Council Decision (EU) 2023/2921of 21 December 2023establishing 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 the transitional product-specific rules for electric accumulators and electrified vehicles

Article 68 of the Trade and Cooperation Agreement is replaced by the following:

Article 68

Amendment to this Chapter and its Annexes

1. The Partnership Council may amend this Chapter and its Annexes, subject to paragraph 2.

1. Paragraph 1 shall not apply to:

(a) Annex 5 to this Agreement;

(b) the product-specific rules of origin set out in Annex 3 for products listed in Annex 5, until 1 January 2032; and

(c) this Article, insofar as it relates to Annex 3 for products listed in Annex 5, and Annex 5, until 1 January 2032;

However, paragraph 1 shall apply where the product-specific rules of origin set out in Annex 3 for products listed in Annex 5, or in Annex 5 are amended due to updates of the Harmonised System..

Article 2

Annex 5 to the Trade and Cooperation Agreement is replaced by the text in Annex to this Decision.

Article 3

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

Done at …,

For the Partnership Council

The Co-chairs

Annex

ANNEX

.

Annex

ANNEX 5

TRANSITIONAL PRODUCT-SPECIFIC RULES FOR ELECTRIC ACCUMULATORS AND ELECTRIFIED VEHICLES

Interim product-specific rules applicable from the entry into force of this Agreement until 31 December 2026

For the products listed in column 1 below, the product-specific rule listed in column 2 shall apply for the period from the entry into force of this Agreement until 31 December 2026.

Column 1

Harmonised System classification (2017) including specific description

Column 2

Product-specific rule of origin applicable from the entry into force of this Agreement until 31 December 2026

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

CTSH;

Assembly of battery packs from non-originating battery cells or battery modules;

or

MaxNOM 70 % (EXW)

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;

or

MaxNOM 70 % (EXW)

87.02-87.04

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 (hybrid);

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 60 % (EXW)