Commission Implementing Regulation (EU) No 1093/2011 of 28 October 2011 on the application of derogations from the rules of origin laid down in the Protocol on the definition of originating products attached to the Free Trade Agreement between the European Union and its Member States and Korea

1 The rules of origin set out in Annex II(a) to the Protocol concerning the definition of ‘originating products’ and methods of administrative cooperation attached to the Free Trade Agreement between the European Union and its Member States and the Republic of Korea (‘the Protocol’) shall apply for the products set out in the Annex to this Regulation.

2 The rules of origin referred to in paragraph 1 shall apply by derogation from the rules of origin set out in Annex II to the Protocol, subject to the quotas set out in the Annex.

The rules of origin provided for in this Regulation shall apply under the following conditions: (a) a declaration signed by the approved exporter certifying that the products concerned satisfy the conditions of the derogation shall be provided upon the release of the products for free circulation within the Union; (b) the declaration referred to in point (a) shall contain the following statement in English: ‘Derogation — Annex II(a) of the Protocol concerning the definition of originating products and methods of administrative cooperation’.

1 Where a proof of origin is provided for surimi preparations of CN code 16042005, it shall be accompanied by documentary evidence that the surimi preparation contains at least 40 per cent fish by weight and that the Alaska Pollack (Theragra chalcogramma) species has been used as the primary ingredient of the surimi base.

2 Where necessary, the meaning of ‘primary ingredient’ as referred to in paragraph 1 shall be interpreted by the Customs Committee in accordance with Article 28 of the Protocol.

1 The documentary evidence referred to in Article 3 shall consist of at least a signed statement in English by the approved exporter that: (a) the surimi preparation contains at least 40 per cent fish by weight; (b) the Alaska Pollack (Theragra chalcogramma) species has been used as the primary ingredient of the surimi base.

2 The statement referred to in paragraph 1 shall also include the following: (a) the amount used of the Alaska Pollack (Theragra chalcogramma) species as a percentage of the fish used for producing the surimi; (b) the country of origin of the Alaska Pollack.

Where a proof of origin is provided for dyed woven fabrics of CN codes 540822 and 540832, it shall be accompanied by documentary evidence that the undyed fabric used does not exceed 50 per cent of the ex-works price of the product.

The documentary evidence referred to in Article 5 shall consist of at least a signed statement in English by the approved exporter that the undyed fabric used does not exceed 50 per cent of the ex-works price of the product. The statement shall also include the following: (a) the price in euro of the non-originating undyed fabrics used to make the dyed woven fabrics (CN codes 540822 and 540832); (b) the ex-works price in euro of the dyed woven fabrics (CN codes 540822 and 540832).

The quotas listed in the Annex to this Regulation shall be managed by the Commission in accordance with the provisions of Articles 308a to 308c of Regulation (EEC) No 2454/93.

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union. It shall apply from 1 July 2011.