the Agreement. As a result of those negotiations, the Protocol on the implementation of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau (2024–2029) (‘the Protocol’) was initialled on 16 May 2024.
(4) The objectives of the Protocol are to enable Union vessels to fish in Guinea-Bissau’s fishing zone and to enable the Union and Guinea-Bissau to work closely together to further promote the development of a sustainable fisheries policy and the responsible exploitation of fishery resources in Guinea-Bissau’s fishing zone. That cooperation will also contribute to decent working conditions in the fisheries sector.
(5) The Protocol should be signed on behalf of the Union, subject to its conclusion at a later date.
(6) The Protocol should apply as soon as possible in view of the economic importance of Union fishing activity in Guinea-Bissau’s fishing zone and the need to limit, as far as possible, the duration of any interruption of that activity.
(7) The Protocol should therefore apply on a provisional basis from the date of its signature.
(8) In accordance with the Treaties, the Commission will ensure the signing of the Protocol, subject to its conclusion.
(9) The European Data Protection Supervisor was consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (3) and delivered an opinion on 27 August 2024,
HAS ADOPTED THIS DECISION:
The signing, on behalf of the Union, of the Protocol on the implementation of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau (2024–2029) (4) (‘the Protocol’) is hereby authorised, subject to the conclusion of the Protocol.
The Commission will ensure the signature of the Protocol, subject to its conclusion.
The Protocol shall be applied on a provisional basis, in accordance with Article 19 thereof, as from the date of its signature, pending the completion of the procedures necessary for its entry into force.
This Decision shall enter into force on the date of its adoption.

Council Decision (EU) 2024/2586 of 23 September 2024 on the position to be taken on behalf of the European Union at the 16th General Assembly of the Intergovernmental Organisation for International Carriage by Rail (OTIF)

Official Journalof the European Union ENL series
2024/2586 1.10.2024
(1) The Union has acceded to the Convention concerning International Carriage by Rail of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (the ‘COTIF’), pursuant to Council Decision 2013/103/EU(1)and the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail (OTIF) on the Accession of the European Union to the Convention (the ‘Agreement on Accession to the Convention’).
(2) The General Assembly of OTIF was set up in accordance with Article 13 paragraph 1, letter a) of COTIF (the ‘General Assembly’). Pursuant to Article 14, paragraph 2, of COTIF, the General Assembly, among others, establishes its rules of procedure, elects the Secretary-General, decides, if necessary, on the temporary establishment of other committees for specific tasks, and takes decisions about proposals aiming to modify COTIF.
(3) The Union participates in the General Assembly in accordance with COTIF, the Rules of Procedure of the General Assembly, and the Agreement on Accession to the Convention.
(4) At its 16th session due to take place from 25 to 26 September 2024, the General Assembly is expected to take a number of decisions. It is appropriate to establish the position to be taken on behalf of the Union, as those decisions will either have an impact on the functioning of OTIF and on the development of the strategy of the organisation, or will lead to the adoption of acts which are binding under international law and capable of decisively influencing the content of Union legislation, and thus constitute an ‘act having legal effects’ for the purposes of Article 218(9) TFEU.
(5) In particular, under agenda item 5, the 16th session of the General Assembly is expected to decide upon the application of the People’s Republic of China (hereafter ‘China’) to become an Associate Member of OTIF. Indeed, in line with Article 37, paragraphs 2 to 5 of COTIF, the Commission lodged an objection to that application on behalf of the Union, with the number of votes equal to those of its Members which are also Member States of OTIF. Consequently, as announced by OTIF’s Secretary-General in his proposal of 28 August 2024, China’s application will be submitted to the 16th General Assembly for decision, in accordance with Article 37, paragraph 4 of COTIF. On 19 August 2024, in response to an objection lodged by the Commission on behalf of the Union and its Member States which are members of OTIF, the external relations department of the National Railway Administration of China provided additional explanations and justification for its request for associate membership of OTIF. However, further elements of information would still be necessary in order to formulate the position of the Union. Therefore, at the 16th General Assembly, the position of the Union should be to defer the decision on China’s application for accession as an Associate Member of OTIF to a subsequent session of the General Assembly of OTIF, and to instruct the Secretary-General of OTIF to organise consultations with interested parties on China’s application.
(6) Under agenda item 7, the adoption of the long-term strategy for OTIF is capable of influencing the policy and substantive work of OTIF, and the decision-making within OTIF. The proposed revised long-term strategy as submitted to the General Assembly has been discussed and agreed in the relevant sessions of the ad hoc Committee on Legal Affairs and International Cooperation (hereafter the ‘ad hoc Committee’), in line with the Union positions that were established regarding these matters. Therefore, the position of the Union should be to support the adoption of that revised long-term strategy.
(7) Under agenda item 13, the General Assembly will be asked to endorse the ‘Guidelines on the application of procedures for the modification of COTIF’, to recommend that they be followed in the preparation of modifications to COTIF within the competence of the General Assembly, and to instruct the ad hoc Committee to monitor and assess the application of the guidelines and to revise them as necessary. While those Guidelines are not in themselves binding, they are capable of decisively influencing the procedures for the modification of COTIF. The Guidelines as submitted to the General Assembly have been discussed and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that were established regarding these matters. Therefore, the position of the Union should be to endorse those Guidelines.
(8) Under agenda item 13, the General Assembly will be asked to approve the basic regulatory principles, as laid out in the report of the ad hoc Committee and as reflecting the Union position set out in Council Decision (EU) 2023/2582(2), to guide the ad hoc Committee and the Revision Committee in preparing modifications to modify COTIF and corresponding notes in the Explanatory Report to COTIF, with the aim of introducing an obligation for OTIF Member States to respect (not to undermine) the physical and functional integrity of the rail infrastructure of other OTIF Member States, as well as substantive and procedural provisions on sanctions to ensure compliance with the obligations under COTIF that are essential to achieve OTIF’s aim. These basic regulatory principles concern the organisation and functioning of the organisation, to which the Union is a Contracting Party, and may lead to the elaboration of proposals to amend COTIF; this topical issue concerns the whole scope of activities of OTIF, including areas for which the Union is exclusively competent as regards the Member States of the Union. The related proposals to modify COTIF will be binding under international law and will be capable of decisively influencing both the content of Union legislation and the interpretation and application of COTIF. The basic regulatory principles as submitted to the General Assembly have been discussed and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that were established regarding these matters. The position of the Union should therefore be to approve these basic regulatory principles.
(9) Under agenda item 13, the General Assembly will be asked to endorse the ‘Recommendation on the use of electronic signatures in official communications between OTIF and its members’. As specified in the Union position pursuant to Decision (EU) 2023/2582, the development of electronic communications requires certain administrative updates to ensure the safe and reliable use of electronic signatures in official communications between OTIF and its members. It is important to support the preparation of a recommendation in that regard, which takes into account the varying levels of experience of OTIF members and is in line with the rules laid down at Union level, in particular Regulation (EU) No 910/2014 of the European Parliament and of the Council(3). While this Recommendation is not in itself binding, it will have implications for the ‘Guidelines on treaty acts under COTIF’ as well as for the explanatory notes of ‘Rules of Procedure of the General Assembly’, for the ‘Regulation on the election and conditions of service of the Secretary-General’ and for the ‘Decision on permanent representatives’, which will all need to be amended accordingly. The Recommendation is thus capable of decisively influencing the procedures for the modification of COTIF. The proposals for decision submitted to the General Assembly have been discussed and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that were established regarding these matters. Therefore, the position of the Union should be to endorse the recommendation.
(10) Under agenda item 13, the General Assembly will be asked to adopt the ‘Decision on the symbols, name and abbreviation of the Intergovernmental Organisation for International Carriage by Rail’ and the ‘Decision on copyright and open access’, and to approve for each decision the related ‘Explanatory Notes’. As specified in the Union position pursuant to Decision (EU) 2023/2582, a policy designed to facilitate the reuse of information and documents owned by OTIF should be designed in line with the rules set out in Directive (EU) 2019/1024 of the European Parliament and of the Council(4)and Commission Decision 2011/833/EU(5). The envisaged acts in this area are therefore capable of decisively influencing the content of Union legislation. The proposals for decision submitted to the General Assembly have been discussed and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that were established regarding these matters. Therefore, the position of the Union should be to adopt those Decisions and to approve the related Explanatory Notes.
(11) Under agenda items 14 and 15, the envisaged decisions of the General Assembly concern the adoption of revised versions, respectively, of its Rules of Procedure and of the Regulation on the election and conditions of service of the Secretary-General, as well as on the approval of the Explanatory Notes related to those acts, all of them adapted in accordance with the new guidelines on the use of gender-neutral language. The respective explanatory notes will also incorporate the proposal of the ad hoc Committee in the ‘Recommendation on the use of electronic signatures in official communications between OTIF and its members’. The General Assembly’s Rules of Procedure and the Regulation on the election and conditions of service of the Secretary-General are legally binding acts under COTIF, with their respective explanatory notes being capable of decisively influencing the interpretation and application of COTIF. The revised versions of the General Assembly’s Rules of Procedure and the Regulation on the election and conditions of service of the Secretary-General, and the related Explanatory Notes, have been discussed and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that were established regarding these matters. The Union should therefore support the adoption of these amendments.
(12) The proposed decisions are in line with the law and the strategic objectives of the Union, and should therefore be supported by the Union.
(13) In accordance with Annex III to Decision 2013/103/EU, the preparation of OTIF meetings extends to on-the-spot coordination. Therefore, minor changes to this Union position may be agreed during on-the-spot coordination without requiring further decision of the Council, in particular in order to be able to react to proposals and developments not taken into account at the time of this Decision,
Document(s): SG-24055-AG16/5
Exercise of voting rights: Union
Position: Regarding China’s application to become an Associate Member of OTIF:—The European Commission lodged an objection to China’s application, on behalf of the Union, with the number of votes equal to those of its Members which are also Member States of OTIF.—On 19 August 2024, in response to an objection lodged by the European Commission on behalf of the Union and its Member States which are members of OTIF, the external relations department of the National Railway Administration of China provided additional explanations and justification for its request for associate membership of OTIF. However, the Union would need further elements of information in order to formulate its position. The Union’s position at the 16th General Assembly is therefore to defer a vote on China’s application to become an Associate Member of OTIF to a subsequent session of the General Assembly of OTIF, and to instruct the Secretary-General of OTIF to organise consultations with interested parties on China’s application. — The European Commission lodged an objection to China’s application, on behalf of the Union, with the number of votes equal to those of its Members which are also Member States of OTIF. — On 19 August 2024, in response to an objection lodged by the European Commission on behalf of the Union and its Member States which are members of OTIF, the external relations department of the National Railway Administration of China provided additional explanations and justification for its request for associate membership of OTIF. However, the Union would need further elements of information in order to formulate its position. The Union’s position at the 16th General Assembly is therefore to defer a vote on China’s application to become an Associate Member of OTIF to a subsequent session of the General Assembly of OTIF, and to instruct the Secretary-General of OTIF to organise consultations with interested parties on China’s application.
— The European Commission lodged an objection to China’s application, on behalf of the Union, with the number of votes equal to those of its Members which are also Member States of OTIF.
— On 19 August 2024, in response to an objection lodged by the European Commission on behalf of the Union and its Member States which are members of OTIF, the external relations department of the National Railway Administration of China provided additional explanations and justification for its request for associate membership of OTIF. However, the Union would need further elements of information in order to formulate its position. The Union’s position at the 16th General Assembly is therefore to defer a vote on China’s application to become an Associate Member of OTIF to a subsequent session of the General Assembly of OTIF, and to instruct the Secretary-General of OTIF to organise consultations with interested parties on China’s application.
Comments: In line with Article 37 paragraphs 2 to 5 of COTIF, by the deadline of 26 July 2024, the European Commission lodged an objection to China’s application to become an Associate Member of OTIF, on behalf of the Union, with the number of votes equal to those of its Members which are also Member States of OTIF. On 28 August 2024, OTIF’s Secretary-General submitted to the General Assembly a proposal regarding China’s application for accession as an Associate Member for decision, according to Article 37 paragraph 4 of COTIF.
— The European Commission lodged an objection to China’s application, on behalf of the Union, with the number of votes equal to those of its Members which are also Member States of OTIF.
— On 19 August 2024, in response to an objection lodged by the European Commission on behalf of the Union and its Member States which are members of OTIF, the external relations department of the National Railway Administration of China provided additional explanations and justification for its request for associate membership of OTIF. However, the Union would need further elements of information in order to formulate its position. The Union’s position at the 16th General Assembly is therefore to defer a vote on China’s application to become an Associate Member of OTIF to a subsequent session of the General Assembly of OTIF, and to instruct the Secretary-General of OTIF to organise consultations with interested parties on China’s application.
Document(s): SG-24024-AG 16/7
Exercise of voting rights: Union
Position: Reiterate support for the Secretary-General’s initiative to develop a long-term strategy for OTIF, and support the adoption of the long-term strategy as submitted by the Secretary-General in document SG-24024-AG 16/7.
Comments: The revised long-term strategy for OTIF submitted to the 16th General Assembly adequately addresses the comments made by the European Union at the 6th session of the OTIF ad hoc Committee on Legal Affairs and International Cooperation (Vienna, 16-18 April 2024).
Document(s): SG-24028-AG 16/13 – Restricted distribution
Exercise of voting rights: Member States
Position: Support the adoption of the following proposals for decision annexed to document SG-24029-AG16/13:—endorsing the ‘Guidelines on the application of procedures for the modification of COTIF’, recommending that they are followed in the preparation of modifications to COTIF within the competence of the General Assembly, and instructing the ad hoc Committee to monitor and assess the application of the guidelines and to revise them as necessary;—approving the basic regulatory principles as laid out in the report of the ad hoc Committee and as reflecting the Union position set out in Council Decision (EU) 2023/2582 to guide the ad hoc Committee and the Revision Committee in preparing modifications to modify COTIF and corresponding notes in the Explanatory Report to COTIF, with the aim of introducing an obligation for OTIF Member States to respect [not to undermine] the physical and functional integrity of the rail infrastructure of other OTIF Member States, as well as substantive and procedural provisions on sanctions to ensure compliance with the obligations under COTIF that are essential to achieve OTIF’s aim;—endorsing the ‘Recommendation on the use of electronic signatures in official communications between OTIF and its members’;—adopting the ‘Decision on the symbols, name and abbreviation of the Intergovernmental Organisation for International Carriage by Rail’ and approving the related ‘Explanatory Notes’;—adopting the ‘Decision on copyright and open access’ and approving the related ‘Explanatory Notes’. — endorsing the ‘Guidelines on the application of procedures for the modification of COTIF’, recommending that they are followed in the preparation of modifications to COTIF within the competence of the General Assembly, and instructing the ad hoc Committee to monitor and assess the application of the guidelines and to revise them as necessary; — approving the basic regulatory principles as laid out in the report of the ad hoc Committee and as reflecting the Union position set out in Council Decision (EU) 2023/2582 to guide the ad hoc Committee and the Revision Committee in preparing modifications to modify COTIF and corresponding notes in the Explanatory Report to COTIF, with the aim of introducing an obligation for OTIF Member States to respect [not to undermine] the physical and functional integrity of the rail infrastructure of other OTIF Member States, as well as substantive and procedural provisions on sanctions to ensure compliance with the obligations under COTIF that are essential to achieve OTIF’s aim; — endorsing the ‘Recommendation on the use of electronic signatures in official communications between OTIF and its members’; — adopting the ‘Decision on the symbols, name and abbreviation of the Intergovernmental Organisation for International Carriage by Rail’ and approving the related ‘Explanatory Notes’; — adopting the ‘Decision on copyright and open access’ and approving the related ‘Explanatory Notes’.
— endorsing the ‘Guidelines on the application of procedures for the modification of COTIF’, recommending that they are followed in the preparation of modifications to COTIF within the competence of the General Assembly, and instructing the ad hoc Committee to monitor and assess the application of the guidelines and to revise them as necessary;
— approving the basic regulatory principles as laid out in the report of the ad hoc Committee and as reflecting the Union position set out in Council Decision (EU) 2023/2582 to guide the ad hoc Committee and the Revision Committee in preparing modifications to modify COTIF and corresponding notes in the Explanatory Report to COTIF, with the aim of introducing an obligation for OTIF Member States to respect [not to undermine] the physical and functional integrity of the rail infrastructure of other OTIF Member States, as well as substantive and procedural provisions on sanctions to ensure compliance with the obligations under COTIF that are essential to achieve OTIF’s aim;
— endorsing the ‘Recommendation on the use of electronic signatures in official communications between OTIF and its members’;
— adopting the ‘Decision on the symbols, name and abbreviation of the Intergovernmental Organisation for International Carriage by Rail’ and approving the related ‘Explanatory Notes’;
— adopting the ‘Decision on copyright and open access’ and approving the related ‘Explanatory Notes’.
Comments: The above proposals submitted to the 16th General Assembly for decision, as laid out in the report of the ad hoc Committee and annexed to document SG-24029-AG16/13, have been discussed, amended and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that have been established on those occasions.
— endorsing the ‘Guidelines on the application of procedures for the modification of COTIF’, recommending that they are followed in the preparation of modifications to COTIF within the competence of the General Assembly, and instructing the ad hoc Committee to monitor and assess the application of the guidelines and to revise them as necessary;
— approving the basic regulatory principles as laid out in the report of the ad hoc Committee and as reflecting the Union position set out in Council Decision (EU) 2023/2582 to guide the ad hoc Committee and the Revision Committee in preparing modifications to modify COTIF and corresponding notes in the Explanatory Report to COTIF, with the aim of introducing an obligation for OTIF Member States to respect [not to undermine] the physical and functional integrity of the rail infrastructure of other OTIF Member States, as well as substantive and procedural provisions on sanctions to ensure compliance with the obligations under COTIF that are essential to achieve OTIF’s aim;
— endorsing the ‘Recommendation on the use of electronic signatures in official communications between OTIF and its members’;
— adopting the ‘Decision on the symbols, name and abbreviation of the Intergovernmental Organisation for International Carriage by Rail’ and approving the related ‘Explanatory Notes’;
— adopting the ‘Decision on copyright and open access’ and approving the related ‘Explanatory Notes’.
Document(s): SG-24029-AG 16/14
Exercise of voting rights: Member States
Position: Support the adoption of the proposals for decision annexed to document SG-24029-AG16/14, namely:—amending the ‘Rules of Procedure of the General Assembly’ and adopting the revised version accordingly;—amending the ‘Explanatory Notes on the Rules of Procedure of the General Assembly (Articles 4 to 7, 10 and 22)’ and approving the revised version accordingly. — amending the ‘Rules of Procedure of the General Assembly’ and adopting the revised version accordingly; — amending the ‘Explanatory Notes on the Rules of Procedure of the General Assembly (Articles 4 to 7, 10 and 22)’ and approving the revised version accordingly.
— amending the ‘Rules of Procedure of the General Assembly’ and adopting the revised version accordingly;
— amending the ‘Explanatory Notes on the Rules of Procedure of the General Assembly (Articles 4 to 7, 10 and 22)’ and approving the revised version accordingly.
Comments: The revised versions of the ‘General Assembly’s Rules of Procedure’ and the ‘Explanatory Notes on the Rules of Procedure of the General Assembly (Articles 4 to 7, 10 and 22)’ are adapted in accordance with the ‘Guidelines on the use of gender-neutral language’. The explanatory notes also incorporate the ad hoc Committee’s proposal in the ‘Recommendation on the use of electronic signatures in official communications between OTIF and its members’. The proposals also include some purely editorial corrections. The proposals submitted to the 16th General Assembly for decision have been discussed, amended and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that have been established on those occasions.
— amending the ‘Rules of Procedure of the General Assembly’ and adopting the revised version accordingly;
— amending the ‘Explanatory Notes on the Rules of Procedure of the General Assembly (Articles 4 to 7, 10 and 22)’ and approving the revised version accordingly.
Document(s): SG-24032-AG 16/15
Exercise of voting rights: Member States
Position: Support the adoption of the proposals for decision annexed to document SG-24029-AG16/15, namely:—amending the ‘Regulation on the election and conditions of service of the Secretary-General’ and adopting the revised version accordingly;—amending the ‘Explanatory Notes on the regulation on the election and conditions of service of the Secretary-General’ and approving the revised version accordingly. — amending the ‘Regulation on the election and conditions of service of the Secretary-General’ and adopting the revised version accordingly; — amending the ‘Explanatory Notes on the regulation on the election and conditions of service of the Secretary-General’ and approving the revised version accordingly.
— amending the ‘Regulation on the election and conditions of service of the Secretary-General’ and adopting the revised version accordingly;
— amending the ‘Explanatory Notes on the regulation on the election and conditions of service of the Secretary-General’ and approving the revised version accordingly.
Comments: The revised versions of the ‘Regulation on the election and conditions of service of the Secretary-General’ and the ‘Explanatory Notes on the regulation on the election and conditions of service of the Secretary-General’ are adapted in accordance with the ‘Guidelines on the use of gender-neutral language’. The explanatory notes also incorporate the ad hoc Committee’s proposal in the ‘Recommendation on the use of electronic signatures in official communications between OTIF and its members’. The proposals also include some purely editorial corrections. The proposals submitted to the 16th General Assembly for decision have been discussed, amended and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that have been established on those occasions.
— amending the ‘Regulation on the election and conditions of service of the Secretary-General’ and adopting the revised version accordingly;
— amending the ‘Explanatory Notes on the regulation on the election and conditions of service of the Secretary-General’ and approving the revised version accordingly.
Document(s): None
Exercise of voting rights: Member States
Position: As specified under the relevant agenda items.
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Union has acceded to the Convention concerning International Carriage by Rail of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (the ‘COTIF’), pursuant to Council Decision 2013/103/EU (1) and the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail (OTIF) on the Accession of the European Union to the Convention (the ‘Agreement on Accession to the Convention’).
(2) The General Assembly of OTIF was set up in accordance with Article 13 paragraph 1, letter a) of COTIF (the ‘General Assembly’). Pursuant to Article 14, paragraph 2, of COTIF, the General Assembly, among others, establishes its rules of procedure, elects the Secretary-General, decides, if necessary, on the temporary establishment of other committees for specific tasks, and takes decisions about proposals aiming to modify COTIF.
(3) The Union participates in the General Assembly in accordance with COTIF, the Rules of Procedure of the General Assembly, and the Agreement on Accession to the Convention.
(4) At its 16th session due to take place from 25 to 26 September 2024, the General Assembly is expected to take a number of decisions. It is appropriate to establish the position to be taken on behalf of the Union, as those decisions will either have an impact on the functioning of OTIF and on the development of the strategy of the organisation, or will lead to the adoption of acts which are binding under international law and capable of decisively influencing the content of Union legislation, and thus constitute an ‘act having legal effects’ for the purposes of Article 218(9) TFEU.
(5) In particular, under agenda item 5, the 16th session of the General Assembly is expected to decide upon the application of the People’s Republic of China (hereafter ‘China’) to become an Associate Member of OTIF. Indeed, in line with Article 37, paragraphs 2 to 5 of COTIF, the Commission lodged an objection to that application on behalf of the Union, with the number of votes equal to those of its Members which are also Member States of OTIF. Consequently, as announced by OTIF’s Secretary-General in his proposal of 28 August 2024, China’s application will be submitted to the 16th General Assembly for decision, in accordance with Article 37, paragraph 4 of COTIF. On 19 August 2024, in response to an objection lodged by the Commission on behalf of the Union and its Member States which are members of OTIF, the external relations department of the National Railway Administration of China provided additional explanations and justification for its request for associate membership of OTIF. However, further elements of information would still be necessary in order to formulate the position of the Union. Therefore, at the 16th General Assembly, the position of the Union should be to defer the decision on China’s application for accession as an Associate Member of OTIF to a subsequent session of the General Assembly of OTIF, and to instruct the Secretary-General of OTIF to organise consultations with interested parties on China’s application.
(6) Under agenda item 7, the adoption of the long-term strategy for OTIF is capable of influencing the policy and substantive work of OTIF, and the decision-making within OTIF. The proposed revised long-term strategy as submitted to the General Assembly has been discussed and agreed in the relevant sessions of the ad hoc Committee on Legal Affairs and International Cooperation (hereafter the ‘ad hoc Committee’), in line with the Union positions that were established regarding these matters. Therefore, the position of the Union should be to support the adoption of that revised long-term strategy.
(7) Under agenda item 13, the General Assembly will be asked to endorse the ‘Guidelines on the application of procedures for the modification of COTIF’, to recommend that they be followed in the preparation of modifications to COTIF within the competence of the General Assembly, and to instruct the ad hoc Committee to monitor and assess the application of the guidelines and to revise them as necessary. While those Guidelines are not in themselves binding, they are capable of decisively influencing the procedures for the modification of COTIF. The Guidelines as submitted to the General Assembly have been discussed and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that were established regarding these matters. Therefore, the position of the Union should be to endorse those Guidelines.
(8) Under agenda item 13, the General Assembly will be asked to approve the basic regulatory principles, as laid out in the report of the ad hoc Committee and as reflecting the Union position set out in Council Decision (EU) 2023/2582 (2), to guide the ad hoc Committee and the Revision Committee in preparing modifications to modify COTIF and corresponding notes in the Explanatory Report to COTIF, with the aim of introducing an obligation for OTIF Member States to respect (not to undermine) the physical and functional integrity of the rail infrastructure of other OTIF Member States, as well as substantive and procedural provisions on sanctions to ensure compliance with the obligations under COTIF that are essential to achieve OTIF’s aim. These basic regulatory principles concern the organisation and functioning of the organisation, to which the Union is a Contracting Party, and may lead to the elaboration of proposals to amend COTIF; this topical issue concerns the whole scope of activities of OTIF, including areas for which the Union is exclusively competent as regards the Member States of the Union. The related proposals to modify COTIF will be binding under international law and will be capable of decisively influencing both the content of Union legislation and the interpretation and application of COTIF. The basic regulatory principles as submitted to the General Assembly have been discussed and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that were established regarding these matters. The position of the Union should therefore be to approve these basic regulatory principles.
(9) Under agenda item 13, the General Assembly will be asked to endorse the ‘Recommendation on the use of electronic signatures in official communications between OTIF and its members’. As specified in the Union position pursuant to Decision (EU) 2023/2582, the development of electronic communications requires certain administrative updates to ensure the safe and reliable use of electronic signatures in official communications between OTIF and its members. It is important to support the preparation of a recommendation in that regard, which takes into account the varying levels of experience of OTIF members and is in line with the rules laid down at Union level, in particular Regulation (EU) No 910/2014 of the European Parliament and of the Council (3). While this Recommendation is not in itself binding, it will have implications for the ‘Guidelines on treaty acts under COTIF’ as well as for the explanatory notes of ‘Rules of Procedure of the General Assembly’, for the ‘Regulation on the election and conditions of service of the Secretary-General’ and for the ‘Decision on permanent representatives’, which will all need to be amended accordingly. The Recommendation is thus capable of decisively influencing the procedures for the modification of COTIF. The proposals for decision submitted to the General Assembly have been discussed and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that were established regarding these matters. Therefore, the position of the Union should be to endorse the recommendation.
(10) Under agenda item 13, the General Assembly will be asked to adopt the ‘Decision on the symbols, name and abbreviation of the Intergovernmental Organisation for International Carriage by Rail’ and the ‘Decision on copyright and open access’, and to approve for each decision the related ‘Explanatory Notes’. As specified in the Union position pursuant to Decision (EU) 2023/2582, a policy designed to facilitate the reuse of information and documents owned by OTIF should be designed in line with the rules set out in Directive (EU) 2019/1024 of the European Parliament and of the Council (4) and Commission Decision 2011/833/EU (5). The envisaged acts in this area are therefore capable of decisively influencing the content of Union legislation. The proposals for decision submitted to the General Assembly have been discussed and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that were established regarding these matters. Therefore, the position of the Union should be to adopt those Decisions and to approve the related Explanatory Notes.
(11) Under agenda items 14 and 15, the envisaged decisions of the General Assembly concern the adoption of revised versions, respectively, of its Rules of Procedure and of the Regulation on the election and conditions of service of the Secretary-General, as well as on the approval of the Explanatory Notes related to those acts, all of them adapted in accordance with the new guidelines on the use of gender-neutral language. The respective explanatory notes will also incorporate the proposal of the ad hoc Committee in the ‘Recommendation on the use of electronic signatures in official communications between OTIF and its members’. The General Assembly’s Rules of Procedure and the Regulation on the election and conditions of service of the Secretary-General are legally binding acts under COTIF, with their respective explanatory notes being capable of decisively influencing the interpretation and application of COTIF. The revised versions of the General Assembly’s Rules of Procedure and the Regulation on the election and conditions of service of the Secretary-General, and the related Explanatory Notes, have been discussed and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that were established regarding these matters. The Union should therefore support the adoption of these amendments.
(12) The proposed decisions are in line with the law and the strategic objectives of the Union, and should therefore be supported by the Union.
(13) In accordance with Annex III to Decision 2013/103/EU, the preparation of OTIF meetings extends to on-the-spot coordination. Therefore, minor changes to this Union position may be agreed during on-the-spot coordination without requiring further decision of the Council, in particular in order to be able to react to proposals and developments not taken into account at the time of this Decision,
HAS ADOPTED THIS DECISION:
1. The position to be taken on the Union’s behalf at the 16th session of the General Assembly of the Intergovernmental Organisation for International Carriage by Rail (OTIF) is set out in the Annex.

2. Minor changes to the position set out in the Annex may be agreed by the representatives of the Union at the General Assembly without further decision of the Council.

This Decision shall enter into force on the date of its adoption.

1.   INTRODUCTION

The 16th session of the General Assembly of the Intergovernmental Organisation for International Carriage by Rail (OTIF) will take place on 25 and 26 September 2024. The meeting documents are available on the website of OTIF (with credentials) at the following link: https://extranet.otif.org/en/?page_id=256

2. POSITION OF THE UNION ON CERTAIN AGENDA ITEMS

Agenda item 5 – Status if the Convention and OTIF membership

Document(s):
SG-24055-AG16/5
Exercise of voting rights:
Union
Position:
Regarding China’s application to become an Associate Member of OTIF:
—
The European Commission lodged an objection to China’s application, on behalf of the Union, with the number of votes equal to those of its Members which are also Member States of OTIF.
—
On 19 August 2024, in response to an objection lodged by the European Commission on behalf of the Union and its Member States which are members of OTIF, the external relations department of the National Railway Administration of China provided additional explanations and justification for its request for associate membership of OTIF. However, the Union would need further elements of information in order to formulate its position. The Union’s position at the 16th General Assembly is therefore to defer a vote on China’s application to become an Associate Member of OTIF to a subsequent session of the General Assembly of OTIF, and to instruct the Secretary-General of OTIF to organise consultations with interested parties on China’s application.
Comments:
In line with Article 37 paragraphs 2 to 5 of COTIF, by the deadline of 26 July 2024, the European Commission lodged an objection to China’s application to become an Associate Member of OTIF, on behalf of the Union, with the number of votes equal to those of its Members which are also Member States of OTIF. On 28 August 2024, OTIF’s Secretary-General submitted to the General Assembly a proposal regarding China’s application for accession as an Associate Member for decision, according to Article 37 paragraph 4 of COTIF.

Agenda item 7 – OTIF long-term strategy

Document(s):
SG-24024-AG 16/7
Exercise of voting rights:
Union
Position:
Reiterate support for the Secretary-General’s initiative to develop a long-term strategy for OTIF, and support the adoption of the long-term strategy as submitted by the Secretary-General in document SG-24024-AG 16/7. Comments:
The revised long-term strategy for OTIF submitted to the 16th General Assembly adequately addresses the comments made by the European Union at the 6th session of the OTIF ad hoc Committee on Legal Affairs and International Cooperation (Vienna, 16-18 April 2024).

Agenda item 13 – Report of the ad hoc Committee on Legal Affairs and International Cooperation

Document(s):
SG-24028-AG 16/13 – Restricted distribution
Exercise of voting rights:
Member States
Position:
Support the adoption of the following proposals for decision annexed to document SG-24029-AG16/13:
—
endorsing the ‘Guidelines on the application of procedures for the modification of COTIF’, recommending that they are followed in the preparation of modifications to COTIF within the competence of the General Assembly, and instructing the ad hoc Committee to monitor and assess the application of the guidelines and to revise them as necessary;
—
approving the basic regulatory principles as laid out in the report of the ad hoc Committee and as reflecting the Union position set out in Council Decision (EU) 2023/2582 to guide the ad hoc Committee and the Revision Committee in preparing modifications to modify COTIF and corresponding notes in the Explanatory Report to COTIF, with the aim of introducing an obligation for OTIF Member States to respect [not to undermine] the physical and functional integrity of the rail infrastructure of other OTIF Member States, as well as substantive and procedural provisions on sanctions to ensure compliance with the obligations under COTIF that are essential to achieve OTIF’s aim;
—
endorsing the ‘Recommendation on the use of electronic signatures in official communications between OTIF and its members’;
—
adopting the ‘Decision on the symbols, name and abbreviation of the Intergovernmental Organisation for International Carriage by Rail’ and approving the related ‘Explanatory Notes’;
—
adopting the ‘Decision on copyright and open access’ and approving the related ‘Explanatory Notes’.
Comments:
The above proposals submitted to the 16th General Assembly for decision, as laid out in the report of the ad hoc Committee and annexed to document SG-24029-AG16/13, have been discussed, amended and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that have been established on those occasions.

Agenda item 14 – Modification of the General Assembly’s Rules of Procedure and accompanying notes

Document(s):
SG-24029-AG 16/14
Exercise of voting rights:
Member States
Position:
Support the adoption of the proposals for decision annexed to document SG-24029-AG16/14, namely:
—
amending the ‘Rules of Procedure of the General Assembly’ and adopting the revised version accordingly;
—
amending the ‘Explanatory Notes on the Rules of Procedure of the General Assembly (Articles 4 to 7, 10 and 22)’ and approving the revised version accordingly.
Comments:
The revised versions of the ‘General Assembly’s Rules of Procedure’ and the ‘Explanatory Notes on the Rules of Procedure of the General Assembly (Articles 4 to 7, 10 and 22)’ are adapted in accordance with the ‘Guidelines on the use of gender-neutral language’. The explanatory notes also incorporate the ad hoc Committee’s proposal in the ‘Recommendation on the use of electronic signatures in official communications between OTIF and its members’. The proposals also include some purely editorial corrections. The proposals submitted to the 16th General Assembly for decision have been discussed, amended and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that have been established on those occasions.

Agenda item 15 – Revision of rules on the election and conditions of service of the Secretary-General

Document(s):
SG-24032-AG 16/15
Exercise of voting rights:
Member States
Position:
Support the adoption of the proposals for decision annexed to document SG-24029-AG16/15, namely:
—
amending the ‘Regulation on the election and conditions of service of the Secretary-General’ and adopting the revised version accordingly;
—
amending the ‘Explanatory Notes on the regulation on the election and conditions of service of the Secretary-General’ and approving the revised version accordingly.
Comments:
The revised versions of the ‘Regulation on the election and conditions of service of the Secretary-General’ and the ‘Explanatory Notes on the regulation on the election and conditions of service of the Secretary-General’ are adapted in accordance with the ‘Guidelines on the use of gender-neutral language’. The explanatory notes also incorporate the ad hoc Committee’s proposal in the ‘Recommendation on the use of electronic signatures in official communications between OTIF and its members’. The proposals also include some purely editorial corrections. The proposals submitted to the 16th General Assembly for decision have been discussed, amended and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that have been established on those occasions.

Agenda item 20 – Adoption of decisions, mandates, recommendations and other General Assembly documents (final document)

Document(s):
None
Exercise of voting rights:
Member States
Position:
As specified under the relevant agenda items.