EUROPEAN COMMISSION

Brussels, 22.7.2019

COM(2019) 341 final

2019/0156(NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the EPA Committee established under the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part, as regards the adoption of Protocol 1 concerning the definition of the concept of 'originating products' and methods of administrative cooperation

EXPLANATORY MEMORANDUM

1.Subject matter of the proposal

This proposal concerns the decision establishing the position to be taken on behalf of the European Union in the EPA Committee established by the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part, as regard the envisaged adoption of Protocol 1 to the Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation.

2.Context of the proposal

2.1.The Stepping Stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part.

The Stepping Stone Economic Partnership Agreement (EPA) between Ghana, of the one part, and the European Community and its Member States, of the other part (‘the Agreement’) was signed by the European Union (the ‘EU’) on 28 July 2016 1 and it has been provisionally applied since 15 December 2016.

The Agreement aims to (a) enable the Ghanaian Party to benefit from the enhanced market access offered by the EU; (b) promote sustainable economic development in Ghana and enhance its progressive integration into the world economy; (c) establish a free trade area between the European Union and Ghana based on common interest, through the progressive liberalisation of trade in a manner compliant with applicable World Trade Organisation rules and the principle of asymmetry, taking account of the specific needs and capacity constraints of Ghana, in terms of levels and timing for commitments; (d) set up the appropriate dispute settlement arrangements; and (e) set up the appropriate institutional arrangements.

2.2.The EPA Committee

The EPA Committee is a body set up in accordance with Article 73 of the Agreement. It is composed of representatives of the EU and of Ghana (the Parties) and co-chaired by a representative of each of the Parties. The EPA Committee adopts its rules of procedure.

The EPA Committee deals with all matters necessary for the implementation of the Agreement, including development cooperation. In the performance of its functions, the EPA Committee may (a) set up and oversee any special committees or bodies necessary for the implementation of the Agreement; (b) meet at any time agreed by the Parties; (c) consider any issues under the Agreement and take appropriate action in the exercise of its functions; (d) take decisions or make recommendations in cases provided for in the Agreement; and (e) adopt amendments to this Agreement.

The EPA Committee may review the Agreement, its implementation, operation and performance where necessary and make appropriate suggestions to the Parties for its amendment.

2.3.The envisaged act of the Committee

At the next meeting to be held in 2019, the EPA Committee is to adopt a Decision regarding the adoption of Protocol 1 to the Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, as agreed by the Parties, at technical level, in March 2019 (‘the envisaged act’).

The purpose of the envisaged act is to establish a common and reciprocal regime governing the rules of origin.

The Agreement entered into force without a common and reciprocal regime governing the rules of origin. Article 14 of the Agreement requires the Parties to establish such regime "based on the rules of origin as defined by the Cotonou Agreement and providing for the improvement while taking into account the development objectives of Ghana". This new regime shall be incorporated into the Agreement itself by decision of the EPA Committee. In the absence of such regime, the provisions concerning rules of origin contained in Annex II to Regulation (EU) 2016/1076 2 (“the Market Access Regulation”) are applicable to the exports from Ghana to the European Union.

3.Position to be taken on the Union's behalf

On March 2019, the Parties have agreed, at technical level, the text of a Protocol 1 to the Agreement concerning the definition of the concept of ‘originating products’ and methods for administrative cooperation. The agreed Protocol 1 builds on the concluded, although not yet in force, Protocol 1 to the Economic Partnership Agreement between the West African States, the Economic Community of West African States (ECOWAS) and the West African Economic and Monetary Union (UEMOA), of the one part, and the European Union and its Member States, of the other part 3 , which is based on the Cotonou Agreement. The agreed Protocol 1 incorporates a number of modifications to reflect the latest developments on rules of origin, including those included in the most recently concluded protocols on rules of origin under EPAs with the African, Caribbean and Pacific Group of States (ACP).

The main substantial modifications introduced are:

·Replacement of Article 15 “Direct transport” by a "Non-alteration", in order to allow for more flexibility for economic operators regarding the evidences that shall be supplied to customs authorities of the importing country when trans-shipment or customs warehousing of originating goods takes place in a third country;

·Introduction of more flexibility for economic operators to comply with proofs of origin by allowing registered exporters to issue origin declarations on commercial documents (“self-declaration”) (Articles 17 and “new” 21). Ghana will benefit from a 3-years transition period to implement self-certification.

·Deletion of outdated provisions:

·Article 3(2)(d) and 3(3) concerning crew requirements for the definition of “their vessels” and “their factory ships”;

·Articles 7(4), 21, 40, 41(5) and Annex IX to Protocol;

·Allowing regional cumulation of origin with other West Africa countries which benefit from duty-free and quota-free access to the EU;

·Derogation for canned-tuna and tuna loins granted for 1 year (Art 41.9);

·Updates to Annex II: introduction of HS heading 293980 alkaloids of non-vegetal origin; more flexible rules for HS 2402 tobacco cigar and ex 2403 smoking tobacco; update description of HS ex 3002.

The proposed Protocol 1 on rules of origin provides for further simplification and flexibility of certain rules of origin and it also favours sustainable economic development of the Ghanaian Party and regional integration due to favourable rules on cumulation. 

The envisage act would allow the replacement of the current rules of origin applicable to exports from Ghana to the European Union, as defined in the Market Access Regulation, by a more favourable and reciprocal regime.

The proposed decision fulfils the EU's obligations under the provisions of the Agreement.

4.Legal basis

4.1.Procedural legal basis

4.1.1.Principles

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 4 .

4.1.2.Application to the present case

The act which the Committee is called upon to adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Articles 14 of the Agreement.

The envisaged act does not supplement or amend the institutional framework of the Agreement.

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.

4.2.Substantive legal basis

4.2.1.Principles

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

4.2.2.Application to the present case

The main objective and content of the envisaged act relate to the common commercial policy.

Therefore, the substantive legal basis of the proposed decision is Article 207 TFEU.

4.3.Conclusion

The legal basis of the proposed decision should be Article 207 TFEU, in conjunction with Article 218(9) TFEU.

5.Publication of the envisaged act

As the act of the EPA Committee will adopt a Protocol 1 concerning the definition of the concept of ‘originating products’ and methods for administrative cooperation to the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part, it is appropriate to publish it in the Official Journal of the European Union after its adoption.

2019/0156 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the EPA Committee established under the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part, as regards the adoption of Protocol 1 concerning the definition of the concept of 'originating products' and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(3) and (4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Stepping Stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part ('the Agreement') was signed on behalf of the Union on 28 July 2016 pursuant to Council Decision 2016/1850 5 and has been applied on a provisional basis since 15 December 2016.

(2)Pursuant to Article 14 of the Agreement, the Parties will establish a common and reciprocal regime governing rules of origin. This new regime will become an integral part of the Agreement by decision of the EPA Committee.

(3)The EPA Committee, at its annual meeting in 2019, is to adopt a decision as regards Protocol 1 to the Agreement concerning the definition of the concept of ‘originating products’ and the methods of administrative cooperation.

(4)It is appropriate to establish the position to be taken on behalf of the Union at the next meeting of the EPA Committee, as that decision will be binding on the Union.

(5)The agreed Protocol takes into account the most recent developments to provide more flexible and simpler rules of origin aiming at facilitating trade for economic operators and optimising the utilisation rate of the preferential treatment provided for in the Agreement,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on behalf of the European Union in the 2019 annual meeting of the EPA Committee set up by the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part, as regards the adoption of a decision of the EPA Committee on Protocol 1 concerning the definition of the concept of 'originating products' and methods of administrative cooperation, shall be based on the draft decision of the EPA Committee attached to this Decision.

Article 2

This Decision is addressed to the Commission.

Done at Brussels,

(1)    Council Decision (EU) 2016/1850 of 21 November 2008 on the signature and provisional application of the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Members States, of the other part (OJ L 287, 21.10.2016, p. 1).

(2)    Regulation (EU) 2016/1076 of the European Parliament and of the Council of 8 June 2016 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, economic partnership agreements (OJ L 185, 8.7.2016, p.1-191).

(3)    ST 13370 2014 ADD 1, of 3 December 2014

(4)    Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, paragraphs 61 to 64.

(5)    Council Decision (EU) 2016/1850 of 21 November 2008 on the signature and provisional application of the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part (OJ L 287, 21.10.2016, p. 1).

EUROPEAN COMMISSION

Brussels, 22.7.2019

COM(2019) 341 final

ANNEX

to the

Proposal for a Council Decision

on the position to be taken on behalf of the European Union in the EPA Committee established under the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part, as regards the adoption of Protocol 1 concerning the definition of the concept of 'originating products' and methods of administrative cooperation

ANNEX

DRAFT DECISION No […] / 2019

OF THE EPA COMMITTEE

established by the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other,

of …2019

on the adoption of Protocol 1 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE EPA COMMITTEE,

Having regard to the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part (‘the Agreement’), signed on 28 July 2016, and provisionally applied since 15 December 2016, and in particular Articles 14 and 82 thereto;

Whereas:

(1)The Agreement applies, on the one hand, to the territories in which the Treaty on the Functioning of the European Union applies and under the conditions laid down in that Treaty and, on the other hand, to the territory of Ghana.

(2)In accordance with Article 14 of the Agreement, the Parties will establish a common and reciprocal regime governing rules of origin, which will be based on the rules of origin as defined by the Cotonou Agreement and providing for the improvement while taking into account the development objectives of Ghana. This regime will be annexed to this Agreement by the EPA Committee.

(3)The Parties have agreed on Protocol 1 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation.

(4)In accordance with Article 82 of the Agreement, the Protocol to this Agreement is an integral part thereof.

HAS ADOPTED THIS DECISION:

Article 1

The text of Protocol 1 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, in the Annex to this Decision is adopted.

Article 2

This Decision shall enter force on the date of its signature.

Done at …,

For Ghana                            For the European Union

ANNEX

STEPPING STONE ECONOMIC PARTNERSHIP AGREEMENT UE – GHANA

Protocol No. 1 concerning the definition of the concept of ‘originating products’ and the methods of administrative cooperation

INDEX

TITLE I

GENERAL PROVISIONS

ARTICLE 1

Definitions

For the purpose of this Protocol,

(a)    “manufacture” means any kind of working or processing including assembly or specific operations;

(b)    “material” means any ingredient, raw material, component or part, etc., used in the manufacture of the product;

(c)    “product” means the product being manufactured, even if it is intended for later use in another manufacturing operation;

(d)    “goods” means both materials and products;

(e)    “customs value” means the value as determined in accordance with the Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade (GATT) of 1994 (WTO Agreement on customs valuation);

(f)    “exworks price” means the price paid for the product ex works to the manufacturer in the European Union or Ghana in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes paid which are, or may be, repaid when the product obtained is exported;

(g)    “value of materials” means the customs value at the time of importation of the nonoriginating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the European Union or Ghana;

(h)    “value of originating materials” means the value of such materials as defined in (g) applied mutatis mutandis;

(i)    “added value” means the exworks price minus the customs value of third country materials imported into the European Union, the ACP States which have at least provisionally applied an economic partnership agreement (EPA), or the Overseas Countries and Territories; if the customs value is not known or cannot be ascertained, the first ascertainable price paid for the materials in the European Union or Ghana is taken into account;

(j)    “chapters” and “headings” mean the chapters and the headings (fourdigit codes) used in the nomenclature which makes up the Harmonized Commodity Description and Coding System, (hereinafter referred to as “the Harmonized System” or “HS”);

(k)    “classified” refers to the classification of a product or material under a particular heading;

(l)    “consignment” means products which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice;

(m)    “territories” means territories, including territorial waters;

(n)    “OCTs” means the Overseas Countries and Territories as defined in Annex VIII to this Protocol;

(o)    “Committee”, the Special Committee on Customs and Trade Facilitation as referred to in Article 34 of this Agreement.

TITLE II

DEFINITION OF THE CONCEPT OF “ORIGINATING PRODUCTS”

ARTICLE 2

General conditions

1.    For the purposes of this Agreement the following products shall be considered as originating in the European Union:

(a)    products wholly obtained in the European Union within the meaning of Article 3 of this Protocol;

(b)    products obtained in the European Union incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the European Union within the meaning of Article 4 of this Protocol.

2.    For the purposes of this Agreement the following products shall be considered as originating in Ghana:

(a)    products wholly obtained in Ghana within the meaning of Article 3 of this Protocol;

(b)    products obtained in Ghana incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in Ghana within the meaning of Article 4 of this Protocol.

ARTICLE 3

Wholly obtained products

1.    The following shall be considered as wholly obtained in Ghana or the European Union:

(a)    live animals born and raised there;

(b)    mineral products extracted from their soil or from their seabed or ocean floor;

(c)    vegetable products harvested there;

(d)    products from live animals raised there;

(e)    (i)    products obtained by hunting or fishing conducted there;

(ii)    products of aquaculture, including mariculture, where the animals are raised there from eggs, spawning, larvae or fry;

(f)    products of sea fishing and other products taken from the sea outside the territorial waters of the European Union or of Ghana by their vessels;

(g)    products made aboard their factory ships exclusively from products referred to in point (f);

(h)    used articles fit only for the recovery of raw materials;

(i)    waste and scrap resulting from manufacturing operations conducted there;

(j)    products extracted from marine soil or subsoil outside their territorial waters provided that they have sole rights to work that soil or subsoil;

(k)    goods produced exclusively from the products specified in points (a) to (j).

2.    The terms “their vessels” and “their factory ships” in points (f) and (g) of paragraph 1 of this Article shall apply only to vessels and factory ships:

(a)    which are registered or recorded in a Member State of the European Union or Ghana; and

(b)    which fly the flag of a Member State of the European Union or Ghana; and

(c)    which meet one of the following conditions:

(i)    they are at least 50 % owned by nationals of the Member States of the European Union and/ or of Ghana; or

(ii)    they are owned by companies:

   which have their head office and their main place of business in a Member State of the European Union or Ghana, and

   which are at least 50 % owned by one or more Member States of the European Union and/ or Ghana or by public entities or nationals of one or more of these States; and

4.    Notwithstanding the provisions of paragraph 2 of this Article, upon request of Ghana, vessels chartered or leased by Ghana shall be treated as “their vessels” to undertake fisheries activities in its exclusive economic zone provided that an offer has been made beforehand to the economic operators of the European Union and that the implementing arrangements established beforehand by the Committee are adhered to. The Committee shall ensure that the conditions laid down in this paragraph are respected.

5.    The conditions referred to in paragraph 2 of this Article may be met in Ghana and the States that come under various economic partnership agreements with which cumulation is applicable. In these cases, the products shall be considered to originate from the Flag State.

ARTICLE 4

Sufficiently worked or processed products

1.    For the purposes of Article 2 of this Protocol, products which are not wholly obtained are considered to be sufficiently worked or processed when the conditions set out in the list in Annex II to this Protocol are fulfilled.

2.    For the purposes of Article 2 of this Protocol and notwithstanding paragraph 1 of this Article, the products which are listed in Annex II-A to this Protocol can be considered to be sufficiently worked or processed when the conditions set out in that Annex are fulfilled. Without prejudice to the provisions of Article 42(2) of this Protocol, Annex II-A to this Protocol shall apply only to exports from Ghana and for a period of five (5) years from the date when the Protocol enters into force.

3.    The conditions referred to in paragraphs 1 and 2 of this Article indicate, for all products covered by this Agreement, the working or processing which must be carried out on nonoriginating materials used in manufacturing and apply only in relation to such materials. It follows that if a product which has acquired originating status by fulfilling the conditions set out in one of the lists is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the nonoriginating materials which may have been used in its manufacture.

4.    Notwithstanding paragraphs 1 and 2 of this Article, nonoriginating materials which, in accordance with the conditions set out in Annex II and Annex II-A to this Protocol should not be used in the manufacture of a given product may nevertheless be used, provided that:

(a)    their total value does not exceed 15 per cent of the exworks price of the product;

(b)    none of the percentages given in the list for the maximum value of nonoriginating materials are exceeded through the application of this paragraph.

5.    The provisions of paragraph 4 of this Article shall not apply to products of Chapters 50 to 63 of the Harmonized System.

6.    Paragraphs 1 to 5 of this Article shall apply subject to the provisions of Article 5 of this Protocol.

ARTICLE 5

Insufficient working or processing operations

1.    The following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 4 of this Protocol are satisfied:

(a)    preserving operations to ensure that the products remain in good condition during transport and storage;

(b)    simple operations consisting of the removal of dust, sifting or screening, sorting, classifying, matching (including the makingup of sets of articles), washing, cleaning, painting, polishing, cutting up;

(c)    removal of oxide, oil, paint or other coverings;

(d)    (i)    changes of packaging and breaking up and assembly of packages;

(ii)    Simple placing in bottles, flasks, cans, bags, cases, boxes, fixing on cards or boards, etc., and all other simple packaging operations;

(e)    affixing marks, labels, logos and other like distinguishing signs on products or their packaging;

(f)    simple mixing of products, whether or not of different kinds; mixing of sugar with any material;

(g)    simple assembly of parts to constitute a complete product;

(h)    simple disassembly of products into parts;

(i)    ironing or pressing of textiles;

(j)    husking, partial or total bleaching, polishing, and glazing of cereals and rice;

(k)    operations to colour or flavour sugar or form sugar lumps; partial or total milling of crystal sugar;

(l)    peeling, stoning and shelling, of fruits, nuts and vegetables;

(m)    sharpening, simple grinding or simple cutting;

(n)    a combination of two or more operations specified in subparagraphs (a) to (m);

(o)    slaughter of animals.

2.    All operations carried out either in the European Union or in Ghana on a given product shall be considered together when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1 of this Article.

ARTICLE 6

Working or processing of materials whose import into the European Union is free of duty

1.    Without prejudice to the provisions of Article 2 of this Protocol, nonoriginating materials which at importation to the European Union are free of customs duties by means of application of conventional rates of the mostfavoured nation (MFN) tariff in accordance with its Common Customs Tariff 1 shall be considered as materials originating in Ghana when incorporated into a product obtained there, provided that they have undergone working or processing there which goes beyond the operations referred to in Article 5(1) of this Protocol.

2.    Movement certificates EUR.1 (in Box 7) or origin declarations issued by application of paragraph 1 of this Article shall bear the following entry:

   “Application of Article 6(1) of Protocol 1 to the GhanaEU EPA”;

3.    The EU shall notify yearly to the Committee the list of materials to which the provisions of this Article shall apply. Upon notification, the list shall be published by the European Commission in the Official Journal of the European Union (C series) and by Ghana in accordance with its own procedures.

4.    The cumulation provided for in this Article shall not apply to materials which at importation to the European Union are subject to antidumping or countervailing duties when originating from a country which is subject to these antidumping or countervailing duties.

ARTICLE 7

Cumulation of origin

1.    Without prejudice to the provisions of Article 2 of this Protocol, materials originating in one of the Parties, in another Western African country 2 enjoying a duty-free and quota-free access to the EU market, in the other ACP States which have at least provisionally applied an EPA or in the OCTs shall be considered as originating in the other Party when incorporated into a product obtained there, when the working or processing carried out in that Party goes beyond the operations referred to in Article 5(1) of this Protocol.

Where the working or processing carried out in the Party concerned does not go beyond the operations referred to in Article 5(1) of this Protocol, the product obtained shall be considered as originating in that Party only where the value added there is greater than the value of the materials used originating in any of the other countries or territories. If this is not so, the product obtained shall be considered as originating in the country or territory which accounts for the highest value of originating materials used in the manufacture of the final product.

The origin of materials originating in other ACP States which have at least provisionally applied an EPA and the OCTs shall be determined in accordance with the rules of origin applicable under the European Union’s preferential arrangements with those countries, and in accordance with Article 27 of this Protocol.

2.    Without prejudice to the provisions of Article 2 of this Protocol, working and processing carried out in one of the Parties, in other ACP States which have at least provisionally applied an EPA or in the OCTs shall be considered as having been carried out in the other Party, when the materials undergo subsequent working or processing going beyond that referred to in Article 5(1) of this Protocol.

Where the working or processing carried out in one of the Parties does not go beyond the operations referred to in Article 5(1) of this Protocol, the product obtained shall be considered as originating in that Party only where the value added there is greater than the value of the materials used in any one of these countries or territories. If this is not so, the product obtained shall be considered as originating in the country or territory which accounts for the highest value of materials used in the manufacture of the final product.

The origin of the final product shall be determined according to the rules of origin of this Protocol and in accordance with Article 27 hereof.

3.    The cumulation provided for in paragraphs 1 and 2 of this Article may be applied with respect to other ACP States which have at least provisionally applied an EPA, to another Western African country, enjoying a duty-free quota-free access to the EU and to the OCTs only if:

(a)    all the countries or territories involved in the acquisition of the originating status and the Party of destination have entered into an arrangement or agreement on administrative cooperation which ensures correct implementation of this Article and includes a reference to the use of appropriate proofs of origin;

(b)    Ghana and the European Union supply each other, through the European Commission and the ECOWAS Commission, with the details of the administrative cooperation agreements with the other countries or territories referred to in this Article. The European Commission shall publish in the Official Journal of the European Union (C series) and Ghana shall publish according to its own procedures the date on which the cumulation provided for in this Article may be applied with those countries and territories listed in this Article which have fulfilled the necessary requirements.

4.    The cumulation provided for in this Article shall not apply to materials:

(a)    of Harmonized Systems Headings 16.04 and 16.05 originating in the EPA Pacific States by use of Article 6.6 of Protocol II of the Interim Partnership Agreement between the European Community, on the one part, and the Pacific States, on the other part 3 ;

(b)    of Harmonized System Headings 16.04 and 16.05 originating in the Pacific States by use of any future provision of a comprehensive Economic Partnership Agreement between the European Union and Pacific ACP States;

(c)    originating in the Republic of South Africa which may not be imported directly into the EU dutyfree and quotafree.

5.    The EU shall notify yearly to the Committee the list of materials referred to by the provisions of paragraph 4(c) of this Article. Upon notification, this list shall be published by the European Commission in the Official Journal of the European Union (C series) and by Ghana in accordance with its own procedures.

ARTICLE 8

Cumulation with other countries benefiting
from dutyfree quotafree access to the market of the European Union

1.    Without prejudice to the provisions of Article 2 of this Protocol, materials originating in countries and territories:

(a)    benefiting from the “Special arrangement for least developed countries” of the Scheme of Generalised Tariff Preferences of the European Union; or

(b)    benefiting from dutyfree quotafree access to the market of the European Union under the general provisions of the Scheme of Generalised Tariff Preferences;

shall be considered as materials originating in Ghana when incorporated into a product obtained there.

It shall not be necessary for these materials to have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 5(1) of this Protocol. If the product into which these materials have been incorporated also includes nonoriginating materials, it will have to undergo sufficient working or processing in accordance with Article 4 of this Protocol to be considered as originating in Ghana..

1.2.    The origin of the materials from the other countries or territories concerned shall be established in accordance with the rules of origin applicable under the Scheme of Generalised Tariff Preferences of the European Union and in accordance with the provisions of Article 27 of this Protocol.

1.3.    The cumulation provided for in this paragraph shall not apply to materials:

(a)    which at importation to the European Union are subject to antidumping or countervailing duties when originating from a country which is subject to these antidumping or countervailing duties;

(b)    which are included in tariff subheadings 3302.10 and 3501.10 of the Harmonized System;

(c)    which are included in tuna products classified under Harmonized System Chapter 3 which are covered by the Scheme of Generalised Tariff Preferences of the European Union;

(d)    in respect of which tariff preferences are removed (graduation) or suspended (safeguard clause) under the Scheme of Generalised Tariff Preferences of the European Union.

2.    On the basis of a notification from Ghana, without prejudice to the provisions of Article 2 of this Protocol and in compliance with the provisions of paragraphs 2.1, 2.2 and 5 of this Article, materials originating in countries or territories which are covered by agreements or arrangements that provide for dutyfree quotafree access to the market of the European Union shall be considered to be materials originating in Ghana. Such notification shall be sent by Ghana to the European Union through the European Commission. Cumulation shall remain applicable as long as the conditions for granting such cumulation are met. It shall not be necessary for such materials to have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 5(1) of this Protocol.

2.1.    The origin of the materials of the countries or territories concerned shall be determined in accordance with the rules of origin applicable in the framework of the European Union’s preferential agreements or arrangements with those countries and territories and in accordance with Article 27 of this Protocol.

2.2.    The cumulation provided for in this paragraph shall not apply to materials:

(a)    falling within Harmonized System Chapters 1 to 24 and the products listed in Annex 1 paragraph 1.(ii) of the WTO Agreement on Agriculture belonging to the GATT 1994;

(b)    which at importation to the European Union are subject to antidumping or countervailing duties when originating from a country which is subject to these antidumping or countervailing duties;

(c)    which, under a free trade agreement between the European Union and a third country, are subject to trade measures and safeguard measures or any other measure which prevents such products from entering the European Union market on a dutyfree and quotafree basis.

3.    The European Union shall notify yearly to the Committee the list of materials and countries to which the provisions of paragraph 1 of this Article shall apply. Upon notification, the list shall be published by the European Commission in the Official Journal of the European Union (C series) and by Ghana in accordance with their own procedures. Ghana shall notify yearly to the Committee the materials to which the cumulation provided for in paragraphs 1 and 2 of this Article has been applied.

4.    Movement certificates EUR.1 (in Box 7) or origin declarations issued by application of paragraph 1 and 2 shall bear the following entry:

   “Application of Article 8.1 or 8.2 of Protocol 1 to the GhanaEU EPA”;

5.    The cumulation provided for in paragraphs 1 and 2 of this Article may be applied only provided that:

(a)    all the countries involved in the acquisition of the originating status have entered into an arrangement or agreement on administrative cooperation which ensures correct implementation of this Article and includes a reference to the use of appropriate proofs of origin;

(b)    Ghana provides the European Union, through the European Commission, with details of agreements on administrative cooperation with the other countries or territories referred to in this Article. The Commission shall publish in the Official Journal of the European Union (C series) the date on which the cumulation provided for in this Article may be applied with those countries or territories listed in this Article which have fulfilled the necessary requirements.

ARTICLE 9

Unit of qualification

1.    The unit of qualification for the application of the provisions of this Protocol shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonized System.

This means that:

(a)    when a product composed of a group or assembly of articles is classified under the terms of the Harmonized System in a single heading, the whole constitutes the unit of qualification;

(b)    when a consignment consists of a number of identical products classified under the same heading of the Harmonized System, each product must be taken individually when applying the provisions of this Protocol.

2.    Where, under General Rule 5 of the Harmonized System, packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.

ARTICLE 10

Accessories, spare parts and tools

Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

ARTICLE 11

Sets of assorted articles

Sets, as defined in General Rule 3 of the Harmonized System, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and nonoriginating products, the set as a whole shall be regarded as originating, provided that the value of the nonoriginating products does not exceed 15 percent of the exworks price of the set.

ARTICLE 12

Neutral elements

In order to determine whether a product is an originating product, it shall not be necessary to determine the origin of the following which might be used in its manufacture:

(a)    energy and fuel;

(b)    plant and equipment;

(c)    machines and tools;

(d)    goods which neither enter into the final composition of the product nor are intended to do so.

ARTICLE 13

Accounting segregation

1.    Where considerable cost or material difficulties arise in keeping separate stocks of originating and nonoriginating fungible materials, the customs authorities may, at the written request of those concerned, authorise the socalled ‘accounting segregation’ method (hereinafter referred to as the method) to be used for managing such stocks.

2.    The method shall also apply to originating and nonoriginating raw sugar not containing added flavouring or colouring matter and intended for refining of subheadings 1701.12, 1701.13 and 1701.14 of the Harmonized System, which is physically combined or mixed in Ghana or the European Union before being exported to the European Union and to Ghana respectively.

3.    The method shall ensure that, at any time, the number of products obtained which could be considered to originate in Ghana or the European Union is the same as would have been obtained if the stocks had been physically separated.

4.    The customs authorities may make the grant of authorisation referred to in paragraphs 1 and 2 of this Article subject to any conditions deemed appropriate.

5.    The method shall be applied and the application thereof shall be recorded on the basis of the general accounting principles applicable in the country where the product was manufactured.

6.    The beneficiary of the method may issue or apply for proofs of origin, as the case may be, for the quantity of products which may be considered as originating. At the request of the customs authorities, the beneficiary shall provide a statement of how the quantities have been managed.

7.    The customs authorities shall monitor the use made of the authorisation and may withdraw it whenever the beneficiary makes improper use of the authorisation in any manner whatsoever or fails to fulfil any of the other conditions laid down in this Protocol.

8.    For the purposes of paragraphs 1 and 2 of this Article, the terms “fungible materials” or “fungible products” shall mean materials or products which are of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished from one another in order to establish their origin.

TITLE III

TERRITORIAL REQUIREMENTS

ARTICLE 14

Principle of territoriality

1.    Except as provided for in Articles 6, 7 and 8 of this Protocol, the conditions for acquiring originating status set out in Title II must be fulfilled without interruption in Ghana or in the European Union.

2.    Except as provided for in Articles 6, 7, and 8 of this Protocol, where originating goods exported from Ghana or from the European Union to another country return, they must be considered as nonoriginating, unless it can be demonstrated to the satisfaction of the customs authorities that:

(a)    the returning goods are the same as those exported; and

(b)    they have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.

3.    The acquisition of originating status in accordance with the conditions set out in Title II of this Protocol shall not be affected by working or processing done outside the European Union or Ghana on products exported from the European Union or from Ghana and subsequently reimported there, provided:

(a)    the said products are wholly obtained in the European Union or in Ghana or have undergone working or processing there beyond the operations referred to in Article 5 of this Protocol prior to being exported; and

(b)    it can be demonstrated to the satisfaction of the customs authorities that:

(i)    the working or processing outside the European Union or Ghana was done under the outward processing arrangements, or similar arrangements;

(ii)    the reimported goods have been obtained by working or processing the exported products; and

(iii)    all costs arising outside Ghana or the European Union, including the value of the materials incorporated there, do not exceed 10 % of the exworks price of the end product for which originating status is claimed.

4.    For goods that meet the conditions laid down in paragraph 3 of this Article, all the costs arising outside Ghana or the European Union, including the value of the materials incorporated there, shall be considered to be nonoriginating materials. In that case the originating status of the goods shall be determined by applying the rules laid down in Annex II to this Protocol, cumulating the total value of the nonoriginating materials used both inside and outside the European Union or Ghana.

5.    Paragraphs 3 and 4 of this Article shall not apply to products which can be considered sufficiently worked or processed only if the general tolerance fixed in Article 4(4) of this Protocol is applied.

6.    Paragraphs 3 and 4 of this Article shall not apply to products of Chapters 50 to 63 of the Harmonized System.

ARTICLE 15

Non-alteration

1.    The originating products declared for home use in a Party shall be the same products as exported from the other Party in which they obtained originating status. They shall not have been altered, transformed in any way or subjected to operations other than to preserve them in good condition or than adding or affixing marks, labels, seals or any other documentation to ensure compliance with specific domestic requirements of the importing Party, prior to being declared for home use.

2.    Storage of products may take place in a non-Party provided that they remain under customs supervision in that non-Party.

3. Without prejudice to the provisions of Title IV the splitting of consignments may take place in the territory of a non-Party where carried out by the exporter or under his responsibility provided they remain under customs supervision in that non-Party.

4.    In case of doubt whether the conditions provided for in paragraphs 1 to 3 are complied with, the customs authorities may request the importer to provide evidence of compliance, which may be given by any means, including contractual transport documents such as bills of lading or factual or concrete evidence based on marking or numbering of packages or any evidence related to the products themselves.

ARTICLE 16

Exhibitions

1.    Originating products sent for exhibition in a country or territory other than those referred to in Articles 6, 7 and 8 of this Protocol with which cumulation is applicable and sold after the exhibition for importation into the European Union or Ghana shall benefit on importation from the provisions of this Agreement provided it is shown to the satisfaction of the customs authorities that:

(a)    an exporter has consigned these products from Ghana or from the European Union to the country in which the exhibition is held and has exhibited them there;

(b)    the products have been sold or otherwise disposed of by that exporter to a person in Ghana or in the European Union;

(c)    the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition; and

(d)    the products have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition.

2.    A proof of origin shall be issued or made out in accordance with the provisions of Title IV of this Protocol and submitted to the customs authorities of the importing country in the normal manner. The name and address of the exhibition shall be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required.

3.    Paragraph 1 of this Article shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.

TITLE IV

PROOF OF ORIGIN

ARTICLE 17

General conditions

1.    Products originating in the European Union, when imported into Ghana, shall benefit from the provisions of the Agreement, upon presentation, in the cases referred to in Article 21(1), of a declaration, hereinafter referred to as 'origin declaration', given by the exporter on an invoice, delivery note or other commercial document which describes the products concerned in sufficient detail to enable them to be identified; the text of the origin declaration appears in Annex IV to this Protocol.

2.    Products originating in Ghana shall, on importation into the European Union benefit from the provisions of the Agreement upon submission of either:

(a)    a movement certificate EUR.1, a specimen of which appears in Annex III to this Protocol; or

(b)    in the cases specified in Article 21(1) of this Protocol, a declaration, subsequently referred to as the ‘origin declaration’, given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified; the text of the origin declaration appears in Annex IV to this Protocol.

3.    Without prejudice to point c) of Article 42(3), provisions under paragraph 2 (a) will be enforceable until three years after the entry into force of this Protocol. After that period, only the provisions under b) shall apply.

4.    Notwithstanding paragraphs 1 and 2 of this Article, originating products within the meaning of this Protocol shall, in the cases specified in Article 26 hereof, benefit from this Agreement without it being necessary to submit any of the documents referred to in that paragraph 1.

5.    For the purposes of applying the provisions of this title, exporters shall endeavour to use a language shared by Ghana and the European Union.

ARTICLE 18

Procedure for the issue of a movement certificate EUR.1

1.    A movement certificate EUR.1 shall be issued by the customs authorities of the exporting country on application having been made in writing by the exporter or, under the exporter’s responsibility, by his authorised representative.

2.    For this purpose, the exporter or his authorised representative shall fill out both the movement certificate EUR.1 and the application form, specimens of which appear in Annex III to this Protocol. These forms shall be completed in accordance with the provisions of this Protocol. If the forms are handwritten, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line shall be drawn below the last line of the description, the empty space being crossed through.

3.    The exporter applying for the issue of a movement certificate EUR.1 shall be prepared to submit at any time, at the request of the customs authorities of the exporting country where the movement certificate EUR.1 is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol.

4.    A movement certificate EUR.1 shall be issued by the customs authorities of Ghana if the products concerned can be considered as products originating in Ghana or one of the other countries or territories referred to in Articles 6, 7 and 8 of this Protocol and fulfil the other requirements of this Protocol.

5.    The issuing customs authorities shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of this Protocol. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter’s accounts or any other check considered appropriate. The issuing customs authorities shall also ensure that the forms referred to in paragraph 2 of this Article are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.

6.    The date of issue of the movement certificate EUR.1 shall be indicated in Box 11 of the certificate.

7.    A movement certificate EUR.1 shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.

ARTICLE 19

Movement certificates EUR.1 issued retrospectively

1.    Notwithstanding Article 18(7) of this Protocol, a movement certificate EUR.1 may exceptionally be issued after exportation of the products to which it relates if:

(a)    it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances; or

(b)    it is demonstrated to the satisfaction of the customs authorities that a movement certificate EUR.1 was issued but was not accepted at importation for technical reasons.

2.    For the implementation of paragraph 1 of this Article, the exporter must indicate in his application the place and date of exportation of the products to which the movement certificate EUR.1 relates, and state the reasons for his request.

3.    The customs authorities may issue a movement certificate EUR.1 retrospectively only after verifying that the information supplied in the exporter’s application agrees with that in the corresponding file.

4.    Movement certificates EUR.1 issued retrospectively must be endorsed with the following phrase:

“ISSUED RETROSPECTIVELY”

5.    The endorsement referred to in paragraph 4 of this Article shall be inserted in the “Remarks” box of the movement certificate EUR.1.

ARTICLE 20

Issue of a duplicate movement certificate EUR.1

1.    In the event of the theft, loss or destruction of a movement certificate EUR.1, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession.

2.    The duplicate issued in this way must be endorsed with the following:

“DUPLICATE”

3.    The endorsement referred to in paragraph 2 of this Article shall be inserted in the “Remarks” box of the duplicate movement certificate EUR.1.

4.    The duplicate, which must bear the date of issue of the original movement certificate EUR.1, shall take effect as from that date.

ARTICLE 21

Conditions for making out an origin declaration

1.    An origin declaration may be made out:

a)    as referred to in Article 17(1) of this Protocol by a registered exporter in conformity with the internal legislation of the European Union;

b)    in the cases referred to point b) of Article 17(2),

–Up to three years after the entry into force of this Protocol, by an exporter as provided for in Article 22;

–Three years after the entry into force oh this Protocol, by a registered exporter in accordance with the internal legislation of Ghana.

c)    by any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed EUR 6 000.

2.    An origin declaration declaration may be made out if the products concerned can be considered as products originating in Ghana, the European Union or in one of the other countries referred to in Articles 6, 7 and 8 of this Protocol and fulfil the other requirements of this Protocol.

3.    The exporter making out an origin declaration shall be prepared to submit at any time, at the request of the customs authorities of the exporting country, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol.

4.    An origin declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annex IV to this Protocol, using one of the linguistic versions set out in that Annex and in accordance with the provisions of the domestic law of the exporting country. If the declaration is handwritten, it shall be written in ink in printed characters.

5.    Origin declarations shall bear the original signature of the exporter in manuscript. However, a registered exporter as provided for in paragraph 1, or an approved exporter within the meaning of Article 22 of this Protocol shall not be required to sign such declarations provided that he gives the customs authorities of the exporting country a written undertaking that he accepts full responsibility for any origin declaration which identifies him as if it had been signed in manuscript by him.

6.    An origin declaration may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that it is presented in the importing country no longer than two (2) years after the importation of the products to which it relates.

ARTICLE 22

Approved exporter

1.    The customs authorities of the exporting country may authorize any exporter who makes frequent shipments of products under the trade cooperation provisions of the Agreement to make out origin declarations irrespective of the value of the products concerned. An exporter seeking such authorisation must offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Protocol.

2.    The customs authorities may grant the status of approved exporter subject to any conditions which they consider appropriate.

3.    The customs authorities shall grant to the approved exporter a customs authorisation number which shall appear on the origin declaration.

4.    The customs authorities shall monitor the use of the authorisation by the approved exporter.

5.    The customs authorities may withdraw the authorisation at any time. They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, no longer fulfils the conditions referred to in paragraph 2 of this Article or otherwise makes an incorrect use of the authorisation.

ARTICLE 23

Validity of proof of origin

1.    A proof of origin shall be valid for ten (10) months from the date of issue in the exporting country, and must be submitted within that period to the customs authorities of the importing country.

2.    Proofs of origin which are submitted to the customs authorities of the importing country after the final date for presentation specified in paragraph 1 of this Article may be accepted for the purpose of applying preferential treatment, where the failure to submit these documents by the final date set is due to exceptional circumstances.

3.    In other cases of belated presentation, the customs authorities of the importing country may accept the proofs of origin where the products have been submitted before the said final date.

ARTICLE 24

Submission of proof of origin

Proofs of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. These authorities may require that a proof of origin be translated. They may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for the implementation of the Agreement.

ARTICLE 25

Importation by instalments

Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or nonassembled products within the meaning of General Rule 2(a) of the Harmonized System falling within Sections XVI and XVII or headings 73.08 and 94.06 of the Harmonized System are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.

ARTICLE 26

Exemptions from proof of origin

1.    Products sent as small packages from private persons to private persons or forming part of travellers’ personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Protocol and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on customs declaration CN22/CN23 or on a sheet of paper annexed to that document.

2.    Imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the products that no commercial purpose is in view.

3    Furthermore, the total value of these products shall not exceed EUR 500 in the case of small packages, or EUR 1 200 in the case of products forming part of travellers’ personal luggage.

ARTICLE 27

Information procedure for cumulation purposes

1.    When Article 7(1) of this Protocol is applied, the evidence of originating status within the meaning of this Protocol, of the materials coming from Ghana, from the European Union, from another ACP State which has at least provisionally applied an EPA or an OCT shall be given by a movement certificate EUR.1 or an origin declaration or by the supplier’s declaration, a specimen of which appears in Annex V-A to this Protocol, given by the exporter in Ghana or in the European Union from which the materials came.

2.    When Article 7(2) of this Protocol is applied, the evidence of working or processing of the materials in Ghana, in the European Union, or in another ACP State which has at least provisionally applied an EPA or an OCT shall be given by the supplier’s declaration, a specimen of which appears in Annex V-B to this Protocol, given by the exporter in Ghana or in the European Union from which the materials came.

3.    When Article 8(1) of this Protocol is applied, the documentary proofs of origin applicable shall be determined in accordance with the rules which apply to GSP countries 4 ;

4.    When Article 8(2) of this Protocol is applied, the documentary proofs of origin applicable shall be determined in accordance with the rules laid down in the relevant arrangements or agreements.

5.    A separate supplier’s declaration shall be issued by the supplier for each consignment of goods on the commercial invoice relating to that shipment or in an annex to that invoice, or on a delivery note or other commercial document relating to that shipment which describes the materials concerned in sufficient detail for them to be identified.

6.    The supplier’s declaration may be issued on a preprinted form.

7.    The supplier’s declarations shall bear the original signature of the supplier in manuscript. However, where the invoice and the supplier’s declaration are issued using electronic dataprocessing methods, the supplier’s declaration need not be signed in manuscript provided the responsible official in the supplying company is identified to the satisfaction of the customs authorities in the State where the supplier’s declaration is issued. Those customs authorities may lay down conditions for the implementation of this paragraph.

8.    The supplier’s declarations shall be submitted to the customs authorities in the exporting country requested to issue the movement certificate EUR.1.

9.    The supplier issuing a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is issued, all appropriate documents proving that the information given on this declaration is correct.

10.    Supplier’s declarations and information certificates issued before the date of entry into force of this Protocol in accordance with Article 26 of Protocol 1 to the Cotonou Agreement shall remain valid.

ARTICLE 28

Supporting documents

The documents referred to in Articles 18(3) and 21(3) of this Protocol used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declarationcan be considered as products originating in Ghana, the European Union or one of the other countries or territories referred to in Articles 6, 7 and 8 of this Protocol and fulfil the other requirements of this Protocol may consist inter alia of the following:

(a)    direct evidence of the processes carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal bookkeeping;

(b)    documents proving the originating status of materials used, issued or made out in Ghana, the European Union or one of the other countries or territories referred to in Articles 6, 7 and 8 of this Protocol where these documents are used in accordance with domestic law;

(c)    documents proving the working or processing of materials in Ghana, in the European Union or in one of the other countries or territories referred to in Articles 6, 7 and 8 of this Protocol, issued or made out in Ghana, in the European Union or in one of the other countries or territories referred to in Articles 6, 7 and 8 of this Protocol where those documents are used in accordance with national law;

(d)    movement certificates EUR.1 or origin declarations proving the originating status of materials used, issued or made out in Ghana, in the European Union or in one of the other countries or territories referred to in Articles 6, 7 and 8 and in accordance with this Protocol.

ARTICLE 29

Preservation of proof of origin and supporting documents

1.    The exporter applying for the issue of a movement certificate EUR.1 shall keep for at least three (3) years the documents referred to in Article 18(3).

2.    The exporter making out an origin declaration shall keep a copy of this origin declaration as well as the documents referred to in Article 21(3) for at least three (3) years.

3.    The supplier making out a supplier’s declaration shall keep for at least three (3) years copies of the declaration and of the invoice, delivery notes or other commercial documents to which this declaration is annexed as well as the documents referred to in Article 27(9).

4.    The customs authorities of the exporting country issuing a movement certificate EUR.1 shall keep for at least three (3) years the application form referred to in Article 18(2).

5.    The customs authorities of the importing country shall keep for at least three (3) years the movement certificates EUR.1 and the origin declarations submitted to them.

ARTICLE 30

Discrepancies and formal errors

1.    The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that this document does correspond to the products submitted.

2.    Obvious formal errors such as typing errors on a proof of origin should not cause that document to be rejected if those errors are not such as to create doubts concerning the correctness of the statements made in the document.

ARTICLE 31

Amounts expressed in euro

1.    For the application of the provisions of point c) of Article 21(1) and Article 26(3) of this Protocol in cases where products are invoiced in a currency other than euro, amounts in the national currency of Ghana, the Member States of the European Union or of the other countries or territories referred to in Articles 6, 7 and 8 of this Protocol equivalent to the amounts expressed in euro shall be fixed annually by each of the countries concerned.

2.    A consignment shall benefit from the provisions of point c) of Article 21(1) or Article 26(3) of this Protocol by reference to the currency in which the invoice is drawn up, according to the amount fixed by the country concerned.

3.    The amounts to be used in any given national currency shall be the equivalent in that currency of the amounts expressed in euro as at the first working day of October each year. These amounts shall be communicated to the European Commission by 15 October at the latest and shall apply from 1 January the following year. The European Commission shall notify all countries concerned of the relevant amounts.

4.    A country may round up or down the amount resulting from the conversion into its national currency of an amount expressed in euro. The roundedoff amount may not differ from the amount resulting from the conversion by more than 5 per cent. A country may retain unchanged its national currency equivalent of an amount expressed in euro if, at the time of the annual adjustment provided for in paragraph 3 of this Article, the conversion of that amount, prior to any roundingoff, results in an increase of less than 15 per cent in the national currency equivalent. The national currency equivalent may be retained unchanged if the conversion would result in a decrease in that equivalent value.

5.    The amounts expressed in euro shall be reviewed by the Committee at the request of the European Union or Ghana. When carrying out that review, the Committee shall consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euro.

TITLE V

ADMINISTRATIVE COOPERATION

ARTICLE 32

Administrative conditions for products to benefit from the Agreement

Products originating within the meaning of this Protocol in Ghana or the European Union shall benefit, at the time of the customs import declaration, from the preferences resulting from the Agreement only on condition that they were exported on or after the date on which the exporting country complies with the provisions laid down in Articles 33, 34 and 44 of this Protocol.

The parties shall make the notifications referred to in Article 33 of this Protocol.

ARTICLE 33

Notification of customs authorities

1.    Ghana and the Member States of the European Union shall provide each other, through the European Commission with the addresses of the customs authorities responsible for issuing and verifying the movement certificates EUR.1, origin declarations and supplier’s declarations and with specimen impressions of stamps used in their customs offices for the issue of these certificates.

Movement certificates EUR.1 and origin declarations or supplier’s declarations shall be accepted for the purpose of applying preferential treatment from the date this information is received by the European Commission.

2.    Ghana and the Member States of the European Union shall inform each other immediately whenever there are any changes to the information referred to in paragraph 1 of this Article.

3.    The authorities referred to in paragraph 1 of this Article shall act under the authority of the government of the country concerned. The authorities in charge of control and verification shall be part of the governmental authorities of the country concerned.

ARTICLE 34

Other methods of administrative cooperation

1.    In order to ensure the proper application of this Protocol, the European Union, Ghana and the other countries referred to in Article 6, 7 and 8 of this Protocol shall check, through the competent customs administrations, the authenticity of the movement certificates EUR.1, the origin declarations or the supplier’s declarations and the correctness of the information given in these documents. Moreover, Ghana and the Member States of the European Union:

(a)    shall provide each other with all necessary administrative cooperation in the event of a request for monitoring of the proper management and control of the Protocol in the country concerned, including visits on the spot;

(b)    shall check, in accordance with Article 35 of this Protocol, the originating status of the products and the compliance with the other conditions laid down in this Protocol.

2.    The authorities consulted shall furnish the relevant information concerning the conditions under which the product has been made, indicating especially the conditions in which the rules of origin have been respected in Ghana, the European Union and the other countries referred to in Articles 6, 7 and 8 of this Protocol.

ARTICLE 35

Verification of proofs of origin

1.    Subsequent verifications of proofs of origin shall be carried out based on risk analysis and at random or whenever the customs authorities of the importing country have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Protocol.

2.    For the purposes of implementing the provisions of paragraph 1 of this Article, the customs authorities of the importing country shall return the movement certificate EUR.1 and the invoice, if it has been submitted, the origin declaration, or a copy of these documents, to the customs authorities of the exporting country giving, where appropriate, the reasons for the request for verification. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.

3.    The verification shall be carried out by the customs authorities of the exporting country. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter’s accounts or any other check considered appropriate.

4.    If the customs authorities of the importing country decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.

5.    The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible. These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in Ghana, in the European Union or in one of the other countries referred to in Articles 6, 7 and 8 of this Protocol and fulfil the other requirements of this Protocol.

6.    If, in cases of reasonable doubt, there is no reply within 10 months of the date of the verification request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.

7.    The parties shall refer to Article 7 of Protocol No. 2 on mutual administrative assistance in customs matters for joint enquiries on proofs of origin.

ARTICLE 36

Verification of supplier’s declarations

1.    Verification of supplier’s declarations shall be carried out based on risk analysis and at random or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in this document.

2.    The customs authorities to which a supplier’s declaration is submitted may request the customs authorities of the State where the declaration was made out to issue an information certificate, a specimen of which appears in Annex VI to this Protocol. Alternatively, the certifying authorities to which a supplier’s declaration is submitted may request the exporter to produce an information certificate issued by the customs authorities of the State where the declaration was made.

A copy of the information certificate shall be preserved by the office which has issued it for at least three (3) years.

3.    The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible. The results must indicate clearly whether the information given in the supplier’s declaration is correct and make it possible for them to determine whether and to what extent this supplier’s declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.

4.    The verification shall be carried out by the customs authorities of the country where the supplier’s declaration was made out. For this purpose, they shall have the right to call for any evidence or to carry out any inspection of the supplier’s accounts or any other check which they consider appropriate in order to verify the correctness of any supplier’s declaration.

5.    Any movement certificate EUR.1 or origin declaration issued or made out on the basis of an incorrect supplier’s declaration shall be considered null and void.

ARTICLE 37

Dispute settlement

1.    Where disputes arise in relation to the verification procedures of Articles 36 and 37 of this Protocol which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out this verification or where they raise a question as to the interpretation of this Protocol, they shall be submitted to the Committee.

2.    In all cases, the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.

ARTICLE 38

Penalties

Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.

ARTICLE 39

Derogations

1.    Derogations from this Protocol may be adopted by the Committee when they are justified by the development of existing industries or the creation of new industries in Ghana. To this end, either before or when Ghana submits the matter to the Committee, it shall notify the European Union of its request for a derogation together with the reasons for the request in accordance with paragraph 2 of this Article. The European Union shall respond positively to all the Ghana requests which are duly justified in conformity with this Article and which cannot cause serious damage to an established industry in the European Union.

2.    In order to facilitate the examination by the Committee of requests for derogation, Ghana making the request shall, by means of the form given in Annex VII to this Protocol, furnish in support of its request the fullest possible information covering in particular the points listed below:

(a)    description of the finished product;

(b)    nature and quantity of materials originating in a third country;

(c)    nature and quantity of materials originating in Ghana or the States or territories mentioned in Article 7 of this Protocol, or of materials that have been processed there;

(d)    manufacturing processes;

(e)    added value;

(f)    number of employees in the enterprise concerned;

(g)    anticipated volume of exports to the European Union;

(h)    other possible sources of supply for raw materials;

(i)    reasons for the duration requested in the light of efforts made to find new sources of supply;

(j)    other observations.

The same rules shall apply to any requests for extension.

The Committee may modify the form.

3.    The examination of requests shall in particular take into account:

(a)    the level of development or the geographical situation of Ghana;

(b)    cases where the application of the existing rules of origin would significantly affect the ability of an existing industry in Ghana to continue its exports to the European Union, with particular reference to cases where this could lead to cessation of its activities;

(c)    specific cases where it can be clearly demonstrated that significant investment in an industry could be deterred by the rules of origin and where a derogation favouring the realisation of an investment programme would enable these rules to be satisfied by stages.

4.    In every case an examination shall be made to ascertain whether the rules relating to cumulation of origin do not provide a solution to the problem.

5.    In the examination of requests, special account shall be taken, case by case, of the possibility of conferring originating status on products which include in their composition materials originating in neighbouring developing countries, leastdeveloped countries or developing countries with which Ghana has special relations, provided that administrative cooperation can be established.

6.    The Committee shall take steps necessary to ensure that a decision is reached as soon as possible and in any case not later than seventyfive (75) working days after the request is received by the European Union Cochairman of the Committee. If the European Union does not inform Ghana of its position on the request within this period, the request shall be deemed to have been accepted.

7.    (a)    Derogations shall be valid for a period, generally of five (5) years, to be determined by the Committee.

(b)    The derogation decision may provide for renewals without a new decision of the Committee being necessary, provided that Ghana submits, three (3) months before the end of each period, proof that it is still unable to meet the conditions of this Protocol which have been derogated from.

If any objection is made to the extension, the Committee shall examine it as soon as possible and decide whether to prolong the derogation. The Committee shall proceed as provided for in paragraph 6. All necessary measures shall be taken to avoid interruptions in the application of the derogation.

(c)    In the periods referred to in subparagraphs (a) and (b), the Committee may review the terms for implementing the derogation should a significant change be found to have taken place in the substantive factors governing the decision to grant the derogation. On conclusion of its review the Committee may decide to amend the terms of its decision as regards the scope of derogation or any other condition previously laid down.

8.    Notwithstanding paragraphs 1 to 7 of this Article, a derogation concerning canned tuna and tuna loins of HS 16.04 shall only be granted on the first year of entry into force of the Protocol, within an annual quota non renewable of 1000 tonnes for canned tuna and of  200 tonnes for tuna loins.

TITLE VI

CEUTA AND MELILLA

ARTICLE 40

General conditions

1.    The term “European Union” used in this Protocol does not cover Ceuta and Melilla.

2.    Products originating in Ghana, when imported into Ceuta or Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the European Union under Protocol No 2 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities. Ghana shall grant to imports of products covered by this Agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the European Union.

3.    For the purpose of the application of paragraph 2 of this Article concerning products originating in Ceuta and Melilla, this Protocol shall apply mutatis mutandis subject to the special conditions set out in Article 41 of this Protocol.

ARTICLE 41

Special conditions

1.    Providing compliance with Article 15 of this Protocol, the following shall be considered as:

(1)    products originating in Ceuta and Melilla:

(a)    products wholly obtained in Ceuta and Melilla;

(b)    products obtained in Ceuta and Melilla in the manufacture of which products other than those referred to in (a) are used, provided that:

(i)    the said products have undergone sufficient working or processing within the meaning of Article 4 of this Protocol, or that

(ii)    those products originate in Ghana or in the European Union, and they have been submitted to working or processing which goes beyond the operations referred to in Article 5 of this Protocol;

(2)    products originating Ghana:

(a)    products wholly obtained in Ghana;

(b)    products obtained in Ghana, in the manufacture of which products other than those referred to in (a) are used, provided that:

(i)    the said products have undergone sufficient working or processing within the meaning of Article 4 of this Protocol, or that

(ii)    those products originate in Ceuta and Melilla or in the European Union, within the meaning of this Protocol, and they have been submitted to working or processing which goes beyond the operations referred to in Article 5 of this Protocol.

2.    Ceuta and Melilla shall be considered as a single territory.

3.    The exporter or his authorised representative shall enter “…” and “Ceuta and Melilla” in Box 2 of movement certificates EUR.1 or on origin declarations. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in Box 4 of movement certificates EUR.1 or on origin declarations.

4.    The Spanish customs authorities shall be responsible for the application of this Protocol in Ceuta and Melilla.

TITLE VII

FINAL PROVISIONS

ARTICLE 42

Revision and application of rules of origin

1.    In accordance with the provisions of Article 73 of this Agreement, the Joint Committee of the GhanaEuropean Union EPA may, whenever requested by Ghana or the European Union, examine the application of the provisions of this Protocol, in particular those related to the implementation of the registered exporters system and their economic effects with a view to adapting or amending them, as necessary. The Joint Committee of the GhanaEuropean Union EPA shall take account, among other factors, of the impact of technological developments on the rules of origin.

2.    Notwithstanding the provisions of paragraph 1 of this Article, this Protocol and its annexes shall be reviewed and, if appropriate, revised within five (5) years of the date when the Protocol enters into force, in accordance with the obligations laid down in Article 6 of this Agreement. This review shall also concern Annex II-A to this Protocol with a view to establishing whether it should be renewed.

3.    In accordance with Article 34 of this Agreement, the Committee shall monitor the implementation and management of the provisions of this Protocol and take decisions on the following matters, among others:

(a)    cumulation, under the conditions set out in Article 8 of this Protocol;

(b)    the derogations from the provisions of this Protocol, under the conditions set out in Article 39 hereof.

(c)    an extension of the three-year period as referred to in point b) of Article 21(1) based on evidence that Ghana is not ready to implement the legislation on registered exporters;

(d)    the threshold of EUR 6 000 as referred to in point c) of Article 21(1).

ARTICLE 43

Annexes

The Annexes to this Protocol shall form an integral part thereof.

ARTICLE 44

Implementation of this Protocol

The European Union and Ghana shall each take the measures required to implement this Protocol, including:

(a)    the necessary national and regional arrangements required for the implementation and enforcement of the rules and procedures laid down in this Protocol, in particular the arrangements necessary for the application of the articles on cumulation;

(b)    the creation of the administrative structures and systems required for proper management and verification of the origin of products.

ARTICLE 45

Transitional provision for goods in transit or storage

The provisions of the Agreement may be applied to goods which comply with the provisions of this Protocol and which on the date of entry into force hereof are either in transit or are in the European Union or in Ghana in temporary storage in customs warehouses without payment of import duties and taxes, subject to the following:

(a)for exports from Ghana to the European Union, subject to the submission to the customs authorities of the importing country, within ten (10) months of the said date, of a movement certificate EUR.1 issued retrospectively by the customs authorities of Ghana or an origin declaration in accordance with Articles 17(2)(b) and 21, together with the documents showing that the goods comply with Article 15 of this Protocol;

(b)for exports from the European Union to Ghana, subject to the submission to the customs authorities of Ghana, within ten (10) months of the said date, of an origin declaration issued in accordance with Articles 17(1) and 21, together with the documents showing that the goods comply with Article 15 of this Protocol.

ANNEX I TO PROTOCOL No. 1

INTRODUCTORY NOTES TO THE LIST
IN ANNEX II TO THE PROTOCOL

Note 1

The list in Annex II to this Protocol defines the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 4 of this Protocol.

Note 2

1.    The first two columns in the list describe the product obtained. The first column gives the heading number or chapter number used in the Harmonized System and the second column gives the description of goods used in that system for that heading or chapter. For each entry in the first two columns, a rule is specified in column 3 or 4. Where, in some cases, the entry in the first column is preceded by an “ex”, this signifies that the rules in column 3 or 4 apply only to the part of that heading described in column 2.

2.    Where several heading numbers are grouped together in column 1 or a chapter number is given and the description of products in column 2 is therefore given in general terms, the adjacent rules in column 3 or 4 apply to all products which, under the Harmonized System, are classified in headings of the chapter or in any of the headings grouped together in column 1.

3.    Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in column 3 or 4.

4.    Where, for an entry in the first two columns, a rule is specified in both columns 3 and 4, the exporter may opt to apply either the rule set out in column 3 or that set out in column 4. If no origin rule is given in column 4, the rule set out in column 3 has to be applied.

Note 3

1.    The provisions of Article 4 of this Protocol concerning products having acquired originating status which are used in the manufacture of other products apply regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the European Union or in Ghana.

Example:

An engine of heading 8407, for which the rule states that the value of the nonoriginating materials which may be incorporated may not exceed 40 per cent of the exworks price, is made from “other alloy steel roughly shaped by forging” of heading ex 7224.

If this forging has been forged in the European Union from a nonoriginating ingot, it has already acquired originating status by virtue of the rule for heading ex 7224 in the list. The forging can then count as originating in the value calculation for the engine, regardless of whether it was produced in the same factory or in another factory in the European Union. The value of the nonoriginating ingot is thus not taken into account when adding up the value of the nonoriginating materials used.

2.    The rule in the list represents the minimum amount of working or processing required, and the carrying out of more working or processing also confers originating status; conversely, the carrying out of less working or processing cannot confer originating status. Thus, if a rule provides that nonoriginating material, at a certain level of manufacture, may be used, the use of such material at an earlier stage of manufacture is allowed, and the use of such material at a later stage is not.

3.    Without prejudice to Note 3.2 where a rule states that “materials of any heading” may be used, materials of the same heading as the product may also be used, subject, however, to any specific limitations which may also be contained in the rule. However, the expression “manufacture from materials of any heading, including other materials of heading …” means that only materials classified in the same heading as the product of a description other than that of the product as given in column 2 of the list may be used.

4.    When a rule in the list specifies that a product may be manufactured from more than one material, this means that one or more materials may be used. It does not require that all be used.

Example:

The rule for fabrics of headings 5208 to 5212 provides that natural fibres may be used and that chemical materials, among other materials, may also be used. This does not mean that both have to be used; it is possible to use one or the other, or both.

5.    Where a rule in the list specifies that a product must be manufactured from a particular material, the condition does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule (see also Note 6.3 below in relation to textiles).

Example:

The rule for prepared foods of heading 1904, which specifically excludes the use of cereals and their derivatives, does not prevent the use of mineral salts, chemicals and other additives which are not produced from cereals.

However, this does not apply to products which, although they cannot be manufactured from the particular materials specified in the list, can be produced from a material of the same nature at an earlier stage of manufacture.

Example:

In the case of an article of apparel of ex Chapter 62 of the Harmonized System made from nonwoven materials, if the use of only nonoriginating yarn is allowed for this class of article, it is not possible to start from nonwoven cloth – even if nonwoven cloths cannot normally be made from yarn. In such cases, the starting material would normally be at the stage before yarn – that is, the fibre stage.

6.    Where, in a rule in the list, two percentages are given for the maximum value of nonoriginating materials that can be used, then these percentages may not be added together. In other words, the maximum value of all the nonoriginating materials used may never exceed the higher of the percentages given. Furthermore, the individual percentages must not be exceeded, in relation to the particular materials to which they apply.

Note 4

1.    The term “natural fibres” is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres which have been carded, combed or otherwise processed, but not spun.

2.    The term “natural fibres” includes horsehair of heading 0511, silk of headings 5002 and 5003, as well as wool fibres and fine or coarse animal hair of headings 5101 to 5105, cotton fibres of headings 5201 to 5203, and other vegetable fibres of headings 5301 to 5305.

3.    The terms “textile pulp”, “chemical materials” and “papermaking materials” are used in the list to describe the materials, not classified in Chapters 50 to 63 of the Harmonized System, which can be used to manufacture artificial, synthetic or paper fibres or yarns.

4.    The term “manmade staple fibres” is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings 5501 to 5507.

Note 5

1.    Where, for a given product in the list, reference is made to this Note, the conditions set out in column 3 shall not be applied to any basic textile materials used in the manufacture of this product and which, taken together, represent 10 per cent or less of the total weight of all the basic textile materials used (see also Notes 5.3 and 5.4 below).

2.    However, the tolerance mentioned in Note 5.1 may be applied only to mixed products which have been made from two or more basic textile materials.

The following are the basic textile materials:

   silk,

   wool,

   coarse animal hair,

   fine animal hair,

   horsehair,

   cotton,

   papermaking materials and paper,

   flax,

   true hemp,

   jute and other textile bast fibres,

   sisal and other textile fibres of the genus Agave,

   coconut, abaca, ramie and other vegetable textile fibres,

   synthetic manmade filaments,

   artificial manmade filaments,

   currentconducting filaments,

   synthetic manmade staple fibres of polypropylene,

   synthetic manmade staple fibres of polyester,

   synthetic manmade staple fibres of polyamide,

   synthetic manmade staple fibres of polyacrylonitrile,

   synthetic manmade staple fibres of polyimide,

   synthetic manmade staple fibres of polytetrafluoroethylene,

   synthetic manmade staple fibres of polyphenylene sulphide,

   synthetic manmade staple fibres of polyvinyl chloride,

   other synthetic manmade staple fibres,

   artificial manmade staple fibres of viscose,

   other artificial manmade staple fibres,

   yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped,

   yarn made of polyurethane segmented with flexible segments of polyester, whether or not gimped,

   products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film,

   other products of heading 5605.

Example:

A yarn of heading 5205 made from cotton fibres of heading 5203 and synthetic staple fibres of heading 5506 is a mixed yarn. Therefore, nonoriginating synthetic staple fibres that do not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) may be used up to a weight of 10 per cent of the yarn.

Example:

A woollen fabric of heading 5112 made from woollen yarn of heading 5107 and synthetic yarn of staple fibres of heading 5509 is a mixed fabric. Therefore, synthetic yarn which does not satisfy the origin rules (which require manufacture from chemical materials or textile pulp), or woollen yarn which does not satisfy the origin rules (which require manufacture from natural fibres, not carded or combed or otherwise prepared for spinning) or a combination of the two may be used, provided that their total weight does not exceed 10 per cent of the weight of the fabric.

Example:

Tufted textile fabric of heading 5802 made from cotton yarn of heading 5205 and cotton fabric of heading 5210 is only a mixed product if the cotton fabric is itself a mixed fabric made from yarns classified in two separate headings or if the cotton yarns used are themselves mixtures.

Example:

If the tufted textile fabric concerned had been made from cotton yarn of heading 5205 and synthetic fabric of heading 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is, accordingly, a mixed product.

3.    In the case of products incorporating “yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped” this tolerance is 20 per cent in respect of the yarn.

4.    In the case of products incorporating a “strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of an adhesive between two layers of plastic film”, this tolerance is 30 per cent in respect of this strip.

Note 6

1.    In the case of those textile products which are marked in the list by a footnote referring to this Introductory Note, textile trimmings and accessories which do not satisfy the rule set out in the list in column 3 for the madeup products concerned may be used provided that their weight does not exceed 10 per cent of the total weight of all the textile materials incorporated.

Textile trimmings and accessories are those classified in Chapters 50 to 63 of the Harmonized System. Linings and interlinings are not to be regarded as trimmings or accessories.

2.    Any nontextile trimmings and accessories or other materials used which contain textiles do not have to satisfy the conditions set out in column 3 even though they fall outside the scope of Note 3.5.

3.    In accordance with Note 3.5, any nonoriginating nontextile trimmings and accessories or other products which do not contain any textiles may, anyway, be used freely where they cannot be made from the materials listed in column 3.

For example, 5 if a rule in the list says that for a particular textile item, such as a blouse, yarn must be used, this does not prevent the use of metal items, such as buttons, because they cannot be made from textile materials.

4.    Where a percentage rule applies, the value of trimmings and accessories must be taken into account when calculating the value of the nonoriginating materials incorporated.

Note 7

1.    For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, the “specific processes” are the following:

(a)    vacuum distillation;

(b)    redistillation by a very thorough fractionation process ( 6 );

(c)    cracking;

(d)    reforming;

(e)    extraction by means of selective solvents;

(f)    the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;

(g)    polymerisation;

(h)    alkylation;

(i)    isomerisation.

2.    For the purposes of headings 2710 to 2712, the “specific processes” are the following:

(a)    vacuum distillation;

(b)    redistillation by a very thorough fractionation process ( 7 );

(c)    cracking;

(d)    reforming;

(e)    extraction by means of selective solvents;

(f)    the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;

(g)    polymerisation;

(h)    alkylation;

(i)    isomerisation;

(j)    in respect of heavy oils of heading ex 2710 only, desulphurisation with hydrogen, resulting in a reduction of at least 85 per cent of the sulphur content of the products processed (ASTM D 126659 T method);

(k)    in respect of products of heading 2710 only, deparaffining by a process other than filtering;

(l)    in respect of heavy oils of heading ex 2710 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 °C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment with hydrogen of lubricating oils of heading ex 2710 (e.g. hydrofinishing or decolourisation), in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;

(m)    in respect of fuel oils of heading ex 2710 only, atmospheric distillation, on condition that less than 30 per cent of these products distils, by volume, including losses, at 300 °C, by the ASTM D 86 method;

(n)    in respect of heavy oils other than gas oils and fuel oils of heading ex 2710 only, treatment by means of a highfrequency electrical brushdischarge.

3.    For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, simple operations, such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur contents, or any combination of these operations or like operations, do not confer origin.

ANNEX II TO PROTOCOL No. 1

LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER FOR THE PRODUCT MANUFACTURED TO OBTAIN ORIGINATING STATUS

The products included in the following list may not all be covered by the Agreement. It is,

therefore, necessary to consult the other parts of the Agreement.