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1. The origin of a good shall be determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council ().

2. The origin of a service, including a service supplied in the area of public procurement, shall be determined on the basis of the nationality of the natural or legal person providing it. The nationality of the service provider shall be deemed to be:

(a) in the case of a natural person, the country of which the person is a national or where the person has a right of permanent residence;

(b) in the case of a legal person, any of the following:

(i) if the service is provided other than through a commercial presence within the Union, the country where the legal person is constituted or otherwise organised under the laws of that country and in the territory of which the legal person is engaged in substantive business operations;

(ii) if the service is provided through a commercial presence within the Union:

(a) if the legal person is engaged in substantive business operations in the territory of the Member State where the legal person is established, such that it has a direct and effective link with the economy of that Member State, the Member State in which it is established or, if Union response measures apply to that person, the nationality or the place of permanent residence of the natural or legal person or persons who own or control the legal person in the Union;

(b) if the legal person providing the service is not engaged in substantive business operations such that it has a direct and effective link with the economy of the Member State in which it is established, the origin of the natural or legal persons which own or control it.

The legal person shall be considered to be ‘owned’ by persons of a given country if more than 50 % of the equity interest in it is beneficially owned by persons of that country and ‘controlled’ by persons of a given country if such persons have the power to name a majority of its directors or otherwise to legally direct its actions.

3. The nationality of an investment shall be:

(a) if the investment is engaged in substantive business operations in the territory of the Member State where the investment is established such that it has a direct and effective link with the economy of that Member State, the nationality of the Member State in which it is established or, if Union response measures apply to the natural or legal person that owns or controls the investment in the Union, the nationality or permanent residence of that natural or legal person;

(b) if the investment is not engaged in substantive business operations such that it has a direct and effective link with the economy of the Member State in which it is established, the nationality of the natural or legal person that owns or controls it.

The investment shall be considered to be ‘owned’ by persons of a given country if more than 50 % of the equity interest in it is beneficially owned by persons of that country and ‘controlled’ by persons of a given country if such persons have the power to name a majority of its directors or otherwise to legally direct its actions.

4. Regarding trade-related aspects of intellectual property rights, the term ‘nationals’ shall be understood in the same sense as it is used in paragraph 3 of Article 1 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and future amendments thereof. Two statements have been made with regard to this Regulation and can be found in OJ C, C/2023/1340, 7.12.2023, ELI: http://data.europa.eu/eli/C/2023/1340/oj and in OJ C, C/2023/1341, 7.12.2023, ELI: http://data.europa.eu/eli/C/2023/1341/oj.