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Document 01997A0716(01)-20210901
EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part
Consolidated text: EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part
EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part
ELI: http://data.europa.eu/eli/agree_internation/1997/430/2021-09-01
01997A0716(01) — EN — 01.09.2021 — 003.001
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EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT (OJ L 187 16.7.1997, p. 3) |
Amended by:
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Official Journal |
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No |
page |
date |
||
L 2 |
6 |
5.1.2005 |
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DECISION No 1/2009 OF THE EC-PLO JOINT COMMITTEE of 24 June 2009 |
L 298 |
1 |
13.11.2009 |
|
L 328 |
5 |
10.12.2011 |
||
DECISION No 1/2014 of the EU-PLO JOINT COMMITTEE of 8 May 2014 |
L 347 |
42 |
3.12.2014 |
|
DECISION No 1/2016 OF THE EU-PLO JOINT COMMITTEE of 18 February 2016 |
L 205 |
24 |
30.7.2016 |
|
DECISION No 1/2021 OF THE EU-PLO JOINT COMMITTEE of 30 August 2021 |
L 328 |
23 |
16.9.2021 |
EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT
on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part
The EUROPEAN COMMUNITY,
hereinafter referred to as ‘the Community’,
of the one part,
and the PALESTINE LIBERATION ORGANIZATION (PLO) FOR THE BENEFIT OF THE PALESTINIAN AUTHORITY OF THE WEST BANK AND THE GAZA STRIP, hereinafter referred to as ‘the Palestinian Authority’,
of the other part,
CONSIDERING the importance of the existing links between the Community and the Palestinian people of the West Bank and the Gaza Strip, and the common values that they share,
CONSIDERING that the Community and the PLO 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 their relations,
DESIROUS of strengthening the framework of relations between the European Community and the Middle East, and of regional economic integration of the Middle Eastern countries as an objective to be achieved as soon as conditions permit,
CONSIDERING the difference in economic and social development existing between the Parties and the need to intensify existing efforts to promote economic and social development in the West Bank and the Gaza Strip,
DESIROUS of establishing a cooperation, supported by a regular dialogue, on economic, cultural, scientific and educational matters with a view to improving mutual knowledge and understanding,
CONSIDERING the commitment of the Parties to free trade, and in particular to compliance with the provisions of the General Agreement on Tariffs and Trade of 1994,
DESIROUS of building on the existing autonomous trade arrangements between the Parties and placing them on a contractual and reciprocal basis,
CONVINCED of the need to promote the creation of a new climate for their economic relations in order to improve the environment for investment flows,
CONSIDERING the rights and obligations of the parties under the international agreements which they have signed,
CONVINCED that the full participation of the Palestinian Authority in the Euro-Mediterranean Partnership launched at the Barcelona Conference is an important step in the normalization of relations between the Parties, which should be reflected in an Agreement on an interim basis at the present stage,
AWARE of the major political significance of the holding of Palestinian elections on 20 January 1996 for the process leading to a permanent settlement based on United Nations Security Council Resolutions 242 and 338,
RECOGNIZING that this Agreement should be replaced by a Euro-Mediterranean Association Agreement as soon as conditions permit,
HAVE AGREED AS FOLLOWS:
Article 1
The objectives of this Agreement are:
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
FREE MOVEMENT OF GOODS
BASIC PRINCIPLES
Article 3
The Community and the Palestinian Authority shall establish progressively a free trade area over a transitional period, not extending beyond 31 December 2001, 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 Organization (WTO), hereinafter referred to as the GATT.
CHAPTER 1
INDUSTRIAL PRODUCTS
Article 4
The provisions of this Chapter shall apply to products originating in the European Union and in the West Bank and the Gaza Strip other than those listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT. However, this Chapter shall continue to apply to chemically pure lactose of CN code 1702 11 00 and glucose and glucose syrup, containing in the dry state 99 % or more by weight of glucose of CN codes ex 1702 30 50 and ex 1702 30 90 .
Article 5
No new customs duty on imports, or any other charge having equivalent effect, shall be introduced on trade between the Community and the West Bank and Gaza Strip.
Article 6
Imports into the Community of products originating in the West Bank and the Gaza Strip shall be allowed free of customs duties and of any other charge having equivalent effect and free of quantitative restrictions and of any other measure having equivalent effect.
Article 7
The provisions of Chapter 2 applicable to agricultural products shall apply mutatis mutandis to the agricultural component.
Article 8
From the entry into force of the Agreement, for the products originating in the Community listed in Annex 3 imported into the West Bank and the Gaza Strip, the Palestinian Authority may levy fiscal charges not exceeding 25 % by value. These charges shall be gradually abolished in accordance with the following schedule:
Article 9
The provisions concerning the abolition of customs duties on imports shall also apply to customs duties of a fiscal nature.
Article 10
CHAPTER 2
AGRICULTURAL PRODUCTS, PROCESSED AGRICULTURAL PRODUCTS AND FISH AND FISHERY PRODUCTS
Article 11
The provisions of this Chapter shall apply to products originating in the European Union and in the West Bank and the Gaza Strip listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT, with exception of chemically pure lactose of CN code 1702 11 00 and of glucose and glucose syrup, containing in the dry state, 99 % or more by weight of glucose of CN codes ex 1702 30 50 and ex 1702 30 90 , for which duty free market access was already granted within Chapter 1.
Article 12
The European Union and the Palestinian Authority shall progressively establish greater liberalisation of their trade in agricultural products, processed agricultural products and fish and fishery products of interest to both Parties.
Article 13
Article 14
CHAPTER 3
COMMON PROVISIONS
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of GATT, it may take appropriate measures against this practice in accordance with the Agreement on implementation of Article VI of the GATT and with its relevant internal legislation, under the conditions and in accordance with the procedures laid down in Article 23 of this Agreement.
Article 21
Where any product is being imported in such increased quantities and under such conditions as to cause or threaten to cause:
the Party concerned may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 23.
Article 22
Where compliance with the provisions of Article 15 (3) leads to:
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
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 under the conditions and in accordance with the procedures laid down in Article 23. The measures shall be non-discriminatory and be eliminated when conditions no longer justify their maintenance.
Article 23
In the selection of appropriate measures, priority must be given to those which least disturb the functioning of the Agreement.
The safeguard measures shall be notified immediately to the Joint Committee and shall be the subject of periodic consultations within that Committee, particularly with a view to their abolition as soon as circumstances permit.
For the implementation of paragraph 2, the following provisions shall apply:
As regards Article 20, the exporting Party shall be informed of the dumping case as soon as the authorities of the importing Party have initiated an investigation. When no end has been put to the dumping within the meaning of Article VI of GATT or no other satisfactory solution has been reached within 30 days of the notification being made, the importing Party may adopt the appropriate measures.
As regards Article 21, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Joint Committee, which may take any decision needed to put an end to such difficulties.
If the Joint Committee or the exporting Party has not taken a decision putting an end to the difficulties or no other satisfactory solution has been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures to remedy the problem. These measures shall not exceed the scope of what is necessary to remedy the difficulties which have arisen.
As regards Article 22, the difficulties arising from the situations referred to in that Article shall be referred for examination to the Joint 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.
Where exceptional circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Party concerned may, in the situations specified in Articles 20, 21 and 22 apply forthwith such precautionary measures as are strictly necessary to remedy the situation, and shall inform the other Party immediately.
Article 23bis
Temporary Withdrawal of Preferences
For the purpose of this Article a failure to provide administrative cooperation/assistance shall mean, inter alia:
a repeated failure to respect the obligations to verify the originating status of the product(s) concerned;
a repeated refusal or undue delay in carrying out and/or communicating the results of subsequent verification of the proof of origin;
a repeated refusal or undue delay in obtaining authorisation to conduct enquiry visits to determine the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question.
The application of a temporary suspension shall be subject to the following conditions:
The Party which has made a finding, on the basis of objective information, of a failure to provide administrative cooperation/assistance and/or of irregularities or fraud shall without undue delay notify the Joint Committee of its finding together with the objective information and enter into consultations within the Joint Committee, on the basis of all relevant information and objective findings, with a view to reaching a solution acceptable to both Parties.
Where the Parties have entered into consultations within the Joint Committee and have failed to agree on an acceptable solution within 3 months following the notification, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned. A temporary suspension shall be notified to the Joint Committee without undue delay.
Temporary suspensions under this Article shall be limited to that necessary to protect the financial interests of the Party concerned. They shall not exceed a period of 6 months, which may be renewed if at the date of expiry nothing has changed with respect to the conditions that gave rise to the initial suspension. They shall be subject to periodic consultations within the Joint Committee, in particular with a view to their termination as soon as the conditions for their application no longer apply.
Each Party shall publish according to its internal procedures, in the case of the European Union in the Official Journal of the European Union, notices to importers concerning any: notification referred to in paragraph 5 (a); decision referred to in paragraph 5 (b); and extension or termination referred to in paragraph 5 (c).
Article 24
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, industrial and commercial 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 25
The concept of ‘originating products’ for the application of the provisions of the present Title and the methods of administrative cooperation relating to them are set out in Protocol 3. The Joint Committee may decide to make the necessary adaptations to this Protocol with a view to the implementation of cumulation of origin as agreed in the Declaration adopted at the Barcelona Conference.
Article 26
The combined nomenclature shall be used for the classification of goods in the trade between the Parties.
TITLE II
PAYMENTS, CAPITAL, COMPETITION, INTELLECTUAL PROPERTY AND PUBLIC PROCUREMENT
CHAPTER 1
CURRENT PAYMENTS AND MOVEMENT OF CAPITAL
Article 27
Subject to the provisions of Article 29, the Parties undertake to impose no restrictions on any current payments for current transactions.
Article 28
Article 29
Where one or more Member States of the Community, or the Palestinian Authority, is in serious balance of payments difficulties, or under threat thereof, the Community or the Palestinian Authority, as the case may be, may, in accordance with the conditions established under the GATT and Articles VIII and XIV of the Articles of Agreement of the International Monetary Fund, adopt restrictions on current transactions which shall be of limited duration and may not go beyond what is necessary to remedy the balance of payments situation.
The Community or the Palestinian Authority, as the case may be, shall inform the other Party forthwith and shall submit to it as soon as possible a timetable for the elimination of the measures concerned.
CHAPTER 2
COMPETITION, INTELLECTUAL PROPERTY AND PUBLIC PROCUREMENT
Article 30
The following are incompatible with the proper functioning of the Agreement, insofar as they may affect trade between the Community and the Palestinian Authority:
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;
abuse by one or more undertakings of a dominant position in the territories of the Community or the West Bank and the Gaza Strip as a whole or in a substantial part thereof;
any public aid which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods.
Until these rules are adopted, the provisions of the Agreement on Subsidies and Countervailing Measures shall be applied as the rules for the implementation of paragraph 1 (iii) and the relevant parts of paragraph 2.
With regard to products referred to in Title I, Chapter 2:
If the Community or the Palestinian Authority considers that a particular practice is incompatible with the terms of paragraph 1 of this Article, and:
it may take appropriate measures after consultation within the Joint Committee or after 30 working days following referral for such consultation.
With reference to practices incompatible with paragraph 1 (iii) of this Article, such appropriate measures, when the GATT is applicable to them, may only be adopted in accordance with the procedures and under the conditions laid down by GATT or by any other relevant instrument negotiated under its auspices and applicable between the Parties.
Article 31
The Member States and the Palestinian Authority shall progressively adjust, without prejudice to their commitments to the GATT where appropriate, any State monopolies of a commercial character, so as to ensure that, by 31 December 2001, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and the Palestinian people of the West Bank and Gaza Strip. The Joint Committee will be informed about the measures adopted to implement this objective.
Article 32
With regard to public enterprises and enterprises to which special or exclusive rights have been granted, the Joint Committee shall ensure that by 31 December 2001 there is neither enacted nor maintained any measure distorting trade between the Community and the Palestinian Authority contrary to the Parties’ interests. This provision should not obstruct the performance in law or in fact of the particular tasks assigned to those undertakings.
Article 33
Article 34
TITLE III
ECONOMIC COOPERATION AND SOCIAL DEVELOPMENT
Article 35
Objectives
Article 36
Scope
Article 37
Methods and modalities
Economic cooperation shall be implemented in particular by:
a regular economic dialogue between the Parties, which covers all areas of macro-economic policy and in particular budgetary policy, the balance of payments and monetary policy;
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;
encouragement of joint ventures;
dissemination of information on cooperation.
Article 38
Industrial cooperation
The main aim will be to:
Article 39
Investment promotion and investment
The objective of cooperation will be the creation of a favourable and stable environment for investment in the West Bank and Gaza Strip.
Cooperation will take the form of promotion of investment. This will entail the development of:
Cooperation may also extend to the conception and implementation of projects demonstrating the effective acquisition and use of basic technologies, the use of standards, the development of human resources (e.g. in technologies and management) and the creation of jobs.
Article 40
Standardization and conformity assessment
The objective of cooperation will be to narrow the gap in standards and certification.
In practical terms cooperation will take the form of:
Article 41
Approximation of laws
The objective of cooperation will be to approximate Palestinian Council legislation to that of the Community, in the areas covered by the Agreement.
Article 42
Small and medium-sized enterprises
The objective of cooperation will be the creation of an environment propitious to the development of SMEs on local and export markets through, inter alia:
Article 43
Financial services
The objective of cooperation will be the improvement and development of financial services.
It will take the form of:
Article 44
Agriculture and fisheries
The objective of cooperation under this heading will mainly be the modernization and restructuring, where necessary, of agriculture and fisheries.
This includes modernization of infrastructures and of equipment; the development of packaging, storage and marketing techniques; and the improvement of distribution channels.
It will be geared more especially to:
Article 45
Social development
The Parties acknowledge the importance of social development which should go hand-in-hand with any economic development. They give particular priority to respect for basic social rights.
The Parties will give priority to measures aimed at:
Article 46
Transport
The objectives of cooperation will be:
The priority areas of cooperation will be:
Article 47
Information infrastructure and telecommunications
Cooperation shall aim at stimulating economic and social development as well as developing an information society.
The priority areas of cooperation will be:
Article 48
Energy
The objective of cooperation on energy will be to help the West Bank and Gaza Strip acquire the technologies and infrastructures essential to its development, particularly with a view to facilitating links between its economy and that of the Community.
The priority areas of cooperation will be:
Article 49
Scientific and technological cooperation
The Parties will endeavour to promote cooperation on scientific and technological development.
The aim of cooperation shall be to:
encourage the establishment of permanent links between the Parties’ scientific communities, notably by means of:
improve Palestinian research capabilities;
stimulate technological innovation and the transfer of new technology and know-how;
encourage all activities aimed at establishing synergy at regional level.
Article 50
Environment
The objectives of cooperation will be to prevent deterioration of the environment, to control pollution, to protect human health and to ensure the rational use of natural resources with a view to promoting sustainable development.
It will place priority on matters relating to: desertification, water resource management, salinization, the impact of agriculture on soil and water quality, the appropriate use of energy, the impact of industrial development in general and the safety of industrial plant in particular, waste management, the integrated management of sensitive areas, the quality of sea water and the control and prevention of marine pollution, and environmental education and awareness.
Cooperation shall be fostered by the use of advanced tools of environmental management, environmental monitoring methods, and surveillance, including the use of environmental information systems (EIS) and environmental impact assessment (EIA).
Article 51
Tourism
Priorities for cooperation shall be:
Article 52
Customs cooperation
Customs cooperation is intended to ensure that the provisions on trade are observed and to guarantee fair trading.
It could give rise to the following types of cooperation:
Without prejudice to other forms of cooperation provided for in this Agreement, the administrative authorities of the Parties will provide each other with mutual assistance on customs matters.
Article 53
Cooperation on statistics
The main objective of cooperation in this domain should aim to ensure the comparability and usefulness of statistics on foreign trade, finance and balance of payments, population, migration, transport and communications, and generally all the fields which are covered by this Agreement and lend themselves to the establishment of statistics.
Article 54
Cooperation on economic policy
Cooperation is aimed at:
Article 55
Regional cooperation
As part of the implementation of economic cooperation in the various spheres, the Parties will encourage operations designed to develop cooperation between the Palestinian Authority and other Mediterranean partners, through technical support.
This cooperation will be an important element of the Community’s support for the development of the region as a whole.
Priority will be given to operations aimed at:
In addition the Parties will strengthen cooperation between them on regional development and land-use planning.
To this end the following measures may be taken:
TITLE IV
COOPERATION ON AUDIOVISUAL AND CULTURAL MATTERS, INFORMATION AND COMMUNICATION
Article 56
The Parties shall promote cooperation in the audiovisual sector to their mutual benefit. The Parties shall seek ways of associating the Palestinian Authority with Community initiatives in this sector, thus enabling cooperation in areas such as co-production, training, development and distribution.
Article 57
The Parties shall promote cultural cooperation. The area of cooperation may include Community activities concerning, in particular, translation, exchange of works of art and artists, conservation and restoration of historic and cultural monuments and sites, training of persons working in the cultural field, the organization of European-oriented cultural events, raising mutual awareness and contributing to the dissemination of information on outstanding cultural events.
Article 58
The Parties will undertake to determine how to improve significantly the education and vocational training situation. To this end, the access of women to education, including technical courses, higher education and vocational training, will receive special attention.
In order to develop the level of expertise of senior staff in the public and private sectors, the Parties will step up their cooperation on education and vocational training and cooperation between universities and firms.
Preparing young people to become active citizens in democratic civil society should be actively promoted. Youth cooperation, including training of youth workers and youth leaders, youth exchanges and voluntary service activities, could therefore be supported and developed.
Special attention will be paid to operations and programmes which will enable permanent links (MED-CAMPUS, for instance) to be established between specialized bodies in the Community and in the West Bank and Gaza Strip, such as will encourage the pooling and exchange of experience and technical resources.
Article 59
The Parties shall promote activities of mutual interest in the field of information and communication.
Article 60
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 and experience and training of young Palestinian graduates;
implementation of joint actions such as seminars and workshops;
technical, administrative and regulatory assistance;
the dissemination of information on cooperation activities.
TITLE V
FINANCIAL COOPERATION
Article 61
In order to achieve the objectives of this Agreement, a financial cooperation package shall be made available to the Palestinian Authority in accordance with the appropriate procedures and the financial resources required.
These procedures shall be agreed by both Parties using the most appropriate instruments after this Agreement has entered into force.
Financial cooperation shall focus on:
Article 62
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 III to give particular attention to monitoring trade and financial flows in relations between them.
TITLE VI
INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
Article 63
The decisions taken shall be binding on the Parties, which shall take such measures as are required to implement them.
Article 64
Article 65
Article 66
Article 67
The Joint Committee 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 arbitrator.
Article 68
Nothing in the Agreement shall prevent a Party from taking any measures:
which it considers necessary to prevent the disclosure of information contrary to its essential security interests;
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;
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 69
In the fields covered by this Agreement and without prejudice to any special provisions contained therein:
Article 70
In the selection of measures, priority must be given to those which least disturb the functioning of the Agreement. These measures shall be notified immediately to the Joint Committee and shall be the subject of consultations within the Joint Committee if the other Party so requests.
Article 71
Annexes 1 to 3 and Protocols 1 to 3 shall form an integral part of this Agreement.
Declarations shall appear in the Final Act, which shall form an integral part of this Agreement.
Article 72
For the purpose of this Agreement the term ‘Parties’ shall mean the PLO for the benefit of the Palestinian Authority and the Community, which shall each act in accordance with their respective powers.
Article 73
This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the West Bank and the Gaza Strip.
Article 74
This Agreement, drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish, and Arabic languages, each of these texts being equally authentic, shall be deposited with the General Secretariat of the Council of the European Union.
Article 75
This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other that the procedures referred to in the first paragraph have been completed.
Hecho en Bruselas, el veinticuatro de febrero de mil novecientos noventa y siete.
Udfærdiget i Bruxelles den fireogtyvende februar nitten hundrede og syv og halvfems.
Geschehen zu Brüssel am vierundzwanzigsten Februar neunzehnhundertsiebenundneunzig.
Έγινε στις Βρυξέλλες, στις είκοσι τέσσερις Φεβρουαρίου χίλια εννιακόσια ενενήντα επτά.
Done at Brussels on the twenty-fourth day of February in the year one thousand nine hundred and ninety-seven.
Fait à Bruxelles, le vingt-quatre février mil neuf cent quatre-vingt-dix-sept.
Fatto a Bruxelles, addì ventiquattro febbraio millenovecentonovantasette.
Gedaan te Brussel, de vierentwintigste februari negentienhonderd zevenennegentig.
Feito em Bruxelas, em vinte e quatro de Fevereiro de mil novecentos e noventa e sete.
Tehty Brysselissä kahdentenakymmenentenäneljäntenä päivänä helmikuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäseitsemän.
Som skedde i Bryssel den tjugofjärde februari nittonhundranittiosju.
Por la Comunidad Europea
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Για την Ευρωπαϊκή 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
List of Annexes
Annex 1: |
Products referred to in Article 7 (1) |
Annex 2: |
Products referred to in Article 7 (2) |
Annex 3: |
Products referred to in Article 8 (2) |
ANNEX 1
PRODUCTS REFERRED TO IN ARTICLE 7(1)
CN code |
Description |
0403 0403 10 51 to 0403 10 99 0403 90 71 to 0403 90 99 |
Buttermilk, curdled milk and cream, yogurt, 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: Yoghurt, flavoured or containing added fruit, nuts or cocoa Other, flavoured or containing added fruit, nuts or cocoa |
0710 40 00 0711 90 30 |
Sweetcorn (uncooked or cooked by steaming or boiling in water), frozen Sweetcorn 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 |
ex 15 17 |
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 No 1516 : |
1517 10 10 1517 90 10 |
Margarine, excluding liquid margarine, containing more than 10 % but not more than 15 % by weight of milk fats Other, containing more than 10 % but not more than 15 % by weight of milk fats |
ex 17 04 |
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 |
1806 |
Chocolate and other food preparation containing cocoa |
ex 19 01 |
Malt extract; food preparation 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 Nos 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, excluding preparations falling within CN code 1901 90 91 |
ex 19 02 |
Pasta, excluding stuffed pasta falling within CN codes 1902 20 10 and 1902 20 30 ; couscous, whether or not prepared |
1903 |
Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms |
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 |
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 |
2001 90 30 |
Sweetcorn (Zea mays var. saccharata), prepared or preserved by vinegar or acetic acid |
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 |
2004 10 91 |
Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid, frozen |
2004 90 10 |
Sweetcorn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, frozen |
2005 20 10 |
Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen |
2005 80 00 |
Sweetcorn ( Zea mays var. saccharata ), prepared or preserved otherwise than by vinegar or acetic acid, not frozen |
2008 92 45 |
Preparations of the Müsli type based on unroasted cereal flakes |
2008 99 85 |
Maize (corn), other than sweetcorn (Zea mays var. saccharata) otherwise prepared or preserved, not containing added spirit or added sugar |
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 |
2101 10 98 |
Preparations with a basis of coffee |
2101 20 98 |
Preparations with a basis of tea or maté |
2101 30 19 |
Roasted coffee substitutes excluding roasted chicory |
2101 30 99 |
Extracts, essences and concentrates of roasted coffee substitutes excluding those of roasted chicory |
2102 10 31 to 2102 10 39 |
Bakers’ yeasts |
ex 21 03 |
Sauces and preparations therefor: — Mayonnaise |
2105 |
Ice cream and other edible ice, whether or not containing cocoa |
ex 21 06 |
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 |
22 029 091 22 029 095 22 029 099 |
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 |
2905 43 00 |
Mannitol |
2905 44 |
D-Glucitol (sorbitol) |
ex 3505 10 |
Dextrins and other modified starches, excluding esterified and etherified starches of CN code 3505 10 50 |
3505 20 |
Glues based on starches or on dextrins or other modified starches |
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 |
3823 60 |
Sorbitol other than that of CN code 2905 44 |
ANNEX 2
PRODUCTS REFERRED TO IN ARTICLE 7 (2)
CN code |
Description |
1902 A В 1905 10 1905 20 90 А В |
Pasta and couscous: — of durum wheat — other Crisp bread Gingerbread and the like, not especially for diabetics: — containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content — other |
ex 30 00 А A1 A1a A1b A2 A2a A2b |
Waffles and wafers — not filled, whether or not coated — containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content — other — other — containing not less than 1,5 % milk fats or not less than 2,5 % of milk proteins — other |
1905 40 10 A В |
Rusk, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit, cocoa or similar: — containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content — other |
1905 ex 30 00 ) В + 9019 ) B1 В2 В2а B2b ВЗ |
Other bakers’ wares, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit, cocoa or similar: — containing added eggs, not less than 2,5 % by weight — containing added dried fruits or nuts: — containing not less than 1,5 % milk fats and not less than 2,5 % milk proteins; see Annex V — other — containing less than 10 % by weight of added sugar and not containing added eggs, dried fruits or nuts |
ANNEX 3
PRODUCTS REFERRED TO IN ARTICLE 8 (2)
CN code |
Description |
1704 90 39/05 1806 32 00/2 1905 90 90/7 2005 20 90/6 6208 51 00/2 6302 60 00 |
Candies and lollipops Chocolate Biscuits and wafers Chips and snacks Terry bath robes Towels |
List of Protocols
Protocol 1 concerning the provisional arrangements applicable to imports into the European Union of agricultural products, processed agricultural products and fish and fishery products originating in the West Bank and the Gaza Strip
Protocol 2 on the arrangements applying to imports into the West Bank and the Gaza Strip of agricultural products, processed agricultural products and fish and fishery products originating in the European Union
Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
PROTOCOL 1
concerning the provisional arrangements applicable to imports into the European Union of agricultural products, processed agricultural products and fish and fishery products originating in the West Bank and the Gaza Strip
1. Customs duties and charges having equivalent effect (including their agricultural component), which are applicable on the import into the European Union of products originating in the West Bank and the Gaza Strip and listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT, with exception of chemically pure lactose of CN code 1702 11 00 and of glucose and glucose syrup, containing in the dry state, 99 % or more by weight of glucose of CN codes ex 1702 30 50 and ex 1702 30 90 covered by Chapter 1, shall be temporarily eliminated in accordance with the provisions of point C.1(a) of the Agreement in the form of Exchange of Letters between the European Union and the Palestinian Authority providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending this Agreement, signed in 2011.
2. Notwithstanding the conditions under point 1 of this Protocol, for the products to which an entry price applies in accordance with Article 140a of Council Regulation (EC) No 1234/2007 ( 1 ), and for which the Common Customs Tariff provides for the application of ad valorem customs duties and a specific customs duty, the elimination applies only to the ad valorem part of the duty.
ANNEX TO PROTOCOL 1
CN Code (1) |
Description (2) |
Reduction of the MFN customs duty (%) (3) |
Tariff quota (t, unless otherwise indicated) |
Reduction of the MFN customs duty beyond current or possible tariff quota (%) (3) |
Reference quantity (t, unless otherwise indicated) |
Specific provisions |
a |
b |
c |
d |
e |
||
0409 00 00 |
Natural honey |
100 |
500 |
0 |
|
point 4 — yearly increase of 250 t |
ex 0603 10 |
Cut flowers and flower buds, fresh |
100 |
2 000 |
0 |
|
point 4 — yearly increase of 250 t |
0702 00 00 |
Tomatoes, fresh or chilled, from 1 December to 31 March |
100 |
|
60 |
2 000 |
|
ex 0703 10 |
Onions, fresh or chilled, from 15 February to 15 May |
100 |
|
60 |
|
|
0709 30 00 |
Aubergines (eggplants), fresh or chilled, from 15 January to 30 April |
100 |
|
60 |
3 000 |
|
ex 0709 60 |
Fruits of the genus Capsicum or of the genus Pimenta, fresh or chilled: |
|
|
|
|
|
0709 60 10 |
Sweet peppers |
100 |
|
40 |
1 000 |
|
0709 60 99 |
Other |
100 |
|
80 |
|
|
0709 90 70 |
Courgettes, fresh or chilled, from 1 December to end of February |
100 |
|
60 |
300 |
|
ex 0709 90 90 |
Wild onions of the species Muscari comosum, fresh or chilled, from 15 February to 15 May |
100 |
|
60 |
|
|
0710 80 59 |
Fruits of the genus Capsicum or Pimenta, other than sweet peppers, uncooked or cooked by steaming or boiling in water, frozen |
100 |
|
80 |
|
|
0711 90 10 |
Fruits of the genus Capsicum or Pimenta, other than sweet peppers, provisionally preserved but unsuitable in that state for immediate consumption |
100 |
|
80 |
|
|
0712 31 00 0712 32 00 0712 33 00 0712 39 00 |
Mushrooms, wood ears (Auricularia spp.), jelly fungi (Tremella spp.) and truffles, dried |
100 |
500 |
0 |
|
|
ex 0805 10 |
Oranges, fresh |
100 |
|
60 |
25 000 |
|
ex 0805 20 |
Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids, fresh |
100 |
|
60 |
500 |
|
0805 40 00 |
Grapefruit |
100 |
|
80 |
|
|
ex 0805 50 10 |
Lemons (Citrus limon, Citrus limonum), fresh |
100 |
|
40 |
800 |
|
0806 10 10 |
Fresh table grapes, from 1 February to 14 July |
100 |
1 000 |
0 |
|
point 4 — yearly increase of 500 t |
0807 19 00 |
Melons (excluding watermelons), fresh, from 1 November to 31 May |
100 |
|
50 |
10 000 |
|
0810 10 00 |
Fresh strawberries, from 1 November to 31 March |
100 |
2 000 |
0 |
|
point 4 — yearly increase of 500 t |
0812 90 20 |
Oranges, provisionally preserved, but unsuitable in that state for immediate consumption |
100 |
|
80 |
|
|
0904 20 30 |
Fruits of the genus Capscium or of the genus Pimenta, other than sweet peppers, dried, neither crushed or ground |
100 |
|
80 |
|
|
1509 10 |
Virgin olive oil |
100 |
2 000 |
0 |
|
point 4 — yearly increase of 500 t |
2001 90 20 |
Fruits of the genus Capsicum, other than sweet peppers or pimentos, prepared or preserved by vinegar or acetic acid |
100 |
|
80 |
|
|
2005 90 10 |
Fruits of the genus Capsicum, other than sweet peppers or pimentos, prepared or preserved otherwise than by vinegar or acetic acid, not frozen |
100 |
|
80 |
|
|
(1)
CN codes corresponding to Regulation (EC) No 1789/2003 (OJ L 281, 30.10.2003, p. 1).
(2)
Without prejudice to the rules for the interpretation of the combined nomenclature, the description of the products is deemed to be indicative only, the preferential scheme being determined, for the purposes of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.
(3)
Duty reduction applies only to ad valorem customs duties. However, for the product corresponding to the subheading 1509 10 , the duty reduction applies to the specific duty. |
PROTOCOL 2
on the arrangements applying to imports into the West Bank and the Gaza Strip of agricultural products, processed agricultural products and fish and fishery products originating in the European Union
1. The products listed in the Annexes originating in the European Union shall be admitted for importation into the West Bank and the Gaza Strip according to the conditions contained herein and in the Annexes.
2. Import duties on imports are either eliminated or reduced to the level indicated in column ‘a’, within the limit of the annual tariff quota listed in column ‘b’, and subject to the specific provisions indicated in column ‘c’.
3. For the quantities imported in excess of the tariff quotas, the general customs duties applied to third countries shall apply, subject to the specific provisions indicated in column ‘c’.
4. For the first year of application, the volumes of the tariff quotas and the reference quantities shall be calculated as a pro rata of the basic volumes, taking into account the period elapsed before the date of entry into force of this Protocol.
ANNEX 1 TO PROTOCOL 2
CN Code |
Description |
Duty (%) |
Tariff quota (t, unless otherwise indicated) |
Specific provisions |
|
|
a |
b |
c |
0102 90 71 |
Live bovine animals, of a weight exceeding 300 kg, for slaughter, ther than heifers and cows |
0 |
300 |
|
0202 30 90 |
Meat of bovine animals, boneless excluding fore-quarters, ‘compensated’ quarters, crop, chuck and blade and brisket cuts, frozen |
0 |
200 |
|
0206 22 00 |
Edible livers of bovine animals frozen |
0 |
100 |
|
0406 |
Cheese and curd |
0 |
200 |
|
0407 00 19 |
Poultry eggs for hatching, other than those of turkeys or geese |
0 |
120 000 pieces |
|
1101 00 15 |
Flour of common wheat and spelt |
0 |
13 000 |
|
2309 90 99 |
Other preparations of a kind used in animal feeding |
2 |
100 |
|
ANNEX 2 TO PROTOCOL 2
PRODUCTS REFERRED TO IN ARTICLE 7(2) OF THE EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT
CN code |
Description |
1902 |
Pasta and couscous: |
A |
— of durum wheat, |
B |
— other, |
1905 10 |
Crisp bread |
1905 20 90 |
Gingerbread and the like, not especially for diabetics: |
A |
— containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content, |
B |
— other, |
ex 1905 32 A |
Waffles and wafers |
Al |
— not filled, whether or not coated, |
Ala |
— containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content, |
Alb |
— other, |
A2 |
— other, |
A2a |
— containing not less than 1,5 % milk fats or not less than 2,5 % of milk proteins, |
A2b |
— other, |
1905 40 10 |
Rusk, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit, cocoa or similar: |
A |
— containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content, |
B |
— other, |
1905 ex 31) B + ex 90) |
Other bakers’ wares, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit, cocoa or similar: |
Bl |
— containing added eggs, not less than 2,5 % by weight, |
B2 |
— containing added dried fruits or nuts: |
B2a |
— containing not less than 1,5 % milk fats and not less than 2,5 % milk proteins; see Annex V, |
B2b |
— other, |
ВЗ |
— containing less than 10 % by weight of added sugar and not containing added eggs, dried fruits or nuts, |
PROTOCOL 3
CONCERNING THE DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’ AND METHODS OF ADMINISTRATIVE COOPERATION
Article 1
Applicable rules of origin
Article 2
Alternative applicable rules of origin
Article 3
Dispute settlement
Article 4
Amendments to the Protocol
The Joint Committee may decide to amend the provisions of this Protocol.
Article 5
Withdrawal from the Convention
APPENDIX A
ALTERNATIVE APPLICABLE RULES OF ORIGIN
Rules for optional application among Contracting Parties to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, pending the conclusion and entry into force of the amendment of the Convention
('the Rules' or 'the Transitional rules')
DEFINITION OF THE CONCEPT OF 'ORIGINATING PRODUCTS' AND METHODS OF ADMINISTRATIVE COOPERATION
TABLE OF CONTENTS |
|
OBJECTIVES |
|
TITLE I |
GENERAL PROVISIONS |
Article 1 |
Definitions |
TITLE II |
DEFINITION OF THE CONCEPT OF 'ORIGINATING PRODUCTS' |
Article 2 |
General requirements |
Article 3 |
Wholly obtained products |
Article 4 |
Sufficient working or processing |
Article 5 |
Tolerance rule |
Article 6 |
Insufficient working or processing |
Article 7 |
Cumulation of origin |
Article 8 |
Conditions for the application of cumulation of origin |
Article 9 |
Unit of qualification |
Article 10 |
Sets |
Article 11 |
Neutral elements |
Article 12 |
Accounting segregation |
TITLE III |
TERRITORIAL REQUIREMENTS |
Article 13 |
Principle of territoriality |
Article 14 |
Non-alteration |
Article 15 |
Exhibitions |
TITLE IV |
DRAWBACK OR EXEMPTION |
Article 16 |
Drawback of or exemption from customs duties |
TITLE V |
PROOF OF ORIGIN |
Article 17 |
General requirements |
Article 18 |
Conditions for making out an origin declaration |
Article 19 |
Approved exporter |
Article 20 |
Procedure for issue of a movement certificate EUR.1 |
Article 21 |
Movement certificates EUR.1 issued retrospectively |
Article 22 |
Issue of a duplicate movement certificate EUR.1 |
Article 23 |
Validity of proof of origin |
Article 24 |
Free zones |
Article 25 |
Importation requirements |
Article 26 |
Importation by instalments |
Article 27 |
Exemption from proof of origin |
Article 28 |
Discrepancies and formal errors |
Article 29 |
Supplier's declarations |
Article 30 |
Amounts expressed in euro |
TITLE VI |
PRINCIPLES OF COOPERATION AND DOCUMENTARY EVIDENCE |
Article 31 |
Documentary evidence, preservation of proofs of origin and supporting documents |
Article 32 |
Dispute settlement |
TITLE VII |
ADMINISTRATIVE COOPERATION |
Article 33 |
Notification and cooperation |
Article 34 |
Verification of proofs of origin |
Article 35 |
Verification of supplier's declarations |
Article 36 |
Penalties |
TITLE VIII |
APPLICATION OF APPENDIX A |
Article 37 |
European Economic Area |
Article 38 |
Liechtenstein |
Article 39 |
Republic of San Marino |
Article 40 |
Principality of Andorra |
Article 41 |
Ceuta and Melilla |
List of 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 for the product manufactured to obtain originating status |
ANNEX III: |
Text of the origin declaration |
ANNEX IV: |
Specimens of movement certificate EUR.1 and application for a movement certificate EUR.1 |
ANNEX V: |
Special conditions concerning products originating in Ceuta and Melilla |
ANNEX VI: |
Supplier's declaration |
ANNEX VII: |
Long-term supplier's declaration |
OBJECTIVES
These Rules are optional. They are intended to apply on a provisional basis, pending the conclusion and entry into force of the amendment of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin ('PEM Convention' or 'Convention'). These Rules will apply bilaterally to trade between those Contracting Parties that agree to refer to them or include them in their bilateral preferential trade agreements. These Rules are intended to apply as an alternative to the rules of the Convention, which, as provided by the Convention, are without prejudice to the principles laid down in the relevant agreements and other related bilateral agreements among Contracting Parties. Accordingly, these Rules will not be mandatory, but optional. They may be applied by economic operators that desire to claim preferences based on these Rules instead of on the basis of the rules of the Convention.
These Rules are not intended to modify the Convention. The Convention continues to apply in full between the Contracting Parties to the Convention. These Rules will not alter the rights and obligations of the Contracting Parties under the Convention.
TITLE I
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of these Rules:
'applying Contracting Party' means a Contracting Party to the PEM Convention that incorporates these Rules in its bilateral preferential trade agreements with another Contracting Party to the PEM Convention and includes the Parties to the Agreement;
'chapters', 'headings' and 'subheadings' mean the chapters, the headings and the subheadings (four- or six-digit codes) used in the nomenclature which makes up the Harmonized Commodity Description and Coding System ('Harmonised System') with the changes pursuant to the Recommendation of 26 June 2004 of the Customs Cooperation Council;
'classified' means the classification of a good under a particular heading or subheading of the Harmonised System;
'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;
'customs authorities of the Party or applying Contracting Party' for the European Union means any of the customs authorities of the Member States of the European Union;
'customs value' means the value as determined in accordance with the Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (WTO Agreement on Customs Valuation);
'ex-works price' means the price paid for the product ex works to the manufacturer in the Party in whose undertaking the last working or processing is carried out, provided that the price includes the value of all the materials used and all other costs related to its production, minus any internal taxes which are, or may be, repaid when the product obtained is exported. Where the last working or processing has been subcontracted to a manufacturer, the term 'manufacturer' refers to the enterprise that has employed the subcontractor.
Where the actual price paid does not reflect all costs related to the manufacturing of the product which are actually incurred in the Party, the ex-works price means the sum of all those costs, minus any internal taxes which are, or may be, repaid when the product obtained is exported;
'fungible material' or 'fungible product' means material or product that is of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished from one another;
'goods' means both material and product;
'manufacture' means any kind of working or processing, including assembly;
'material' means any ingredient, raw material, component or part, etc., used in the manufacture of the product;
'maximum content of non-originating materials' means the maximum content of non-originating materials which is permitted in order to consider a manufacture to be working or processing sufficient to confer originating status on the product. It may be expressed as a percentage of the ex-works price of the product or as a percentage of the net weight of these materials used falling under a specified group of chapters, chapter, heading or subheading;
'product' means the product being manufactured, even if it is intended for later use in another manufacturing operation;
'territory' includes the land territory, internal waters and the territorial sea of a Party;
'value added' shall be taken to be the ex-works price of the product minus the customs value of each of the materials incorporated which originate in the other applying Contracting Parties with which cumulation is applicable or, where the customs value is not known or cannot be ascertained, the first ascertainable price paid for the materials in the exporting Party;
'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 exporting Party. Where the value of the originating materials used needs to be established, this point shall be applied mutatis mutandis.
TITLE II
DEFINITION OF THE CONCEPT OF 'ORIGINATING PRODUCTS'
Article 2
General requirements
For the purpose of implementing the Agreement, the following products shall be considered as originating in a Party when exported to the other Party:
products wholly obtained in a Party, within the meaning of Article 3;
products obtained in a Party incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in that Party within the meaning of Article 4.
Article 3
Wholly obtained products
The following shall be considered as wholly obtained in a Party when exported to the other Party:
mineral products and natural water extracted from its soil or from its seabed;
plants, including aquatic plants, and vegetable products grown or harvested there;
live animals born and raised there;
products from live animals raised there;
products from slaughtered animals born and raised there;
products obtained by hunting or fishing conducted there;
products of aquaculture where the fish, crustaceans, molluscs and other aquatic invertebrates are born or raised there from eggs, larvae, fry or fingerlings;
products of sea fishing and other products taken from the sea outside any territorial sea by its vessels;
products made on board its factory ships exclusively from products referred to in point (h);
used articles collected there fit only for the recovery of raw materials;
waste and scrap resulting from manufacturing operations conducted there;
products extracted from the seabed or below the seabed which is situated outside its territorial sea but where it has exclusive exploitation rights;
goods produced there exclusively from the products specified in points (a) to (l).
The terms 'its vessels' and 'its factory ships' in points (h) and (i) of paragraph 1 respectively shall apply only to vessels and factory ships which meet each of the following requirements:
they are registered in the exporting or the importing Party;
they sail under the flag of the exporting or the importing Party;
they meet one of the following conditions:
they are at least 50 % owned by nationals of the exporting or the importing Party; or
they are owned by companies which:
Article 4
Sufficient working or processing
However, where the relevant rule is based on compliance with a maximum content of non-originating materials, the customs authorities of the Parties may authorise exporters to calculate the ex-works price of the product and the value of the non-originating materials on an average basis as set out in paragraph 4, in order to take into account the fluctuations in costs and currency rates.
Article 5
Tolerance rule
By way of derogation from Article 4 and subject to paragraphs 2 and 3 of this Article, non-originating materials which, according to the conditions set out in the list in Annex II, are not to be used in the manufacture of a given product may nevertheless be used, provided that their total net weight or value assessed for the product does not exceed:
15 % of the net weight of the product falling within Chapters 2 and 4 to 24, other than processed fishery products of Chapter 16;
15 % of the ex-works price of the product for products other than those covered by point (a).
This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonised System, for which the tolerances mentioned in Notes 6 and 7 of Annex I shall apply.
Article 6
Insufficient working or processing
Without prejudice to paragraph 2 of this Article, the following operations shall be considered to be insufficient working or processing to confer the status of an originating product, whether or not the requirements of Article 4 are satisfied:
preserving operations to ensure that the products remain in good condition during transport and storage;
breaking-up and assembly of packages;
washing, cleaning; removal of dust, oxide, oil, paint or other coverings;
ironing or pressing of textiles;
simple painting and polishing operations;
husking and partial or total milling of rice; polishing, and glazing of cereals and rice;
operations to colour or flavour sugar or form sugar lumps; partial or total milling of crystal sugar;
peeling, stoning and shelling, of fruits, nuts and vegetables;
sharpening, simple grinding or simple cutting;
sifting, screening, sorting, classifying, grading, matching; (including the making-up of sets of articles);
simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;
affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging;
simple mixing of products, whether or not of different kinds;
mixing of sugar with any material;
simple addition of water or dilution or dehydratation or denaturation of products;
simple assembly of parts of articles to constitute a complete article or disassembly of products into parts;
slaughter of animals;
a combination of two or more operations specified in points (a) to (q).
Article 7
Cumulation of origin
For the purpose of this paragraph, the participants in the European Union's Stabilisation and Association process and the Republic of Moldova are to be considered as one applying Contracting Party.
Article 8
Conditions for the application of cumulation of origin
The cumulation provided for in Article 7 may be applied only provided that:
a preferential trade agreement in accordance with Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT) is applicable between the applying Contracting Parties involved in the acquisition of the originating status and the applying Contracting Party of destination; and
goods have obtained originating status by the application of rules of origin identical to those given in these Rules.
The cumulation provided for in Article 7 shall apply from the date indicated in those notices.
The Parties shall provide the European Commission with details of the relevant agreements concluded with other applying Contracting Parties, including the dates of entry into force of these Rules.
In cases where a movement certificate EUR.1 is used as a proof of origin, that statement shall be made in Box 7 of the movement certificate EUR.1.
The Parties shall notify the waiver to the European Commission in accordance with Article 8(2).
Article 9
Unit of qualification
The unit of qualification for the application of these Rules shall be the particular product which is considered to be the basic unit when determining classification using the nomenclature of the Harmonised System. It follows that:
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;
when a consignment consists of a number of identical products classified under the same heading of the Harmonised System, each individual item shall be taken into account when applying these Rules.
Article 10
Sets
Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all the component products are originating.
When a set is composed of originating and non-originating products, the set as a whole shall however 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 is an originating product, no account shall be taken of the origin of the following which might be used in its manufacture:
energy and fuel;
plant and equipment;
machines and tools;
any other goods which do not enter, and which are not intended to enter, into the final composition of the product.
Article 12
Accounting segregation
Through the use of accounting segregation it must be ensured that, at any time, no more products can be considered as 'originating in the exporting Party' than would have been the case if a method of physical segregation of the stocks had been used.
The method shall be applied and the application thereof shall be recorded on the basis of the general accounting principles applicable in the exporting Party.
TITLE III
TERRITORIAL REQUIREMENTS
Article 13
Principle of territoriality
If originating products exported from a Party to another country are returned, they shall be considered to be non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:
the products returned are the same as those which were exported; and
they have not undergone any operations beyond that necessary to preserve them in good condition while in that country or while being exported.
The obtention of originating status in accordance with the conditions set out in Title II shall not be affected by working or processing done outside the exporting Party on materials exported from this Party and subsequently re-imported there, provided:
those materials are wholly obtained in the exporting Party or have undergone working or processing beyond the operations referred to in Article 6 prior to being exported; and
it can be demonstrated to the satisfaction of the customs authorities that:
the re-imported products have been obtained by working or processing the exported materials; and
the total added value acquired outside the exporting Party by applying this Article does not exceed 10 % of the ex-works price of the end product for which originating status is claimed.
Article 14
Non-alteration
In the case of doubt, the importing Party may request the importer or its representative to submit at any time all appropriate documents to provide evidence of compliance with this Article, which may be given by any documentary evidence, and notably by:
contractual transport documents such as bills of lading;
factual or concrete evidence based on marking or numbering of packages;
a certificate of non-manipulation provided by the customs authorities of the country(ies) of transit or splitting or any other documents demonstrating that the goods remained under customs supervision in the country(ies) of transit or splitting; or
any evidence related to the goods themselves.
Article 15
Exhibitions
Originating products, sent for exhibition in a country other than with which cumulation is applicable in accordance with Articles 7 and 8 and sold after the exhibition for importation in a Party, shall benefit on importation from the relevant agreement provided it is shown to the satisfaction of the customs authorities that:
an exporter has consigned the products from a Party to the country in which the exhibition is held and has exhibited them there;
the products have been sold or otherwise disposed of by that exporter to a person in another Party;
the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition; and
the products have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition.
TITLE IV
DRAWBACK OR EXEMPTION
Article 16
Drawback of or exemption from customs duties
TITLE V
PROOF OF ORIGIN
Article 17
General requirements
Products originating in one of the Parties shall, on importation into the other Party, benefit from the provisions of the Agreement upon submission of one of the following proofs of origin:
a movement certificate EUR.1, a specimen of which appears in Annex IV to this Appendix;
in the cases specified in Article 18(1), a declaration, subsequently referred to as the 'origin declaration' given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified; the text of the origin declaration appears in Annex III to this Appendix.
The use of a statement on origin made out by the exporters registered in an electronic database agreed by two or more applying Contracting Parties shall not impede the use of diagonal cumulation with other applying Contracting Parties.
Article 18
Conditions for making out an origin declaration
An origin declaration as referred to in point (b) of Article 17(1) may be made out:
by an approved exporter within the meaning of Article 19; or
by any exporter for any consignment consisting of one or more packages containing originating products the total value of which does not exceed EUR 6 000 .
Where the splitting of a consignment takes place in accordance with Article 14(3) and provided that the same two-year deadline is respected, the retrospective origin declaration shall be made out by the approved exporter of the exporting Party of the products.
Article 19
Approved exporter
Article 20
Procedure for issuing of a movement certificate EUR.1
Article 21
Movement certificates EUR.1 issued retrospectively
Notwithstanding Article 20(8), a movement certificate EUR.1 may be issued after exportation of the products to which it relates if:
it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances;
it is demonstrated to the satisfaction of the customs authorities that a movement certificate EUR.1 was issued but was not accepted at importation for technical reasons;
the final destination of the products concerned was not known at the time of exportation and was determined during their transportation or storage and after possible splitting of consignments in accordance with Article 14(3);
a movement certificate EUR.1 or EUR.MED was issued in accordance with the rules of the PEM Convention for products that are also originating in accordance with these Rules; the exporter shall take all necessary steps to ensure that the conditions to apply cumulation are fulfilled and be prepared to submit to the customs authorities all relevant documents proving that the product is originating in accordance with these Rules; or
a movement certificate EUR.1 was issued on the basis of Article 8(4) and the application of Article 8(3) is required at importation in another applying Contracting Party.
Article 22
Issue of a duplicate movement certificate EUR.1
Article 23
Validity of proof of origin
Article 24
Free zones
Article 25
Importation requirements
Proofs of origin shall be submitted to the customs authorities of the importing Party in accordance with the procedures applicable in that Party.
Article 26
Importation by instalments
Where, at the request of the importer and subject to the conditions laid down by the customs authorities of the importing Party, dismantled or non-assembled products within the meaning of General Rule 2(a) for the interpretation of the Harmonised System falling within Sections XVI and XVII or headings 7308 and 9406 are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities on importation of the first instalment.
Article 27
Exemptions from proof of origin
Imports shall not be considered as imports by way of trade if all the following conditions are met:
the imports are occasional;
the imports consist solely of products for the personal use of the recipients or travellers or their families;
it is evident from the nature and quantity of the products that no commercial purpose is in view.
Article 28
Discrepancies and formal errors
Article 29
Supplier's declarations
Article 30
Amounts expressed in euro
TITLE VI
PRINCIPLES OF COOPERATION AND DOCUMENTARY EVIDENCE
Article 31
Documentary evidence, preservation of proofs of origin and supporting documents
The supplier making out a long-term supplier's declaration shall keep copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 29(6) for at least three years. That period shall begin from the date of expiry of validity of the long-term supplier's declaration.
For the purposes of paragraph 1 of this Article, the documents supporting the originating status, inter alia, are the following:
direct evidence of the processes carried out by the exporter or supplier to obtain the product, contained, for example, in his accounts or internal bookkeeping;
documents proving the originating status of materials used, issued or made out in the relevant applying Contracting Party in accordance with its national legislation;
documents proving the working or processing of materials in the relevant Party, made out or issued in that Party in accordance with its national legislation;
origin declarations or movement certificates EUR.1 proving the originating status of materials used, made out or issued in the Parties in accordance with these Rules;
appropriate evidence concerning working or processing undergone outside the Parties by application of Articles 13 and 14, proving the fulfilment of the requirements of those Articles.
Article 32
Dispute settlement
Where disputes arise in relation to the verification procedures under Articles 34 and 35, or in relation to the interpretation of this Appendix, which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out the verification, they shall be submitted to the Joint Committee.
In all cases the settlement of disputes between the importer and the customs authorities of the importing Party shall take place in accordance with the legislation of that country.
TITLE VII
ADMINISTRATIVE COOPERATION
Article 33
Notification and cooperation
Article 34
Verification of proofs of origin
Article 35
Verification of supplier's declarations
They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier's declaration or the long-term supplier's declaration is incorrect.
Article 36
Penalties
Each Party shall provide for the imposition of criminal, civil or administrative penalties for violations of its national legislation related to these Rules.
TITLE VIII
APPLICATION OF APPENDIX A
Article 37
European Economic Area
Goods originating in the European Economic Area (EEA) within the meaning of Protocol 4 to the Agreement on the European Economic Area shall be considered as originating in the European Union, Iceland, Liechtenstein or Norway (the 'EEA Parties') when exported respectively from the European Union, Iceland, Liechtenstein or Norway to the West Bank and the Gaza Strip, provided that free trade agreements using these Rules are applicable between the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip and the EEA Parties.
Article 38
Liechtenstein
Without prejudice to Article 2, a product originating in Liechtenstein shall, due to the customs union between Switzerland and Liechtenstein, be considered as originating in Switzerland.
Article 39
Republic of San Marino
Without prejudice to Article 2, a product originating in the Republic of San Marino shall, due to the customs union between the European Union and the Republic of San Marino, be considered as originating in the European Union.
Article 40
Principality of Andorra
Without prejudice to Article 2, a product originating in the Principality of Andorra classified under Chapters 25 to 97 of the Harmonised System shall, due to the customs union between the European Union and the Principality of Andorra, be considered as originating in the European Union.
Article 41
Ceuta and Melilla
ANNEX I
INTRODUCTORY NOTES TO THE LIST IN ANNEX II
Note 1 – General introduction
The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 4 of Title II of this Appendix. There are four different types of rules, which vary according to the product:
through working or processing a maximum content of non-originating materials is not exceeded;
through working or processing the 4-digit Harmonised System heading or 6-digit Harmonised System subheading of the manufactured products becomes different from the 4-digit Harmonised System heading or 6-digit subheading respectively of the materials used;
a specific working or processing operation is carried out;
working or processing is carried out on certain wholly obtained materials.
Note 2 – The structure of the list
2.1. The first two columns in the list describe the product obtained. The column (1) gives the heading number or chapter number used in the Harmonised System and the column (2) gives the description of goods used in that system for that heading or chapter. For each entry in the first two columns, a rule is specified in column (3). Where, in some cases, the entry in the column (1) is preceded by an 'ex', this signifies that the rules in column (3) apply only to the part of that heading as described in column (2).
2.2. Where several heading numbers are grouped together in column (1) or a chapter number is given and the description of products in column (2) is therefore given in general terms, the adjacent rules in column (3) 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).
2.3. Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in column (3).
2.4. Where two alternative rules are set out in column (3), separated by 'or', it is at the choice of the exporter which one to use.
Note 3 – Examples of how to apply the rules
3.1. Article 4 of Title II of this Appendix, concerning products having obtained originating status which are used in the manufacture of other products, shall apply, regardless of whether that status has been obtained inside the factory where those products are used or in another factory in a Party.
3.2. Pursuant to Article 6 of Title II of this Appendix , the working or processing carried out must go beyond the list of operations mentioned in that Article. If it does not, the goods shall not qualify for the granting of the benefit of preferential tariff treatment, even if the conditions set out in the list below are met.
Subject to Article 6 of Title II of this Appendix, the rules in the list represent 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.
If a rule provides that non-originating material, at a certain level of manufacture, may not be used, the use of materials at an earlier stage of manufacture is allowed, and the use of materials at a later stage is not.
Example: when the list-rule for Chapter 19 requires that 'non-originating materials of headings 1101 to 1108 cannot exceed 20 % weight', the use (i.e. importation) of cereals of Chapter 10 (materials at an earlier stage of manufacture) is not limited.
3.3. Without prejudice to Note 3.2, where a rule uses the expression 'Manufacture from materials of any heading', then materials of any heading(s) (even materials of the same description and heading as the product) may 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 …' or 'Manufacture from materials of any heading, including other materials of the same heading as the product' means that materials of any heading(s) may be used, except those of the same description as the product as given in column (2) of the list.
3.4. When a rule in the list specifies that a product may be manufactured from more than one material, this means that one or more materials may be used. It does not require that all be used.
3.5. Where a rule in the list specifies that a product must be manufactured from a particular material, the condition does not prevent the use of other materials which, because of their inherent nature, cannot satisfy this.
3.6. Where, in a rule in the list, two percentages are given for the maximum value of non-originating materials that can be used, then those percentages may not be added together. In other words, the maximum value of all the non-originating materials used may never exceed the higher of the percentages given. Furthermore, the individual percentages shall not be exceeded, in relation to the particular materials to which they apply.
Note 4 – General provisions concerning certain agricultural goods
4.1. Agricultural goods falling within Chapters 6, 7, 8, 9, 10, 12 and heading 2401 which are grown or harvested in the territory of a Party shall be treated as originating in the territory of that Party, even if grown from imported seeds, bulbs, rootstock, cuttings, grafts, shoots, buds, or other live parts of plants.
4.2. In cases where the content of non-originating sugar in a given product is subject to limitations, the weight of sugars of headings 1701 (sucrose) and 1702 (e.g., fructose, glucose, lactose, maltose, isoglucose or invert sugar) used in the manufacture of the final product and used in the manufacture of the non-originating products incorporated in the final product is taken into account for the calculation of such limitations.
Note 5 – Terminology used in respect of certain textile products
5.1. The term 'natural fibres' is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres which have been carded, combed or otherwise processed, but not spun.
5.2. The term 'natural fibres' includes horsehair of heading 0511 , silk of headings 5002 and 5003 , as well as wool-fibres and fine or coarse animal hair of headings 5101 to 5105 , cotton fibres of headings 5201 to 5203 , and other vegetable fibres of headings 5301 to 5305 .
5.3. 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.
5.4. 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 .
5.5. Printing (when combined with Weaving, Knitting/Crocheting, Tufting or Flocking) is defined as a technique by which an objectively assessed function, like colour, design, technical performance, is given to a textile substrate with a permanent character, using screen, roller, digital or transfer techniques.
5.6. Printing (as standalone operation) is defined as a technique by which an objectively assessed function, like colour, design, technical performance, is given to a textile substrate with a permanent character, using screen, roller, digital or transfer techniques combined with at least two preparatory/finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product.
Note 6 – Tolerances applicable to products made of a mixture of textile materials
6.1. Where, for a given product in the list, reference is made to this Note, the conditions set out in column (3) shall not be applied to any basic textile materials used in the manufacture of that product and which, taken together, represent 15 % or less of the total weight of all the basic textile materials used (See also Notes 6.3 and 6.4).
6.2. However, the tolerance mentioned in Note 6.1 may be applied only to mixed products which have been made from two or more basic textile materials.
The following are the basic textile materials:
6.3. In the case of products incorporating 'yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped', this tolerance is 20 % in respect of this yarn.
6.4. 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 a transparent or coloured adhesive between two layers of plastic film', this tolerance is 30 % in respect of this strip.
Note 7 – Other tolerances applicable to certain textile products
7.1. Where, in the list, reference is made 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 15 % of the ex-works price of the product.
7.2. Without prejudice to Note 7.3, 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.
7.3. Where a percentage rule applies, the value of non-originating 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 8 – Definition of specific processes and simple operations carried out in respect of certain products of Chapter 27
8.1. For the purposes of headings ex 27 07 and 2713 , the 'specific processes' are the following:
vacuum-distillation;
redistillation by a very thorough fractionation process;
cracking;
reforming;
extraction by means of selective solvents;
the process comprising all of 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;
polymerisation;
alkylation;
isomerisation.
8.2. For the purposes of headings 2710 , 2711 and 2712 , the 'specific processes' are the following:
vacuum-distillation;
redistillation by a very thorough fractionation process;
cracking;
reforming;
extraction by means of selective solvents;
the process comprising all of 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;
polymerisation;
alkylation;
isomerisation;
in respect of heavy oils of heading ex 27 10 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);
in respect of products of heading 2710 only, deparaffining by a process other than filtering;
in respect of heavy oils of heading ex 27 10 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 °C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment, with hydrogen, of lubricating oils of heading ex 27 10 (e.g. hydrofinishing or decolourisation), in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;
in respect of fuel oils of heading ex 27 10 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C, by the ASTM D 86 method;
in respect of heavy oils other than gas oils and fuel oils of heading ex 27 10 only, treatment by means of a high-frequency electrical brush discharge;
in respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0.75 % of oil) of heading ex 27 12 only, de-oiling by fractional crystallisation.
8.3. For the purposes of headings ex 27 07 and 2713 , simple operations, such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur contents, or any combination of those operations or like operations, do not confer origin.
Note 9 – Definition of specific processes and operations carried out in respect of certain products
9.1. Products falling within Chapter 30 obtained in a Party by using cell cultures, shall be considered as originating in that Party. 'Cell culture' is defined as the cultivation of human, animal and plant cells under controlled conditions (such as defined temperatures, growth medium, gas mixture, pH) outside a living organism.
9.2. Products falling within Chapters 29 (except for: 2905.43-2905.44), 30, 32, 33 (except for: 3302.10, 3301), 34, 35 (except for: 35.01, 3502.11-3502.19, 3502.20, 35.05), 36, 37, 38 (except for: 3809.10, 38.23, 3824.60, 38.26) and 39 (except for: 39.16-39.26) obtained in a Party by fermentation shall be considered as originating in that Party. 'Fermentation' is a biotechnological process in which human, animal, plant cells, bacteria, yeasts, fungi or enzymes are used to produce products falling within Chapters 29 to 39.
9.3. The following processing operations are considered sufficient according to paragraph 1 of Article 4 for products falling within Chapters 28, 29 (except for: 2905.43-2905.44), 30, 32, 33 (except for: 3302.10, 3301), 34, 35 (except for: 35.01, 3502.11-3502.19, 3502.20, 35.05), 36, 37, 38 (except for: 3809.10, 38.23, 3824.60, 38.26) and 39 (except for: 39.16-39.26):
purification of a good resulting in the elimination of at least 80 % of the content of existing impurities; or
the reduction or elimination of impurities resulting in a good suitable for one or more of the following applications:
pharmaceutical, medicinal, cosmetic, veterinary, or food grade substances;
chemical products and reagents for analytical, diagnostic or laboratory uses;
elements and components for use in micro-electronics;
specialised optical uses;
biotechnical use (e.g., in cell culturing, in genetic technology, or as a catalyst);
carriers used in a separation process; or
nuclear grade uses.
ANNEX II
LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER FOR THE PRODUCT MANUFACTURED TO OBTAIN ORIGINATING STATUS
Heading |
Description of product |
Working or processing, carried out on non-originating materials, which confers originating status |
(1) |
(2) |
(3) |
Chapter 1 |
Live animals |
All the animals of Chapter 1 shall be wholly obtained |
Chapter 2 |
Meat and edible meat offal |
Manufacture in which all the meat and edible meat offal in the products of this Chapter is wholly obtained |
Chapter 3 |
Fish and crustaceans, molluscs and other aquatic invertebrates |
Manufacture in which all the materials of Chapter 3 used are wholly obtained |
Chapter 4 |
Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included |
Manufacture in which all the materials of Chapter 4 used are wholly obtained |
ex Chapter 5 |
Products of animal origin, not elsewhere specified or included; except for: |
Manufacture from materials of any heading |
ex 0511 91 |
Inedible fish eggs and roes |
All the eggs and roes are wholly obtained |
Chapter 6 |
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 are wholly obtained |
Chapter 7 |
Edible vegetables and certain roots and tubers |
Manufacture in which all the materials of Chapter 7 used are wholly obtained |
Chapter 8 |
Edible fruit and nuts; peel of citrus fruits or melons |
Manufacture in which all the fruit, nuts and peels of citrus fruits or melons of Chapter 8 used are wholly obtained |
Chapter 9 |
Coffee, tea, maté and spices |
Manufacture from materials of any heading |
Chapter 10 |
Cereals |
Manufacture in which all the materials of Chapter 10 used are wholly obtained |
Chapter 11 |
Products of the milling industry; malt; starches; inulin; wheat gluten |
Manufacture in which all the materials of Chapters 8, 10 and 11, headings 0701 , 0714 , 2302 and 2303 , and subheading 0710 10 used are wholly obtained |
Chapter 12 |
Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder |
Manufacture from materials of any heading, except that of the product |
ex Chapter 13 |
Lac; gums, resins and other vegetable saps and extracts; except for: |
Manufacture from materials of any heading |
ex 13 02 |
Pectic substances, pectinates and pectates |
Manufacture from materials of any heading and in which the weight of sugar used does not exceed 40 % of the weight of the final product |
Chapter 14 |
Vegetable plaiting materials; vegetable products not elsewhere specified or included |
Manufacture from materials of any heading |
ex Chapter 15 |
Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes; except for: |
Manufacture from materials of any heading, except that of the product |
1504 to 1506 |
Fats and oils and their fractions, of fish or marine mammals; wool grease and fatty substances derived therefrom (including lanolin); other animal fats and oils and their fractions, whether or not refined, but not chemically modified |
Manufacture from materials of any heading |
1508 |
Groundnut oil and its fractions, whether or not refined, but not chemically modified |
Manufacture from materials of any subheading, except that of the product |
1509 and 1510 |
Olive oil and its fractions |
Manufacture in which all the vegetable materials used are wholly obtained |
1511 |
Palm oil and its fractions, whether or not refined, but not chemically modified |
Manufacture from materials of any subheading, except that of the product |
ex 15 12 |
Sunflower seed oils and their fractions: |
|
— for technical or industrial uses other than the manufacture of foodstuffs for human consumption |
Manufacture from materials of any heading, except that of the product |
|
— other |
Manufacture in which all the vegetable materials used are wholly obtained |
|
1515 |
Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified |
Manufacture from materials of any subheading, except that of the product |
ex 15 16 |
Fats and oils and their fractions, of fish |
Manufacture from materials of any heading |
1520 |
Glycerol, crude; glycerol waters and glycerol lyes |
Manufacture from materials of any heading |
Chapter 16 |
Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates |
Manufacture in which all the materials of Chapter 2, 3 and 16 used are wholly obtained |
ex Chapter 17 |
Sugars and sugar confectionery; except for: |
Manufacture from materials of any heading, except that 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 |
Manufacture from materials of any heading, except that of the product, in which the weight of the materials of heading 1101 to 1108 , 1701 and 1703 used does not exceed 30 % of the weight of the final product |
|
1704 |
Sugar confectionery (including white chocolate), not containing cocoa |
Manufacture from materials of any heading, except that of the product, in which: — the weight of sugar used does not exceed 40 % of the weight of the final product — or — the value of sugar used does not exceed 30 % of the ex-works price of the product |
ex Chapter 18 |
Cocoa and cocoa preparations; except for: |
Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product |
ex 18 06 |
Chocolate and other food preparations containing cocoa; except for: |
Manufacture from materials of any heading, except that of the product, in which: — the weight of sugar used does not exceed 40 % of the weight of the final product — or — the value of sugar used does not exceed 30 % of the ex-works price of the product |
1806 10 |
Cocoa powder, containing added sugar or other sweetening matters |
Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product |
1901 |
Malt extract; food preparations of flour, groats, 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 from materials of any heading, except that of the product, in which the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final 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 |
Manufacture from materials of any heading, except that of the product, in which: — the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and — the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the final product |
1903 |
Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or 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, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included |
Manufacture from materials of any heading, except that of the product, in which: — the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and — the weight of sugar used does not exceed 40 % of the weight of the final 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 that of the product, in which the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product |
ex Chapter 20 |
Preparations of vegetables, fruit, nuts or other parts of plants; except for: |
Manufacture from materials of any heading, except that of the product |
2002 and 2003 |
Tomatoes, mushrooms and truffles prepared or preserved otherwise than by vinegar or acetic acid |
Manufacture from materials of any heading, except that of the product, in which all the materials of Chapter 7 used are wholly obtained |
2006 |
Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallized) |
Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product |
2007 |
Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter |
Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product |
ex 20 08 |
Products, other than: — Nuts, not containing added sugar or spirits — Peanut butter; mixtures based on cereals; palm hearts; maize (corn) — Fruit and nuts cooked otherwise than by steaming or boiling in water, not containing added sugar, frozen |
Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final 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 from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product |
ex Chapter 21 |
Miscellaneous edible preparations; except for: |
Manufacture from materials of any heading, except that of the product |
2103 |
— Sauces and preparations therefor; mixed condiments and mixed seasonings — Mustard flour and meal and prepared mustard |
Manufacture from materials of any heading, except that of the product. However, mustard flour or meal or prepared mustard may be used Manufacture from materials of any heading |
2105 |
Ice cream and other edible ice, whether or not containing cocoa |
Manufacture from materials of any heading, except that of the product, in which: — the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product — and — the total combined weight of sugar and of the materials of Chapter 4 used does not exceed 60 % of the weight of the final product |
2106 |
Food preparations not elsewhere specified or included |
Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product |
ex Chapter 22 |
Beverages, spirits and vinegar; except for: |
Manufacture from materials of any heading, except that of the product, in which all the materials of subheadings 0806 10 , 2009 61 , 2009 69 used are 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 from materials of any heading, except that of the product |
2207 and 2208 |
Undenatured ethyl alcohol of an alcoholic strength by volume of higher or less than 80 % vol; spirits, liqueurs and other spirituous beverages |
Manufacture from materials of any heading, except heading 2207 or 2208 , in which all the materials of subheadings 0806 10 , 2009 61 , 2009 69 used are wholly obtained |
ex Chapter 23 |
Residues and waste from the food industries; prepared animal fodder; except for: |
Manufacture from materials of any heading, except that of the product |
2309 |
Preparations of a kind used in animal feeding |
Manufacture in which: — all the materials of Chapters 2 and 3 used are wholly obtained, — the weight of materials of Chapters 10 and 11 and headings 2302 and 2303 used does not exceed 20 % of the weight of the final product, — the individual weight of sugar and the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and — the total combined weight of sugar and the materials of Chapter 4 used does not exceed 50 % of the weight of the final product |
ex Chapter 24 |
Tobacco and manufactured tobacco substitutes; except for: |
Manufacture from materials of any heading in which the weight of materials of heading 2401 does not exceed 30 % of the total weight of materials of Chapter 24 used |
2401 |
Unmanufactured tobacco; tobacco refuse |
Manufacture in which all materials of heading 2401 are wholly obtained |
ex 24 02 |
Cigarettes, of tobacco or of tobacco substitutes |
Manufacture from materials of any heading, except that of the product and of smoking tobacco of subheading 2403 19 , in which at least 10 % by weight of all materials of heading 2401 used is wholly obtained |
ex 24 03 |
Products intended for inhalation through heated delivery or other means, without combustion |
Manufacture from materials of any heading, except that of the product, in which at least 10 % by weight of all materials of heading 2401 used is wholly obtained |
ex Chapter 25 |
Salt; sulphur; earths and stone; plastering materials, lime and cement; except for: |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product |
ex 25 19 |
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 from materials of any heading, except that of the product. However, natural magnesium carbonate (magnesite) may be used |
Chapter 26 |
Ores, slag and ash |
Manufacture from materials of any heading, except that of the product |
ex Chapter 27 |
Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes; except for: |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
ex 27 07 |
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 °C (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 of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product |
2710 |
Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils |
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 of the same heading as the product may be used, provided that their total 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 of the same heading as the product may be used, provided that their total 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 of the same heading as the product may be used, provided that their total 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 minerals |
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 of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product |
Chapter 28 |
Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes |
Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
ex Chapter 29 |
Organic chemicals; except for: |
Specific process(es) (4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
ex 29 01 |
Acyclic hydrocarbons for use as power or heating fuels |
Specific process(es) (4) or Operations of refining and/or one or more specific process(es) (1) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product |
ex 29 02 |
Cyclanes and cyclenes (other than azulenes), benzene, toluene, xylenes, for use as power or heating fuels |
Specific process(es) (4) or Operations of refining and/or one or more specific process(es) (1) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product |
ex 29 05 |
Metal alcoholates of alcohols of this heading and of ethanol |
Specific process(es) (4) or Manufacture from materials of any heading, including other materials of heading 2905 . However, metal alcoholates of this heading may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 30 |
Pharmaceutical products |
Specific process(es) (4) or Manufacture from materials of any heading |
Chapter 31 |
Fertilizers |
Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 32 |
Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks |
Specific process(es) (4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 33 |
Essential oils and resinoids; perfumery, cosmetic or toilet preparations |
Specific process(es) (4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
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 |
Specific process(es) (4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 35 |
Albuminoidal substances; modified starches; glues; enzymes |
Specific process(es) (4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product |
Chapter 36 |
Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations |
Specific process(es) (4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 37 |
Photographic or cinematographic goods |
Specific process(es) (4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
ex Chapter 38 |
Miscellaneous chemical products; except for: |
Specific process(es) (4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
ex 38 11 |
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: |
Specific process(es) (4) or |
— 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 |
|
ex 3824 99 and ex 3826 00 |
Biodiesel |
Manufacture in which biodiesel is obtained through transesterification and/or esterification or through hydro-treatment |
Chapter 39 |
Plastics and articles thereof |
Specific process(es) (4) or Manufacture from materials of any heading, except that of the product. However, materials of the same subheading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or 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 from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
ex 40 12 |
Retreaded pneumatic, solid or cushion tyres, of rubber |
Retreading of used tyres |
ex Chapter 41 |
Raw hides and skins (other than furskins) and leather; except for: |
Manufacture from materials of any heading, except that of the product |
4104 to 4106 |
Tanned or crust hides and skins, without wool or hair on, whether or not split, but not further prepared |
Re-tanning of tanned leather or Manufacture from materials of any heading, except that 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 from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
ex Chapter 43 |
Furskins and artificial fur; manufactures thereof; except for: |
Manufacture from materials of any heading, except that of the product |
ex 43 02 |
Tanned or dressed furskins, assembled: |
|
— Plates, crosses and similar forms. |
Bleaching or dyeing, in addition to cutting and assembly of non-assembled tanned or dressed furskins |
|
— Other |
Manufacture from non-assembled, tanned or dressed furskins |
|
4303 |
Articles of apparel, clothing accessories and other articles of furskin |
Manufacture from non-assembled tanned or dressed furskins of heading 4302 |
ex Chapter 44 |
Wood and articles of wood; wood charcoal; except for: |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
ex 44 07 |
Wood sawn or chipped lengthwise, sliced or peeled, of a thickness exceeding 6 mm, planed, sanded or end-jointed |
Planing, sanding or end-jointing |
ex 44 08 |
Sheets for veneering (including those obtained by slicing laminated wood) and 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 end-jointed |
Splicing, planing, sanding or end-jointing |
ex 44 10 to ex 44 13 |
Beadings and mouldings, including moulded skirting and other moulded boards |
Beading or moulding |
ex 44 15 |
Packing cases, boxes, crates, drums and similar packings, of wood |
Manufacture from boards not cut to size |
ex 44 18 |
— Builders' joinery and carpentry of wood — Beadings and mouldings |
Manufacture from materials of any heading, except that of the product. However, cellular wood panels, shingles and shakes may be used Beading or moulding |
ex 44 21 |
Match splints; wooden pegs or pins for footwear |
Manufacture from wood of any heading, except drawn wood of heading 4409 |
Chapter 45 |
Cork and articles of cork |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 46 |
Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 47 |
Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 48 |
Paper and paperboard; articles of paper pulp, of paper or of paperboard |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 49 |
Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans |
Manufacture from materials of any heading except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
ex Chapter 50 |
Silk; except for: |
Manufacture from materials of any heading, except that of the product |
ex 50 03 |
Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), carded or combed |
Carding or combing of silk waste |
5004 to ex 50 06 |
Silk yarn and yarn spun from silk waste |
Spinning of natural fibres or Extrusion of man-made continuous filament combined with spinning or Extrusion of man-made continuous filament combined with twisting or Twisting combined with any mechanical operation |
5007 |
Woven fabrics of silk or of silk waste |
Spinning of natural and/or man-made staple fibres combined with weaving or Extrusion of man-made filament yarn combined with weaving or Twisting or any mechanical operation combined with weaving or Weaving combined with dyeing or Yarn dyeing combined with weaving or Weaving combined with printing or Printing (as standalone operation) |
ex Chapter 51 |
Wool, fine or coarse animal hair; horsehair yarn and woven fabric; except for: |
Manufacture from materials of any heading, except that of the product |
5106 to 5110 |
Yarn of wool, of fine or coarse animal hair or of horsehair |
Spinning of natural fibres or Extrusion of man-made fibres combined with spinning or Twisting combined with any mechanical operation |
5111 to 5113 |
Woven fabrics of wool, of fine or coarse animal hair or of horsehair: |
Spinning of natural and/or man-made staple fibres combined with weaving or Extrusion of man-made filament yarn combined with weaving or Weaving combined with dyeing or Yarn dyeing combined with weaving or Weaving combined with printing or Printing (as standalone operation) |
ex Chapter 52 |
Cotton; except for: |
Manufacture from materials of any heading, except that of the product |
5204 to 5207 |
Yarn and thread of cotton |
Spinning of natural fibres or Extrusion of man-made fibres combined with spinning or Twisting combined with any mechanical operation |
5208 to 5212 |
Woven fabrics of cotton |
Spinning of natural and/or man-made staple fibres combined with weaving or Extrusion of man-made filament yarn combined with weaving or Twisting or any mechanical operation combined with weaving or Weaving combined with dyeing or with coating or with laminating or Yarn dyeing combined with weaving or Weaving combined with printing or Printing (as standalone operation) |
ex Chapter 53 |
Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn; except for: |
Manufacture from materials of any heading, except that of the product |
5306 to 5308 |
Yarn of other vegetable textile fibres; paper yarn |
Spinning of natural fibres or Extrusion of man-made fibres combined with spinning or Twisting combined with any mechanical operation |
5309 to 5311 |
Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn: |
Spinning of natural and/or man-made staple fibres combined with weaving or Extrusion of man-made filament yarn combined with weaving or Weaving combined with dyeing or with coating or with laminating or Yarn dyeing combined with weaving or Weaving combined with printing or Printing (as standalone operation) |
5401 to 5406 |
Yarn, monofilament and thread of man-made filaments |
Spinning of natural fibres or Extrusion of man-made fibres combined with spinning or Twisting combined with any mechanical operation |
5407 and 5408 |
Woven fabrics of man-made filament yarn |
Spinning of natural and/or man-made staple fibres combined with weaving or Extrusion of man-made filament yarn combined with weaving or Twisting or any mechanical operation combined with weaving or Yarn dyeing combined with weaving or Weaving combined with dyeing or with coating or with laminating or Weaving combined with printing or Printing (as standalone operation) |
5501 to 5507 |
Man-made staple fibres |
Extrusion of man-made fibres |
5508 to 5511 |
Yarn and sewing thread of man-made staple fibres |
Spinning of natural fibres or Extrusion of man-made fibres combined with spinning or Twisting combined with any mechanical operation |
5512 to 5516 |
Woven fabrics of man-made staple fibres: |
Spinning of natural and/or man-made staple fibres combined with weaving or Extrusion of man-made filament yarn combined with weaving or Twisting or any mechanical operation combined with weaving or Weaving combined with dyeing or with coating or with laminating or Yarn dyeing combined with weaving or Weaving combined with printing or Printing (as standalone operation) |
ex Chapter 56 |
Wadding, felt and non-wovens; special yarns; twine, cordage, ropes and cables and articles thereof; except for: |
Spinning of natural fibres or Extrusion of man-made fibres combined with spinning |
5601 |
Wadding of textile materials and articles thereof; textile fibres, not exceeding 5 mm in length (flock), textile dust and mill neps |
Spinning of natural fibres or Extrusion of man-made fibres combined with spinning or Flocking combined with dyeing or printing or Coating, flocking, laminating, or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product |
5602 |
Felt, whether or not impregnated, coated, covered or laminated: |
|
— Needleloom felt |
Extrusion of man-made fibres combined with fabric formation. 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 that their total value does not exceed 40 % of the ex-works price of the product or Non-woven fabric formation alone in the case of felt made from natural fibres |
|
— Other |
Extrusion of man-made fibres combined with fabric formation or Non-woven fabric formation alone in the case of other felt made from natural fibres |
|
5603 |
Nonwovens whether or not impregnated, coated, covered or laminated |
|
5603 11 to 5603 14 |
Nonwovens whether or not impregnated, coated, covered or laminated of man-made filaments |
Manufacture from — directionally or randomly oriented filaments — or — substances or polymers of natural or man-made origin, — followed in both cases by bonding into a nonwoven |
5603 91 to 5603 94 |
Nonwovens whether or not impregnated, coated, covered or laminated, other than of man-made filaments |
Manufacture from — directionally or randomly oriented staple fibres — and/or — chopped yarns, of natural or man-made origin, — followed in both by bonding into a nonwoven |
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 |
Spinning of natural fibres or Extrusion of man-made fibres combined with spinning or Twisting combined with any mechanical operation |
|
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 |
Spinning of natural and/or man-made staple fibres or Extrusion of man-made fibres combined with spinning or Twisting combined with any mechanical operation |
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 |
Extrusion of man-made fibres combined with spinning or Twisting combined with gimping or Spinning of natural and/or man-made staple fibres or Flocking combined with dyeing |
Chapter 57 |
Carpets and other textile floor coverings: |
Spinning of natural and/or man-made staple fibres combined with weaving or with tufting or Extrusion of man-made filament yarn combined with weaving or with tufting or Manufacture from coir yarn or sisal yarn or jute yarn or classical ring spun viscose yarn or Tufting combined with dyeing or with printing or Flocking combined with dyeing or with printing or Extrusion of man-made fibres combined with non-woven techniques including needle punching Jute fabric may be used as a backing |
ex Chapter 58 |
Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery; except for: |
Spinning of natural and/or man-made staple fibres combined with weaving or tufting or Extrusion of man-made filament yarn combined with weaving or with tufting or Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing or Tufting combined with dyeing or with printing or Flocking combined with dyeing or with printing or Yarn dyeing combined with weaving or Weaving combined with printing or Printing (as standalone operation) |
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 from materials of any heading, except that of the product |
5810 |
Embroidery in the piece, in strips or in motifs |
Embroidering in which the value of all the materials of any heading, except that of the product, 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 |
Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing or Flocking combined with dyeing or with printing |
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 |
Weaving |
|
— Other |
Extrusion of man-made fibres combined with weaving |
|
5903 |
Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902 |
Weaving combined with impregnating or with coating or with covering or with laminating or with metalizing or Weaving combined with printing or Printing (as standalone operation) |
5904 |
Linoleum, whether or not cut to shape; floor coverings consisting of a coating or covering applied on a textile backing, whether or not cut to shape |
Weaving combined with dyeing or with coating or with laminating or with metalizing Jute fabric may be used as a backing. |
5905 |
Textile wall coverings: — Impregnated, coated, covered or laminated with rubber, plastics or other materials |
Weaving, knitting or non-woven fabric formation combined with impregnating or with coating or with covering or with laminating or with metalizing |
— Other |
Spinning of natural and/or man-made staple fibres combined with weaving or Extrusion of man-made filament yarn combined with weaving or Weaving, knitting or non-woven fabric formation combined with dyeing or with coating or with laminating or Weaving combined with printing or Printing (as standalone operation) |
|
5906 |
Rubberised textile fabrics, other than those of heading 5902 : |
|
— Knitted or crocheted fabrics |
Spinning of natural and/or man-made staple fibres combined with knitting/crocheting or Extrusion of man-made filament yarn combined with knitting/crocheting or Knitting or crocheting combined with rubberising or Rubberising combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
— Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials |
Extrusion of man-made fibres combined with weaving |
|
— Other |
Weaving, knitting or non-woven process combined with dyeing or with coating/rubberising or Yarn dyeing combined with weaving, knitting or non-woven process or Rubberising combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
5907 |
Textile fabrics otherwise impregnated, coated or covered; painted canvas being theatrical scenery, studio back-cloths or the like |
Weaving or knitting or non-woven fabric formation combined with dyeing or with printing or with coating or with impregnating or with covering or Flocking combined with dyeing or with printing or Printing (as standalone operation) |
5908 |
Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric therefore, whether or not impregnated: |
|
— Incandescent gas mantles, impregnated |
Manufacture from tubular knitted/crocheted gas mantle fabric |
|
— Other |
Manufacture from materials of any heading, except that of the product |
|
5909 to 5911 |
Textile articles of a kind suitable for industrial use: |
Spinning of natural and/or of man-made staple fibres combined with weaving or Extrusion of man-made fibres combined with weaving or Weaving combined with dyeing or with coating or with laminating or Coating, flocking, laminating or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 60 |
Knitted or crocheted fabrics |
Spinning of natural and/or man-made staple fibres combined with knitting/crocheting or Extrusion of man-made filament yarn combined with knitting/crocheting or Knitting/crocheting combined with dyeing or with flocking or with coating or with laminating or with printing or Flocking combined with dyeing or with printing or Yarn dyeing combined with knitting/crocheting or Twisting or texturing combined with knitting/crocheting provided that the value of the non-twisted/non-textured yarns used does not exceed 50 % of the ex-works price of the product |
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 |
Knitting or crocheting combined with making-up including cutting of fabric |
|
— Other |
Spinning of natural and/or man-made staple fibres combined with knitting or crocheting or Extrusion of man-made filament yarn combined with knitting or crocheting or Knitting and making-up in one operation |
|
ex Chapter 62 |
Articles of apparel and clothing accessories, not knitted or crocheted; except for: |
Weaving combined with making-up including cutting of fabric or Making-up including cutting of fabric preceded by printing (as standalone operation) |
ex 62 02 , ex 62 04 , ex 62 06 , ex 62 09 and ex 62 11 |
Women's, girls' and babies' clothing and clothing accessories for babies, embroidered |
Weaving combined with making-up including cutting of fabric or Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product |
ex 62 10 and ex 62 16 |
Fire-resistant equipment of fabric covered with foil of aluminised polyester |
Weaving combined with making-up including cutting of fabric or Coating or laminating provided that the value of the uncoated or unlaminated fabric used does not exceed 40 % of the ex-works price of the product, combined with making-up including cutting of fabric |
ex 62 12 |
Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, 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 |
Knitting combined with making-up including cutting of fabric or Making-up including cutting of fabric preceded by printing (as standalone operation) |
6213 and 6214 |
Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like: |
|
— Embroidered |
Weaving combined with making-up including cutting of fabric or Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product or Making-up including cutting of fabric preceded by printing (as standalone operation) |
|
— Other |
Weaving combined with making-up including cutting of fabric or Making-up preceded by printing (as standalone operation) |
|
6217 |
Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212 : |
|
— Embroidered |
Weaving combined with making-up including cutting of fabric or Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product or Making-up preceded by printing (as standalone operation) |
|
— Fire-resistant equipment of fabric covered with foil of aluminised polyester |
Weaving combined with making-up including cutting of fabric or Coating or laminating provided that the value of the uncoated or unlaminated fabric used does not exceed 40 % of the ex-works price of the product combined with making-up including cutting of fabric |
|
— Interlinings for collars and cuffs, cut out |
Manufacture: — from materials of any heading, except that of the product, and — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product |
|
— Other |
Weaving combined with making-up including cutting of fabric |
|
ex Chapter 63 |
Other made-up textile articles; sets; worn clothing and worn textile articles; rags; except for: |
Manufacture from materials of any heading, except that of the product |
6301 to 6304 |
Blankets, travelling rugs, bed linen etc.; curtains etc.; other furnishing articles: |
|
— Of felt, of nonwovens |
Non-woven fabric formation combined with making-up including cutting of fabric |
|
— Other: |
|
|
— Embroidered |
Weaving or knitting/crocheting combined with making-up including cutting of fabric or Manufacture from unembroidered fabric (other than knitted or crocheted), provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product |
|
— Other |
Weaving or knitting/crocheting combined with making-up including cutting of fabric |
|
6305 |
Sacks and bags, of a kind used for the packing of goods |
Extrusion of man-made fibres or spinning of natural and/or man-made staple fibres, combined with weaving or with knitting and making-up including cutting of fabric |
6306 |
Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods: |
|
— Of nonwovens |
Non-woven fabric formation combined with making-up including cutting of fabric |
|
— Other |
Weaving combined with making-up including cutting of fabric |
|
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, no originating articles may be incorporated, provided that their total value does not exceed 15 % of the ex-works price of the set |
ex Chapter 64 |
Footwear, gaiters and the like; parts of such articles; except for: |
Manufacture from materials of any heading, except from 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 from materials of any heading, except that of the product |
Chapter 65 |
Headgear and parts thereof |
Manufacture from materials of any heading, except that of the product |
Chapter 66 |
Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops, and parts thereof: |
Manufacture from materials of any heading, except that of the product or 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 from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 68 |
Articles of stone, plaster, cement, asbestos, mica or similar materials |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product |
Chapter 69 |
Ceramic products |
Manufacture from materials of any heading, except that of the product |
ex Chapter 70 |
Glass and glassware |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
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 from materials of any heading, except that of the product or Cutting of glassware, provided that the total value of the uncut glassware used 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 from materials of any heading, except that of the product |
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 from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product |
ex 71 02 , ex 71 03 and ex 71 04 |
Worked precious or semi-precious stones (natural, synthetic or reconstructed) |
Manufacture of materials of any subheading except that of the product |
7106 , 7108 and 7110 |
Precious metals: — Unwrought |
Manufacture from materials of any heading, except those of headings 7106 , 7108 and 7110 , or electrolytic, thermal or chemical separation of precious metals of heading 7106 , 7108 or 7110 , or fusion and/or alloying of precious metals of heading 7106 , 7108 or 7110 with each other or with base metals or purification |
— Semi-manufactured or in powder form |
Manufacture from unwrought precious metals |
|
ex 71 07 , ex 71 09 and ex 71 11 |
Metals clad with precious metals, semi-manufactured |
Manufacture from metals clad with precious metals, unwrought |
ex Chapter 72 |
Iron and steel; except for: |
Manufacture from materials of any heading, except 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 7212 |
Flat-rolled products of iron or non-alloy steel |
Manufacture from semi-finished materials of heading 7207 |
7213 to 7216 |
Bars and sections 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 |
7218 91 and 7218 99 |
Semi-finished products |
Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 or 7205 |
7219 to 7222 |
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 |
7224 90 |
Semi-finished products |
Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 or 7205 |
7225 to 7228 |
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 from materials of any heading, except that of the product |
ex 73 01 |
Sheet piling |
Manufacture from materials of heading 7207 |
7302 |
Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole plates (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 or steel |
Manufacture from materials of heading 7206 to 7212 and 7218 or 7224 |
ex 73 07 |
Tube or pipe fittings of stainless steel (ISO No X5CrNiMo 1712), consisting of several parts |
Turning, drilling, reaming, threading, deburring and sandblasting of forged blanks, provided that the total value of the forged blanks used 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 frameworks, 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 from materials of any heading, except that of the product. However, welded angles, shapes and sections of heading 7301 may not be used |
ex 73 15 |
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 from materials of any heading, except that of the product |
7403 |
Refined copper and copper alloys, unwrought |
Manufacture from materials of any heading |
7408 |
Copper wire |
Manufacture: — From materials of any heading, except that of the product, and — In which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 75 |
Nickel and articles thereof |
Manufacture from materials of any heading, except that of the product |
ex Chapter 76 |
Aluminium and articles thereof; except for: |
Manufacture: — From materials of any heading, except that of the product, and — In which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
7601 |
Unwrought aluminium |
Manufacture: — From materials of any heading, except that of the product, and — In which the value of all the materials used does not exceed 50 % of the ex-works price of the product or Manufacture by thermal or electrolytic treatment from unalloyed aluminium or waste and scrap of aluminium |
7602 |
Aluminium waste or scrap |
Manufacture from materials of any heading, except that of the product |
ex 76 16 |
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: — From materials of any heading, except 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; and — In which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 78 |
Lead and articles thereof |
Manufacture from materials of any heading, except that of the product |
Chapter 79 |
Zinc and articles thereof |
Manufacture from materials of any heading, except that of the product |
Chapter 80 |
Tin and articles thereof |
Manufacture from materials of any heading, except that of the product |
Chapter 81 |
Other base metals; cermets; articles thereof |
Manufacture from materials of any heading |
ex Chapter 82 |
Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal; except for: |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
8206 |
Tools of two or more of the headings 8202 to 8205 , put up in sets for retail sale |
Manufacture from materials of any heading, except those of headings 8202 to 8205 . However, tools of headings 8202 to 8205 may be incorporated into the set, provided that their total value does not exceed 15 % of the ex-works price of the set |
Chapter 83 |
Miscellaneous articles of base metal |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
ex Chapter 84 |
Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof; except for: |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % 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 50 % 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 50 % of the ex-works price of the product |
8425 to 8430 |
Pulley tackle and hoists other than skip hoists; winches and capstans; jacks: Ships' derricks; cranes, including cable cranes; mobile lifting frames, straddle carriers and works trucks fitted with a crane Fork-lift trucks; other works trucks fitted with lifting or handling equipment Other lifting, handling, loading or unloading machinery (for example, lifts, escalators, conveyors, teleferics) Self-propelled bulldozers, angledozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and roadrollers Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; piledrivers and pile extractors; snowploughs and snowblowers |
Manufacture from materials of any heading, except that of the product and heading 8431 or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
8444 to 8447 |
Machines for extruding, drawing, texturing or cutting man-made textile materials: Machines for preparing textile fibres; spinning, doubling or twisting machines and other machinery for producing textile yarns; textile reeling or winding (including weft-winding) machines and machines for preparing textile yarns for use on the machines of heading 8446 or 8447 Weaving machines (looms): Knitting machines, stitch-bonding machines and machines for making gimped yarn, tulle, lace, embroidery, trimmings, braid or net and machines for tufting |
Manufacture from materials of any heading, except that of the product and heading 8448 or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
8456 to 8465 |
Machine tools for working any material by removal of material Machining centres, unit construction machines (single station) and multi-station transfer machines, for working metal Lathes for removing metal Machine tools |
Manufacture from materials of any heading, except that of the product and heading 8466 or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
8470 to 8472 |
Calculating machines and pocket-size data-recording, reproducing and displaying machines with calculating functions; accounting machines, postage- franking machines, ticket-issuing machines and similar machines, incorporating a calculating device; cash registers Automatic data-processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data Other office machines |
Manufacture from materials of any heading, except that of the product and heading 8473 or Manufacture in which the value of all the materials used does not exceed 50 % 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 from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
8501 to 8502 |
Electric motors and generators Electric generating sets and rotary converters |
Manufacture from materials of any heading, except that of the product and heading 8503 or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
8519 , 8521 |
Sound recording or sound reproducing apparatus Video recording or reproducing apparatus, whether or not incorporating a video tuner |
Manufacture from materials of any heading, except that of the product and heading 8522 or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
8525 to 8528 |
Transmission apparatus for radio-broadcasting or television, television cameras, digital cameras and video camera recorders Radar apparatus, radio navigational aid apparatus and radio remote control apparatus Reception apparatus for radio-broadcasting Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, or video recording or reproducing apparatus |
Manufacture from materials of any heading, except that of the product and heading 8529 or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
8535 to 8537 |
Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits; connectors for optical fibres, optical fibre bundles or cables; boards, panels, consoles, desks, cabinets and other bases, for electric control or the distribution of electricity: |
Manufacture from materials of any heading, except that of the product and heading 8538 or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
8542 31 to 8542 39 |
Monolithic integrated circuits |
Diffusion in which integrated circuits are formed on a semi-conductor substrate by the selective introduction of an appropriate dopant assembled or not and/or tested in a non-party or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
8544 to 8548 |
Insulated wire, cable (and other insulated electric conductors, optical fibre cables Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, of a kind used for electrical purposes Electrical insulators of any material Insulating fittings for electrical machines, appliances or equipment, electrical conduit tubing and joints therefor, of base metal lined with insulating material 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 50 % of the ex-works price of the product |
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 |
Manufacture in which the value of all the materials used does not exceed 50 % 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 45 % of the ex-works price of the product |
8708 |
Parts and accessories for vehicles of headings 8701 to 8705 |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % 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 |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 88 |
Aircraft, spacecraft, and parts thereof |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 89 |
Ships, boats and floating structures |
Manufacture from materials of any heading, except that of the product; however, hulls of heading 8906 may not be used or 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 from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
9001 50 |
Spectacle lenses of other materials than glass |
Manufacture from materials of any heading, except that of the product or Manufacture in which one of the following operations is made: — surfacing of the semi-finished lens into a finished ophthalmic lens with optical corrective power meant to be mounted on a pair of spectacles — coating of the lens through appropriated treatments to improve vision and ensure protection of the wearer or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 91 |
Clocks and watches and parts thereof |
Manufacture in which the value of all the materials used does not exceed 40 % 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 50 % 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 |
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 |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 95 |
Toys, games and sports requisites; parts and accessories thereof |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 96 |
Miscellaneous manufactured articles |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
Chapter 97 |
Works of art, collectors' pieces and antiques |
Manufacture from materials of any heading, except that of the product |
(1)
For the special conditions relating to 'specific process(es)', see Introductory Notes 8.1 to 8.3.
(2)
For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
(3)
See Introductory Note 7.
(4)
See Introductory Note 9. |
ANNEX III
TEXT OF THE ORIGIN DECLARATION
The origin 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.
Albanian version
Eksportuesi i produkteve të mbuluara nga ky dokument (autorizim doganor Nr. … ( 5 )) deklaron që përveç rasteve kur tregohet qartësisht ndryshe, këto produkte janë me origjine preferenciale … ( 6 ) n në përputhje me Rregullat kalimtare të origjinës.
Arabic version
Bosnian version
Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. …(1)) izjavljuje da su, osim ako je to drugačije izričito navedeno, ovi proizvodi …(2) preferencijalnog porijekla u skladu sa prijelaznim pravilima porijekla.
Bulgarian version
Износителят на продуктите, обхванати от този документ (митническо разрешение №…(1)), декларира, че освен където ясно е отбелязано друго, тези продукти са с …(2) преференциален произход съгласно преходните правила за произход.
Croatian version
Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. … (1)) izjavljuje da su, osim ako je drukčije izričito navedeno, ovi proizvodi … (2) preferencijalnog podrijetla prema prijelaznim pravilima o podrijetlu.
Czech version
Vývozce výrobků uvedených v tomto dokumentu (číslo povolení … (1)) prohlašuje, že podle přechodných pravidel původu mají tyto výrobky kromě zřetelně označených preferenční původ v … (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) i henhold til overgangsreglerne for oprindelse.
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 … (2) oorsprong zijn in overeenstemming met de overgangsregels van oorsprong.
English version
The exporter of the products covered by this document (customs authorization No… (1)) declares that, except where otherwise clearly indicated, these products are of … (2) preferential origin according to the transitional rules of origin.
Estonian version
Käesoleva dokumendiga hõlmatud toodete eksportija (tolli kinnitus nr. … (1)) deklareerib, et need tooted on päritolureeglite üleminekueeskirjade kohaselt … (2) sooduspäritoluga, välja arvatud juhul, kui on selgelt näidatud teisiti.
Faeroese version
Útflytarin av vørunum, sum hetta skjal fevnir um (tollvaldsins loyvi nr. … (1)) váttar, át um ikki nakað annað er tilskilað, eru hesar vørur upprunavørur … (2) sambært skiftisreglunum um uppruna.
Finnish version
Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa n:o … (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja… (2) alkuperätuotteita siirtymäkauden alkuperäsääntöjen nojalla.
French version
L’exportateur des produits couverts par le présent document (autorisation douanière no … (1)) déclare que, sauf indication claire du contraire, ces produits ont l’origine préférentielle … (2) selon les règles d’origine transitoires.
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 … (2) Ursprungswaren gemäß den Übergangsregeln für den Ursprung sind.
Georgian version
Greek version
Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ’ αριθ. … (1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (2) σύμφωνα με τους μεταβατικούς κανόνες καταγωγής.
Hebrew version
Hungarian version
A jelen okmányban szereplő termékek exportőre (vámfelhatalmazási szám: … (1)) kijelentem, hogy eltérő egyértelmű jelzés hiányában a termékek az átmeneti származási szabályok szerint preferenciális … (2) származásúak.
Icelandic version
Útflytjandi framleiðsluvara sem skjal þetta tekur til (leyfi tollyfirvalda nr. … (1)), lýsir því yfir að vörurnar séu, ef annars er ekki greinilega getið, af … (2) uppruna samkvæmt upprunareglum á umbreytingartímabili.
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) conformemente alle norme di origine transitorie.
Latvian version
To produktu eksportētājs, kuri ietverti šajā dokumentā (muitas atļauja Nr. … (1)), deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir… (2) preferenciāla izcelsme saskaņā ar pārejas noteikumiem par izcelsmi.
Lithuanian version
Šiame dokumente nurodytų produktų eksportuotojas (muitinės leidimo Nr. … (1)) deklaruoja, kad, jeigu aiškiai nenurodyta kitaip, šie produktai turi … (2) lengvatinės kilmės statusą pagal pereinamojo laikotarpio kilmės taisykles.
Macedonian version
Извозникот на производите што ги покрива овоj документ (царинскo одобрение бр. … (1)) изjавува дека, освен ако тоа не е jасно поинаку назначено, овие производи се со … (2) преференциjaлно потекло, во согласност со преодните правила за потекло.
Maltese version
L-esportatur tal-prodotti koperti minn dan id-dokument (awtorizzazzjoni tad-dwana nru… (1)) jiddikjara li, ħlief fejn indikat mod ieħor b’mod ċar, dawn il-prodotti huma ta’ oriġini preferenzjali … (2) skont ir-regoli ta’ oriġini tranżitorji.
Montenegrin version
Извозник производа обухваћених овом исправом (царинско овлашћење бр. … (1)) изјављује да су, осим ако је другачије изричито наведено, ови производи … (2) преференцијалног пориjекла, у складу са транзиционим правилима поријекла.
Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlašćenje br. … (1)) izjavljuje da su, osim ako je drugačije izričito navedeno, ovi proizvodi … (2) preferencijalnog porijekla u skladu sa tranzicionim pravilima porijekla.
Norwegian version
Eksportøren av produktene omfattet av dette dokument (tollmyndighetenes autorisasjonsnr… (1)) erklærer at disse produktene, unntatt hvor annet er tydelig angitt, har preferanseopprinnelse i henhold til overgangsreglene for opprinnelse …(2).
Polish version
Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr… (1)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają …(2) preferencyjne pochodzenie zgodnie z przejściowymi regułami pochodzenia.
Portuguese version
O exportador dos produtos cobertos pelo presente documento (autorização aduaneira n.o… (1)) declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial … (2) de acordo com as regras de origem transitórias.
Romanian version
Exportatorul produselor care fac obiectul prezentului document (autorizația vamală nr. … (1)) declară că, exceptând cazul în care se indică altfel în mod clar, aceste produse sunt de origine preferențială … (2) în conformitate cu regulile de origine tranzitorii.
Serbian version
Извозник производа обухваћених овом исправом (царинско овлашћење бр. … (1)) изјављује да су, осим ако је другачије изричито наведено, ови производи … (2) преференцијалног порекла, у складу са прелазним правилима о пореклу.
Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlašćenje br… (1)) izjavljuje da su, osim ako je drugačije izričito nаvedeno, ovi proizvodi … (2) preferencijalnog porekla, u skladu sa prelaznim pravilima o poreklu.
Slovak version
Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia … (1)) vyhlasuje, že pokiaľ nie je zreteľne uvedené inak, tieto výrobky majú v súlade s prechodnými pravidlami pôvodu preferenčný pôvod v … (2).
Slovenian version
Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št… (1)), izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno … (2) poreklo v skladu s prehodnimi pravili o poreklu.
Spanish version
El exportador de los productos incluidos en el presente documento (autorización aduanera n.o… (1)) declara que, excepto donde se indique claramente lo contrario, estos productos son de origen preferencial… (2) con arreglo a las normas de origen transitorias.
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 … (2) ursprung i enlighet med övergångsreglerna om ursprung.
Turkish version
Bu belge kapsamındaki ürünlerin ihracatçısı (gümrük yetki No: … (1)), aksi açıkça belirtilmedikçe, bu ürünlerin geçiș menșe kurallarına göre … (2) tercihli menșeli olduğunu beyan eder.
Ukrainian version
Експортер продукцiї, на яку поширюється цей документ (митний дозвiл № … (1)) заявляє, що, за винятком випадкiв, де це явно зазначено, ця продукцiя має … (2) преференцiйне походження згiдно з перехiдними правилами походження.
…
(Place and date) ( 7 )
…
(Signature of the exporter, in addition the name of the person signing the declaration has to be indicated in clear script) ( 8 )
ANNEX IV
SPECIMENS OF MOVEMENT CERTIFICATE EUR.1 AND APPLICATION FOR A MOVEMENT CERTIFICATE EUR.1
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 Parties 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.
MOVEMENT CERTIFICATE
1. Exporter (Name, full address, country) |
EUR.1 |
No A |
000.000 |
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See notes overleaf before completing this form. |
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2. Certificate used in preferential trade between … and … (Insert appropriate countries, groups of countries or territories) |
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3. Consignee (Name, full address, country) (Optional) |
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4. Country, group of countries or territory in which the products are considered as originating |
5. Country, group of countries or territory of destination |
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6. Transport details (Optional) |
7. Remarks |
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8. Item number; Marks and numbers; Number and kind of packages(1); Description of goods |
9. Gross mass (kg) or other measure (litres, m3, etc.) |
10. Invoices (Optional) |
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11. CUSTOMS ENDORSEMENT Declaration certified Export document (2) Form … No … Of … Customs office … Issuing country or territory … … … Place and date … … … (Signature) |
Stamp |
12. DECLARATION BY THE EXPORTER I, the undersigned, declare that the goods described above meet the conditions required for the issue of this certificate. Place and date … … (Signature) |
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(1) If goods are not packed, indicate number of articles or state 'in bulk', as appropriate. (2) Complete only where the regulations of the exporting country or territory require. |
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13. REQUEST FOR VERIFICATION, to |
14. RESULT OF VERIFICATION |
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Verification carried out shows that this certificate (1) □ was issued by the customs office indicated and that the information contained therein is accurate. □ does not meet the requirements as to authenticity and accuracy (see remarks appended). |
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Verification of the authenticity and accuracy of this certificate is requested. … (Place and date) Stamp … (Signature) |
… (Place and date) Stamp … (Signature) (1) Insert X in the appropriate box. |
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NOTES 1. Certificate must not contain erasures or words written over one another. Any alterations must be made by deleting the incorrect particulars and adding any necessary corrections. Any such alteration must be initialled by the person who completed the certificate and endorsed by the Customs authorities of the issuing country or territory. 2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner as to make any later additions impossible. 3. Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified. |
APPLICATION FOR A MOVEMENT CERTIFICATE
1. Exporter (Name, full address, country) |
EUR.1 |
No A |
000.000 |
|
|
See notes overleaf before completing this form. |
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2. Application for a certificate to be used in preferential trade between … and … (Insert appropriate countries or groups of countries or territories) |
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3. Consignee (Name, full address, country) (Optional) |
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4. Country, group of countries or territory in which the products are considered as originating |
5. Country, group of countries or territory of destination |
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6. Transport details (Optional) |
7. Remarks |
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8. Item number; Marks and numbers; Number and kind of packages (1) ; Description of goods |
9. Gross mass (kg) or other measure (litres, m3, etc.) |
10. Invoices (Optional) |
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(1)
If goods are not packed, indicate number of articles or state 'in bulk', as appropriate. |
DECLARATION BY THE EXPORTER
I, the undersigned, exporter of the goods described overleaf,
DECLARE that the goods meet the conditions required for the issue of the attached certificate;
SPECIFY as follows the circumstances which have enable these goods to meet the above conditions:
…
…
…
…
SUBMIT the following supporting documents ( 9 ):
…
…
…
…
UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which those authorities may require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspection of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said authorities;
REQUEST the issue of the attached certificate for those goods.
…
(Place and date)
…
(Signature)
ANNEX V
SPECIAL CONDITIONS CONCERNING PRODUCTS ORIGINATING IN CEUTA AND MELILLA
Sole Article
Providing they comply with the non-alteration rule of Article 14 of this Appendix, the following shall be considered as:
products originating in Ceuta and Melilla:
products wholly obtained in Ceuta and Melilla;
products obtained in Ceuta and Melilla in the manufacture of which products other than products wholly obtained in Ceuta and Melilla are used, provided that:
the said products have undergone sufficient working or processing within the meaning of Article 4 of this Appendix; or
those products originate in the West Bank and the Gaza Strip or in the European Union, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 6 of this Appendix;
products originating in the West Bank and the Gaza Strip:
products wholly obtained in the West Bank and the Gaza Strip;
products obtained in the West Bank and the Gaza Strip, in the manufacture of which products other than products wholly obtained in the West Bank and the Gaza Strip are used, provided that:
those products have undergone sufficient working or processing within the meaning of Article 4 of this Appendix; or
those products originate in Ceuta and Melilla or in the European Union, and they have been submitted to working or processing which goes beyond the operations referred to in Article 6 of this Appendix.
ANNEX VI
SUPPLIER'S DECLARATION
The supplier's declaration, the text of which is provided below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
SUPPLIER'S DECLARATION
for goods which have undergone working or processing in applying Contracting Parties without having obtained preferential origin status
I, the undersigned, supplier of the goods covered by the annexed document, declare that:
The following materials which do not originate in [indicate the name of the relevant applying Contracting Party(ies)] have been used in [indicate the name of the relevant applying Contracting Party(ies)] to produce these goods:
Description of the goods supplied (1) |
Description of non-originating materials used |
Heading of non-originating materials used (2) |
Value of non-originating materials used (3) |
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Total value |
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(1)
When the invoice, delivery note or other commercial document to which the declaration is annexed relates to different kinds of goods, or to goods which do not incorporate non-originating materials to the same extent, the supplier must clearly differentiate them. Example: The document relates to different models of electric motor of heading 8501 to be used in the manufacture of washing machines of heading 8450 . The nature and value of the non-originating materials used in the manufacture of those motors differ from one model to another. The models must therefore be differentiated in the first column and the indications in the other columns must be provided separately for each of the models to make it possible for the manufacturer of washing machines to make a correct assessment of the originating status of his products depending on which model of electrical motor he uses.
(2)
The indications requested in those columns should only be given if they are necessary. Examples: The rule for garments of ex Chapter 62 says Weaving combined with making-up including cutting of fabric may be used. If a manufacturer of such garments in an applying Contracting Party uses fabric imported from the European Union which has been obtained there by weaving non-originating yarn, it is sufficient for the European Union supplier to describe in his declaration the non-originating material used as yarn, without it being necessary to indicate the heading and value of such yarn. A producer of iron of heading 7217 who has produced it from non-originating iron bars should indicate in the second column 'bars of iron'. Where this wire is to be used in the production of a machine, for which the rule contains a limitation for all non-originating materials used to a certain percentage value, it is necessary to indicate in the third column the value of non-originating bars.
(3)
'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 [indicate the name of the relevant applying Contracting Party(ies)]. The exact value for each non-originating material used must be given per unit of the goods specified in the first column. |
All the other materials used in [indicate the name of the relevant applying Contracting Party(ies)] to produce those goods originate in [indicate the name of the relevant applying Contracting Party(ies)];
The following goods have undergone working or processing outside [indicate the name of the relevant applying Contracting Party(ies)] in accordance with Article 13 of this Appendix and have acquired the following total added value there:
Description of the goods supplied |
Total added value acquired outside [indicate the name of the relevant applying Contracting Party(ies)] (1) |
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(Place and date) |
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(Address and signature of the supplier; in addition the name of the person signing the declaration has to be indicated in clear script) |
(1)
'Total added value' shall mean all costs accumulated outside [indicate the name of the relevant applying Contracting Party(ies)], including the value of all materials added there. The exact total added value acquired outside [indicate the name of the relevant applying Contracting Party(ies)] must be given per unit of the goods specified in the first column. |
ANNEX VII
LONG-TERM SUPPLIER'S DECLARATION
The long-term supplier's 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.
LONG-TERM SUPPLIER'S DECLARATION
for goods which have undergone working or processing in an applying Contracting Party without having obtained preferential origin status
I, the undersigned, supplier of the goods covered by the annexed document, which are regularly supplied to ( 10 ) …, declare that:
The following materials which do not originate in [indicate the name of the relevant applying Contracting Party(ies)] have been used in [indicate the name of the relevant applying Contracting Party(ies)] to produce these goods:
Description of the goods supplied (1) |
Description of non-originating materials used |
Heading of non-originating materials used (2) |
Value of non-originating materials used (3) |
|
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|
|
|
|
|
|
|
|
|
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Total value |
|
||
(1)
When the invoice, delivery note or other commercial document to which the declaration is annexed relates to different kinds of goods, or to goods which do not incorporate non-originating materials to the same extent, the supplier must clearly differentiate them. Example: The document relates to different models of electric motor of heading 8501 to be used in the manufacture of washing machines of heading 8450 . The nature and value of the non-originating materials used in the manufacture of those motors differ from one model to another. The models must therefore be differentiated in the first column and the indications in the other columns must be provided separately for each of the models to make it possible for the manufacturer of washing machines to make a correct assessment of the originating status of his products depending on which model of electrical motor he uses.
(2)
The indications requested in these columns should only be given if they are necessary. Examples: The rule for garments of ex Chapter 62 says Weaving combined with making-up including cutting of fabric may be used. If a manufacturer of such garments in an applying Contracting Party uses fabric imported from the European Union which has been obtained there by weaving non-originating yarn, it is sufficient for the European Union supplier to describe in his declaration the non-originating material used as yarn, without it being necessary to indicate the heading and value of such yarn. A producer of iron of heading 7217 who has produced it from non-originating iron bars should indicate in the second column 'bars of iron'. Where this wire is to be used in the production of a machine, for which the rule contains a limitation for all non-originating materials used to a certain percentage value, it is necessary to indicate in the third column the value of non-originating bars.
(3)
'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 [indicate the name of the relevant applying Contracting Party(ies)]. The exact value for each non-originating material used must be given per unit of the goods specified in the first column. |
All the other materials used in [indicate the name of the relevant applying Contracting Party(ies)] to produce those goods originate in [indicate the name of the relevant applying Contracting Party(ies)];
The following goods have undergone working or processing outside [indicate the name of the relevant applying Contracting Party(ies)] in accordance with Article 13 of this Appendix and have acquired the following total added value there:
Description of the goods supplied |
Total added value acquired outside [indicate the name of the relevant applying Contracting Party(ies)] (1) |
|
|
|
|
|
|
(1)
'Total added value' shall mean all costs accumulated outside [indicate the name of the relevant applying Contracting Party(ies)], including the value of all materials added there. The exact total added value acquired outside [indicate the name of the relevant applying Contracting Party(ies)] must be given per unit of the goods specified in the first column. |
This declaration is valid for all subsequent consignments of those goods dispatched from…
to… ( 11 )
I undertake to inform …(1) immediately if this declaration is no longer valid.
|
(Place and date) |
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(Address and signature of the supplier; in addition the name of the person signing the declaration has to be indicated in clear script) |
FINAL ACT
The plenipotentiaries of
the EUROPEAN COMMUNITY,
hereinafter referred to as ‘the Community’,
of the one part, and
the plenipotentiaries of
the PALESTINE LIBERATION ORGANIZATION (PLO) FOR THE BENEFIF OF THE PALESTINIAN AUTHORITY OF THE WEST BANK AND THE GAZA STRIP,
hereinafter referred to as ‘the Palestinian Authority’,
of the other part,
meeting at Brussels on 24 February 1997 for the signature of the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, hereinafter referred to as ‘Euro-Mediterranean Interim Association Agreement’ have adopted the following texts:
Protocol 1 |
concerning the provisional arrangements applicable to imports into the European Union of agricultural products, processed agricultural products and fish and fishery products originating in the West Bank and the Gaza Strip, |
Protocol 2 |
on the arrangements applying to imports into the West Bank and the Gaza Strip of agricultural products, processed agricultural products and fish and fishery products originating in the European Union, |
Protocol 3 |
concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation. |
The plenipotentiaries of the Community and the plenipotentiaries of the Palestinian Authority have adopted the texts of the Declarations listed below and annexed to this Final Act:
and, as regards Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, the following Joint Declarations:
Joint Declaration concerning the Principality of Andorra;
Joint Declaration concerning the Republic of San Marino.
The plenipotentiaries of the Community and the plenipotentiaries of the Palestinian Authority have also taken note of the Agreement in the form of an exchange of letters mentioned below and attached to this Final Act:
The plenipotentiaries of the Palestinian Authority have taken note of the Declaration by the European Community mentioned below and annexed to this Final Act:
Hecho en Bruselas, el veinticuatro de febrero de mil novecientos noventa y siete.
Udfærdiget i Bruxelles den fireogtyvende februar nitten hundrede og syv og halvfems.
Geschehen zu Brüssel am vierundzwanzigsten Februar neunzehnhundertsiebenundneunzig.
Έγινε στις Βρυξέλλες, στις είκοσι τέσσερις Φεβρουαρίου χίλια εννιακόσια ενενήντα επτά.
Done at Brussels on the twenty-fourth day of February in the year one thousand nine hundred and ninety-seven.
Fait à Bruxelles, le vingt-quatre février mil neuf cent quatre-vingt-dix-sept.
Fatto a Bruxelles, addì ventiquattro febbraio millenovecentonovantasette.
Gedaan te Brussel, de vierentwintigste februari negentienhonderd zevenennegentig.
Feito em Bruxelas, em vinte e quatro de Fevereiro de mil novecentos e noventa e sete.
Tehty Brysselissä kahdentenakymmenentenäneljäntenä päivänä helmikuuta vuonna tuhat- yhdeksänsataayhdeksänkymmentäseitsemän.
Som skedde i Bryssel den tjugofjärde februari nittonhundranittiosju.
Por la Comunidad Europea
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Για την Ευρωπαϊκή 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
JOINT DECLARATIONS
Joint Declaration on intellectual, industrial and commercial property (Article 33 of the Agreement)
For the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the 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 protection against unfair competition as referred to in Article 10a 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 55 of the Agreement
The Parties reaffirm their commitment to the Middle East Peace Process and their belief that peace should be consolidated through regional cooperation. The Community is prepared to support joint development projects submitted by the Palestinian Authority and other regional parties, subject to relevant Community technical and budgetary procedures.
The Parties reaffirm that the Agreement forms part of the process launched at the Barcelona Conference of 27 November 1995 and that the bilateral cooperation between the European Community and the Palestinian Authority is complementary to the regional cooperation taking place in the context of the Euro-Mediterranean Partnership.
Joint Declaration on Article 58 of the Agreement
The Parties agree that access to employment will not be included in the framework of youth exchange programmes.
Joint Declaration on decentralized cooperation
The Parties reaffirm the importance they attach to decentralized cooperation programmes as a means of encouraging exchanges of experience and transfer of knowledge in the Mediterranean region and between the European Community and its Mediterranean partners.
Joint Declaration on Article 67 of the Agreement
When the arbitration procedure is applied, the Parties will endeavour to ensure that the Joint Committee appoints a third arbitrator within two months of the appointment of the second arbitrator.
Joint Declaration on Article 70 of the Agreement
1. The Parties agree, for the purposes of the interpretation and the application of the Agreement, that the cases of special urgency referred to in Article 70 of the Agreement mean cases of substantial violation of the Agreement by one of the two Parties. A substantial violation of the Agreement consists of:
2. The Parties agree that the appropriate measures referred to in Article 70 are measures taken in accordance with international law. If one Party takes a measure in a case of special urgency in application of Article 70 the other Party may invoke the dispute settlement procedure.
Joint Declaration on data protection
The Parties agree that the protection of data will be guaranteed in all areas where the exchange of personal data is envisaged.
Joint Declaration on a programme of support for Palestinian industry
The Parties agree that a programme of support will be put at the disposal of Palestinian industry, designed to nurture and develop the capacity of the Palestinian industrial sector.
The Community extends access to start-up funding and to capital to Palestinian businesses in the West Bank and the Gaza Strip. This includes the European Community Investment Partners programme (ECIP), which provides assistance for business start-up costs, such as feasibility studies and technical assistance, and in some cases, access to funding for joint ventures. Loan funding, particularly for small and medium-sized enterprises, through a revolving fund administered by the Palestinian Development Fund, is also available on the basis of grants provided by the Community. The European Investment Bank extends loan funding and risk capital to Palestinian business through local banks.
The Community has established the Centre for Private Development in the West Bank and the Gaza Strip, in order to provide support, training and advice to Palestinian industry, in business start-up and planning, business management, strategy and marketing.
The Community recognizes that Palestinian industry must seek markets abroad. The present Agreement therefore permits duty-free access of Palestinian industrial products to European Community markets. The Palestinian Enterprise Centre, and, within it, the Euro-Info Centre, are therefore available to promote and facilitate contacts and joint ventures between European and Palestinian industry, through partnership events (the Euro-Partenariat, Med-Partenariat and Med-Enterprise schemes) and a variety of other means (such as the ВС Net and BRE networks), which from time to time become available.
The Community also recognizes that Palestinian industry has suffered from a lack of basic economic infrastructure. Noting that, in the context of the assistance provided by the Community for the development of the West Bank and the Gaza Strip, part of this assistance may be provided in support of Palestinian industry, the Community will consider requests from the Palestinian Authority that a proportion of these funds, as grants or loans, may be devoted to the rehabilitation of vital economic infrastructures.
In the framework of the economic cooperation provided for under the current Agreement, the two Parties will have regular exchanges of views in order to establish how the range of support mechanisms described in this Declaration, as well as any others which may become available, may most effectively be combined to provide the most appropriate support to Palestinian industry.
Joint Declaration concerning the Principality of Andorra
1. Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonized System shall be accepted by the Palestinian Authority as originating in the Community within the meaning of this Agreement.
2. Protocol 3 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 the Palestinian Authority as originating in the Community within the meaning of this Agreement.
2. Protocol 3 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products.
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DECLARATION BY THE EUROPEAN COMMUNITY
Declaration on cumulation of origin
In line with political developments, if and when the Palestinian Authority and one or more Mediterranean countries conclude Agreements to establish free trade among themselves, the European Community is prepared to implement cumulation of origin in its trade arrangements with those countries.
COMMON DECLARATION
COOPERATION ON SANITARY AND PHYTOSANITARY OR TECHNICAL BARRIERS TO TRADE ISSUES
The Parties shall solve any problems, in particular sanitary, phytosanitary or technical barriers to trade, hindering the implementation of this Agreement, by means of existing administrative arrangements. The results shall then be reported to the relevant Sub-committees and to the Joint Committee. The Parties commit to examine and solve such cases with the shortest possible delay in a friendly manner, in line with their respective applicable laws and with WTO, OIE, IPPC and Codex Alimentarius standards.
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 54, 26.2.2013, p. 4.
( 3 ) The parties agree to waive the obligation to include in the proof of origin the statement referred to in Article 8(3).
( 4 ) OJ L 302, 15.11.1985, p. 23.
( 5 ) When the origin declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the origin declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
( 6 ) Origin of products to be indicated. When the origin declaration relates in whole or in part, to products originating in Ceuta and Melilla, the exporter must clearly indicate them in the document on which the declaration is made out, by means of the symbol 'CM'.
( 7 ) These indications may be omitted if the information is contained on the document itself.
( 8 ) In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.
( 9 ) For example: import documents, movement certificates, invoices, manufacturer's declarations, etc., referring to the products used in manufacture or to the goods re-exported in the same state.
( 10 ) Name and address of the customer.
( 11 ) Insert dates. The period of validity of the long-term supplier's declaration should not normally exceed 24 months, subject to the conditions laid down by the customs authorities of the applying Contracting Party where the long-term supplier's declaration is made out.