29.10.2011 Official Journal of the European Union L 283/27 REGULATIONS 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 THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Decision 2011/265/EU of 16 September 2010 on the signing and provisional application of the Free Trade Agreement between the European Union and its. Member States, of the one part, and the Republic of Korea (1), of the other part, and in particular Article 7 thereof, Whereas: (1) By Decision 2011/265[EU, the Council authorised the signature of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (?) (the Agreement) on behalf of the European Union. Decision 2011/265/EU confirmed the provisional appli- cation of the Agreement, subject to its conclusion at a later stage, as provided for in Article 15.10.5 of the Agreement. The date from which the Agreement applies on a provisional basis was set at 1 July 2011. (2)  For a number of specific products, Annex II(a) to the Protocol attached to the Agreement concerning the defi- nition of ‘originating products” and methods of adminis- trative cooperation (*) (‘the Protocol’) provides for dero- gations from the rules of origin set out in Annex II to the Protocol. However, the derogations are limited by annual quotas. It is therefore necessary to lay down the conditions for the application of those derogations. (3)  In accordance with Annex Il(a) to the Protocol, the proof of origin for surimi preparations (CN code 1604 20 05) should be accompanied by documentary evidence that the surimi preparation contains at least 40 per cent fish by weight and that the Alaska Pollack (Theragra chal- cogramma) species has been used as the primary ingredient of the surimi base. (4)  In accordance with Annex Il(a) to the Protocol, the proof of origin for dyed woven fabrics of CN codes 5408 22 0] L 127, 14.5.2011, p. 1. () O] L 127, 14.5.2011, p. 6. 0] L 127, 14.5.2011, p. 1344. and 5408 32 should be accompanied by documentary evidence that the undyed fabric used does not exceed 50 per cent of the ex-works price of the product. (5)  Since the quotas set out in Annex II(a) to the Protocol are to be managed by the Commission on a first-come, first-served basis, they should be managed in accordance with Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (*). (6)  Since the Agreement takes effect on 1 July 2011, this Regulation should apply from the same date. (7)  The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, HAS ADOPTED THIS REGULATION: Article 1 1. The rules of origin set out in Annex Il(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. Article 2 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 dero- gation shall be provided upon the release of the products for free circulation within the Union; (*) OJ L 253, 11.10.1993, p. 1.