Considerations on COM(2022)215 - EU position in the Trade Specialised Committee on customs cooperation and rules of origin regarding the consultation in the Trade and Cooperation Agreement with the UK

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table>(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 (1) (the ‘Agreement’), was concluded by Council Decision (EU) 2021/689 (2) and entered into force on 1 May 2021.
(2)The Agreement includes a consultation procedure in case of denial of preferential tariff treatment in Article 63(3). Pursuant to Article 121(2), point (d), of the Agreement, the Trade Specialised Committee on Customs Cooperation and Rules of Origin (the ‘Committee’) established by Article 8(1), point (c), of the Agreement may adopt decisions or recommendations on the procedures for the consultation established in Article 63(3) of the Agreement. Pursuant to Article 10 of the Agreement, decisions adopted by the Committee are binding on the Parties to the Agreement.

(3)It is appropriate to establish the position to be taken on the Union’s behalf within the Committee, as the Decision of the Committee on the rules of consultations established in Article 63(3) of the Agreement will have legal effects.

(4)Establishing rules for the consultation procedure provided for in Article 63(3) of the Agreement should bring clarity and ensure transparency in case the importing Party decides to deny the preferential tariff treatment to a product of the exporting Party against the positive opinion of the exporting Party confirming its originating status.

(5)The position of the Union within the Committee should therefore be based on the attached draft Decision,