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Document L:2004:304:FULL

    Official Journal of the European Union, L 304, 30 September 2004


    Display all documents published in this Official Journal
     

    ISSN 1725-2555

    Official Journal

    of the European Union

    L 304
    European flag  

    English edition

    Legislation

    Volume 47
    30 September 2004

    Contents

     

    I   Acts whose publication is obligatory

    page

     

    *

    Council Regulation (EC) No 1590/2004 of 26 April 2004 establishing a Community programme on the conservation, characterisation, collection and utilisation of genetic resources in agriculture and repealing Regulation (EC) No 1467/94 ( 1 )

    1

     

    *

    Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted

    12

     

     

    II   Acts whose publication is not obligatory

     

     

    Council

     

    *

    2004/633/EC:
    Council Decision of 30 March 2004 concerning the conclusion of the Agreement between the European Community and the Republic of India on customs cooperation and mutual administrative assistance in customs matters

    24

    Agreement between the European Community and the Republic of India on customs cooperation and mutual administrative assistance in customs matters

    25

     

    *

    2004/634/EC
    Council Decision of 30 March 2004 concerning the conclusion of the Agreement between the European Community and the United States of America on intensifying and broadening the Agreement on customs cooperation and mutual assistance in customs matters to include cooperation on container security and related matters

    32

    Agreement between the European Community and the United States of America on intensifying and broadening the Agreement on customs cooperation and mutual assistance in customs matters to include cooperation on container security and related matters

    34

     

    *

    2004/635/EC:
    Council Decision of 21 April 2004 concerning the conclusion of a Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part

    38

    Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part

    39

     

    *

    2004/636/EC:
    Council Decision of 29 April 2004 on the conclusion by the European Community of the Protocol on the accession of the European Community to the European Organisation for the Safety of Air Navigation

    209

    Protocol on the accession of the European Community to the Eurocontrol International Convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960, as variously amended and as consolidated by the Protocol of 27 June 1997

    210

     

     

    (1)   Text with EEA relevance

    EN

    Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

    The titles of all other Acts are printed in bold type and preceded by an asterisk.

    I Acts whose publication is obligatory

    30.9.2004   

    EN

    Official Journal of the European Union

    L 304/1

    COUNCIL REGULATION (EC) No 1590/2004

    of 26 April 2004

    establishing a Community programme on the conservation, characterisation, collection and utilisation of genetic resources in agriculture and repealing Regulation (EC) No 1467/94

    (Text with EEA relevance)

    THE COUNCIL OF THE EUROPEAN UNION,

    Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

    Having regard to the proposal from the Commission,

    Having regard to the opinion of the European Parliament,

    Having regard to the opinion of the European Economic and Social Committee,

    Whereas:

    (1)

    Biological and genetic diversity in agriculture is essential to the sustainable development of agricultural production and of rural areas. The necessary measures should therefore be taken to conserve, characterise, collect and utilise the potential of that diversity in a sustainable way to promote the aims of the common agricultural policy (CAP).

    (2)

    The conservation and sustainable use of genetic resources in agriculture also contributes to the aims of the Convention on Biological Diversity approved by the Community by Council Decision 93/626/EEC (1) and the related Community Biodiversity Strategy which includes an action plan for biodiversity conservation and the protection of genetic resources in agriculture. It is also a major objective of the FAO's Global Plan of Action for the Conservation and Sustainable Utilisation of Plant Genetic Resources for Food and Agriculture and of the International Treaty on Plant Genetic Resources for Food and Agriculture, which the Commission and the Member States signed on 6 June 2002.

    (3)

    The wide range of activities carried out in the Member States (by a public-sector body or natural or legal persons) and by various international organisations and programmes such as FAO, the European Cooperative Programme for Crop Genetic Resources Networks (ECP/GR), the Consultative Group on International Agricultural Research (CGIAR), the Global Forum on Agricultural Research (GFAR), the Agricultural Research for Development (ARD) regional and subregional organisations supported by the Community, the European Regional Focal Point (ERFP) of National Coordinators for the Management of Farm Animal Genetic Resources, the European Forest Genetic Resources Programme (Euforgen) and the related commitments of the ongoing Ministerial Conference on the protection of forests in Europe (MCPFE), to which the Community is signatory, call for an effective information exchange and close coordination between the Community main actors and with the relevant organisations throughout the world with regard to the conservation, characterisation, collection and utilisation of genetic resources in agriculture so as to enhance their positive impact on agriculture.

    (4)

    The work undertaken on the conservation, characterisation, collection and utilisation of genetic resources in agriculture can help maintain biological diversity, improve the quality of agricultural products, contribute to increase diversification in rural areas and reduce inputs and agricultural production costs by promoting a sustainable agricultural production and contributing to the sustainable development of rural areas.

    (5)

    The ex situ and in situ conservation of genetic resources in agriculture (including in situ/on farm conservation and development) should be promoted. This should cover all plant, microbial and animal genetic resources that are or could prove useful for agriculture and rural development, including forest genetic resources, in line with the needs of the CAP, with a view to conserving genetic resources and increasing the use of under-utilised breeds and varieties in agricultural production.

    (6)

    Knowledge of the genetic resources available in the Community, their origins and their characteristics still needs to be improved. Relevant information on existing facilities and activities implemented at national or regional level regarding the conservation, characterisation, collection and utilisation of genetic resources in agriculture in each Member State should be gathered and made available to the other Member States and at Community, as well as at international level, particularly the developing countries, in accordance with the international Treaties and Agreements.

    (7)

    Development of decentralised, permanent and widely accessible web-based inventories collecting such knowledge and ensuring its availability at Community and international level should be promoted, with particular reference to the ongoing efforts to develop an inventory of ex situ collections held in European gene banks (the Epgris — European Plant Genetic Resources Information Infra-Structure ‘Eurisco’, funded by the fifth framework programme).

    (8)

    The Community should complement and promote the efforts made in the Member States for the conservation and sustainable use of biological diversity in agriculture. Added value at Community level should be promoted by concerting existing actions and supporting the development of new trans-border initiatives involving the conservation, characterisation, collection and utilisation of genetic resources in agriculture.

    (9)

    Provision should therefore be made for measures that complement or go beyond the scope, as regards beneficiaries and/or eligible actions for funding of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (2).

    (10)

    In order to contribute to the achievement of those aims, a Community programme was established under Council Regulation (EC) No 1467/94 of 20 June 1994 on the conservation, characterisation, collection and utilisation of genetic resources in agriculture (3), for a period of five years. That programme terminated on 31 December 1999 and should be replaced by a new Community programme. Regulation (EC) No 1467/94 should therefore be repealed.

    (11)

    Selection and implementation of measures under the new Community programme should take into account research, technological development and demonstration activities supported either at national level or under the Framework Programmes of the European Community for research, technological development and demonstration activities. The marketing of seed and plant propagating material to be utilised under the new programme should be without prejudice to the Council Directives 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (4), 66/402/EEC of 14 June 1966 on the marketing of cereal seed (5), 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (6), 92/33/EEC of 28 April 1992 on the marketing of vegetable propagating and planting material, other than seed (7), 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (8), 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants (9), 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material (10), 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (11), 2002/54/EC of 13 June 2002 on the marketing of beet seed (12), 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (13), 2002/56/EC of 13 June 2002 on the marketing of seed potatoes (14), 202/57/EC of 13 June 2002 on the marketing of seed oil and fibre plants (15).

    (12)

    The Agreement on the European Economic Area (EEA Agreement) provides that the countries of the European Free Trade Association participating in the European Economic Area (EFTA/EEA countries) should, inter alia, strengthen and broaden cooperation within the framework of the Community's activities in the field of conservation, characterisation, collection and utilisation of genetic resources in agriculture.

    (13)

    For the better implementation of the Community programme, a work programme for the period 2004 to 2006 should be set out detailing the relevant financial provisions to be applied.

    (14)

    For the purposes of implementing and monitoring the Community programme, the Commission should be able to use the assistance of scientific and technical advisors.

    (15)

    The Community contribution should all be financed through Heading 3 (Internal Policies) of the Financial Perspective.

    (16)

    The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (16),

    HAS ADOPTED THIS REGULATION:

    Article 1

    Objectives

    With a view to achieving the aims of the CAP, and to implementing the commitments taken at international level, a Community programme is hereby established for the period 2004 to 2006 to complement and promote at Community level the work undertaken in the Member States for the conservation, characterisation, collection and utilisation of genetic resources in agriculture.

    Article 2

    Scope

    1.   This Regulation shall apply to plant, microbial and animal genetic resources which are or could be of use in agriculture.

    2.   No support may be granted under this Regulation:

    (a)

    for commitments eligible under Title II, Chapter VI, of Regulation (EC) No 1257/1999, as specified under Article 14 of Commission Regulation (EC) No 445/2002 of 26 February 2002 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (17);

    (b)

    for activities eligible under the framework programme of the European Community for research, technological development and demonstration activities.

    Article 3

    Definitions

    For the purpose of this Regulation, the following definitions shall apply:

    (a)

    ‘plant genetic resources’ means those of agricultural crops, horticultural crops, medicinal plants and aromatics, fruit crops, forest trees and wild flora which are or could be of use in the field of agriculture;

    (b)

    ‘animal genetic resources’ means those of farm animals (vertebrates and invertebrates) and wild fauna which are or could be of use in the field of agriculture;

    (c)

    ‘genetic material’ means any material of plant, microbial or animal origin, including reproductive and vegetative propagating material, containing functional units of heredity;

    (d)

    ‘genetic resources for agriculture’ means any genetic material of plant, microbial or animal origin of actual or potential value for agriculture;

    (e)

    ‘in situ conservation’ means the conservation of genetic material in ecosystems and natural habitats and the maintenance and recovery of viable populations of species or feral breeds in their natural surroundings and, in the case of domesticated animal breeds or cultivated plant species, in the farmed environment where they have developed their distinctive properties;

    (f)

    ‘in situ/on farm conservation’ means ‘in situ conservation and development’ at the level of the farm;

    (g)

    ‘ex situ conservation’ means the conservation of genetic material for agriculture outside their natural habitat;

    (h)

    ‘ex situ collection’ means a collection of genetic material for agriculture maintained outside their natural habitat;

    (i)

    ‘bio-geographic region’ means a geographic region with typical characteristics regarding the composition and structure of the fauna and flora.

    Article 4

    Eligible actions

    1.   The Community programme referred to in Article 1 shall comprise targeted actions, concerted actions and accompanying actions, as specified in Articles 5, 6 and 7.

    2.   All actions carried out under the programme shall be in conformity with Community legislation on the phytostanitary, and animal health and zootechnical rules, on the marketing of seed and propagating material and on the common catalogue and shall take into account:

    (a)

    other activities undertaken at Community level;

    (b)

    relevant international processes, developments and agreements, in particular as regards:

    —

    the Convention on Biological Diversity,

    —

    the International Treaty on Plant Genetic Resources for Food and Agriculture,

    —

    the FAO's Global Plan of Action for the Conservation and Sustainable Utilisation of Plant Genetic Resources for Food and Agriculture and other actions undertaken within the framework of FAO,

    —

    the European Plant Conservation Strategy and the relevant resolutions of the Ministerial Conferences on the Protection of Forests in Europe,

    —

    the Global Strategy for the Management of Farm Animal Genetic Resources, and

    —

    programmes implemented under international frameworks such as the European Cooperative Programme for Crop Genetic Resources Networks (ECP/GR), the European Regional Focal Point (ERFP) of National Coordinators for the Management of Farm Animal Genetic Resources, European Forest Genetic Resources Programme (Euforgen) and the Consultative Group on International Agricultural Research (CGIAR).

    Article 5

    Targeted actions

    The targeted actions shall include:

    (a)

    actions promoting the ex situ and in situ conservation, characterisation, collection and utilisation of genetic resources in agriculture;

    (b)

    the establishment of a European decentralised, permanent and widely accessible web-based inventory of genetic resources currently conserved in situ including in situ/on farm genetic resources conservation activities;

    (c)

    the establishment of a European decentralised, permanent and widely accessible web-based inventory of the ex situ collections (gene banks) and in situ facilities (resources) and databases currently available or being developed on the basis of national inventories;

    (d)

    the promotion of regular exchanges of technical and scientific information, in particular on the origins and individual characteristics of available genetic resources, among competent organisations in the Member States.

    The actions referred to in point (a) shall be transnational, taking into account, if appropriate, bio-geographic regional aspects and promote or complement, at Community level, work implemented at regional or national level. They may not involve aid to maintain nature protection areas.

    Article 6

    Concerted actions

    The concerted actions shall promote the exchange of information on thematic issues for the purpose of improving the coordination of actions and programmes for the conservation, characterisation, collection and utilisation of genetic resources in Community agriculture. They shall be trans-national.

    Article 7

    Accompanying actions

    The accompanying actions shall include information, dissemination and advisory actions involving the organisation of seminars, technical conferences, meetings with non-governmental organisations (NGOs) and other relevant stakeholders, training courses and the preparation of technical reports.

    Article 8

    Work programme

    1.   The Commission shall ensure the implementation of the Community programme on the basis of a work programme covering the period 2004 to 2006 established in accordance with the procedure referred to in Article 15(2) and subject to the availability of budgetary allocations.

    2.   The actions co-financed under the Community programme shall have a maximum duration of four years.

    Article 9

    Selection of actions

    1.   The Commission shall, within the work programme referred to in Article 8 and on the basis of calls for proposals for actions published in the C series of the Official Journal of the European Union, select the actions to be financed under the Community programme.

    2.   The calls for proposals shall cover the actions and areas referred to in Articles 5, 6 and 7 and in Annex I. The content of the calls for proposals shall be established in accordance with the procedure referred to in Article 15(2) and in compliance with the relevant Articles under Title VI of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (18).

    3.   Proposals for actions referred to in Articles 5, 6 and 7 may be submitted by a public-sector body or any natural or legal person who is a national of a Member State and established in the Community, including gene banks, non governmental organisations, breeders, technical institutes, experimental farms, gardeners and forest owners. Bodies or persons established in third countries may also submit proposals where this is provided for in Article 10.

    4.   The following criteria shall be taken into account for the assessment of the proposals:

    (a)

    relevance to the objectives of the Community programme, as defined in Article 1;

    (b)

    technical quality of the proposed work;

    (c)

    ability to carry out the action successfully and to ensure its efficient management, assessed in terms of resources and competences and including the organisational arrangements laid down by the participants;

    (d)

    European added value and potential contribution to Community policies.

    5.   Proposals for actions to be financed under the Community programme shall be selected on the basis of independent expert assessment. The independent experts shall be invited by the Commission in compliance with Article 57(2) of Regulation (EC, Euratom) No 1605/2002 and with Article 178 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (19).

    6.   If necessary, detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 15(2).

    Article 10

    Participation of third countries

    The Community programme shall be open to the participation of:

    (a)

    EFTA/EEA countries in accordance with the conditions established in the EEA Agreement;

    (b)

    associated countries, in accordance with the conditions laid down in the respective bilateral agreements establishing the general principles for their participation in Community programmes.

    Article 11

    Grant agreement

    1.   After adoption of the selected actions, the Commission shall conclude grant agreements with the participants in these actions in compliance with the relevant Articles under Title VI of Regulation (EC, Euratom) No 1605/2002. The grant agreements shall set out detailed criteria for the reporting, dissemination, protection and exploitation of the results of the actions.

    2.   The Commission shall take the necessary steps, in particular by means of technical, administrative and accounting checks at the premises of the beneficiaries, to verify that the information and supporting documents supplied are accurate, and that all the obligations laid down in the grant agreement have been fulfilled.

    Article 12

    Technical assistance

    1.   In compliance with Article 57(2) of Regulation (EC, Euratom) No 1605/2002, the Commission may call on the assistance of scientific and technical experts for the implementation of the Community programme, including technical advice with regard to the preparation of calls for proposals, evaluation of technical and financial reports, monitoring, reporting and information purposes.

    2.   A service contract shall be signed as a result of a call for tender procedure in the field of public procurement in compliance with the relevant Articles under Title V of Regulation (EC, Euratom) No 1605/2002.

    Article 13

    Community contribution

    1.   The Community contribution to the actions referred to in Article 5 shall not exceed 50 % of the total cost of the action.

    2.   The Community contribution to the actions referred to in Articles 6 and 7 shall not exceed 80 % of the total cost of the action.

    3.   A Community contribution of up to 100 % of the total cost of the assistance referred to in Article 9(5) (Assessment of proposals), Article 12 (Technical assistance) and Article 14 (Evaluation of the Community programme) shall be allocated.

    4.   The Financial Perspective Heading 3 ‘Internal policies’ shall contribute to the funding of actions and assistance undertaken under the Community programme in application of this Regulation.

    5.   An indicative breakdown of the funds allocated to the Community programme is given in Annex II.

    Article 14

    Evaluation of the Community programme

    At the end of the Community programme, the Commission shall appoint a group of independent experts to report on the implementation of this Regulation, to assess the results and to make appropriate recommendations. The group's report, together with the Commission's comments, shall be submitted to the European Parliament, the Council and the European Economic and Social Committee.

    Article 15

    Committee procedure

    1.   The Commission shall be assisted by a Committee on the conservation, characterisation, collection and utilisation of genetic resources in agriculture (hereinafter referred to as the Committee).

    2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

    The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

    3.   The Committee shall adopt its Rules of Procedure.

    4.   The Committee shall be informed on a regular basis on the implementation of the Community programme.

    Article 16

    Repeal

    Regulation (EC) No 1467/94 shall be repealed, without prejudice to the contractual obligations of parties which have entered into contracts arising out of that Regulation.

    Article 17

    Entry into force

    This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

    This Regulation shall be binding in its entirety and directly applicable in all Member States.

    Done at Luxembourg, 26 April 2004.

    For the Council

    The President

    J. WALSH

    (1)   OJ L 309, 13.12.1993, p. 1.

    (2)   OJ L 160, 26.6.1999, p. 80. Regulation as last amended by Regulation (EC) No 1783/2003 (OJ L 270, 21.10.2003, p. 70).

    (3)   OJ L 159, 28.6.1994, p. 1. Regulation as amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

    (4)   OJ 125, 11.7.1966, p. 2298. Directive as last amended by Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23).

    (5)   OJ 125, 11.7.1966, p. 2309. Directive as last amended by Directive 2003/61/EC.

    (6)   OJ L 93, 17.4.1968, p. 15. Directive as last amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 268, 18.10.2003, p. 1).

    (7)   OJ L 157, 10.6.1992, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

    (8)   OJ L 157, 10.6.1992, p. 10. Directive as last amended by Regulation (EC) No 806/2003.

    (9)   OJ L 226, 13.8.1998, p. 16. Directive as last amended by Regulation (EC) No 806/2003.

    (10)   OJ L 11, 15.1.2000, p. 17.

    (11)   OJ L 193, 20.7.2002, p. 1. Directive as last amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council.

    (12)   OJ L 193, 20.7.2002, p. 12. Directive as amended by Directive 2003/61/EC.

    (13)   OJ L 193, 20.7.2002, p. 33. Directive as last amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council.

    (14)   OJ L 193, 20.7.2002, p. 60. Directive as last amended by Directive 2003/61/EC.

    (15)   OJ L 193, 20.7.2002, p. 74. Directive as last amended by Directive 2003/61 (OJ L 165, 3.7.2003, p. 23).

    (16)   OJ L 184, 17.7.1999, p. 23.

    (17)   OJ L 74, 15.3.2002, p. 2. Regulation as last amended by Regulation (EC) No 963/2003OJ L 138, 5.6.2003, p. 32).

    (18)   OJ L 248, 10.9.2002, p. 1.

    (19)   OJ L 357, 31.12.2002, p. 1.

    ANNEX I

    Community programme: eligible actions and areas

    1.   Eligible actions and areas

    The Community programme concerns the conservation, characterisation, evaluation, collection, documentation, development and utilisation of genetic resources that currently occur within the territory of the Community. Eligible organisms are plants (seed-bearing plants), animals (vertebrates and certain invertebrates) and micro-organisms.

    The programme covers material that is actively growing and material that is dormant (seeds, embryos, semen and pollen). Ex situ, in situ and on farm collections are covered. All types of material are eligible including cultivars and domestic breeds, local breeds, breeders' material, genetic type collections, and wild species.

    Priority will be given to species which are, or which may reasonably be expected to become significant in agriculture, horticulture or forestry in the Community.

    Preference will be given to the use of genetic resources for:

    (a)

    diversification of production in agriculture;

    (b)

    improved product quality;

    (c)

    sustainable management and use of natural and agricultural resources;

    (d)

    improved quality of the environment and the countryside;

    (e)

    identification of products for new uses and markets.

    When collections are recorded and new collecting is undertaken, steps will be taken within the programme to ensure that the traditional regional experience and knowledge of the users (farmers, horticulturists) on methods of cultivation, specific uses, processing, taste, etc., are also included. The latter information should not be recorded as narrative but, as far as possible, in a standardised manner allowing documentation and easy retrieval of the data in a relational database system.

    All actions carried out under the programme shall be in conformity with Community legislation on the marketing of seed and propagating material and on the common catalogue, as well as with phytosanitary and the animal health and zootechnical rules in force in the Community.

    Appropriate steps, in accordance with the aims of the CAP and in conformity with Community international commitments, should be taken to promote the dissemination and exploitation of any results of work in the field of the conservation, characterisation, evaluation, collection, documentation, development and utilisation of genetic resources in agriculture which could contribute to the achievement of those aims and commitments. The main objective is to provide an efficient and practical support to the actual and future end users of genetic resources in the Community.

    2.   Excluded actions and areas

    The following actions are specifically not eligible for Community financial support under this programme: theoretical studies, studies to test hypotheses, studies to develop tools or techniques, work involving untested techniques or ‘model’ systems and all other research activities. Such actions are eligible for consideration under the Community research and technological development framework programmes. Adaptation of existing methods for the purpose of an activity within the Regulation might, however, be considered eligible for support under the Community programme.

    Actions that are eligible for support under the framework programme of the European Community for research, technological development and demonstration activities may not be supported.

    No support may be granted under this programme for commitments that are already under way in the Member States and/or eligible under Title II, Chapter VI, of Regulation (EC) No 1257/1999 as specified under Article 14 of Regulation (EC) No 445/2002. However, actions leading to synergy between Regulation (EC) No 1257/1999 and this programme should be encouraged.

    Actions involving lower animals, lower plants and micro-organisms, including fungi, are only eligible when these are reared or cultivated on land and when they are or could be of use in agriculture, including organisms which are suited for use as biological control agents in agriculture in its widest sense. Exception will be made in the specific case of defined gene-for-gene relationships between parasite or symbiont and host, and where both organisms are to be conserved. Collecting and acquisition of material is subject to the priorities stipulated above.

    3.   Types of actions

    The implementation of the Community programme for the conservation, characterisation, evaluation, collection, documentation, development and utilisation of genetic resources in agriculture includes targeted actions, concerted actions and accompanying actions. The following actions shall be promoted:

    3.1.   Targeted actions

    Actions aiming at the ex situ, in situ and on-farm conservation, characterisation, evaluation, collection, documentation, development and utilisation of genetic resources in agriculture are intended to support or complement, at Community level, work implemented at regional or national level. They shall be trans-national (taking, where appropriate, into account also bio-geographic regional aspects). These actions may not involve aid to maintain nature protection areas.

    The actions should add value (spreading knowledge, increasing use, improving methodologies, exchange between Member States) to the agri-environmental schemes for endangered species, provenance, cultivars or breeds already funded at national or regional level (e.g., characterisation of genetic diversity and distance between the respective breeds, utilisation of local products, coordination and search of commonalties between scheme managers).

    These actions must, as a general rule, be carried out by participants established within the Community and funded through the present facility, in partnership, when appropriate, with organisations from other regions of the world. Priority is to be given to actions providing for the participation of two or more unconnected participants established in different Member States. Participation by NGOs and other stakeholders in the field of in situ/on farm conservation should be promoted.

    The dissemination and exchange of European genetic resources should be promoted with a view to increasing the use of under-utilised species but also the use of a broad diversity of genetic resources in sustainable agricultural production.

    For plant genetic resources, a European decentralised, permanent and widely accessible web-based network of national inventories of the ex situ collections (gene banks), in situ facilities (resources) and databases on the basis of national inventories is currently available or being developed in the framework of the EPGRIS initiative. The development of national inventories of ex situ collections held in European countries, and a European search catalogue (Eurisco) should be established and further improved and inventories of in situ resources (genetic reserves or gene conservation units) should be developed.

    A European decentralised, permanent and widely accessible web-based inventory of forest genetic resources, including in situ resources (genetic reserves or gene conservation units) and ex situ collections should be established on the basis of national inventories and taking into consideration the activities of the Euforgen networking programme.

    For animal genetic resources maintained on farms, efforts should concentrate on a European network of national inventories of administrative aspects (origin and status of funding, state of breeds and their endangerment, location of herdbooks, …) which should be managed in conformity with DAD-IS, the information system for the Global Strategy for the Management of Farm Animal Genetic Resources (AnGR).

    For ex situ conservation of animal genetic resources (semen, embryos) a web-based network of national inventories and a European search catalogue for minimum passport data should be developed. The inventory is to consist principally of the establishment, regular updating and regular publication of the facilities (storage and conservation) for genetic resources in agriculture collected in the Community, and the listing of current work on the conservation, characterisation, evaluation, collection, documentation, development and utilisation of those genetic resources. Minimum passport data of individual accessions may be included.

    For microbial genetic resources, a web-based network of national inventories of ex situ and in situ resources should be established, in the framework of the European Biological Resource Centre Network (EBRCN).

    Regular exchanges of information between competent organisations in the Member States, in particular on the origins and individual characteristics of available genetic resources, shall be promoted. This will help establish a network of national inventories which will provide a guide to collections of conserved genetic resources and associated activities in the Community. The aims of the network of national inventories are to support the Community and national activities and encourage the widest possible knowledge and use of preserved material.

    Expenditure on the capacity building of NGO's, the establishment and monitoring of the inventories, regular exchanges of information between competent organisations in the Member States and the preparation of regular publications and reports, is to be covered from the total appropriations earmarked for the implementation of the programme.

    3.2.   Concerted actions

    Concerted actions are devoted to improve the coordination at Community level, mainly through the organisation of seminars and the preparation of reports, of individual (national, regional, local) actions for the conservation, characterisation, evaluation, collection, documentation, development and utilisation of genetic resources in agriculture that are already being carried out in the Member States. In particular, they should promote exchanges of information among the Member States and the Member States and the Commission on thematic issues and on specific local (on-farm), regional, or national actions and programmes (carried out or planned under the authority of Member States or by bodies not under their authority), including also actions which are or may be carried out under Regulation (EC) No 1257/1999, Council Regulations (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1) and (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs (2) or Council Directive 98/95/EC of 14 December 1998 amending, in respect of the consolidation of the internal market, genetically modified plant varieties and plant genetic resources, Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant species (3), for the purposes of coordinating these initiatives with each other, with measures to be undertaken at Community level and with relevant international processes, developments and agreements. Concerted actions could also involve coordination activities on thematic issues (specific crop or animal genetic resources) through specialised technical groups. The concerted actions shall be transnational.

    3.3.   Accompanying actions

    Specific accompanying actions shall include information, dissemination and advisory actions involving:

    —

    the organisation of seminars, technical conferences, workshops, occasional meetings with NGOs and other interested bodies and relevant stakeholders,

    —

    training courses and mobility schemes for specialists,

    —

    preparation of technical reports,

    —

    the promotion of the utilisation of results by the market (users).

    4.   Targeted actions: more details about eligible areas

    4.1.   Crop genetic resources

    1.

    Development of a web-based, permanent and widely accessible network of national inventories on crop genetic resources (in situ and ex situ); maintenance and further improvement of Eurisco.

    2.

    Information exchange on methods, techniques and experiences of on-farm activities, including utilisation and marketing concepts that may promote the use of under-utilised crops and contribute to the diversification of agriculture.

    3.

    Inventory and documentation of in situ resources of wild crop relatives that are used or potentially useful for food and agriculture.

    4.

    Establishment, maintenance and improvement of web-based European Central Crop Databases (ECCDBs) with characterisation and evaluation data and linked to the network of national inventories and to the Eurisco catalogue for the passport level data.

    5.

    Establishment and coordination of permanent European ex situ collections based upon the existing national or institutional ex situ collections, implementing concepts for sharing of responsibilities for the conservation of crop genetic resources among European countries.

    6.

    Establishment and coordination of a European network of conservation and demonstration fields/gardens of endangered and under-utilised crop genetic resources.

    7.

    Characterisation and evaluation of crop genetic resources that could be of interest for European agriculture.

    8.

    Collecting, in conformity with international law and obligations, of crop genetic resources that could be of interest for European agriculture.

    4.2.   Forest genetic resources

    1.

    Establishment of a web-based, permanent and widely accessible network of national inventories on forest genetic resources that are used or potentially useful for sustainable forest management in Europe.

    2.

    Information exchange on methods, techniques and experiences on forest genetic resource conservation and management.

    3.

    Assessment and development of best operational management practices for forest genetic resources and integration of related activities into national forest programmes;.

    4.

    Establishment of European networks of representative genetic reserves or gene conservation units for relevant target species in order to improve conservation and characterisation at European level.

    5.

    Evaluation of forest genetic resources at species and provenance level (including evaluation of trials in the case of existing provenance experiments) that could be of value for sustainable forest management in Europe.

    6.

    Establishment and coordination of collections to promote the use of genetic resources for afforestation, reforestation, rehabilitation and tree improvement purposes at the European level.

    7.

    Collecting of forest genetic resources that could be of interest at the European level.

    4.3.   Animal genetic resources

    1.

    Establishment of a web-based, permanent and widely accessible European network of national inventories of animal genetic resources ex situ and in situ/on farm taking into account activities within the framework of the European National Coordinators for animal genetic resources and linked to the FAO/DAD-IS system.

    2.

    Development of European-wide standardised and comparable criteria to identify the national priorities for action in the field of sustainable conservation and utilisation of animal genetic resources and related requirements for international cooperation.

    3.

    Establishment of European cryo-conserves for animal genetic resources based upon national or institutional cryo-conserves.

    4.

    Characterisation and evaluation of animal genetic resources (species and breeds) used or potentially useful for food and agriculture.

    5.

    Establishment of a standardised European performance testing regime for animal genetic resources in agriculture, and documentation of characteristics of endangered farm animal breeds and populations.

    6.

    Establishment and coordination of a European-wide network of ‘ark farms’, rescue-stations and farm animal parks for endangered European farm animal breed;

    7.

    Development of common cross-national breeding programmes for endangered breeds and populations. Establishment of rules for the exchange of information, genetic material and breeding animals.

    8.

    Development of strategies which support the enhancement of profitability of local breeds in order to develop links between local breeds and their typical products, to identify and to promote the value of local breeds for their environmental services (e.g. landscape conservation, agro-ecosystems management) and for their contribution to the multifunctional character of agriculture (e.g. maintenance of rural cultural diversity, rural development and tourism, etc.).

    9.

    Development of strategies which promote the utilisation of under-utilised animal genetic resources that could be of interest on a European level.

    (1)   OJ L 208, 24.7.1992, p. 1. Regulation as last amended by regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

    (2)   OJ L 208, 24.7.1992, p. 9. Regulation as last amended by Regulation (EC) No 806/2003.

    (3)   OJ L 25, 1.2.1999, p. 1.

    ANNEX II

    Indicative financial breakdown for the Community programme

     

    %

    Actions

    90

    Targeted actions

    73

    —

    for the promotion of ex situ and in situ conservation, characterisation, collection and utilisation of genetic resources in agriculture to promote or complement, at Community level, work implemented at regional or national level.

    (53)

    —

    for developing European decentralised, permanent and widely accessible web-based inventories of genetic resources in agriculture (in particular, their origins and their characteristics), conservation activities, facilities and databases currently available or being developed in the Community.

    (20)

    Concerted actions

    9

    Exchange of information on thematic issues on national actions and programmes for the purpose of improving the coordination of these initiatives as well as with measures undertaken at Community level and with developments in international negotiations.

     

    Accompanying actions

    8

    Information, dissemination and advisory actions involving the organisation of seminars, technical conferences, meetings with NGOs and other relevant stakeholders, training courses and the preparation of technical reports.

     

    Technical assistance and consultation of experts (evaluation)

    10 (8+2)

    Total

    100

    30.9.2004   

    EN

    Official Journal of the European Union

    L 304/12

    COUNCIL DIRECTIVE 2004/83/EC

    of 29 April 2004

    on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted

    THE COUNCIL OF THE EUROPEAN UNION,

    Having regard to the Treaty establishing the European Community, and in particular points 1(c), 2(a) and 3(a) of Article 63 thereof,

    Having regard to the proposal from the Commission (1),

    Having regard to the opinion of the European Parliament (2),

    Having regard to the opinion of the European Economic and Social Committee (3),

    Having regard to the opinion of the Committee of the Regions (4),

    Whereas:

    (1)

    A common policy on asylum, including a Common European Asylum System, is a constituent part of the European Union's objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Community.

    (2)

    The European Council at its special meeting in Tampere on 15 and 16 October 1999 agreed to work towards establishing a Common European Asylum System, based on the full and inclusive application of the Geneva Convention relating to the Status of Refugees of 28 July 1951 (Geneva Convention), as supplemented by the New York Protocol of 31 January 1967 (Protocol), thus affirming the principle of non-refoulement and ensuring that nobody is sent back to persecution.

    (3)

    The Geneva Convention and Protocol provide the cornerstone of the international legal regime for the protection of refugees.

    (4)

    The Tampere conclusions provide that a Common European Asylum System should include, in the short term, the approximation of rules on the recognition of refugees and the content of refugee status.

    (5)

    The Tampere conclusions also provide that rules regarding refugee status should be complemented by measures on subsidiary forms of protection, offering an appropriate status to any person in need of such protection.

    (6)

    The main objective of this Directive is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection, and, on the other hand, to ensure that a minimum level of benefits is available for these persons in all Member States.

    (7)

    The approximation of rules on the recognition and content of refugee and subsidiary protection status should help to limit the secondary movements of applicants for asylum between Member States, where such movement is purely caused by differences in legal frameworks.

    (8)

    It is in the very nature of minimum standards that Member States should have the power to introduce or maintain more favourable provisions for third country nationals or stateless persons who request international protection from a Member State, where such a request is understood to be on the grounds that the person concerned is either a refugee within the meaning of Article 1(A) of the Geneva Convention, or a person who otherwise needs international protection.

    (9)

    Those third country nationals or stateless persons, who are allowed to remain in the territories of the Member States for reasons not due to a need for international protection but on a discretionary basis on compassionate or humanitarian grounds, fall outside the scope of this Directive.

    (10)

    This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Directive seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members.

    (11)

    With respect to the treatment of persons falling within the scope of this Directive, Member States are bound by obligations under instruments of international law to which they are party and which prohibit discrimination.

    (12)

    The ‘best interests of the child’ should be a primary consideration of Member States when implementing this Directive.

    (13)

    This Directive is without prejudice to the Protocol on asylum for nationals of Member States of the European Union as annexed to the Treaty Establishing the European Community.

    (14)

    The recognition of refugee status is a declaratory act.

    (15)

    Consultations with the United Nations High Commissioner for Refugees may provide valuable guidance for Member States when determining refugee status according to Article 1 of the Geneva Convention.

    (16)

    Minimum standards for the definition and content of refugee status should be laid down to guide the competent national bodies of Member States in the application of the Geneva Convention.

    (17)

    It is necessary to introduce common criteria for recognising applicants for asylum as refugees within the meaning of Article 1 of the Geneva Convention.

    (18)

    In particular, it is necessary to introduce common concepts of protection needs arising sur place; sources of harm and protection; internal protection; and persecution, including the reasons for persecution.

    (19)

    Protection can be provided not only by the State but also by parties or organisations, including international organisations, meeting the conditions of this Directive, which control a region or a larger area within the territory of the State.

    (20)

    It is necessary, when assessing applications from minors for international protection, that Member States should have regard to child-specific forms of persecution.

    (21)

    It is equally necessary to introduce a common concept of the persecution ground ‘membership of a particular social group’.

    (22)

    Acts contrary to the purposes and principles of the United Nations are set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations and are, amongst others, embodied in the United Nations Resolutions relating to measures combating terrorism, which declare that ‘acts, methods and practices of terrorism are contrary to the purposes and principles of the United Nations’ and that ‘knowingly financing, planning and inciting terrorist acts are also contrary to the purposes and principles of the United Nations’.

    (23)

    As referred to in Article 14, ‘status’ can also include refugee status.

    (24)

    Minimum standards for the definition and content of subsidiary protection status should also be laid down. Subsidiary protection should be complementary and additional to the refugee protection enshrined in the Geneva Convention.

    (25)

    It is necessary to introduce criteria on the basis of which applicants for international protection are to be recognised as eligible for subsidiary protection. Those criteria should be drawn from international obligations under human rights instruments and practices existing in Member States.

    (26)

    Risks to which a population of a country or a section of the population is generally exposed do normally not create in themselves an individual threat which would qualify as serious harm.

    (27)

    Family members, merely due to their relation to the refugee, will normally be vulnerable to acts of persecution in such a manner that could be the basis for refugee status.

    (28)

    The notion of national security and public order also covers cases in which a third country national belongs to an association which supports international terrorism or supports such an association.

    (29)

    While the benefits provided to family members of beneficiaries of subsidiary protection status do not necessarily have to be the same as those provided to the qualifying beneficiary, they need to be fair in comparison to those enjoyed by beneficiaries of subsidiary protection status.

    (30)

    Within the limits set out by international obligations, Member States may lay down that the granting of benefits with regard to access to employment, social welfare, health care and access to integration facilities requires the prior issue of a residence permit.

    (31)

    This Directive does not apply to financial benefits from the Member States which are granted to promote education and training.

    (32)

    The practical difficulties encountered by beneficiaries of refugee or subsidiary protection status concerning the authentication of their foreign diplomas, certificates or other evidence of formal qualification should be taken into account.

    (33)

    Especially to avoid social hardship, it is appropriate, for beneficiaries of refugee or subsidiary protection status, to provide without discrimination in the context of social assistance the adequate social welfare and means of subsistence.

    (34)

    With regard to social assistance and health care, the modalities and detail of the provision of core benefits to beneficiaries of subsidiary protection status should be determined by national law. The possibility of limiting the benefits for beneficiaries of subsidiary protection status to core benefits is to be understood in the sense that this notion covers at least minimum income support, assistance in case of illness, pregnancy and parental assistance, in so far as they are granted to nationals according to the legislation of the Member State concerned.

    (35)

    Access to health care, including both physical and mental health care, should be ensured to beneficiaries of refugee or subsidiary protection status.

    (36)

    The implementation of this Directive should be evaluated at regular intervals, taking into consideration in particular the evolution of the international obligations of Member States regarding non-refoulement, the evolution of the labour markets in the Member States as well as the development of common basic principles for integration.

    (37)

    Since the objectives of the proposed Directive, namely to establish minimum standards for the granting of international protection to third country nationals and stateless persons by Member States and the content of the protection granted, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the Directive, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

    (38)

    In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified, by letter of 28 January 2002, its wish to take part in the adoption and application of this Directive.

    (39)

    In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland has notified, by letter of 13 February 2002, its wish to take part in the adoption and application of this Directive.

    (40)

    In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application,

    HAS ADOPTED THIS DIRECTIVE,

    CHAPTER I

    GENERAL PROVISIONS

    Article 1

    Subject matter and scope

    The purpose of this Directive is to lay down minimum standards for the qualification of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted.

    Article 2

    Definitions

    For the purposes of this Directive:

    (a)

    ‘international protection’ means the refugee and subsidiary protection status as defined in (d) and (f);

    (b)

    ‘Geneva Convention’ means the Convention relating to the status of refugees done at Geneva on 28 July 1951, as amended by the New York Protocol of 31 January 1967;

    (c)

    ‘refugee’ means a third country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 does not apply;

    (d)

    ‘refugee status’ means the recognition by a Member State of a third country national or a stateless person as a refugee;

    (e)

    ‘person eligible for subsidiary protection’ means a third country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15, and to whom Article 17(1) and (2) do not apply, and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country;

    (f)

    ‘subsidiary protection status’ means the recognition by a Member State of a third country national or a stateless person as a person eligible for subsidiary protection;

    (g)

    ‘application for international protection’ means a request made by a third country national or a stateless person for protection from a Member State, who can be understood to seek refugee status or subsidiary protection status, and who does not explicitly request another kind of protection, outside the scope of this Directive, that can be applied for separately;

    (h)

    ‘family members’ means, insofar as the family already existed in the country of origin, the following members of the family of the beneficiary of refugee or subsidiary protection status who are present in the same Member State in relation to the application for international protection:

    —

    the spouse of the beneficiary of refugee or subsidiary protection status or his or her unmarried partner in a stable relationship, where the legislation or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to aliens,

    —

    the minor children of the couple referred to in the first indent or of the beneficiary of refugee or subsidiary protection status, on condition that they are unmarried and dependent and regardless of whether they were born in or out of wedlock or adopted as defined under the national law;

    (i)

    ‘unaccompanied minors’ means third-country nationals or stateless persons below the age of 18, who arrive on the territory of the Member States unaccompanied by an adult responsible for them whether by law or custom, and for as long as they are not effectively taken into the care of such a person; it includes minors who are left unaccompanied after they have entered the territory of the Member States;

    (j)

    ‘residence permit’ means any permit or authorisation issued by the authorities of a Member State, in the form provided for under that State's legislation, allowing a third country national or stateless person to reside on its territory;

    (k)

    ‘country of origin’ means the country or countries of nationality or, for stateless persons, of former habitual residence.

    Article 3

    More favourable standards

    Member States may introduce or retain more favourable standards for determining who qualifies as a refugee or as a person eligible for subsidiary protection, and for determining the content of international protection, in so far as those standards are compatible with this Directive.

    CHAPTER II

    ASSESSMENT OF APPLICATIONS FOR INTERNATIONAL PROTECTION

    Article 4

    Assessment of facts and circumstances

    1.   Member States may consider it the duty of the applicant to submit as soon as possible all elements needed to substantiate the application for international protection. In cooperation with the applicant it is the duty of the Member State to assess the relevant elements of the application.

    2.   The elements referred to in of paragraph 1 consist of the applicant's statements and all documentation at the applicants disposal regarding the applicant's age, background, including that of relevant relatives, identity, nationality(ies), country(ies) and place(s) of previous residence, previous asylum applications, travel routes, identity and travel documents and the reasons for applying for international protection.

    3.   The assessment of an application for international protection is to be carried out on an individual basis and includes taking into account:

    (a)

    all relevant facts as they relate to the country of origin at the time of taking a decision on the application; including laws and regulations of the country of origin and the manner in which they are applied;

    (b)

    the relevant statements and documentation presented by the applicant including information on whether the applicant has been or may be subject to persecution or serious harm;

    (c)

    the individual position and personal circumstances of the applicant, including factors such as background, gender and age, so as to assess whether, on the basis of the applicant's personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm;

    (d)

    whether the applicant's activities since leaving the country of origin were engaged in for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether these activities will expose the applicant to persecution or serious harm if returned to that country;

    (e)

    whether the applicant could reasonably be expected to avail himself of the protection of another country where he could assert citizenship.

    4.   The fact that an applicant has already been subject to persecution or serious harm or to direct threats of such persecution or such harm, is a serious indication of the applicant's well-founded fear of persecution or real risk of suffering serious harm, unless there are good reasons to consider that such persecution or serious harm will not be repeated.

    5.   Where Member States apply the principle according to which it is the duty of the applicant to substantiate the application for international protection and where aspects of the applicant's statements are not supported by documentary or other evidence, those aspects shall not need confirmation, when the following conditions are met:

    (a)

    the applicant has made a genuine effort to substantiate his application;

    (b)

    all relevant elements, at the applicant's disposal, have been submitted, and a satisfactory explanation regarding any lack of other relevant elements has been given;

    (c)

    the applicant's statements are found to be coherent and plausible and do not run counter to available specific and general information relevant to the applicant's case;

    (d)

    the applicant has applied for international protection at the earliest possible time, unless the applicant can demonstrate good reason for not having done so; and

    (e)

    the general credibility of the applicant has been established.

    Article 5

    International protection needs arising sur place

    1.   A well-founded fear of being persecuted or a real risk of suffering serious harm may be based on events which have taken place since the applicant left the country of origin.

    2.   A well-founded fear of being persecuted or a real risk of suffering serious harm may be based on activities which have been engaged in by the applicant since he left the country of origin, in particular where it is established that the activities relied upon constitute the expression and continuation of convictions or orientations held in the country of origin.

    3.   Without prejudice to the Geneva Convention, Member States may determine that an applicant who files a subsequent application shall normally not be granted refugee status, if the risk of persecution is based on circumstances which the applicant has created by his own decision since leaving the country of origin.

    Article 6

    Actors of persecution or serious harm

    Actors of persecution or serious harm include:

    (a)

    the State;

    (b)

    parties or organisations controlling the State or a substantial part of the territory of the State;

    (c)

    non-State actors, if it can be demonstrated that the actors mentioned in (a) and (b), including international organisations, are unable or unwilling to provide protection against persecution or serious harm as defined in Article 7.

    Article 7

    Actors of protection

    1.   Protection can be provided by:

    (a)

    the State; or

    (b)

    parties or organisations, including international organisations, controlling the State or a substantial part of the territory of the State.

    2.   Protection is generally provided when the actors mentioned in paragraph 1 take reasonable steps to prevent the persecution or suffering of serious harm, inter alia, by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and the applicant has access to such protection.

    3.   When assessing whether an international organisation controls a State or a substantial part of its territory and provides protection as described in paragraph 2, Member States shall take into account any guidance which may be provided in relevant Council acts.

    Article 8

    Internal protection

    1.   As part of the assessment of the application for international protection, Member States may determine that an applicant is not in need of international protection if in a part of the country of origin there is no well-founded fear of being persecuted or no real risk of suffering serious harm and the applicant can reasonably be expected to stay in that part of the country.

    2.   In examining whether a part of the country of origin is in accordance with paragraph 1, Member States shall at the time of taking the decision on the application have regard to the general circumstances prevailing in that part of the country and to the personal circumstances of the applicant.

    3.   Paragraph 1 may apply notwithstanding technical obstacles to return to the country of origin.

    CHAPTER III

    QUALIFICATION FOR BEING A REFUGEE

    Article 9

    Acts of persecution

    1.   Acts of persecution within the meaning of article 1 A of the Geneva Convention must:

    (a)

    be sufficiently serious by their nature or repetition as to constitute a severe violation of basic human rights, in particular the rights from which derogation cannot be made under Article 15(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms; or

    (b)

    be an accumulation of various measures, including violations of human rights which is sufficiently severe as to affect an individual in a similar manner as mentioned in (a).

    2.   Acts of persecution as qualified in paragraph 1, can, inter alia, take the form of:

    (a)

    acts of physical or mental violence, including acts of sexual violence;

    (b)

    legal, administrative, police, and/or judicial measures which are in themselves discriminatory or which are implemented in a discriminatory manner;

    (c)

    prosecution or punishment, which is disproportionate or discriminatory;

    (d)

    denial of judicial redress resulting in a disproportionate or discriminatory punishment;

    (e)

    prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts falling under the exclusion clauses as set out in Article 12(2);

    (f)

    acts of a gender-specific or child-specific nature.

    3.   In accordance with Article 2(c), there must be a connection between the reasons mentioned in Article 10 and the acts of persecution as qualified in paragraph 1.

    Article 10

    Reasons for persecution

    1.   Member States shall take the following elements into account when assessing the reasons for persecution:

    (a)

    the concept of race shall in particular include considerations of colour, descent, or membership of a particular ethnic group;

    (b)

    the concept of religion shall in particular include the holding of theistic, non-theistic and atheistic beliefs, the participation in, or abstention from, formal worship in private or in public, either alone or in community with others, other religious acts or expressions of view, or forms of personal or communal conduct based on or mandated by any religious belief;

    (c)

    the concept of nationality shall not be confined to citizenship or lack thereof but shall in particular include membership of a group determined by its cultural, ethnic, or linguistic identity, common geographical or political origins or its relationship with the population of another State;

    (d)

    a group shall be considered to form a particular social group where in particular:

    —

    members of that group share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it, and

    —

    that group has a distinct identity in the relevant country, because it is perceived as being different by the surrounding society;

    depending on the circumstances in the country of origin, a particular social group might include a group based on a common characteristic of sexual orientation. Sexual orientation cannot be understood to include acts considered to be criminal in accordance with national law of the Member States: Gender related aspects might be considered, without by themselves alone creating a presumption for the applicability of this Article;

    (e)

    the concept of political opinion shall in particular include the holding of an opinion, thought or belief on a matter related to the potential actors of persecution mentioned in Article 6 and to their policies or methods, whether or not that opinion, thought or belief has been acted upon by the applicant.

    2.   When assessing if an applicant has a well-founded fear of being persecuted it is immaterial whether the applicant actually possesses the racial, religious, national, social or political characteristic which attracts the persecution, provided that such a characteristic is attributed to the applicant by the actor of persecution.

    Article 11

    Cessation

    1.   A third country national or a stateless person shall cease to be a refugee, if he or she:

    (a)

    has voluntarily re-availed himself or herself of the protection of the country of nationality; or

    (b)

    having lost his or her nationality, has voluntarily re-acquired it; or

    (c)

    has acquired a new nationality, and enjoys the protection of the country of his or her new nationality; or

    (d)

    has voluntarily re-established himself or herself in the country which he or she left or outside which he or she remained owing to fear of persecution; or

    (e)

    can no longer, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, continue to refuse to avail himself or herself of the protection of the country of nationality;

    (f)

    being a stateless person with no nationality, he or she is able, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, to return to the country of former habitual residence.

    2.   In considering points (e) and (f) of paragraph 1, Member States shall have regard to whether the change of circumstances is of such a significant and non-temporary nature that the refugee's fear of persecution can no longer be regarded as well-founded.

    Article 12

    Exclusion

    1.   A third country national or a stateless person is excluded from being a refugee, if:

    (a)

    he or she falls within the scope of Article 1 D of the Geneva Convention, relating to protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees. When such protection or assistance has ceased for any reason, without the position of such persons being definitely settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, these persons shall ipso facto be entitled to the benefits of this Directive;

    (b)

    he or she is recognised by the competent authorities of the country in which he or she has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country; or rights and obligations equivalent to those.

    2.   A third country national or a stateless person is excluded from being a refugee where there are serious reasons for considering that:

    (a)

    he or she has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;

    (b)

    he or she has committed a serious non-political crime outside the country of refuge prior to his or her admission as a refugee; which means the time of issuing a residence permit based on the granting of refugee status; particularly cruel actions, even if committed with an allegedly political objective, may be classified as serious non-political crimes;

    (c)

    he or she has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations.

    3.   Paragraph 2 applies to persons who instigate or otherwise participate in the commission of the crimes or acts mentioned therein.

    CHAPTER IV

    REFUGEE STATUS

    Article 13

    Granting of refugee status

    Member States shall grant refugee status to a third country national or a stateless person, who qualifies as a refugee in accordance with Chapters II and III.

    Article 14

    Revocation of, ending of or refusal to renew refugee status

    1.   Concerning applications for international protection filed after the entry into force of this Directive, Member States shall revoke, end or refuse to renew the refugee status of a third country national or a stateless person granted by a governmental, administrative, judicial or quasi-judicial body, if he or she has ceased to be a refugee in accordance with Article 11.

    2.   Without prejudice to the duty of the refugee in accordance with Article 4(1) to disclose all relevant facts and provide all relevant documentation at his/her disposal, the Member State, which has granted refugee status, shall on an individual basis demonstrate that the person concerned has ceased to be or has never been a refugee in accordance with paragraph 1 of this Article.

    3.   Member States shall revoke, end or refuse to renew the refugee status of a third country national or a stateless person, if, after he or she has been granted refugee status, it is established by the Member State concerned that:

    (a)

    he or she should have been or is excluded from being a refugee in accordance with Article 12;

    (b)

    his or her misrepresentation or omission of facts, including the use of false documents, were decisive for the granting of refugee status.

    4.   Member States may revoke, end or refuse to renew the status granted to a refugee by a governmental, administrative, judicial or quasi-judicial body, when:

    (a)

    there are reasonable grounds for regarding him or her as a danger to the security of the Member State in which he or she is present;

    (b)

    he or she, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that Member State.

    5.   In situations described in paragraph 4, Member States may decide not to grant status to a refugee, where such a decision has not yet been taken.

    6.   Persons to whom paragraphs 4 or 5 apply are entitled to rights set out in or similar to those set out in Articles 3, 4, 16, 22, 31 and 32 and 33 of the Geneva Convention in so far as they are present in the Member State.

    CHAPTER V

    QUALIFICATION FOR SUBSIDIARY PROTECTION

    Article 15

    Serious harm

    Serious harm consists of:

    (a)

    death penalty or execution; or

    (b)

    torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or

    (c)

    serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

    Article 16

    Cessation

    1.   A third country national or a stateless person shall cease to be eligible for subsidiary protection when the circumstances which led to the granting of subsidiary protection status have ceased to exist or have changed to such a degree that protection is no longer required.

    2.   In applying paragraph 1, Member States shall have regard to whether the change of circumstances is of such a significant and non-temporary nature that the person eligible for subsidiary protection no longer faces a real risk of serious harm.

    Article 17

    Exclusion

    1.   A third country national or a stateless person is excluded from being eligible for subsidiary protection where there are serious reasons for considering that:

    (a)

    he or she has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;

    (b)

    he or she has committed a serious crime;

    (c)

    he or she has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations;

    (d)

    he or she constitutes a danger to the community or to the security of the Member State in which he or she is present.

    2.   Paragraph 1 applies to persons who instigate or otherwise participate in the commission of the crimes or acts mentioned therein.

    3.   Member States may exclude a third country national or a stateless person from being eligible for subsidiary protection, if he or she prior to his or her admission to the Member State has committed one or more crimes, outside the scope of paragraph 1, which would be punishable by imprisonment, had they been committed in the Member State concerned, and if he or she left his or her country of origin solely in order to avoid sanctions resulting from these crimes.

    CHAPTER VI

    SUBSIDIARY PROTECTION STATUS

    Article 18

    Granting of subsidiary protection status

    Member States shall grant subsidiary protection status to a third country national or a stateless person eligible for subsidiary protection in accordance with Chapters II and V.

    Article 19

    Revocation of, ending of or refusal to renew subsidiary protection status

    1.   Concerning applications for international protection filed after the entry into force of this Directive, Member States shall revoke, end or refuse to renew the subsidiary protection status of a third country national or a stateless person granted by a governmental, administrative, judicial or quasi-judicial body, if he or she has ceased to be eligible for subsidiary protection in accordance with Article 16.

    2.   Member States may revoke, end or refuse to renew the subsidiary protection status of a third country national or a stateless person granted by a governmental, administrative, judicial or quasi-judicial body, if after having been granted subsidiary protection status, he or she should have been excluded from being eligible for subsidiary protection in accordance with Article 17(3).

    3.   Member States shall revoke, end or refuse to renew the subsidiary protection status of a third country national or a stateless person, if:

    (a)

    he or she, after having been granted subsidiary protection status, should have been or is excluded from being eligible for subsidiary protection in accordance with Article 17(1) and (2);

    (b)

    his or her misrepresentation or omission of facts, including the use of false documents, were decisive for the granting of subsidiary protection status.

    4.   Without prejudice to the duty of the third country national or stateless person in accordance with Article 4(1) to disclose all relevant facts and provide all relevant documentation at his/her disposal, the Member State, which has granted the subsidiary protection status, shall on an individual basis demonstrate that the person concerned has ceased to be or is not eligible for subsidiary protection in accordance with paragraphs 1, 2 and 3 of this Article.

    CHAPTER VII

    CONTENT OF INTERNATIONAL PROTECTION

    Article 20

    General rules

    1.   This Chapter shall be without prejudice to the rights laid down in the Geneva Convention.

    2.   This Chapter shall apply both to refugees and persons eligible for subsidiary protection unless otherwise indicated.

    3.   When implementing this Chapter, Member States shall take into account the specific situation of vulnerable persons such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence.

    4.   Paragraph 3 shall apply only to persons found to have special needs after an individual evaluation of their situation.

    5.   The best interest of the child shall be a primary consideration for Member States when implementing the provisions of this Chapter that involve minors.

    6.   Within the limits set out by the Geneva Convention, Member States may reduce the benefits of this Chapter, granted to a refugee whose refugee status has been obtained on the basis of activities engaged in for the sole or main purpose of creating the necessary conditions for being recognised as a refugee.

    7.   Within the limits set out by international obligations of Member States, Member States may reduce the benefits of this Chapter, granted to a person eligible for subsidiary protection, whose subsidiary protection status has been obtained on the basis of activities engaged in for the sole or main purpose of creating the necessary conditions for being recognised as a person eligible for subsidiary protection.

    Article 21

    Protection from refoulement

    1.   Member States shall respect the principle of non-refoulement in accordance with their international obligations.

    2.   Where not prohibited by the international obligations mentioned in paragraph 1, Member States may refoule a refugee, whether formally recognised or not, when:

    (a)

    there are reasonable grounds for considering him or her as a danger to the security of the Member State in which he or she is present; or

    (b)

    he or she, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that Member State.

    3.   Member States may revoke, end or refuse to renew or to grant the residence permit of (or to) a refugee to whom paragraph 2 applies.

    Article 22

    Information

    Member States shall provide persons recognised as being in need of international protection, as soon as possible after the respective protection status has been granted, with access to information, in a language likely to be understood by them, on the rights and obligations relating to that status.

    Article 23

    Maintaining family unity

    1.   Member States shall ensure that family unity can be maintained.

    2.   Member States shall ensure that family members of the beneficiary of refugee or subsidiary protection status, who do not individually qualify for such status, are entitled to claim the benefits referred to in Articles 24 to 34, in accordance with national procedures and as far as it is compatible with the personal legal status of the family member.

    In so far as the family members of beneficiaries of subsidiary protection status are concerned, Member States may define the conditions applicable to such benefits.

    In these cases, Member States shall ensure that any benefits provided guarantee an adequate standard of living.

    3.   Paragraphs 1 and 2 are not applicable where the family member is or would be excluded from refugee or subsidiary protection status pursuant to Chapters III and V.

    4.   Notwithstanding paragraphs 1 and 2, Member States may refuse, reduce or withdraw the benefits referred therein for reasons of national security or public order.

    5.   Member States may decide that this Article also applies to other close relatives who lived together as part of the family at the time of leaving the country of origin, and who were wholly or mainly dependent on the beneficiary of refugee or subsidiary protection status at that time.

    Article 24

    Residence permits

    1.   As soon as possible after their status has been granted, Member States shall issue to beneficiaries of refugee status a residence permit which must be valid for at least three years and renewable unless compelling reasons of national security or public order otherwise require, and without prejudice to Article 21(3).

    Without prejudice to Article 23(1), the residence permit to be issued to the family members of the beneficiaries of refugee status may be valid for less than three years and renewable.

    2.   As soon as possible after the status has been granted, Member States shall issue to beneficiaries of subsidiary protection status a residence permit which must be valid for at least one year and renewable, unless compelling reasons of national security or public order otherwise require.

    Article 25

    Travel document

    1.   Member States shall issue to beneficiaries of refugee status travel documents in the form set out in the Schedule to the Geneva Convention, for the purpose of travel outside their territory unless compelling reasons of national security or public order otherwise require.

    2.   Member States shall issue to beneficiaries of subsidiary protection status who are unable to obtain a national passport, documents which enable them to travel, at least when serious humanitarian reasons arise that require their presence in another State, unless compelling reasons of national security or public order otherwise require.

    Article 26

    Access to employment

    1.   Member States shall authorise beneficiaries of refugee status to engage in employed or self-employed activities subject to rules generally applicable to the profession and to the public service, immediately after the refugee status has been granted.

    2.   Member States shall ensure that activities such as employment-related education opportunities for adults, vocational training and practical workplace experience are offered to beneficiaries of refugee status, under equivalent conditions as nationals.

    3.   Member States shall authorise beneficiaries of subsidiary protection status to engage in employed or self-employed activities subject to rules generally applicable to the profession and to the public service immediately after the subsidiary protection status has been granted. The situation of the labour market in the Member States may be taken into account, including for possible prioritisation of access to employment for a limited period of time to be determined in accordance with national law. Member States shall ensure that the beneficiary of subsidiary protection status has access to a post for which the beneficiary has received an offer in accordance with national rules on prioritisation in the labour market.

    4.   Member States shall ensure that beneficiaries of subsidiary protection status have access to activities such as employment-related education opportunities for adults, vocational training and practical workplace experience, under conditions to be decided by the Member States.

    5.   The law in force in the Member States applicable to remuneration, access to social security systems relating to employed or self-employed activities and other conditions of employment shall apply.

    Article 27

    Access to education

    1.   Member States shall grant full access to the education system to all minors granted refugee or subsidiary protection status, under the same conditions as nationals.

    2.   Member States shall allow adults granted refugee or subsidiary protection status access to the general education system, further training or retraining, under the same conditions as third country nationals legally resident.

    3.   Member States shall ensure equal treatment between beneficiaries of refugee or subsidiary protection status and nationals in the context of the existing recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications.

    Article 28

    Social welfare

    1.   Member States shall ensure that beneficiaries of refugee or subsidiary protection status receive, in the Member State that has granted such statuses, the necessary social assistance, as provided to nationals of that Member State.

    2.   By exception to the general rule laid down in paragraph 1, Member States may limit social assistance granted to beneficiaries of subsidiary protection status to core benefits which will then be provided at the same levels and under the same eligibility conditions as nationals.

    Article 29

    Health care

    1.   Member States shall ensure that beneficiaries of refugee or subsidiary protection status have access to health care under the same eligibility conditions as nationals of the Member State that has granted such statuses.

    2.   By exception to the general rule laid down in paragraph 1, Member States may limit health care granted to beneficiaries of subsidiary protection to core benefits which will then be provided at the same levels and under the same eligibility conditions as nationals.

    3.   Member States shall provide, under the same eligibility conditions as nationals of the Member State that has granted the status, adequate health care to beneficiaries of refugee or subsidiary protection status who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict.

    Article 30

    Unaccompanied minors

    1.   As soon as possible after the granting of refugee or subsidiary protection status Member States shall take the necessary measures, to ensure the representation of unaccompanied minors by legal guardianship or, where necessary, by an organisation responsible for the care and well-being of minors, or by any other appropriate representation including that based on legislation or Court order.

    2.   Member States shall ensure that the minor's needs are duly met in the implementation of this Directive by the appointed guardian or representative. The appropriate authorities shall make regular assessments.

    3.   Member States shall ensure that unaccompanied minors are placed either:

    (a)

    with adult relatives; or

    (b)

    with a foster family; or

    (c)

    in centres specialised in accommodation for minors; or

    (d)

    in other accommodation suitable for minors.

    In In this context, the views of the child shall be taken into account in accordance with his or her age and degree of maturity.

    4.   As far as possible, siblings shall be kept together, taking into account the best interests of the minor concerned and, in particular, his or her age and degree of maturity. Changes of residence of unaccompanied minors shall be limited to a minimum.

    5.   Member States, protecting the unaccompanied minor's best interests, shall endeavour to trace the members of the minor's family as soon as possible. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis.

    6.   Those working with unaccompanied minors shall have had or receive appropriate training concerning their needs.

    Article 31

    Access to accommodation

    The Member States shall ensure that beneficiaries of refugee or subsidiary protection status have access to accommodation under equivalent conditions as other third country nationals legally resident in their territories.

    Article 32

    Freedom of movement within the Member State

    Member States shall allow freedom of movement within their territory to beneficiaries of refugee or subsidiary protection status, under the same conditions and restrictions as those provided for other third country nationals legally resident in their territories.

    Article 33

    Access to integration facilities

    1.   In order to facilitate the integration of refugees into society, Member States shall make provision for integration programmes which they consider to be appropriate or create pre-conditions which guarantee access to such programmes.

    2.   Where it is considered appropriate by Member States, beneficiaries of subsidiary protection status shall be granted access to integration programmes.

    Article 34

    Repatriation

    Member States may provide assistance to beneficiaries of refugee or subsidiary protection status who wish to repatriate.

    CHAPTER VIII

    ADMINISTRATIVE COOPERATION

    Article 35

    Cooperation

    Member States shall each appoint a national contact point, whose address they shall communicate to the Commission, which shall communicate it to the other Member States.

    Member States shall, in liaison with the Commission, take all appropriate measures to establish direct cooperation and an exchange of information between the competent authorities.

    Article 36

    Staff

    Member States shall ensure that authorities and other organisations implementing this Directive have received the necessary training and shall be bound by the confidentiality principle, as defined in the national law, in relation to any information they obtain in the course of their work.

    CHAPTER IX

    FINAL PROVISIONS

    Article 37

    Reports

    1.   By 10 April 2008, the Commission shall report to the European Parliament and the Council on the application of this Directive and shall propose any amendments that are necessary. These proposals for amendments shall be made by way of priority in relation to Articles 15, 26 and 33. Member States shall send the Commission all the information that is appropriate for drawing up that report by 10 October 2007.

    2.   After presenting the report, the Commission shall report to the European Parliament and the Council on the application of this Directive at least every five years.

    Article 38

    Transposition

    1.   The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 10 October 2006. They shall forthwith inform the Commission thereof.

    When the Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

    2.   Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.

    Article 39

    Entry into force

    This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

    Article 40

    Addressees

    This Directive is addressed to the Member States in accordance with the Treaty establishing the European Community.

    Done at Luxembourg, 29 April 2004.

    For the Council

    The President

    M. McDOWELL

    (1)   OJ C 51 E, 26.2.2002, p. 325.

    (2)   OJ C 300 E, 11.12.2003, p. 25.

    (3)   OJ C 221, 17.9.2002, p. 43.

    (4)   OJ C 278, 14.11.2002, p. 44.

    II Acts whose publication is not obligatory

    Council

    30.9.2004   

    EN

    Official Journal of the European Union

    L 304/24

    COUNCIL DECISION

    of 30 March 2004

    concerning the conclusion of the Agreement between the European Community and the Republic of India on customs cooperation and mutual administrative assistance in customs matters

    (2004/633/EC)

    THE COUNCIL OF THE EUROPEAN UNION,

    Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

    Having regard to the proposal from the Commission,

    Whereas:

    (1)

    On 27 and 28 January 2003 the Council authorised the Commission to negotiate, on behalf of the Community, the Agreement referred to in this Decision.

    (2)

    The Agreement should be approved,

    HAS DECIDED AS FOLLOWS:

    Article 1

    The Agreement between the European Community and India on customs cooperation and mutual administrative assistance in customs matters is hereby approved on behalf of the Community.

    The text of the Agreement is attached to this Decision.

    Article 2

    The Commission, assisted by representatives of the Member States, shall represent the Community on the Joint Customs Cooperation Committee set up under Article 21 of the Agreement.

    Article 3

    The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.

    Article 4

    The President of the Council shall effect the notification provided for in Article 22 of the Agreement on behalf of the Community (1).

    Done at Brussels, 30 March 2004

    For the Council

    The President

    M. McDOWELL

    (1)  The date of the entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

    AGREEMENT

    between the European Community and the Republic of India on customs cooperation and mutual administrative assistance in customs matters

    THE EUROPEAN COMMUNITY AND GOVERNMENT OF THE REPUBLIC OF INDIA (HEREINAFTER REFERRED TO AS THE CONTRACTING PARTIES)

    CONSIDERING the importance of the commercial links between the European Community and India, and desirous of contributing, to the benefit of both Contracting Parties, to the harmonious development of those links;

    BELIEVING THAT, in order to attain this objective, there should be an undertaking to develop customs cooperation;

    TAKING into account the development of customs cooperation between the Contracting Parties, concerning customs procedures;

    CONSIDERING that operations in breach of customs legislation, are prejudicial to the economic, fiscal and commercial interests of both Contracting Parties, and recognising the importance of ensuring the accurate assessment of Customs duties and other taxes;

    CONVINCED that action against such operations can be made more effective by cooperation between competent administrative authorities;

    HAVING regard to obligations imposed under international conventions already accepted by, or applied to the Contracting Parties; and having regard also to the recommendations of the Customs Cooperation Council (World Customs Organisation) on mutual administrative assistance of5 December 1953, as well as Customs related activities undertaken by the World Trade Organisation;

    WHEREAS a Cooperation Agreement between the European Economic Community and the Republic of India on Partnership and Development was signed on20 December 1993;

    HAVE AGREED AS FOLLOWS:

    TITLE I

    GENERAL PROVISIONS

    Article 1

    Definitions

    For the purpose of this Agreement:

    (a)

    ‘Customs legislation’ shall mean any laws, provisions or other legally binding instruments of the European Community or India, governing the imports, export and transit of goods and their placing under any other customs procedures, including measures of prohibitions, restrictions and control falling under the competence of the customs authorities and other administrative authorities;

    (b)

    ‘customs authority’ shall mean, in the European Community, the competent services of the Commission of the European Communities and the customs authorities of the Member States of the European Community and, in India, the Central Board of Excise and Customs in the Department of Revenue, Ministry of Finance;

    (c)

    ‘applicant authority’ shall mean a competent administrative authority which has been designated by a Contracting Party for this purpose and which makes a request for assistance, on the basis of this Agreement;

    (d)

    ‘requested authority’ shall mean a competent administrative authority which has been designated by a Contracting Party for this purpose and which receives a request for assistance, on the basis of this Agreement;

    (e)

    ‘personal data’ shall mean all information relating to an identified or identifiable individual;

    (f)

    ‘operation in breach of customs legislation’ shall mean any violation or attempted violation of the customs legislation;

    (g)

    ‘person’ shall mean any natural or legal person;

    (h)

    ‘information’ shall mean data, whether or not processed or analysed, and documents, reports, and other communications in any format, including electronic, or certified or authenticated copies thereof.

    Article 2

    Territorial application

    This Agreement shall apply, on the one hand, to the territories where the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to India.

    Article 3

    Future developments

    The Contracting Parties may by mutual consent expand this agreement with a view to increasing and supplementing customs cooperation in accordance with their respective customs legislation, by means of agreements on specific sectors or matters.

    Article 4

    Scope of the cooperation

    1.   The contracting parties undertake to develop customs cooperation. In particular, the Contracting Parties shall seek to cooperate in:

    (a)

    establishing and maintaining channels of communications between their customs authorities to facilitate the secure and rapid exchange of information;

    (b)

    facilitating effective coordination between their customs authorities;

    (c)

    any other administrative matters related to this Agreement that may from time to time require their joint action;

    2.   The contracting parties undertake also to develop trade facilitation actions in the field of customs in accordance with international standards.

    3   Under this Agreement, customs cooperation shall cover all matters relating to the application of customs legislation.

    Article 5

    Scope of assistance

    1.   The Contracting Parties shall assist each other, in the areas within their competence and within the limits of available resources, and in the manner and under the conditions laid down in this Agreement, to ensure the correct application of customs legislation, in particular by preventing, investigating and combating operations in breach of that legislation.

    2.   Assistance in customs matters under this Agreement shall be provided between the customs and other administrative authorities of the Contracting Parties, which are competent for the application of this Agreement. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover information obtained under powers exercised at the request of a judicial authority.

    3.   Assistance to recover duties, taxes or fines is not covered by this Agreement.

    Article 6

    Obligations imposed under other agreements

    1.   Taking into account the respective competencies of the European Community and the Member States, the provisions of this Agreement shall:

    (a)

    not affect the obligations of the Contracting Parties under any other international agreement or convention;

    (b)

    be deemed complementary with agreements on customs cooperation and mutual administrative assistance which have been or may be concluded between individual Member States and India;

    (c)

    not affect the Community provisions governing the communication between the competent services of the Commission and the customs authorities of the Member States of any information obtained under this Agreement which could be of interest to the Community.

    2.   Notwithstanding the provisions of paragraph 1, the provisions of this Agreement shall take precedence over the provisions of any bilateral agreement on customs cooperation and mutual administrative assistance which has been or may be concluded between individual Member States and India, insofar as the provisions of the latter are incompatible with those of this Agreement.

    3.   In respect of questions relating to the applicability of this Agreement, the Contracting Parties shall consult each other to resolve the matter in the framework of the Joint Customs Cooperation Committee set up under Article 21 of this Agreement.

    TITLE II

    CUSTOMS COOPERATION

    Article 7

    Cooperation in customs procedures

    The Contracting parties affirm their commitment to the facilitation of the legitimate movement of goods and shall exchange information and expertise on measures to improve customs techniques and procedures and on computerised system with a view towards implementing that commitment in accordance with the provisions of this Agreement.

    Article 8

    Technical assistance

    The customs authorities may provide technical assistance to each other and exchange personnel and expertise on measures to improve customs techniques and procedures and on computerised systems with a view towards achieving these objectives in accordance with the provisions of this Agreement.

    Article 9

    Discussions in international organisations

    The customs authorities shall seek to develop and strengthen their cooperation on topics of common interest with a view to facilitating discussions on customs matters in the framework of international organisations.

    TITLE III

    MUTUAL ADMINISTRATIVE ASSISTANCE

    Article 10

    Assistance on request

    1.   At the request of the applicant authority, the requested authority shall provide it with all relevant information which may enable it to ensure that customs legislation is correctly applied, including information regarding activities detected or planned which are or could be operations in breach of customs legislation.

    In particular, upon request, the Customs authority shall furnish to each other information regarding activities that may result in offences within the territory of the other Party, for example, incorrect customs declarations and certificates of origin, invoices, or other documents known to be, or suspected of being, incorrect or falsified.

    2.   At the request of the applicant authority, the requested authority shall inform it:

    (a)

    whether goods exported from one of the Contracting Parties have been properly imported into the other, specifying where appropriate, the customs procedure applied to the goods;

    (b)

    whether goods imported into one of the Contracting Parties have been properly exported from the other, specifying where appropriate, the customs procedure applied to the goods.

    3.   At the request of the applicant authority, the requested authority shall, within the framework of its laws, regulations or other legally binding instruments, take the necessary steps to ensure special surveillance of;

    (a)

    persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation;

    (b)

    places where stocks of goods have been or may be stored or assembled in such a way that there are reasonable grounds for believing that these goods are intended to be used in operations in breach of customs legislation;

    (c)

    goods that are or may be transported in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation;

    (d)

    means of transport that are or may be used in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation.

    Article 11

    Spontaneous assistance

    The Contracting Parties shall assist each other, at their own initiative and in accordance with their laws, regulations or other legally binding instruments, if they consider that to be necessary for the correct application of customs legislation, in particular, in situations that could involve substantial damage to the economy, public health, public security, or similar vital interest of the other party, particularly by providing information obtained pertaining to:

    (a)

    activities which are or appear to be operations in breach of customs legislation and which may be of interest to the other Contracting Party;

    (b)

    new means or methods employed in carrying out operations in breach of customs legislation;

    (c)

    goods known to be subject to operations in breach of customs legislation;

    (d)

    persons in respect of whom there are reasonable grounds for believing they are or have been involved in operations in breach of customs legislation;

    (e)

    means of transport in respect of which there are reasonable grounds for believing that they have been, are, or may be used in operations in breach of customs legislation.

    Article 12

    Delivery, notification

    1.   At the request of the applicant authority, the requested authority shall, in accordance with laws, regulations or other legally binding instruments applicable to the latter, take all necessary measures in order:

    (a)

    to deliver any documents of an administrative nature;

    (b)

    to notify any decisions, emanating from the applicant authority and falling within the scope of this Agreement, to an addressee residing or established in the jurisdiction of the requested authority.

    2.   Requests for delivery of documents or notification of decisions shall be made in writing in an official language of the requested authority or in a language acceptable to that authority. This requirement shall not apply to any documents that are to be delivered under paragraph 1.

    Article 13

    Form and substance of requests for assistance

    1.   Requests pursuant to this Agreement shall be made in writing. They shall be accompanied by the documents necessary to enable compliance with the request. When required because of the urgency of the situation, an oral request may be accepted, but must be confirmed immediately in writing.

    2.   Requests pursuant to paragraph 1 shall include the following information:

    (a)

    the applicant authority;

    (b)

    the action requested;

    (c)

    the object of and the reason for the request;

    (d)

    the laws, regulations or other legally binding instruments involved;

    (e)

    indications as exact and comprehensive as possible on the persons who are the target of the investigations;

    (f)

    a summary of the relevant fact of the enquiries already carried out.

    3.   Requests shall be submitted in an official language of the requested authority or in a language acceptable to that authority. This requirement shall not apply to any documents that accompany the request under paragraph 1.

    4.   If a request does not meet the formal requirement set out above, its correction or completion may be requested; precautionary measures may be taken in the meantime.

    Article 14

    Execution of requests

    1.   In order to comply with a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Contracting Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out. This provision shall also apply to any other authority to which the request has been addressed in accordance with this Agreement by the requested authority when the latter can not act on its own.

    2.   Requests for assistance shall be executed in accordance with the laws, regulations or other legally binding instruments of the requested Contracting Party.

    3.   Duly authorised officials of a Contracting Party may, with the agreement of the other Contracting Party and subject to the conditions laid down by the latter, be present to obtain in the offices of the requested authority or any other concerned authority in accordance with paragraph 1, information related to activities that are or may be operations in breach of customs legislation which the applicant authority needs for the purpose of this Agreement.

    4.   Duly authorised officials of a Contracting Party may, with the agreement of the other Contracting Party and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter's jurisdiction into specific cases.

    5.   In the event that the request cannot be complied with, the applicant authority shall be notified promptly of that fact, with a statement of the reasons and of any other information that the requested authority considers may be of assistance to the applicant authority.

    Article 15

    Form in which information is to be communicated

    1.   The requested authority shall communicate results of enquiries to the applicant authority in writing together with relevant documents, certified copies or other items.

    2.   This information may be in computerised form.

    3.   Original files and documents shall be transmitted only upon request in cases where certified copies would be insufficient. These originals shall be returned at the earliest opportunity. The rights of the requested authority or of third parties relating to the originals shall remain unaffected.

    Article 16

    Exceptions to the obligation to provide assistance

    1.   Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where a Party is of the opinion that assistance under this Agreement would:

    (a)

    be likely to prejudice the vital interests of India or those of a Member State of the European Community which has been requested to provide assistance under this Agreement;

    (b)

    be likely to prejudice public order, security or other essential principles, in particular those referred to under Article 17(2); or

    (c)

    violate an industrial, commercial or professional secret.

    2.   Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investigation, prosecution or proceedings. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.

    3.   Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.

    4.   For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons thereof must be communicated to the applicant authority without undue delay.

    Article 17

    Information exchange and confidentiality

    1.   Any information communicated in whatsoever form pursuant to this Agreement shall be of a confidential or restricted nature, depending on the rules applicable in each of the Contracting Parties. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws of the Contracting Party that received it and the corresponding provisions applying to the Community authorities.

    2.   Personal data may be exchanged only where the Contracting Party which may receive it undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the Contracting Party that may supply it. The Contracting Party that may supply the information shall not stipulate any requirements that are more onerous than those applicable to it in its own jurisdiction.

    The Contracting Parties shall communicate to each other information on their applicable rules, including where appropriate, legal provisions in force in the Member States of the Community.

    3.   Nothing in this Agreement shall preclude the use of information or documents obtained in accordance with this Agreement as evidence in proceedings or charges subsequently instituted before the courts or tribunals in respect of operations in breach of customs legislation. Therefore, the Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges which may subsequently be brought before the courts or tribunals, use as evidence information obtained and documents consulted in accordance with the provisions of this Agreement. The competent authority which supplied that information or gave access to those documents shall be notified of such use.

    4.   Information obtained shall be used solely for the purposes of this Agreement. Where one of the Contracting Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information. Such use shall then be subject to any restrictions laid down by that authority.

    5.   Practical arrangements for the implementation of this Article shall be determined by the Joint Customs Cooperation Committee established under Article 21.

    Article 18

    Experts and witnesses

    An official of a requested authority may be authorised to appear, within the limitations of the authorisation granted, as an expert or witness before an authority in the other Contracting Party regarding the matters covered by this Agreement, and produce such objects, documents or confidential or certified copies thereof as may be needed for this purpose. The request for appearance must indicate specifically before which authority the official will have to appear, on what matters and by virtue of what title or qualification the official will be questioned.

    Article 19

    Assistance expenses

    1.   The Contracting Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Agreement, except, as appropriate, for expenses payable to experts and witnesses, and those to interpreters and translators who are not public service employees.

    2.   If during the execution of a request it becomes apparent that completion of the execution of the request will entail expenses of an extraordinary nature, the Customs authorities shall consult to determine the terms and conditions under which the execution may continue.

    TITLE IV

    FINAL PROVISIONS

    Article 20

    Implementation

    1.   The implementation of this Agreement shall be entrusted to the competent services of the Commission of the European Communities and, where appropriate, the customs authorities of the Member States of the European Community on the one hand, and to the Central Board of Excise and Customs in Department of Revenue, Ministry of Finance, on the other. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration the rules in force in particular in the field of data protection. They may recommend to the competent bodies amendments which they consider should be made to this Agreement.

    2.   The Contracting Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Agreement.

    Article 21

    Joint Customs Cooperation Committee

    1.   A Joint Customs Cooperation Committee is hereby established, consisting of representatives of the European Community and of India. It shall meet at a place, on a date and with an agenda, fixed by mutual agreement.

    2.   The Joint Customs Cooperation Committee shall inter alia:

    (a)

    see to the proper functioning of the Agreement;

    (b)

    examine all issues arising from its application;

    (c)

    take measures necessary for customs cooperation in accordance with the objectives of this Agreement;

    (d)

    exchange views on any points of common interest regarding customs cooperation, including future measures and the resources for them;

    (e)

    recommend solutions aimed at attaining the objectives of this Agreement.

    3.   The Joint Customs Cooperation Committee shall adopt its internal rules of procedure.

    4.   The Joint Customs Cooperation Committee will report annually to the Joint Commission set up under Article 22 of the Cooperation agreement between the European Community and the Republic of India on Partnership and Development.

    Article 22

    Entry into force and duration

    1.   This Agreement shall enter into force on the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose.

    2.   Each Contracting party may terminate this Agreement by giving notice to the other in writing. The termination shall take effect three months from the day of notification to the other Contracting Party. Requests for assistance which have been received prior to the termination of the Agreement shall be completed in accordance with the provisions of this Agreement.

    Article 23

    Authentic texts

    This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Hindi languages, each text being equally authentic.

    In witness whereof, the undersigned, being duly authorised to do so, have signed this Agreement.

    Hecho en Bruselas, el veintiocho de abril de dos mil cuatro.

    Udfærdiget i Bruxelles den otteogtyvende april to tusind og fire.

    Geschehen zu Brüssel am achtundzwanzigsten April zweitausendundvier.

    Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Απριλίου δύο χιλιάδες τέσσερα.

    Done at Brussels on the twenty-eighth day of April in the year two thousand and four.

    Fait à Bruxelles, le vingt-huit avril deux mille quatre.

    Fatto a Bruxelles, addì ventotto aprile duemilaquattro.

    Gedaan te Brussel, de achtentwintigste april tweeduizendvier.

    Feito em Bruxelas, em vinte e oito de Abril de dois mil e quatro.

    Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä huhtikuuta vuonna kaksituhattaneljä.

    Som skedde i Bryssel den tjugoåttonde april tjugohundrafyra.

    Por la Comunidad Europea

    For Det Europæiske Fællesskab

    Für die Europäische Gemeinschaft

    Για την Ευρωπαïκή Κοινότητα

    For the European Community

    Pour la Communauté européenne

    Per la Comunità europea

    Voor de Europese Gemeenschap

    Pela Comunidade Europeia

    Euroopan yhteisön puolesta

    På Europeiska gemenskapens vägnar

    Image 1

    Image 2

    Por la República de la India

    For Republikken Indien

    Für die Republik Indien

    Για τη Δημοκρατία της Ινδίας

    For the Republic of India

    Pour la République de l'Inde

    Per la Repubblica d'India

    Voor de Republiek India

    Pela República da Índia

    Intian tasavallan puolesta

    För Republiken Indien

    Image 3

    Image 4

    30.9.2004   

    EN

    Official Journal of the European Union

    L 304/32

    COUNCIL DECISION

    of 30 March 2004

    concerning the conclusion of the Agreement between the European Community and the United States of America on intensifying and broadening the Agreement on customs cooperation and mutual assistance in customs matters to include cooperation on container security and related matters

    (2004/634/EC)

    THE COUNCIL OF THE EUROPEAN UNION,

    Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with Article 300(2), first sentence thereof,

    Having regard to the proposal from the Commission,

    Whereas:

    (1)

    The Agreement between the European Community and the United States of America on customs cooperation and mutual assistance in customs matters (1) (CMAA) provides for the possibility of its expansion with a view to increasing the levels of customs cooperation and supplementing them by means of agreements on specific sectors or matters.

    (2)

    The Commission has negotiated on behalf of the Community an agreement with the United States of America intensifying and broadening the CMAA to include cooperation on container security and related matters (the Agreement).

    (3)

    The Agreement expands the customs cooperation between the Community and the United States of America to cover container security and related matters. It envisages the prompt and successful expansion of the Container Security Initiative to all ports in the Community that meet relevant requirements. The Agreement also sets out a work programme for further implementation measures, including the development of standards for risk management techniques, information required to identify high-risk shipments imported into the Parties, and industry partnership programmes.

    (4)

    The external coordination of customs control standards with the United States of America is necessary to ensure supply chain security while guaranteeing the continued flow of legitimate trade in containers. In particular, it is essential to ensure that all Community ports can participate in the Container Security Initiative on the basis of uniform principles and that comparable standards are promoted in United States (US) ports. Thus, the direct aim and content of the Agreement concerns the facilitation of legitimate trade between the Community and the United States of America while ensuring on a reciprocal basis a high level of security by allowing for cooperation in developing actions in specific control areas in respect of which the Community has competence.

    (5)

    Member States should have the possibility to expand the Container Security Initiative to all Community ports through arrangements with the United States of America identifying Community ports that participate in the Container Security Initiative and providing for the stationing of US customs officials therein or to maintain any such existing declarations of principles to that end, provided these arrangements are in conformity with the Treaty and compatible with the CMAA as expanded by the Agreement.

    (6)

    It is necessary to ensure close cooperation between the Member States and the Community institutions for the purpose of further intensification and broadening of the customs cooperation under the CMAA as expanded.

    (7)

    To that end a consultation procedure should be established whereby Member States envisaging to negotiate arrangements with the United States of America on matters covered by the CMAA as expanded would immediately notify such intention and provide the relevant information. If so requested by a Member State or the Commission within short time limits the information should be the subject of consultations between the Member States and the Commission.

    (8)

    The main purpose of the consultations should be to facilitate the exchange of information and to ensure that the arrangements are consistent with the Treaty and with common policies, in particular the common framework of cooperation with the United States of America set out in the CMAA as expanded.

    (9)

    Where the Commission considers that an arrangement that a Member State wishes to implement with the United States of America is incompatible with the CMAA as expanded or that the subject matter should be addressed in the framework of the CMAA as expanded, it should inform the Member State accordingly.

    (10)

    The consultation procedure should be without prejudice to the respective competencies of the Member States and the Community to conclude the arrangements envisaged.

    (11)

    The Agreement should be approved,

    HAS DECIDED AS FOLLOWS:

    Article 1

    The Agreement between the European Community and the United States of America on intensifying and broadening the Agreement on customs cooperation and mutual assistance in customs matters to include cooperation on container security and related matters (the Agreement) is hereby approved on behalf of the European Community.

    The text of the Agreement is attached to this Decision.

    Article 2

    The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.

    Article 3

    1.   Member States may maintain or conclude arrangements with the United States of America in order to include Community ports in the Container Security Initiative. Any such arrangement shall make reference to the CMAA as expanded and comply with the latter, including minimum standards once they are adopted.

    The Commission and the Member States concerned may consult each other in order to ensure that such arrangements comply with the CMAA as expanded.

    2.   Before a Member State commences negotiations on arrangements with the United States of America relating to matters other than those referred to in paragraph 1 but covered by the CMAA as expanded, it shall notify the Commission and the other Member States and provide any relevant information with the notification.

    3.   Member States or the Commission may request, within eight working days of the receipt of the notification, consultations with the other Member States and the Commission. Such consultations shall take place within three weeks of the receipt of the notification. Where the matter is urgent, consultations shall take place without delay.

    4.   The Commission shall, no later than five days after the conclusion of the consultations, give its written opinion on the compatibility of the arrangements notified with the CMAA as expanded, including, where appropriate, the need to address the matter in the framework of that Agreement.

    5.   The consultations shall take place within the Committee established by Article 247 of Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

    6.   Member States shall transmit to the Commission and to the other Member States a copy of the arrangements referred to in paragraphs 1 and 2, as well as any denunciation of, or amendments thereto.

    Done at Brussels, 30 March 2004.

    For the Council

    The President

    M. McDOWELL

    (1)   OJ L 222, 12.8.1997, p. 17.

    (2)   OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council (OJ L 311, 12.12.2000, p. 17).

    AGREEMENT

    between the European Community and the United States of America on intensifying and broadening the Agreement on customs cooperation and mutual assistance in customs matters to include cooperation on container security and related matters

    THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA,

    Having regard to the provisions of the Agreement between the European Community and the United States of America on customs cooperation and mutual assistance in customs matters, which was signed 28 May 1997, hereafter called ‘the CMAA’,

    Whereas:

    (1)

    Acknowledging that US Customs and Border Protection is, as of 1 March 2003, the successor to the United States Customs Service under the CMAA.

    (2)

    Recalling that the Contracting Parties may by mutual consent decide to expand areas of cooperation under the CMAA pursuant to Article 3.

    (3)

    Recalling that, under Article 22 of the CMAA, the JCCC consists of representatives of the Customs Authorities of the Contracting Parties, which in the European Community are the competent services of the Commission of the European Communities assisted by the customs authorities of the Member States of the European Community and in the United States of America is the US Customs and Border Protection, Department of Homeland Security.

    (4)

    Recognising that the Joint Customs Cooperation Committee (JCCC) was established under Article 22 of the CMAA.

    (5)

    Acknowledging the long-standing, close and productive relations between the Customs Authorities of the United States of America and of the European Community.

    (6)

    Being convinced that this cooperation can be further improved by, among other things, intensifying the exchange of relevant information and best practices among the US Customs and Border Protection, the European Commission and the customs authorities of Member States of the European Community in order to ensure that general customs controls of international trade take due account of security concerns.

    (7)

    Acknowledging the importance of extending this cooperation to all modes of international transport and all kinds of goods, initially putting priority on sea-container transport.

    (8)

    Recognising the high volume of two-way sea-container and other modes of trade between the European Community and the United States of America, and the important role of both the European Community and the United States of America as transport hubs for containers coming from many countries.

    (9)

    Recognising that global sea containers are imported into, transhipped through, or transiting the United States of America and the European Community.

    (10)

    Being convinced that there is a need to deter, prevent, and interdict any terrorist attempts to disrupt global trade by concealing terrorist weapons in global sea-container trade or other shipments, or by using such shipments as weapons.

    (11)

    Being convinced of the need to increase security for the European Community and the United States of America and at the same time facilitate legitimate trade.

    (12)

    Noting the importance of developing, to the extent practicable, reciprocal systems for securing and facilitating legitimate trade with due regard to threat assessments.

    (13)

    Recognising that substantially greater security of legitimate trade can be achieved through a system where the customs authority of the importing country works collaboratively with customs authorities involved in earlier parts of the supply chain to use timely information and inspection technology to target and screen high-risk containers before they are shipped from their ports or places of loading or transhipment.

    (14)

    Supporting the objectives of the Container Security Initiative (CSI), which is designed to safeguard global maritime trade by enhancing cooperation at seaports world wide in order to identify and examine high-risk containers and ensure their in-transit integrity.

    (15)

    Recalling Article 5 of the CMAA that determines the relationship between that Agreement and any bilateral agreement on cooperation and mutual assistance in customs matters that have been or may be concluded between individual Member States of the European Community and the United States of America.

    (16)

    Recognising that expansion of CSI should occur as quickly as possible for all ports within the European Community where the exchange of sea-container traffic with the United States of America is more than de minimis and where certain minimum requirements are met and where adequate inspection technology exists,

    HAVE AGREED ON THE FOLLOWING:

    Article 1

    To intensify and broaden customs cooperation under the CMAA to improve the security of sea-container and other shipments from all locations that are imported into, transhipped through, or transiting the European Community and the United States of America.

    Article 2

    To take due account of Article 5 of the CMAA, which determines the relations between the CMAA and any bilateral agreement on cooperation and mutual assistance in customs matters between Member States of the European Community and the United States of America, and any CSI declarations of principles that complement such bilateral agreements

    Article 3

    That the objectives of the intensified and broadened cooperation include, but are not limited to:

    1.

    supporting the prompt and successful expansion of the CSI to all ports in the European Community that meet relevant requirements, and promoting comparable standards in the relevant US ports;

    2.

    working together to reinforce the customs related aspects for securing the logistics chain of international trade and, in particular, as a first priority to enhance the identification and security screening of all high-risk sea-container shipments;

    3.

    establishing minimum standards, to the greatest extent practicable, for risk-management techniques and related requirements and programs; and

    4.

    coordinating positions, to the greatest extent practicable, in any multilateral fora where issues related to container security may be appropriately raised and discussed.

    Article 4

    To consider in the JCCC the appropriate form and content of documents and/or measures further implementing the intensified and broadened customs cooperation under this Agreement.

    Article 5

    To form a Working Group, comprised of representatives of US Customs and Border Protection and of the European Commission assisted by interested Member States in order to examine and make recommendations to the JCCC on issues including, but not limited to those identified in the Annex.

    Article 6

    That the Working Group is to report on a regular basis to the Commissioner of US Customs and Border Protection and the Director-General of the Taxation and Customs Union Directorate General of the European Commission and annually to the JCCC on the progress of its work.

    Article 7

    This Agreement shall enter into force upon signature by the Parties which shall have the effect of expressing their consent to be bound. If the Agreement is not signed the same day on behalf of both Parties, the Agreement shall enter into force on the day on which the second signature is affixed.

    Hecho en Bruselas, el veintiocho de abril de dos mil cuatro.

    Udfærdiget i Bruxelles den otteogtyvende april to tusind og fire.

    Geschehen zu Brüssel am achtundzwanzigsten April zweitausendundvier.

    Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Απριλίου δύο χιλιάδες τέσσερα.

    Done at Brussels on the twenty-eighth day of April in the year two thousand and four.

    Fait à Bruxelles, le vingt-huit avril deux mille quatre.

    Fatto a Bruxelles, addì ventotto aprile duemilaquattro.

    Gedaan te Brussel, de achtentwintigste april tweeduizendvier.

    Feito em Bruxelas, em vinte e oito de Abril de dois mil e quatro.

    Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä huhtikuuta vuonna kaksituhattaneljä.

    Som skedde i Bryssel den tjugoåttonde april tjugohundrafyra.

    FOR THE EUROPEAN COMMUNITY

    Image 5

    FOR THE UNITED STATES OF AMERICA

    Image 6

    ANNEX

    Annex to the Agreement between the European Community and the United States of America on intensifying and broadening the CMAA to include cooperation on container security and related matters

    The Working Group created under paragraph 5 of the Agreement between the European Community and the United States of America on intensifying and broadening the CMAA to include cooperation on Container Security and related matters shall examine and make recommendations on issues including, but not limited to, the following areas of cooperation between US Customs and Border Protection and Customs authorities in the European Community with a view to ensuring that general customs controls of international trade take due account of security concerns:

    (a)

    defining minimum standards, in particular in view of participating in CSI, and recommending methods by which those standards may be met;

    (b)

    identifying and broadening the application of best practices concerning security controls of international trade, especially those developed under CSI;

    (c)

    defining and establishing standards to the greatest extent practicable for the information required to identify high-risk shipments imported into, transhipped through, or transiting the United States of America and the European Community;

    (d)

    improving and establishing standards to the greatest extent practicable for targeting and screening such high-risk shipments, to include information exchange, the use of automated targeting systems, and the development of minimum standards for inspection technologies and screening methodologies;

    (e)

    improving and establishing standards to the greatest extent practicable for industry partnership-programs designed to improve supply chain security and facilitate the movement of legitimate trade;

    (f)

    identifying any regulatory or legislative changes that would be necessary to implement the recommendations of the Working Group; and

    (g)

    considering the type of documents and measures further implementing the intensified and broadened customs cooperation on the issues set out in this Annex.

    30.9.2004   

    EN

    Official Journal of the European Union

    L 304/38

    COUNCIL DECISION

    of 21 April 2004

    concerning the conclusion of a Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part

    (2004/635/EC)

    THE COUNCIL OF THE EUROPEAN UNION,

    Having regard to the Treaty establishing the European Community, and in particular Article 310, in conjunction with the second sentence of Article 300(2) and the second subparagraph of Article 300(3) thereof (1),

    Having regard to the proposal from the Commission (2),

    Having regard to the assent of the European Parliament (3),

    Whereas:

    (1)

    The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, signed on behalf of the European Community, in Luxembourg on 25 June 2001, should be approved.

    (2)

    The provisions of this Agreement that fall within the scope of Part III, Title IV of the Treaty establishing the European Community bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Community, until the United Kingdom or Ireland (as the case may be) notifies the Arab Republic of Egypt that it has become bound as part of the European Community in accordance with the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community. The same applies to Denmark, in accordance with the Protocol annexed to those Treaties on the position of Denmark,

    HAS DECIDED AS FOLLOWS:

    Article 1

    The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part (hereinafter referred to as the Association Agreement), together with the Annexes and Protocols annexed thereto, and the joint declarations, declarations by the European Community and Exchange of Letters attached to the Final Act, are hereby approved on behalf of the European Community.

    The texts referred to in the first subparagraph are attached to this Decision.

    Article 2

    1.   The position to be taken by the Community within the Association Council, and within the Association Committee when the latter is empowered to act by the Association Council, shall be determined by the Council on the basis of a proposal by the Commission, in accordance with the corresponding provisions of the Treaties.

    2.   In accordance with Article 75 of the Association Agreement the President of the Council shall preside over the Association Council. A representative of the Commission shall preside over the Association Committee, in accordance with the Rules of Procedure thereof.

    3.   The decision to publish the decisions of the Association Council and the Association Committee in the Official Journal of the European Union shall be taken on a case-by-case basis by the Council.

    Article 3

    The President of the Council, on behalf of the European Community, is hereby authorised to designate the persons empowered to give the notification provided for in Article 92 of the Association Agreement.

    Done at Luxembourg, 21 April 2004.

    For the Council

    The President

    J. WALSH

    (1)  The European Community has taken over all rights and obligations of the European Coal and Steel Community following the latter's expiry on 23 July 2002 (OJ L 194, 23.7.2002, p. 35).

    (2)   OJ C 304 E, 30.10.2001, p. 2.

    (3)   OJ C 153 E, 27.6.2002, p. 264.

    EURO-MEDITERRANEAN AGREEMENT

    establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part

    THE KINGDOM OF BELGIUM,

    THE KINGDOM OF DENMARK,

    THE FEDERAL REPUBLIC OF GERMANY,

    THE HELLENIC REPUBLIC,

    THE KINGDOM OF SPAIN,

    THE FRENCH REPUBLIC,

    IRELAND,

    THE ITALIAN REPUBLIC,

    THE GRAND DUCHY OF LUXEMBOURG,

    THE KINGDOM OF THE NETHERLANDS,

    THE AUSTRIAN REPUBLIC,

    THE PORTUGUESE REPUBLIC,

    THE FINNISH REPUBLIC,

    THE KINGDOM OF SWEDEN,

    THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

    Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY and the Treaty establishing the EUROPEAN COAL AND STEEL COMMUNITY, hereinafter referred to as the ‘Member States’, and

    the EUROPEAN COMMUNITY, and the EUROPEAN COAL AND STEEL COMMUNITY, hereinafter referred to as ‘the Community’,

    of the one part, and

    THE ARAB REPUBLIC OF EGYPT, hereinafter referred to as ‘Egypt’,

    of the other part,

    CONSIDERING the importance of the existing traditional links between the Community, its Member States and Egypt, and the common values that they share,

    CONSIDERING that the Community, its Member States and Egypt wish to strengthen those links and to establish lasting relations based on partnership and reciprocity,

    CONSIDERING the importance which the Parties attach to the principles of the United Nations Charter, particularly the observance of human rights, democratic principles and political and economic freedoms which form the very basis of the Association,

    DESIROUS of establishing and developing regular political dialogue on bilateral and international issues of mutual interest,

    CONSIDERING the difference in economic and social development existing between Egypt and the Community and the need to strengthen the process of economic and social development in Egypt,

    DESIROUS of enhancing their economic relations and, in particular, the development of trade, investment and technological cooperation, supported by a regular dialogue, on economic, scientific, technological, cultural, audiovisual and social matters with a view to improving mutual knowledge and understanding,

    CONSIDERING the commitment of the Community and Egypt to free trade, and in particular to compliance with the rights and obligations arising out of the provisions of the General Agreement on Tariffs and Trade of 1994 and of the other multilateral agreements annexed to the agreement establishing the World Trade Organisation,

    CONSCIOUS of the need to associate their efforts to strengthen political stability and economic development in the region through the encouragement of regional cooperation,

    CONVINCED that the Association Agreement will create a new climate for their relations,

    HAVE AGREED AS FOLLOWS:

    Article 1

    1.   An Association is hereby established between the Community and its Member States of the one part and Egypt of the other part.

    2.   The aims of this Agreement are:

    —

    to provide an appropriate framework for political dialogue, allowing the development of close political relations between the Parties,

    —

    to establish conditions for the progressive liberalisation of trade in goods, services and capital,

    —

    to foster the development of balanced economic and social relations between the Parties through dialogue and cooperation,

    —

    to contribute to the economic and social development of Egypt,

    —

    to encourage regional cooperation with a view to the consolidation of peaceful co-existence and economic and political stability,

    —

    to promote cooperation in other areas which are of mutual interest.

    Article 2

    Relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect of democratic principles and fundamental human rights as set out in the Universal Declaration on Human Rights, which guides their internal and international policy and constitutes an essential element of this Agreement.

    TITLE I

    POLITICAL DIALOGUE

    Article 3

    1.   A regular political dialogue shall be established between the Parties. It shall strengthen their relations, contribute to the development of a lasting partnership and increase mutual understanding and solidarity.

    2.   The political dialogue and cooperation shall aim, in particular, to:

    —

    develop better mutual understanding and an increasing convergence of positions on international issues, and in particular on those issues likely to have substantial effects on one or the other Party,

    —

    enable each Party to consider the position and interests of the other,

    —

    enhance regional security and stability,

    —

    promote common initiatives.

    Article 4

    The political dialogue shall cover all subjects of common interest, and, in particular peace, security, democracy and regional development.

    Article 5

    1.   The political dialogue shall take place at regular intervals and whenever necessary, in particular:

    (a)

    at ministerial level, mainly in the framework of the Association Council;

    (b)

    at senior official level of Egypt of the one part, and of the Presidency of the Council and of the Commission of the other;

    (c)

    by taking full advantage of all diplomatic channels including regular briefings by officials, consultations on the occasion of international meetings and contacts between diplomatic representatives in third countries;

    (d)

    by any other means which would make a useful contribution to consolidating, developing and stepping up this dialogue.

    2.   There shall be a political dialogue between the European Parliament and the Egyptian People's Assembly.

    TITLE II

    FREE MOVEMENT OF GOODS

    BASIC PRINCIPLES

    Article 6

    The Community and Egypt shall gradually establish a free trade area over a transitional period not exceeding 12 years from the entry into force of this Agreement, according to the modalities set out in this Title and in conformity with the provisions of the General Agreement on Tariffs and Trade of 1994 and of the other multilateral agreements on trade in goods annexed to the Agreement establishing the World Trade Organisation (WTO), hereinafter referred to as the GATT.

    CHAPTER 1

    Industrial products

    Article 7

    The provisions of this Chapter shall apply to products originating in the Community and Egypt falling within Chapters 25 to 97 of the Combined Nomenclature and of the Egyptian Customs tariff with the exception of the products listed in Annex I.

    Article 8

    Imports into the Community of products originating in Egypt shall be allowed free of customs duties and of any other charge having equivalent effect and free of quantitative restrictions and of any other restriction having equivalent effect.

    Article 9

    1.   Customs duties and charges having equivalent effect applicable on import into Egypt of products originating in the Community listed in Annex II shall be gradually abolished in accordance with the following schedule:

    —

    on the date of entry into force of this Agreement each duty and charge shall be reduced to 75 % of the basic duty,

    —

    one year after the date of entry into force of this Agreement each duty and charge shall be reduced to 50 % of the basic duty,

    —

    two years after the date of entry into force of this Agreement each duty and charge shall be reduced to 25 % of the basic duty,

    —

    three years after the date of entry into force of this Agreement any remaining duty and charge shall be abolished.

    2.   Customs duties and charges having equivalent effect applicable on import into Egypt of the products originating in the Community listed in Annex III shall be gradually abolished in accordance with the following schedule:

    —

    three years after the date of entry into force of this Agreement each duty and charge shall be reduced to 90 % of the basic duty,

    —

    four years after the date of entry into force of this Agreement each duty and charge shall be reduced to 75 % of the basic duty,

    —

    five years after the date of entry into force of this Agreement each duty and charge shall be reduced to 60 % of the basic duty,

    —

    six years after the date of entry into force of this Agreement each duty and charge shall be reduced to 45 % of the basic duty,

    —

    seven years after the date of entry into force of this Agreement each duty and charge shall be reduced to 30 % of the basic duty,

    —

    eight years after the date of entry into force of this Agreement each duty and charge shall be reduced to 15 % of the basic duty,

    —

    nine years after the date of entry into force of this Agreement any remaining duty and charge shall be abolished.

    3.   Customs duties and charges having equivalent effect applicable on import into Egypt of the products originating in the Community listed in Annex IV shall be gradually abolished in accordance with the following schedule:

    —

    five years after the date of entry into force of this Agreement each duty and charge shall be reduced to 95 % of the basic duty,

    —

    six years after the date of entry into force of this Agreement each duty and charge shall be reduced to 90 % of the basic duty,

    —

    seven years after the date of entry into force of this Agreement each duty and charge shall be reduced to 75 % of the basic duty,

    —

    eight years after the date of entry into force of this Agreement each duty and charge shall be reduced to 60 % of the basic duty,

    —

    nine years after the date of entry into force of this Agreement each duty and charge shall be reduced to 45 % of the basic duty,

    —

    10 years after the date of entry into force of this Agreement each duty and charge shall be reduced to 30 % of the basic duty,

    —

    11 years after the date of entry into force of this Agreement each duty and charge shall be reduced to 15 % of the basic duty,

    —

    12 years after the date of entry into force of this Agreement any remaining duty and charge shall be abolished.

    4.   Customs duties and charges having equivalent effect applicable on import into Egypt of the products originating in the Community listed in Annex V shall be gradually abolished in accordance with the following schedule:

    —

    six years after the date of entry into force of this Agreement each duty and charge shall be reduced to 90 % of the basic duty,

    —

    seven years after the date of entry into force of this Agreement each duty and charge shall be reduced to 80 % of the basic duty,

    —

    eight years after the date of entry into force of this Agreement each duty and charge shall be reduced to 70 % of the basic duty,

    —

    nine years after the date of entry into force of this Agreement each duty and charge shall be reduced to 60 % of the basic duty,

    —

    10 years after the date of entry into force of this Agreement each duty and charge shall be reduced to 50 % of the basic duty,

    —

    11 years after the date of entry into force of this Agreement each duty and charge shall be reduced to 40 % of the basic duty,

    —

    12 years after the date of entry into force of this Agreement each duty and charge shall be reduced to 30 % of the basic duty,

    —

    13 years after the date of entry into force of this Agreement each duty and charge shall be reduced to 20 % of the basic duty,

    —

    14 years after the date of entry into force of this Agreement each duty and charge shall be reduced to 10 % of the basic duty,

    —

    15 years after the date of entry into force of this Agreement any remaining duty and charge shall be abolished.

    5.   Customs duties and charges having equivalent effect applicable to imports into Egypt of products originating in the Community, other than those in Annexes II, III, IV and V shall be abolished in accordance with the relevant schedule on the basis of a decision of the Association Committee.

    6.   In the event of serious difficulties for a given product, the relevant timetables in accordance with paragraphs 1, 2, 3 and 4 may be reviewed by the Association Committee by common accord on the understanding that the schedule for which the review has been requested may not be extended in respect of the product concerned beyond the maximum transitional period. If the Association Committee has not taken a decision within 30 days of its application to review the timetable, Egypt may suspend the timetable provisionally for a period that may not exceed one year.

    7.   For each product concerned, the basic duty to be gradually reduced as provided for in paragraphs 1, 2, 3 and 4 shall be the rates referred to in Article 18.

    Article 10

    The provisions concerning the abolition of customs duties on imports shall also apply to customs duties of a fiscal nature.

    Article 11

    1.   By way of derogation from the provisions of Article 9, Egypt may take exceptional measures of limited duration to increase or re-introduce customs duties.

    2.   Such measures may only apply to new and infant industries or to sectors undergoing restructuring or experiencing serious difficulties, particularly where those difficulties entail severe social problems.

    3.   Customs duties on import into Egypt of products originating in the Community that are introduced by such exceptional measures may not exceed 25 % ad valorem, and must retain a preferential margin for products originating in the Community. The total value of imports of the products subjected to such measures may not exceed 20 % of total imports of industrial products from the Community during the last year for which statistics are available.

    4.   Such measures shall be applied for no longer than five years, except where a longer duration is authorised by the Association Committee. They shall cease to apply at the latest on expiry of the maximum transitional period.

    5.   Such measures may not be introduced for a given product if more than three years have elapsed since the abolition of all duties, quantitative restrictions and charges and measures having equivalent effect on the product concerned.

    6.   Egypt shall inform the Association Committee of any exceptional measures it intends to adopt and, at the Community's request, consultations shall be held on the measures and sectors concerned before they are implemented. When adopting such measures, Egypt shall provide the Committee with a schedule for the abolition of the customs duties introduced pursuant to this Article. Such schedule shall provide for the phasing out of the duties concerned by equal annual instalments, starting no later than the end of the second year following their introduction. The Association Committee may decide on a different schedule.

    7.   By way of derogation from the provisions of paragraph 4, the Association Committee may exceptionally, in order to take into account the difficulties involved in setting up new industries, endorse the measures already taken by Egypt pursuant to paragraph 1 for a maximum period of four years beyond the 12 years transitional period.

    CHAPTER 2

    Agricultural, fisheries and processed agricultural products

    Article 12

    The provisions of this Chapter shall apply to products originating in the Community and Egypt falling within Chapters 1 to 24 of the Combined Nomenclature and of the Egyptian Customs tariff and to the products listed in Annex I.

    Article 13

    The Community and Egypt shall progressively establish a greater liberalisation of their trade in agricultural, fisheries and processed agricultural products of interest to both parties.

    Article 14

    1.   Agricultural products originating in Egypt listed in Protocol 1 on importation into the Community shall be subject to the arrangements set out in that Protocol.

    2.   Agricultural products originating in the Community listed in Protocol 2 on importation into Egypt shall be subject to the arrangements set out in that Protocol.

    3.   Trade for processed agricultural products falling under this chapter shall be subject to the arrangements set out in Protocol 3.

    Article 15

    1.   During the third year of implementation of the Agreement, the Community and Egypt shall examine the situation in order to determine the measures to be applied by the Community and Egypt from the beginning of the fourth year after the entry into force of the Agreement, in accordance with the objective set out in Article 13.

    2.   Without prejudice to the provisions of paragraph 1 and taking account of the volume of trade in agricultural, fisheries and processed agricultural products between them and of their particular sensitivity, the Community and Egypt shall examine in the Association Council, product by product and on an orderly and reciprocal basis, the possibility of granting each other further concessions.

    Article 16

    1.   In the event of specific rules being introduced as a result of the implementation of its agricultural policy or of any alteration of the current rules or in the event of any alteration or extension of the provisions relating to the implementation of its agricultural policy, the Party concerned may amend the arrangements resulting from the Agreement in respect of the products concerned.

    2.   In such cases, the Party concerned shall inform the Association Committee. At the request of the other Party, the Association Committee shall meet to take due account of the interests of the other Party.

    3.   If the Community or Egypt, in applying paragraph 1, modifies the arrangements made by this Agreement for agricultural products, they shall accord imports originating in the other Party an advantage comparable to that provided for in this Agreement.

    4.   The application of this Article should be the subject of consultations in the Association Council.

    CHAPTER 3

    Common provisions

    Article 17

    1.   No new quantitative restrictions on imports or any other restriction having equivalent effect shall be introduced in trade between the Community and Egypt.

    2.   Quantitative restrictions on imports and any other restriction having equivalent effect in trade between the Community and Egypt shall be abolished from the entry into force of this Agreement.

    3.   The Community and Egypt shall not apply to exports between themselves either customs duties or charges having equivalent effect, or quantitative restrictions or measures having equivalent effect.

    Article 18

    1.   The applicable rates for imports between the Parties shall be the WTO bound rate or lower applied rate enforced as of 1 January 1999. If, after 1 January 1999, a tariff reduction is applied on an erga omnes basis, the reduced rate shall apply.

    2.   No new customs duties on imports or exports, or charges having equivalent effect, shall be introduced, nor shall those already applied be increased, in trade between the Community and Egypt, unless this Agreement provides otherwise.

    3.   The Parties shall communicate to each other their respective applied rates on 1 January 1999.

    Article 19

    1.   Products originating in Egypt shall not, on importation into the Community, be accorded a treatment more favourable than that which the Member States apply among themselves.

    2.   Application of the provisions of this Agreement shall be without prejudice to the special provisions for the application of the Community law to the Canary Islands.

    Article 20

    1.   The Parties shall refrain from any measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party.

    2.   Products exported to the territory of one of the Parties may not benefit from repayment of indirect internal taxation in excess of the amount of indirect taxation imposed on them either directly or indirectly.

    Article 21

    1.   This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade, except in so far as they alter the trade arrangements provided for in this Agreement.

    2.   Consultation between the Parties shall take place within the Association Council concerning agreements establishing customs unions or free trade areas and, where requested, on other major issues related to their respective trade policy with third countries. In particular, in the event of a third country acceding to the Union, such consultation shall take place so as to ensure that account can be taken of the mutual interests of the Parties.

    Article 22

    If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of the provisions of Article VI of the GATT 1994, it may take appropriate measures against this practice in accordance with the WTO Agreement on the Implementation of Article VI of the GATT 1994 and related internal legislation.

    Article 23

    Without prejudice to Article 34, the WTO Agreement on Subsidies and Countervailing Measures shall apply between the Parties.

    Until the necessary rules referred to in Article 34(2) are adopted, if either Party finds that subsidy is taking place in trade with the other party within the meanings of Articles VI and XVI of the GATT 1994, it may invoke appropriate measures against this practice in accordance with the WTO Agreement on Subsidies and Countervailing Measures and related internal legislation.

    Article 24

    1.   The provisions of the Article XIX GATT 1994 and the WTO Agreement on Safeguards shall apply between the Parties.

    2.   Before applying safeguard measures pursuant to the provisions of the Article XIX GATT 1994 and the WTO Agreement on Safeguards, the Party intending to apply such measures shall supply the Association Committee with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.

    In order to find such a solution, the Parties shall immediately hold consultations within the Association Committee. If, as a result of the consultations, the Parties do not reach an agreement within 30 days of the initiation of the consultations on a solution to avoid the application of the safeguard measures, the Party intending to apply safeguard measures may apply the provisions of the Article XIX GATT 1994 and the WTO Agreement on Safeguards.

    3.   In the selection of safeguard measures pursuant to this Article, the Parties shall give priority to those which cause least disturbance to the achievement of the objectives of this Agreement.

    4.   Safeguard measures shall be notified immediately to the Association Committee and shall be the subject of periodic consultations within the Committee, particularly with a view to their abolition as soon as circumstances permit.

    Article 25

    1.   Where compliance with the provisions of Article 17(3) leads to:

    (i)

    re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties, or measures having equivalent effect, or

    (ii)

    a serious shortage, or threat thereof, of a product essential to the exporting Party;

    and where the situations referred to above give rise, or are likely to give rise, to major difficulties for the exporting Party, that Party may take appropriate measures, according to the procedures laid down in paragraph 2.

    2.   The difficulties arising from the situations referred to in paragraph 1 shall be submitted for examination to the Association Committee. The Committee may take any decision needed to put an end to the difficulties. If it has not taken such a decision within 30 days of the matter being referred to it, the exporting Party may apply appropriate measures on the exportation of the product concerned. The measures shall be non-discriminatory and be eliminated when conditions no longer justify their maintenance.

    Article 26

    Nothing in this Agreement shall preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security, of the protection of health and life of humans, animals or plants, of the protection of national treasures possessing artistic, historic or archaeological value, of the protection of intellectual property or of regulations concerning gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties.

    Article 27

    The concept of ‘originating products’ for the application of the provisions of this Title and the methods of administrative cooperation relating to them are set out in Protocol 4.

    Article 28

    The Combined Nomenclature of goods shall be applied to the classification of goods for imports into the Community. The Egyptian customs tariff shall be applied to the classification of goods for imports into Egypt.

    TITLE III

    RIGHT OF ESTABLISHMENT AND SUPPLY OF SERVICES

    Article 29

    1.   The Parties reaffirm their respective commitments under the terms of the General Agreement on Trade in Services (GATS) annexed to the Agreement establishing the WTO, and in particular the commitment to accord each other most-favoured-nation treatment in trade in service sectors covered by these commitments.

    2.   In accordance with the GATS, this treatment shall not apply to:

    (a)

    advantages accorded by either Party under the provisions of an agreement as defined in Article V of the GATS or under measures adopted on the basis of such an agreement;

    (b)

    other advantages accorded pursuant to the list of most-favoured-nation exemptions annexed by either Party to the GATS.

    Article 30

    1.   The Parties will consider extending the scope of the Agreement to include the right of establishment of companies of one Party in the territory of another Party and the liberalisation of the supply of services by companies of one Party to service consumers in another Party.

    2.   The Association Council shall make the necessary recommendations for the implementation of the objective set out in paragraph 1.

    When formulating these recommendations, the Association Council shall take into account the experience gained by the implementation of the MFN treatment granted to each other by the Parties in accordance with their respective obligations under the GATS, and in particular Article V thereof.

    3.   The objective set out in paragraph 1 of this Article shall be subject to a first examination by the Association Council at the latest five years after the entry into force of this Agreement.

    TITLE IV

    CAPITAL MOVEMENTS AND OTHER ECONOMIC MATTERS

    CHAPTER 1

    Payments and capital movements

    Article 31

    Subject to the provisions of Article 33, the Parties undertake to authorise, in fully convertible currency, any payments to the current account.

    Article 32

    1.   The Community and Egypt will ensure, from the entry into force of the Agreement, the free circulation of capital for direct investments made in companies formed in accordance with the laws of the host country, and the liquidation or repatriation of these investments and of any profit stemming therefrom.

    2.   The Parties will hold consultations with a view to facilitating the movement of capital between the Community and Egypt and achieve its complete liberalisation as soon as conditions are met.

    Article 33

    Where one or several Member States of the Community or Egypt face, or risk facing, serious difficulties concerning balance of payments, the Community or Egypt respectively may, in conformity with the conditions laid down within the framework of the GATT and Articles VIII and XIV of the Statutes of the International Monetary Fund, take restrictive measures with regard to current payments if such measures are strictly necessary. The Community or Egypt, as appropriate, shall inform the other Party immediately thereof and shall provide as soon as possible a timetable for the removal of such measures.

    CHAPTER 2

    Competition and other economic matters

    Article 34

    1.   The following are incompatible with the proper functioning of the Agreement, in so far as they may affect trade between the Community and Egypt:

    (i)

    all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition;

    (ii)

    abuse by one or more undertakings of a dominant position in the territories of the Community or Egypt as a whole or in a substantial part thereof;

    (iii)

    any public aid which distorts, or threatens to distort, competition by favouring certain undertakings or the production of certain goods.

    2.   The Association Council shall, within five years of the entry into force of the Agreement, adopt by decision the necessary rules for the implementation of paragraph 1.

    Until these rules are adopted, the provisions of Article 23 shall be applied as regards the implementation of paragraph 1(iii).

    3.   Each Party shall ensure transparency in the area of public aid, inter alia, by reporting annually to the other Party on the total amount and the distribution of the aid given and by providing, upon request, information on aid schemes. Upon request by one Party, the other Party shall provide information on particular individual cases of public aid.

    4.   With regard to agricultural products referred to in Title II, Chapter 2, paragraph 1(iii) does not apply. The WTO Agreement on Agriculture and the relevant provisions on WTO Agreement on Subsidies and Countervailing Duties shall apply with regard to these products.

    5.   If the Community or Egypt considers that a particular practice is incompatible with the terms of paragraph 1, and:

    —

    is not adequately dealt with under the implementing rules referred to in paragraph 2, or

    —

    in the absence of such rules, and if such practice causes, or threatens to cause, serious prejudice to the interest of the other Party or material injury to its domestic industry, including its services industry.

    It may take appropriate measures after consultation within the Association Committee or after 30 working days following referral for such consultation.

    With reference to practices incompatible with paragraph 1(iii), such appropriate measures, when the WTO rules are applicable to them, may only be adopted in accordance with the procedures and under the conditions laid down by the WTO or by any other relevant instrument negotiated under its auspices and applicable to the Parties.

    6.   Notwithstanding any provisions to the contrary adopted in conformity with paragraph 2, the Parties shall exchange information taking into account the limitations imposed by the requirements of professional and business secrecy.

    Article 35

    The Member States and Egypt shall progressively adjust, without prejudice to their commitments to the GATT, any State monopolies of a commercial character, so as to ensure that, by the end of the fifth year following the entry into force of this Agreement, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and Egypt. The Association Committee will be informed of the measures adopted to implement this objective.

    Article 36

    With regard to public enterprises and enterprises to which special or exclusive rights have been granted, the Association Council shall ensure that, as from the fifth year following the date of entry into force of this Agreement, there is neither enacted nor maintained any measure distorting trade between the Community and Egypt contrary to the Parties' interests. This provision should not obstruct the performance in law or in fact of the particular tasks assigned to these enterprises.

    Article 37

    1.   Pursuant to the provisions of this Article and of Annex VI, the Parties shall grant and ensure adequate and effective protection of intellectual property rights in accordance with the prevailing international standards, including effective means of enforcing such rights.

    2.   The implementation of this Article and of Annex VI shall be regularly reviewed by the Parties. If problems in the area of intellectual property affecting trading conditions were to occur, urgent consultations shall be undertaken, at the request of either Party, with a view to reaching mutually satisfactory solutions.

    Article 38

    The Parties agree on the objective of a progressive liberalisation of public procurement. The Association Council will hold consultations on the implementation of this objective.

    TITLE V

    ECONOMIC COOPERATION

    Article 39

    Objectives

    1.   The Parties undertake to intensify economic cooperation in their mutual interest.

    2.   The aim of economic cooperation shall be to:

    —

    encourage the implementation of the overall objectives of this Agreement,

    —

    promote balanced economic relations between the Parties,

    —

    support Egypt's own efforts to achieve sustainable economic and social development.

    Article 40

    Scope

    1.   Cooperation shall focus primarily on sectors suffering from internal difficulties or affected by the overall process of liberalisation of the Egyptian economy, and in particular by the liberalisation of trade between Egypt and the Community.

    2.   Similarly, cooperation shall focus on areas likely to bring the economies of the Community and Egypt closer together, particularly those which will generate growth and employment.

    3.   Cooperation shall encourage the implementation of measures designed to develop intra-regional cooperation.

    4.   Conservation of the environment and ecological balance shall be taken into account in the implementation of the various sectors of economic cooperation to which it is relevant.

    5.   The Parties may agree to extend the economic cooperation to other sectors not covered by the provisions of this Title.

    Article 41

    Methods and modalities

    Economic cooperation shall be implemented in particular by:

    (a)

    a regular economic dialogue between the Parties, which covers all areas of macroeconomic policy;

    (b)

    regular exchange of information and ideas in every sector of cooperation including meetings of officials and experts;

    (c)

    transfer of advice, expertise and training;

    (d)

    implementation of joint actions such as seminars and workshops;

    (e)

    technical, administrative and regulatory assistance.

    Article 42

    Education and training

    The Parties shall cooperate with the objective of identifying and employing the most effective means to improve significantly education and vocational training, in particular with regard to public and private enterprises, trade-related services, public administrations and authorities, technical agencies, standardisation and certification bodies and other relevant organisations. In this context, the access of women to higher education and training will receive special attention.

    Cooperation shall also encourage the establishment of links between specialised bodies in the Community and in Egypt and shall promote the exchange of information and experience and the pooling of technical resources.

    Article 43

    Scientific and technological cooperation

    Cooperation shall have the objective of:

    (a)

    encouraging the establishment of durable links between the scientific communities of the Parties, notably through:

    —

    the access of Egypt to Community R & D programmes, in conformity with existing provisions concerning the participation of third countries,

    —

    the participation of Egypt in networks of decentralised cooperation,

    —

    the promotion of synergy between training and research;

    (b)

    strengthening research capacity in Egypt;

    (c)

    stimulating technological innovation, transfer of new technologies, and dissemination of know-how.

    Article 44

    Environment

    1.   Cooperation shall aim at preventing deterioration of the environment, controlling pollution and ensuring the rational use of natural resources, with a view to ensuring sustainable development.

    2.   Cooperation shall focus, in particular, on:

    —

    desertification,

    —

    quality of Mediterranean water and the control and prevention of marine pollution,

    —

    water resource management,

    —

    energy management,

    —

    waste management,

    —

    salinisation,

    —

    environmental management of sensitive coastal areas,

    —

    the impact of industrial development and the safety of industrial plant in particular,

    —

    the impact of agriculture on soil and water quality,

    —

    environmental education and awareness.

    Article 45

    Industrial cooperation

    Cooperation shall promote and encourage in particular:

    —

    the debate regarding industrial policy and competitiveness in an open economy,

    —

    industrial cooperation between economic operators in the Community and in Egypt, including access for Egypt to the Community's networks for the rapprochement of businesses and to networks created in the context of decentralised cooperation,

    —

    modernisation and restructuring of Egyptian industry,

    —

    the establishment of an environment favourable to the development of private enterprise, in order to stimulate the growth and the diversification of industrial production,

    —

    technology transfer, innovation and R & D,

    —

    the enhancement of human resources,

    —

    access to the capital market for the financing of productive investments.

    Article 46

    Investments and promotion of investments

    Cooperation shall aim at increasing the flow of capital, expertise and technology to Egypt through, inter alia:

    —

    appropriate means of identifying investment opportunities and information channels on investment regulations,

    —

    providing information on European investment regimes (such as technical assistance, direct financial support, fiscal incentives and investment insurance) related to outward investments and enhancing the possibility for Egypt to benefit from them,

    —

    a legal environment conducive to investment between the two Parties, where appropriate through the conclusion by the Member States and Egypt of investment protection agreements, and agreements to prevent double taxation,

    —

    examining the creation of joint ventures, especially for SMEs and, when appropriate, the conclusion of agreements between the Member States and Egypt,

    —

    establishing mechanisms for encouraging and promoting investments.

    Cooperation may extend to the planning and implementation of projects demonstrating the effective acquisition and use of basic technologies, the use of standards, the development of human resources and the creation of jobs locally.

    Article 47

    Standardisation and conformity assessment

    The Parties shall aim to reduce differences in standardisation and conformity assessment. Cooperation in this field shall focus in particular on:

    (a)

    rules in the field of standardisation, metrology, quality standards, and recognition of conformity, in particular as regards sanitary and phytosanitary standards for agricultural products and foodstuffs;

    (b)

    upgrading the level of Egyptian conformity assessment bodies, with a view to the establishment, in due time, of mutual recognition agreements in the area of conformity assessment;

    (c)

    developing structures for the protection of intellectual, industrial and commercial property rights, for standardisation and for setting quality standards.

    Article 48

    Approximation of laws

    The Parties shall use their best endeavours to approximate their respective laws in order to facilitate the implementation of this Agreement.

    Article 49

    Financial services

    The Parties shall cooperate with a view to the rapprochement of their standards and rules, in particular:

    (a)

    to encourage the strengthening and restructuring of the financial sector in Egypt;

    (b)

    to improve accounting and supervisory and regulatory systems of banking, insurance and other parts of the financial sector in Egypt.

    Article 50

    Agriculture and fisheries

    Cooperation shall be aimed at:

    (a)

    the modernisation and restructuring of agriculture and fisheries, including: the modernisation of infrastructures and of equipment; the development of packaging, storage and marketing techniques; the improvement of private distribution channels;

    (b)

    the diversification of production and of external outlets, inter alia, through the encouragement of joint ventures in the agri-business sector;

    (c)

    the promotion of cooperation in veterinary and phytosanitary matters and in growing techniques, with the objective of facilitating trade between the Parties. In this regard, the Parties shall exchange information.

    Article 51

    Transport

    Cooperation shall be aimed at:

    —

    the restructuring and modernisation of road, port and airport infrastructures linked to the main trans-European lines of communication of common interest,

    —

    the establishment and enforcement of operating standards comparable to those prevailing in the Community,

    —

    the upgrading of technical equipment for road/rail transport, container traffic and transhipment,

    —

    the improvement of management of airports, railways and air traffic control, including cooperation between the relevant national bodies,

    —

    the improvement of navigation aids.

    Article 52

    Information society and telecommunications

    The Parties recognise that information and communication technologies constitute a key element of modern society, vital to economic and social development and a cornerstone of the emerging information society.

    The cooperation activities between the Parties in this field shall aim at :

    —

    a dialogue on issues related to the different aspects of the information society, including telecommunications policies,

    —

    the exchanges of information and eventual technical assistance with regulatory matters, standardisation, conformity testing and certification in relation to information technologies and telecommunications,

    —

    the diffusion of new information and communications technologies and the refinement of new applications in these fields,

    —

    the implementation of joint projects for research, technical development or industrial applications in information technologies, communications, telematics and information society,

    —

    the participation of Egyptian organisations in pilot projects and European programmes within the established frameworks,

    —

    interconnection between networks and the interoperability of telematic services in the Community and Egypt.

    Article 53

    Energy

    The priority areas of cooperation shall be:

    —

    the promotion of renewable energies,

    —

    the promotion of energy-saving and energy efficiency,

    —

    applied research into data bank networks in the economic and social sectors, linking Community and Egyptian operators in particular,

    —

    support for the modernisation and development of energy networks and for their linking to European Community networks.

    Article 54

    Tourism

    Priorities for cooperation shall be:

    —

    promoting investments in tourism,

    —

    improving the knowledge of the tourist industry and ensuring greater consistency of policies affecting tourism,

    —

    promoting a good seasonal spread of tourism,

    —

    promoting cooperation between regions and cities of neighbouring countries,

    —

    highlighting the importance of the cultural heritage for tourism,

    —

    ensuring that the interaction between tourism and the environment is suitably maintained,

    —

    making tourism more competitive through support for increased professionalism.

    Article 55

    Customs

    1.   The Parties shall develop customs cooperation to ensure that the provisions on trade are observed. Cooperation will focus in particular on:

    (a)

    the simplification of controls and procedures concerning the customs clearance of goods;

    (b)

    the introduction of the single administrative document and a system to link up the Community's and Egypt's transit arrangements.

    2.   Without prejudice to other forms of cooperation envisaged in this Agreement, notably for the fight against drugs and money laundering, the Parties' administrations will provide mutual assistance in accordance with the provisions of Protocol 5.

    Article 56

    Cooperation on statistics

    The main objective of cooperation in this field shall be to harmonise methodology in order to create a reliable basis for handling statistics in all the fields that are covered by this Agreement and lend themselves to the establishment of statistics.

    Article 57

    Money laundering

    1.   The Parties shall cooperate with a view in particular to preventing the use of their financial systems to launder the proceeds arising from criminal activities in general and drug trafficking in particular.

    2.   Cooperation in this field shall include, in particular, technical and administrative assistance aimed at establishing effective standards relating to the fight against money laundering in line with international standards.

    Article 58

    Fight against drugs

    1   The Parties shall cooperate with a view in particular to:

    —

    improving the effectiveness of policies and measures to counter the supply of, and illicit trafficking in, narcotic drugs and psycho-tropic substances and the reduction of the abuse of these products,

    —

    encouraging a joint approach to reducing demand.

    2.   The Parties shall determine together, in accordance with their respective legislation, the strategies and cooperation methods appropriate for attaining these objectives. Their operations, other than joint operations, shall form the subject of consultations and close coordination.

    The relevant governmental and non-governmental sector bodies, in accordance with their own powers, working with the competent bodies of Egypt, the Community and its Member States, may take part in these operations.

    3.   Cooperation shall take the form of exchanges of information and, where appropriate, joint activities on:

    —

    establishment or extension of social and health institutions and information centres for the treatment and rehabilitation of drug addicts,

    —

    implementation of projects in the areas of prevention, training and epidemiological research,

    —

    establishment of effective standards relating to the prevention of the diversion of precursors and other essential substances used for the illicit production of narcotic drugs and psychotropic substances, in line with international standards.

    Article 59

    Fight against terrorism

    In accordance with international conventions and with their respective national legislations, the Parties shall cooperate in this field and focus in particular on:

    —

    exchange of information on means and methods used to counter terrorism,

    —

    exchange of experiences in respect of terrorism prevention,

    —

    joint research and studies in the area of terrorism prevention.

    Article 60

    Regional cooperation

    Regional cooperation shall focus on:

    —

    development of economic infrastructures,

    —

    scientific and technological research,

    —

    intra-regional trade,

    —

    customs matters,

    —

    cultural matters,

    —

    environmental issues.

    Article 61

    Consumer protection

    Cooperation in this field should be geared to making consumer protection schemes in the European Community and Egypt compatible and should, as far as possible, involve:

    —

    increasing the compatibility of consumer legislation in order to avoid barriers to trade,

    —

    establishment and development of systems of mutual information on dangerous food and industrial products and interconnecting them (rapid alert systems),

    —

    exchanges of information and experts,

    —

    organising training schemes and supplying technical assistance.

    TITLE VI

    CHAPTER 1

    Dialogue and cooperation on social matters

    Article 62

    The Parties reaffirm the importance they attach to the fair treatment of their workers legally residing and employed in the territory of the other Party. The Member States and Egypt, at the request of any of them, agree to initiate talks on reciprocal bilateral agreements related to the working conditions and social security rights of Egyptian and Member State workers legally resident and employed in their respective territory.

    Article 63

    1.   The Parties shall conduct regular dialogue on social matters which are of interest to them.

    2.   This dialogue shall be used to find ways to achieve progress in the field of movement of workers and equal treatment and social integration of Egyptian and Community nationals legally residing in the territories of their host countries.

    3.   The dialogue shall notably cover all issues related to:

    (a)

    migrant communities' living and working conditions;

    (b)

    migration;

    (c)

    illegal migration;

    (d)

    actions to encourage equal treatment between Egyptian and Community nationals, mutual knowledge of cultures and civilizations, the furthering of tolerance and the removal of discrimination.

    Article 64

    Dialogue on social matters shall be conducted in accordance with the same procedures as those provided for in Title I of this Agreement.

    Article 65

    With a view to consolidating cooperation between the Parties in the social field, projects and programmes shall be carried out in any area of interest to them.

    Priority will be given to:

    (a)

    reducing migratory pressures, notably by improving living conditions, creating jobs, and income generating activities and developing training in areas from which emigrants come;

    (b)

    promoting the role of women in economic and social development;

    (c)

    bolstering and developing Egyptian family planning and mother and child protection programmes;

    (d)

    improving the social protection system;

    (e)

    improving the health care system;

    (f)

    improving living conditions in poor areas;

    (g)

    implementing and financing exchange and leisure programmes for mixed groups of Egyptian and European young people residing in the Member States, with a view to promoting mutual knowledge of their respective cultures and fostering tolerance.

    Article 66

    Cooperation schemes may be carried out in cooperation with the Member States and the relevant international organisations.

    Article 67

    A working group shall be set up by the Association Council by the end of the first year following the entry into force of this Agreement. It shall be responsible for the continuous and regular evaluation of the implementation of Chapters 1 to 3.

    CHAPTER 2

    Cooperation for the prevention and control of illegal immigration and other consular issues

    Article 68

    The Parties agree to cooperate in order to prevent and control illegal immigration. To this end:

    —

    each of the Member States agrees to readmit any of its nationals illegally present on the territory of Egypt, upon request by the latter and without further formalities once such persons have been positively identified as such,

    —

    Egypt agrees to readmit any of its nationals illegally present on the territory of a Member State, upon request by the latter and without further formalities once such persons have been positively identified as such.

    The Member States and Egypt will also provide their nationals with appropriate identity documents for such purposes.

    In respect of the Member States of the European Union, the obligations in this Article shall apply only in respect of those persons who are to be considered their nationals for Community purposes.

    In respect of Egypt, the obligation in this Article shall apply only in respect of those persons who are considered nationals of Egypt in accordance to the Egyptian legal system and all the relevant laws concerning citizenship.

    Article 69

    After the entry into force of the Agreement, the Parties, at the request of any of them, shall negotiate and conclude bilateral agreements with each other, regulating specific obligations for the readmission of their nationals. These agreements shall also cover, if deemed necessary by any of the Parties, arrangements for the readmission of third country nationals. Such agreements will lay down the details about the categories of persons covered by these arrangements as well as the modalities of their readmission.

    Adequate financial and technical assistance to implement these agreements will be provided to Egypt.

    Article 70

    The Association Council shall examine what other joint efforts can be made to prevent and control illegal immigration as well as deal with other consular issues.

    CHAPTER 3

    Cooperation in cultural matters, audiovisual media and information

    Article 71

    1.   The Parties agree to promote cultural cooperation in fields of mutual interest and in a spirit of respect for each other's cultures. They shall establish a sustainable cultural dialogue. This cooperation shall promote in particular:

    —

    conservation and restoration of historic and cultural heritage (such as monuments, sites, artefacts, rare books and manuscripts),

    —

    exchange of art exhibitions, troupes of performing arts, artists, men of letters, intellectuals and cultural events,

    —

    translations,

    —

    training of persons working in the cultural field.

    2.   Cooperation in the field of audiovisual media shall seek to encourage cooperation in such areas as co-production and training. The Parties shall seek ways to encourage Egyptian participation in Community initiatives in this sector.

    3.   The Parties agree that existing cultural programmes of the Community and of one or more of the Member States and further activities of interest to both sides can be extended to Egypt.

    4.   The Parties shall, in addition, work to promote cultural cooperation of a commercial nature, particularly through joint projects (production, investment and marketing), training and exchange of information.

    5.   The Parties shall, in identifying cooperation projects, programmes and joint activities, give special attention to young people, self-expression, heritage conservation issues, the dissemination of culture, and communication skills using written and audiovisual media.

    6.   Cooperation shall be implemented in particular through:

    —

    a regular dialogue between the Parties,

    —

    regular exchange of information and ideas in every sector of cooperation including meetings of officials and experts,

    —

    transfer of advice, expertise and training,

    —

    implementation of joint actions such as seminars and workshops,

    —

    technical, administrative and regulatory assistance,

    —

    dissemination of information on cooperation initiatives.

    TITLE VII

    FINANCIAL COOPERATION

    Article 72

    In order to achieve the objectives of this Agreement, a financial cooperation package shall be made available to Egypt in accordance with the appropriate procedures and the financial resources required.

    Financial cooperation shall focus on:

    —

    promoting reforms designed to modernise the economy,

    —

    upgrading economic infrastructure,

    —

    promoting private investment and job-creating activities,

    —

    responding to the economic repercussions for Egypt of the gradual introduction of a free trade area, notably by upgrading and restructuring industry and enhancing Egypt's export capacity,

    —

    accompanying measures for policies implemented in the social sector,

    —

    promoting Egypt's capacity and capabilities in the field of the protection of intellectual property rights,

    —

    where appropriate, supplementary measures for the implementation of bilateral agreements to prevent and control illegal immigration,

    —

    accompanying measures for the establishment and implementation of competition legislation.

    Article 73

    In order to ensure that a coordinated approach is adopted to any exceptional macro-economic and financial problems that might arise as a result of the implementation of this Agreement, the Parties shall use the regular economic dialogue provided for in Title V to give particular attention to monitoring trade and financial trends in relations between the Community and Egypt.

    TITLE VIII

    INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

    Article 74

    An Association Council is hereby established which shall meet at ministerial level once a year and when circumstances require, at the initiative of its President and in accordance with the conditions laid down in its rules of procedure.

    It shall examine any major issues arising within the framework of this Agreement and any other bilateral or international issues of mutual interest.

    Article 75

    1.   The Association Council shall consist of the members of the Council of the European Union and of the Commission of the European Communities, on the one hand, and members of the Government of Egypt, on the other.

    2.   Members of the Association Council may arrange to be represented in accordance with the provisions laid down in its rules of procedure.

    3.   The Association Council shall establish its rules of procedure.

    4.   The Association Council shall be presided in turn by a member of the Council of the European Union and a member of the Government of Egypt, in accordance with the provisions laid down in its rules of procedure.

    Article 76

    The Association Council shall, for the purpose of attaining the objectives of the Agreement, have the power to take decisions in the cases provided for therein.

    The decisions taken shall be binding on the Parties, which shall take the measures necessary to implement them. The Association Council may also make appropriate recommendations.

    The Association Council shall draw up its decisions and recommendations by agreement between the two Parties.

    Article 77

    1.   Subject to the powers of the Association Council, an Association Committee is hereby established which shall be responsible for the implementation of the Agreement.

    2.   The Association Council may delegate to the Association Committee, in full or in part, any of its powers.

    Article 78

    1.   The Association Committee, which shall meet at official level, shall consist of representatives of members of the Council of the European Union and of the Commission of the European Communities, on the one hand, and of representatives of the Government of Egypt, on the other.

    2.   The Association Committee shall establish its rules of procedure.

    3.   The Association Committee shall be presided in turn by a representative of the Presidency of the Council of the European Union and by a representative of the Government of Egypt.

    Article 79

    1.   The Association Committee shall have the power to take decisions for the management of the Agreement as well as in the areas in which the Association Council has delegated its powers to it.

    2.   The Association Committee shall draw up its decisions by agreement between the two Parties. These decisions shall be binding on the Parties which shall take the measures necessary to implement the decisions taken.

    Article 80

    The Association Council may decide to set up any working group or body necessary for the implementation of the Agreement. It shall define the terms of reference of any such working group or body that shall be subordinate to it.

    Article 81

    The Association Council shall take all appropriate measures to facilitate cooperation and contacts between the European Parliament and the Egyptian People's Assembly.

    Article 82

    1.   Each of the Parties may refer to the Association Council any dispute relating to the application or interpretation of this Agreement.

    2.   The Association Council may settle the dispute by means of a decision.

    3.   Each Party shall be bound to take the measures involved in carrying out the decision referred to in paragraph 2.

    4.   In the event of it not being possible to settle the dispute in accordance with paragraph 2, either Party may notify the other of the appointment of an arbitrator; the other Party must then appoint a second arbitrator within two months. For the application of this procedure, the Community and the Member States shall be deemed to be one party to the dispute.

    The Association Council shall appoint a third arbitrator.

    The arbitrators' decisions shall be taken by majority vote.

    Each party to the dispute must take the steps required to implement the decision of the arbitrators.

    Article 83

    Nothing in this Agreement shall prevent a Party from taking any measures:

    (a)

    which it considers necessary to prevent the disclosure of information contrary to its essential security interests;

    (b)

    which relate to the production of, or trade in, arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;

    (c)

    which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.

    Article 84

    In the fields covered by this Agreement and without prejudice to any special provisions contained therein:

    —

    the arrangements applied by Egypt in respect of the Community shall not give rise to any discrimination between the Member States, their nationals or their companies or firms,

    —

    the arrangements applied by the Community in respect of Egypt shall not give rise to discrimination between Egyptian nationals or its companies or firms.

    Article 85

    As regards direct taxation, nothing in this Agreement shall have the effect of:

    —

    extending the fiscal advantages granted by either Party in any international agreement or arrangement by which it is bound,

    —

    preventing the adoption or application by either Party of any measure aimed at preventing the avoidance or evasion of taxes,

    —

    opposing the right of either Party to apply the relevant provisions of its tax legislation to taxpayers who are not in identical situation, in particular as regards their place of residence.

    Article 86

    1.   The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.

    2.   If either Party considers that the other Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures. Before so doing, except in cases of a material breach of this Agreement by the other Party, it shall supply the Association Council with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.

    A material breach of this Agreement shall consist of the repudiation of this Agreement not sanctioned by the general rules of international law or a grave violation of an essential element of this Agreement, creating an environment not conducive for consultations or where a delay would be detrimental to the objectives of this Agreement.

    3.   In the selection of the appropriate measures referred to in paragraph 2, priority must be given to those which least disturb the functioning of this Agreement. The Parties also agree that these measures shall be taken in accordance with international law and shall be proportional to the violation.

    The measures shall be notified immediately to the Association Council and shall be the subject of consultations within the Association Council if the other Party so requests. If one Party takes a measure as a result of a material breach of this Agreement referred to in paragraph 2, the other Party may invoke the dispute settlement procedure.

    Article 87

    Protocols 1 to 5 and Annexes I to VI shall form an integral part of this Agreement.

    Article 88

    For the purpose of this Agreement the term ‘Parties’ shall mean Egypt on the one hand and the Community, or the Member States, or the Community and the Member States, in accordance with their respective powers, on the other hand.

    Article 89

    This Agreement is concluded for an unlimited period.

    Each of the Parties may denounce this Agreement by notifying the other Party. This Agreement shall cease to apply six months after the date of such notification.

    Article 90

    This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing the European Community, and the European Coal and Steel Community are applied and under the conditions laid down in those Treaties and, on the other hand, to the territory of Egypt.

    Article 91

    This Agreement shall be drawn up in duplicate in the Arabic, Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, and Swedish languages, each of these texts being equally authentic.

    Article 92

    1.   This Agreement will be approved by the Parties in accordance with their own procedures.

    This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to in the first subparagraph have been completed.

    2.   Upon its entry into force, this Agreement shall replace the Agreement between the European Economic Community and Egypt, and the Agreement between the European Coal and Steel Community and Egypt, signed in Brussels on 18 January 1977.

    Hecho en Luxemburgo, el veinticinco de junio de dos mil uno.

    Udfærdiget i Luxembourg den femogtyvende juni to tusind og et.

    Geschehen zu Luxemburg am fünfundzwanzigsten Juni zweitausendundeins.

    Έγινε στο Λουξεμβούργο, στις είκοσι πέντε Ιουνίου δύο χιλιάδες ένα.

    Done at Luxembourg on the twenty-fifth day of June in the year two thousand and one.

    Fait à Luxembourg, le vingt-cinq juin deux mille un.

    Fatto a Lussemburgo, addì venticinque giugno duemilauno.

    Gedaan te Luxemburg, de vijfentwintigste juni tweeduizendeneen.

    Feito no Luxemburgo, em vinte e cinco de Junho de dois mil e um.

    Tehty Luxemburgissa kahdentenakymmenentenäviidentenä päivänä kesäkuuta vuonna kaksituhattayksi.

    Som skedde i Luxemburg den tjugofemte juni tjugohundraett.

    Image 7

    Pour le Royaume de Belgique

    Voor het Koninkrijk België

    Für das Königreich Belgien

    Image 8

    Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.

    Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaams Gewest, het Waals Gewest en het Brussels Hoofdstedelijk Gewest.

    Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

    På Kongeriget Danmarks vegne

    Image 9

    Für die Bundesrepublik Deutschland

    Image 10

    Για την Ελληνική Δημοκρατία

    Image 11

    Por el Reino de España

    Image 12

    Pour la République française

    Image 13

    Thar cheann Na hÉireann

    For Ireland

    Image 14

    Per la Repubblica italiana

    Image 15

    Pour le Grand-Duché de Luxembourg

    Image 16

    Voor het Koninkrijk der Nederlanden

    Image 17

    Für die Republik Österreich

    Image 18

    Pela República Portuguesa

    Image 19

    Suomen tasavallan puolesta

    Image 20

    För Konungariket Sverige

    Image 21

    For the United Kingdom of Great Britain and Northern Ireland

    Image 22

    Por las Comunidades Europeas

    For De Europæiske Fællesskaber

    Für die Europäischen Gemeinschaften

    Για τις Ευρωπαïκές Κοινότητες

    For the European Communities

    Pour les Communautés européennes

    Per le Comunità europee

    Voor de Europese Gemeenschappen

    Pelas Comunidades Europeias

    Euroopan yhteisöjen puolesta

    På Europeiska gemenskapernas vägnar

    Image 23

    Image 24

    LIST OF ANNEXES AND PROTOCOLS

    Annex I:

    		 List of agricultural and processed agricultural products falling within Chapters 25 to 97 of the harmonised system referred to in Articles 7 and 12.

    Annex II:

    		 Lists of industrial products originating in the Community to which are applicable, on importation into Egypt, the schedules for tariff dismantling referred to in Article 9(1).

    Annex III:

    		 Lists of industrial products originating in the Community to which are applicable, on importation into Egypt, the schedules for tariff dismantling referred to in Article 9(2).

    Annex IV:

    		 Lists of industrial products originating in the Community to which are applicable, on importation into Egypt, the schedules for tariff dismantling referred to in Article 9(3).

    Annex V:

    		 List of industrial products originating in the Community referred to in Article 9(4).

    Annex VI:

    		 Intellectual property rights referred to in Article 37.

    Protocol 1:

    		 Arrangements applicable to imports into the Community of agricultural products originating in Egypt.

    Protocol 2:

    		 Arrangements applicable to imports into Egypt of agricultural products originating in the Community.

    Protocol 3:

    		 Arrangements applicable to processed agricultural products.

    Protocol 4:

    		 Definition of the concept of ‘originating products’ and methods of administrative cooperation.

    Protocol 5:

    		 Mutual assistance between administrative authorities in customs matters.

    ANNEX I

    List of agricultural and processed agricultural products falling within chapters 25 to 97 of the Harmonised System referred to in Articles 7 and 12

    HS code

    2905 43

    (mannitol)

    HS code

    2905 44

    (sorbitol)

    HS code

    2905 45

    (glycerol)

    HS heading

    3301

    (essential oils)

    HS code

    3302 10

    (odoriferous substances)

    HS headings

    3501 to 3505

    (albuminoidal substances, modifies starches, glues)

    HS code

    3809 10

    (finishing agents)

    HS heading

    3823

    (industrial fatty acids, acid from oil refining, industrial fatty alcohols).

    HS code

    3824 60

    (sorbitol n.e.p.)

    HS headings

    4101 to 4103

    (hides and skins)

    HS heading

    4301

    (raw fur skins)

    HS headings

    5001 to 5003

    (raw silk and silk waste)

    HS headings

    5101 to 5103

    (wool and animal hair)

    HS headings

    5201 to 5203

    (raw cotton, waste and cotton carded or combed)

    HS heading

    5301

    (raw flax)

    HS heading

    5302

    (raw hemp)

    ANNEX II

    Lists of industrial products originating in the Community to which are applicable, on importation into Egypt, the schedules for tariff dismantling referred to in Article 9(1)

     

    2501001

     

    2502000

     

    2503100

     

    2503900

     

    2504100

     

    2504900

     

    2505109

     

    2505909

     

    2506100

     

    2506210

     

    2506290

     

    2507000

     

    2508100

     

    2508200

     

    2508300

     

    2508400

     

    2508500

     

    2508600

     

    2508700

     

    2509000

     

    2511100

     

    2511200

     

    2512000

     

    2513110

     

    2513190

     

    2513210

     

    2513290

     

    2514000

     

    2517100

     

    2517200

     

    2517300

     

    2517411

     

    2517491

     

    2518100

     

    2518200

     

    2518300

     

    2519100

     

    2519900

     

    2520201

     

    2521000

     

    2522100

     

    2522200

     

    2522300

     

    2524000

     

    2525100

     

    2525200

     

    2525300

     

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    8804000

     

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    8805200

     

    8901101

     

    8901102

     

    8901103

     

    8901201

     

    8901301

     

    8901901

     

    8901902

     

    8902001

     

    8902003

     

    8902300

     

    8904000

     

    8905100

     

    8905200

     

    8905900

     

    8907100

     

    8907900

     

    8908000

     

    9001100

     

    9005801

     

    9005901

     

    9006100

     

    9007190

     

    9007291

     

    9007919

     

    9007921

     

    9010101

     

    9010109

     

    9010201

     

    9010209

     

    9010300

     

    9010900

     

    9011100

     

    9011200

     

    9011800

     

    9011900

     

    9012100

     

    9012900

     

    9013100

     

    9013200

     

    9013800

     

    9013900

     

    9014100

     

    9014200

     

    9014800

     

    9014900

     

    9015100

     

    9015200

     

    9015300

     

    9015400

     

    9015800

     

    9015900

     

    9016000

     

    9017100

     

    9017201

     

    9017209

     

    9017300

     

    9017800

     

    9017900

     

    9018110

     

    9018190

     

    9018200

     

    9018312

     

    9018319

     

    9018320

     

    9018390

     

    9018410

     

    9018490

     

    9018500

     

    9018900

     

    9019100

     

    9019200

     

    9020000

     

    9021110

     

    9021190

     

    9021210

     

    9021290

     

    9021300

     

    9021400

     

    9021900

     

    9022110

     

    9022190

     

    9022210

     

    9022290

     

    9022300

     

    9022900

     

    9023000

     

    9024100

     

    9024800

     

    9024900

     

    9025110

     

    9025190

     

    9025200

     

    9025800

     

    9025900

     

    9026100

     

    9026200

     

    9026800

     

    9026900

     

    9027100

     

    9027200

     

    9027300

     

    9027400

     

    9027500

     

    9027800

     

    9027900

     

    9028100

     

    9028309

     

    9028900

     

    9029100

     

    9029200

     

    9029900

     

    9030100

     

    9030200

     

    9030310

     

    9030390

     

    9030400

     

    9030810

     

    9030890

     

    9030900

     

    9031100

     

    9031200

     

    9031300

     

    9031400

     

    9031800

     

    9031900

     

    9032100

     

    9032200

     

    9032810

     

    9032890

     

    9032900

     

    9033000

     

    9106100

     

    9106200

     

    9106900

     

    9107000

     

    9108110

     

    9108120

     

    9108190

     

    9108200

     

    9108910

     

    9108990

     

    9110110

     

    9110120

     

    9110190

     

    9110900

     

    9114100

     

    9114200

     

    9114300

     

    9114400

     

    9114900

     

    9405101

     

    9405501

     

    9501000

     

    9502091

     

    9502109

     

    9502910

     

    9502990

     

    9503100

     

    9503200

     

    9503300

     

    9503410

     

    9503490

     

    9503500

     

    9503600

     

    9503700

     

    9503800

     

    9503900

     

    9504100

     

    9506110

     

    9506120

     

    9506190

     

    9506210

     

    9506290

     

    9506310

     

    9506320

     

    9506390

     

    9506510

     

    9506590

     

    9506610

     

    9506620

     

    9506690

     

    9506700

     

    9506910

     

    9506990

     

    9507100

     

    9507200

     

    9507300

     

    9507900

     

    9508000

     

    9603500

     

    9607200

     

    9608601

     

    9618000

     

    9705000

    ANNEX III

    Lists of industrial products originating in the Community to which are applicable, on importation into Egypt, the schedules for tariff dismantling referred to in Article 9(2)

     

    2501009

     

    2505101

     

    2505901

     

    2510100

     

    2510200

     

    2517419

     

    2517499

     

    2520100

     

    2520209

     

    2520900

     

    2523291

     

    2526100

     

    2526209

     

    2530300

     

    2705000

     

    2707100

     

    2707200

     

    2707500

     

    2707600

     

    2707910

     

    2707990

     

    2708100

     

    2708200

     

    2710003

     

    2710009

     

    2711131

     

    2803000

     

    2804100

     

    2804300

     

    2804400

     

    2806100

     

    2806200

     

    2809209

     

    2810009

     

    2811110

     

    2811190

     

    2811210

     

    2811220

     

    2811230

     

    2811290

     

    2815110

     

    2815120

     

    2824100

     

    2824200

     

    2824901

     

    2824909

     

    2828101

     

    2828102

     

    2828901

     

    2829191

     

    2833110

     

    2833190

     

    2836209

     

    2836309

     

    2901101

     

    2901291

     

    2902200

     

    2902901

     

    2912600

     

    3005101

     

    3005109

     

    3005901

     

    3005909

     

    3006101

     

    3006500

     

    3204110

     

    3204121

     

    3204129

     

    3204130

     

    3204141

     

    3204149

     

    3204150

     

    3204160

     

    3204170

     

    3204191

     

    3204199

     

    3204200

     

    3204900

     

    3206100

     

    3206200

     

    3206300

     

    3206410

     

    3206420

     

    3206430

     

    3206490

     

    3206500

     

    3207201

     

    3207209

     

    3207300

     

    3207400

     

    3208101

     

    3208201

     

    3208901

     

    3209101

     

    3209901

     

    3210001

     

    3210003

     

    3210004

     

    3211009

     

    3212901

     

    3212902

     

    3213100

     

    3213900

     

    3214109

     

    3215110

     

    3215191

     

    3215199

     

    3215900

     

    3401111

     

    3401201

     

    3402111

     

    3402121

     

    3402131

     

    3402191

     

    3402901

     

    3402909

     

    3403111

     

    3403191

     

    3403911

     

    3403991

     

    3404901

     

    3407009

     

    3506100

     

    3506910

     

    3506990

     

    3601000

     

    3602000

     

    3603000

     

    3604901

     

    3604909

     

    3606100

     

    3606900

     

    3701200

     

    3701301

     

    3701309

     

    3701910

     

    3701991

     

    3701999

     

    3702200

     

    3702310

     

    3702320

     

    3702390

     

    3702410

     

    3702420

     

    3702430

     

    3702440

     

    3702519

     

    3702529

     

    3702530

     

    3702540

     

    3702559

     

    3702569

     

    3702919

     

    3702929

     

    3702930

     

    3702949

     

    3702959

     

    3703109

     

    3703209

     

    3703909

     

    3704000

     

    3705100

     

    3705200

     

    3705900

     

    3706101

     

    3706901

     

    3707100

     

    3707900

     

    3801111

     

    3808101

     

    3808109

     

    3808201

     

    3808209

     

    3808301

     

    3808309

     

    3808401

     

    3808409

     

    3808901

     

    3808909

     

    3811110

     

    3811191

     

    3811211

     

    3811291

     

    3811901

     

    3904109

     

    3904210

     

    3904220

     

    3909401

     

    3916100

     

    3916200

     

    3916900

     

    3917211

     

    3917221

     

    3917231

     

    3917291

     

    3917311

     

    3917321

     

    3917391

     

    3919900

     

    3919901

     

    3919909

     

    3920109

     

    3920200

     

    3920300

     

    3920410

     

    3920420

     

    3920510

     

    3920590

     

    3920610

     

    3920620

     

    3920630

     

    3920690

     

    3920710

     

    3920720

     

    3920730

     

    3920790

     

    3920910

     

    3920920

     

    3920930

     

    3920940

     

    3920990

     

    3921110

     

    3921120

     

    3921130

     

    3921140

     

    3921190

     

    3921909

     

    3923101

     

    3923211

     

    3923302

     

    3926101

     

    3926102

     

    3926201

     

    3926901

     

    3926902

     

    3926904

     

    3926905

     

    3926906

     

    3926908

     

    4001292

     

    4001302

     

    4002199

     

    4002209

     

    4002319

     

    4002399

     

    4002499

     

    4002599

     

    4002609

     

    4002709

     

    4002809

     

    4002999

     

    4005100

     

    4005200

     

    4005910

     

    4005990

     

    4006100

     

    4006900

     

    4007000

     

    4008110

     

    4008190

     

    4008210

     

    4008290

     

    4009100

     

    4009200

     

    4009300

     

    4009400

     

    4009500

     

    4010100

     

    4010919

     

    4010999

     

    4011100

     

    4011200

     

    4011300

     

    4011400

     

    4011500

     

    4011910

     

    4011990

     

    4012100

     

    4012200

     

    4012900

     

    4013100

     

    4013200

     

    4013900

     

    4014900

     

    4016109

     

    4016910

     

    4016929

     

    4016930

     

    4016940

     

    4016950

     

    4016994

     

    4016999

     

    4017002

     

    4017009

     

    4103200

     

    4104109

     

    4104210

     

    4104220

     

    4104299

     

    4104310

     

    4104390

     

    4105110

     

    4105120

     

    4105199

     

    4105200

     

    4106110

     

    4106120

     

    4106199

     

    4106200

     

    4107101

     

    4107211

     

    4107291

     

    4107901

     

    4111000

     

    4203101

     

    4203210

     

    4203291

     

    4203301

     

    4203401

     

    4204000

     

    4206109

     

    4206900

     

    4405000

     

    4408109

     

    4408209

     

    4408909

     

    4409109

     

    4409209

     

    4411110

     

    4411210

     

    4411310

     

    4411910

     

    4502000

     

    4503900

     

    4504100

     

    4504900

     

    4802101

     

    4802109

     

    4802200

     

    4802300

     

    4802400

     

    4802511

     

    4802519

     

    4802521

     

    4802529

     

    4802531

     

    4802539

     

    4802601

     

    4802609

     

    4803001

     

    4804110

     

    4804190

     

    4804210

     

    4804290

     

    4804310

     

    4804390

     

    4804410

     

    4804420

     

    4804490

     

    4804510

     

    4804520

     

    4804590

     

    4805100

     

    4805210

     

    4805220

     

    4805230

     

    4805290

     

    4805300

     

    4805400

     

    4805500

     

    4805600

     

    4805700

     

    4805800

     

    4806100

     

    4806200

     

    4806300

     

    4806400

     

    4807100

     

    4807910

     

    4807990

     

    4808100

     

    4808200

     

    4808300

     

    4808900

     

    4809100

     

    4809200

     

    4809300

     

    4809900

     

    4810110

     

    4810120

     

    4810210

     

    4810290

     

    4810310

     

    4810320

     

    4810390

     

    4810910

     

    4810999

     

    4811100

     

    4811210

     

    4811290

     

    4811319

     

    4811399

     

    4811400

     

    4811901

     

    4811909

     

    4813100

     

    4813200

     

    4813901

     

    4813909

     

    4816100

     

    4816200

     

    4816300

     

    4816900

     

    4823300

     

    4823400

     

    4823701

     

    4823902

     

    4907003

     

    4907004

     

    4908100

     

    4908900

     

    4910001

     

    4911101

     

    4911991

     

    4911992

     

    5004009

     

    5005000

     

    5006001

     

    5006009

     

    5105109

     

    5105210

     

    5105299

     

    5105300

     

    5105400

     

    5106100

     

    5106200

     

    5107100

     

    5107200

     

    5108100

     

    5108200

     

    5110009

     

    5113001

     

    5204110

     

    5204190

     

    5204200

     

    5205110

     

    5205120

     

    5205130

     

    5205140

     

    5205150

     

    5205210

     

    5205220

     

    5205230

     

    5205240

     

    5205250

     

    5205310

     

    5205320

     

    5205330

     

    5205340

     

    5205350

     

    5205410

     

    5205420

     

    5205430

     

    5205440

     

    5205450

     

    5206110

     

    5206120

     

    5206130

     

    5206150

     

    5206210

     

    5206220

     

    5206230

     

    5206240

     

    5206250

     

    5206310

     

    5206320

     

    5206330

     

    5206340

     

    5206350

     

    5206410

     

    5206420

     

    5206430

     

    5206440

     

    5206450

     

    5207100

     

    5207900

     

    5305990

     

    5306100

     

    5306209

     

    5307100

     

    5307200

     

    5308100

     

    5308200

     

    5308300

     

    5308901

     

    5308909

     

    5309101

     

    5310901

     

    5311009

     

    5401109

     

    5401209

     

    5402100

     

    5402200

     

    5402310

     

    5402320

     

    5402330

     

    5402390

     

    5402411

     

    5402412

     

    5402420

     

    5402430

     

    5402491

     

    5402492

     

    5402510

     

    5402520

     

    5402590

     

    5402610

     

    5402620

     

    5402690

     

    5403100

     

    5403200

     

    5403311

     

    5403312

     

    5403320

     

    5403331

     

    5403332

     

    5403391

     

    5403392

     

    5403410

     

    5403420

     

    5403490

     

    5404101

     

    5404109

     

    5404900

     

    5405001

     

    5405009

     

    5407102

     

    5508109

     

    5508209

     

    5509110

     

    5509120

     

    5509210

     

    5509220

     

    5509310

     

    5509320

     

    5509410

     

    5509420

     

    5509510

     

    5509520

     

    5509530

     

    5509590

     

    5509610

     

    5509620

     

    5509690

     

    5509910

     

    5509920

     

    5509990

     

    5510110

     

    5510120

     

    5510200

     

    5510300

     

    5510900

     

    5601100

     

    5601210

     

    5601220

     

    5601290

     

    5601300

     

    5602109

     

    5603000

     

    5604100

     

    5604200

     

    5604900

     

    5605000

     

    5806101

     

    5806103

     

    5806401

     

    5806403

     

    5807100

     

    5807200

     

    5807900

     

    5901901

     

    5903101

     

    5903201

     

    5903901

     

    5907001

     

    5910000

     

    5911100

     

    5911200

     

    5911310

     

    5911320

     

    5911400

     

    5911900

     

    6115911

     

    6115921

     

    6115931

     

    6115991

     

    6307200

     

    6307901

     

    6307902

     

    6310101

     

    6310109

     

    6310900

     

    6310909

     

    6406101

     

    6801000

     

    6802101

     

    6802102

     

    6803000

     

    6804100

     

    6804211

     

    6804219

     

    6804221

     

    6804229

     

    6804231

     

    6804239

     

    6804300

     

    6805300

     

    6806100

     

    6806200

     

    6806900

     

    6807100

     

    6807900

     

    6808000

     

    6809901

     

    6811100

     

    6811200

     

    6812100

     

    6812300

     

    6812500

     

    6812600

     

    6812909

     

    6814100

     

    6814900

     

    6815100

     

    6815209

     

    6815910

     

    6815990

     

    6901000

     

    6902100

     

    6902200

     

    6902901

     

    6902902

     

    6902909

     

    6903100

     

    6903200

     

    6903900

     

    6909110

     

    6909190

     

    6909191

     

    6909900

     

    7002200

     

    7002319

     

    7002399

     

    7003191

     

    7003192

     

    7003200

     

    7004901

     

    7004902

     

    7005101

     

    7005102

     

    7005291

     

    7005292

     

    7005300

     

    7006001

     

    7010100

     

    7010902

     

    7010903

     

    7010904

     

    7012000

     

    7014001

     

    7015100

     

    7015901

     

    7015909

     

    7016909

     

    7019100

     

    7019200

     

    7019310

     

    7019320

     

    7019399

     

    7019900

     

    7020001

     

    7020009

     

    7101100

     

    7101210

     

    7102200

     

    7102390

     

    7103100

     

    7103910

     

    7103990

     

    7104100

     

    7104900

     

    7106100

     

    7106922

     

    7106929

     

    7107001

     

    7107009

     

    7107220

     

    7108110

     

    7108132

     

    7108139

     

    7109001

     

    7109009

     

    7109240

     

    7110112

     

    7110192

     

    7110199

     

    7110212

     

    7110292

     

    7110299

     

    7110312

     

    7110392

     

    7110399

     

    7110492

     

    7110499

     

    7111001

     

    7111002

     

    7111100

     

    7115100

     

    7115901

     

    7116101

     

    7116201

     

    7202110

     

    7202190

     

    7202210

     

    7202290

     

    7202300

     

    7206909

     

    7208110

     

    7209140

     

    7209210

     

    7209340

     

    7209440

     

    7210119

     

    7210129

     

    7210902

     

    7212109

     

    7304100

     

    7304200

     

    7304319

     

    7304399

     

    7304419

     

    7304499

     

    7304519

     

    7304599

     

    7304909

     

    7307210

     

    7307220

     

    7307230

     

    7307290

     

    7307910

     

    7307920

     

    7307930

     

    7307990

     

    7310292

     

    7316000

     

    7407109

     

    7407219

     

    7407229

     

    7407299

     

    7408110

     

    7408190

     

    7408210

     

    7408220

     

    7408290

     

    7409110

     

    7409190

     

    7409210

     

    7409290

     

    7409310

     

    7409390

     

    7409400

     

    7409900

     

    7410110

     

    7410120

     

    7410219

     

    7410229

     

    7411100

     

    7411210

     

    7411220

     

    7411290

     

    7412100

     

    7412200

     

    7413000

     

    7414100

     

    7414900

     

    7415100

     

    7415210

     

    7415290

     

    7415310

     

    7415320

     

    7415390

     

    7416000

     

    7419992

     

    7504000

     

    7505110

     

    7505120

     

    7505210

     

    7505220

     

    7506100

     

    7506200

     

    7507110

     

    7507120

     

    7507200

     

    7601100

     

    7601200

     

    7602000

     

    7603100

     

    7603200

     

    7604109

     

    7604290

     

    7605110

     

    7605190

     

    7605210

     

    7605290

     

    7606119

     

    7606129

     

    7606919

     

    7606929

     

    7607119

     

    7607199

     

    7607209

     

    7612909

     

    7616902

     

    7803000

     

    7804110

     

    7804190

     

    7804200

     

    7805000

     

    7806000

     

    7903100

     

    7903900

     

    7904000

     

    7905000

     

    7906000

     

    7907100

     

    7907900

     

    8003000

     

    8004000

     

    8005100

     

    8005200

     

    8006000

     

    8205100

     

    8205200

     

    8205300

     

    8205400

     

    8205510

     

    8205590

     

    8205700

     

    8205800

     

    8205900

     

    8211940

     

    8212101

     

    8212109

     

    8212201

     

    8212202

     

    8212203

     

    8212900

     

    8213000

     

    8214100

     

    8214901

     

    8214902

     

    8214903

     

    8214909

     

    8301100

     

    8301200

     

    8301300

     

    8301409

     

    8301500

     

    8301600

     

    8301700

     

    8302100

     

    8302200

     

    8302300

     

    8302410

     

    8302420

     

    8302490

     

    8302500

     

    8302600

     

    8305100

     

    8305200

     

    8305900

     

    8306100

     

    8307100

     

    8307900

     

    8308100

     

    8308200

     

    8308909

     

    8309901

     

    8311109

     

    8311209

     

    8311309

     

    8311909

     

    8407339

     

    8407349

     

    8407900

     

    8408102

     

    8408103

     

    8408202

     

    8408203

     

    8408902

     

    8408903

     

    8409919

     

    8409999

     

    8413110

     

    8413190

     

    8413300

     

    8413830

     

    8413911

     

    8413913

     

    8414301

     

    8415901

     

    8418502

     

    8418619

     

    8418691

     

    8418699

     

    8418991

     

    8418999

     

    8421211

     

    8421230

     

    8421310

     

    8421910

     

    8421990

     

    8423109

     

    8423200

     

    8423300

     

    8423810

     

    8423820

     

    8423899

     

    8423901

     

    8423902

     

    8424100

     

    8428101

     

    8431201

     

    8431312

     

    8448310

     

    8448410

     

    8451300

     

    8452100

     

    8452901

     

    8469100

     

    8469210

     

    8469290

     

    8469310

     

    8469390

     

    8470100

     

    8470210

     

    8470290

     

    8470300

     

    8470400

     

    8470500

     

    8470900

     

    8472100

     

    8472200

     

    8472300

     

    8472900

     

    8473100

     

    8473210

     

    8473290

     

    8473400

     

    8474801

     

    8479301

     

    8481802

     

    8483100

     

    8483400

     

    8483500

     

    8483600

     

    8483900

     

    8484100

     

    8484900

     

    8485100

     

    8485900

     

    8501401

     

    8501511

     

    8501521

     

    8503002

     

    8504109

     

    8506119

     

    8506121

     

    8506129

     

    8506139

     

    8506199

     

    8506200

     

    8506909

     

    8507101

     

    8507201

     

    8507300

     

    8507801

     

    8507901

     

    8507909

     

    8510901

     

    8510902

     

    8511100

     

    8511200

     

    8511300

     

    8511400

     

    8511500

     

    8511800

     

    8511900

     

    8511909

     

    8512100

     

    8512200

     

    8512300

     

    8512400

     

    8512900

     

    8513109

     

    8513909

     

    8516291

     

    8516400

     

    8516901

     

    8516902

     

    8524211

     

    8524221

     

    8524231

     

    8524901

     

    8529101

     

    8531101

     

    8531801

     

    8531901

     

    8534000

     

    8535101

     

    8535211

     

    8535301

     

    8535900

     

    8536101

     

    8536209

     

    8536410

     

    8536490

     

    8536509

     

    8536619

     

    8536900

     

    8537101

     

    8537109

     

    8537209

     

    8539100

     

    8539210

     

    8539229

     

    8539299

     

    8539312

     

    8539319

     

    8539390

     

    8539400

     

    8539901

     

    8539909

     

    8544110

     

    8544190

     

    8544300

     

    8544419

     

    8544499

     

    8544519

     

    8544599

     

    8544609

     

    8546102

     

    8546209

     

    8546900

     

    8547109

     

    8547200

     

    8547900

     

    8548000

     

    8605000

     

    8606100

     

    8606200

     

    8606300

     

    8606910

     

    8606920

     

    8606990

     

    8609000

     

    8703101

     

    8705100

     

    8705200

     

    8705300

     

    8705400

     

    8705900

     

    8708100

     

    8708210

     

    8708299

     

    8708310

     

    8708390

     

    8708409

     

    8708509

     

    8708609

     

    8708709

     

    8708809

     

    8708919

     

    8708929

     

    8708939

     

    8708949

     

    8708999

     

    8711109

     

    8711209

     

    8711309

     

    8711409

     

    8711509

     

    8711909

     

    8712009

     

    8714110

     

    8714190

     

    8714910

     

    8714920

     

    8714930

     

    8714940

     

    8714950

     

    8714960

     

    8714999

     

    8715000

     

    8716900

     

    8901104

     

    8901109

     

    8901209

     

    8901309

     

    8901903

     

    8901909

     

    8902002

     

    8902009

     

    8903102

     

    8903912

     

    8903922

     

    8903992

     

    8906009

     

    9001200

     

    9001300

     

    9001401

     

    9001409

     

    9001501

     

    9001509

     

    9001900

     

    9002110

     

    9002190

     

    9002200

     

    9002909

     

    9006200

     

    9006309

     

    9006409

     

    9006519

     

    9006529

     

    9006539

     

    9006599

     

    9006610

     

    9006620

     

    9006690

     

    9006910

     

    9006990

     

    9007110

     

    9007210

     

    9007299

     

    9007911

     

    9007929

     

    9008100

     

    9008200

     

    9008300

     

    9008400

     

    9008900

     

    9009110

     

    9009120

     

    9009210

     

    9009220

     

    9009300

     

    9009900

     

    9028201

     

    9028209

     

    9028301

     

    9101119

     

    9101129

     

    9101199

     

    9101219

     

    9101299

     

    9101999

     

    9102110

     

    9102120

     

    9102190

     

    9102210

     

    9102290

     

    9102910

     

    9102990

     

    9103100

     

    9103900

     

    9104000

     

    9105110

     

    9105190

     

    9105210

     

    9105290

     

    9105910

     

    9105990

     

    9109110

     

    9109190

     

    9109900

     

    9111109

     

    9111200

     

    9111800

     

    9111909

     

    9112100

     

    9112800

     

    9112900

     

    9201100

     

    9201200

     

    9201900

     

    9202100

     

    9202900

     

    9203000

     

    9204100

     

    9204200

     

    9205100

     

    9205900

     

    9206000

     

    9207100

     

    9207900

     

    9209100

     

    9209200

     

    9209300

     

    9209910

     

    9209920

     

    9209930

     

    9209940

     

    9209990

     

    9302000

     

    9303100

     

    9303200

     

    9303300

     

    9303900

     

    9304000

     

    9305100

     

    9305210

     

    9305290

     

    9305901

     

    9305909

     

    9307000

     

    9401901

     

    9402100

     

    9402900

     

    9405102

     

    9504200

     

    9504909

     

    9506400

     

    9603210

     

    9603291

     

    9603301

     

    9603400

     

    9603902

     

    9604000

     

    9606100

     

    9608109

     

    9608200

     

    9608310

     

    9608399

     

    9608409

     

    9608609

     

    9608919

     

    9608999

     

    9609109

     

    9609200

     

    9609900

     

    9610000

     

    9611000

     

    9613801

     

    9613901

     

    9617000

     

    9706000

    ANNEX IV

    Lists of industrial products originating in the Community to which are applicable, on importation into Egypt, the schedules for tariff dismantling referred to in Article 9(3)

     

    2515110

     

    2515120

     

    2515200

     

    2516110

     

    2516120

     

    2516210

     

    2516220

     

    2516900

     

    2523100

     

    2523210

     

    2523292

     

    2523300

     

    2523900

     

    2704000

     

    2706000

     

    2707300

     

    2707400

     

    2801100

     

    2807000

     

    2808000

     

    2915219

     

    2939901

     

    2939902

     

    3003100

     

    3003200

     

    3003390

     

    3003400

     

    3003909

     

    3004100

     

    3004200

     

    3004320

     

    3004390

     

    3004400

     

    3004500

     

    3004909

     

    3102100

     

    3102290

     

    3102300

     

    3102400

     

    3102500

     

    3102600

     

    3102700

     

    3102800

     

    3102900

     

    3103100

     

    3103200

     

    3103900

     

    3207100

     

    3208109

     

    3208209

     

    3208909

     

    3209102

     

    3209902

     

    3210002

     

    3212909

     

    3214900

     

    3302109

     

    3302901

     

    3302909

     

    3303001

     

    3303009

     

    3304101

     

    3304109

     

    3304201

     

    3304209

     

    3304301

     

    3304309

     

    3304911

     

    3304919

     

    3304991

     

    3304999

     

    3305101

     

    3305109

     

    3305201

     

    3305209

     

    3305301

     

    3305309

     

    3305901

     

    3305909

     

    3306101

     

    3306109

     

    3306901

     

    3306909

     

    3307101

     

    3307109

     

    3307201

     

    3307209

     

    3307301

     

    3307309

     

    3307411

     

    3307419

     

    3307491

     

    3307499

     

    3307901

     

    3307909

     

    3401119

     

    3401190

     

    3401209

     

    3402200

     

    3405100

     

    3405200

     

    3405300

     

    3405400

     

    3405900

     

    3406000

     

    3604100

     

    3605000

     

    3706109

     

    3706902

     

    3912201

     

    3917109

     

    3917219

     

    3917229

     

    3917239

     

    3917299

     

    3917319

     

    3917329

     

    3917330

     

    3917399

     

    3917400

     

    3918100

     

    3918900

     

    3919100

     

    3921902

     

    3921903

     

    3922100

     

    3922200

     

    3922900

     

    3923109

     

    3923219

     

    3923290

     

    3923309

     

    3923400

     

    3923509

     

    3923900

     

    3924100

     

    3924900

     

    3925100

     

    3925200

     

    3925300

     

    3925900

     

    3926109

     

    3926209

     

    3926300

     

    3926400

     

    3926909

     

    4010911

     

    4010991

     

    4015110

     

    4015190

     

    4015901

     

    4015909

     

    4107109

     

    4107219

     

    4107299

     

    4107909

     

    4108000

     

    4109000

     

    4201000

     

    4202110

     

    4202120

     

    4202190

     

    4202210

     

    4202220

     

    4202290

     

    4202310

     

    4202320

     

    4202390

     

    4202910

     

    4202920

     

    4202991

     

    4202999

     

    4203109

     

    4203292

     

    4302110

     

    4302120

     

    4302130

     

    4302190

     

    4302200

     

    4302300

     

    4303100

     

    4303900

     

    4304001

     

    4304009

     

    4409101

     

    4409102

     

    4409201

     

    4409202

     

    4410100

     

    4410900

     

    4411190

     

    4411290

     

    4411390

     

    4411990

     

    4412110

     

    4412120

     

    4412190

     

    4412210

     

    4412290

     

    4412910

     

    4412991

     

    4412999

     

    4414000

     

    4415100

     

    4415200

     

    4416000

     

    4417009

     

    4418100

     

    4418200

     

    4418300

     

    4418400

     

    4418500

     

    4418901

     

    4418909

     

    4419000

     

    4420100

     

    4420901

     

    4420909

     

    4421100

     

    4421902

     

    4421909

     

    4601100

     

    4601200

     

    4601910

     

    4601990

     

    4602100

     

    4602900

     

    4803009

     

    4814200

     

    4814300

     

    4814901

     

    4814909

     

    4815000

     

    4817100

     

    4817200

     

    4817300

     

    4818101

     

    4818109

     

    4818200

     

    4818300

     

    4818400

     

    4818500

     

    4818900

     

    4819101

     

    4819109

     

    4819201

     

    4819209

     

    4819300

     

    4819400

     

    4819509

     

    4819600

     

    4820101

     

    4820109

     

    4820201

     

    4820209

     

    4820301

     

    4820309

     

    4820400

     

    4820501

     

    4820509

     

    4820901

     

    4820909

     

    4821100

     

    4821900

     

    4822100

     

    4822900

     

    4823110

     

    4823190

     

    4823200

     

    4823510

     

    4823590

     

    4823600

     

    4823709

     

    4823909

     

    4909000

     

    4910002

     

    4910003

     

    4910004

     

    4910009

     

    4911102

     

    4911103

     

    4911109

     

    4911910

     

    4911999

     

    5007100

     

    5007200

     

    5007900

     

    5109100

     

    5109900

     

    5110001

     

    5111110

     

    5111190

     

    5111200

     

    5111300

     

    5111900

     

    5112110

     

    5112190

     

    5112200

     

    5112300

     

    5112900

     

    5113009

     

    5208110

     

    5208120

     

    5208130

     

    5208190

     

    5208210

     

    5208220

     

    5208230

     

    5208290

     

    5208310

     

    5208320

     

    5208330

     

    5208390

     

    5208410

     

    5208420

     

    5208430

     

    5208490

     

    5208510

     

    5208520

     

    5208530

     

    5208590

     

    5209110

     

    5209120

     

    5209190

     

    5209210

     

    5209220

     

    5209290

     

    5209310

     

    5209320

     

    5209390

     

    5209410

     

    5209420

     

    5209430

     

    5209490

     

    5209510

     

    5209520

     

    5209590

     

    5210110

     

    5210120

     

    5210190

     

    5210210

     

    5210220

     

    5210290

     

    5210310

     

    5210320

     

    5210390

     

    5210410

     

    5210420

     

    5210490

     

    5210510

     

    5210520

     

    5210590

     

    5211110

     

    5211120

     

    5211190

     

    5211210

     

    5211220

     

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    7312909

     

    7313000

     

    7314110

     

    7314190

     

    7314200

     

    7314300

     

    7314410

     

    7314420

     

    7314490

     

    7314500

     

    7315110

     

    7315120

     

    7315190

     

    7315200

     

    7315810

     

    7315820

     

    7315890

     

    7315900

     

    7317001

     

    7317009

     

    7318110

     

    7318120

     

    7318130

     

    7318140

     

    7318150

     

    7318160

     

    7318190

     

    7318210

     

    7318220

     

    7318230

     

    7318240

     

    7318290

     

    7319100

     

    7319200

     

    7319300

     

    7319900

     

    7320100

     

    7320200

     

    7320900

     

    7321110

     

    7321120

     

    7321130

     

    7321810

     

    7321820

     

    7321830

     

    7321900

     

    7322110

     

    7322190

     

    7322900

     

    7323100

     

    7323910

     

    7323920

     

    7323930

     

    7323940

     

    7323990

     

    7324100

     

    7324211

     

    7324219

     

    7324290

     

    7324900

     

    7325100

     

    7325910

     

    7325990

     

    7326110

     

    7326190

     

    7326200

     

    7326901

     

    7326902

     

    7326903

     

    7326909

     

    7407211

     

    7407219

     

    7417000

     

    7418100

     

    7418200

     

    7419100

     

    7419910

     

    7419920

     

    7419991

     

    7419999

     

    7508002

     

    7508003

     

    7508009

     

    7604101

     

    7604210

     

    7608100

     

    7608200

     

    7609000

     

    7610100

     

    7610900

     

    7611000

     

    7612100

     

    7612901

     

    7613000

     

    7614100

     

    7614900

     

    7615100

     

    7615200

     

    7616100

     

    7616901

     

    7616909

     

    8007000

     

    8210000

     

    8211100

     

    8211910

     

    8211920

     

    8211930

     

    8214200

     

    8214909

     

    8215100

     

    8215200

     

    8215910

     

    8215990

     

    8301401

     

    8304000

     

    8306210

     

    8306290

     

    8306300

     

    8308901

     

    8309100

     

    8309909

     

    8310000

     

    8311101

     

    8311201

     

    8311301

     

    8311901

     

    8402121

     

    8402191

     

    8402201

     

    8402901

     

    8404109

     

    8404201

     

    8404909

     

    8407210

     

    8408101

     

    8408201

     

    8408901

     

    8409911

     

    8409991

     

    8413701

     

    8413811

     

    8413813

     

    8413912

     

    8414510

     

    8414591

     

    8414592

     

    8414600

     

    8414801

     

    8414900

     

    8415100

     

    8415810

     

    8415820

     

    8415830

     

    8415909

     

    8418101

     

    8418109

     

    8418211

     

    8418219

     

    8418221

     

    8418229

     

    8418291

     

    8418299

     

    8418300

     

    8418400

     

    8418509

     

    8418691

     

    8418910

     

    8418991

     

    8418991

     

    8419110

     

    8419191

     

    8419199

     

    8419900

     

    8421121

     

    8422110

     

    8422901

     

    8424811

     

    8424891

     

    8424901

     

    8424909

     

    8427900

     

    8431311

     

    8450110

     

    8450120

     

    8450190

     

    8450200

     

    8450900

     

    8451210

     

    8451902

     

    8452400

     

    8479891

     

    8479891

     

    8480301

     

    8480302

     

    8480309

     

    8481801

     

    8483200

     

    8483300

     

    8502110

     

    8502120

     

    8502131

     

    8504101

     

    8504211

     

    8504221

     

    8504222

     

    8504223

     

    8504231

     

    8504232

     

    8504233

     

    8504310

     

    8504321

     

    8504322

     

    8504323

     

    8504331

     

    8504332

     

    8504333

     

    8504341

     

    8504342

     

    8504343

     

    8504401

     

    8506111

     

    8506130

     

    8506131

     

    8506191

     

    8506901

     

    8507109

     

    8507209

     

    8507400

     

    8507809

     

    8509100

     

    8509200

     

    8509300

     

    8509400

     

    8509800

     

    8509900

     

    8510100

     

    8510200

     

    8510909

     

    8516100

     

    8516210

     

    8516299

     

    8516310

     

    8516320

     

    8516330

     

    8516500

     

    8516600

     

    8516710

     

    8516720

     

    8516790

     

    8516800

     

    8516903

     

    8516909

     

    8518100

     

    8518210

     

    8518220

     

    8518290

     

    8518300

     

    8518400

     

    8518500

     

    8518900

     

    8519100

     

    8519210

     

    8519290

     

    8519310

     

    8519390

     

    8519400

     

    8519910

     

    8519999

     

    8520100

     

    8520200

     

    8520310

     

    8520390

     

    8520909

     

    8521100

     

    8521900

     

    8522100

     

    8522902

     

    8522909

     

    8523119

     

    8523129

     

    8523139

     

    8523209

     

    8523900

     

    8524100

     

    8524219

     

    8524229

     

    8524239

     

    8524909

     

    8525109

     

    8525300

     

    8526929

     

    8527110

     

    8527190

     

    8527210

     

    8527290

     

    8527310

     

    8527320

     

    8527390

     

    8527900

     

    8528101

     

    8528109

     

    8528201

     

    8528209

     

    8529108

     

    8529109

     

    8529909

     

    8536202

     

    8536503

     

    8536611

     

    8536690

     

    8537201

     

    8537202

     

    8538100

     

    8538900

     

    8539221

     

    8539311

     

    8544209

     

    8544411

     

    8544412

     

    8544491

     

    8544492

     

    8544511

     

    8544512

     

    8544591

     

    8544592

     

    8544601

     

    8544602

     

    8701200

     

    8701901

     

    8702100

     

    8702900

     

    8703102

     

    8703210

     

    8703221

     

    8703311

     

    8703312

     

    8704109

     

    8704211

     

    8704219

     

    8704229

     

    8704239

     

    8704311

     

    8704319

     

    8704901

     

    8704909

     

    8706000

     

    8707100

     

    8707900

     

    8711101

     

    8711201

     

    8711301

     

    8711401

     

    8711501

     

    8711901

     

    8712001

     

    8714991

     

    8716200

     

    8716310

     

    8716390

     

    8716400

     

    8716800

     

    8903101

     

    8903911

     

    8903921

     

    8903991

     

    9002901

     

    9003110

     

    9003190

     

    9003900

     

    9004100

     

    9004900

     

    9005100

     

    9005809

     

    9005909

     

    9006301

     

    9006401

     

    9006511

     

    9006521

     

    9006531

     

    9006591

     

    9018311

     

    9101111

     

    9101121

     

    9101191

     

    9101211

     

    9101291

     

    9101911

     

    9101991

     

    9111100

     

    9111101

     

    9111901

     

    9113100

     

    9113200

     

    9113901

     

    9113902

     

    9113909

     

    9208100

     

    9208901

     

    9305902

     

    9305903

     

    9306100

     

    9306219

     

    9306299

     

    9306309

     

    9306909

     

    9401100

     

    9401200

     

    9401300

     

    9401400

     

    9401500

     

    9401610

     

    9401690

     

    9401710

     

    9401790

     

    9401800

     

    9401909

     

    9403100

     

    9403200

     

    9403300

     

    9403400

     

    9403500

     

    9403600

     

    9403700

     

    9403800

     

    9403900

     

    9404100

     

    9404210

     

    9404290

     

    9404900

     

    9405109

     

    9405200

     

    9405300

     

    9405400

     

    9405509

     

    9405600

     

    9405910

     

    9405920

     

    9405990

     

    9406001

     

    9406002

     

    9406009

     

    9502101

     

    9504300

     

    9504400

     

    9504901

     

    9505100

     

    9505900

     

    9601100

     

    9601900

     

    9602001

     

    9602009

     

    9603101

     

    9603102

     

    9603299

     

    9603309

     

    9603901

     

    9603903

     

    9603909

     

    9605000

     

    9606210

     

    9606220

     

    9606290

     

    9606300

     

    9607110

     

    9607190

     

    9608101

     

    9608102

     

    9608391

     

    9608401

     

    9608501

     

    9608509

     

    9608911

     

    9608991

     

    9609101

     

    9612100

     

    9612200

     

    9613100

     

    9613200

     

    9613300

     

    9613809

     

    9613909

     

    9614100

     

    9614200

     

    9614900

     

    9615110

     

    9615190

     

    9615900

     

    9616100

     

    9616200

     

    9701100

     

    9701900

     

    9702000

     

    9703000

     

    9704000

    ANNEX V

    List of industrial products originating in the Community referred to in Article 9(4)

     

    8703 10 30

     

    8703 10 90

     

    8703 22 90

     

    8703 23 10

     

    8703 23 20

     

    8703 23 90

     

    8703 24 00

     

    8703 31 90

     

    8703 32 20

     

    8703 32 90

     

    8703 33 00

     

    8703 90 00

     

    8716 10 00

    ANNEX VI

    Intellectual property rights referred to in Article 37

    1.

    		 By the end of the fourth year after the entry into force of the Agreement, Egypt shall accede to the following multilateral conventions on intellectual property rights:

    —

    the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome, 1961),

    —

    Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (1977, amended 1980),

    —

    the Patent Cooperation Treaty (Washington 1970, amended in 1979 and modified in 1984),

    —

    the International Convention for Protection of New Varieties of Plants (UPOV) (Geneva Act 1991),

    —

    Nice Agreement concerning the international Classification of Goods and Services for the Purpose of the Registration of Marks (Geneva Act 1977and amended in 1979),

    —

    Protocol relating to the Madrid Agreement concerning the international registration of Marks (Madrid 1989).

    2.

    		 The Parties confirm the importance they attach to the obligations arising from the following multilateral conventions:

    —

    the World Trade Organisation Agreement on Trade Related Aspects of Intellectual Property Rights (Marrakech, April 15, 1994), taking into consideration the transitional period provided for developing countries in Article 65 of that Agreement,

    —

    the Paris Convention for the protection of industrial property (Stockholm Act 1967 amended in 1979),

    —

    Berne Convention for the protection of literary and artistic works (Paris Act 1971),

    —

    Madrid Agreement concerning the International Registration of Marks (Stockholm Act 1967 amended in 1979).

    3.

    		 The Association Council may decide that paragraph 1 shall apply to other multilateral conventions in this field.

    PROTOCOL 1

    concerning the arrangements applicable to imports into the Community of agricultural products originating in Egypt

    1.

    		 The products listed in the Annex, originating in Egypt, shall be admitted for importation into the Community, according to the conditions contained hereafter and in the Annex.

    2.

    (a)

    Customs duties shall be either eliminated or reduced as indicated in column ‘A’;

    (b)

    for certain products, for which the Common Customs Tariff provides for the application of an ad valorem duty and a specific duty, the rates of reduction, indicated in columns ‘A’ and ‘C’, shall apply only to the ad valorem duty.

    3.

    		 For certain products, customs duties shall be eliminated within the limit of the tariff quotas listed in column ‘B’.

    For the quantities imported in excess of the quotas, the common customs duties shall, according to the product concerned, be applied in full or reduced, as indicated in column ‘C’.

    For the first year of application, the volumes of tariff quotas shall be calculated as a pro rata of the basic volumes, taking into account the part of the period elapsed before the date of entry into force of this Agreement.

    4.

    		 For the products for which the specific provisions in column ‘D’ refer to this paragraph, the tariff quota volumes listed in column ‘B’ shall be increased annually by 3 % of the volume of the previous year; the first increase taking place one year after the entry into force of this Agreement.

    5.

    		 From 1 December to 31 May, for sweet oranges, fresh, falling within CN codes ex 0805 10 10, ex 0805 10 30 and ex 0805 10 50, within the limit of the tariff quota of 34 000 tonnes applicable for the concession on the ad valorem customs duties, the agreed entry price between the European Community and Egypt, from which the specific duty provided in the Community's list of concessions to the WTO is reduced to zero, is:

    —

    EUR 266/tonne, from 1 December 1999 to 31 May 2000,

    —

    EUR 264/tonne, for every period thereafter, from 1 December to 31 May.

    If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry price, the specific customs duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of the agreed entry price, the specific customs duty bound within the WTO shall apply.

    ANNEX TO PROTOCOL 1

     

     

    A

    B

    C

    D

    CN code

    Description

    Reduction of the MFN customs duty (1)

    Tariff quota

    Reduction of the customs duty beyond the tariff quota (1)

    Specific provisions

     

     

    (%)

    (tons)

    (%)

     

    0601

    Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower; chicory plants and roots other than roots of heading 1212

    100

    500

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    0602

    Other live plants (including their roots), cuttings and slips; mushroom spawn

    100

    2 000

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    ex 0603 10

    Fresh cut flowers and flower buds, of a kind suitable for bouquets or for ornamental purposes, from 1 October to 15 April

    100

    3 000 of which 1 000 of flowers falling within CN codes 0603 10 29 and 0603 10 69

    -

    Subject to compliance with the conditions agreed upon by exchange of letters

    0604 99

    Foliage, branches and other parts of plants, without flowers or flower buds, and grasses, dried, dyed, bleached, impregnated or otherwise prepared

    100

    500

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    ex 0701 90 51

    New potatoes, fresh or chilled, from 1 January to 31 March

    100

    year 1: 130 000

    year 2: 190 000 year 3 and following

    years: 250 000

    60

     

    ex 0702 00

    Tomatoes, fresh or chilled, from 1 November to 31 March

    100

    -

    -

     

    ex 0703 10

    Onions and shallots, fresh or chilled, from 1 February to 15 June

    100

    15 000

    60

    Subject to specific provisions in Protocol 1 paragraph 4

    ex 0703 20 00

    Garlic, fresh or chilled, from 1 February to 15 June

    100

    3 000

    50

    Subject to specific provisions in Protocol 1 paragraph 4

    ex 0704

    Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled, from 1 November to 15 April

    100

    1 500

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    ex 0705 11

    Cabbage lettuce (head lettuce), from 1 November to 31 March

    100

    500

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    ex 0706 10 00

    Carrots and turnips, fresh or chilled, from 1 January to 30 April

    100

    500

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    ex 0707 00

    Cucumbers and gherkins, fresh or chilled, from 1 January to end February

    100

    500

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    ex 0708

    Leguminous vegetables, shelled or unshelled, fresh or chilled, from 1 November to 30 April

    100

    year 1: 15 000

    year 2: 17 500

    year 3 and following years: 20 000

    -

     

    ex 0709

    Other vegetables, fresh or chilled:

    —

    asparagus from 1 October to end February

    —

    sweet peppers from 1 November to 30 April

    —

    other vegetables from 1 November to end February

    100

    -

    -

     

    ex 0710

    ex 0711

    Frozen and provisionally preserved vegetables, excluding sweet corn of subheadings 0710 40 00 and 0711 90 30 and excluding mushrooms of the type Agaricus of subheadings 0710 80 61 and 0711 90 40

    100

    year 1: 1 000

    year 2: 2 000

    year 3 and following years: 3 000

    -

     

    0712

    Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared

    100

    16 000

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    ex 0713

    Dried leguminous vegetables, shelled, whether or not skinned or split, excluding products for sowing of subheadings 0713 10 10 , 0713 33 10 and 0713 90 10

    100

    -

    -

     

    0714 20

    Sweet potatoes, fresh, chilled, frozen or dried

    100

    3 000

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    0804 10 00

    Dates, fresh or dried

    100

    -

    -

     

    0804 50 00

    Guavas, mangoes and mangosteens, fresh or dried

    100

    -

    -

     

    0805 10

    Oranges, fresh or dried

    100

    year 1: 50 000  (2)

    year 2: 55 000  (2)

    year 3 and following years: 60 000  (2)

    60

    Subject to specific provisions in Protocol 1 paragraph 5

    0805 20

    Mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids, fresh or dried

    100

    -

     

     

    0805 30

    Lemons and limes, fresh or dried

    100

    -

    -

     

    0805 40

    Grapefruit, fresh or dried

    100

    -

    -

     

    exex 0806 10

    Grapes, fresh, from 1 February to 14 July

    100

    -

    -

     

    ex ex 0807 11 00

    Watermelons, fresh, from 1 February to 15 June

    100

    -

    -

     

    0807 19 00

    Other melons, fresh, from 15 October to 31 May

    100

    1 000

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    0808 20

    Pears and quinces, fresh

    100

    500

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    ex 0809 30

    Peaches, including nectarines, fresh, from 15 March to 31 May

    100

    500

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    ex 0809 40

    Plums and sloes, fresh, from 15 April to 31 May

    100

    500

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    ex 0810 10

    Strawberries, fresh, from 1 October to 31 March

    100

    year 1: 500

    year 2: 1 000

    year 3 and following years: 1 500

    -

     

    0810 90 85

    Other fruit, fresh

    100

    -

    -

     

    0811

    0812

    Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter, or provisionally preserved, but unsuitable in that state for immediate consumption

    100

    year 1: 1 000

    year 2: 2 000

    year 3 and following years: 3 000

    -

     

    0904

    Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta

    100

    -

    -

     

    0909

    Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries

    100

    -

    -

     

    0910

    Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices

    100

    -

    -

     

    1006

    Rice

    25

    32 000

    -

     

    1202

    Ground nuts

    100

    -

    -

     

    ex 1209

    Seeds, fruit and spores, of a kind used for sowing, excluding beet seeds of subheadings 1209 11 00 and 1209 19 00

    100

    -

    -

     

    1211

    Plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes

    100

    -

    -

     

    1212

    Locust beans, seaweeds and other algae, sugar beet and sugar cane; fruit stones and kernels and other vegetable products of a kind used primarily for human consumption, not elsewhere specified or included

    100

    -

    -

     

    1515 50 11

    Sesame oil, crude, for technical or industrial uses other than the manufacture of foodstuffs for human consumption (3)

    100

    1 000

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    1515 90

    Other fixed vegetable fats and oils and their fractions, whether or not refined, but not chemically modified

    100

    500

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    1703

    Molasses resulting from the extraction or refining of sugar

    100

    350 000

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    2001 90 10

    Mango chutney

    100

    -

    -

     

    2007

    Jams, fruit jellies, marmalades, fruit or nut purée and pastes, being cooked preparations, whether or not containing added sugar or other sweetening matter

    100

    1 000

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    2008 11

    Ground-nuts

    100

    3 000

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    2009

    Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter

    100

    1 000

    -

    Subject to specific provisions in Protocol 1 paragraph 4

    2302

    Bran, sharps and other residues derived from the sifting, milling or other working of cereals or of leguminous plants

    60

    -

    -

     

    5301

    Flax

    100

    -

    -

     

    (1)  Duty reduction only applies to ad valorem customs duties.

    (2)  Tariff quota applicable from 1 July to 30 June. Of this volume 34 000 tons for sweet oranges, fresh, falling within CN codes ex 0805 10 10, ex 0805 10 30 and ex 0805 10 50, during the period from 1 December to 31 May.

    (3)  Entry under this subheading is subject to conditions laid down in the relevant Community provisions.

    PROTOCOL 2

    Concerning the arrangements applicable to imports into Egypt of agricultural products originating in the Community

    1.

    		 The products listed in the Annex originating in the Community shall be admitted for importation into Egypt according to the conditions contained hereafter and in the Annex.

    2.

    		 Import duties on imports shall be either eliminated or reduced to the level indicated in column ‘A’.

    3.

    		 For certain products, the duties shall be eliminated or reduced within the limit of a tariff quota listed in column ‘B’.

    ANNEX TO PROTOCOL 2

     

     

    A

    B

    Egyptian code

    Description

    Duty reduction (%)

    Tariff quota (in tons)
     

    Live bovine animal

    0102 10

    –

    pure-bred breeding animals

    100

    Unlimited

    0102 90

    –

    other

    50

    10 000

    0202 30

    Meat of bovine animals, frozen, boneless

    50

    25 000

     

    Milk

     

    –

    in powder, granules or other solid forms, of a fat content by weight not exceeding 1,5 %

     

     

    0402 10 10

    – –

    for infants

     

     

    0402 10 91

    – –

    other than for infants, in packages of a weight not less than 20 kg

     

     

     

    –

    in powder, granules or other solid forms, of a fat content by weight exceeding 1,5 %

     

     

     

    – –

    not containing added sugar or other sweetening matter

    100

    Unlimited

    0402 21 10

    – – –

    for infants, ‘half fat’

     

     

    0402 21 91

    – – –

    other, in packages of a weight not less than 20 kg

     

     

     

    – –

    containing added sugar or other sweetening matter

     

     

    0402 29 10

    – – –

    for infants, ‘half fat’

     

     

    0402 29 91

    – – –

    other, in packages of a weight not less than 20 kg

     

     
     

    Cream

    0402 21 20

    –

    not containing added sugar or other sweetening matter

    25

    500

    0402 29 20

    –

    containing added sugar or other sweetening matter

     

     

    0405 00 90

    Butter and other fats and oils derived from milk, in packages of a weight not less than 20 kg

    25

    5 000

     

    Cheese and curd

    0406 10 90

    –

    fresh (unripened or uncured) cheese, including whey cheese, and curd, in packages of a weight over 20 kg

     

     

    0406 20 90

    –

    grated or powdered cheese of all kinds, in packages of a weight over 20 kg

     

     

    0406 30 90

    –

    processed cheese not grated or powdered, in packages of a weight over 20 kg

    50

    2 000

    0406 40 90

    –

    blue veined cheese, in packages of a weight over 20 kg

     

     

    0406 90 90

    –

    other cheese, in packages of a weight over 20 kg, excluding white cheese of cow's milk in brine

     

     

    0601

    Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower; chicory plants and roots other than roots of heading 1212

    100

    Unlimited

    0602

    Live plants (including their roots), cuttings and slips; mushroom spawn

    100

    Unlimited

    0701 10 00

    Seed potatoes

    100

    Unlimited

    ex 0713

    Dried leguminous vegetables, shelled, whether or not skinned or split, excluding leguminous vegetables of headings 0713 20 00 (chickpeas) and 0713 90 00 (other)

    100

    3 000

    0802

    Other nuts, fresh or dried, whether or not shelled or peeled

    50

    300

    0808 10 00

    Apples, fresh, from 1 January to 29 February

    25

    500

    0809 20 00

    Cherries, fresh

    25

    500

    0812 10 00

    Cherries, provisionally preserved but unsuitable in that state for immediate consumption

    30

    500

    1201

    Soya beans, whether or not broken

    100

    Unlimited

    1204

    Linseed, whether or not broken

    100

    Unlimited

    1206

    Sunflower seeds, whether or not broken

    100

    Unlimited

    1207 10

    Palm nuts and kernels, whether or not broken

    100

    Unlimited

    1207 30

    Castor oil seeds, whether or not broken

    50

    Unlimited

    1207 40

    Sesamum seeds, whether or not broken

    100

    Unlimited

    1207 50

    Mustard seeds, whether or not broken

    50

    Unlimited

    1207 92

    Shea nuts (karite nuts), whether or not broken

    50

    Unlimited

    1207 99

    Other oil seeds and oleaginous fruits, whether or not broken

    50

    Unlimited

    1209

    Seeds, fruits and spores of a kind used for sowing

    100

    Unlimited
     

    Soya-bean oil and its fractions

    1507 10 90

    –

    crude oil, other than put up for retail sale

    100

    15 000

    1507 90 91

    –

    purified (semi-refined), other than put up for retail sale

     

     
     

    Sunflower-seed oil

    1512 11 91

    –

    crude oil, other than put up for retail sale

    100

    15 000

    1512 19 91

    –

    purified (semi-refined), other than put up for retail sale

     

     

    2002 90 90

    Tomatoes prepared or preserved otherwise than by vinegar or acetic acid, other than tomatoes whole or in pieces, of a weight over 5 kg net

    50

    500

    2003

    Mushrooms and truffles prepared or preserved otherwise than by vinegar or acetic acid

    50

    100

    2301 20 00

    Flours, meals and pellets, of fish or of crustaceans, molluscs or other aquatic invertebrates

    100

    10 000

    2309

    Preparations of a kind used for animal feeding

    30

    20 000

    PROTOCOL 3

    Concerning the arrangements applicable to processed agricultural products

    Article 1

    1.   Customs duties and charges having equivalent effect applicable on import into Egypt of processed agricultural products originating in the Community, listed in Annex I to this Protocol, shall be gradually reduced in accordance with the following schedule:

    —

    as regards the products listed in Table 1, duties shall be abolished two years after the entry into force of the Agreement,

    —

    as regards the products listed in Table 2, duties shall be subject to the following reductions:

    —

    two years after entry into force of the Agreement: -5 % of the basic duties,

    —

    three years after the entry into force of the Agreement: -10 % of the basic duties,

    —

    four years after the entry into force of the Agreement: -15 % of the basic duties,

    —

    as regards the products listed in Table 3, duties shall be reduced as be subject to the following reductions:

    —

    two years after entry into force of the Agreement: -5 % of the basic duties,

    —

    three years after the entry into force of the Agreement: -15 % of the basic duties,

    —

    four years after the entry into force of the Agreement: -25 % of the basic duties.

    2.   Imports into the Community of processed agricultural products originating in Egypt, listed in Annex II to this Protocol, shall be subject to the duties mentioned therein, whether limited by quota or not.

    3.   The reductions of customs duties mentioned in Annexes I and II to this Protocol shall apply to the basic duties referred to in Article 18.

    4.   The Association Council may decide on:

    —

    extensions of the list of processed agricultural products under this Protocol,

    —

    amendments of the duties mentioned in Annexes I and II to this Protocol,

    —

    increases or abolition of tariff quotas.

    Article 2

    1.   Customs duties applied pursuant to Article 1 may be reduced by decision of the Association Committee:

    —

    when in trade between the Community and Egypt the duties applied to the basic products are reduced, or

    —

    in response to reductions resulting from mutual concessions relating to processed agricultural products.

    2.   As regards the duties applied by the Community, the reductions provided for under the first indent will be calculated on the part of the duty designated as the agricultural component which shall correspond to the agricultural products actually used in the manufacture of the processed agricultural products in question and deduced from the duties applied to these basic agricultural products.

    Article 3

    The Community and Egypt shall inform each other of the administrative arrangements adopted for the products covered by this Protocol.

    These arrangements should ensure equal treatment for all interested parties and should be as simple and flexible as possible.

    ANNEX I TO PROTOCOL 3

    Table 1

    Egyptian code

    Description

    Applicable duties %

    0405

    Butter and other fats and oils derived from milk, dairy spreads:

     

    0405 00 90

    Other (in packages of more than 20 kg)

    0

    0505

    Skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers:

     

    0505 10

    Feathers of a kind used for stuffing; down:

     

    0505 10 00

    Raw

    0

    0505 90 00

    Other

    0

    0506

    Bones and horn-cores, unworked, deflatted, simply prepared (but not cut to shape), treated with acid or degelatinised, powder and waste of these products

    0

    0509 90 00

    Natural sponges of animal origin

    0

    0510 00

    Ambergris, castoreum, civet and musk, cantharides; bile; whether or not dried, gland and other animal products used in the preparation of pharmaceutical products, fresh, chilled, frozen or otherwise provisionally preserved

    0

    0903 00

    Maté

    0

    1302

    Vegetable saps and extracts, pectid substances, pectinates and pectades, agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products

     

     

    –

    seaweed and other algae:

     

     

    – –

    other:

     

    1302 19 90

    – – –

    Other

    0

    1302 20 00

    –

    Pectic substances, pectinates and pectates:

    0

     

    – –

    Mucilages and thickeners, whether or not modified, derived from vegetable products:

    0

    1302 31 00

    – –

    Agar-agar

    0

    1302 32 00

    Mucilages and thickeners, whether or not modified, derived from locust beans, locust bean seeds or guar seeds

    0

    1401

    Vegetable materials of a kind used primarily for planting (for example, bamboos, rattans, reeds, rushes, osier, raffia, cleaned, bleached or dyed cereal straw, and lime bark):

     

    1401 10 00

    –

    bamboos

    0

    1401 20 00

    –

    rattans

    0

    1401 90 00

    –

    others

    0

    1505

    Wool grease crude and fatty substances derived therefrom (including lanolin):

     

    1505 10

    –

    Wool grease, crude:

     

    1505 10 90

    For wholesale

    0

    1505 90

    –

    Other:

     

    1505 90 90

    – –

    For wholesale

    0

    1506 00 90

    Other animal fats and oils and their fractions, whether or not refined, but not chemically modified for wholesale

    0

    1515

    Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified:

     

    1515 60

    Jojoba oil and its fractions:

     

    1515 60 90

    Jojoba oil and its fractions for wholesale

    0

    1518 00 10

    Lynixine

    0

    1518 00 90

    Other

    0

    1521

    Vegetable waxes, beeswax, other insects waxes and spermaceti, whether or not refined or coloured:

     

    1521 10

    Vegetable waxes

    0

    1521 90

    Other

    0

    1522 00 00

    Degras

    0

    1702

    –

    Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form, sugar syrups not containing added flavouring or colouring matter, artificial honey, whether or not mixed with natural honey, caramel:

     

    1702 50 00

    –

    Chemically pure fructose

    0

    1702 90 10

    –

    Chemically pure maltose

    0

    1803

    Cocoa paste, whether or not deflated:

     

    1803 10 00

    –

    not deflated

    0

    1803 20 00

    –

    wholly of partly deflated

    0

    1901

    Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 50 %, not elsewhere specified or included; food preparations of goods headings 0401 to 0404 , not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 10 %, not elsewhere specified or included:

     

    1901 10

    –

    Preparations for infant use, put up for retail sale

    0

    1901 90 11 -19-2130 90 91

    –

    Other

    0

    2101

    Extracts, essences and concentrates of coffee, tea or maté and preparations with a basis of these products or basis of coffee, tea or maté and other roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof:

     

    2101 20 00

    –

    Extracts, essences and concentrates of tea or maté, and preparations with a basis of these extracts, essences and concentrates or with a basis of tea or maté

    0

    2101 30 00

    –

    Roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof

    0

    2905 43 00

    Mannitol

    0

    2905 44 00

    D-gluticol (sorbitol)

    0

    2905 45 00

    Glycerol

    0

    3809 10 00

    Finishing agents dye carriers with a basis of amylaceauos substances

    0

    3823  (1)

    Industrial monocarboxylic fatty acids, acid oils from refining, industrial fatty alcohols:

     

     

    –

    Industrial monocarboxylic fatty acids, acid oils from refining:

     

    3823 11 00

    Stearic acid

    0

    3823 12 00

    Oleic acid

    0

    3823 13 00

    Tall oil fatty acids

    0

    3823 19

    Other:

     

    3823 19 10

    Distilled fatty acids

    0

    3823 19 30

    Fatty acids distillate

    0

    3823 19 90

    Other

    0

    3823 70 00

    Industrial fatty alcohols

    0

    3824  (1)

    Prepared binders for foundry moulds or cores, chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products) not otherwise specified or included, residual products of the chemical or allied industries, not elsewhere specified of included:

     

    3824 60

    –

    Sorbitol other than that of subheading 2905 44 :

     

     

    – –

    In acquaeous solution: A46

    0

    3824 60 11

    – – –

    Containing 2 % or less by weight of d-manitol, calculated on the d-glucol content

    0

    3824 60 19

    – – –

    Other

     

     

    – –

    Other:

    0

    3824 60 91

    – – –

    Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

    0

    3824 60 99

    – – –

    Other

    0

    Table 2

    Egyptian code

    Description

    Reduction to be applied to the basic duties %

    0403

    Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:

     

    0403 10 00

    –

    Yoghurt

    -15

    0403 90

    –

    Other:

     

     

    – – –

    other:

     

    0403 90 91

    – – – –

    put up for retail sale

    -15

    0403 90 99

    – – – –

    other

    -15

    0405

    Butter and other fats and oils derived from milk, dairy spreads:

     

    0405 00 10

    Package less than 20 kg

    -15

    1302

    Vegetable saps and extracts, pectid substances, pectinates and pectades, agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:

     

    1302 12 00

    – –

    Of liquorice

    -15

    1302 13 00

    – –

    Of hops

    -15

    1302 14 00

    – –

    Of pyrethrum or of the roots of plants containing rotenone

    -15

    1302 19

    – –

    Other:

     

    1302 19 20

    – – –

    Intermixtures of vegetable extracts, for the manufacture of beverages or of food preparations

    -15

    1404

    Vegetable products not elsewhere specified or included:

     

    1404 10 00

    Raw vegetable materials of a kind used primarily in dyeing or tanning

    -15

    1404 20

    –

    Cotton linters:

     

    1404 20 10

    – – –

    Treated chemically

    -15

    1404 20 90

    – – –

    Other

    -15

    1404 90 00

    Other

    -15

    1505

    Wool grease, crude and fatty substances derived therefrom (including lanolin):

     

    1505 10

    –

    Wool grease crude:

     

    1505 10 10

    – –

    Wool grease crude for retail sale

    -15

    1505 90

    –

    Other:

     

    1505 90 10

    – –

    For retail sale

    -15

    1516 20 10

    Vegetable fats and oils and their fractions, hydrogenated castor oil, so called ‘opal-wax’

    -15

    1517

    Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 1516 :

     

    1517 10

    Margarine, excluding liquid margarine,

     

    1517 10 10

    – – –

    For retail sale put up in packages of less than 20 kg

    -15

    1517 90

    –

    Other:

     

    1517 90 11

    – – – –

    Liquid margarine for retail sale put up in packages of less than 20 kg

    -15

    1517 90 91

    – – – –

    Others put up for retail sale

    -15

    1520 00

    Glycerol:

     

    1520 10 00

    –

    Crude

    -15

    1520 90

    –

    Other:

     

    1520 90 10

    – –

    For pharmaceutical use

    -15

    1520 90 90

    – –

    Others

    -15

    1804 00 00

    Cocoa butter, fat and oil

    -15

    1805 00 00

    Cocoa powder, not containing added sugar or other sweetening matter

    -15

    2001

    Vegetables, fruits, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:

     

    2001 90

    –

    Other:

     

     

    – –

    Yams, sweet potatoes and similar edible parts of plants containing 5 % ore more by weight of starch

    -15

     

    – –

    Palm hearts

    -15

    2004

    Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen:

     

    2004 10 00

    –

    Potatoes

    -15

    2004 90 00

    –

    Other vegetables and mixtures of vegetables:

     

     

    – –

    Sweet corn

    -15

    2005

    Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen

     

    2005 20 00

    –

    Potatoes:

     

     

    – –

    In the form of flour, meal or flakes,

    -15

    2101

    Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof:

     

    2101 10 00

    –

    Extracts, essences and concentrates of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee

    -15

    2103

    Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:

     

    2103 10 00

    –

    Soya sauce

    -15

    2103 20 00

    –

    Tomato ketchup and other tomato sauces

    -15

    2103 30 00

    –

    Mustard flour and meal and prepared mustard:

    -15

    2103 90 00

    – –

    Other:

    -15

    2104

    Soups and broths and preparations therefor; homogenised composite food preparations:

     

    2104 10 00

    Soups and broths and preparation therefor:

    -15

    2104 20

    Homogenised composite food preparation

     

    2104 20 10

    – –

    For infant use

    -15

    2104 20 90

    – –

    Other

    -15

    2105 00 00

    Ice cream and other edible ice, whether or not containing cocoa

    -15

    2106

    Food preparations not elsewhere specified or included:

     

    2106 10 00

    –

    Protein concentrates and textured protein substances

    -15

    2106 90

    –

    Other:

     

    2106 90 10

    – – –

    Emulsifying material

    -15

    2106 90 30

    – – –

    Food preparation for medical use

    -15

    2106 90 90

    – – –

    Other (including cheese fondue)

    -15

    3505 10

    Dextrins and other modified starches

    -15

    3505 20

    Glue based on starches or on dextrins or other modified starches

    -15

    Table 3

    Egyptian code

    Description

    Reduction to be applied to the basic duties %

    0507

    Ivory, tortoise-shell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, unworked or simply prepared but not cut to shape, powder and waste of these products

    -25

    0508 00

    Coral and similar materials unworked or simply prepared but not otherwise worked. Shells of molluscs, crustaceans or echinoderms and cuttle-bone, unworked or simply prepared but not cut to shape, powder and waste thereof

    -25

    0710

    Vegetables (uncooked or cooked by streaming or boiling in water), frozen:

     

    0710 40 00

    –

    Sweet corn

    -25

    0711

    Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption:

     

    0711 90 00

    –

    Other:

     

     

    – –

    Sweet corn (zea mays var. saccharata)

    -25

    1506

    Other animal fats and oils and their fractions whether or not refined but not chemically modified:

     

    1506 00 10

    –

    For retail sale

    -25

    1704

    Sugar confectionery (including white chocolate), not containing cocoa

    -25

    1806

    Chocolate and other food preparation containing cocoa

    -25

    1901

    Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 50 %, not elsewhere specified or included; food preparations of goods headings 0401 to 0404, not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 10 %, not elsewhere specified or included

     

    1901 20 00

    – Mixes and doughs for the preparation of bakers' ware of heading 1905

    -25

     

    – –

    Malt extract

    -25

    1901 90 29

    – – – –

    Other

    -25

    1901 90 99

    – – – –

    Other

    -25

    1902

    Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni, couscous, whether or not prepared

    -25

     

    –

    Uncooked pasta, not stuffed or otherwise prepared

    -25

    1903 00 00

    Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms

    -25

    1904

    Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example cornflakes); cereals other than maize (corn), in grain form, pre-cooked or otherwise prepared (2)

    -25

    1905

    Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

    -25

    2001

    Vegetables, fruits, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:

     

    2001 90 90

    –

    Other:

     

     

    – –

    Sweet corn (zea mays var. saccharata)

    -25

    2004

    Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen:

     

    2004 90 00

    –

    Other vegetables and mixtures of vegetables:

     

    2004 90 10

    – – –

    Sweet corn (zea mays var. saccharata)

    -25

    2005

    Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen:

     

    2005 80 00

    –

    Sweet corn (zea mays var. saccharata)

    -25

    2008

    Fruits, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included:

     

    2008 11 00

    Ground-nuts:

    – –

    Peanut butter

    -25

     

    –

    Other, including mixtures other than those of subheading 2008 19 :

     

    2008 91 00

    – –

    Palm hearts

    -25

    2008 92 00

    – –

    Mixtures (not containing added spirit)

    -25

    2008 99 00

    – –

    Other

    -25

    2102

    Yeasts (active or inactive), other single-cell micro organisms, dead (but not including vaccines of heading 3002), prepared baking powders

    -25

    2201

    Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter or flavoured; ice and snow

    -25

    2202

    Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009

    -25

    2207

    Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol and other spirits, denatured, of any strength

    -25

    3302

    Mixture of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as a raw material in industry, other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:

     

    3302 10

    Of a kind used in the food or drink industries

    -25

    (1)  Headings 3823 and 3824 (and all the products included into these two groups) are classified by CN codes.

    (2)  This description has changed since 1 January 1996; see heading 1904 in Annex II Table 3.

    ANNEX II TO PROTOCOL 3

    Table 1

    CN code

    Description

    Applicable duties %

    0505

    Skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers:

     

    0505 10

    –

    Feathers of a kind used for stuffing; down:

     

    0505 10 90

    – –

    Other

    0

    0505 90 00

    –

    Other

    0

    0509 00

    Natural sponges of animal origin:

     

    0509 00 90

    –

    Other

    0

    0903 00 00

    Maté

    0

    1212

    Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included:

     

    1212 20 00

    Seaweeds and other algae

    0

    1302

    Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:

     

     

    –

    Vegetable saps and extracts:

     

    1302 12 00

    – –

    Of liquorice

    0

    1302 13 00

    – –

    Of hops

    0

    1302 14 00

    – –

    Of pyrethrum or of the roots of plants containing rotenone

    0

    1302 19

    – –

    Other:

     

    1302 19 30

    – – –

    Intermixtures of vegetable extracts, for the manufacture of beverages or of food preparations

    0

     

    – – –

    Other:

     

    1302 19 91

    – – – –

    Medicinal

    0

    1302 20

    –

    Pectic substances, pectinates and pectates:

     

    1302 20 10

    – –

    Dry

    0

    1302 20 90

    – –

    Other

    0

     

    –

    Mucilages and thickeners, whether or not modified, derived from vegetable products:

     

    1302 31 00

    – –

    Agar-agar

    0

    1302 32

    – –

    Mucilages and thickeners, whether or not modified, derived from locust beans, locust bean seeds or guar seeds:

     

    1302 32 10

    – – –

    Of locust beans or locust bean seeds

    0

    1505

    Wool grease and fatty substances derived therefrom (including lanolin):

     

    1505 10 00

    –

    Wool grease, crude

    0

    1505 90 00

    –

    Other

    0

    1506 00 00

    Other animal fats and oils and their fractions, whether or not refined, but not chemically modified

    0

    1515

    Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified:

     

    1515 60

    –

    Jojoba oil and its fractions:

     

    1515 60 90

    – –

    Other

    0

    1516

    Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared:

     

    1516 20

    –

    Vegetable fats and oils and their fractions:

     

    1516 20 10

    – –

    Hydrogenated castor oil, so called ‘opal-wax’

    0

    1517 90 93

    – – –

    Edible mixtures or preparations of a kind used as mould release preparation

    0

    1518 00

    Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516 ; inedible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, not elsewhere specified or included:

     

    1518 00 10

    –

    Linoxyn

    0

     

    –

    Fixed vegetable oils, fluid, mixed, for technical or industrial uses other than the manufacture of foodstuffs for human consumption

     

     

    –

    Other:

     

    1518 00 91

    – –

    Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516

    0

     

    – –

    Other:

     

    1518 00 95

    – – –

    Inedible mixtures or preparations of animal or of animal and vegetable fats and oils and their fractions

    0

    1518 00 99

    – – –

    Other

    0

    1520 00 00

    Glycerol (glycerine), crude; glycerol waters and glycerol lyes

    0

    1521

    Vegetable waxes (other than triglycerides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured:

     

    1521 10

    –

    Vegetable waxes:

     

    1521 10 90

    – –

    Other

    0

    1521 90

    –

    Other:

     

    1521 90 10

    – –

    Spermaceti, whether or not refined or coloured

    0

     

    – –

    Beeswax and other insect waxes, whether or not refined or coloured

     

    1521 90 99

    – – –

    Other

    0

    1522 00

    Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes:

     

    1522 00 10

    –

    Degras

    0

    1702 90

    –

    Other, including invert sugar:

     

    1702 90 10

    – –

    Chemically pure maltose

    0

    1704

    Sugar confectionery (including white chocolate), not containing cocoa:

     

    1704 90

    –

    Other:

     

    1704 90 10

    – –

    Liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances

    0

    1803

    Cocoa paste, whether or not defatted:

     

    1803 10 00

    –

    Not defatted

    0

    1803 20 00

    –

    Wholly or partly defatted

    0

    1804 00 00

    Cocoa butter, fat and oil

    0

    1805 00 00

    Cocoa powder, not containing added sugar or other sweetening matter

    0

    1806

    Chocolate and other food preparation containing cocoa:

     

    1806 10

    –

    Cocoa powder, containing added sugar or other sweetening matter:

     

    1806 10 15

    – –

    Containing no sucrose or containing less than 5 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

    0

     

    – –

    Other:

     

    1901 90 91

    – – –

    Containing no milk fats, sucrose, isoglucose, glucose or starch or containing less than 1,5 % milk fat, 5 % sucrose (including invert sugar) or isoglucose, 5 % glucose or starch, excluding food preparations in powder form of goods of headings 0401 to 0404

    0

    2001 90 60

    – –

    Palm hearts

    0

    2008 11 10

    – – –

    Peanut butter

    0

     

    –

    Other, including mixtures other than those of subheading 2008 19 :

     

    2008 91 00

    – –

    Palm hearts

    0

    2101

    Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof:

     

     

    –

    Extracts, essences and concentrates of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

     

    2101 11

    – –

    Extracts; essences or concentrates:

     

    2101 11 11

    – – –

    With a coffee-based dry matter content of 95 % or more by weight

    0

    2101 11 19

    ---

    Other

    0

     

    --

    Preparations:

     

     

    – –

    Preparations with a basis of coffee:

     

    2101 12 92

    – – –

    With a basis of extracts, essences or concentrates of coffee

    0

    2101 20

    –

    Extracts, essences and concentrates of tea or maté, and preparations with a basis of these extracts, essences and concentrates or with a basis of tea or maté:

     

    2101 20 20

    – –

    Extracts, essences or concentrates:

    0

     

    – –

    Preparations

     

    2101 20 92

    – – –

    With a basis of extracts, essences or concentrates of tea or maté

    0

    2101 30

    –

    Roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof:

     

     

    – –

    Roasted chicory and other roasted coffee substitutes:

     

    2101 30 11

    – – –

    Roasted chicory

    0

     

    – –

    Extracts, essences and concentrates of roasted chicory and other roasted coffee substitutes:

     

    2101 30 91

    – – –

    Of roasted chicory

    0

    2102

    Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 3002 ); prepared baking powders:

     

    2102 10

    –

    Active yeasts:

     

    2102 10 10

    – –

    Culture yeast

    0

    2102 10 31

    – –

    Bakers' yeasts

    0

    2102 10 39

    – –

    Bakers' yeast (excluding dried)

    0

    2102 10 90

    – –

    Other

    0

    2102 20

    –

    Inactive yeasts; other single-cell micro-organisms, dead:

     

     

    – –

    Inactive yeasts:

     

    2102 20 11

    – – –

    In tablet, cube or similar form, or in immediate packings of a net content not exceeding 1 kg.

    0

    2102 20 19

    – – –

    Other

    0

    2102 20 90

    – –

    Other

    0

    2102 30 00

    –

    Prepared baking powders

    0

    2103

    Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:

     

    2103 10 00

    –

    Soya sauce

    0

    2103 20 00

    –

    Tomato ketchup and other tomato sauces

    0

    2103 30

    –

    Mustard flour and meal and prepared mustard:

     

    2103 30 10

    – –

    Mustard flour

    0

    2103 30 90

    – –

    Prepared mustard

    0

    2103 90

    – –

    Other:

     

    2103 90 10

    – –

    Mango chutney, liquid

    0

    2103 90 30

    – –

    Aromatic bitters of an alcoholic strength by volume of 44,2 to 49,2 % vol containing from 1,5 to 6 % by weight of gentian, spices and various ingredients and from 4 to 10 % of sugar, in containers holding 0,5 litre or less

    0

    2103 90 90

    – –

    Other

    0

    2104

    Soups and broths and preparations therefor; homogenised composite food preparations:

     

    2104 10

    –

    Soups and broths and preparation therefor

    0

    2104 20 00

    –

    Homogenised composite food preparation

    0

    2106

    Food preparations not elsewhere specified or included:

     

    2106 10

    –

    Protein concentrates and textured protein substances:

     

    2106 10 20

    – –

    Containing no milk fats, sucrose, isoglucose, glucose or starch or containing by weight less than 1,5 % milk fat, 5 % sucrose or isoglucose, 5 % glucose or starch

    0

     

    –

    Other:

     

    2106 90

    – –

    Other:

     

    2106 90 92

    – – –

    Containing no milk fats, sucrose, isoglucose, glucose or starch or containing by weight less than 1,5 % milk fat, 5 % sucrose or isoglucose, 5 % glucose or starch

    0

    2201

    Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavoured; ice and snow:

     

    2201 10

    –

    Mineral waters and aerated waters:

    0

    2201 90 00

    –

    Other

    0

    2202

    Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 :

     

    2202 10 00

    –

    Waters including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured

    0

    2202 90

    –

    Other:

     

    2202 90 10

    – –

    Not containing products of headings 0401 to 0404 or fat obtained from products of headings 0401 to 0404

    0

    2203 00

    Beer made from malt:

     

     

    –

    In containers holding 10 litres or less:

     

    2203 00 01

    – –

    In bottles

    0

    2203 00 09

    – –

    Other

    0

    2203 00 10

    –

    In containers holding more than 10 litres

    0

    2205

    Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances:

     

    2205 10

    –

    In containers holding 2 litres or less:

     

    2205 10 10

    – –

    Of an actual alcoholic strength by volume of 18 % vol or less

    0

    2205 10 90

    – –

    Of an actual alcoholic strength by volume exceeding 18 % vol

    0

    2205 90

    –

    Other:

     

    2205 90 10

    – –

    Of an actual alcoholic strength by volume of 18 % vol or less

    0

    2205 90 90

    – –

    Of an actual alcoholic strength by volume exceeding 18 % vol

    0

    2207

    Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol and other spirits, denatured, of any strength

    0

    2208

    Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages:

    0

    2402 10 00

    –

    Cigars, cheroots and cigarillos, containing tobacco

    0

    2402 20

    –

    Cigarettes containing tobacco:

     

    2402 20 10

    – –

    Containing cloves

    0

    2402 20 90

    – –

    Other

    0

    2402 90 00

    –

    Other

    0

    2403

    Other manufactured tobacco and manufactured tobacco substitutes; homogenised or reconstituted tobacco; tobacco extracts and essences:

     

    2403 10

    –

    Smoking tobacco, whether or not containing tobacco substitutes in any proportion

    0

     

    –

    Other

     

    2403 91 00

    – –

    ‘Homogenised’ or ‘reconstituted’ tobacco

    0

    2403 99

    – –

    Other:

     

    2403 99 10

    – – –

    Chewing tobacco and snuff

    0

    2403 99 90

    – – –

    Other

    0

    Table 2

    CN code

    Description

    Applicable duties % (1)

    0403

    Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:

     

    0403 10 51 to 99

    – –

    Yoghurt, flavoured or containing added fruit or cocoa

    0 + EA

    0403 90 71 to 99

    – –

    Other, flavoured or containing added fruit or cocoa

    0 + EA

    0405

    Butter and other fats and oils derived from milk; dairy spreads:

     

    0405 20

    Dairy spreads:

     

    0405 20 10

    – –

    Of a fat content, by weight, of 39 % or more but less than 60 %

    0 + EA

    0405 20 30

    – –

    Of a fat content, by weight, of 60 % or more but not exceeding 75 %:

    0 + EA

    0710 40 00

    Sweet corn (uncooked or cooked by steaming or boiling in water), frozen

    0 + EA

    0711 90 30

    Sweet corn provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solution), but unsuitable in that state for immediate consumption

    0 + EA

    ex 1517

    Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 1516 :

     

    1517 10 10

    –

    Margarine, excluding liquid margarine, containing more than 10 % but not more than 15 % by weight of milk fats

    0 + EA

    1517 90 10

    –

    Other, containing more than 10 % but not more than 15 % by weight of milk fats

     

    1702 50 00

    Chemically pure fructose

    0 + EA

    ex 1704

    Sugar confectionery (including white chocolate), not containing cocoa; excluding liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances, falling within CN code 1704 90 10

    0 + EA

    ex 1806

    Chocolate and other food preparations containing cocoa other than those of CN code 1806 10 15

    0 + EA

    ex 1901

    Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods Nos 0401 to 0404 , not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included, excluding preparations falling within CN code 1901 90 91  (2)

    0 + EA

    ex 1902

    Pasta, excluding stuffed pasta falling within CN codes 1902 20 10 and 1902 20 30 ; couscous, whether or not prepared

    0 + EA

    1903

    Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms

    0 + EA

    1904

    Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example cornflakes); cereals (other than maize (corn)), in grain form or in the form of flakes or other worked grains (except flour and meal), precooked or otherwise prepared, not elsewhere specified or included

    0 + EA

    1905

    Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

    0 + EA

    2001 90 30

    Sweet corn (Zea mays var. saccharata), prepared or preserved by vinegar or acetic acid

    0 + EA

    2001 90 40

    Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, prepared or preserved by vinegar or acetic acid

    0 + EA

    2004 10 91

    Potatoes in the form or flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid, frozen

    0 + EA

    2004 90 10

    Sweet corn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, frozen

    0 + EA

    2005 20 10

    Potatoes in the form or flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen

    0 + EA

    2005 80 00

    Sweet corn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, not frozen

    0 + EA

    2008 99 85

    Maize (corn), other than sweet corn (Zea mays var. saccharata) otherwise prepared or preserved, not containing added spirit or added sugar

    0 + EA

    2008 99 91

    Yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch, otherwise prepared or preserved, not containing added spirit or added sugar

    0 + EA

    2101 12 98

    Preparations with a basis of coffee

    0 + EA

    2101 20 98

    Preparations with a basis of tea or maté

    0 + EA

    2101 30 19

    Roasted coffee substitutes excluding roasted chicory

    0 + EA

    2101 30 99

    Extracts, essences and concentrates of roasted coffee substitutes excluding those of roasted chicory

    0 + EA

    2105

    Ice cream and other edible ice, whether or not containing cocoa

    0 + EA

    ex 2106

    Food preparations not elsewhere specified or included other than those falling within CN codes 2106 10 20 and 2106 90 92 and other than flavoured or coloured sugar syrups

    0 + EA

    2202 90 91

    2202 90 95

    2202 90 99

    Non-alcoholic beverages, not including fruit or vegetable juices of CN code 2009 , containing products of CN code 0401 to 0404 or fat obtained from products of CN code 0401 to 0404

    0 + EA

    2905 43 00

    Mannitol

    0 + EA

    2905 44

    D-glucitol (sorbitol)

    0 + EA

    3302 10 29

    Mixtures of odoriferous substances and mixtures; other preparations based on odoriferous substances

    0 + EA

    ex 3505 10

    Dextrins and other modified starches, excluding esterified and etherified starches of CN code 3505 10 50

    0 + EA

    3505 20

    Glues based on starches or on dextrins or other modified starches

    0 + EA

    3809 10

    Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included

    0 + EA

    3824 60

    Sorbitol other than that of CN code 2905 44

    0 + EA

    Table 3

    CN code

    Description of goods

    Annual quota

    (1 000 kg)

    Applicable duties % (3)

    ex 1704

    Sugar confectionery (including white chocolate), not containing cocoa; excluding liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances, falling within CN code 1704 90 10

    1 000

    0 + (EA-30 %)

    ex 1806

    Chocolate and other food preparations containing cocoa other than those of CN code 1806 10 15

    1 200

    0 + (EA-30 %)

    ex 1902

    Pasta, excluding stuffed pasta falling within CN codes 1902 20 10 and 1902 20 30 ; couscous, whether or not prepared

    1 500

    0 + (EA-30 %)

    1904

    Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example cornflakes); cereals other than maize (corn), in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked or otherwise prepared, not elsewhere specified or included (4)

    1 000

    0 + (EA-30 %)

    1905

    Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

    1 200

    0 + (EA-30 %)

    2004 10 91

    2005 20 10

    Potatoes in the form or flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid (frozen or not).

    1 800

    0 + (EA-30 %)

    (1)  EA: agricultural component as referred to in Regulation (EC) No 3448/93, as amended.

    (2)  New definition from 1 January 1996.

    (3)  EA: agricultural component as referred to in Regulation (EC) No 3448/93, as amended.

    (4)  New definition from 1 January 1996.

    PROTOCOL 4

    Concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

    CONTENTS

    TITLE I —   GENERAL PROVISIONS

    —

    Article 1:

    		 Definitions

    TITLE II —   DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’

    —

    Article 2:

    		 General requirements

    —

    Article 3:

    		 Bilateral cumulation of origin

    —

    Article 4:

    		 Diagonal cumulation of origin

    —

    Article 5:

    		 Wholly obtained products

    —

    Article 6:

    		 Sufficiently worked or processed products

    —

    Article 7:

    		 Insufficient working or processing operations

    —

    Article 8:

    		 Unit of qualification

    —

    Article 9:

    		 Accessories, spare parts and tools

    —

    Article 10:

    		 Sets

    —

    Article 11:

    		 Neutral elements

    TITLE III —   TERRITORIAL REQUIREMENTS

    —

    Article 12:

    		 Principle of territoriality

    —

    Article 13:

    		 Direct transport

    —

    Article 14:

    		 Exhibitions

    TITLE IV —   DRAWBACK OR EXEMPTION

    —

    Article 15:

    		 Prohibition of drawback of, or exemption from, customs duties (amended)

    TITLE V —   PROOF OF ORIGIN

    —

    Article 16:

    		 General requirements

    —

    Article 17:

    		 Procedure for the issue of a movement certificate EUR1

    —

    Article 18:

    		 Movement certificates EUR1 issued retrospectively

    —

    Article 19:

    		 Issue of a duplicate movement certificate EUR1

    —

    Article 20:

    		 Issue of movement certificates EUR1 on the basis of a proof of origin issued or made out previously

    —

    Article 21:

    		 Conditions for making out an invoice declaration

    —

    Article 22:

    		 Approved exporter

    —

    Article 23:

    		 Validity of proof of origin

    —

    Article 24:

    		 Submission of proof of origin

    —

    Article 25:

    		 Importation by instalments

    —

    Article 26:

    		 Exemptions from proof of origin

    —

    Article 27:

    		 Supporting documents

    —

    Article 28:

    		 Preservation of proof of origin and supporting documents

    —

    Article 29:

    		 Discrepancies and formal errors

    —

    Article 30:

    		 Amounts expressed in euro

    TITLE VI —   ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

    —

    Article 31:

    		 Mutual assistance

    —

    Article 32:

    		 Verification of proofs of origin

    —

    Article 33:

    		 Dispute settlement

    —

    Article 34:

    		 Penalties

    —

    Article 35:

    		 Free zones

    TITLE VII —   CEUTA AND MELILLA

    —

    Article 36:

    		 Application of the Protocol

    —

    Article 37:

    		 Special conditions

    TITLE VIII —   FINAL PROVISIONS

    —

    Article 38:

    		 Amendments to the Protocol

    —

    Article 39:

    		 Implementation of the Protocol

    —

    Article 40:

    		 Goods in transit or storage

    ANNEXES

    ANNEX I:

    		 Introductory notes to the list in Annex II

    ANNEX II:

    		 List of working or processing required to be carried out on non-originating materials in order that the products manufactured can obtain originating status

    ANNEX II(a)

    		 List of working or processing required to be carried out on non-originating materials in order that the products manufactured referred to in Article 6(2) can obtain originating status

    ANNEX III:

    		 List of products originating in Turkey to which the provisions of Article 4 do not apply, listed in the order of Harmonised System Chapters and Headings

    ANNEX IV:

    		 Movement certificate EUR1 and application for a movement certificate EUR1

    ANNEX V:

    		 Invoice declaration

    ANNEX VI:

    		 Joint declarations

    TITLE I

    GENERAL PROVISIONS

    Article 1

    Definitions

    For the purposes 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 1994 Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade (WTO Agreement on customs valuation);

    (f)

    ‘ex-works price’ means the price paid for the product ex works to the manufacturer in the Community or Egypt 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 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 non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the Community or Egypt;

    (h)

    ‘value of originating materials’ means the value of such materials as defined in subparagraph (g) applied mutatis mutandis;

    (i)

    ‘added value’ shall be taken to be the ex-works price minus the customs value of each of the products incorporated which did not originate in the country in which those products were obtained;

    (j)

    ‘chapters’ and ‘headings’ mean the chapters and the headings (four-digit codes) used in the nomenclature which makes up the Harmonised Commodity Description and Coding System, referred to in this Protocol as ‘the Harmonised 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’ includes territorial waters.

    TITLE II

    DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’

    Article 2

    General requirements

    1.   For the purpose of implementing this Agreement, the following products shall be considered as originating in the Community:

    (a)

    products wholly obtained in the Community within the meaning of Article 5 of this Protocol;

    (b)

    products obtained in the Community incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the Community within the meaning of Article 6 of this Protocol.

    2.   For the purpose of implementing this Agreement, the following products shall be considered as originating in Egypt:

    (a)

    products wholly obtained in Egypt within the meaning of Article 5 of this Protocol;

    (b)

    products obtained in Egypt incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in Egypt within the meaning of Article 6 of this Protocol.

    Article 3

    Bilateral cumulation of origin

    1.   Materials originating in the Community shall be considered as materials originating in Egypt when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 7(1) of this Protocol.

    2.   Materials originating in Egypt shall be considered as materials originating in the Community when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 7(1) of this Protocol.

    Article 4

    Diagonal cumulation of origin

    1.   Subject to the provisions of paragraphs 2 and 3, materials originating in Algeria, Cyprus, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia, Turkey (1) or the West bank and the Gaza Strip, within the meaning of the Agreements between the Community and Egypt and these countries shall be considered as originating in the Community or Egypt when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing.

    2.   Products which have acquired originating status by virtue of paragraph 1 shall only continue to be considered as products originating in the Community or Egypt when the value added there exceeds the value of the materials used originating in any one of the other countries referred to in paragraph 1. If this is not so, the products concerned shall be considered as originating in the country referred to in paragraph 1 which accounts for the highest value of originating materials used. In the allocation of origin, no account shall be taken of materials originating in the other countries referred to in paragraph 1 which have undergone sufficient working or processing in the Community or Egypt.

    3.   The cumulation provided for in this Article may only be applied where the materials used have acquired the status of originating products by an application of rules of origin identical to the rules in this Protocol. The Community and Egypt shall provide each other, through the European Commission, with details of agreements and their corresponding rules of origin which have been concluded with the other countries referred to in paragraph 1.

    4.   Once the requirements laid down in paragraph 3 have been fulfilled, and a date for the entry into force of these provisions has been agreed, each party shall fulfil its own notification and information obligations.

    Article 5

    Wholly obtained products

    1.   The following shall be considered as wholly obtained in the Community or Egypt:

    (a)

    mineral products extracted from their soil or from their seabed;

    (b)

    vegetable products harvested there;

    (c)

    live animals born and raised there;

    (d)

    products from live animals raised there;

    (e)

    products obtained by hunting or fishing conducted there;

    (f)

    products of sea fishing and other products taken from the sea outside the territorial waters of the Community or Egypt by their vessels;

    (g)

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

    (h)

    used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or for use as waste;

    (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 there exclusively from the products specified in subparagraphs (a) to (j).

    2.   The terms ‘their vessels’ and ‘their factory ships’ in paragraph 1(f) and (g) shall apply only to vessels and factory ships:

    (a)

    which are registered or recorded in an EC Member State or in Egypt;

    (b)

    which sail under the flag of an EC Member State or of Egypt;

    (c)

    which are owned to an extent of at least 50 % by nationals of EC Member States or of Egypt, or by a company with its head office in one of these States, of which the manager or managers, Chairman of the Board of Directors or the Supervisory Board, and the majority of the members of such boards are nationals of EC Member States or of Egypt and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to those States or to public bodies or nationals of the said States;

    (d)

    of which the master and officers are nationals of EC Member States or of Egypt; and

    (e)

    of which at least 75 % of the crew are nationals of EC Member States or of Egypt.

    Article 6

    Sufficiently worked or processed products

    1.   For the purposes of Article 2, 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 are fulfilled.

    The conditions referred to above indicate, for all products covered by this Agreement, the working or processing which must be carried out on non-originating materials used in manufacturing and apply only in relation to such materials. Accordingly, it follows that if a product, which has acquired originating status by fulfilling the conditions set out in the list 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 non-originating materials which may have been used in its manufacture.

    2.   Notwithstanding paragraph 1, the products which are not wholly obtained and listed in Annex II(a) are considered to be sufficiently worked or processed when the conditions set out in the list in Annex II(a) are fulfilled.

    The provision of this paragraph shall apply for three years following the entry into force of the Agreement.

    3.   Notwithstanding paragraph 1 and 2, non-originating materials which, according to the conditions set out in the list, should not be used in the manufacture of a product may nevertheless be used, provided that:

    (a)

    their total value does not exceed 10 % of the ex-works price of the product;

    (b)

    any of the percentages given in the list for the maximum value of non-originating materials are not exceeded through the application of this paragraph.

    This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonised System.

    4.   Paragraphs 1, 2 and 3 shall apply except as provided in Article 7.

    Article 7

    Insufficient working or processing operations

    1.   Without prejudice to paragraph 2, 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 6 are satisfied:

    (a)

    operations to ensure the preservation of products in good condition during transport and storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations);

    (b)

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

    (c)

    (i)

    changes of packaging and breaking up and assembly of packages;

    (ii)

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

    (d)

    affixing marks, labels and other like distinguishing signs on products or their packaging;

    (e)

    simple mixing of products, whether or not of different kinds, where one or more components of the mixtures do not meet the conditions laid down in this Protocol to enable them to be considered as originating in the Community or Egypt;

    (f)

    simple assembly of parts to constitute a complete product;

    (g)

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

    (h)

    slaughter of animals.

    2.   All the operations carried out in either the Community or Egypt 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.

    Article 8

    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 Harmonised System.

    Accordingly, it follows that:

    (a)

    when a product composed of a group or assembly of articles is classified under the terms of the Harmonised 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 Harmonised System, each product must be taken individually when applying the provisions of this Protocol.

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

    Article 9

    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 10

    Sets

    Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 % of the ex-works price of the set.

    Article 11

    Neutral elements

    In order to determine whether a product originates, 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 do not enter and which are not intended to enter into the final composition of the product.

    TITLE III

    TERRITORIAL REQUIREMENTS

    Article 12

    Principle of territoriality

    1.   The conditions set out in Title II relative to the acquisition of originating status must be fulfilled without interruption in the Community or Egypt, except as provided for in Article 4.

    2.   If originating goods exported from the Community or Egypt to another country are returned, except in so far as provided for in Article 4 they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

    (a)

    the goods returned are the same goods 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.

    Article 13

    Direct transport

    1.   The preferential treatment provided for under the Agreement applies only to products, satisfying the requirements of this Protocol, which are transported directly between the Community and Egypt or through the territories of the other countries referred to in Article 4. However, products constituting one single consignment may be transported through other territories with, should the occasion arise, transhipment or temporary warehousing in such territories, provided that they remain under the surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.

    Originating products may be transported by pipeline across territory other than that of the Community or Egypt.

    2.   Evidence that the conditions set out in paragraph 1 have been fulfilled shall be supplied to the customs authorities of the importing country by the production of:

    (a)

    a single transport document covering the passage from the exporting country through the country of transit; or

    (b)

    a certificate issued by the customs authorities of the country of transit:

    (i)

    giving an exact description of the products;

    (ii)

    stating the dates of unloading and reloading of the products and, where applicable, the names of the ships, or the other means of transport used; and

    (iii)

    certifying the conditions under which the products remained in the transit country; or

    (c)

    failing these, any substantiating documents.

    Article 14

    Exhibitions

    1.   Originating products, sent for exhibition in a country other than those referred to in Article 4 and sold after the exhibition for importation in the Community or Egypt shall benefit on importation from the provisions of the Agreement provided it is shown to the satisfaction of the customs authorities that:

    (a)

    an exporter has consigned these products from the Community or Egypt 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 the Community or Egypt;

    (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 must be issued or made out in accordance with the provisions of Title V and submitted to the customs authorities of the importing country in the normal manner. The name and address of the exhibition must be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required.

    3.   Paragraph 1 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

    DRAWBACK OR EXEMPTION

    Article 15

    Prohibition of drawback of, or exemption from, customs duties

    1.   Non-originating materials used in the manufacture of products originating in the Community, in Egypt or in one of the other countries referred to in Article 4 for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in the Community or Egypt to drawback of, or exemption from, customs duties of whatever kind.

    2.   The prohibition in paragraph 1 shall apply to any arrangement for refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect, applicable in the Community or Egypt to materials used in the manufacture, where such refund, remission or non-payment applies, expressly or in effect, when products obtained from the said materials are exported and not when they are retained for home use there.

    3.   The exporter of products covered by a proof of origin shall be prepared to submit at any time, upon request from the customs authorities, all appropriate documents proving that no drawback has been obtained in respect of the non-originating materials used in the manufacture of the products concerned and that all customs duties or charges having equivalent effect applicable to such materials have actually been paid.

    4.   The provisions of paragraphs 1 to 3 shall also apply in respect of packaging within the meaning of Article 8(2), accessories, spare parts and tools within the meaning of Article 9 and products in a set within the meaning of Article 10 when such items are non-originating.

    5.   The provisions of paragraphs 1 to 4 shall apply only in respect of materials which are of the kind to which the Agreement applies. Furthermore, they shall not preclude the application of an export refund system for agricultural products, applicable upon export in accordance with the provisions of the Agreement.

    6.   The provisions of this Article shall not apply for six years following the entry into force of the Agreement.

    7.   After the entry into force of the provisions of this Article and notwithstanding paragraph 1, Egypt may apply arrangements for drawback of, or exemption from, customs duties or charges having an equivalent effect, applicable to materials used in the manufacture of originating products, subject to the following provisions:

    (a)

    a 5 % rate of customs charge shall be retained in respect of products falling within Chapters 25 to 49 and 64 to 97 of the Harmonised System, or such lower rate as in force in Egypt;

    (b)

    a 10 % rate of customs charge shall be retained in respect of products falling within Chapters 50 to 63 of the Harmonised System, or such lower rate as in force in Egypt.

    Before the end of the transitional period referred to in Article 6 of the Agreement, the provisions of this paragraph will be reviewed.

    TITLE V

    PROOF OF ORIGIN

    Article 16

    General requirements

    1.   Products originating in the Community shall, on importation into Egypt and products originating in Egypt shall, on importation into the Community benefit from this Agreement upon submission of either:

    (a)

    a movement certificate EUR1, a specimen of which appears in Annex IV; or

    (b)

    in the cases specified in Article 21(1), a declaration, the text of which appears in Annex V, 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 (hereinafter referred to as the invoice declaration).

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

    Article 17

    Procedure for the issue of a movement certificate EUR1

    1.   A movement certificate EUR1 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 EUR1 and the application form, specimens of which appear in Annex IV. These forms shall be completed in one of the languages in which this Agreement is drawn up and in accordance with the provisions of the domestic law of the exporting country. If they 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 must 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 EUR1 shall be prepared to submit at any time, at the request of the customs authorities of the exporting country where the movement certificate EUR1 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 EUR1 shall be issued by the customs authorities of an EC Member State or Egypt if the products concerned can be considered as products originating in the Community, Egypt or in one of the other countries referred to in Article 4 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 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 EUR1 shall be indicated in box 11 of the certificate.

    7.   A movement certificate EUR1 shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.

    Article 18

    Movement certificates EUR1 issued retrospectively

    1.   Notwithstanding Article 17(7), a movement certificate EUR1 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 EUR1 was issued but was not accepted at importation for technical reasons.

    2.   For the implementation of paragraph 1, the exporter must indicate in his application the place and date of exportation of the products to which the movement certificate EUR1 relates, and state the reasons for his request.

    3.   The customs authorities may issue a movement certificate EUR1 retrospectively only after verifying that the information supplied in the exporter's application agrees with that in the corresponding file.

    4.   Movement certificates EUR1 issued retrospectively must be endorsed with one of the following phrases:

    ‘NACHTRÄGLICH AUSGESTELLT’, ‘DELIVRE A POSTERIORI’, ‘RILASCIATO A POSTERIORI’, ‘AFGEGEVEN A POSTERIORI’, ‘ISSUED RETROSPECTIVELY’, ‘UDSTEDT EFTERFØLGENDE’, ‘ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ’, ‘EXPEDIDO A POSTERIORI’, ‘EMITIDO A POSTERIORI’, ‘ANNETTU JÄLKIKÄTEEN’, ‘UTFÄRDAT I EFTERHAND’, ‘Arabic version’.

    5.   The endorsement referred to in paragraph 4 shall be inserted in the ‘Remarks’ box of the movement certificate EUR1.

    Article 19

    Issue of a duplicate movement certificate EUR1

    1.   In the event of theft, loss or destruction of a movement certificate EUR1, 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 one of the following words:

    ‘DUPLIKAT’, ‘DUPLICATA’, ‘DUPLICATO’, ‘DUPLICAAT’, ‘DUPLICATE’, ‘ΑΝΤΙΓΡΑΦΟ’, ‘DUPLICADO’, ‘SEGUNDA VIA’, ‘KAKSOISKAPPALE’, ‘Arabic version’.

    3.   The endorsement referred to in paragraph 2 shall be inserted in the ‘Remarks’ box of the duplicate movement certificate EUR1.

    4.   The duplicate, which must bear the date of issue of the original movement certificate EUR1, shall take effect as from that date.

    Article 20

    Issue of movement certificates EUR1 on the basis of a proof of origin issued or made out previously

    When originating products are placed under the control of a customs office in the Community or Egypt, it shall be possible to replace the original proof of origin by one or more movement certificates EUR1 for the purpose of sending all or some of these products elsewhere within the Community or Egypt. The replacement movement certificate(s) EUR1 shall be issued by the customs office under whose control the products are placed.

    Article 21

    Conditions for making out an invoice declaration

    1.   An invoice declaration as referred to in Article 16(1)(b) may be made out:

    (a)

    by an approved exporter within the meaning of Article 22, or

    (b)

    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 invoice declaration may be made out if the products concerned can be considered as products originating in the Community, Egypt or in one of the other countries referred to in Article 4 and fulfil the other requirements of this Protocol.

    3.   The exporter making out an invoice 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 invoice 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 V, 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.   Invoice declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 22 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 invoice declaration which identifies him as if it had been signed in manuscript by him.

    6.   An invoice 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 years after the importation of the products to which it relates.

    Article 22

    Approved exporter

    1.   The customs authorities of the exporting country may authorise any exporter who makes frequent shipments of products under this Agreement to make out invoice 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 invoice 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, does not fulfil the conditions referred to in paragraph 2 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 four months from the date of issue in the exporting country, and must be submitted within the said 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 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. The said authorities may require a translation of a proof of origin and 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 non-assembled products within the meaning of General Rule 2(a) of the Harmonised System falling within Sections XVI and XVII or headings 7308 and 9406 of the Harmonised 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 the 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

    Supporting documents

    The documents referred to in Articles 17(3) and 21(3) used for the purpose of proving that products covered by a movement certificate EUR1 or an invoice declaration can be considered as products originating in the Community, Egypt or in one of the other countries referred to in Article 4 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 the Community or Egypt where these documents are used in accordance with domestic law;

    (c)

    documents proving the working or processing of materials in the Community or Egypt, issued or made out in the Community or Egypt, where these documents are used in accordance with domestic law;

    (d)

    movement certificates EUR1 or invoice declarations proving the originating status of materials used, issued or made out in the Community or Egypt in accordance with this Protocol, or in one of the other countries referred to in Article 4, in accordance with rules of origin which are identical to the rules in this Protocol.

    Article 28

    Preservation of proof of origin and supporting documents

    1.   The exporter applying for the issue of a movement certificate EUR1 shall keep for at least three years the documents referred to in Article 17(3).

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

    3.   The customs authorities of the exporting country issuing a movement certificate EUR1 shall keep for at least three years the application form referred to in Article 17(2).

    4.   The customs authorities of the importing country shall keep for at least three years the movement certificates EUR1 and the invoice declarations submitted to them.

    Article 29

    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 this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in this document.

    Article 30

    Amounts expressed in euro

    1.   Amounts in the national currency of the exporting country equivalent to the amounts expressed in euro shall be fixed by the exporting country and communicated to the importing countries through the European Commission.

    2.   When the amounts exceed the corresponding amounts fixed by the importing country, the latter shall accept them if the products are invoiced in the currency of the exporting country. When the products are invoiced in the currency of an EC Member State or another country referred to in Article 4, the importing country shall recognise the amount notified by the country concerned.

    3.   The amounts to be used in any given national currency shall be the equivalent in that national currency of the amounts expressed in euro as at the first working day in October 1999.

    4.   The amounts expressed in euro and their equivalents in the national currencies of EC Member States and Egypt shall be reviewed by the Association Committee at the request of the Community or Egypt. When carrying out this review, the Association Committee shall ensure that there will be no decrease in the amounts to be used in national currency and shall furthermore 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 VI

    ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

    Article 31

    Mutual assistance

    1.   The customs authorities of the EC Member States and of Egypt shall provide each other, through the European Commission, with specimen impressions of stamps used in their customs offices for the issue of movement certificates EUR1 and with the addresses of the customs authorities responsible for verifying those certificates and invoice declarations.

    2.   In order to ensure the proper application of this Protocol, the Community and Egypt shall assist each other, through the competent customs administrations, in checking the authenticity of the movement certificates EUR1 or the invoice declarations and the correctness of the information given in these documents.

    Article 32

    Verification of proofs of origin

    1.   Subsequent verifications of proofs of origin shall be carried out 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, the customs authorities of the importing country shall return the movement certificate EUR1 and the invoice, if it has been submitted, the invoice declaration, or a copy of these documents, to the customs authorities of the exporting country giving, where appropriate, the reasons for the enquiry. 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 the Community, Egypt or one of the other countries referred to in Article 4 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.

    Article 33

    Dispute settlement

    Where disputes arise in relation to the verification procedures of Article 32 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 Association Committee.

    In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall be under the legislation of the said country.

    Article 34

    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 35

    Free zones

    1.   The Community and Egypt shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

    2.   By means of an exemption to the provisions contained in paragraph 1, when products originating in the Community or Egypt are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new EUR1 certificate at the exporter's request, if the treatment or processing undergone is in conformity with the provisions of this Protocol.

    TITLE VII

    CEUTA AND MELILLA

    Article 36

    Application of the Protocol

    1.   The term ‘Community’ used in Article 2 does not cover Ceuta and Melilla.

    2.   Products originating in Egypt, 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 Community under Protocol 2 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities. Egypt shall grant to imports of products covered by the Agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the Community.

    3.   For the purpose of the application of paragraph 2 concerning products originating in Ceuta and Melilla, this Protocol shall apply, mutatis mutandis, subject to the special conditions set out in Article 37.

    Article 37

    Special conditions

    1.   Providing they have been transported directly in accordance with the provisions of Article 13, 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 6 of this Protocol; or that

    (ii)

    those products are originating in Egypt or the Community within the meaning of this Protocol, provided that they have been submitted to working or processing which goes beyond the insufficient working or processing referred to in Article 7(1).

    2.

    products originating in Egypt:

    (a)

    products wholly obtained in Egypt;

    (b)

    products obtained in Egypt, 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 6 of this Protocol; or that

    (ii)

    those products are originating in Ceuta and Melilla or the Community within the meaning of this Protocol, provided that they have been submitted to working or processing which goes beyond the insufficient working or processing referred to in Article 7(1).

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

    3.   The exporter or his authorised representative shall enter ‘Egypt’ and ‘Ceuta and Melilla’ in box 2 of movement certificates EUR1 or on invoice declarations. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in box 4 of movement certificates EUR1 or on invoice declarations.

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

    TITLE VIII

    FINAL PROVISIONS

    Article 38

    Amendments to the Protocol

    The Association Council may decide to amend the provisions of this Protocol.

    Article 39

    Implementation of the Protocol

    The Community and Egypt shall each take the steps necessary to implement this Protocol.

    Article 40

    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 of the Agreement are either in transit or are in the Community or in Egypt or, in temporary storage in bonded warehouses or in free zones, subject to the submission to the customs authorities of the importing State, within four months of that date, of a certificate EUR1 issued retrospectively by the competent authorities of the exporting State together with the documents showing that the goods have been transported directly.

    (1)  Cumulation as provided for in this Article does not apply to materials originating in Turkey which are mentioned in the list at Annex III to this Protocol.

    ANNEX I TO PROTOCOL 4

    Introductory notes to the list in Annex II

    Note 1

    The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 6 of the 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 Harmonised 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 columns 3 or 4. Where, in some cases, the entry in the first column is preceded by an ‘ex’, this signifies that the rules in columns 3 or 4 apply only to the part of that heading as 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 columns 3 or 4 apply to all products which, under the Harmonised 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 columns 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, as an alternative, 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

    5.

    		 The provisions of Article 6 of the 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 Community or in Egypt.

    Example:

    An engine of heading 8407, for which the rule states that the value of the non-originating materials which may be incorporated may not exceed 40 % of the ex-works price, is made from ‘other alloy steel roughly shaped by forging’ of heading ex 7224.

    If this forging has been forged in the Community from a non-originating 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 Community. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.

    6.

    		 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 non-originating 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.

    7.

    		 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 different description than that of the product as given in column 2 of the list may be used.

    8.

    		 When a rule in the list specifies that a product may be manufactured from more than one material, this means that any 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.

    9.

    		 Where a rule in the list specifies that a product must be manufactured from a particular material, the condition obviously does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule. (See also Note 6.2 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 products 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 made from non-woven materials, if the use of only non-originating yarn is allowed for this class of article, it is not possible to start from non-woven cloth — even if non-woven cloth 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.

    10.

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

    Note 4

    11.

    		 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 that have been carded, combed or otherwise processed but not spun.

    12.

    		 The term ‘natural fibres’ includes horsehair of heading 0503, silk of headings 5002 and 5003 as well as the wool fibres, fine or coarse animal hair of headings 5101 to 5105, the cotton fibres of headings 5201 to 5203 and the other vegetable fibres of headings 5301 to 5305.

    13.

    		 The terms ‘textile pulp’, ‘chemical materials’ and ‘paper-making materials’ are used in the list to describe the materials not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.

    14.

    		 The term ‘man-made 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

    15.

    		 Where for a given product in the list a 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, which, taken together, represent 10 % or less of the total weight of all the basic textile materials used. (See also Notes 5.3 and 5.4 below).

    16.

    		 However, the tolerance mentioned in Note 5.1 may only be applied 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,

    —

    paper-making 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 man-made filaments,

    —

    artificial man-made filaments,

    —

    synthetic man-made staple fibres of polypropylene,

    —

    synthetic man-made staple fibres of polyester,

    —

    synthetic man-made staple fibres of polyamide,

    —

    synthetic man-made staple fibres of polyacrylonitrile,

    —

    synthetic man-made staple fibres of polyimide,

    —

    synthetic man-made staple fibres of polytetrafluoroethylene,

    —

    synthetic man-made staple fibres of polyphenylene sulphide,

    —

    synthetic man-made staple fibres of polyvinyl chloride,

    —

    other synthetic man-made staple fibres,

    —

    artificial man-made staple fibres of viscose,

    —

    other artificial man-made 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, non-originating 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 % 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 that 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 their total weight does not exceed 10 % 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 being 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.

    Example:

    A carpet with tufts made from both artificial yarns and cotton yarns and with a jute backing is a mixed product because three basic textile materials are used. Thus, any non-originating materials that are at a later stage of manufacture than the rule allows may be used, provided their total weight does not exceed 10 % of the weight of the textile materials of the carpet. Thus, both the jute backing and/or the artificial yarns could be imported at that stage of manufacture, provided the weight conditions are met.

    17.

    		 In the case of products incorporating ‘yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped’ this tolerance is 20 % in respect of this yarn.

    18.

    		 In the case of products 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 an adhesive between two layers of plastic film’, this tolerance is 30 % in respect of this strip.

    Note 6

    19.

    		 In the case of those textile products which are marked in the list by a footnote referring to this note, textile materials, with the exception of linings and interlinings, which do not satisfy the rule set out in the list in column 3 for the made-up product concerned may be used provided that they are classified in a heading other than that of the product and that their value does not exceed 8 % of the ex-works price of the product.

    20.

    		 Without prejudice to Note 6.3, materials which are not classified within Chapters 50 to 63 may be used freely in the manufacture of textile products, whether or not they contain textiles.

    Example:

    If a rule in the list provides that for a particular textile item, such as trousers, yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners even though slide-fasteners normally contain textiles.

    21.

    		 Where a percentage rule applies, the value of materials which are not classified within Chapters 50 to 63 must be taken into account when calculating the value of the non-originating materials incorporated.

    Note 7

    22.

    		 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 (1);

    (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; decolorisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;

    (g)

    polymerisation;

    (h)

    alkylation;

    (i)

    isomerisation.

    23.

    		 For the purposes of headings 2710, 2711 and 2712, the ‘specific processes’ are the following:

    (a)

    vacuum distillation;

    (b)

    redistillation by a very thorough fractionation process (1);

    (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;

    (ij)

    isomerisation;

    (k)

    in respect of heavy oils falling within heading ex 2710 only, desulphurisation with hydrogen resulting in a reduction of at least 85 % of the sulphur content of the products processed (ASTM D 1266-59 T method);

    (l)

    in respect of products falling within heading 2710 only, deparaffining by a process other than filtering;

    (m)

    in respect of heavy oils falling within heading ex 2710 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250 oC 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;

    (n)

    in respect of fuel oils falling within heading ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 oC by the ASTM D 86 method;

    (o)

    in respect of heavy oils other than gas oils and fuel oils falling within heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.

    24.

    		 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, any combination of these operations or like operations do not confer origin.

    (1)  Cumulation as provided for in this Article does not apply to materials originating in Turkey which are mentioned in the list at Annex III to this Protocol.

    ANNEX II TO PROTOCOL 4

    List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status

    The products mentioned in the list may not all be covered by the Agreement.

    It is therefore necessary to consult the other parts of the Agreement

    HS heading

    Description of product

    Working or processing carried out on non–originating materials that confers originating status

    (1)

    (2)

    (3) or (4)

    Chapter 01

    Live animals

    All the animals of Chapter 1 used must be wholly obtained

     

    Chapter 02

    Meat and edible meat offal

    Manufacture in which all the materials of Chapters 1 and 2 used must be wholly obtained

     

    Chapter 03

    Fish and crustaceans, molluscs and other aquatic invertebrates

    Manufacture in which all the materials of Chapter 3 used must be wholly obtained

     

    ex Chapter 04

    Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included; except for:

    Manufacture in which all the materials of Chapter 4 used must be wholly obtained

     

    0403

    Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa

    Manufacture in which:

    –

    all the materials of Chapter 4 used must be wholly obtained,

    –

    any fruit juice (except those of pineapple, lime or grapefruit) of heading 2009 used must already be originating,

    –

    the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    ex Chapter 05

    Products of animal origin, not elsewhere specified or included; except for:

    Manufacture in which all the materials of Chapter 5 used must be wholly obtained

     

    ex 0502

    Prepared pigs', hogs' or boars' bristles and hair

    Cleaning, disinfecting, sorting and straightening of bristles and hair

     

    Chapter 06

    Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage

    Manufacture in which:

    –

    all the materials of Chapter 6 used must be wholly obtained,

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    Chapter 07

    Edible vegetables and certain roots and tubers

    Manufacture in which all the materials of Chapter 7 used must be wholly obtained

     

    Chapter 08

    Edible fruit and nuts; peel of citrus fruits or melons

    Manufacture in which:

    –

    all the fruit and nuts used must be wholly obtained,

    –

    the value of any materials of Chapter 17 used does not exceed 30 % of the value of the ex-works price of the product

     

    ex Chapter 09

    Coffee, tea, maté and spices; except for:

    Manufacture in which all the materials of Chapter 9 used must be wholly obtained

     

    0901

    Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion

    Manufacture from materials of any heading

     

    0902

    Tea, whether or not flavoured

    Manufacture from materials of any heading

     

    ex 0910

    Mixtures of spices

    Manufacture from materials of any heading

     

    Chapter 10

    Cereals

    Manufacture in which all the materials of Chapter 10 used must be wholly obtained

     

    ex Chapter 11

    Products of the milling industry; malt; starches; inulin; wheat gluten; except for:

    Manufacture in which all the cereals, edible vegetables, roots and tubers of heading 0714 or fruit used must be wholly obtained

     

    ex 1106

    Flour, meal and powder of the dried, shelled leguminous vegetables of heading 0713

    Drying and milling of leguminous vegetables of heading 0708

     

    Chapter 12

    Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder

    Manufacture in which all the materials of Chapter 12 used must be wholly obtained

     

    1301

    Lac; natural gums, resins, gum–resins and oleoresins (for example, balsams)

    Manufacture in which the value of any materials of heading 1301 used may not exceed 50 % of the ex-works price of the product

     

    1302

    Vegetable saps and extracts; pectic substances, pectinates and pectates; agar–agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:

     

     

     

    –

    Mucilages and thickeners, modified, derived from vegetable products

    Manufacture from non-modified mucilages and thickeners

     

     

    –

    Other

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    Chapter 14

    Vegetable plaiting materials; vegetable products not elsewhere specified or included

    Manufacture in which all the materials of Chapter 14 used must be wholly obtained

     

    ex Chapter 15

    Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animals or vegetable waxes; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    1501

    Pig fat (including lard) and poultry fat, other than that of heading 0209 or 1503:

     

     

     

    –

    Fats from bones or waste

    Manufacture from materials of any heading except those of headings 0203, 0206 or 0207 or bones of heading 0506

     

     

    –

    Other

    Manufacture from meat or edible offal of swine of heading 0203 or 0206 or of meat and edible offal of poultry of heading 0207

     

    1502

    Fats of bovine animals, sheep or goats, other than those of heading 1503

     

     

     

    –

    Fats from bones or waste

    Manufacture from materials of any heading except those of headings 0201, 0202, 0204 or 0206 or bones of heading 0506

     

     

    –

    Other

    Manufacture in which all the materials of Chapter 2 used must be wholly obtained

     

    1504

    Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified:

     

     

     

    –

    Solid fractions

    Manufacture from materials of any heading including other materials of heading 1504

     

     

    –

    Other

    Manufacture in which all the materials of Chapters 2 and 3 used must be wholly obtained

     

    ex 1505

    Refined lanolin

    Manufacture from crude wool grease of heading 1505

     

    1506

    Other animals fats and oils and their fractions, whether or not refined, but not chemically modified:

     

     

     

    –

    Solid fractions

    Manufacture from materials of any heading including other materials of heading 1506

     

     

    –

    Other

    Manufacture in which all the materials of Chapter 2 used must be wholly obtained

     

    1507 to 1515

    Vegetable oils and their fractions:

     

     

     

    –

    Soya, ground nut, palm, copra, palm kernel, babassu, tung and oiticica oil, myrtle wax and Japan wax, fractions of jojoba oil and oils for technical or industrial uses other than the manufacture of foodstuffs for human consumption

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

     

    –

    Solid fractions, except for that of jojoba oil

    Manufacture from other materials of headings 1507 to 1515

     

     

    –

    Other

    Manufacture in which all the vegetable materials used must be wholly obtained

     

    1516

    Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter–esterified, re–esterified or elaidinised, whether or not refined, but not further prepared

    Manufacture in which:

    –

    all the materials of Chapter 2 used must be wholly obtained,

    –

    all the vegetable materials used must be wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used

     

    1517

    Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 1516

    Manufacture in which:

    –

    all the materials of Chapters 2 and 4 used must be wholly obtained,

    –

    all the vegetable materials used must be wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used

     

    Chapter 16

    Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates

    Manufacture from animals of Chapter 1. All the materials of Chapter 3 used must be wholly obtained

     

    ex Chapter 17

    Sugars and sugar confectionery; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 1701

    Cane or beet sugar and chemically pure sucrose, in solid form, flavoured or coloured

    Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    1702

    Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:

     

     

     

    –

    Chemically pure maltose and fructose

    Manufacture from materials of any heading including other materials of heading 1702

     

     

    –

    Other sugars in solid form, flavoured or coloured

    Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

     

    –

    Other

    Manufacture in which all the materials used must already be originating

     

    ex 1703

    Molasses resulting from the extraction or refining of sugar, flavoured or coloured

    Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    1704

    Sugar confectionery (including white chocolate), not containing cocoa

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    Chapter 18

    Cocoa and cocoa preparations

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    1901

    Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:

     

     

     

    –

    Malt extract

    Manufacture from cereals of Chapter 10

     

     

    –

    Other

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    1902

    Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared:

     

     

     

    –

    Containing 20 % or less by weight of meat, meat offal, fish, crustaceans or molluscs

    Manufacture in which all the cereals and derivatives (except durum wheat and its derivatives) used must be wholly obtained

     

     

    –

    Containing more than 20 % by weight of meat, meat offal, fish, crustaceans or molluscs

    Manufacture in which:

    –

    all cereals and derivatives (except durum wheat and its derivatives) used must be wholly obtained,

    –

    all the materials of Chapters 2 and 3 used must be wholly obtained

     

    1903

    Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms

    Manufacture from materials of any heading except potato starch of heading 1108

     

    1904

    Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included

    Manufacture:

    –

    from materials not classified within heading 1806,

    –

    in which all the cereals and flour (except durum wheat and its derivates) used must be wholly obtained,

    –

    in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    1905

    Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

    Manufacture from materials of any heading except those of Chapter 11

     

    ex Chapter 20

    Preparations of vegetables, fruit, nuts or other parts of plants; except for:

    Manufacture in which all the fruit, nuts or vegetables used must be wholly obtained

     

    ex 2001

    Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, prepared or preserved by vinegar or acetic acid

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 2004 and

    ex 2005

    Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    2006

    Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised)

    Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    2007

    Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, being cooked preparations, whether or not containing added sugar or other sweetening matter

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    ex 2008

    –

    Nuts, not containing added sugar or spirit

    Manufacture in which the value of the originating nuts and oil seeds of headings 0801, 0802 and 1202 to 1207 used exceeds 60 % of the ex-works price of the product

     

     

    –

    Peanut butter; mixtures based on cereals; palm hearts; maize (corn)

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

     

    –

    Other except for fruit and nuts cooked otherwise than by steaming or boiling in water, not containing added sugar, frozen

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    2009

    Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    ex Chapter 21

    Miscellaneous edible preparations; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    2101

    Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    all the chicory used must be wholly obtained

     

    2103

    Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:

     

     

     

    –

    Sauces and preparations therefor; mixed condiments and mixed seasonings

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, mustard flour or meal or prepared mustard may be used

     

     

    –

    Mustard flour and meal and prepared mustard

    Manufacture from materials of any heading

     

    ex 2104

    Soups and broths and preparations therefor

    Manufacture from materials of any heading except prepared or preserved vegetables of headings 2002 to 2005

     

    2106

    Food preparations not elsewhere specified or included

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    ex Chapter 22

    Beverages, spirits and vinegar; except for:

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    all the grapes or any material derived from grapes used must be wholly obtained

     

    2202

    Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product,

    –

    any fruit juice used (except for pineapple, lime and grapefruit juices) must already be originating

     

    2208

    Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages

    Manufacture:

    –

    from materials not classified within headings 2207 or 2208,

    –

    in which all the grapes or any material derived from grapes used must be wholly obtained or if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume

     

    ex Chapter 23

    Residues and waste from the food industries; prepared animal fodder; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 2301

    Whale meal; flours, meals and pellets of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption

    Manufacture in which all the materials of Chapters 2 and 3 used must be wholly obtained

     

    ex 2303

    Residues from the manufacture of starch from maize (excluding concentrated steeping liquors), of a protein content, calculated on the dry product, exceeding 40 % by weight

    Manufacture in which all the maize used must be wholly obtained

     

    ex 2306

    Oil cake and other solid residues resulting from the extraction of olive oil, containing more than 3 % of olive oil

    Manufacture in which all the olives used must be wholly obtained

     

    2309

    Preparations of a kind used in animal feeding

    Manufacture in which:

    –

    all the cereals, sugar or molasses, meat or milk used must already be originating,

    –

    all the materials of Chapter 3 used must be wholly obtained

     

    ex Chapter 24

    Tobacco and manufactured tobacco substitutes; except for:

    Manufacture in which all the materials of Chapter 24 used must be wholly obtained

     

    2402

    Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes

    Manufacture in which at least 70 % by weight of the unmanufactured tobacco or tobacco refuse of heading 2401 used must already be originating

     

    ex 2403

    Smoking tobacco

    Manufacture in which at least 70 % by weight of the unmanufactured tobacco or tobacco refuse of heading 2401 used must already be originating

     

    ex Chapter 25

    Salt; sulphur; earths and stone; plastering materials, lime and cement; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 2504

    Natural crystalline graphite, with enriched carbon content, purified and ground

    Enriching of the carbon content, purifying and grinding of crude crystalline graphite

     

    ex 2515

    Marble, merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape, of a thickness not exceeding 25 cm

    Cutting, by sawing or otherwise, of marble (even if already sawn) of a thickness exceeding 25 cm

     

    ex 2516

    Granite, porphyry, basalt, sandstone and other monumental and building stone, merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape, of a thickness not exceeding 25 cm

    Cutting, by sawing or otherwise, of stone (even if already sawn) of a thickness exceeding 25 cm

     

    ex 2518

    Calcined dolomite

    Calcination of dolomite not calcined

     

    ex 2519

    Crushed natural magnesium carbonate (magnesite), in hermetically–sealed containers, and magnesium oxide, whether or not pure, other than fused magnesia or dead–burned (sintered) magnesia

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, natural magnesium carbonate (magnesite) may be used

     

    ex 2520

    Plasters specially prepared for dentistry

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex 2524

    Natural asbestos fibres

    Manufacture from asbestos concentrate

     

    ex 2525

    Mica powder

    Grinding of mica or mica waste

     

    ex 2530

    Earth colours, calcined or powdered

    Calcination or grinding of earth colours

     

    Chapter 26

    Ores, slag and ash

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 27

    Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 2707

    Oils in which the weight of the aromatic constituents exceeds that of the non–aromatic constituents, being oils similar to mineral oils obtained by distillation of high temperature coal tar, of which more than 65 % by volume distils at a temperature of up to 250 oC (including mixtures of petroleum spirit and benzole), for use as power or heating fuels

    Operations of refining and/or one or more specific process(es) (1)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    ex 2709

    Crude oils obtained from bituminous minerals

    Destructive distillation of bituminous materials

     

    2710

    Petroleum oils and oils obtained from bituminous materials, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous materials, these oils being the basic constituents of the preparations

    Operations of refining and/or one or more specific process(es) (1)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    2711

    Petroleum gases and other gaseous hydrocarbons

    Operations of refining and/or one or more specific process(es) (1)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    2712

    Petroleum jelly; paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes and similar products obtained by synthesis or by other processes, whether or not coloured

    Operations of refining and/or one or more specific process(es) (1)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    2713

    Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous materials

    Operations of refining and/or one or more specific process(es) (1)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    2714

    Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphaltites and asphaltic rocks

    Operations of refining and/or one or more specific process(es) (1)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    2715

    Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cut-backs)

    Operations of refining and/or one or more specific process(es) (1)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    ex Chapter 28

    Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex 2805

    ‘Mischmetall’

    Manufacture by electrolytic or thermal treatment in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex 2811

    Sulphur trioxide

    Manufacture from sulphur dioxide

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex 2833

    Aluminium sulphate

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex 2840

    Sodium perborate

    Manufacture from disodium tetraborate pentahydrate

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 29

    Organic chemicals; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex 2901

    Acyclic hydrocarbons for use as power or heating fuels

    Operations of refining and/or one or more specific process(es) (1)

    or

     

     

     

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    ex 2902

    Cyclanes and cyclenes (other than azulenes), benzene, toluene, xylenes, for use as power or heating fuels

    Operations of refining and/or one or more specific process(es) (1)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used, provided their value does not exceed 50 % of the ex-works price of the product

     

    ex 2905

    Metal alcoholates of alcohols of this heading and of ethanol

    Manufacture from materials of any heading, including other materials of heading 2905. However, metal alcoholates of this heading may be used, provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    2915

    Saturated acyclic monocarboxylic acids and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives

    Manufacture from materials of any heading. However, the value of all the materials of headings 2915 and 2916 used may not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex 2932

    –

    Internal ethers and their halogenated, sulphonated, nitrated or nitrosated derivatives

    –

    Cyclic acetals and internal hemiacetals and their halogenated, sulphonated, nitrated or nitrosated derivatives

    Manufacture from materials of any heading. However, the value of all the materials of heading 2909 used may not exceed 20 % of the ex-works price of the product

    Manufacture from materials of any heading

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    2933

    Heterocyclic compounds with nitrogen hetero-atom(s) only

    Manufacture from materials of any heading. However, the value of all the materials of headings 2932 and 2933 used may not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    2934

    Nucleic acids and their salts; other heterocyclic compounds

    Manufacture from materials of any heading. However, the value of all the materials of headings 2932, 2933 and 2934 used may not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 30

    Pharmaceutical products; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

     

    3002

    Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products:

     

     

     

    –

    Products consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses or unmixed products for these uses, put up in measured doses or in forms or packings for retail sale

    Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

     

     

    –

    Other:

     

     

     

    – –

    Human blood

    Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

     

     

    – –

    Animal blood prepared for therapeutic or prophylactic uses

    Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

     

     

    – –

    Blood fractions other than antisera, haemoglobin, blood globulins and serum globulins

    Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

     

     

    – –

    Haemoglobin, blood globulins and serum globulins

    Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

     

     

    – –

    Other

    Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

     

    3003 and 3004

    Medicaments (excluding goods of heading 3002, 3005 or 3006):

    –

    Obtained from amikacin of heading 2941

    –

    Other

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials of heading 3003 or 3004 may be used provided their value, taken together, does not exceed 20 % of the ex works price of the product

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product. However, materials of heading 3003 or 3004 may be used provided their value, taken together, does not exceed 20 % of the ex-works price of the product,

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex Chapter 31

    Fertilisers; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex 3105

    Mineral or chemical fertilisers containing two or three of the fertilising elements nitrogen, phosphorous and potassium; other fertilisers; goods of this Chapter, in tablets or similar forms or in packages of a gross weight not exceeding 10 kg, except for:

    –

    sodium nitrate

    –

    calcium cyanamide

    –

    potassium sulphate

    –

    magnesium potassium sulphate

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product,

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 32

    Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex 3201

    Tannins and their salts, ethers, esters and other derivatives

    Manufacture from tanning extracts of vegetable origin

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    3205

    Colour lakes; preparations as specified in Note 3 to this Chapter based on colour lakes (2)

    Manufacture from materials of any heading, except headings 3203, 3204 and 3205. However, materials from heading 3205 may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 33

    Essential oils and resinoids; perfumery, cosmetic or toilet preparations; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    3301

    Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils

    Manufacture from materials of any heading, including materials of a different ‘group’ (3) in this heading. However, materials of the same group may be used, provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 34

    Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex 3403

    Lubricating preparations containing petroleum oils or oils obtained from bituminous minerals, provided they represent less than 70 % by weight

    Operations of refining and/or one or more specific process(es) (1)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    3404

    Artificial waxes and prepared waxes:

    –

    With a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

     

    –

    Other

    Manufacture from materials of any heading, except:

    –

    hydrogenated oils having the character of waxes of heading 1516,

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

     

    –

    fatty acids not chemically defined or industrial fatty alcohols having the character of waxes of heading 3823,

     

     

     

    –

    materials of heading 3404

     

     

     

    However, these materials may be used provided their value does not exceed 20 % of the ex-works price of the product

     

    ex Chapter 35

    Albuminoidal substances; modified starches; glues; enzymes; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    3505

    Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches:

     

     

     

    –

    Starch ethers and esters

    Manufacture from materials of any heading, including other materials of heading 3505

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    –

    Other

    Manufacture from materials of any heading, except those of heading 1108

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex 3507

    Prepared enzymes not elsewhere specified or included

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    Chapter 36

    Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 37

    Photographic or cinematographic goods; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    3701

    Photographic plates and film in the flat, sensitised, unexposed, of any material other than paper, paperboard or textiles; instant print film in the flat, sensitised, unexposed, whether or not in packs:

     

     

     

    –

    Instant print film for colour photography, in packs

    Manufacture in which all the materials used are classified within a heading other than headings 3701 or 3702. However, materials from heading 3702 may be used provided their value does not exceed 30 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    –

    Other

    Manufacture in which all the materials used are classified within a heading other than heading 3701 or 3702. However, materials from headings 3701 and 3702 may be used provided their value taken together, does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    3702

    Photographic film in rolls, sensitised, unexposed, of any material other than paper, paperboard or textiles; instant print film in rolls, sensitised, unexposed

    Manufacture in which all the materials used are classified within a heading other than headings 3701 or 3702

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    3704

    Photographic plates, film paper, paperboard and textiles, exposed but not developed

    Manufacture in which all the materials used are classified within a heading other than headings 3701 to 3704

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 38

    Miscellaneous chemical products; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex 3801

    –

    Colloidal graphite in suspension in oil and semi-colloidal graphite; carbonaceous pastes for electrodes

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

     

    –

    Graphite in paste form, being a mixture of more than 30 % by weight of graphite with mineral oils

    Manufacture in which the value of all the materials of heading 3403 used does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex 3803

    Refined tall oil

    Refining of crude tall oil

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex 3805

    Spirits of sulphate turpentine, purified

    Purification by distillation or refining of raw spirits of sulphate turpentine

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex 3806

    Ester gums

    Manufacture from resin acids

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex 3807

    Wood pitch (wood tar pitch)

    Distillation of wood tar

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    3808

    Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulphur-treated bands, wicks and candles, and fly-papers)

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

     

    3809

    Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

     

    3810

    Pickling preparations for metal surfaces; fluxes and other auxiliary preparations for soldering, brazing or welding; soldering, brazing or welding powders and pastes consisting of metal and other materials; preparations of a kind used as cores or coatings for welding electrodes or rods

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

     

    3811

    Anti–knock preparations, oxidation inhibitors, gum inhibitors, viscosity improvers, anti-corrosive preparations and other prepared additives, for mineral oils (including gasoline) or for other liquids used for the same purposes as mineral oils:

     

     

     

    –

    Prepared additives for lubricating oil, containing petroleum oils or oils obtained from bituminous minerals

    Manufacture in which the value of all the materials of heading 3811 used does not exceed 50 % of the ex-works price of the product

     

     

    –

    Other

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3812

    Prepared rubber accelerators; compound plasticisers for rubber or plastics, not elsewhere specified or included; anti-oxidising preparations and other compound stabilisers for rubber or plastics

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3813

    Preparations and charges for fire-extinguishers; charged fire-extinguishing grenades

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3814

    Organic composite solvents and thinners, not elsewhere specified or included; prepared paint or vanish removers

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3818

    Chemical elements doped for use in electronics, in the form of discs, wafers or similar forms; chemical compounds doped for use in electronics

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3819

    Hydraulic brake fluids and other prepared liquids for hydraulic transmission, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3820

    Anti-freezing preparations and prepared de-icing fluids

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3822

    Diagnostic or laboratory reagents on a backing and prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading 3002 or 3006

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3823

    Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols.

     

     

     

    –

    Industrial monocarboxylic fatty acids, acid oils from refining

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

     

    –

    Industrial fatty alcohols

    Manufacture from materials of any heading including other materials of heading 3823

     

    3824

    Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included:

     

     

     

    –

    The following of this heading:

    Prepared binders for foundry moulds or cores based on natural resinous products

    Naphthenic acids, their water insoluble salts and their esters

    Sorbitol other than that of heading 2905

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    Petroleum sulphonates, excluding petroleum sulphonates of alkali metals, of ammonium or of ethanolamines; thiophenated sulphonic acids of oils obtained from bituminous minerals, and their salts

    Ion exchangers

    Getters for vacuum tubes

     

     

     

    Alkaline iron oxide for the purification of gas

    Ammoniacal gas liquors and spent oxide produced in coal gas purification

    Sulphonaphthenic acids, their water insoluble salts and their esters

    Fusel oil and Dippel's oil

    Mixtures of salts having different anions

    Copying pastes with a basis of gelatine, whether or not on a paper or textile backing

     

     

     

    –

    Other

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3901 to 3915

    Plastics in primary forms, waste, parings and scrap, of plastic; except for headings ex 3907 and 3912 for which the rules are set out below:

     

     

     

    –

    Addition homopolymerisation products in which a single monomer contributes more than 99 % by weight to the total polymer content

    Manufacture in which:

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product,

    –

    the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (4)

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

     

    –

    Other

    Manufacture in which the value of the materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (4)

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    ex 3907

    –

    Copolymer, made from polycarbonate and acrylonitrile-butadiene-styrene copolymer (ABS)

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product (4)

     

     

    –

    Polyester

    Manufacture in which the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product and/or manufacture from polycarbonate of tetrabromo–(bisphenol A)

     

    3912

    Cellulose and its chemical derivatives, not elsewhere specified or included, in primary forms

    Manufacture in which the value of any materials classified in the same heading as the product does not exceed 20 % of the ex-works price of the product

     

    3916 to 3921

    Semi–manufactures and articles of plastics; except for headings ex 3916, ex 3917, ex 3920 and ex 3921, for which the rules are set out below:

     

     

     

    –

    Flat products, further worked than only surface–worked or cut into forms other than rectangular (including square); other products, further worked than only surface-worked

    –

    Other:

    Manufacture in which the value of any materials of Chapter 39 used does not exceed 50 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

     

    – –

    Addition homopolymerisation products in which a single monomer contributes more than 99 % by weight to the total polymer content

    Manufacture in which:

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product;

    –

    the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (4)

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

     

    – –

    Other

    Manufacture in which the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (4)

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    ex 3916 and ex 3917

    Profile shapes and tubes

    Manufacture in which:

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product;

    –

    the value of any materials classified within the same heading as the product does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    ex 3920

    –

    Ionomer sheet or film

    Manufacture from a thermoplastic partial salt which is a copolymer of ethylene and metacrylic acid partly neutralised with metal ions, mainly zinc and sodium

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

     

    –

    Sheets of regenerated cellulose, polyamides or polyethylene

    Manufacture in which the value of any materials classified in the same heading as the product does not exceed 20 % of the ex-works price of the product

     

    ex 3921

    Foils of plastic, metallised

    Manufacture from highly transparent polyester foils with a thickness of less than 23 micron (5)

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    3922 to 3926

    Articles of plastics

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex Chapter 40

    Rubber and articles thereof; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 4001

    Laminated slabs of crepe rubber for shoes

    Lamination of sheets of natural rubber

     

    4005

    Compounded rubber, unvulcanised, in primary forms or in plates, sheets or strip

    Manufacture in which the value of all the materials used, except natural rubber, does not exceed 50 % of the ex-works price of the product

     

    4012

    Retreaded or used pneumatic tyres of rubber; solid or cushion tyres, interchangeable tyre treads and tyre flaps, of rubber:

     

     

     

    –

    Retreaded pneumatic, solid or cushion tyres, of rubber

    Retreading of used tyres

     

     

    –

    Other

    Manufacture from materials of any heading, except those of headings 4011 or 4012

     

    ex 4017

    Articles of hard rubber

    Manufacture from hard rubber

     

    ex Chapter 41

    Raw hides and skins (other than fur skins) and leather; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 4102

    Raw skins of sheep or lambs, without wool on

    Removal of wool from sheep or lamb skins, with wool on

     

    4104 to 4107

    Leather, without hair or wool, other than leather of headings 4108 or 4109

    Retanning of pre-tanned leather

    or

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    4109

    Patent leather and patent laminated leather; metallised leather

    Manufacture from leather of headings 4104 to 4107 provided its value does not exceed 50 % of the ex-works price of the product

     

    Chapter 42

    Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut)

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 43

    Fur skins and artificial fur; manufactures thereof; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 4302

    Tanned or dressed fur skins, assembled:

     

     

     

    –

    Plates, crosses and similar forms

    Bleaching or dyeing, in addition to cutting and assembly of non-assembled tanned or dressed fur skins

     

     

    –

    Other

    Manufacture from non-assembled, tanned or dressed fur skins

     

    4303

    Articles of apparel, clothing accessories and other articles of fur skin

    Manufacture from non-assembled tanned or dressed fur skins of heading 4302

     

    ex Chapter 44

    Wood and articles of wood; wood charcoal; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 4403

    Wood roughly squared

    Manufacture from wood in the rough, whether or not stripped of its bark or merely roughed down

     

    ex 4407

    Wood sawn or chipped lengthwise, sliced or peeled, of a thickness exceeding 6 mm, planed, sanded or finger–jointed

    Planing, sanding or finger-jointing

     

    ex 4408

    Veneer sheets and sheets for plywood, of a thickness not exceeding 6 mm, spliced, and other wood sawn lengthwise, sliced or peeled of a thickness not exceeding 6 mm, planed, sanded or finger-jointed

    Splicing, planing, sanding or finger-jointing

     

    ex 4409

    Wood continuously shaped along any of its edges or faces, whether or not planed, sanded or finger-jointed:

    –

    Sanded or finger-jointed

    Sanding or finger-jointing

     

     

    –

    Beadings and mouldings

    Beading or moulding

     

    ex 4410 to

    ex 4413

    Beadings and mouldings, including moulded skirting and other moulded boards

    Beading or moulding

     

    ex 4415

    Packing cases, boxes, crates, drums and similar packings, of wood

    Manufacture from boards not cut to size

     

    ex 4416

    Casks, barrels, vats, tubs and other coopers' products and parts thereof, of wood

    Manufacture from riven staves, not further worked than sawn on the two principal surfaces

     

    ex 4418

    –

    Builders' joinery and carpentry of wood

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, cellular wood panels, shingles and shakes may be used

     

     

    –

    Beadings and mouldings

    Beading or moulding

     

    ex 4421

    Match splints; wooden pegs or pins for footwear

    Manufacture from wood of any heading except drawn wood of heading 4409

     

    ex Chapter 45

    Cork and articles of cork; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    4503

    Articles of natural cork

    Manufacture from cork of heading 4501

     

    Chapter 46

    Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    Chapter 47

    Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 48

    Paper and paperboard; articles of paper pulp, of paper or of paperboard; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 4811

    Paper and paperboard, ruled, lined or squared only

    Manufacture from paper-making materials of Chapter 47

     

    4816

    Carbon paper, self–copy paper and other copying or transfer papers (other than those of heading 4809), duplicator stencils and offset plates, of paper, whether or not put up in boxes

    Manufacture from paper-making materials of Chapter 47

     

    4817

    Envelopes, letter cards, plain postcards and correspondence cards, of paper or paperboard; boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing an assortment of paper stationery

    Manufacturing in which:

    –

    all the materials used are classified within a heading other than that of the product;

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex 4818

    Toilet paper

    Manufacture from paper-making materials of Chapter 47

     

    ex 4819

    Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibres

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product;

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex 4820

    Letter pads

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex 4823

    Other paper, paperboard, cellulose wadding and webs of cellulose fibres, cut to size or shape

    Manufacture from paper-making materials of Chapter 47

     

    ex Chapter 49

    Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    4909

    Printed or illustrated postcards; printed cards bearing personal greetings, messages or announcements, whether or not illustrated, with or without envelopes or trimmings

    Manufacture from materials not classified within headings 4909 or 4911

     

    4910

    Calendars of any kind, printed, including calendar blocks:

     

     

     

    –

    Calendars of the ‘perpetual’ type or with replaceable blocks mounted on bases other than paper or paperboard

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

     

    –

    Other

    Manufacture from materials not classified in heading 4909 or 4911

     

    ex Chapter 50

    Silk; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 5003

    Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), carded or combed

    Carding or combing of silk waste

     

    5004 to ex 5006

    Silk yarn and yarn spun from silk waste

    Manufacture from (6):

    –

    raw silk or silk waste carded or combed or otherwise prepared for spinning,

    –

    other natural fibres not carded or combed or otherwise prepared for spinning,

    –

    chemical materials or textile pulp, or

    –

    paper-making materials

     

    5007

    Woven fabrics of silk or of silk waste:

     

     

     

    –

    Incorporating rubber thread

    Manufacture from single yarn (6)

     

     

    –

    Other

    Manufacture from (6):

     

     

     

    –

    coir yarn,

    –

    natural fibres,

    –

    man–made staple fibres not carded or combed or otherwise prepared for spinning,

    –

    chemical materials or textile pulp, or

    –

    paper

    or

     

     

     

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

     

    ex Chapter 51

    Wool, fine or coarse animal hair; horsehair yarn and woven fabric; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    5106 to 5110

    Yarn of wool, of fine or coarse animal hair or of horsehair

    Manufacture from (6):

    –

    raw silk or silk waste carded or combed or otherwise prepared for spinning,

    –

    natural fibres not carded or combed or otherwise prepared for spinning,

    –

    chemical materials or textile pulp, or

    –

    paper–making materials

     

    5111 to 5113

    Woven fabrics of wool, of fine or coarse animal hair or of horsehair:

     

     

     

    –

    Incorporating rubber thread

    Manufacture from single yarn (6)

     

     

    –

    Other

    Manufacture from (6):

     

     

     

    –

    coir yarn,

    –

    natural fibres,

    –

    man–made staple fibres not carded or combed or otherwise prepared for spinning,

    –

    chemical materials or textile pulp, or

    –

    paper

     

     

     

    or

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

     

    ex Chapter 52

    Cotton; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    5204 to 5207

    Yarn and thread of cotton

    Manufacture from (6):

    –

    raw silk or silk waste carded or combed or otherwise prepared for spinning,

    –

    natural fibres not carded or combed or otherwise prepared for spinning,

    –

    chemical materials or textile pulp, or

    –

    paper–making materials

     

    5208 to 5212

    Woven fabrics of cotton:

     

     

     

    –

    Incorporating rubber thread

    Manufacture from single yarn (6)

     

     

    –

    Other

    Manufacture from (6):

     

     

     

    –

    coir yarn,

    –

    natural fibres,

    –

    man-made staple fibres not carded or combed or otherwise prepared for spinning,

    –

    chemical materials or textile pulp, or

    –

    paper

     

     

     

    or

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

     

    ex Chapter 53

    Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    5306 to 5308

    Yarn of other vegetable textile fibres; paper yarn

    Manufacture from (6):

    –

    raw silk or silk waste carded or combed or otherwise prepared for spinning,

    –

    natural fibres not carded or combed or otherwise prepared for spinning,

    –

    chemical materials or textile pulp, or

    –

    paper-making materials

     

    5309 to 5311

    Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn:

     

     

     

    –

    Incorporating rubber thread

    Manufacture from single yarn (6)

     

     

    –

    Other

    Manufacture from (6):

    –

    coir yarn,

    –

    natural fibres,

    –

    man–made staple fibres not carded or combed or otherwise prepared for spinning,

    –

    chemical materials or textile pulp, or

    –

    paper

     

     

     

    or

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

     

    5401 to 5406

    Yarn, monofilament and thread of man–made filaments

    Manufacture from (6):

    –

    raw silk or silk waste carded or combed or otherwise prepared for spinning,

    –

    natural fibres not carded or combed or otherwise prepared for spinning,

    –

    chemical materials or textile pulp, or

    –

    paper-making materials

     

    5407 and 5408

    Woven fabrics of man–made filament yarn:

     

     

     

    –

    Incorporating rubber thread

    Manufacture from single yarn (6)

     

     

    –

    Other

    Manufacture from (6):

     

     

     

    –

    coir yarn,

    –

    natural fibres,

    –

    man–made staple fibres not carded or combed or otherwise prepared for spinning,

    –

    chemical materials or textile pulp, or

    –

    paper

     

     

     

    or

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

     

    5501 to 5507

    Man–made staple fibres

    Manufacture from chemical materials or textile pulp

     

    5508 to 5511

    Yarn and sewing thread of man–made staple fibres

    Manufacture from (6):

    –

    raw silk or silk waste carded or combed or otherwise prepared for spinning,

    –

    natural fibres not carded or combed or otherwise prepared for spinning,

    –

    chemical materials or textile pulp, or

    –

    paper–making materials

     

    5512 to 5516

    Woven fabrics of man-made staple fibres:

     

     

     

    –

    Incorporating rubber thread

    Manufacture from single yarn (6)

     

     

    –

    Other

    Manufacture from (6):

    –

    coir yarn,

    –

    natural fibres,

    –

    man–made staple fibres not carded or combed or otherwise prepared for spinning,

    –

    chemical materials or textile pulp, or

    –

    paper

     

     

     

    or

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

     

    ex Chapter 56

    Wadding, felt and non-wovens; special yarns; twine, cordage, ropes and cables and articles thereof; except for:

    Manufacture from (6):

    –

    coir yarn,

    –

    natural fibres,

    –

    chemical materials or textile pulp, or

    –

    paper-making materials

     

    5602

    Felt, whether or not impregnated, coated, covered or laminated:

     

     

     

    –

    Needleloom felt

    Manufacture from (6):

    –

    natural fibres,

    –

    chemical materials or textile pulp

     

     

     

    However:

    –

    polypropylene filament of heading 5402,

    –

    polypropylene fibres of heading 5503 or 5506 or

    –

    polypropylene filament tow of heading 5501, of which the denomination in all cases of a single filament or fibre is less than 9 decitex may be used provided their value does not exceed 40 % of the ex-works price of the product

     

     

    –

    Other

    Manufacture from (6):

    –

    natural fibres,

    –

    man-made staple fibres made from casein, or

    –

    chemical materials or textile pulp

     

    5604

    Rubber thread and cord, textile covered; textile yarn, and strip and the like of heading 5404 or 5405, impregnated, coated, covered or sheathed with rubber or plastics:

     

     

     

    –

    Rubber thread and cord, textile covered

    Manufacture from rubber thread or cord, not textile covered

     

     

    –

    Other

    Manufacture from (6):

    –

    natural fibres not carded or combed or otherwise processed for spinning,

    –

    chemical materials or textile pulp, or

    –

    paper-making materials

     

    5605

    Metallised yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the form of thread, strip or powder or covered with metal

    Manufacture from (6):

    –

    natural fibres,

    –

    man-made staple fibres not carded or combed or otherwise processed for spinning,

    –

    chemical materials or textile pulp, or

    –

    paper-making materials

     

    5606

    Gimped yarn, and strip and the like of heading 5404 or 5405, gimped (other than those of heading 5605 and gimped horsehair yarn); chenille yarn (including flock chenille yarn; loop wale–yarn

    Manufacture from (6):

    –

    natural fibres,

    –

    man-made staple fibres not carded or combed or otherwise processed for spinning,

    –

    chemical materials or textile pulp, or

    –

    paper-making materials

     

    Chapter 57

    Carpets and other textile floor coverings:

     

     

     

    –

    Of needleloom felt

    Manufacture from (6)

    –

    natural fibres, or

    –

    chemical materials or textile pulp

    However:

     

     

     

    –

    polypropylene filament of heading 5402,

    –

    polypropylene fibres of heading 5503 or 5506, or

    –

    polypropylene filament tow of heading 5501, of which the denomination in all cases of a single filament or fibre is less than 9 decitex may be used provided their value does not exceed 40 % of the ex-works price of the product

     

     

    –

    Of other felt

    Manufacture from (6):

    –

    natural fibres not carded or combed or otherwise processed for spinning, or

    –

    chemical materials or textile pulp

     

     

    –

    Other

    Manufacture from (6):

    –

    coir yarn,

    –

    synthetic or artificial filament yarn,

    –

    natural fibres, or

    –

    man-made staple fibres not carded or combed or otherwise processed for spinning

     

    ex Chapter 58

    Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery; except for:

     

     

     

    –

    Combined with rubber thread

    Manufacture from single yarn (6)

     

     

    –

    Other

    Manufacture from (6)

     

     

     

    –

    natural fibres,

    –

    man-made staple fibres not carded or combed or otherwise processed for spinning, or

    –

    chemical materials or textile pulp,

     

     

     

    or

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

     

    5805

    Hand-woven tapestries of the types gobelins, flanders, aubusson, beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made up

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    5810

    Embroidery in the piece, in strips or in motifs

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    5901

    Textile fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books or the like; tracing cloth; prepared painting canvas; buckram and similar stiffened textile fabrics of a kind used for hat foundations

    Manufacture from yarn

     

    5902

    Tyre cord fabric of high tenacity yarn of nylon or other polyamides, polyesters or viscose rayon:

     

     

     

    –

    Containing not more than 90 % by weight of textile materials

    Manufacture from yarn

     

     

    –

    Other

    Manufacture from chemical materials or textile pulp

     

    5903

    Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902

    Manufacture from yarn

    or

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, razing, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

     

    5904

    Linoleum, whether or note cut to shape; floor coverings consisting of a coating or covering applied on a textile backing, whether or not cut to shape

    Manufacture from yarn (6)

     

    5905

    Textile wall coverings:

     

     

     

    –

    Impregnated, coated, covered or laminated with rubber, plastics or other materials

    Manufacture from yarn

     

     

    –

    Other

    Manufacture from (6):

     

     

     

    –

    coir yarn,

    –

    natural fibres,

    –

    man-made staple fibres not carded or combed or otherwise processed for spinning, or

    –

    chemical materials or textile pulp,

    or

     

     

     

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

     

    5906

    Rubberised textile fabrics, other than those of heading 5902:

     

     

     

    –

    Knitted or crocheted fabrics

    Manufacture from (6):

    –

    natural fibres,

    –

    man-made staple fibres not carded or combed or otherwise processed for spinning, or

    –

    chemical materials or textile pulp

     

     

    –

    Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials

    Manufacture from chemical materials

     

     

    –

    Other

    Manufacture from yarn

     

    5907

    Textile fabrics otherwise impregnated, coated or covered; painted canvas being theatrical scenery, studio backcloths or the like

    Manufacture from yarn

    or

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, razing, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

     

    5908

    Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric therefor, whether or not impregnated:

     

     

     

    –

    Incandescent gas mantles, impregnated

    Manufacture from tubular knitted gas mantle fabric

     

     

    –

    Other

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    5909 to 5911

    Textile articles of a kind suitable for industrial use:

    –

    Polishing discs or rings other than of felt of heading 5911

    –

    Woven fabrics, of a kind commonly used in papermaking or other technical uses, felted or not, whether or not impregnated or coated, tubular or endless with single or multiple warp and/or weft, or flat woven with multiple warp and/or weft of heading 5911

    Manufacture from yarn or waste fabrics or rags of heading 6310

    Manufacture from (6):

    –

    coir yarn,

    –

    the following materials:

    –

    yarn of polytetrafluoroethylene (7),

    –

    yarn, multiple, of polyamide, coated impregnated or covered with a phenolic resin,

    –

    yarn of synthetic textile fibres of aromatic polyamides, obtained by polycondensation of m-phenylenediamine and isophthalic acid,

    –

    monofil of polytetrafluoroethylene (7)

    –

    yarn of synthetic textile fibres of poly-p-phenylene terephthalamide,

    –

    glass fibre yarn, coated with phenol resin and gimped with acrylic yarn (7)

    –

    copolyester monofilaments of a polyester and a resin of terephthalic acid and 1,4 - cyclohexanediethanol and isophthalic acid,

    –

    natural fibres,

    –

    man-made staple fibres not carded or combed or otherwise processed for spinning, or

    –

    chemical materials or textile pulp

     

     

    –

    Other

    Manufacture from (6):

    –

    coir yarn,

    –

    natural fibres,

    –

    man-made staple fibres not carded or combed or otherwise processed for spinning, or

    –

    chemical materials or textile pulp

     

    Chapter 60

    Knitted or crocheted fabrics

    Manufacture from (6):

    –

    natural fibres,

    –

    man-made staple fibres not carded or combed or otherwise processed for spinning, or

    –

    chemical materials or textile pulp

     

    Chapter 61

    Articles of apparel and clothing accessories, knitted or crocheted:

     

     

     

    –

    Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form

    Manufacture from yarn (6)  (8)

     

     

    –

    Other

    Manufacture from (6):

    –

    natural fibres,

    –

    man-made staple fibres not carded or combed or otherwise processed for spinning, or

    –

    chemical materials or textile pulp

     

    ex Chapter 62

    Articles of apparel and clothing accessories, not knitted or crocheted; except for:

    Manufacture from yarn (8)  (6)

     

    ex 6202,

    ex 6204,

    ex 6206,

    ex 6209 and ex 6211

    Women's, girls' and babies' clothing and clothing accessories for babies, embroidered

    Manufacture from yarn (8)

    or

    Manufacture from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product (6)

     

    ex 6210 and

    ex 6216

    Fire–resistant equipment of fabric covered with foil of aluminised polyester

    Manufacture from yarn (8)

    or

    Manufacture from uncoated fabric provided the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product (6)

     

    6213 and

    6214

    Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like:

     

     

     

    –

    Embroidered

    Manufacture from unbleached single yarn (6)  (8)

    or

    Manufacture from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product (10)

     

     

    –

    Other

    Manufacture from unbleached single yarn (6)  (8)

    or

    Making up followed by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted goods of headings 6213 and 6214 used does not exceed 47,5 % of the ex-works price of the product

     

    6217

    Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212:

     

     

     

    –

    Embroidered

    Manufacture from yarn (8)

    or

    Manufacture from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product (8)

     

     

    –

    Fire–resistant equipment of fabric covered with foil of aluminised polyester

    Manufacture from yarn (8)

    or

    Manufacture from uncoated fabric provided the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product (8)

     

     

    –

    Interlinings for collars and cuffs, cut out

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product;

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

     

    –

    Other

    Manufacture from yarn (8)

     

    ex Chapter 63

    Other made–up textile articles; sets; worn clothing and worn textile articles; rags; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    6301 to 6304

    Blankets, travelling rugs, bed linen etc.; curtains etc.; other furnishing articles:

     

     

     

    –

    Of felt, of non-wovens

    Manufacture from (6):

    –

    natural fibres, or

    –

    chemical materials or textile pulp

     

     

    –

    Other:

     

     

     

    – –

    Embroidered

    Manufacture from unbleached single yarn (8)  (9)

    or

    Manufacture from unembroidered fabric (other than knitted or crocheted) provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product

     

     

    –

    Other:

    Manufacture from unbleached single yarn (8)  (9)

     

    6305

    Sacks and bags, of a kind used for the packing of goods

    Manufacture from (8):

    –

    natural fibres,

    –

    man-made staple fibres not carded or combed or otherwise processed for spinning, or

    –

    chemical materials or textile pulp

     

    6306

    Tarpaulins, awnings and sun blinds; tents; sails for boats, sailboards or land craft; camping goods:

     

     

     

    –

    Of non-wovens

    Manufacture from (6)  (8):

    –

    natural fibres, or

    –

    chemical materials or textile pulp

     

     

    –

    Other

    Manufacture from unbleached single yarn (6)  (8)

     

    6307

    Other made–up articles, including dress patterns

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    6308

    Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packings for retail sale

    Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non–originating articles may be incorporated provided their total value does not exceed 15 % of the ex-works price of the set

     

    ex Chapter 64

    Footwear, gaiters and the like; except for:

    Manufacture from materials of any heading except for assemblies of uppers affixed to inner soles or to other sole components of heading 6406

     

    6406

    Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable in-soles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 65

    Headgear and parts thereof, except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    6503

    Felt hats and other felt headgear, made from the hat bodies, hoods or plateaux of heading 6501, whether or not lined or trimmed

    Manufacture from yarn or textile fibres (8)

     

    6505

    Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed

    Manufacture from yarn or textile fibres (8)

     

    ex Chapter 66

    Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops, and parts thereof; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    6601

    Umbrellas and sun umbrellas (including walking–stick umbrellas, garden umbrellas and similar umbrellas)

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    Chapter 67

    Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 68

    Articles of stone, plaster, cement, asbestos, mica or similar materials; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 6803

    Articles of slate or of agglomerated slate

    Manufacture from worked slate

     

    ex 6812

    Articles of asbestos; articles of mixtures with a basis of asbestos or of mixtures with a basis of asbestos and magnesium carbonate

    Manufacture from materials of any heading

     

    ex 6814

    Articles of mica, including agglomerated or reconstituted mica, on a support of paper, paperboard or other materials

    Manufacture from worked mica (including agglomerated or reconstituted mica)

     

    Chapter 69

    Ceramic products

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 70

    Glass and glassware; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 7003

    ex 7004 and

    ex 7005

    Glass with a non-reflecting layer

    Manufacture from materials of heading 7001

     

    7006

    Glass of headings 7003, 7004 or 7005, bent, edgeworked, engraved, drilled, enamelled or otherwise worked, but not framed or fitted with other materials

    Manufacture from materials of heading 7001

     

    7007

    Safety glass, consisting of toughened (tempered) or laminated glass

    Manufacture from materials of heading 7001

     

    7008

    Multiple-walled insulating units of glass

    Manufacture from materials of heading 7001

     

    7009

    Glass mirrors, whether or not framed, including rear-view mirrors

    Manufacture from materials of heading 7001

     

    7010

    Carboys, bottles, flasks, jars, pots, phials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass

    Manufacture in which all the materials used are classified within a heading other than that of the product

    or

    Cutting of glassware, provided the value of the uncut glassware does not exceed 50 % of the ex-works price of the product

     

    7013

    Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018)

    Manufacture in which all the materials used are classified within a heading other than that of the product

    or

    Cutting of glassware, provided the value of the uncut glassware does not exceed 50 % of the ex-works price of the product

    or

    Hand-decoration (with the exception of silk-screen printing) of hand-blown glassware, provided the value of the hand–blown glassware does not exceed 50 % of the ex-works price of the product

     

    ex 7019

    Articles (other than yarn) of glass fibres

    Manufacture from:

    –

    uncoloured slivers, rovings, yarn or chopped strands, or

    –

    glass wool

     

    ex Chapter 71

    Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 7101

    Natural or cultured pearls, graded and temporarily strung for convenience of transport

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex 7102,

    ex 7103 and

    ex 7104

    Worked precious or semi-precious stones (natural, synthetic or reconstructed)

    Manufacture from unworked precious or semi-precious stones

     

    7106, 7108 and 7110

    Precious metals:

     

     

     

    –

    Unwrought

    Manufacture from materials not classified within heading 7106, 7108 or 7110

    or

    Electrolytic, thermal or chemical separation of precious metals of heading 7106, 7108 or 7110

    or

    Alloying of precious metals of heading 7106, 7108 or 7110 with each other or with base metals

     

     

    –

    Semi-manufactured or in powder form

    Manufacture from unwrought precious metals

     

    ex 7107,

    ex 7109 and

    ex 7111

    Metals clad with precious metals, semi-manufactured

    Manufacture from metals clad with precious metals, unwrought

     

    7116

    Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed)

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    7117

    Imitation jewellery

    Manufacture in which all the materials used are classified within a heading other than that of the product

    or

     

     

     

    Manufacture from base metal parts, not plated or covered with precious metals, provided the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex Chapter 72

    Iron and steel; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    7207

    Semi-finished products of iron or non-alloy steel

    Manufacture from materials of heading 7201, 7202, 7203, 7204 or 7205

     

    7208 to 7216

    Flat-rolled products, bars and rods, angles, shapes and sections of iron or non-alloy steel

    Manufacture from ingots or other primary forms of heading 7206

     

    7217

    Wire of iron or non-alloy steel

    Manufacture from semi-finished materials of heading 7207

     

    ex 7218, 7219 to 7222

    Semi-finished products, flat-rolled products, bars and rods, angles, shapes and sections of stainless steel

    Manufacture from ingots or other primary forms of heading 7218

     

    7223

    Wire of stainless steel

    Manufacture from semi-finished materials of heading 7218

     

    ex 7224, 7225 to 7228

    Semi-finished products, flat-rolled products, hot-rolled bars and rods, in irregularly wound coils; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel

    Manufacture from ingots or other primary forms of heading 7206, 7218 or 7224

     

    7229

    Wire of other alloy steel

    Manufacture from semi-finished materials of heading 7224

     

    ex Chapter 73

    Articles of iron or steel; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 7301

    Sheet piling

    Manufacture from materials of heading 7206

     

    7302

    Railway or tramway track construction materials of iron or steel, the following: rails, checkrails and rackrails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole pates (base plates), rail clips, bedplates, ties and other material specialised for jointing or fixing rails

    Manufacture from materials of heading 7206

     

    7304, 7305 and 7306

    Tubes, pipes and hollow profiles, of iron (other than cast iron) or steel

    Manufacture from materials of heading 7206, 7207, 7218 or 7224

     

    ex 7307

    Tube or pipe fittings of stainless steel (ISO code X5CrNiMo 1712), consisting of several parts

    Turning, drilling, reaming, threading, deburring and sandblasting of forged blanks the value of which does not exceed 35 % of the ex-works price of the product

     

    7308

    Structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frame-works, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, welded angles, shapes and sections of heading 7301 may not be used

     

    ex 7315

    Skid chain

    Manufacture in which the value of all the materials of heading 7315 used does not exceed 50 % of the ex-works price of the product

     

    ex Chapter 74

    Copper and articles thereof; except for:

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    7401

    Copper mattes; cement copper (precipitated copper)

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    7402

    Unrefined copper; copper anodes for electrolytic refining

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    7403

    Refined copper and copper alloys, unwrought:

     

     

     

    –

    Refined copper

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

     

    –

    Copper alloys and refined copper containing other elements

    Manufacture from refined copper, unwrought, or waste and scrap of copper

     

    7404

    Copper waste and scrap

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    7405

    Master alloys of copper

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 75

    Nickel and articles thereof; except for:

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    7501 to 7503

    Nickel mattes, nickel oxide sinters and other intermediate products of nickel metallurgy; unwrought nickel; nickel waste and scrap

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 76

    Aluminium and articles thereof; except for:

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    7601

    Unwrought aluminium

    Manufacture by thermal or electrolytic treatment from unalloyed aluminium or waste and scrap of aluminium

     

    7602

    Aluminium waste or scrap

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 7616

    Aluminium articles other than gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, and expanded metal of aluminium

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product. However, gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, or expanded metal of aluminium may be used,

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    Chapter 77

    Reserved for possible future use in HS

     

     

    ex Chapter 78

    Lead and articles thereof; except for:

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    7801

    Unwrought lead:

     

     

     

    –

    Refined lead

    Manufacture from ‘bullion’ or ‘work’ lead

     

     

    –

    Other

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, waste and scrap of heading 7802 may not be used

     

    7802

    Lead waste and scrap

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 79

    Zinc and articles thereof; except for:

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    7901

    Unwrought zinc

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, waste and scrap of heading 7902 may not be used

     

    7902

    Zinc waste and scrap

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 80

    Tin and articles thereof; except for:

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    8001

    Unwrought tin

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, waste and scrap of heading 8002 may not be used

     

    8002 and 8007

    Tin waste and scrap; other articles of tin

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    Chapter 81

    Other base metals; cermets; articles thereof:

     

     

     

    –

    Other base metals, wrought; articles thereof

    Manufacture in which the value of all the materials classified within the same heading as the product used does not exceed 50 % of the ex-works price of the product

     

     

    –

    Other

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 82

    Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    8206

    Tools of two or more of the headings 8202 to 8205, put up in sets for retail sale

    Manufacture in which all the materials used are classified within a heading other than headings 8202 to 8205. However, tools of headings 8202 to 8205 may be incorporated into the set provided their value does not exceed 15 % of the ex-works price of the set

     

    8207

    Interchangeable tools for hand tools, whether or not power-operated, or for machine-tools (for example, for pressing, stamping, punching, tapping, threading, drilling, boring, broaching, milling, turning, or screwdriving), including dies for drawing or extruding metal, and rock drilling or earth boring tools

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8208

    Knives and cutting blades, for machines or for mechanical appliances

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex 8211

    Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, knife blades and handles of base metal may be used

     

    8214

    Other articles of cutlery (for example, hair clippers, butchers' or kitchen cleavers, choppers and mincing knives, paper knives); manicure or pedicure sets and instruments (including nail files)

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, handles of base metal may be used

     

    8215

    Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, handles of base metal may be used

     

    ex Chapter 83

    Miscellaneous articles of base metal; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 8302

    Other mountings, fittings and similar articles suitable for buildings, and automatic door closers

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, the other materials of heading 8302 may be used provided their value does not exceed 20 % of the ex-works price of the product

     

    ex 8306

    Statuettes and other ornaments, of base metal

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, the other materials of heading 8306 may be used provided their value does not exceed 30 % of the ex-works price of the product

     

    ex Chapter 84

    Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof; except for:

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex 8401

    Nuclear fuel elements

    Manufacture in which all the materials used are classified within a heading other than that of the product (10)

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8402

    Steam or other vapour generating boilers (other than central heating hot water boilers capable also of producing low pressure steam); super heated water boilers

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8403 and ex 8404

    Central heating boilers other than those of heading 8402 and auxiliary plant for central heating boilers

    Manufacture in which all the materials used are classified within a heading other than heading 8403 or 8404

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    8406

    Steam turbines and other vapour turbines

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8407

    Spark-ignition reciprocating or rotary internal combustion piston engines

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8408

    Compression-ignition internal combustion piston engines (diesel or semi-diesel engines)

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8409

    Parts suitable for use solely or principally with the engines of heading 8407 or 8408

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8411

    Turbo-jets, turbo propellers and other gas turbines

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8412

    Other engines and motors

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex 8413

    Rotary positive displacement pumps

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    ex 8414

    Industrial fans, blowers and the like

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8415

    Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8418

    Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air conditioning machines of heading 8415

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    ex 8419

    Machines for wood, paper pulp and paperboard industries

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8420

    Calendering or other rolling machines, other than for metals or glass, and cylinders therefor

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8423

    Weighing machinery (excluding balances of a sensitivity of 5 cg or better), including weight operated counting or checking machines; weighing machine weights of all kinds

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8425 to 8428

    Lifting, handling, loading or unloading machinery

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where, within the above limit, the materials classified within heading 8431 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8429

    Self-propelled bulldozers, angledozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and road rollers:

     

     

     

    –

    Road rollers

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

     

    –

    Other

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where, within the above limit, the materials classified within heading 8431 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8430

    Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; pile-drivers and pile-extractors; snow-ploughs and snow-blowers

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where, within the above limit, the value of the materials classified within heading 8431 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex 8431

    Parts suitable for use solely or principally with road rollers

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8439

    Machinery for making pulp of fibrous cellulosic material or for making or finishing paper or paperboard

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8441

    Other machinery for making up paper pulp, paper or paperboard, including cutting machines of all kinds

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8444 to 8447

    Machines of these headings for use in the textile industry

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex 8448

    Auxiliary machinery for use with machines of headings 8444 and 8445

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8452

    Sewing machines, other than book-sewing machines of heading 8440; furniture, bases and covers specially designed for sewing machines; sewing machine needles:

     

     

     

    –

    Sewing machines (lock stitch only) with heads of a weight not exceeding 16 kg without motor or 17 kg with motor

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where the value of all the non-originating materials used in assembling the head (without motor) does not exceed the value of the originating materials used,

    –

    the thread tension, crochet and zigzag mechanisms used are already originating

     

     

    –

    Other

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8456 to

    8466

    Machine–tools and machines and their parts and accessories of headings 8456 to 8466

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8469 to 8472

    Office machines (for example, typewriters, calculating machines, automatic data processing machines, duplicating machines, stapling machines)

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8480

    Moulding boxes for metal foundry; mould bases; moulding patterns; moulds for metal (other than ingot moulds), metal carbides, glass, mineral materials, rubber or plastics

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    8482

    Ball or roller bearings

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8484

    Gaskets and similar joints of metal sheeting combined with other material or of two or more layers of metal; sets or assortments of gaskets and similar joints, dissimilar in composition, put up in pouches, envelopes or similar packings; mechanical seals

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8485

    Machinery parts, not containing electrical connectors, insulators, coils, contacts or other electrical features, not specified or included elsewhere in this Chapter

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex Chapter 85

    Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles; except for:

    Manufacture in which

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8501

    Electric motors and generators (excluding generating sets)

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where, within the above limit, the materials classified within heading 8503 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8502

    Electric generating sets and rotary converters

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where, within the above limit, the materials classified within heading 8501 or 8503, taken together, are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex 8504

    Power supply units for automatic data-processing machines

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex 8518

    Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures; audio-frequency electric amplifiers; electric sound amplifier sets

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8519

    Turntables (record-decks), record-players, cassette-players and other sound reproducing apparatus, not incorporating a sound recording device

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where the value of all the non–originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8520

    Magnetic tape recorders and other sound recording apparatus, whether or not incorporating a sound reproducing device

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where the value of all the non–originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8521

    Video recording or reproducing apparatus, whether or not incorporating a video tuner

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where the value of all the non–originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8522

    Parts and accessories suitable for use solely or principally with the apparatus of headings 8519 to 8521

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8523

    Prepared unrecorded media for sound recording or similar recording of other phenomena, other than products of Chapter 37

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8524

    Records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of Chapter 37:

     

     

     

    –

    Matrices and masters for the production of records

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

     

    –

    Other

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where, within the above limit, the materials classified within heading 8523 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8525

    Transmission apparatus for radio-telephony, radio-telegraphy, radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras and other video camera recorders

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8526

    Radar apparatus, radio navigational aid apparatus and radio remote control apparatus

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8527

    Reception apparatus for radio-telephony, radio-telegraphy or radio broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8528

    Reception apparatus for television, whether or not incorporating radio broadcast receivers or sound or video recording or reproducing apparatus; video monitors and video projectors

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8529

    Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528:

     

     

     

    –

    Suitable for use solely or principally with video recording or reproducing apparatus

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

     

    –

    Other

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8535 and 8536

    Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where, within the above limit, the materials classified within heading 8538 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8537

    Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of Chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where, within the above limit, the materials classified within heading 8538 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex 8541

    Diodes, transistors and similar semi-conductor devices, except wafers not yet cut into chips

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8542

    Electronic integrated circuits and microassemblies

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8544

    Insulated (including enamelled or anodised) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8545

    Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8546

    Electrical insulators of any material

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8547

    Insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating materials apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly other than insulators of heading 8546; electrical conduit tubing and joints therefor, of base metal lined with insulating material

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8548

    Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified or included elsewhere in this Chapter

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex Chapter 86

    Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds; except for:

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8608

    Railway or tramway track fixtures and fittings; mechanical (including electro-mechanical) signalling, safety or traffic control equipment for railways, tramways, roads, inland waterways, parking facilities, port installations or airfields; parts of the foregoing

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex Chapter 87

    Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof; except for:

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8709

    Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms; parts of the foregoing vehicles

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8710

    Tanks and other armoured fighting vehicles, motorised, whether or not fitted with weapons, and parts of such vehicles

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8711

    Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars:

     

     

     

    –

    With reciprocating internal combustion piston engine of a cylinder capacity:

     

     

     

    – –

    Not exceeding 50 cc

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 20 % of the ex-works price of the product

     

    –

    exceeding 50 cc

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

     

    –

    Other

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex 8712

    Bicycles without ball bearings

    Manufacture from materials not classified in heading 8714

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8715

    Baby carriages and parts thereof

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8716

    Trailers and semi-trailers; other vehicles, not mechanically propelled; parts thereof

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex Chapter 88

    Aircraft, spacecraft, and parts thereof; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex 8804

    Rotochutes

    Manufacture from materials of any heading including other materials of heading 8804

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    8805

    Aircraft launching gear; deck–arrestor or similar gear; ground flying trainers; parts of the foregoing articles

    Manufacture in which all the materials used are classified within a heading other than that of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    Chapter 89

    Ships, boats and floating structures

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, hulls of heading 8906 may not be used

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 90

    Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof; except for:

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9001

    Optical fibres and optical fibre bundles; optical fibre cables other than those of heading 8544; sheets and plates of polarizing material; lenses (including contact lenses), prisms, mirrors and other optical elements, of any material, unmounted, other than such elements of glass not optically worked

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9002

    Lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other than such elements of glass not optically worked

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9004

    Spectacles, goggles and the like, corrective, protective or other

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex 9005

    Binoculars, monoculars, other optical telescopes, and mountings therefor, except for astronomical refracting telescopes and mountings therefor

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex 9006

    Photographic (other than cinematographic) cameras; photographic flashlight apparatus and flashbulbs other than electrically ignited flashbulbs

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9007

    Cinematographic cameras and projectors, whether or not incorporating sound recording or reproducing apparatus

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9011

    Compound optical microscopes, including those for photomicrography, cinephotomicrography or microprojection

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex 9014

    Other navigational instruments and appliances

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9015

    Surveying (including photogrammetrical surveying), hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9016

    Balances of a sensitivity of 5 cg or better, with or without weights

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9017

    Drawing, marking–out or mathematical calculating instruments (for example, drafting machines, pantographs, protractors, drawing sets, slide rules, disc calculators); instruments for measuring length, for use in the hand (for example, measuring rods and tapes, micrometers, callipers), not specified or included elsewhere in this Chapter

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9018

    Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments:

     

     

     

    –

    Dentists' chairs incorporating dental appliances or dentists' spittoons

    Manufacture from materials of any heading, including other materials of heading 9018

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    –

    Other

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    9019

    Mechano-therapy appliances; massage apparatus; psychological aptitude-testing apparatus; ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    9020

    Other breathing appliances and gas masks, excluding protective masks having neither mechanical parts nor replaceable filters

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    9024

    Machines and appliances for testing the hardness, strength, compressibility, elasticity or other mechanical properties of materials (for example, metals, wood, textiles, paper, plastics)

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9025

    Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9026

    Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading 9014, 9015, 9028 or 9032

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9027

    Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9028

    Gas, liquid or electricity supply or production meters, including calibrating meters therefor:

     

     

     

    –

    Parts and accessories

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

     

    –

    Other

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    –

    where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9029

    Revolution counters, production counters, taximeters, milometer, pedometers and the like; speed indicators and tachometers, other than those of headings 9014 or 9015; stroboscopes

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9030

    Oscilloscopes, spectrum analysers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading 9028; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionizing radiations

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9031

    Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this Chapter; profile projectors

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9032

    Automatic regulating or controlling instruments and apparatus

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9033

    Parts and accessories (not specified or included elsewhere in this Chapter) for machines, appliances, instruments or apparatus of Chapter 90

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex Chapter 91

    Clocks and watches and parts thereof; except for:

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9105

    Other clocks

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9109

    Clock movements, complete and assembled

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9110

    Complete watch or clock movements, unassembled or partly assembled (movement sets); incomplete watch or clock movements, assembled; rough watch or clock movements

    Manufacture:

    –

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

    –

    where, within the above limit, the materials classified within heading 9114 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9111

    Watch cases and parts thereof

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9112

    Clock cases and cases of a similar type for other goods of this Chapter, and parts thereof

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9113

    Watch straps, watch bands and watch bracelets, and parts thereof:

     

     

     

    –

    Of base metal, whether or not gold- or silver-plated, or of metal clad with precious metal

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

     

    –

    Other

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    Chapter 92

    Musical instruments; parts and accessories of such articles

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    Chapter 93

    Arms and ammunition; parts and accessories thereof

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex Chapter 94

    Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex works price of the product

    ex 9401 and

    ex 9403

    Base metal furniture, incorporating unstuffed cotton cloth of a weight of 300 g/m2 or less

    Manufacture in which all the materials used are classified in a heading other than that of the product

    or

    Manufacture from cotton cloth already made up in a form ready for use of heading 9401 or 9403, provided:

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

     

    –

    its value does not exceed 25 % of the ex-works price of the product,

    –

    all the other materials used are already originating and are classified in a heading other than heading 9401 or 9403

     

    9405

    Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    9406

    Prefabricated buildings

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex Chapter 95

    Toys, games and sports requisites; parts and accessories thereof; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    9503

    Other toys; reduced-size (scale) models and similar recreational models, working or not; puzzles of all kinds

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex 9506

    Golf clubs and parts thereof

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, roughly shaped blocks for making golf club heads may be used

     

    ex Chapter 96

    Miscellaneous manufactured articles; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex 9601 and

    ex 9602

    Articles of animal, vegetable or mineral carving materials

    Manufacture from ‘worked’ carving materials of the same heading

     

    ex 9603

    Brooms and brushes (except for besoms and the like and brushes made from marten or squirrel hair), hand-operated mechanical floor sweepers, not motorised, paint pads and rollers, squeegees and mops

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    9605

    Travel sets for personal toilet, sewing or shoe or clothes cleaning

    Each item in the set must satisfy the rule, which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided their total value does not exceed 15 % of the ex-works price of the set

     

    9606

    Buttons, press-fasteners, snap-fasteners and press-studs, button moulds and other parts of these articles; button blanks

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    9612

    Typewriter or similar ribbons, inked or otherwise prepared for giving impressions, whether or not on spools or in cartridges; ink-pads, whether or not inked, with or without boxes

    Manufacture in which:

    –

    all the materials used are classified within a heading other than that of the product,

    –

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex 9613

    Lighters with piezo-igniter

    Manufacture in which the value of all the materials of heading 9613 used does not exceed 30 % of the ex-works price of the product

     

    ex 9614

    Smoking pipes and pipe bowls

    Manufacture from roughly shaped blocks

     

    Chapter 97

    Works of art, collectors' pieces and antiques

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    (1)  For the special conditions relating to ‘specific processes’ see Introductory Note 7.

    (2)  Note 3 to Chapter 32 says that these preparations are those of a kind used for colouring any material or used as ingredients in the manufacturing of colouring preparations, provided they are not classified in another heading in Chapter 32.

    (3)  A ‘group’ is regarded as any part of the heading separated from the rest by a semi-colon.

    (4)  In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.

    (5)  The following foils shall be considered as highly transparent: foils, the optical dimming of which – measured according to ASTM-D 1003-16 by Gardner Hazemeter (i.e. Hazefactor) – is less than 2 %.

    (6)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

    (7)  The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.

    (8)  See Introductory Note 6.

    (9)  For knitted or crocheted articles, not elastic or rubberised, obtained by sewing or assembly pieces of knitted or crocheted fabrics (cut out or knitted directly to shape), see Introductory Note 6.

    (10)  This rule shall apply until 31 December 2005.

    ANNEX IIa TO PROTOCOL 4

    LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCTS MANUFACTURED REFERRED TO IN ARTICLE 6(2) CAN OBTAIN ORIGINATING STATUS.

    HS heading

    Description of product

    Working or processing carried out on non-originating materials that confers originating status

    (1)

    (2)

    (3) or (4)

    3205

    Colour lakes; preparations as specified in Note 3 to this Chapter based on colour lakes (1)

    Manufacture from materials of any heading, except headings 3203 , 3204 and 3205 . However, materials from heading 3205 may be used provided their value does not exceed 30 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

    3301

    Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils

    Manufacture from materials of any heading, including materials of a different ‘group’ (2) in this heading. However, materials of the same group may be used, provided their value does not exceed 30 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

    3303

    Perfumes and toilet waters

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 30 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

    3304

    Beauty or make-up preparations and preparations for the care of skin (other than medicaments), including sun screen or sun tan preparations; manicure or pedicure preparations

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 30 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

    8415

    Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    8501

    Electric motors and generators (excluding generating sets)

    Manufacture:

    —

    in which the value of all the materials used does not exceed 50 % of the ex-works price of the product;

    —

    where, within the above limit, the materials classified within heading 8503 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    8528

    Reception apparatus for television, whether or not incorporating radio broadcast receivers or sound or video recording or reproducing apparatus; video monitors and video projectors

    Manufacture:

    —

    in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    —

    where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex 8712

    Bicycles without ball bearings

    Manufacture from materials not classified in heading 8714

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    8714

    Parts and accessories of vehicles of vehicles of heading Nos 8711 to 8713

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    8716

    Trailers and semi-trailers; other vehicles, not mechanically propelled; parts thereof

    Manufacture in which:

    —

    all the materials used are classified within a heading other than that of the product,

    —

    the value of all the materials used does not exceed 50 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    (1)  Note 3 to Chapter 32 says that these preparations are those of a kind used for colouring any material or used as ingredients in the manufacturing of colouring preparations, provided they are not classified in another heading in Chapter 32.

    (2)  A ‘group’ is regarded as any part of the heading separated from the rest by a semi-colon.

    ANNEX III TO PROTOCOL 4

    LIST OF PRODUCTS ORIGINATING IN TURKEY TO WHICH THE PROVISIONS OF ARTICLE 4 DO NOT APPLY, LISTED IN THE ORDER OF HARMONISED SYSTEM CHAPTERS AND HEADINGS

    Chapter 1

     

    Chapter 2

     

    Chapter 3

     

    0401 to 0402

     

    ex 0403

    Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit or cocoa

    0404 to 0410

     

    0504

     

    0511

     

    Chapter 6

     

    0701 to 0709

     

    ex 0710

    Vegetables (uncooked or cooked by steaming or boiling in water), frozen

    ex 0711

    Vegetables, except sweet corn of heading 0711 90 30 , provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

    0712 to 0714

     

    Chapter 8

     

    ex Chapter 9

    Coffee, tea, and spices, excluding maté of heading 0903

    Chapter 10

     

    Chapter 11

     

    Chapter 12

     

    ex 1302

    Pectin

    1501 to 1514

     

    ex 1515

    Other fixed vegetable fats and oils (excluding jojoba oil and its fractions) and their fractions, whether or not refined, but not chemically modified

    ex 1516

    Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared, excluding hydrogenated castor oil known as ‘opal-wax’

    ex 1517 and

    ex 1518

    Margarines, imitation lard and other prepared edible fats

    ex 1522

    Residues resulting from the treatment of fatty substances or animal or vegetable waxes, excluding degras

    Chapter 16

     

    1701

     

    ex 1702

    Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel excluding that of headings 1702 11 00 , 1702 30 51 , 1702 30 59 , 1702 50 00 and 1702 90 10

    1703

     

    1801 and 1802

     

    ex 1902

    Pasta, stuffed, containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates, sausages and the like or meat and meat offal of any kind, including fats of all kinds

    ex 2001

    Cucumbers and gherkins, onions, mango chutney, fruit of the genus Capsicum other than sweet peppers or pimentos, mushrooms and olives, prepared or preserved by vinegar or acetic acid

    2002 and 2003

     

    ex 2004

    Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006 , excluding potatoes in the form of flour or meal and flakes of sweet corn

    ex 2005

    Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 , excluding potato and sweet corn products

    2006 and 2007

     

    ex 2008

    Fruits, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding peanut butter, palm hearts, maize, yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, vine leaves, hop shoots and other similar edible parts of plants

    2009

     

    ex 2106

    Flavoured and coloured sugars, syrups and molasses

    2204

     

    2206

     

    ex 2207

    Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher obtained from agricultural produce listed here

    ex 2208

    Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol obtained from agricultural produce listed here.

    2209

     

    Chapter 23

     

    2401

     

    4501

     

    5301 and 5302

     

    ANNEX IV TO PROTOCOL 4

    Movement certificate EUR1 and application for a movement certificate EUR1

    Printing instructions

    1.

    		 Each form shall measure 210 x 297 mm; a tolerance of up to minus 5 mm or plus 8 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

    2.

    		 The competent authorities of the Member States of the Community and of Egypt may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.

    Image 25

    Text of image

    Image 26

    Text of image

    Image 27

    Text of image

    Image 28

    Text of image

    ANNEX V TO PROTOCOL 4

    INVOICE DECLARATION

    The invoice declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

    English version

    The exporter of the products covered by this document (customs authorisation No... (1)) declares that, except where otherwise clearly indicated, these products are of ... preferential origin (2)

    Spanish version

    El exportador de los productos incluidos en el presente documento (autorización aduanera No ... (1) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial ... (2)

    Danish version

    Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. ... (1))erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i ... (2)

    German version

    Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. ... (1)), der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte ... Ursprungswaren sind (2)

    Greek version

    Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπάριθ. .... (1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής .... (2) .

    French version

    L'exportateur des produits couverts par le présent document (autorisation douanière No ... déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle ... (1)

    Italian version

    L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. ... (1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale ... (2)

    Dutch version

    De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. ... (1)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële ... oorsprong zijn (2)

    Portuguese version

    O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorização aduaneira No ... (1)) declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial ... (2)

    Finnish version

    Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupan:o ... (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja ... alkuperätuotteita (2)

    Swedish version

    Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr. ... (1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande ... ursprung (2)

    Arabic version

    ........

    ................................ (3)

    (Place and date)

    ................................ (4)

    (Signature of the exporter; in addition the name of the person signing the declaration has to be indicated in clear script)

    (1)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.

    (2)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’.

    (3)  These indications may be omitted if the information is contained on the document itself.

    (4)  See Article 21(5) of the Protocol. In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.

    ANNEX VI TO PROTOCOL 4

    JOINT DECLARATION ON THE TRANSITIONAL PERIOD CONCERNING THE ISSUING OR MAKING OUT OF DOCUMENTS RELATING TO THE PROOF OF ORIGIN

    1.   

    During 12 months following the entry into force of the Agreement, the competent customs authorities of the Community and of Egypt shall accept as valid proof of origin within the meaning of Protocol 4, movement certificates EUR1 and EUR2 forms, issued within the context of the Cooperation Agreement signed on 18 January 1977.

    2.   

    Requests for subsequent verification of documents referred to above shall be accepted by the competent customs authorities of the Community and of Egypt for a period of two years after the issuing and making out of the proof of origin concerned. These verifications shall be carried out in accordance with Title VI of Protocol 4 to this Agreement.

    JOINT DECLARATION CONCERNING THE PRINCIPALITY OF ANDORRA

    1.   

    Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonised System shall be accepted by Egypt as originating in the Community within the meaning of this Agreement.

    2.   

    Protocol 4 shall apply, mutatis mutandis, for the purpose of defining the originating status of the abovementioned products.

    JOINT DECLARATION CONCERNING THE REPUBLIC OF SAN MARINO

    1.   

    Products originating in the Republic of San Marino shall be accepted by Egypt as originating in the Community within the meaning of this Agreement.

    2.   

    Protocol 4 shall apply, mutatis mutandis, for the purpose of defining the originating status of the abovementioned products.

    JOINT DECLARATION ON CUMULATION OF ORIGIN

    The Community and Egypt recognise the important role of cumulation of origin in encouraging the smooth development towards a free trade area between all Mediterranean partners participating in the Barcelona process.

    The Community agrees to negotiate and conclude agreements with Mediterranean Partner states, especially Mashrek/Maghreb States at the request of the latter, to apply the rule of cumulation of origin once the concerned partners agree to apply identical rules of origin.

    The Parties furthermore declare that differences in the types of cumulation already in force in the participating countries should not constitute a barrier to achieving this goal. For that purpose they will immediately after the signature of the Agreement start to examine the possibilities of cumulation with the said countries during the transitional period, especially in sectors where the concerned Mediterranean countries apply identical rules of origin.

    The Community will provide assistance to the concerned partners in order to achieve cumulation of rules of origin.

    JOINT DECLARATION ON PROCESSING REQUIREMENTS CONTAINED IN ANNEX II

    Both Parties agree with the processing requirement contained in Annex II and II(a) to Protocol 4.

    Nevertheless the Community will examine a limited number of requests of derogation presented by Egypt, duly motivated, provided these are not of a nature to compromise achievements on the introduction of cumulation between the Euro-Mediterranean Parties.

    PROTOCOL 5

    on mutual assistance between administrative authorities in customs matters

    Article 1

    Definitions

    For the purposes of this Protocol:

    (a)

    ‘customs legislation’ shall mean any legal or regulatory provisions applicable in the territories of the Parties governing the import, export, and transit of goods and their placing under any other customs regime or procedure, including measures of prohibition, restriction and control;

    (b)

    ‘applicant authority’ shall mean a competent administrative authority which has been designated by one of the Parties for this purpose and which makes a request for assistance on the basis of this Protocol;

    (c)

    ‘requested authority’ shall mean a competent administrative authority which has been designated by one of the Parties for this purpose and which receives a request for assistance on the basis of this Protocol;

    (d)

    ‘personal data’ shall mean all information relating to an identified or identifiable individual;

    (e)

    ‘operation in breach of customs legislation’ shall mean any violation or attempted violation of customs legislation.

    Article 2

    Scope

    1.   The Parties shall assist each other, in the areas within their competence, in the manner and under the conditions laid down in this Protocol, to ensure the correct application of the customs legislation, in particular by preventing, investigating and combating operations in breach of that legislation.

    2.   Assistance in customs matters, as provided for in this Protocol, shall apply to any administrative authority of the Parties which is competent for the application of this Protocol. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover information obtained under powers exercised at the request of a judicial authority, except where communication of such information is authorised by that authority.

    3.   Assistance to recover duties, taxes or fines is not covered by this protocol.

    Article 3

    Assistance on request

    1.   At the request of the applicant authority, the requested authority shall provide it with all relevant information which may enable it to ensure that customs legislation is correctly applied, including information regarding activities noted or planned which are or could be operations in breach of customs legislation.

    2.   At the request of the applicant authority, the requested authority shall inform it:

    (a)

    whether goods exported from the territory of one of the Parties have been properly imported into the territory of another Party, specifying, where appropriate, the customs procedure applied to the goods;

    (b)

    whether goods imported into the territory of one of the Parties have been properly exported from the territory of the other Party, specifying, where appropriate, the customs procedure applied to the goods.

    3.   At the request of the applicant authority, the requested authority shall, within the framework of its legal or regulatory provisions, take the necessary steps to ensure special surveillance of:

    (a)

    natural or legal persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation;

    (b)

    places where stocks of goods have been or may be assembled in such a way that there are reasonable grounds for believing that these goods are intended to be used in operations in breach of customs legislation;

    (c)

    goods that are or may be transported in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation;

    (d)

    means of transport that are or may be used in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation.

    Article 4

    Spontaneous assistance

    The Parties shall assist each other, at their own initiative and in accordance with their legal or regulatory provisions, if they consider that to be necessary for the correct application of customs legislation, particularly by providing information obtained pertaining to:

    —

    activities which are or appear to be operations in breach of customs legislation and which may be of interest to another Party,

    —

    new means or methods employed in carrying out operations in breach of customs legislation,

    —

    goods known to be subject to operations in breach of customs legislation,

    —

    natural or legal persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation,

    —

    means of transport in respect of which there are reasonable grounds for believing that they have been, are, or may be used in operations in breach of customs legislation.

    Article 5

    Delivery, notification

    At the request of the applicant authority, the requested authority shall, in accordance with legal or regulatory provisions applicable to the latter, take all necessary measures in order:

    —

    to deliver any documents, or

    —

    to notify any decisions,

    emanating from the applicant authority and falling within the scope of this Protocol, to an addressee residing or established in the territory of the requested authority.

    Requests for delivery of documents or notification of decisions shall be made in writing in an official language of the requested authority or in a language acceptable to that authority.

    Article 6

    Form and substance of requests for assistance

    1.   Requests pursuant to this Protocol shall be made in writing. They shall be accompanied by the documents necessary to enable compliance with the request. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.

    2.   Requests pursuant to paragraph 1 shall include the following information:

    (a)

    the applicant authority;

    (b)

    the measure requested;

    (c)

    the object of and the reason for the request;

    (d)

    the legal or regulatory provisions and other legal elements involved;

    (e)

    indications as exact and comprehensive as possible on the natural or legal persons who are the target of the investigations;

    (f)

    a summary of the relevant facts and of the enquiries already carried out.

    3.   Requests shall be submitted in an official language of the requested authority or in a language acceptable to that authority. This requirement shall not apply to any documents that accompany the request under paragraph 1.

    4.   If a request does not meet the formal requirements set out above, its correction or completion may be requested; in the meantime precautionary measures may be ordered.

    Article 7

    Execution of requests

    1.   In order to comply with a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out. This provision shall also apply to any other authority to which the request has been addressed by the requested authority when the latter cannot act on its own.

    2.   Requests for assistance shall be executed in accordance with the legal or regulatory provisions of the requested Party.

    3.   Duly authorised officials of one of the Parties may, with the agreement of the other Party involved and subject to the conditions laid down by the latter, be present to obtain in the offices of the requested authority or any other concerned authority in accordance with paragraph 1, information relating to activities that are or may be operations in breach of customs legislation which the applicant authority needs for the purposes of this Protocol.

    4.   Duly authorised officials of one of the Parties may, with the agreement of the other Party involved and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter's territory.

    Article 8

    Form in which information is to be communicated

    1.   The requested authority shall communicate results of enquiries to the applicant authority in writing together with relevant documents, certified copies or other items.

    2.   This information may be in computerised form.

    3   Original files and documents shall be transmitted only upon request in cases where certified copies would be insufficient. These originals shall be returned at the earliest opportunity.

    Article 9

    Exceptions to the obligation to provide assistance

    1.   Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where a Party is of the opinion that assistance under this Protocol would:

    (a)

    be likely to prejudice the sovereignty of Egypt or that of a Member State which has been requested to provide assistance under this Protocol; or

    (b)

    be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 10(2); or

    (c)

    violate an industrial, commercial or professional secret.

    2.   Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.

    3.   Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.

    4.   For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons therefor must be communicated to the applicant authority without delay.

    Article 10

    Information exchange and confidentiality

    1.   Any information communicated in whatsoever form pursuant to this Protocol shall be of a confidential or restricted nature, depending on the rules applicable in each of the Parties. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws of the Party that received it and the corresponding provisions applying to the Community authorities.

    2.   Personal data may be exchanged only where the Party which may receive it undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the Party that may supply it. To this end, the Parties communicate each other information on their applicable rules, including, where appropriate, legal provisions in force in the Member States of the Community.

    3.   The use, in judicial or administrative proceedings instituted in respect of operations in breach of customs legislation, of information obtained under this Protocol, is considered to be for the purposes of this Protocol. Therefore, the Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Protocol. The competent authority which supplied that information or gave access to those documents shall be notified of such use.

    4.   Information obtained shall be used solely for the purposes of this Protocol. Where one of the Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information. Such use shall then be subject to any restrictions laid down by that authority.

    Article 11

    Experts and witnesses

    An official of a requested authority may be authorised to appear, within the limitations of the authorisation granted, as an expert or witness in judicial or administrative proceedings regarding the matters covered by this Protocol, and produce such objects, documents or certified copies thereof, as may be needed for the proceedings. The request for appearance must indicate specifically before which judicial or administrative authority the official will have to appear, on what matters and by virtue of what title or qualification the official will be questioned.

    Article 12

    Assistance expenses

    The Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Protocol, except, as appropriate, for expenses to experts and witnesses, and those to interpreters and translators who are not public service employees.

    Article 13

    Implementation

    1.   The implementation of this Protocol shall be entrusted on the one hand to the customs authorities of Egypt and on the other hand to the competent services of the Commission of the European Communities and the customs authorities of the Member States as appropriate. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration the rules in force in particular in the field of data protection. They may recommend to the competent bodies amendments which they consider should be made to this Protocol.

    2.   Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Protocol.

    Article 14

    Other agreements

    1.   Taking into account the respective competencies of the European Community and the Member States, the provisions of this Protocol shall:

    —

    not affect the obligations of the Parties under any other international agreement or convention,

    —

    be deemed complementary with agreements on mutual assistance which have been or may be concluded between individual Member States and Egypt, and

    —

    not affect the Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States of any information obtained under this Protocol which could be of interest to the Community.

    2.   Notwithstanding the provisions of paragraph 1, the provisions of this Protocol shall take precedence over the provisions of any bilateral agreement on mutual assistance which has been or may be concluded between individual Member States and Egypt insofar as the provisions of the latter are incompatible with those of this Protocol.

    3.   In respect of questions relating to the applicability of this Protocol, the Parties shall consult each other to resolve the matter in the framework of the Association Committee.

    FINAL ACT

    The Plenipotentiaries of:

    THE KINGDOM OF BELGIUM,

    THE KINGDOM OF DENMARK,

    THE FEDERAL REPUBLIC OF GERMANY,

    THE HELLENIC REPUBLIC,

    THE KINGDOM OF SPAIN,

    THE FRENCH REPUBLIC,

    IRELAND,

    THE ITALIAN REPUBLIC,

    THE GRAND DUCHY OF LUXEMBOURG,

    THE KINGDOM OF THE NETHERLANDS,

    THE REPUBLIC OF AUSTRIA,

    THE PORTUGUESE REPUBLIC,

    THE REPUBLIC OF FINLAND,

    THE KINGDOM OF SWEDEN,

    THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

    Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY and the Treaty establishing the EUROPEAN COAL AND STEEL COMMUNITY, hereinafter referred to as the ‘Member States’, and

    of the THE EUROPEAN COMMUNITY and the THE EUROPEAN COAL AND STEEL COMMUNITY, hereinafter referred to as ‘the Community’,

    of the one part, and

    the plenipotentiaries of the ARAB REPUBLIC OF EGYPT, hereinafter referred to as ‘Egypt’,

    of the other part,

    meeting at Luxembourg on 25 June 2001 for the signature of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, hereinafter referred to as ‘Euro-Mediterranean Agreement’, have adopted the following texts:

    the Euro-Mediterranean Agreement, the Annexes thereto and the following Protocols:

    Protocol 1

    concerning the arrangements applicable to imports into the Community of agricultural products originating in Egypt

    Protocol 2

    concerning the arrangements applicable to imports into Egypt of agricultural products originating in the Community

    Protocol 3

    concerning the arrangements applicable to processed agricultural products

    Protocol 4

    concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

    Protocol 5

    on mutual assistance between administrative authorities in customs matters.

    The plenipotentiaries of the Member States and of the Community and the plenipotentiary of Egypt have adopted the texts of the Joint Declarations listed below and annexed to this Final Act:

     

    Joint Declaration on Article 3(2) of the Agreement

     

    Joint Declaration on Article 14 of the Agreement

     

    Joint Declaration on Article 18 of the Agreement

     

    Joint Declaration on Article 34 of the Agreement

     

    Joint Declaration on Article 37 of, and Annex VI to, the Agreement

     

    Joint Declaration on Article 39 of the Agreement

     

    Joint Declaration on Title VI, Chapter 1, of the Agreement

     

    Joint Declaration on the protection of data.

    The plenipotentiaries of the Member States and the plenipotentiary of Egypt take note of the following Unilateral Declarations by the European Community:

     

    Declaration by the European Community on Article 11 of the Agreement

     

    Declaration by the European Community on Article 19 of the Agreement

     

    Declaration by the European Community on Article 21 of the Agreement

     

    Declaration by the European Community on Article 34 of the Agreement

     

    Declaration by the European Community

    The plenipotentiaries of the Member States and of the Community and the plenipotentiary of Egypt have also taken note of the Agreement in the form of an Exchange of Letters mentioned below and attached to this Final Act:

    Agreement in the form of an Exchange of Letters between the Community and Egypt concerning imports into the Community of fresh cut flowers and flower buds falling within subheading 0603 10 of the Common Customs Tariff.

    Hecho en Luxemburgo, el veinticinco de junio de dos mil uno.

    Udfærdiget i Luxembourg den femogtyvende juni to tusind og et.

    Geschehen zu Luxemburg am fünfundzwanzigsten Juni zweitausendundeins.

    Έγινε στο Λουξεμβούργο, στις είκοσι πέντε Ιουνίου δύο χιλιάδες ένα.

    Done at Luxembourg on the twenty-fifth day of June in the year two thousand and one.

    Fait à Luxembourg, le vingt-cinq juin deux mille un.

    Fatto a Lussemburgo, addì venticinque giugno duemilauno.

    Gedaan te Luxemburg, de vijfentwintigste juni tweeduizendeneen.

    Feito no Luxemburgo, em vinte e cinco de Junho de dois mil e um.

    Tehty Luxemburgissa kahdentenakymmenentenäviidentenä päivänä kesäkuuta vuonna kaksituhattayksi.

    Som skedde i Luxemburg den tjugofemte juni tjugohundraett.

    Image 29

    Pour le Royaume de Belgique

    Voor het Koninkrijk België

    Für das Königreich Belgien

    Image 30

    Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.

    Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.

    Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

    På Kongeriget Danmarks vegne

    Image 31

    Für die Bundesrepublik Deutschland

    Image 32

    Για την Ελληνική Δημοκρατία

    Image 33

    Por el Reino de España

    Image 34

    Pour la République française

    Image 35

    Thar cheann Na hÉireann

    For Ireland

    Image 36

    Per la Repubblica italiana

    Image 37

    Pour le Grand-Duché de Luxembourg

    Image 38

    Voor het Koninkrijk der Nederlanden

    Image 39

    Für die Republik Österreich

    Image 40

    Pela República Portuguesa

    Image 41

    Suomen tasavallan puolesta

    Image 42

    För Konungariket Sverige

    Image 43

    For the United Kingdom of Great Britain and Northern Ireland

    Image 44

    Por las Comunidades Europeas

    For De Europæiske Fællesskaber

    Für die Europäischen Gemeinschaften

    Για τις Ευρωπαïκές Κοινότητες

    For the European Communities

    Pour les Communautés européennes

    Per le Comunità europee

    Voor de Europese Gemeenschappen

    Pelas Comunidades Europeias

    Euroopan yhteisöjen puolesta

    På Europeiska gemenskapernas vägnar

    Image 45

    Image 46

    JOINT DECLARATIONS

    JOINT DECLARATION ON ARTICLE 3(2)

    It is understood that the political dialogue and cooperation will also cover issues relating to the fight against terrorism.

    JOINT DECLARATION ON ARTICLE 14

    Both Parties agree to negotiate with a view to granting each other concessions in the trade of fish and fishery products on the basis of reciprocity and mutual interest, with the objective of reaching agreement on the details no later than one year after the signature of this Agreement.

    JOINT DECLARATION ON ARTICLE 18

    In case of serious difficulties arising in relation to the level of imports under the agreement the provisions providing for consultation between the Parties may be used, urgently where necessary.

    JOINT DECLARATION ON ARTICLE 34

    The Parties recognise that Egypt is currently in the process of drafting its own competition law. This will provide the necessary conditions for agreeing on the implementation rules referred to in Article 34(2). While drafting its law, Egypt will take into account the competition rules developed within the European Union.

    Until the implementation rules referred to in Article 34(2) are adopted, if serious problems arise, the Parties may raise the matter for consideration in the Association Council.

    JOINT DECLARATION ON ARTICLE 37 AND ANNEX VI

    For the purpose of this Agreement, intellectual property includes, in particular, copyright, including copyright in computer programmes, and neighbouring rights, patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits, as well as the protection against unfair competition as referred to in Article 10 bis of the Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967) and protection of undisclosed information on ‘know-how’.

    JOINT DECLARATION ON ARTICLE 39

    The Parties agree that, in the event of a serious disequilibrium in their overall balance of trade, which threatens trade relations, either Party may call for consultations within the Association Committee in order to promote, in line with Article 39, balanced economic relations and to consider ways to sustainably improve the situation with a view to reduce the imbalances.

    JOINT DECLARATION ON TITLE VI CHAPTER 1

    The Parties agree to endeavour to facilitate the issuing of visas to bona fide persons active in the implementation of this Agreement, including, inter alia, business persons, investors, academics, trainees, government officials; first degree family members of persons legally resident in the territory of the other party shall also be considered.

    JOINT DECLARATION ON THE PROTECTION OF DATA

    The Parties agree that the protection of data will be guaranteed in all areas where the exchange of personal data is envisaged.

    DECLARATIONS BY THE EUROPEAN COMMUNITY

    DECLARATION BY THE EUROPEAN COMMUNITY ON ARTICLE 11

    When consultations are requested as provided for in the last paragraph of Article 11, the Community will be ready to hold consultations within 30 days of the exceptional measures being notified to the Association Committee by Egypt.

    The purpose of such consultations will be to ensure that the measures concerned are in accordance with the provisions of Article 11, and the Community will not oppose the adoption of the measures if these conditions are met.

    DECLARATION BY THE EUROPEAN COMMUNITY ON ARTICLE 19

    The special provisions applied by the Community to the Canary Islands, referred to in Article 19(2) are those provided for by Council Regulation (EEC) No 1911/91 of 26 June 1991.

    DECLARATION BY THE EUROPEAN COMMUNITY ON ARTICLE 21

    The Community is prepared to hold meetings at official level, at Egypt's request, to provide information on any modifications which may have been introduced in its trade relations with third countries.

    DECLARATION BY THE EUROPEAN COMMUNITY ON ARTICLE 34

    The Community declares that, until the adoption by the Association Council of the implementing rules on fair competition referred to in Article 34(2), in the context of the interpretation of Article 34(1), it will assess any practice contrary to that Article on the basis of the criteria resulting from the rules contained in Articles 81, 82 and 87 of the Treaty establishing the European Community, and, for products covered by the Treaty establishing the European Coal and Steel Community, by those contained in Articles 65 and 66 of that Treaty and the Community rules on State aid, including secondary legislation.

    The Community declares that, as regards the agricultural products referred to in Title II Chapter 3, the Community will assess any practice contrary to paragraph 1(i) of Article 34 according to the criteria established by the Community on the basis of Articles 36 and 37 of the Treaty establishing the European Community and in particular those established in Council Regulation No 26/62 as amended, and any practice contrary to paragraph 1(iii) of Article 34 according to the criteria established by the European Community on the basis of Articles 36 and 87 of the Treaty establishing the European Community.

    DECLARATION BY THE EUROPEAN COMMUNITY

    The provisions of the Agreement that fall within the scope of Part III, Title IV of the Treaty establishing the European Community bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Community, until the United Kingdom or Ireland (as the case may be) notifies the Arab Republic of Egypt that it has become bound as part of the European Community in accordance with the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community. The same applies to Denmark, in accordance with the Protocol annexed to those Treaties on the position of Denmark.

    AGREEMENT

    in the form of an Exchange of Letters between the Community and Egypt concerning imports into the Community of fresh cut flowers and flowers and flower buds falling within subheading 0603 10 of the Common Customs Tariff

    A.   Letter from the Community

    Sir,

    The following was agreed between the Community and Egypt:

    Protocol 1 of the Euro-Mediterranean Agreement provides for the elimination of customs duties on imports into the Community of cut flowers and flower buds, fresh, falling within subheading 0603 10 of the Common Customs Tariff and originating in Egypt, subject to a limit of 3 000 tonnes.

    Egypt undertakes to abide by the conditions laid down below for imports into the Community of roses and carnations which qualify for the elimination of this tariff:

    —

    the price level of imports into the Community must be at least equal to 85 % of the Community price level for the same products over the same periods,

    —

    the Egyptian price level shall be determined by recording the prices of the imported products, on representative Community import markets,

    —

    the Community price level shall be based on the producer prices recorded on representative markets of the main producer Member States,

    —

    price levels will be recorded on a fortnightly basis and weighted by the respective quantities. This provision is valid for Community prices and for Egyptian prices,

    —

    for both Community producer prices and the import prices of Egyptian products, a distinction shall be made between large-flowered and small-flowered roses and between unifloral and multifloral carnations,

    —

    if the Egyptian price level for any one type of product is below 85 % of the Community price level, the tariff preference shall be suspended. The Community shall reinstate the tariff preference when an Egyptian price level equal to 85 % or more of the Community price level is recorded.

    I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.

    Please accept, Sir, the assurance of my highest consideration.

    For the European Community

    B.   Letter from Egypt

    Sir,

    I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

    ‘The following was agreed between the Community and Egypt:

    Protocol 1 of the Euro-Mediterranean Agreement provides for the elimination of customs duties on imports into the Community of cut flowers and flower buds, fresh, falling within subheading 0603 10 of the Common Customs Tariff and originating in Egypt, subject to a limit of 3 000 tonnes.

    Egypt undertakes to abide by the conditions laid down below for imports into the Community of roses and carnations which qualify for the elimination of this tariff:

    —

    the price level of imports into the Community must be at least equal to 85 % of the Community price level for the same products over the same periods,

    —

    the Egyptian price level shall be determined by recording the prices of the imported products on representative Community import markets,

    —

    the Community price level shall be based on the producer prices recorded on representative markets of the main producer Member States,

    —

    price levels will be recorded on a fortnightly basis and weighted by the respective quantities. This provision is valid for Community prices and for Egyptian prices,

    —

    for both Community producer prices and the import prices of Egyptian products, a distinction shall be made between large-flowered and small-flowered roses and between unifloral and multifloral carnations,

    —

    if the Egyptian price level for any one type of product is below 85 % of the Community price level, the tariff preference shall be suspended. The Community shall reinstate the tariff preference when an Egyptian price level equal to 85 % or more of the Community price level is recorded.

    I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.’

    I have the honour to confirm that my Government is in agreement with the contents of your letter.

    Please accept, Sir, the assurance of my highest consideration.

    For the Government of the Arab Republic of Egypt

    30.9.2004   

    EN

    Official Journal of the European Union

    L 304/209

    COUNCIL DECISION

    of 29 April 2004

    on the conclusion by the European Community of the Protocol on the accession of the European Community to the European Organisation for the Safety of Air Navigation

    (2004/636/EC)

    THE COUNCIL OF THE EUROPEAN UNION,

    Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof,

    Having regard to the proposal from the Commission,

    Having regard to the assent of the European Parliament (1),

    Whereas:

    (1)

    The congestion of airspace and the forthcoming implementation of the Single European Sky call for urgent measures to be undertaken at Community level and within the framework of the European Organisation for the Safety of Air Navigation (Eurocontrol).

    (2)

    The Community has exclusive competence or competence shared with its Member States in certain areas covered by the Eurocontrol International convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960, as variously amended, and as consolidated by the Protocol opened for signature on 27 June 1997 (the revised Convention). The accession of the Community to Eurocontrol for the purpose of exercising such competence is permitted under Article 40 of the revised Convention.

    (3)

    The Commission has negotiated with the Contracting Parties to Eurocontrol on behalf of the Community a Protocol on the accession of the European Community to Eurocontrol (the Protocol).

    (4)

    The Protocol was signed in Brussels on 8 October 2002 on behalf of the Community, subject to its conclusion.

    (5)

    In keeping with the mutual cooperation obligations of the Community and the Member States, the Community and the Member States which are members of Eurocontrol should simultaneously ratify the Protocol and the revised Convention in order to ensure the full, uniform application of the provisions thereof within the Community.

    (6)

    The Protocol should be approved,

    HAS DECIDED AS FOLLOWS:

    Article 1

    The Protocol on the accession of the European Community to the European Organisation for the Safety of Air Navigation is hereby approved on behalf of the Community.

    The text of the Protocol is attached to this Decision.

    Article 2

    The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of ratification with the Government of the Kingdom of Belgium on behalf of the Community, in accordance with Article 9(2) of the Protocol, together with the declaration of competence attached to this Decision.

    The instrument of ratification of the Protocol by the Community shall be deposited simultaneously with the instruments of ratification of the Protocol and of the revised Convention by all the Member States.

    Done at Luxembourg, 29 April 2004.

    For the Council

    The President

    M. McDOWELL

    (1)  Opinion delivered on 20 April 2004 (not yet published in the Official Journal).

    PROTOCOL

    on the accession of the European Community to the Eurocontrol International Convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960, as variously amended and as consolidated by the Protocol of 27 June 1997

    THE REPUBLIC OF ALBANIA,

    THE FEDERAL REPUBLIC OF GERMANY,

    THE REPUBLIC OF AUSTRIA,

    THE KINGDOM OF BELGIUM,

    THE REPUBLIC OF BULGARIA,

    THE REPUBLIC OF CYPRUS,

    THE REPUBLIC OF CROATIA,

    THE KINGDOM OF DENMARK,

    THE KINGDOM OF SPAIN,

    THE REPUBLIC OF FINLAND,

    THE FRENCH REPUBLIC,

    THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

    THE HELLENIC REPUBLIC,

    THE REPUBLIC OF HUNGARY,

    IRELAND,

    THE ITALIAN REPUBLIC,

    THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,

    THE GRAND DUCHY OF LUXEMBOURG,

    THE REPUBLIC OF MALTA,

    THE REPUBLIC OF MOLDOVA,

    THE PRINCIPALITY OF MONACO,

    THE KINGDOM OF NORWAY,

    THE KINGDOM OF THE NETHERLANDS,

    THE PORTUGUESE REPUBLIC,

    ROMANIA,

    THE SLOVAK REPUBLIC,

    THE REPUBLIC OF SLOVENIA,

    THE KINGDOM OF SWEDEN,

    THE SWISS CONFEDERATION,

    THE CZECH REPUBLIC,

    THE REPUBLIC OF TURKEY,

    and

    THE EUROPEAN COMMUNITY,

    HAVING REGARD to the Eurocontrol International Convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960, as amended by the Additional Protocol of 6 July 1970, in turn amended by the Protocol of 21 November 1978, all amended by the Protocol of 12 February 1981, and as amended and consolidated by the Protocol of 27 June 1997, hereinafter referred to as ‘the Convention’international cooperation, and in particular Article 40 thereof,

    HAVING REGARD to the responsibilities granted by the Treaty establishing the European Community of 25 March 1957, as revised by the Amsterdam Treaty of 2 October 1997, to the European Community in certain areas covered by the Convention,

    HAVE AGREED AS FOLLOWS:

    Article 1

    The European Community, within the framework of its competence, accedes to the Convention on the terms and conditions laid down in this Protocol, in accordance with Article 40 of the Convention.

    Article 2

    For the European Community, within the framework of its competence, the Convention shall apply to en-route air navigation services and related approach and aerodrome services for air traffic in the Flight Information Regions of its Member States listed in Annex II to the Convention, which are within the limits of the territorial applicability of the Treaty establishing the European Community.

    The application of this Protocol to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.

    Application of this Protocol to Gibraltar airport shall be suspended until the arrangements in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 have come into operation. The Governments of Spain and the United Kingdom will inform the other Contracting Parties to this Protocol of such date of entry into operation.

    Article 3

    Subject to the provisions of this Protocol, provisions in the Convention shall be so interpreted as to also include the European Community within the framework of Community competence, and the various terms used to designate the Contracting Parties to the Convention and their representatives are to be understood accordingly.

    Article 4

    The European Community will not contribute to the budget of Eurocontrol.

    Article 5

    Without prejudice to the exercise of its voting rights under Article 6, the European Community shall be entitled to be represented and involved in the work of all bodies of Eurocontrol in which any of its Member States is entitled to be represented as a Contracting Party, and where matters falling within its competence may be dealt with, with the exception of bodies which have an audit function.

    In all bodies of Eurocontrol where it may participate, the European Community will present its positions, within the framework of its competence, in accordance with its institutional rules.

    The European Community may not submit candidates for membership of elected Eurocontrol bodies, nor may it submit candidates for office on the bodies in which it is entitled to participate.

    Article 6

    1.   For decisions in matters where the European Community has exclusive competence and for the purpose of the application of the rules provided for in Article 8 of the Convention, the European Community shall exercise the voting rights of its Member States under the Convention, and the votes and weighted votes so cast by the European Community shall be cumulated for the determination of the majorities provided for in the said Article 8 of the Convention. When the Community votes, its Member States shall not vote.

    For the purpose of deciding on the number of Contracting Parties to the Convention required for a request for decision-making by a three-quarters majority, as stipulated at the end of the first subparagraph of Article 8.2, the Community shall be considered as representing its Member States, which are Members of Eurocontrol.

    2.   A decision proposed with respect to a specific item to be voted on by the European Community shall be postponed if a Contracting Party to the Convention that is not a member of the European Community so requests. The postponement shall be used for consultations between the Contracting Parties to the Convention, assisted by the Eurocontrol Agency, on the decision proposed. In the event of such a request, the taking of the decision may be postponed for a maximum period of six months.

    For decisions in matters where the European Community has no exclusive competence, Member States of the European Community shall vote in accordance with their voting rights as provided for in Article 8 of the Convention, and the European Community shall not vote.

    3.   The European Community shall inform on a case-by-case basis the other Contracting Parties to the Convention of the cases where, with regard to the various items of the agendas of the General Assembly, the Council and other deliberating bodies to which the General Assembly and the Council have delegated powers, it will exercise the voting rights provided for in paragraph 1 above. This obligation shall also apply when decisions are taken by correspondence.

    Article 7

    The scope of the competence transferred to the Community is indicated in general terms in a written declaration made by the European Community at the time of the signature of this Protocol.

    This declaration may be modified as appropriate by notification from the European Community to Eurocontrol. It does not replace or in any way limit the matters that may be covered by the notifications of Community competence to be made prior to Eurocontrol decision-making by means of formal voting or otherwise.

    Article 8

    Article 34 of the Convention shall apply to any dispute arising between two or more Contracting Parties to this Protocol or between one or more Contracting Parties to this Protocol and Eurocontrol relating to the interpretation, application or performance of this Protocol, including its existence, validity and termination.

    Article 9

    1.   This Protocol shall be opened for signature by all States signatories to the Protocol consolidating the Eurocontrol International Convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960, as variously amended, opened for signature on 27 June 1997, hereinafter referred to as ‘the Consolidating Protocol’, and the European Community.

    It shall also be opened, prior to the date of its entry into force, for signature by any State, duly authorised to sign the Consolidating Protocol, in accordance with Article II of that Protocol.

    2.   This Protocol shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Government of the Kingdom of Belgium.

    3.   This Protocol shall enter into force when it has been ratified, accepted or approved, on the one hand, by all signatory States that are also signatories to the Consolidating Protocol and whose ratification, acceptance or approval is required for the entry into force of the Consolidating Protocol, and on the other hand, by the European Community, on the first day of the second month after the deposit of the last instrument of ratification, acceptance or approval, provided that the Consolidating Protocol has come into force on that date. Where this condition is not met, it shall enter into force on the same date as the Consolidating Protocol.

    4.   This Protocol shall enter into force with respect to such signatories that have deposited their instruments of ratification, acceptance or approval after its entry into force on the first day of the second month following the deposit of the relevant instruments of ratification, acceptance or approval.

    5.   The Government of the Kingdom of Belgium shall notify the Governments of the other signatory States of this Protocol and the European Community of each signature, each deposit of an instrument of ratification, acceptance or approval and each date of entry into force of this Protocol pursuant to paragraphs 3 and 4.

    Article 10

    Each accession to the Convention after its entry into force shall represent also consent to be bound by this Protocol. The provisions of Articles 39 and 40 of the Convention shall also apply to this Protocol.

    Article 11

    1.   This Protocol shall remain in force for an indefinite period.

    2.   If all Eurocontrol Member States which are Members of the European Community withdraw from Eurocontrol, notification of withdrawal from the Convention, as well as from this Protocol, shall be considered to have been given by the European Community together with the notification of withdrawal, under Article 38(2) of the Convention of the last Member State of the European Community withdrawing from Eurocontrol.

    Article 12

    The Government of the Kingdom of Belgium shall have this Protocol registered with the Secretary General of the United Nations pursuant to Article 102 of the Charter of the United Nations and with the Council of the International Civil Aviation Organisation pursuant to Article 83 of the Convention on International Civil Aviation signed in Chicago on 7 December 1944.

    IN WITNESS WHEREOF, the undersigned Plenipotentiaries, having presented their Full Powers, found to be in good and due form, have signed this Protocol.

    DONE at Brussels, this eighth day of October 2002 in each of the official languages of the Signatory States, in a single original, which shall remain deposited in the archives of the Government of the Kingdom of Belgium, which shall transmit certified copies to the Governments of the other Signatory States and to the European Community. In the case of any inconsistency, the text in the French language shall prevail.

    Declaration concerning the competence of the European Community in respect of matters covered by the Eurocontrol International Convention

    In accordance with the relevant Articles of the EC Treaty, as interpreted by the Court of Justice of the European Communities, this declaration indicates the competence of the European Community in matters covered by the Eurocontrol International Convention.

    A.   GENERAL PRINCIPLES

    1.

    		 The exercise of competence which the Member States have transferred to the Community pursuant to the EC Treaty is, by its nature, liable to develop constantly. In the framework of the Treaty, the competent institutions may take decisions which determine the extent of the competence of the European Community. The European Community therefore reserves the right to amend this declaration accordingly, without this constituting a prerequisite for the exercise of its competence in Eurocontrol.

    2.

    		 In relation to Eurocontrol, only the external competence of the European Community is relevant. It follows that, unless the competent institutions explicitly decide to exercise directly an external competence on the basis of the Treaty in a given area, the European Community has exclusive competence only to the extent that its internal legislation is affected by international agreements or other rules established in the framework of international cooperation (1).

    B.   COMPETENCE EXERCISED BY THE EUROPEAN COMMUNITY

    1.   Areas of competence in the field of air traffic management

    (a)

    Standardisation: this covers the harmonisation of technical specifications in general and those related to equipment and systems used for the provision of air traffic services in particular (Articles 95 and 80 of the EC Treaty).

    In this area, the most important legal instruments adopted by the European Community are Council Regulation (EEC) No 3922/91 (2), Council Directive 93/65/EEC (3) and Directive 98/34/EC of the European Parliament and of the Council (4);

    (b)

    Policy on research and technological development (Articles 163 to 173 of the EC Treaty).

    In this area, currently, the most important legal instruments adopted by the European Community are Decision No 1513/2002/EC of the European Parliament and of the Council (5), Council Decision 2002/834/EC (6) and Council Decision 2002/835/EC (7). These mainly cover basic research (universities, research institutes) and both research and technological development relating to aeronautics and telematics, including air traffic management systems and equipment;

    (c)

    Trans-European networks (Articles 154 to 156 of the EC Treaty): these include transport, telecommunications and energy with the aim to ensure interoperability and compatibility of national networks by means of collective planning, financial incentives and interoperability standards.

    In this area, the most important legal instruments adopted by the European Community are Decision No 1692/96/EC of the European Parliament and of the Council (8) and Council Regulation (EC) No 2236/95 (9);

    (d)

    Policy on harmonisation of radio spectrum: the aim in particular is to establish a policy and legal framework in order to ensure the coordination of policy approaches and harmonised conditions with regard to the availability and efficient use of the radio spectrum necessary for the establishment and functioning of the internal market in Community policy areas such as electronic communications, transport and research and development.

    In this area, the most important legal instrument adopted by the European Community is Decision No 676/2002/EC of the European Parliament and of the Council (10).

    2.   Areas of competence in the field of air transport

    The air transport policy (Article 80(2) of the EC Treaty and subsequent legislation) has the objective to facilitate the provision of transport services within the Community, promote safety and security and contribute to the efficient functioning of the internal market.

    In this area, the most important legal instruments adopted by the European Community are Council Regulations (EEC) No 2407/92 (11), (EEC) No 2408/92 (12), (EEC) No 2409/92 (13) and (EEC) No 95/93 (14), and Regulations (EC) No 1592/2002 (15) and (EC) No 2320/2002 (16) of the European Parliament and of the Council, implemented by Commission Regulation (EC) No 622/2003 (17), Regulation (EC) No 437/2003 of the European Parliament and of the Council (18) and Directive 2003/42/EC of the European Parliament and of the Council (19).

    3.

    		 It may also occur that a measure to be taken by Eurocontrol affects established rules of general Community policies such as competition, free movement of goods and services (including public procurement and data protection), environmental protection, social policy and economic and social cohesion.

    C.   Member States' competence

    1.

    		 When the European Community has not established internal rules and it has not been decided to exercise directly an external competence, the competence rests with its Member States.

    2.

    		 The Treaty does not confer to the European Community competence with regard to issues of national security and defence; the design and use of airspace for military purposes therefore fall outside the scope of the competence of the European Community.

    (1)  As established by the Court of Justice in Opinions 1/94 [1994] ECR I-5267, 2/91 [1993] ECR I-1061 and 1/76 [1977] ECR 741, and in Case 22/71 [1971] ECR 949.

    (2)   OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Regulation (EC) No 1592/2002 of the European Parliament and of the Council (OJ L 240, 7.9.2002, p. 1).

    (3)   OJ L 187, 29.7.1993, p. 52. Directive as last amended by Commission Regulation (EC) No 2082/2000 (OJ L 254, 9.10.2000, p. 1).

    (4)   OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).

    (5)   OJ L 232, 29.8.2002, p. 1.

    (6)   OJ L 294, 29.10.2002, p. 1.

    (7)   OJ L 294, 29.10.2002, p. 44.

    (8)   OJ L 228, 9.9.1996, p. 1. Decision as amended by Decision 1346/2001/EC (OJ L 185, 6.7.2001, p. 1).

    (9)   OJ L 228, 23.9.1995, p. 1. Regulation as amended by Regulation (EC) No 1655/1999 of the European Parliament and of the Council (OJ L 197, 29.7.1999, p. 1).

    (10)   OJ L 108, 24.4.2002, p. 1.

    (11)   OJ L 240, 24.8.1992, p. 1.

    (12)   OJ L 240, 24.8.1992, p. 8. Regulation as amended by the Act of Accession of Austria, Finland and Sweden.

    (13)   OJ L 240, 24.8.1992, p. 15.

    (14)   OJ L 14, 22.1.1993, p. 1. Regulation as last amended by Regulation (EC) No 1554/2003 of the European Parliament and of the Council (OJ L 221, 4.9.2003, p. 1).

    (15)   OJ L 240, 7.9.2002, p. 1.

    (16)   OJ L 355, 30.12.2002, p. 1.

    (17)   OJ L 89, 5.4.2003, p. 9.

    (18)   OJ L 66, 11.3.2003, p. 1. Regulation as amended by Commission Regulation (EC) No 1358/2003 (OJ L 194, 1.8.2003, p. 9).

    (19)   OJ L 167, 4.7.2003, p. 23.

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