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Document 02007R1528-20141225

    Consolidated text: Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements

    ELI: http://data.europa.eu/eli/reg/2007/1528/2014-12-25

    2007R1528 — EN — 25.12.2014 — 005.001


    This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

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    COUNCIL REGULATION (EC) No 1528/2007

    of 20 December 2007

    applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements

    (OJ L 348, 31.12.2007, p.1)

    Amended by:

     

     

    Official Journal

      No

    page

    date

     M1

    COUNCIL REGULATION (EC) No 1217/2008 of 8 December 2008

      L 330

    1

    9.12.2008

    ►M2

    COUNCIL REGULATION (EU) No 517/2013 of 13 May 2013

      L 158

    1

    10.6.2013

    ►M3

    REGULATION (EU) No 527/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2013

      L 165

    59

    18.6.2013

    ►M4

    REGULATION (EU) No 37/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 January 2014

      L 18

    1

    21.1.2014

    ►M5

    REGULATION (EU) No 38/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 January 2014

      L 18

    52

    21.1.2014

    ►M6

    COMMISSION DELEGATED REGULATION (EU) No 1025/2014 of 25 July 2014

      L 284

    1

    30.9.2014

     M7

    COMMISSION DELEGATED REGULATION (EU) No 1026/2014 of 25 July 2014

      L 284

    3

    30.9.2014

    ►M8

    COMMISSION DELEGATED REGULATION (EU) No 1027/2014 of 25 July 2014

      L 284

    5

    30.9.2014

    ►M9

    COMMISSION DELEGATED REGULATION (EU) No 1387/2014 of 14 November 2014

      L 369

    35

    24.12.2014


    Corrected by:

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    Corrigendum, OJ L 013, 20.1.2015, p. 13 (1026/2014)




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    COUNCIL REGULATION (EC) No 1528/2007

    of 20 December 2007

    applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements



    THE COUNCIL OF THE EUROPEAN UNION,

    Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

    Having regard to the proposal from the Commission,

    Whereas:

    (1)

    The Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 ( 1 ) (hereinafter referred to as the ‘ACP-EC Partnership Agreement’) provides that Economic Partnership Agreements (EPAs) are to enter into force no later than 1 January 2008.

    (2)

    The ACP-EC Partnership Agreement provides for the maintenance of the trading arrangements contained in Annex V to that Agreement until 31 December 2007.

    (3)

    Since 2002 the Community has been negotiating Economic Partnership Agreements with the ACP Group of States in the form of six regions comprising the Caribbean, Central Africa, Eastern and Southern Africa, the Pacific Island States, the South African Development Community and West Africa. Such Economic Partnership Agreements will be consistent with WTO obligations, support regional integration and promote the gradual integration of the ACP economies into the rules-based world trading system, thereby fostering their sustainable development and contributing to the overall effort to eradicate poverty and to enhance living conditions in the ACP countries. In a first stage, negotiations may be concluded on agreements leading to the establishment of Economic Partnership Agreements covering at least WTO compatible goods arrangements consistent with regional economic and political integration processes, to be complemented as soon as possible by complete Economic Partnership Agreements.

    (4)

    Those agreements establishing, or leading to the establishment of, Economic Partnership Agreements for which negotiations have been concluded provide that the parties may take steps to apply the agreement, before provisional application on a mutual basis, to the extent feasible. It is appropriate to take action to apply the agreements on the basis of these provisions.

    (5)

    The arrangements included in this Regulation are to be amended, as necessary, in accordance with the agreements establishing, or leading to the establishment of, Economic Partnership Agreements, as and when such agreements are signed and concluded pursuant to Article 300 of the Treaty and are either provisionally applied or in force. The arrangements are to be terminated in whole or in part if the agreements in question do not enter into force within a reasonable period of time in accordance with the Vienna Convention on the Law of Treaties.

    (6)

    For imports into the Community, the arrangements in the agreements establishing, or leading to the establishment of, Economic Partnership Agreements, should provide for duty free access and no tariff rate quotas for all products with the exception of arms. These arrangements are subject to transitional periods and arrangements for certain sensitive products and specific arrangements for the French Overseas Departments. In the light of the specificities of the situation of South Africa, products originating in South Africa should continue to benefit from the relevant provisions of the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and South Africa, of the other part ( 2 ) (hereinafter referred to as the ‘TDCA’), until such time as an agreement establishing, or leading to the establishment of, Economic Partnership Agreements enters into force between the Community and South Africa.

    (7)

    Instead of relying on the special arrangements for least-developed countries provided for in Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences ( 3 ), it is preferable that those least-developed countries which are also ACP States base their future trade relationship with the Community on Economic Partnership Agreements. In order to facilitate such a development, it is appropriate to provide that such countries which have concluded negotiations on agreements establishing, or leading to the establishment of, Economic Partnership Agreements, and which can benefit from the arrangements provided under this Regulation may continue to benefit, for a limited period of time, from the special arrangements for least-developed countries in Regulation (EC) No 980/2005 in respect of those products where the transitional arrangements set out in this Regulation are less favourable.

    (8)

    The rules of origin applicable to imports made under this Regulation should for a transitional period be those laid down in Annex II to this Regulation. Those rules of origin should be superseded by those annexed to any agreement with the regions or states listed in Annex I when that agreement is either provisionally applied, or enters into force, whichever is the earliest.

    (9)

    It is necessary to provide for the possibility of temporarily suspending the arrangements set out in this Regulation in the event of any failure to provide administrative cooperation, irregularities or fraud. Where a Member State supplies information to the Commission concerning possible fraud or failure to provide administrative cooperation, the relevant Community legislation should apply, in particular Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters ( 4 ).

    (10)

    It is appropriate that this Regulation should provide for transitional arrangements for sugar and rice, together with special transitional safeguard and surveillance mechanisms applicable after the termination of the transitional arrangements.

    (11)

    In the context of the transitional arrangements for sugar, according to Council Decision 2007/627/EC ( 5 ), Protocol 3 on ACP sugar attached to Annex V to the ACP-EC Partnership Agreement will cease to apply with effect from 1 October 2009.

    (12)

    Upon the termination of Protocol 3 on ACP sugar and in view of the particular sensitivity of the sugar market, it is appropriate to adopt transitional measures for that product. At the same time, it is appropriate to adopt specific transitional surveillance and safeguard measures for certain agricultural processed products with a potentially high sugar content which could be traded to circumvent the transitional specific safeguard measures for sugar imports into the Community.

    (13)

    It is also appropriate to adopt general safeguard measures for the products covered by this Regulation.

    (14)

    In view of the particular sensitivity of agricultural products, it is appropriate that bilateral safeguard measures may be taken when imports cause or threaten to cause disturbances in the markets for such products or disturbances in the mechanisms regulating those markets.

    (15)

    In accordance with Article 299(2) of the Treaty, due account should be taken in all Community policies of the particular structural, social and economic situations of the outermost regions of the Community specifically with reference to customs and trade policies.

    (16)

    Special account should therefore be taken both of the sensitivity of agricultural products, especially sugar, and of the particular vulnerability and interests of the outermost regions of the Community when laying down the rules on bilateral safeguards in an effective manner.

    (17)

    The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ( 6 ).

    (18)

    This Regulation makes it necessary to repeal the current set of regulations adopted in the context of Annex V of the ACP-EC Partnership Agreement, notably Council Regulation (EC) No 2285/2002 of 10 December 2002 on the safeguard measures provided for in the ACP-EC Partnership Agreement ( 7 ), Council Regulation (EC) No 2286/2002 of 10 December 2002 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) ( 8 ) and Article 1(2) of Council Regulation (EC) No 1964/2005 of 29 November 2005 on the tariff rates for bananas ( 9 ). As a consequence, all implementing measures based on those provisions which are repealed are rendered obsolete,

    HAS ADOPTED THIS REGULATION:



    CHAPTER I

    SUBJECT MATTER, SCOPE AND MARKET ACCESS

    Article 1

    Subject matter

    This Regulation applies the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements.

    Article 2

    Scope

    1.  This Regulation shall apply to products originating in the regions and states listed in Annex I.

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    2.  The Commission shall amend Annex I by means of delegated acts in accordance with Article 24a to add regions or states from the ACP Group of States which have concluded negotiations on an agreement between the Union and that region or state which at least meets the requirements of Article XXIV GATT 1994.

    3.  That region or state will remain on the list in Annex I to this Regulation unless the Commission adopts a delegated act in accordance with Article 24a amending Annex I to remove a region or state from that Annex, in particular where:

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    (a) the region or state indicates that it intends not to ratify an agreement which has permitted it to be included in Annex I;

    (b) ratification of an agreement which has permitted a region or state to be included in Annex I has not taken place within a reasonable period of time such that the entry into force of the agreement is unduly delayed; or

    (c) the agreement is terminated, or the region or state concerned terminates its rights and obligations under the agreement but the agreement otherwise remains in force.

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    Article 2a

    Delegation of power

    The Commission shall be empowered to adopt delegated acts in accordance with Article 2b to amend Annex I to this Regulation by reinstating those regions or states from the ACP Group of States which were removed from that Annex pursuant to Regulation (EU) No 527/2013 of the European Parliament and of the Council ( 10 ), and which have, since such removal, taken the necessary steps towards ratification of their respective agreements.

    Article 2b

    Exercise of the delegation

    1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

    2.  The power to adopt delegated acts referred to in Article 2a shall be conferred on the Commission for a period of five years from 21 June 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five- year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

    3.  The delegation of power referred to in Article 2a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the delegated acts already in force.

    4.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

    5.  A delegated act adopted pursuant to Article 2a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

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    Article 3

    Market access

    1.  Subject to Articles 6, 7 and 8, import duties shall be eliminated on all products of Chapters 1 to 97 but not 93 of the Harmonised System originating in a region or state listed in Annex I. Such elimination shall be subject to the transitional safeguard and surveillance mechanisms set out in Articles 9 and 10 and the general safeguards mechanism provided for in Articles 11 to 22.

    2.  For products of Chapter 93 of the Harmonised System originating in regions or states listed in Annex I the most favoured nation duties applied shall continue to apply.

    3.  Notwithstanding Article 3(2) of Regulation (EC) No 980/2005, products originating in least-developed countries listed in Annex I of that Regulation which are included in Annex I to this Regulation shall, in addition to the arrangements provided for in this Regulation, continue to benefit from the preferences provided for pursuant to Regulation (EC) No 980/2005 in respect of products:

    (a) of tariff heading 1006 except for subheading 1006 10 10 , until 31 December 2009; and

    (b) of tariff heading 1701 , until 30 September 2009.

    4.  Paragraph 1 of this Article and Articles 6, 7 and 8 shall not apply to products originating in South Africa. Such products shall be subject to the relevant provisions of the TDCA. In accordance with the procedure referred to in Article 24(3), an Annex shall be added to this Regulation setting out the regime applicable to products originating in South Africa once the relevant trade provisions of the TDCA have been superseded by the relevant provisions of an agreement establishing, or leading to the establishment of, an Economic Partnership Agreement.

    5.  Paragraph 1 shall not apply to products of tariff heading 0803 00 19 originating in a region or state listed in Annex I and released for free circulation in the Community's outermost regions until 1 January 2018. Paragraph 1 of this Article and Article 7 shall not apply to products of tariff heading 1701 originating in a region or state listed in Annex I and released for free circulation in the French overseas departments until 1 January 2018. Those periods shall be extended to 1 January 2028 unless otherwise agreed between the Parties to the relevant agreements. The Commission shall publish a notice in the Official Journal of the European Union informing interested parties of the termination of this provision.



    CHAPTER II

    RULES OF ORIGIN AND ADMINISTRATIVE COOPERATION

    Article 4

    Rules of Origin

    1.  The rules of origin set out in Annex II shall apply in order to determine whether products originate in the regions or states listed in Annex I.

    2.  The rules of origin set out in Annex II shall be superseded by those annexed to any agreement with the regions or states listed in Annex I when that agreement is either provisionally applied, or enters into force, whichever is the earlier. The Commission shall publish a notice in the Official Journal of the European Union to inform operators. The notice shall specify the date of provisional application or entry into force, which shall be the date from which the rules of origin in the agreement shall apply to products originating in the regions and states listed in Annex I.

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    3.  The Commission shall be assisted by the Customs Code Committee established by Article 184 of Regulation (EC) No 450/2008 of the European Parliament and of the Council ( 11 ).

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    4.  The Commission shall be empowered to adopt delegated acts in accordance with Article 24a of this Regulation concerning technical amendments to Annex II where required to take account of amendments to other Union customs legislation.

    5.  Decisions on the management of Annex II to this Regulation may be adopted in accordance with the procedure referred to in Articles 183 and 184 of Regulation (EC) No 450/2008.

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    Article 5

    Administrative cooperation

    1.  Where the Commission has made a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud, it may temporarily suspend the elimination of duties in Articles 3, 6 and 7 (hereafter referred to as the ‘relevant treatment’) in accordance with this Article.

    2.  For the purpose of this Article a failure to provide administrative cooperation shall mean, inter alia:

    (a) a repeated failure to respect relevant obligations requiring the verification of the originating status of the product(s) concerned;

    (b) a repeated refusal or undue delay in carrying out and/or communicating the results of subsequent verification of the proof of origin;

    (c) a repeated refusal or undue delay in obtaining authorisation to conduct administrative cooperation missions to verify the authenticity of documents or accuracy of information relating to the granting of the relevant treatment.

    For the purpose of this Article a finding of irregularities or fraud may be made, inter alia, where there is a rapid increase, without satisfactory explanation, in imports of goods exceeding the usual level of production and export capacity of the region or state concerned.

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    3.  Where the Commission, on the basis of information provided by a Member State or on its own initiative, finds that the conditions laid down in paragraphs 1 and 2 of this Article are fulfilled, the relevant treatment may be suspended in accordance with the advisory procedure referred to in Article 21(4), provided that the Commission has first:

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    (a) informed the Committee provided for in Article 24;

    (b) notified the region or state concerned in accordance with any relevant procedures applicable between the Community and that state or region; and

    (c) published a notice in the Official Journal of the European Union stating that a finding has been made of a failure to provide administrative cooperation, irregularities or fraud.

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    4.  The period of suspension under this Article shall be limited to the period necessary to protect the Union's financial interests. It shall not exceed six months, however that period may be renewed. At the end of that period, the Commission shall decide either to terminate the suspension or to extend the period of suspension in accordance with the advisory procedure referred to in Article 21(4).

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    5.  The temporary suspension procedures set out in paragraphs 2 to 4 shall be superseded by those set out in any agreement with the regions or states listed in Annex I when that agreement is either provisionally applied or enters into force, whichever is the earlier. The Commission shall publish a notice in the Official Journal of the European Union to inform operators. The notice shall specify the date of provisional application or entry into force, which shall be the date from which the temporary suspension procedures in the agreement shall apply to products covered by this Regulation.

    6.  In order to implement the temporary suspension provided for in any agreement with the regions or states listed in Annex I, the Commission shall, without undue delay:

    (a) inform the Committee provided for in Article 24 that a finding has been made of a failure to provide administrative cooperation, irregularities or fraud; and

    (b) publish the notice in the Official Journal of the European Union stating that a finding has been made of a failure to provide administrative cooperation, irregularities or fraud.

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    The decision suspending the relevant treatment shall be adopted in accordance with the advisory procedure referred to in Article 21(4).

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    CHAPTER III

    TRANSITIONAL ARRANGEMENTS



    SECTION 1

    Rice

    Article 6

    Zero duty tariff rate quotas and eventual elimination of duties

    1.  Import duties on the products of tariff heading 1006 shall be eliminated as from 1 January 2010, with the exception of import duties on the products of subheading 1006 10 10 which shall be eliminated as from 1 January 2008.

    2.  The following tariff rate quotas at zero duty shall be opened for products of tariff heading 1006 except for subheading 1006 10 10 originating in the regions or states listed in Annex I which form part of the CARIFORUM region:

    (a) 187 000 tonnes, husked rice equivalent, for the period from 1 January 2008 to 31 December 2008;

    (b) 250 000 tonnes, husked rice equivalent, for the period from 1 January 2009 to 31 December 2009.

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    3.  The detailed rules for implementing the tariff quotas referred to in paragraph 2 of this Article shall be determined in accordance with the examination procedure referred to in Article 21(5).

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    SECTION 2

    Sugar

    Article 7

    Zero duty tariff rate quotas and eventual elimination of duties

    1.  Import duties on products of tariff heading 1701 shall be eliminated as from 1 October 2009.

    2.  In addition to the tariff rate quotas opened and administered pursuant to Article 28 of Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector ( 12 ), the following tariff rate quotas shall be opened for products of tariff heading 1701 for the period from 1 October 2008 to 30 September 2009:

    (a) 150 000 tonnes, white sugar equivalent, at zero duty reserved for products originating in least-developed countries as listed in Annex I to Regulation (EC) No 980/2005 and which are listed in Annex I. This tariff rate quota shall be divided between regions according to quantities to be determined in conformity with the agreements qualifying regions or states for inclusion in Annex I; and

    (b) 80 000 tonnes, white sugar equivalent, at zero duty reserved for products originating in regions or states which are not least-developed countries and which are listed in Annex I. This tariff rate quota shall be divided between regions according to quantities to be determined in conformity with the agreements qualifying regions or states for inclusion in Annex I.

    3.  Article 30 of Regulation (EC) No 318/2006 shall apply to imports under the tariff rate quotas referred to in the previous paragraph.

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    4.  The detailed rules for dividing by region and implementing the tariff quotas referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 21(5).

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    Article 8

    Transitional arrangement

    For the period from 1 October 2009 to 30 September 2012, Article 7(1) shall not apply to imports of products of CN code 1701 unless the importer undertakes to purchase such products at a price not lower than 90 % of the reference price (on a c.i.f. basis) set in Article 3 of Regulation (EC) No 318/2006 for the relevant marketing year.

    Article 9

    Transitional safeguard mechanism for sugar

    1.  For the period from 1 October 2009 to 30 September 2015 the treatment granted in Article 7(1) for imports of products of tariff heading 1701 originating in regions or states listed in Annex I and which are not least-developed countries listed in Annex I to Regulation (EC) No 980/2005 may be suspended when:

    (a) imports originating in regions or states which are ACP States and which are not least-developed countries listed in Annex I to Regulation (EC) No 980/2005 exceed the following quantities:

    (i) 1,38 million tonnes in the marketing year 2009/2010;

    (ii) 1,45 million tonnes in the marketing year 2010/2011;

    (iii) 1,6 million tonnes in the marketing years 2011/2012 to 2014/2015; and

    (b) imports originating in all ACP States exceed 3,5 million tonnes.

    2.  The quantities provided for in point (a) of paragraph 1 may be subdivided by region.

    3.  During the period referred to in paragraph 1, imports of products of tariff heading 1701 originating in regions or states listed in Annex I shall require an import licence.

    4.  The suspension of the treatment granted in Article 7(1) shall be terminated at the end of the marketing year in which it was introduced.

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    5.  The Commission shall adopt detailed rules on the subdivision of quantities provided for in paragraph 1 for the management of the system referred to in paragraphs 1, 3 and 4 of this Article, and on suspension decisions in accordance with the examination procedure referred to in Article 21(5).

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    Article 10

    Transitional surveillance mechanism

    1.  For the period from 1 January 2008 to 30 September 2015, imports of products of tariff headings 1704 90 99 , 1806 10 30 , 1806 10 90 , 2106 90 59 , 2106 90 98 originating in regions or states listed in Annex I shall be subject to the surveillance mechanism provided for in Article 308d of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Regulation (EEC) No 2913/92 establishing the Community Customs Code ( 13 ).

    2.  On the basis of that surveillance, the Commission shall check whether there is a cumulative increase of imports of one or more of those products originating in a particular region by more than 20 % in volume during a period of twelve consecutive months compared to the average of the yearly imports over the previous three twelve-month periods.

    3.  If the level referred to in paragraph 2 is reached, the Commission shall analyse the pattern of trade, the economic justification and the sugar content of such imports. If the Commission concludes that such imports are used to circumvent the tariff rate quotas, the transitional arrangements and the special safeguard mechanism provided for in Articles 7, 8 and 9, it may suspend the application of Article 3(1) to imports of products of tariff headings 1704 90 99 , 1806 10 30 , 1806 10 90 , 2106 90 59 , 2106 90 98 originating in regions or states listed in Annex I which are not least-developed countries listed in Annex I to Regulation (EC) No 980/2005 until the end of the marketing year concerned.

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    4.  The Commission shall adopt detailed rules relating to the management of this system and to suspension decisions in accordance with the examination procedure referred to in Article 21(5).

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    CHAPTER IV

    GENERAL SAFEGUARD PROVISIONS

    Article 11

    Definitions

    For the purposes of this Chapter:

    (a) ‘Community industry’ shall mean the Community producers as a whole of the like or directly competitive products operating within the territory of the Community, or those Community producers whose collective output of the like or directly competitive product constitutes a major proportion of the total Community production of those products;

    (b) ‘serious injury’ shall mean a significant overall impairment in the position of Community producers;

    (c) ‘threat of serious injury’ shall mean serious injury that is clearly imminent;

    (d) ‘disturbances’ shall mean disorders in a sector or industry;

    (e) ‘threat of disturbances’ shall mean disturbances that are clearly imminent.

    Article 12

    Principles

    1.  A safeguard measure may be imposed in accordance with the provisions set out in this Chapter where products originating in regions or states listed in Annex I are being imported in the Community in such increased quantities and under such conditions as to cause or threaten to cause any of the following:

    (a) serious injury to the Community industry;

    (b) disturbances in a sector of the economy, particularly where those disturbances produce major social problems or difficulties which could bring about serious deterioration in the economic situation of the Community; or

    (c) disturbances in the markets of agricultural products covered by Annex I of the WTO Agreement on Agriculture or mechanisms regulating those markets.

    2.  In cases where products originating in regions or states listed in Annex I are being imported into the Community in such increased quantities and under such conditions as to cause or threaten to cause disturbances in the economic situation of one or several of the Community's outermost regions, a safeguard measure may be imposed in accordance with the provisions set out in this Chapter.

    Article 13

    Determination of the conditions to impose safeguard measures

    1.  The determination of serious injury or a threat thereof shall cover inter alia the following factors:

    (a) the volume of imports, in particular where there has been a significant increase, either in absolute terms or relative to production or consumption in the Community;

    (b) the price of imports, in particular where there has been a significant price undercutting as compared with the price of a like product in the Community;

    (c) the consequent impact on Community producers as indicated by trends in certain economic factors such as production, capacity utilisation, stocks, sales, market share, the depression of prices or prevention of price increases which would normally have occurred, profits, return on capital employed, cash flow, and employment;

    (d) factors other than trends in imports which are causing or may have caused injury to the Community producers concerned.

    2.  The determination of disturbances or a threat thereof shall be based on objective factors, including the following elements:

    (a) the increase in the volume of imports in absolute or relative terms to Community production and to imports from other sources; and

    (b) the effect of such imports on prices; or

    (c) the effect of such imports on the situation of the Community industry or the economic sector concerned, including inter alia on the levels of sales, production, financial situation and employment.

    3.  In determining whether imports are made under such conditions as to cause or threaten to cause disturbances in the markets of agricultural products or mechanisms regulating those markets, including regulations creating Common Market Organisations, all relevant objective factors must be taken into consideration, including one or more of the following elements:

    (a) the volume of imports as compared to previous calendar or marketing years' levels, as the case may be, internal production and consumption, and future levels planned in accordance with the reform of the Common Market Organisations;

    (b) the level of internal prices compared to the reference or target prices if applicable, and, if not applicable, compared to the average internal market prices during the same period of previous marketing years;

    (c) as of 1 October 2015, in the markets for products of tariff heading 1701 : situations where the Community average market price of white sugar falls during two consecutive months below 80 % of the average Community market price for white sugar prevailing during the previous marketing year.

    4.  In determining whether the conditions referred to in paragraphs 1, 2 and 3 are met in the case of the Community's outermost regions, the analyses shall be restricted to the territory of the outermost region(s) concerned. Particular attention shall be paid to the size of the local industry, its financial situation and the situation of employment.

    Article 14

    Initiation of proceedings

    1.  An investigation shall be initiated upon request by a Member State or on the Commission's own initiative if it is apparent to the Commission that there is sufficient evidence to justify such initiation.

    2.  The Member States shall inform the Commission should trends in imports from any of the regions or states listed in Annex I appear to call for safeguard measures. That information shall include the evidence available, as determined on the basis of the criteria laid down in Article 13. The Commission shall pass that information on to all Member States within three working days.

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    3.  Where it is apparent that there is sufficient evidence to justify the initiation of a proceeding, the Commission shall publish a notice in the Official Journal of the European Union. Initiation shall take place within one month of the date of receipt of information from a Member State.

    The Commission shall provide information to the Member States concerning its analysis of the information normally within 21 days of the date on which the information was provided to the Commission.

    4.  If the Commission takes the view that the circumstances set out in Article 12 exist, it shall immediately notify the region or states listed in Annex I concerned of its intention to initiate an investigation. The notification may be accompanied by an invitation for consultations with the aim of clarifying the situation and arriving at a mutually satisfactory solution.

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    Article 15

    The investigation

    1.  Following the initiation of the proceeding, the Commission shall commence an investigation.

    2.  The Commission may request Member States to supply information and Member States shall take whatever steps are necessary in order to give effect to any such request. Where that information is of general interest or where its transmission was requested by a Member State, the Commission shall forward it to all Member States provided it is not confidential; if it is confidential the Commission shall forward a non-confidential summary.

    3.  In the event of an investigation restricted to an outermost region, the Commission may request the competent local authorities to supply the information referred to in paragraph 2 via the Member State concerned.

    4.  The investigation shall, whenever possible, be concluded within six months of the initiation of the investigation. In exceptional circumstances, that time limit may be extended by a further period of three months.

    Article 16

    Imposition of provisional safeguard measures

    ▼M4

    1.  Provisional safeguard measures shall be applied in critical circumstances where a delay would cause damage which it would be difficult to repair, pursuant to a preliminary determination that circumstances set out in Article 12 as appropriate exist. Provisional measures shall be adopted in accordance with the advisory procedure referred to in Article 21(4), or in cases of urgency, in accordance with Article 21(6).

    2.  In view of the particular situation of outermost regions and their vulnerability to any surge in imports, provisional safeguard measures shall be applied in proceedings that concern them where a preliminary determination has shown that imports have increased. Provisional measures shall be adopted in accordance with the advisory procedure referred to in Article 21(4), or, in cases of urgency, in accordance with Article 21(6).

    ▼B

    3.  Where a Member State requests immediate intervention by the Commission and where the conditions in paragraph 1 or 2 are met, the Commission shall take a decision within five working days of receiving the request.

    ▼M4 —————

    ▼B

    5.  Provisional measures may take the form of an increase in the customs duty on the product concerned up to a level which does not exceed the customs duty applied to other WTO members, or tariff quotas.

    6.  Provisional measures shall not apply for more than 180 days. Where provisional measures are restricted to outermost regions, they may not apply for more than 200 days.

    7.  Should the provisional safeguard measures be repealed because the investigation shows that the conditions laid down in Articles 12 and 13 are not met, any duty collected as a result of those provisional measures shall be refunded automatically.

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    Article 17

    Termination of investigation and proceeding without measures

    Where bilateral safeguard measures are deemed unnecessary, the investigation and proceeding shall be terminated in accordance with the examination procedure referred to in Article 21(5).

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    Article 18

    Imposition of definitive measures

    1.  Where the facts as finally established show that the circumstances set out in Article 12, as appropriate, are met, the Commission shall request consultations with the region or state concerned meeting in the context of the appropriate institutional arrangement set up in the relevant agreements permitting a region or state to be included in Annex 1 with a view to seeking a mutually acceptable solution.

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    2.  If the consultations referred to in paragraph 1 of this Article do not lead to a mutually satisfactory solution within 30 days of the matter being referred to the region or state concerned, a decision to impose definitive bilateral safeguard measures shall be taken by the Commission in accordance with the examination procedure referred to in Article 21(5) within 20 working days of the end of the consultation period.

    ▼M4 —————

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    5.  Definitive measures may take one of the following forms:

     a suspension of the further reduction of the rate of import duty for the product concerned originating in the region or state concerned;

     an increase in the customs duty on the product concerned up to a level which does not exceed the customs duty applied to other WTO members;

     a tariff quota.

    6.  No bilateral safeguard measure shall be applied on the same product from the same region or state less than one year after previous such measures have lapsed or been removed.

    Article 19

    Duration and review of safeguard measures

    1.  A safeguard measure shall remain in force only for such period of time as may be necessary to prevent or remedy the serious injury or disturbances. That period shall not exceed two years, unless it is extended under paragraph 2. Where the measure is restricted to one or several of the outermost region(s) of the Community, the period of application may not exceed four years.

    2.  The initial period of duration of a safeguard measure may exceptionally be extended provided it is determined that the safeguard measure continues to be necessary to prevent or remedy serious injury or disturbances.

    3.  Extensions shall be adopted in accordance with the procedures of this Regulation applying to investigations and using the same procedures as the initial measures.

    The total duration of a safeguard measure may not exceed four years, including any provisional measure. In the case of a measure restricted to outermost regions, that limit shall be extended to eight years.

    4.  If the duration of a safeguard measure exceeds one year, it shall be progressively liberalised at regular intervals during its period of application, including any extension.

    Consultations with the region or state concerned shall be held periodically in the relevant institutional bodies of the agreements, with a view to establishing a timetable for their abolition as soon as circumstances permit.

    Article 20

    Surveillance measures

    1.  Where the trend in imports of a product originating in an ACP State is such that they could cause one of the situations referred to in Article 12, imports of that product may be subject to prior Community surveillance.

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    2.  The decision to impose surveillance shall be taken by the Commission in accordance with the advisory procedure referred to in Article 21(4).

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    3.  Surveillance measures shall have a limited period of validity. Unless otherwise provided, they shall cease to be valid at the end of the second six-month period following the first six months after the measures were introduced.

    4.  Surveillance measures may be restricted to the territory of one or more Community outermost region(s) where necessary.

    5.  The decision to impose surveillance measures shall be communicated immediately to the appropriate institutional body set up in the relevant agreements permitting a region or state to be included in Annex I for information.

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    Article 21

    Committee procedure

    1.  For the purpose of Articles 16, 17, 18 and 20 of this Regulation, the Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 ( 14 ). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council ( 15 ).

    2.  For the purpose of Articles 4 and 5, the Commission shall be assisted by the Customs Code Committee established by Article 184 of Regulation (EC) No 450/2008 of the European Parliament and of the Council ( 16 ). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

    3.  For the purpose of Articles 6, 7 and 9, the Commission shall be assisted by the Committee established by Council Regulation (EC) No. 1234/2007 ( 17 ). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

    4.  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

    5.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

    6.  Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 4 thereof, shall apply.

    ▼B

    Article 22

    Exceptional measures with limited territorial application

    Where it emerges that the conditions laid down for the adoption of bilateral safeguard measures are met in one or more Member States, the Commission may, after having examined alternative solutions, exceptionally, and in accordance with Article 134 of the Treaty, authorise the application of surveillance or safeguard measures restricted to the Member State or Member States concerned if it considers that such measures applied at that level are more appropriate than measures applied throughout the Community. Those measures must be strictly limited in time and must disrupt the operation of the internal market as little as possible.



    CHAPTER V

    PROCEDURAL PROVISIONS

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    Article 23

    Adaptation to technical developments

    The Commission shall be empowered to adopt delegated acts in accordance with Article 24a of this Regulation concerning technical amendments to Article 5 and Articles 8 to 22 which may be required as a result of differences between this Regulation and agreements signed with provisional application or concluded in accordance with Article 218 TFEU with the regions or states listed in Annex I to this Regulation.

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    Article 24a

    Exercise of the delegation

    1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

    2.  The power to adopt delegated acts referred to in Article 2(2) and (3), Article 4(4) and Article 23 shall be conferred on the Commission for a period of five years from 20 February 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

    3.  The delegation of power referred to in Article 2(2) and (3), Article 4(4) and Article 23 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

    4.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

    5.  A delegated act adopted pursuant to Article 4(4) and Article 23 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

    6.  A delegated act adopted pursuant to Article 2(2) and (3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by four months at the initiative of the European Parliament or of the Council.

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    Article 24b

    Report

    The Commission shall include information on the implementation of this Regulation in its annual report on the application and implementation of trade defence measures presented to the European Parliament and to the Council pursuant to Article 22a of Council Regulation (EC) No 1225/2009 ( 18 ).

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    CHAPTER VI

    FINAL PROVISIONS

    Article 25

    Amendments

    Article 1(2) of Regulation (EC) No 1964/2005 shall be deleted.

    Article 26

    Repeal

    Regulations (EC) No 2285/2002 and (EC) No 2286/2002 shall be repealed.

    Article 27

    Entry into force

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

    It shall apply from 1 January 2008.

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

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    ANNEX I

    List of regions or states which have concluded negotiations within the meaning of Article 2(2)

    ANTIGUA AND BARBUDA

    THE COMMONWEALTH OF THE BAHAMAS

    BARBADOS

    BELIZE

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    THE REPUBLIC OF BOTSWANA

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    THE REPUBLIC OF CAMEROON

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    THE REPUBLIC OF CÔTE D'IVOIRE

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    THE COMMONWEALTH OF DOMINICA

    THE DOMINICAN REPUBLIC

    ▼C1

    THE REPUBLIC OF FIJI

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    THE REPUBLIC OF GHANA

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    GRENADA

    THE COOPERATIVE REPUBLIC OF GUYANA

    JAMAICA

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    THE REPUBLIC OF KENYA

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    THE REPUBLIC OF MADAGASCAR

    THE REPUBLIC OF MAURITIUS

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    THE REPUBLIC OF NAMIBIA

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    THE INDEPENDENT STATE OF PAPUA NEW GUINEA

    FEDERATION OF SAINT KITTS AND NEVIS

    SAINT LUCIA

    SAINT VINCENT AND THE GRENADINES

    THE REPUBLIC OF SEYCHELLES

    THE REPUBLIC OF SURINAME

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    THE KINGDOM OF SWAZILAND

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    THE REPUBLIC OF TRINIDAD AND TOBAGO

    THE REPUBLIC OF ZIMBABWE

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    ANNEX II

    Rules of origin

    CONCERNING THE DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’ AND METHODS OF ADMINISTRATIVE COOPERATION

    TITLE I:

    General Provisions

    Articles

    1.

    Definitions

    TITLE II:

    Definition of the concept of ‘originating products’

    Articles

    2.

    General requirements

    3.

    Wholly obtained products

    4.

    Sufficiently worked or processed products

    5.

    Insufficient working or processing operations

    6.

    Cumulation of origin

    7.

    Unit of qualification

    8.

    Accessories, spare parts and tools

    9.

    Sets

    10.

    Neutral elements

    TITLE III:

    Territorial requirements

    Articles

    11.

    Principle of territoriality

    12.

    Direct transport

    13.

    Exhibitions

    TITLE IV:

    Proof of origin

    Articles

    14.

    General requirements

    15.

    Procedure for the issue of a movement certificate EUR 1

    16.

    Movement certificates EUR 1 issued retrospectively

    17.

    Issue of a duplicate movement certificate EUR 1

    18.

    Issue of movement certificates EUR 1 on the basis of a proof of origin issued or made out previously

    19.

    Conditions for making out an invoice declaration

    20.

    Approved exporter

    21.

    Validity of proof of origin

    22.

    Transit procedure

    23.

    Submission of proof of origin

    24.

    Importation by instalments

    25.

    Exemptions from proof of origin

    26.

    Information procedure for cumulation purposes

    27.

    Supporting documents

    28.

    Preservation of proof of origin and supporting documents

    29.

    Discrepancies and formal errors

    30.

    Amounts expressed in EUR

    TITLE V:

    Arrangements for administrative cooperation

    Articles

    31.

    Mutual assistance

    32.

    Verification of proofs of origin

    33.

    Verification of suppliers' declaration

    34.

    Penalties

    35.

    Free zones

    36.

    Derogations

    TITLE VI:

    Ceuta and Melilla

    Articles

    37.

    Special conditions

    TITLE VII:

    Transitional and final provisions

    Articles

    38.

    Transitional provision for goods in transit or storage

    39.

    Appendices

    INDEX

    APPENDICES

    APPENDIX 1:

    Introductory notes to the list in this Annex

    APPENDIX 2:

    List of working or processing required to be carried out on non originating materials in order that the product manufactured can obtain originating status

    APPENDIX 2A:

    Derogations from the list of working or processing required to be carried out on non originating materials in order that the product manufactured can obtain originating status, accordingly to Article 4 of this Annex

    APPENDIX 3:

    Form for movement certificate

    APPENDIX 4:

    Invoice declaration

    APPENDIX 5A:

    Supplier declaration for products having preferential origin status

    APPENDIX 5B:

    Supplier declaration for products not having preferential original status

    APPENDIX 6:

    Information certificate

    APPENDIX 7:

    Products to which Article 6(5) of this Annex shall not be applicable

    APPENDIX 8:

    Fishery products to which Article 6(5) of this Annex shall temporarily not be applicable

    APPENDIX 9:

    Neighbouring developing countries

    APPENDIX 10:

    Products for which the cumulation provisions referred to in Articles 2(2), 6(1) and 6(2) of this Annex apply after 1 October 2015 and to which the provisions of Articles 6(5), 6(9) and 6(12) of this Annex shall not be applicable

    APPENDIX 11:

    Products for which the cumulation provisions referred to in Articles 2(2), 6(1) and 6(2) of this Annex apply after 1 January 2010 and to which the provisions of Articles 6(5), 6(9) and 6(12) of this Annex shall not be applicable

    APPENDIX 12:

    Overseas countries and territories

    TITLE I

    GENERAL PROVISIONS

    Article 1

    Definitions

    For the purposes of this Annex:

    (a) ‘manufacture’ shall mean any kind of working or processing including assembly or specific operations;

    (b) ‘material’ shall mean any ingredient, raw material, component or part, etc., used in the manufacture of the product;

    (c) ‘product’ shall mean the product being manufactured, even if it is intended for later use in another manufacturing operation;

    (d) ‘goods’ shall mean both materials and products;

    (e) ‘customs value’ shall mean the value as determined in accordance with the 1994 Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade (WTO Agreement on customs valuation);

    (f) ‘ex-works price’ shall mean the price paid for the product ex works to the manufacturer in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the product obtained is exported;

    (g) ‘value of materials’ shall mean 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 territory concerned;

    (h) ‘value of originating materials’ shall mean the value of such materials as defined in point (g) applied mutatis mutandis;

    (i) ‘added value’ shall mean the ex-works price minus the customs value of materials imported into either the Community or the ACP States;

    (j) ‘chapters’ and ‘headings’ shall mean the chapters and the headings (four-digit codes) used in the nomenclature which makes up the Harmonised Commodity Description and Coding System, referred to in this Annex as ‘the Harmonised System’ or ‘HS’;

    (k) ‘classified’ shall refer to the classification of a product or material under a particular heading;

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

    (m) ‘territories’ shall include territorial waters;

    (n) ‘OCT’ shall mean the countries and territories mentioned in Appendix 12.



    TITLE II

    DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’

    Article 2

    General requirements

    1.  For the purpose of the application of the provisions of this Regulation, the following products shall be considered as originating in the ACP States of Annex I, hereafter, for the purpose of this Annex, referred to as ‘ACP States’:

    (a) products wholly obtained in the ACP States within the meaning of Article 3 of this Annex;

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

    2.  For the purpose of the implementation of paragraph 1, the territories of the ACP States shall be considered as being one territory.

    Originating products made up of materials wholly obtained or sufficiently worked or processed in two or more ACP States shall be considered as products originating in the ACP State where the last working or processing took place, provided the working or processing carried out there goes beyond that referred to in Article 5 of this Annex.

    3.  For products listed in Appendix 10 and in Appendix 11, paragraph 2 shall apply only after 1 October 2015 and only after 1 January 2010, respectively.

    Article 3

    Wholly obtained products

    1.  The following shall be considered as wholly obtained in the ACP States or in the Community:

    (a) mineral products extracted from their soil or from their seabed;

    (b) vegetable products harvested there;

    (c) live animals born and raised there;

    (d) products from live animals raised there;

    (e) 

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

    (ii) products of aquaculture, including mariculture, where the fish are born and raised there;

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

    (g) products made aboard their factory ships exclusively from products covered by point (f);

    (h) used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or for use as waste;

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

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

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

    2.  The terms ‘their vessels’ and ‘their factory ships’ in points (f) and (g) of paragraph 1 shall apply only to vessels and factory ships:

    (a) which are registered in a Member State or in an ACP State;

    (b) which sail under the flag of a Member State or of an ACP State;

    (c) which meet one of the following conditions:

    (i) they are at least 50 % owned by nationals of the ACP State or of a Member State

    or

    (ii) they are owned by companies;

     which have their head offices and their main places of business in the ACP State or in a Member State; and

     which are at least 50 % owned by the ACP State, public entities of that State or nationals of that country or of a Member State.

    3.  Notwithstanding paragraph 2, the Community shall, upon request by an ACP State, recognise vessels chartered or leased by the ACP State to undertake fisheries activities in its exclusive economic zone as ‘their vessels’ under the following conditions:

    (a) that the ACP State offered the Community the opportunity to negotiate a fisheries agreement and the Community did not accept that offer;

    (b) that the charter or lease contract has been accepted by the Commission as providing adequate opportunities for the development of the capacity of the ACP State to fish on its own account and in particular as conferring on the ACP State the responsibility for the nautical and commercial management of the vessel placed at its disposal for a significant period of time.

    Article 4

    Sufficiently worked or processed products

    1.  For the purposes of this Annex, products which are not wholly obtained shall be considered to be sufficiently worked or processed in the ACP States or in the Community, when the conditions set out in the list in Appendix 2 or, alternatively, in Appendix 2A are fulfilled. The conditions referred to above indicate, for all products covered by this Regulation, the working or processing which must be carried out on non-originating materials used in manufacturing and apply only in relation to such materials. Accordingly, it follows that if a product, which has acquired originating status by fulfilling the conditions set out in the list is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.

    2.  Notwithstanding paragraph 1, non-originating materials which, according to the conditions set out in the list, should not be used in the manufacture of a given product may nevertheless be used, provided that:

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

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

    This paragraph shall not apply to products falling within chapters 50 to 63 of the Harmonised System.

    3.  

    (a) Notwithstanding paragraph 1 and after prior notification of the Commission by a Pacific ACP State, processed fishery products of headings 1604 and 1605 processed or manufactured in on-land premises in that State from non-originating materials of headings 0302 or 0303 that have been landed in a port of that State shall be considered as sufficiently worked or processed for the purposes of Article 2. The notification to the Commission shall indicate the development benefits to the fisheries sector in that State, and shall include the necessary information concerning the species concerned, the products to be manufactured and an indication of the respective quantities to be involved.

    (b) A report to the Community on the implementation of point (a) shall be drawn up by the Pacific ACP State no later than three years after the notification.

    (c) Point (a) shall apply without prejudice to sanitary and phytosanitary measures in force in the EU, effective conservation and sustainable management of fishing resources and support to combat illegal, unreported and unregulated fishing activities in the region.

    4.  Paragraphs 1 to 3 shall apply except as provided in Article 5.

    Article 5

    Insufficient working or processing operations

    1.  Without prejudice to paragraph 2, the following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 4 are satisfied:

    (a) operations to ensure the preservation of products in good condition during transport and storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations;

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

    (c) 

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

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

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

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

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

    (g) a combination of two or more of the operations specified in points (a) to (f);

    (h) slaughter of animals;

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

    (j) operations to colour sugar or form sugar lumps; partial or total milling of sugar;

    (k) peeling, stoning and shelling of fruits, nuts and vegetables.

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

    Article 6

    Cumulation of origin

    Cumulation with the OCT and the Community

    1.  Materials originating in the Community or in the OCT shall be considered as materials originating in the ACP States when incorporated into a product obtained there. It shall not be necessary for such materials to have undergone sufficient working or processing, provided they have undergone working or processing beyond that referred to in Article 5.

    2.  Working and processing carried out in the Community or in the OCT shall be considered as having been carried out in the ACP States when the materials undergo subsequent working or processing in the ACP States beyond that referred to in Article 5.

    3.  For the purpose of determining whether the products originate in the OCT, the provisions of this Annex shall apply mutatis mutandis.

    4.  For products listed in Appendix 10 and in Appendix 11, the provisions of this Article shall apply only after 1 October 2015 and only after 1 January 2010 respectively.

    Cumulation with South Africa

    5.  Subject to the provisions of paragraphs 6, 7, 8 and 11, materials originating in South Africa shall be considered as originating in the ACP States when incorporated into a product obtained there provided they have undergone working or processing beyond that referred to in Article 5. It shall not be necessary for such materials to have undergone sufficient working or processing.

    6.  Products which have acquired originating status by virtue of paragraph 5 shall continue to be considered as products originating in the ACP States only when the value added there exceeds the value of the materials used that originate in South Africa. If that is not so, the products concerned shall be considered as originating in South Africa. In the allocation of origin, no account shall be taken of materials originating in South Africa which have undergone sufficient working or processing in the ACP States.

    7.  The cumulation provided for in paragraph 5 shall not apply to the products listed in Appendices 7, 10 and 11.

    8.  The cumulation provided for in paragraph 5 shall apply to the products listed in Appendix 8 only when the tariffs on those products in the framework of the Agreement on Trade, Development and Co-operation between the European Community and the Republic of South Africa have been eliminated. The Commission shall publish the date on which the conditions of this paragraph have been fulfilled in the Official Journal of the European Union (C series).

    9.  Without prejudice to paragraphs 7 and 8, working and processing carried out in South Africa shall be considered as having been carried out in another Member State of the South African Customs Union (SACU), being an ACP State, when the materials undergo subsequent working or processing in that other Member State of the SACU.

    10.  Without prejudice to paragraphs 7 and 8 and at the request of the ACP States, working and processing carried out in South Africa shall be considered as having been carried out in the ACP States when the materials undergo subsequent working or processing in an ACP State within the context of a regional economic integration agreement.

    11.  The requests of the ACP States shall be decided on in accordance with the procedure referred to in Article 247 and 247a of Regulation (EEC) 2913/92.

    12.  The cumulation provided for in paragraph 5 may be applied only where the South African materials used have acquired the status of originating products through the application of rules of origin identical to those set out in this Annex. The cumulation provided for in paragraph 9 and 10 may be applied only through the application of rules of origin identical to those set out in this Annex.

    Cumulation with neighbouring developing countries

    13.  At the request of the ACP States, materials originating in a neighbouring developing country, other than an ACP State, belonging to a coherent geographical entity, shall be considered as materials originating in the ACP States when incorporated into a product obtained there. It shall not be necessary for such materials to have undergone sufficient working or processing, provided that:

     the working or processing carried out in the ACP State exceeds the operations listed in Article 5;

     the ACP States, the Community and the other countries concerned have concluded an agreement on adequate administrative procedures which will ensure correct implementation of this paragraph.

    This paragraph shall not apply to tuna products classified under Harmonised System Chapters 3 or 16 and to rice products of HS Code 1006 .

    For the purpose of determining whether products originate in a neighbouring developing country, the provisions of this Annex shall apply.

    The requests of the ACP States shall be decided on in accordance with the procedure referred to in Article 247 and 247a of Regulation (EEC) 2913/92. Such decisions shall also identify the products for which cumulation provided for under this paragraph may not be permitted.

    Article 7

    Unit of qualification

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

    Accordingly:

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

    (b) when a consignment consists of a number of identical products classified under the same heading of the Harmonised System, each product shall be taken individually when this Annex is applied.

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

    Article 8

    Accessories, spare parts and tools

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

    Article 9

    Sets

    Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all the component products are originating. Nevertheless, when a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 per cent of the ex-works price of the set.

    Article 10

    Neutral elements

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

    (a) energy and fuel;

    (b) plant and equipment;

    (c) machines and tools;

    (d) goods which do not enter and which are not intended to enter into the final composition of the product.



    TITLE III

    TERRITORIAL REQUIREMENTS

    Article 11

    Principle of territoriality

    1.  The conditions set out in Title II of this Annex relating to the acquisition of originating status must be fulfilled without interruption in the ACP States, save as provided in Article 6.

    2.  If originating goods exported from the ACP States, the Community or the OCT to another country are returned, except insofar as provided in Article 6, they shall be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

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

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

    Article 12

    Direct transport

    1.  The preferential treatment provided for in this Regulation shall apply only to products that satisfy the requirements of this Annex and are transported directly between the territory of the ACP States, of the Community, of the OCT or of South Africa for the purposes of Article 6 without entering any other territory. However, products constituting one single consignment may be transported through other territories with, should the occasion arise, transhipment or temporary warehousing in such territories, provided that they remain under the surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.

    Originating products may be transported by pipeline across territory other than that of an ACP State or of the Community.

    2.  Evidence that the conditions set out in paragraph 1 have been fulfilled shall be supplied to the customs authorities of the importing country by the production of:

    (a) a single transport document covering the passage from the exporting country through the country of transit; or

    (b) a certificate issued by the customs authorities of the country of transit:

    (i) giving an exact description of the products;

    (ii) stating the dates of unloading and reloading of the products and, where applicable, the names of the ships or the other means of transport used; and

    (iii) certifying the conditions under which the products remained in the transit country;

    or

    (c) failing those, any substantiating documents.

    Article 13

    Exhibitions

    1.  Originating products sent from an ACP State for exhibition in a country other than those referred to in Article 6 and sold after the exhibition for importation into the Community shall benefit on importation from the provisions of this Regulation provided it is shown to the satisfaction of the customs authorities that:

    (a) an exporter has consigned those products from an ACP State to the country in which the exhibition is held and has exhibited them there;

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

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

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

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

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



    TITLE IV

    PROOF OF ORIGIN

    Article 14

    General requirements

    1.  Products originating in the ACP States shall, on importation into the Community, benefit from the provisions of this Regulation upon submission of either:

    (a) a movement certificate EUR.1, a specimen of which is given in Appendix 3; or

    (b) in the cases specified in Article 19(1), a declaration, the text of which appears in Appendix 4, given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified (hereinafter referred to as the ‘invoice declaration’).

    2.  Notwithstanding paragraph 1, originating products within the meaning of this Annex shall, in the cases specified in Article 25, benefit from the provisions of this Regulation without its being necessary to submit any of the documents referred to above.

    Article 15

    Procedure for the issue of a movement certificate EUR.1

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

    2.  For that purpose, the exporter or his authorised representative shall fill out both the movement certificate EUR.1 and the application form, specimens of which are given in Appendix 3. Those forms shall be completed in accordance with the provisions of this Annex. If they are handwritten, they shall be completed in ink in printed characters. The description of the products shall be given in the box reserved for that purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line shall be drawn below the last line of the description, the empty space being crossed through.

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

    4.  A movement certificate EUR.1 shall be issued by the customs authorities of the exporting ACP State if the products concerned can be considered as products originating in the ACP States or in one of the other countries referred to in Article 6 and fulfil the other requirements of this Annex.

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

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

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

    Article 16

    Movement certificates EUR.1 issued retrospectively

    1.  Notwithstanding Article 15(7), a movement certificate EUR.1 may exceptionally be issued after exportation of the products to which it relates if:

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

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

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

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

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

    ‘ISSUED RETROSPECTIVELY’

    5.  The endorsement referred to in paragraph 4 shall be inserted in the ‘Remarks’ box of the movement certificate EUR.1.

    Article 17

    Issue of a duplicate movement certificate EUR.1

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

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

    ‘DUPLICATE’

    3.  The endorsement referred to in paragraph 2 shall be inserted in the ‘Remarks’ box of the duplicate movement certificate EUR.1.

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

    Article 18

    Issue of movement certificates EUR.1 on the basis of a proof of origin issued or made out previously

    When originating products are placed under the control of a customs office in an ACP State or in the Community, it shall be possible to replace the original proof of origin by one or more movement certificates EUR.1 for the purpose of sending all or some of those products elsewhere within the ACP States or within the Community. The replacement movement certificate(s) EUR.1 shall be issued by the customs office under the control of which the products are placed.

    Article 19

    Conditions for making out an invoice declaration

    1.  An invoice declaration as referred to in Article 14(1)(b) may be made out:

    (a) by an approved exporter within the meaning of Article 20, or

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

    2.  An invoice declaration may be made out if the products concerned can be considered as products originating in the ACP States or in one of the other countries referred to in Article 6 and fulfil the other requirements of this Annex.

    3.  The exporter making out an invoice declaration shall at any time, at the request of the customs authorities of the exporting country, produce all appropriate documents proving the originating status of the products concerned as well as fulfilment of the other requirements of this Annex.

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

    5.  Invoice declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 20 shall not be required to sign such declarations provided that he gives the customs authorities of the exporting country a written undertaking that he accepts full responsibility for any invoice declaration which identifies him as if it had been signed in manuscript by him.

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

    Article 20

    Approved exporter

    1.  The customs authorities of the exporting country may authorise any exporter who makes frequent shipments of products under the provisions of this Regulation to make out invoice declarations irrespective of the value of the products concerned. An exporter seeking such authorisation shall offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as fulfilment of the other requirements of this Annex.

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

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

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

    5.  The customs authorities may withdraw the authorisation at any time. They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, does not fulfil the conditions referred to in paragraph 2 or otherwise makes incorrect use of the authorisation.

    Article 21

    Validity of proof of origin

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

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

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

    Article 22

    Transit procedure

    When the products enter an ACP State other than the country of origin, a further period of validity of 4 months shall begin on the date on which the customs authorities in the country of transit enter the following in box 7 of the certificate EUR.1:

     the word ‘transit’,

     the name of the country of transit,

     the official stamp, a specimen of which had been made available to the Commission, in conformity with Article 31, and

     the date of the endorsements.

    Article 23

    Submission of proof of origin

    Proofs of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. Those authorities may require a translation of a proof of origin and may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for the application of the provisions of this Regulation.

    Article 24

    Importation by instalments

    Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonised System falling within Sections XVI and XVII or heading Nos 7308 and 9406 of the Harmonised System are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.

    Article 25

    Exemptions from proof of origin

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

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

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

    Article 26

    Information procedure for cumulation purposes

    1.  When Articles 2(2) and 6(1) are applied, evidence of the originating status within the meaning of this Annex of the materials coming from the other ACP States, the Community or the OCT shall be given by a movement certificate EUR.1 or by the supplier's declaration, a specimen of which is given in Appendix 5A, given by the exporter in the State or OCT from which the materials came.

    2.  When Articles 2(2), 6(2) and 6(9) are applied, evidence of the working or processing carried out in other ACP States, the Community, the OCT or South Africa shall be given by the supplier's declaration, a specimen of which appears in Appendix 5B, given by the exporter in the State or OCT from which the materials came.

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

    4.  The supplier's declaration may be made out on a pre-printed form.

    5.  The suppliers' declarations shall be signed in manuscript. However, where the invoice and the supplier's declaration are established using electronic data-processing methods, the supplier's declaration need not be signed in manuscript provided the responsible official in the supplying company is identified to the satisfaction of the customs authorities in the State where the suppliers' declarations are drawn up. Those customs authorities may lay down conditions for the implementation of this paragraph.

    6.  The supplier's declarations shall be submitted to the competent customs office in the exporting ACP State that has been requested to issue the movement certificate EUR.1.

    7.  Suppliers' declarations made and information certificates issued before the date of entry into force of this Regulation in accordance with Article 26 of Protocol 1 to Annex V of the ACP-EU Partnership Agreement shall remain valid.

    Article 27

    Supporting documents

    The documents referred to in Articles 15(3) and 19(3) used for the purpose of proving that products covered by a movement certificate EUR.1 or an invoice declaration can be considered as products originating in an ACP State or in one of the other countries referred to in Article 6 and fulfil the other requirements of this Annex may consist inter alia of the following:

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

    (b) documents proving the originating status of materials used, issued or made out in an ACP State or in one of the other countries referred to in Article 6 where those documents are used in accordance with domestic law;

    (c) documents proving the working or processing of materials in the ACP States, in the Community or in the OCT, issued or made out in an ACP State, in the Community or in an OCT, where those documents are used in accordance with domestic law;

    (d) movement certificates EUR.1 or invoice declarations proving the originating status of materials used, issued or made out in the ACP States or in one of the other countries referred to in Article 6 and in accordance with this Annex.

    Article 28

    Preservation of proof of origin and supporting documents

    1.  The exporter applying for the issue of a movement certificate EUR.1 shall keep the documents referred to in Article 15(3) for at least three years.

    2.  The exporter making out an invoice declaration shall keep a copy of this invoice declaration as well as the documents referred to in Article 19(3) for at least three years.

    3.  The customs authorities of the exporting country issuing a movement certificate EUR.1 shall keep the application form referred to in Article 15(2) for at least three years.

    4.  The customs authorities of the importing country shall keep the movement certificates EUR.1 and the invoice declarations submitted to them for at least three years.

    Article 29

    Discrepancies and formal errors

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

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

    Article 30

    Amounts expressed in euro

    1.  For purposes of the application of Article 19(1)(b) and Article 25(3) in cases where products are invoiced in a currency other than euro, amounts in the national currencies of an ACP State, of the Member States and of the other countries or territories referred to in Article 6 equivalent to the amounts expressed in euro shall be fixed annually by each of the countries concerned.

    2.  A consignment shall benefit from the provisions of Article 19(1)(b) or Article 25(3) by reference to the currency in which the invoice is drawn up, according to the amount fixed by the country concerned.

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

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

    5.  The amounts expressed in euro shall be reviewed by the Commission. When carrying out that review, the Commission shall consider the desirability of preserving the effects of the limits concerned in real terms. For that purpose, it may decide to modify the amounts expressed in euro.



    TITLE V

    ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

    Article 31

    Mutual assistance

    1.  The ACP States shall send the Commission specimens of the stamps used together with the addresses of the customs authorities competent to issue movement certificates EUR.1 and carry out the subsequent verification of movement certificates EUR.1 and invoice declarations.

    Movement certificates EUR.1 and invoice declarations shall be accepted for the purpose of applying preferential treatment from the date the information is received by the Commission.

    The Commission shall send that information to the customs authorities of the Member States.

    2.  In order to ensure the proper application of this Annex, the Community, the OCT and the ACP States shall assist each other, through the competent customs administrations, in checking the authenticity of movement certificates EUR.1, invoice declarations or supplier's declarations and the correctness of the information given in those documents.

    The authorities consulted shall provide the relevant information concerning the conditions under which a product has been made, indicating in particular the conditions in which the rules of origin have been complied with in the various ACP States, Member States and OCT concerned.

    Article 32

    Verification of proofs of origin

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

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

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

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

    5.  The customs authorities requesting verification shall be informed of the results of that verification as soon as possible. Those results shall indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in the ACP States or in one of the countries referred to in Article 6 and fulfil the other requirements of this Annex.

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

    7.  Where the verification procedure or any other information available appears to indicate that the provisions of this Annex are being contravened, appropriate enquires shall be carried out with due urgency to identify and prevent such contraventions.

    Article 33

    Verification of suppliers' declarations

    1.  Verification of suppliers' declaration may be carried out at random or whenever the customs authorities of the importing State have reasonable doubts as to the authenticity of the document or the accuracy or completeness of the information concerning the true origin of the materials in question.

    2.  The customs authorities to which a supplier's declaration is submitted may request the customs authorities of the State where the declaration was made to issue an information certificate, a specimen of which is given in Appendix 6. Alternatively, the customs authorities to which a supplier's declaration is submitted may request the exporter to produce an information certificate issued by the customs authorities of the State where the declaration was made.

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

    3.  The requesting customs authorities shall be informed of the results of the verification as soon as possible. The results shall be such as to indicate positively whether the declaration concerning the status of the materials is correct.

    4.  For the purpose of verification, suppliers shall keep a copy of the document containing the declaration together with all necessary evidence showing the true status of the materials for not less than three years.

    5.  The customs authorities in the State where the supplier's declaration is drawn up shall have the right to call for any evidence or to carry out any check which they consider appropriate in order to verify the correctness of any supplier's declaration.

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

    Article 34

    Penalties

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

    Article 35

    Free zones

    1.  All necessary steps shall be taken to ensure that products traded under cover of a proof of origin or a supplier's declaration and which in the course of transport use a free zone situated in their territory are not replaced by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

    2.  By way of exemption from the provisions of paragraph 1, when originating products are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new EUR.1 certificate at the exporter's request provided that the treatment or processing undergone complies with the provisions of this Annex.

    Article 36

    Derogations

    1.  On its own initiative or in response to a request from a beneficiary country the Commission may grant a beneficiary country a temporary derogation from the provisions of this Annex where:

    (a) internal or external factors temporarily deprive it of the ability to comply with the rules for the acquisition of origin laid down in this Annex where it could do so previously, or

    (b) it requires time to prepare itself to comply with the rules for the acquisition of origin laid down in this Annex.

    2.  Such a temporary derogation shall be limited to the duration of the effect of the internal or external factors giving rise to it or the length of time needed for the beneficiary country to achieve compliance with the rules.

    3.  A request for derogation shall be made in writing to the Commission. It shall state the reasons as indicated in paragraph 1 why a derogation is required and shall include appropriate supporting documents.

    4.  Measures under this article shall be adopted in accordance with the procedure referred to in Article 247 and 247a of Regulation (EEC) 2913/92.

    The Community shall respond positively to all requests by ACP States which are duly justified in accordance with this Article and which cannot cause serious injury to an established Community industry.



    TITLE VI

    CEUTA AND MELILLA

    Article 37

    Special conditions

    1.  The term ‘Community’ used in this Annex shall not cover Ceuta and Melilla. The term ‘products originating in the Community’ shall not cover products originating in Ceuta and Melilla.

    2.  The provisions of this Annex shall apply mutatis mutandis in determining whether products may be deemed as originating in the ACP States when imported into Ceuta and Melilla.

    3.  Where products wholly obtained in Ceuta, Melilla or the Community undergo working and processing in the ACP States, they shall be considered as having been wholly obtained in the ACP States.

    4.  When materials undergo further working or processing in the ACP States working or processing carried out in Ceuta, Melilla or the Community shall be considered as having been carried out in the ACP States.

    5.  For the purpose of implementation of paragraphs 3 and 4 of this Article, the insufficient operations listed in Article 5 shall not be considered as working or processing.

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



    TITLE VII

    TRANSITIONAL AND FINAL PROVISIONS

    Article 38

    Transitional provision for goods in transit or storage

    1.  The provisions of this Regulation may be applied to goods exported from any of the regions or states listed in Annex I accompanied by movement certificates EUR.1 issued in accordance with Article 15 of Protocol 1 to Annex V of the ACP-EU Partnership Agreement within ten months of the date of entry into force of this Regulation.

    2.  The provisions of this Regulation may be applied to goods exported from any of the regions or states listed in Annex I which comply with the provisions of this Annex and which on the date of entry into force of this Regulation are either in transit or are in the Community in temporary storage in customs warehouses or in free zones, subject to the submission to the customs authorities of the importing country, within ten months of that date, of a movement certificate EUR.1 issued retrospectively by the customs authorities of the exporting country together with the documents showing that the goods have been transported directly in accordance with the provisions of Article 12 of this Annex.

    Article 39

    Appendices

    The Appendices to this Annex shall form an integral part thereof.




    Appendix 1

    Introductory notes to the list in this Annex

    Note 1:

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

    Note 2:

    1.

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

    2.

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

    3.

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

    4.

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

    Note 3:

    1.

    The provisions of Article 4 of this Annex concerning products having acquired originating status which are used in the manufacture of other products apply regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the Community or in the ACP States.

    Example:

    An engine of heading No 8407 , for which the rule states that the value of the non-originating materials which may be incorporated may not exceed 40 per cent of the ex-works price, is made from ‘other alloy steel roughly shaped by forging’ of heading No ex  72 24 .

    If this forging has been forged in the Community from a non-originating ingot, it has already acquired originating status by virtue of the rule for heading No ex  72 24 in the list. The forging can then count as originating in the value calculation for the engine regardless of whether it was produced in the same factory or in another factory in the Community. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.

    2.

    The rule in the list represents the minimum amount of working or processing required and the carrying out of more working or processing also confers originating status; conversely, the carrying out of less working or processing cannot confer originating status. This 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.

    3.

    Without prejudice to Note 3.2 where a rule states that ‘materials of any heading’ may be used, materials of the same heading as the product may also be used, subject, however, to any specific limitations which may also be contained in the rule. However, the expression ‘manufacture from materials of any heading, including other materials of heading No …’ means that only materials classified in the same heading as the product of a different description than that of the product as given in column 2 of the list may be used.

    4.

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

    Example:

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

    5.

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

    Example:

    The rule for prepared foods of heading No 1904 which specifically excludes the use of cereals and their derivatives does not prevent the use of mineral salts, chemicals and other additives which are not products from cereals.

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

    Example:

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

    6.

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

    Note 4:

    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 that have been carded, combed or otherwise processed but not spun.

    2.

    The term ‘natural fibres’ includes horsehair of heading No 0503 , silk of heading Nos 5002 and 5003 as well as the wool fibres, fine or coarse animal hair of heading Nos 5101 to 5105 , the cotton fibres of heading Nos 5201 to 5203 and the other vegetable fibres of heading Nos 5301 to 5305 .

    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.

    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 heading Nos 5501 to 5507 .

    Note 5:

    1.

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

    2.

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

    The following are the basic textile materials:

     silk,

     wool,

     coarse animal hair,

     fine animal hair,

     horsehair,

     cotton,

     paper-making materials and paper,

     flax,

     true hemp,

     jute and other textile baste fibres,

     sisal and other textile fibres of the genus Agave,

     coconut, abaca, ramie and other vegetable textile fibres,

     synthetic man-made filaments,

     artificial man-made filaments,

     current conducting filaments,

     synthetic man-made staple fibres of polypropylene,

     synthetic man-made staple fibres of polyester,

     synthetic man-made staple fibres of polyamide,

     synthetic man-made staple fibres of polyacrylonitrile,

     synthetic man-made staple fibres of polyimide,

     synthetic man-made staple fibres of polytetrafluoroethylene,

     synthetic man-made staple fibres of polyphenylene sulphide,

     synthetic man-made staple fibres of polyvinyl chloride,

     other synthetic man-made staple fibres,

     artificial man-made staple fibres of viscose,

     other artificial man-made staple fibres,

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

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

     products of heading No 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film,

     other products of heading No 5605 .

    Example:

    A yarn of heading No 5205 made from cotton fibres of heading No 5203 and synthetic staple fibres of heading No 5506 is a mixed yarn. Therefore, non-originating synthetic staple fibres that do not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) may be used up to a weight of 10 per cent of the yarn.

    Example:

    A woollen fabric of heading No 5112 made from woollen yarn of heading No 5107 and synthetic yarn of staple fibres of heading No 5509 is a mixed fabric. Therefore synthetic yarn which does not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) or woollen yarn that does not satisfy the origin rules (which require manufacture from natural fibres, not carded or combed or otherwise prepared for spinning) or a combination of the two may be used provided their total weight does not exceed 10 per cent of the weight of the fabric.

    Example:

    Tufted textile fabric of heading No 5802 made from cotton yarn of heading No 5205 and cotton fabric of heading No 5210 is only a mixed product if the cotton fabric is itself a mixed fabric being made from yarns classified in two separate headings or if the cotton yarns used are themselves mixtures.

    Example:

    If the tufted textile fabric concerned had been made from cotton yarn of heading No 5205 and synthetic fabric of heading No 5407 , then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is accordingly a mixed product.

    3.

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

    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 an adhesive between two layers of plastic film’, this tolerance is 30 per cent in respect of this strip.

    Note 6:

    1.

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

    Textile trimmings and accessories are those classified in Chapters 50 to 63. Linings and interlinings are not being regarded as trimmings or accessories.

    2.

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

    3.

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

    For example ( 19 ), if a rule in the list says that for a particular textile item, such as a blouse, yarn must be used, this does not prevent the use of metal items, such as buttons, because they cannot be made from textile materials.

    4.

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

    Note 7:

    1.

    For the purposes of heading Nos ex  27 07 , 2713 to 2715 , ex  29 01 , ex  29 02 and ex  34 03 , the ‘specific processes’ are the following:

    (a) Vacuum distillation;

    (b) Redistillation by a very thorough fractionation process ( 20 );

    (c) Cracking;

    (d) Reforming;

    (e) Extraction by means of selective solvents;

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

    (g) Polymerisation;

    (h) Alkylation;

    (i) Isomerisation.

    2.

    For the purposes of heading Nos 2710 , 2711 and 2712 , the ‘specific processes’ are the following:

    (a) Vacuum distillation;

    (b) Redistillation by a very thorough fractionation process (20) ;

    (c) Cracking;

    (d) Reforming;

    (e) Extraction by means of selective solvents;

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

    (g) Polymerisation;

    (h) Alkylation;

    (i) Isomerisation;

    (j) In respect of heavy oils falling within heading No ex  27 10 only, desulphurisation with hydrogen resulting in a reduction of at least 85 per cent of the sulphur content of the products processed (ASTM D 1266-59 T method);

    (k) In respect of products falling within heading No 2710 only, deparaffining by a process other than filtering;

    (l) In respect of heavy oils falling within heading No 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 No 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;

    (m) In respect of fuel oils falling within heading No ex  27 10 only, atmospheric distillation, on condition that less than 30 per cent of these products distils, by volume, including losses, at 300 °C by the ASTM D 86 method;

    (n) In respect of heavy oils other than gas oils and fuel oils falling within heading No ex  27 10 only, treatment by means of a high-frequency electrical brush-discharge.

    3.

    For the purposes of heading Nos ex  27 07 , 2713 to 2715 , ex  29 01 , ex  29 02 and ex  34 03 , simple operations such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur contents, any combination of these operations or like operations do not confer origin.




    Appendix 2

    List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status

    The products mentioned in the list may not all be covered by this Regulation. It is therefore necessary to consult the other parts of this Regulation.



    HS heading No

    Description of product

    Working or processing carried out on non-originating materials that confers originating status

    (1)

    (2)

    (3) or (4)

    Chapter 01

    Live animals

    All the animals of Chapter 1 used must be wholly obtained

     

    Chapter 02

    Meat and edible meat offal

    Manufacture in which all the materials of Chapters 1 and 2 used must be wholly obtained

     

    ex Chapter 03

    Fish and crustaceans, molluscs and other aquatic invertebrates, except for:

    Manufacture in which all the materials of Chapter 3 used must be wholly obtained

     

    0304

    Fish fillets and other fish meat (whether or not minced), fresh, chilled of frozen

    Manufacture in which the value of any materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product

     

    0305

    Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption

    Manufacture in which the value of any materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product

     

    ex  03 06

    Crustaceans, whether in shell or not, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption

    Manufacture in which the value of any materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product

     

    ex  03 07

    Molluscs, whether in shell or not, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption

    Manufacture in which the value of any materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product

     

    ex Chapter 04

    Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included; except for:

    Manufacture in which all the materials of Chapter 4 used must be wholly obtained

     

    0403

    Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa

    Manufacture in which:

    — all the materials of Chapter 4 used must be wholly obtained;

    — any fruit juice (except those of pineapple, lime or grapefruit) of heading No 2009 used must already be originating;

    — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    ex Chapter 05

    Products of animal origin, not elsewhere specified or included; except for:

    Manufacture in which all the materials of Chapter 5 used must be wholly obtained

     

    ex  05 02

    Prepared pigs', hogs' or boars' bristles and hair

    Cleaning, disinfecting, sorting and straightening of bristles and hair

     

    Chapter 06

    Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage

    Manufacture in which:

    — all the materials of Chapter 6 used must be wholly obtained;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    Chapter 07

    Edible vegetables and certain roots and tubers

    Manufacture in which all the materials of Chapter 7 used must be wholly obtained

     

    Chapter 08

    Edible fruit and nuts; peel of citrus fruits or melons

    Manufacture in which:

    — all the fruit and nuts used must be wholly obtained;

    — the value of any materials of Chapter 17 used does not exceed 30 % of the value of the ex-works price of the product

     

    ex Chapter 09

    Coffee, tea, maté and spices; except for:

    Manufacture in which all the materials of Chapter 9 used must be wholly obtained

     

    0901

    Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion

    Manufacture from materials of any heading

     

    0902

    Tea, whether or not flavoured

    Manufacture from materials of any heading

     

    ex  09 10

    Mixtures of spices

    Manufacture from materials of any heading

     

    Chapter 10

    Cereals

    Manufacture in which all the materials of Chapter 10 used must be wholly obtained

     

    ex Chapter 11

    Products of the milling industry; malt; starches; inulin; wheat gluten; except for:

    Manufacture in which all the cereals, edible vegetables, roots and tubers of heading No 0714 or fruit used must be wholly obtained

     

    ex  11 06

    Flour, meal and powder of the dried, shelled leguminous vegetables of heading No 0713

    Drying and milling of leguminous vegetables of heading No 0708

     

    Chapter 12

    Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder

    Manufacture in which all the materials of Chapter 12 used must be wholly obtained

     

    1301

    Lac; natural gums, resins, gum-resins and oleoresins (for example, balsams)

    Manufacture in which the value of any materials of heading No 1301 used may not exceed 50 % of the ex-works price of the product

     

    1302

    Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilage's and thickeners, whether or not modified, derived from vegetable products:

     
     

    –  Mucilage's and thickeners, modified, derived from vegetable products

    Manufacture from non-modified mucilage's and thickeners

     

    –  Other

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    Chapter 14

    Vegetable plaiting materials; vegetable products not elsewhere specified or included

    Manufacture in which all the materials of Chapter 14 used must be wholly obtained

     

    ex Chapter 15

    Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animals or vegetable waxes; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    1501

    Pig fat (including lard) and poultry fat, other than that of heading No 0209 or 1503 :

     
     

    –  Fats from bones or waste

    Manufacture from materials of any heading except those of heading Nos 0203 , 0206 or 0207 or bones of heading No 0506

     

    –  Other

    Manufacture from meat or edible offal of swine of heading No 0203 or 0206 or of meat and edible offal of poultry of heading No 0207

     

    1502

    Fats of bovine animals, sheep or goats, other than those of heading No 1503

     
     

    –  Fats from bones or waste

    Manufacture from materials of any heading except those of heading Nos 0201 , 0202 , 0204 or 0206 or bones of heading No 0506

     

    –  Other

    Manufacture in which all the materials of Chapter 2 used must be wholly obtained

     

    1504

    Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified:

     
     

    –  Solid fractions

    Manufacture from materials of any heading including other materials of heading No 1504

     

    –  Other

    Manufacture in which all the materials of Chapters 2 and 3 used must be wholly obtained

     

    ex  15 05

    Refined lanolin

    Manufacture from crude wool grease of heading No 1505

     

    1506

    Other animals fats and oils and their fractions, whether or not refined, but not chemically modified:

     
     

    –  Solid fractions

    Manufacture from materials of any heading including other materials of heading No 1506

     

    –  Other

    Manufacture in which all the materials of Chapter 2 used must be wholly obtained

     

    1507 to

    1515

    Vegetable oils and their fractions:

     
     

    –  Soya, ground nut, palm, copra, palm kernel, babassu, tung and oiticica oil, myrtle wax and Japan wax, fractions of jojoba oil and oils for technical or industrial uses other than the manufacture of foodstuffs for human consumption

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    –  Solid fractions, except for that of jojoba oil

    Manufacture from other materials of heading Nos 1507 to 1515

     

    –  Other

    Manufacture in which all the vegetable materials used must be wholly obtained

     

    1516

    Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, interesterified, reesterified or elaidinised, whether or not refined, but not further prepared

    Manufacture in which:

    — all the materials of Chapter 2 used must be wholly obtained;

    — all the vegetable materials used must be wholly obtained. However, materials of headings 1507 , 1508 , 1511 and 1513 may be used

     

    1517

    Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading No 1516

    Manufacture in which:

    — all the materials of Chapters 2 and 4 used must be wholly obtained;

    — all the vegetable materials used must be wholly obtained. However, materials of headings 1507 , 1508 , 1511 and 1513 may be used

     

    ex Chapter 16

    Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates; except for:

    Manufacture from animals of Chapter 1.

     

    1604 and

    1605

    Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs;

    Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved

    Manufacture in which the value of any materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product

     

    ex Chapter 17

    Sugars and sugar confectionery; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  17 01

    Cane or beet sugar and chemically pure sucrose, in solid form, flavoured or coloured

    Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    1702

    Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:

     
     

    –  Chemically pure maltose and fructose

    Manufacture from materials of any heading including other materials of heading No 1702

     

    –  Other sugars in solid form, flavoured or coloured

    Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    –  Other

    Manufacture in which all the materials used must already be originating

     

    ex  17 03

    Molasses resulting from the extraction or refining of sugar, flavoured or coloured

    Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    1704

    Sugar confectionery (including white chocolate), not containing cocoa

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    Chapter 18

    Cocoa and cocoa preparations

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    1901

    Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of heading Nos 0401 to 0404 , not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:

     
     

    –  Malt extract

    Manufacture from cereals of Chapter 10

     

    –  Other

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    1902

    Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared:

     
     

    –  Containing 20 % or less by weight of meat, meat offal, fish, crustaceans or molluscs

    Manufacture in which all the cereals and derivatives (except durum wheat and its derivatives) used must be wholly obtained

     

    –  Containing more than 20 % by weight of meat, meat offal, fish, crustaceans or molluscs

    Manufacture in which:

    — all cereals and derivatives (except durum wheat and its derivatives) used must be wholly obtained;

    — all the materials of Chapters 2 and 3 used must be wholly obtained

     

    1903

    Tapioca and substitutes therefore prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms

    Manufacture from materials of any heading except potato starch of heading No 1108

     

    1904

    Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included

    Manufacture:

    — from materials not classified within heading No 1806 ;

    — in which all the cereals and flour (except durum wheat and its derivates and Zea indurata maize) used must be wholly obtained (1);

    — in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    1905

    Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

    Manufacture from materials of any heading except those of Chapter 11

     

    ex Chapter 20

    Preparations of vegetables, fruit, nuts or other parts of plants; except for:

    Manufacture in which all the fruit, nuts or vegetables used must be wholly obtained

     

    ex  20 01

    Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, prepared or preserved by vinegar or acetic acid

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  20 04 and

    ex  20 05

    Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    2006

    Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised)

    Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    2007

    Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, being cooked preparations, whether or not containing added sugar or other sweetening matter

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    ex  20 08

    –  Nuts, not containing added sugar or spirit

    Manufacture in which the value of the originating nuts and oil seeds of heading Nos 0801 , 0802 and 1202 to 1207 used exceeds 60 % of the ex-works price of the product

     

    –  Peanut butter; mixtures based on cereals; palm hearts; maize (corn)

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    –  Other except for fruit and nuts cooked otherwise than by steaming or boiling in water, not containing added sugar, frozen

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    2009

    Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    ex Chapter 21

    Miscellaneous edible preparations; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    2101

    Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — all the chicory used must be wholly obtained

     

    2103

    Sauces and preparations therefore; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:

     
     

    –  Sauces and preparations therefore; mixed condiments and mixed seasonings

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, mustard flour or meal or prepared mustard may be used

     

    –  Mustard flour and meal and prepared mustard

    Manufacture from materials of any heading

     

    ex  21 04

    Soups and broths and preparations therefore

    Manufacture from materials of any heading except prepared or preserved vegetables of heading Nos 2002 to 2005

     

    2106

    Food preparations not elsewhere specified or included

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

     

    ex Chapter 22

    Beverages, spirits and vinegar; except for:

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — all the grapes or any material derived from grapes used must be wholly obtained

     

    2202

    Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading No 2009

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product;

    — any fruit juice used (except for pineapple, lime and grapefruit juices) must already be originating

     

    2207

    Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher; ethyl alcohol and other spirits, denatured, of any strength.

    Manufacture:

    — sing materials not classified in headings 2207 or 2208 ,

    — in which all the grapes or any materials derived from grapes used must be wholly obtained or if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume

     

    2208

    Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol.; spirits, liqueurs and other spirituous beverages

    Manufacture:

    — from materials not classified within heading Nos 2207 or 2208 ,

    — in which all the grapes or any material derived from grapes used must be wholly obtained or if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume

     

    ex Chapter 23

    Residues and waste from the food industries; prepared animal fodder; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  23 01

    Whale meal; flours, meals and pellets of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption

    Manufacture in which all the materials of Chapters 2 and 3 used must be wholly obtained

     

    ex  23 03

    Residues from the manufacture of starch from maize (excluding concentrated steeping liquors), of a protein content, calculated on the dry product, exceeding 40 % by weight

    Manufacture in which all the maize used must be wholly obtained

     

    ex  23 06

    Oil cake and other solid residues resulting from the extraction of olive oil, containing more than 3 % of olive oil

    Manufacture in which all the olives used must be wholly obtained

     

    2309

    Preparations of a kind used in animal feeding

    Manufacture in which:

    — all the cereals, sugar or molasses, meat or milk used must already be originating;

    — all the materials of Chapter 3 used must be wholly obtained

     

    ex Chapter 24

    Tobacco and manufactured tobacco substitutes; except for:

    Manufacture in which all the materials of Chapter 24 used must be wholly obtained

     

    2402

    Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes

    Manufacture in which at least 70 % by weight of the unmanufactured tobacco or tobacco refuse of heading No 2401 used must already be originating

     

    ex  24 03

    Smoking tobacco

    Manufacture in which at least 70 % by weight of the unmanufactured tobacco or tobacco refuse of heading No 2401 used must already be originating

     

    ex Chapter 25

    Salt; sulphur; earths and stone; plastering materials, lime and cement; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  25 04

    Natural crystalline graphite, with enriched carbon content, purified and ground

    Enriching of the carbon content, purifying and grinding of crude crystalline graphite

     

    ex  25 15

    Marble, merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape, of a thickness not exceeding 25 cm

    Cutting, by sawing or otherwise, of marble (even if already sawn) of a thickness exceeding 25 cm

     

    ex  25 16

    Granite, porphyry, basalt, sandstone and other monumental and building stone, merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape, of a thickness not exceeding 25 cm

    Cutting, by sawing or otherwise, of stone (even if already sawn) of a thickness exceeding 25 cm

     

    ex  25 18

    Calcined dolomite

    Calcinations of dolomite not calcined

     

    ex  25 19

    Crushed natural magnesium carbonate (magnetite), in hermetically-sealed containers, and magnesium oxide, whether or not pure, other than fused magnesia or dead-burned (sintered) magnesia

    Manufacture in which all the materials used is classified within a heading other than that of the product. However, natural magnesium carbonate (magnetite) may be used

     

    ex  25 20

    Plasters specially prepared for dentistry

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex  25 24

    Natural asbestos fibres

    Manufacture from asbestos concentrate

     

    ex  25 25

    Mica powder

    Grinding of mica or mica waste

     

    ex  25 30

    Earth colours, calcined or powdered

    Calcinations or grinding of earth colours

     

    Chapter 26

    Ores, slag and ash

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 27

    Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  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) (2)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    ex  27 09

    Crude oils obtained from bituminous minerals

    Destructive distillation of bituminous materials

     

    2710

    Petroleum oils and oils obtained from bituminous materials, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous materials, these oils being the basic constituents of the preparations

    Operations of refining and/or one or more specific process(es) (3)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    2711

    Petroleum gases and other gaseous hydrocarbons

    Operations of refining and/or one or more specific process(es) (3)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    2712

    Petroleum jelly; paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes and similar products obtained by synthesis or by other processes, whether or not coloured

    Operations of refining and/or one or more specific process(es) (3)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    2713

    Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous materials

    Operations of refining and/or one or more specific process(es) (2)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    2714

    Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphaltites and asphaltic rocks

    Operations of refining and/or one or more specific process(es) (2)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    2715

    Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cut-backs)

    Operations of refining and/or one or more specific process(es) (2)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    ex Chapter 28

    Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex  28 05

    ‘Mischmetall’

    Manufacture by electrolytic or thermal treatment in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex  28 11

    Sulphur trioxide

    Manufacture from sulphur dioxide

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex  28 33

    Aluminium sulphate

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex  28 40

    Sodium perborate

    Manufacture from disodium tetraborate pentahydrate

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 29

    Organic chemicals; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex  29 01

    Acyclic hydrocarbons for use as power or heating fuels

    Operations of refining and/or one or more specific process(es) (2)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    ex  29 02

    Cyclanes and cyclenes (other than azulenes), benzene, toluene, xylenes, for use as power or heating fuels

    Operations of refining and/or one or more specific process(es) (2)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used, provided their value does not exceed 50 % of the ex-works price of the product

     

    ex  29 05

    Metal alcoholates of alcohols of this heading and of ethanol

    Manufacture from materials of any heading, including other materials of heading No 2905 . However, metal alcoholates of this heading may be used, provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    2915

    Saturated acyclic monocarboxylic acids and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives

    Manufacture from materials of any heading. However, the value of all the materials of headings Nos 2915 and 2916 used may not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex  29 32

    –  Internal ethers and their halogenated, sulphonated, nitrated or nitrosated derivatives

    Manufacture from materials of any heading. However, the value of all the materials of heading No 2909 used may not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    –  Cyclic acetals and internal hemiacetals and their halogenated, sulphonated, nitrated or nitrosated derivatives

    Manufacture from materials of any heading

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    2933

    Heterocyclic compounds with nitrogen hetero-atom(s) only

    Manufacture from materials of any heading. However, the value of all the materials of headings Nos 2932 and 2933 used may not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    2934

    Nucleic acids and their salts; other heterocyclic compounds

    Manufacture from materials of any heading. However, the value of all the materials of headings Nos 2932 , 2933 and 2934 used may not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 30

    Pharmaceutical products; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

     

    3002

    Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products:

     
     

    –  Products consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses or unmixed products for these uses, put up in measured doses or in forms or packing's for retail sale

    Manufacture from materials of any heading, including other materials of heading No 3002 . The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

     

    –  Other:

     
     

    – –  human blood

    Manufacture from materials of any heading, including other materials of heading No 3002 . The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

     

    – –  animal blood prepared for therapeutic or prophylactic uses

    Manufacture from materials of any heading, including other materials of heading No 3002 . The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

     

    – –  blood fractions other than antisera, haemoglobin, blood globulins and serum globulins

    Manufacture from materials of any heading, including other materials of heading No 3002 . The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

     

    – –  haemoglobin, blood globulins and serum globulins

    Manufacture from materials of any heading, including other materials of heading No 3002 . The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

     

    – –  other

    Manufacture from materials of any heading, including other materials of heading No 3002 . The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

     

    3003 and

    3004

    Medicaments (excluding goods of heading No 3002 , 3005 or 3006 ):

     
     

    –  Obtained from amikacin of heading No 2941

    Manufacture in which all the materials used is classified within a heading other than that of the product. However, materials of heading No 3003 or 3004 may be used provided their value, taken together, does not exceed 20 % of the ex-works price of the product

     

    –  Other

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product. However, materials of heading No 3003 or 3004 may be used provided their value, taken together, does not exceed 20 % of the ex-works price of the product;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex Chapter 31

    Fertilisers; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex  31 05

    Mineral or chemical fertilisers containing two or three of the fertilising elements nitrogen, phosphorous and potassium; other fertilisers; goods of this Chapter, in tablets or similar forms or in packages of a gross weight not exceeding 10 kg, except for:

    — sodium nitrate

    — calcium cyanamide

    — potassium sulphate

    — magnesium potassium sulphate

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 32

    Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex  32 01

    Tannins and their salts, ethers, esters and other derivatives

    Manufacture from tanning extracts of vegetable origin

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    3205

    Colour lakes; preparations as specified in Note 3 to this Chapter based on colour lakes (4)

    Manufacture from materials of any heading, except headings Nos 3203 , 3204 and 3205 . However, materials from heading No 3205 may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 33

    Essential oils and resinoids; perfumery, cosmetic or toilet preparations; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    3301

    Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by effleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils

    Manufacture from materials of any heading, including materials of a different ‘group’ (5) in this heading. However, materials of the same group may be used, provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 34

    Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex  34 03

    Lubricating preparations containing petroleum oils or oils obtained from bituminous minerals, provided they represent less than 70 % by weight

    Operations of refining and/or one or more specific process(es) (2)

    or

    Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    3404

    Artificial waxes and prepared waxes:

     
     

    –  With a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

     

    –  Other

    Manufacture from materials of any heading, except:

    — hydrogenated oils having the character of waxes of heading No 1516 ;

    — fatty acids not chemically defined or industrial fatty alcohols having the character of waxes of heading No 3823 ;

    — materials of heading No 3404

    However, these materials may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 35

    Albuminoidal substances; modified starches; glues; enzymes; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    3505

    Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches:

     
     

    –  Starch ethers and esters

    Manufacture from materials of any heading, including other materials of heading No 3505

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    –  Other

    Manufacture from materials of any heading, except those of heading No 1108

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex  35 07

    Prepared enzymes not elsewhere specified or included

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    Chapter 36

    Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 37

    Photographic or cinematographic goods; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    3701

    Photographic plates and film in the flat, sensitised, unexposed, of any material other than paper, paperboard or textiles; instant print film in the flat, sensitised, unexposed, whether or not in packs:

     
     

    –  Instant print film for colour photography, in packs

    Manufacture in which all the materials used is classified within a heading other than heading Nos 3701 or 3702 . However, materials from heading No 3702 may be used provided their value does not exceed 30 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    –  Other

    Manufacture in which all the materials used are classified within a heading other than heading No 3701 or 3702 . However, materials from heading Nos 3701 and 3702 may be used provided their value taken together, does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    3702

    Photographic film in rolls, sensitised, unexposed, of any material other than paper, paperboard or textiles; instant print film in rolls, sensitised, unexposed

    Manufacture in which all the materials used are classified within a heading other than heading Nos 3701 or 3702

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    3704

    Photographic plates, film paper, paperboard and textiles, exposed but not developed

    Manufacture in which all the materials used are classified within a heading other than heading Nos 3701 to 3704

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 38

    Miscellaneous chemical products; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex  38 01

    –  Colloidal graphite in suspension in oil and semi colloidal graphite; carbonaceous pastes for electrodes

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    –  Graphite in paste form, being a mixture of more than 30 % by weight of graphite with mineral oils

    Manufacture in which the value of all the materials of heading No 3403 used does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex  38 03

    Refined tall oil

    Refining of crude tall oil

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex  38 05

    Spirits of sulphate turpentine, purified

    Purification by distillation or refining of raw spirits of sulphate turpentine

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex  38 06

    Ester gums

    Manufacture from resin acids

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex  38 07

    Wood pitch (wood tar pitch)

    Distillation of wood tar

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    3808

    Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packing's for retail sale or as preparations or articles (for example, sulphur-treated bands, wicks and candles, and fly-papers)

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

     

    3809

    Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordant's), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

     

    3810

    Pickling preparations for metal surfaces; fluxes and other auxiliary preparations for soldering, brazing or welding; soldering, brazing or welding powders and pastes consisting of metal and other materials; preparations of a kind used as cores or coatings for welding electrodes or rods

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

     

    3811

    Anti-knock preparations, oxidation inhibitors, gum inhibitors, viscosity improvers, anti-corrosive preparations and other prepared additives, for mineral oils (including gasoline) or for other liquids used for the same purposes as mineral oils:

     
     

    –  Prepared additives for lubricating oil, containing petroleum oils or oils obtained from bituminous minerals

    Manufacture in which the value of all the materials of heading No 3811 used does not exceed 50 % of the ex-works price of the product

     

    –  Other

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3812

    Prepared rubber accelerators; compound plasticizers for rubber or plastics, not elsewhere specified or included; anti-oxidising preparations and other compound stabilisers for rubber or plastics

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3813

    Preparations and charges for fire-extinguishers; charged fire-extinguishing grenades

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3814

    Organic composite solvents and thinners, not elsewhere specified or included; prepared paint or vanish removers

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3818

    Chemical elements doped for use in electronics, in the form of discs, wafers or similar forms; chemical compounds doped for use in electronics

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3819

    Hydraulic brake fluids and other prepared liquids for hydraulic transmission, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3820

    Anti-freezing preparations and prepared de-icing fluids

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3822

    Diagnostic or laboratory reagents on a backing and prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading No 3002 or 3006

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3823

    Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols.

     
     

    –  Industrial monocarboxylic fatty acids, acid oils from refining

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    –  Industrial fatty alcohols

    Manufacture from materials of any heading including other materials of heading No 3823

     

    3824

    Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included:

     
     

    –  The following of this heading:

    – –  Prepared binders for foundry moulds or cores based on natural resinous products

    – –  Naphthenic acids, their water insoluble salts and their esters

    – –  Sorbitol other than that of heading No 2905

    – –  Petroleum sulphonates, excluding petroleum sulphonates of alkali metals, of ammonium or of ethanolamine's; thiophenated sulphonic acids of oils obtained from bituminous minerals, and their salts

    – –  Ion exchangers

    – –  Getters for vacuum tubes

    – –  Alkaline iron oxide for the purification of gas

    – –  Ammoniacal gas liquors and spent oxide produced in coal gas purification

    – –  Sulphonaphthenic acids, their water insoluble salts and their esters

    – –  Fusel oil and Dippel's oil

    – –  Mixtures of salts having different anions

    – –  Copying pastes with a basis of gelatine, whether or not on a paper or textile backing

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    –  Other

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    3901 to

    3915

    Plastics in primary forms, waste, parings and scrap, of plastic; except for heading Nos ex  39 07 and 3912 for which the rules are set out below:

     
     

    –  Addition homopolymerisation products in which a single monomer contributes more than 99 % by weight to the total polymer content

    Manufacture in which:

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product;

    — the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (6)

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    –  Other

    Manufacture in which the value of the materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (6)

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    ex  39 07

    –  Copolymer, made from polycarbonate and acrylonitrile-butadiene-styrene copolymer (ABS)

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product (6)

     

    –  Polyester

    Manufacture in which the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product and/or manufacture from polycarbonate of tetrabromo-(bisphenol A)

     

    3912

    Cellulose and its chemical derivatives, not elsewhere specified or included, in primary forms

    Manufacture in which the value of any materials classified in the same heading as the product does not exceed 20 % of the ex-works price of the product

     

    3916 to

    3921

    Semi-manufactures and articles of plastics; except for headings Nos ex  39 16 , ex  39 17 , ex  39 20 and ex  39 21 , for which the rules are set out below:

     
     

    –  Flat products, further worked than only surface-worked or cut into forms other than rectangular (including square); other products, further worked than only surface-worked

    Manufacture in which the value of any materials of Chapter 39 used does not exceed 50 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    –  Other:

     
     

    – –  Addition homopolymerisation products in which a single monomer contributes more than 99 % by weight to the total polymer content

    Manufacture in which:

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product;

    — the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (6)

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    – –  Other

    Manufacture in which the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (6)

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    ex  39 16 and

    ex  39 17

    Profile shapes and tubes

    Manufacture in which:

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product;

    — the value of any materials classified within the same heading as the product does not exceed 20 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    ex  39 20

    –  Ionomer sheet or film

    Manufacture from a thermoplastic partial salt which is a copolymer of ethylene and metacrylic acid partly neutralised with metal ions, mainly zinc and sodium

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    –  Sheets of regenerated cellulose, polyamides or polyethylene

    Manufacture in which the value of any materials classified in the same heading as the product does not exceed 20 % of the ex-works price of the product

     

    ex  39 21

    Foils of plastic, metallised

    Manufacture from highly transparent polyester foils with a thickness of less than 23 micron (7)

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    3922 to

    3926

    Articles of plastics

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex Chapter 40

    Rubber and articles thereof; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  40 01

    Laminated slabs of crepe rubber for shoes

    Lamination of sheets of natural rubber

     

    4005

    Compounded rubber, unvulcanised, in primary forms or in plates, sheets or strip

    Manufacture in which the value of all the materials used, except natural rubber, does not exceed 50 % of the ex-works price of the product

     

    4012

    Retreaded or used pneumatic tyres of rubber; solid or cushion tyres, interchangeable tyre treads and tyre flaps, of rubber:

     
     

    –  Retreaded pneumatic, solid or cushion tyres, of rubber

    Retreading of used tyres

     

    –  Other

    Manufacture from materials of any heading, except those of heading Nos 4011 or 4012

     

    ex  40 17

    Articles of hard rubber

    Manufacture from hard rubber

     

    ex Chapter 41

    Raw hides and skins (other than furskins) and leather; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  41 02

    Raw skins of sheep or lambs, without wool on

    Removal of wool from sheep or lamb skins, with wool on

     

    4104 to

    4107

    Leather, without hair or wool, other than leather of heading Nos 4108 or 4109

    Retanning of pre-tanned leather

    or

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    4109

    Patent leather and patent laminated leather; metallised leather

    Manufacture from leather of heading Nos 4104 to 4107 provided its value does not exceed 50 % of the ex-works price of the product

     

    Chapter 42

    Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut)

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 43

    Furskins and artificial fur; manufactures thereof; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  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 No 4302

     

    ex Chapter 44

    Wood and articles of wood; wood charcoal; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  44 03

    Wood roughly squared

    Manufacture from wood in the rough, whether or not stripped of its bark or merely roughed down

     

    ex  44 07

    Wood sawn or chipped lengthwise, sliced or peeled, of a thickness exceeding 6 mm, planed, sanded or finger-jointed

    Planning, sanding or finger-jointing

     

    ex  44 08

    Veneer sheets and sheets for plywood, of a thickness not exceeding 6 mm, spliced, and other wood sawn lengthwise, sliced or peeled of a thickness not exceeding 6 mm, planed, sanded or finger-jointed

    Splicing, planning, sanding or finger-jointing

     

    ex  44 09

    Wood continuously shaped along any of its edges or faces, whether or not planed, sanded or finger-jointed:

     
     

    –  Sanded or finger-jointed

    Sanding or finger-jointing

     

    –  Beadings and mouldings

    Beading or moulding

     

    ex  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 packing's, of wood

    Manufacture from boards not cut to size

     

    ex  44 16

    Casks, barrels, vats, tubs and other coopers' products and parts thereof, of wood

    Manufacture from riven staves, not further worked than sawn on the two principal surfaces

     

    ex  44 18

    –  Builders' joinery and carpentry of wood

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, cellular wood panels, shingles and shakes may be used

     

    –  Beadings and mouldings

    Beading or moulding

     

    ex  44 21

    Match splints; wooden pegs or pins for footwear

    Manufacture from wood of any heading except drawn wood of heading No 4409

     

    ex Chapter 45

    Cork and articles of cork; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    4503

    Articles of natural cork

    Manufacture from cork of heading No 4501

     

    Chapter 46

    Manufactures of straw, of esparto or of other plaiting materials; basket ware and wickerwork

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    Chapter 47

    Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 48

    Paper and paperboard; articles of paper pulp, of paper or of paperboard; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  48 11

    Paper and paperboard, ruled, lined or squared only

    Manufacture from paper-making materials of Chapter 47

     

    4816

    Carbon paper, self-copy paper and other copying or transfer papers (other than those of heading No 4809 ), duplicator stencils and offset plates, of paper, whether or not put up in boxes

    Manufacture from paper-making materials of Chapter 47

     

    4817

    Envelopes, letter cards, plain postcards and correspondence cards, of paper or paperboard; boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing an assortment of paper stationery

    Manufacturing in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex  48 18

    Toilet paper

    Manufacture from paper-making materials of Chapter 47

     

    ex  48 19

    Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibres

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex  48 20

    Letter pads

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex  48 23

    Other paper, paperboard, cellulose wadding and webs of cellulose fibres, cut to size or shape

    Manufacture from paper-making materials of Chapter 47

     

    ex Chapter 49

    Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    4909

    Printed or illustrated postcards; printed cards bearing personal greetings, messages or announcements, whether or not illustrated, with or without envelopes or trimmings

    Manufacture from materials not classified within heading Nos 4909 or 4911

     

    4910

    Calendars of any kind, printed, including calendar blocks:

     
     

    –  Calendars of the ‘perpetual’ type or with replaceable blocks mounted on bases other than paper or paperboard

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    –  Other

    Manufacture from materials not classified in heading Nos 4909 or 4911

     

    ex Chapter 50

    Silk; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  50 03

    Silk waste (including cocoons unsuitable for reeling, yarn waste and garneted stock), carded or combed

    Carding or combing of silk waste

     

    5004 to

    ex  50 06

    Silk yarn and yarn spun from silk waste

    Manufacture from (8):

    — raw silk or silk waste carded or combed or otherwise prepared for spinning,

    — other natural fibres not carded or combed or otherwise prepared for spinning,

    — chemical materials or textile pulp, or

    — paper-making materials

     

    5007

    Woven fabrics of silk or of silk waste:

    Manufacture from yarn (8)

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

    ex Chapter 51

    Wool, fine or coarse animal hair; horsehair yarn and woven fabric; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    5106 to

    5110

    Yarn of wool, of fine or coarse animal hair or of horsehair

    Manufacture from (8):

    — raw silk or silk waste carded or combed or otherwise prepared for spinning,

    — natural fibres not carded or combed or otherwise prepared for spinning,

    — chemical materials or textile pulp, or

    — paper-making materials

     

    5111 to

    5113

    Woven fabrics of wool, of fine or coarse animal hair or of horsehair:

    Manufacture from yarn (8)

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

    ex Chapter 52

    Cotton; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    5204 to

    5207

    Yarn and thread of cotton

    Manufacture from (8):

    — raw silk or silk waste carded or combed or otherwise prepared for spinning,

    — natural fibres not carded or combed or otherwise prepared for spinning,

    — chemical materials or textile pulp, or

    — paper-making materials

     

    5208 to 5212

    Woven fabrics of cotton:

    Manufacture from yarn (8)

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

    ex Chapter 53

    Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    5306 to

    5308

    Yarn of other vegetable textile fibres; paper yarn

    Manufacture from (8):

    — raw silk or silk waste carded or combed or otherwise prepared for spinning,

    — natural fibres not carded or combed or otherwise prepared for spinning,

    — chemical materials or textile pulp, or

    — paper-making materials

     

    5309 to

    5311

    Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn:

    Manufacture from yarn (8)

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

    5401 to

    5406

    Yarn, monofilament and thread of man-made filaments

    Manufacture from (8):

    — raw silk or silk waste carded or combed or otherwise prepared for spinning,

    — natural fibres not carded or combed or otherwise prepared for spinning,

    — chemical materials or textile pulp, or

    — paper-making materials

     

    5407 and

    5408

    Woven fabrics of man-made filament yarn:

    Manufacture from yarn (8)

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

    5501 to

    5507

    Man-made staple fibres

    Manufacture from chemical materials or textile pulp

     

    5508 to

    5511

    Yarn and sewing thread of man-made staple fibres

    Manufacture from (8):

    — raw silk or silk waste carded or combed or otherwise prepared for spinning,

    — natural fibres not carded or combed or otherwise prepared for spinning,

    — chemical materials or textile pulp, or

    — paper-making materials

     

    5512 to

    5516

    Woven fabrics of man-made staple fibres:

    Manufacture from yarn (8)

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

    ex Chapter 56

    Wadding, felt and non-wovens; special yarns; twine, cordage, ropes and cables and articles thereof; except for:

    Manufacture from (8):

    — coir yarn,

    — natural fibres,

    — chemical materials or textile pulp, or

    — paper making materials

     

    5602

    Felt, whether or not impregnated, coated, covered or laminated:

     
     

    –  Needle loom felt

    Manufacture from (8):

    — natural fibres,

    — chemical materials or textile pulp

     

    –  Other

    Manufacture from (8):

    — natural fibres,

    — man-made staple fibres, or

    — chemical materials or textile pulp

     

    5604

    Rubber thread and cord, textile covered; textile yarn, and strip and the like of heading No 5404 or 5405 , impregnated, coated, covered or sheathed with rubber or plastics:

     
     

    –  Rubber thread and cord, textile covered

    Manufacture from rubber thread or cord, not textile covered

     

    –  Other

    Manufacture from (8):

    — natural fibres not carded or combed or otherwise processed for spinning,

    — chemical materials or textile pulp, or

    — paper-making materials

     

    5605

    Metallised yarn, whether or not gimped, being textile yarn, or strip or the like of heading No 5404 or 5405 , combined with metal in the form of thread, strip or powder or covered with metal

    Manufacture from (8):

    — natural fibres,

    — man-made staple fibres not carded or combed or otherwise processed for spinning,

    — chemical materials or textile pulp, or

    — paper-making materials

     

    5606

    Gimped yarn, and strip and the like of heading No 5404 or 5405 , gimped (other than those of heading No 5605 and gimped horsehair yarn); chenille yarn (including flock chenille yarn; loop wale-yarn

    Manufacture from (8):

    — natural fibres,

    — man-made staple fibres not carded or combed or otherwise processed for spinning,

    — chemical materials or textile pulp, or

    — paper-making materials

     

    Chapter 57

    Carpets and other textile floor coverings:

     
     

    –  Of needle loom felt

    Manufacture from (8):

    — natural fibres, or

    — chemical materials or textile pulp

    However jute fabric may be used as backing

     

    –  Of other felt

    Manufacture from (8):

    — natural fibres not carded or combed or otherwise processed for spinning, or

    — chemical materials or textile pulp

     

    –  Other

    Manufacture from yarn (8).

    However jute fabric may be used as backing

     

    ex Chapter 58

    Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery; except for:

    Manufacture from yarn (8)

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

    5805

    Hand-woven tapestries of the types gobelins, Flanders, aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made up

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    5810

    Embroidery in the piece, in strips or in motifs

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    5901

    Textile fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books or the like; tracing cloth; prepared painting canvas; buckram and similar stiffened textile fabrics of a kind used for hat foundations

    Manufacture from yarn

     

    5902

    Tyre cord fabric of high tenacity yarn of nylon or other polyamides, polyesters or viscose rayon:

    Manufacture from yarn

     

    5903

    Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading No 5902

    Manufacture from yarn

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, razing, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

    5904

    Linoleum, whether or not cut to shape; floor coverings consisting of a coating or covering applied on a textile backing, whether or not cut to shape

    Manufacture from yarn (8)

     

    5905

    Textile wall coverings:

    Manufacture from yarn

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

    5906

    Rubberised textile fabrics, other than those of heading No 5902 :

    Manufacture from yarn

     

    5907

    Textile fabrics otherwise impregnated, coated or covered; painted canvas being theatrical scenery, studio back-cloths or the like

    Manufacture from yarn

    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, razing, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

    5908

    Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric therefore, whether or not impregnated:

     
     

    –  Incandescent gas mantles, impregnated

    Manufacture from tubular knitted gas mantle fabric

     

    –  Other

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    5909 to

    5911

    Textile articles of a kind suitable for industrial use:

     
     

    –  Polishing discs or rings other than of felt of heading No 5911

    Manufacture from yarn or waste fabrics or rags of heading No 6310

     

    –  Woven fabrics, of a kind commonly used in papermaking or other technical uses, felted or not, whether or not impregnated or coated, tubular or endless with single or multiple warp and/or weft, or flat woven with multiple warp and/or weft of heading No 5911

    Manufacture from yarn (8):

     

    –  Other

    Manufacture from yarn (8):

     

    Chapter 60

    Knitted or crocheted fabrics

    Manufacture from yarn (8):

     

    Chapter 61

    Articles of apparel and clothing accessories, knitted or crocheted:

     
     

    –  Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form

    Manufacture from fabric

     

    –  Other

    Manufacture from yarn (8):

     

    ex Chapter 62

    Articles of apparel and clothing accessories, not knitted or crocheted; except for:

    Manufacture from fabric

     

    6213 and

    6214

    Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like:

     
     

    –  Embroidered

    Manufacture from yarn (8) (9)

    Manufacture from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product (8)

    –  Other

    Manufacture from yarn (8) (9)

    Making up followed by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted goods of heading Nos 6213 and 6214 used does not exceed 47,5 % of the ex-works price of the product

    6217

    Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading No 6212 :

     
     

    –  Embroidered

    Manufacture from yarn (8)

    Manufacture from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product (8)

    –  Fire-resistant equipment of fabric covered with foil of aluminised polyester

    Manufacture from yarn (8)

    Manufacture from uncoated fabric provided the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product (8)

    –  Interlinings for collars and cuffs, cut out

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex Chapter 63

    Other made-up textile articles; sets; worn clothing and worn textile articles; rags; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    6301 to

    6304

    Blankets, travelling rugs, bed linen etc.; curtains etc.; other furnishing articles:

     
     

    –  Of felt, of non-wovens

    Manufacture from (8):

    — fibres, or

    — chemical materials or textile pulp

     

    –  Other:

     
     

    – –  Embroidered

    Manufacture from yarn (9) (10)

    Manufacture from unembroidered fabric (other than knitted or crocheted) provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product

    – –  Other

    Manufacture from yarn (8) (9)

     

    6305

    Sacks and bags, of a kind used for the packing of goods

    Manufacture from yarn (8):

     

    6306

    Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or land craft; camping goods:

    Manufacture from 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, non-originating articles may be incorporated provided their total value does not exceed 25 % of the ex-works price of the set

     

    ex Chapter 64

    Footwear, gaiters and the like; except for:

    Manufacture from materials of any heading except for assemblies of uppers affixed to inner soles or to other sole components of heading No 6406

     

    6406

    Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable in-soles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 65

    Headgear and parts thereof, except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    6503

    Felt hats and other felt headgear, made from the hat bodies, hoods or plateaux of heading No 6501 , whether or not lined or trimmed

    Manufacture from yarn or textile fibres (9)

     

    6505

    Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed

    Manufacture from yarn or textile fibres (9)

     

    ex Chapter 66

    Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops, and parts thereof; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    6601

    Umbrellas and sun umbrellas (including walking-stick umbrellas, garden umbrellas and similar umbrellas)

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    Chapter 67

    Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 68

    Articles of stone, plaster, cement, asbestos, mica or similar materials; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  68 03

    Articles of slate or of agglomerated slate

    Manufacture from worked slate

     

    ex  68 12

    Articles of asbestos; articles of mixtures with a basis of asbestos or of mixtures with a basis of asbestos and magnesium carbonate

    Manufacture from materials of any heading

     

    ex  68 14

    Articles of mica, including agglomerated or reconstituted mica, on a support of paper, paperboard or other materials

    Manufacture from worked mica (including agglomerated or reconstituted mica)

     

    Chapter 69

    Ceramic products

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 70

    Glass and glassware; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  70 03 ,

    ex  70 04 and

    ex  70 05

    Glass with a non-reflecting layer

    Manufacture from materials of heading No 7001

     

    7006

    Glass of heading No 7003 , 7004 or 7005 , bent, edge worked, engraved, drilled, enamelled or otherwise worked, but not framed or fitted with other materials:

     
     

    –  glass plate substrate coated with dielectric thin film, semi conductor grade, in accordance with SEMII standards (11)

    Manufacture from non-coated glass plate substrate of heading No 7006

     

    –  other

    Manufacture from materials of heading No 7001

     

    7007

    Safety glass, consisting of toughened (tempered) or laminated glass

    Manufacture from materials of heading No 7001

     

    7008

    Multiple-walled insulating units of glass

    Manufacture from materials of heading No 7001

     

    7009

    Glass mirrors, whether or not framed, including rear-view mirrors

    Manufacture from materials of heading No 7001

     

    7010

    Carboys, bottles, flasks, jars, pots, phials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass

    Manufacture in which all the materials used are classified within a heading other than that of the product

    or

    Cutting of glassware, provided the value of the uncut glassware does not exceed 50 % of the ex-works price of the product

     

    7013

    Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading No 7010 or 7018 )

    Manufacture in which all the materials used are classified within a heading other than that of the product

    or

    Cutting of glassware, provided the value of the uncut glassware does not exceed 50 % of the ex-works price of the product

    or

    Hand-decoration (with the exception of silk-screen printing) of hand-blown glassware, provided the value of the hand-blown glassware does not exceed 50 % of the ex-works price of the product

     

    ex  70 19

    Articles (other than yarn) of glass fibres

    Manufacture from:

    — uncoloured slivers, rovings, yarn or chopped strands, or

    — glass wool

     

    ex Chapter 71

    Natural or cultured pearls, precious or semi precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  71 01

    Natural or cultured pearls, graded and temporarily strung for convenience of transport

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex  71 02 ,

    ex  71 03 and

    ex  71 04

    Worked precious or semi precious stones (natural, synthetic or reconstructed)

    Manufacture from unworked precious or semi precious stones

     

    7106 ,

    7108 and

    7110

    Precious metals:

     
     

    –  Unwrought

    Manufacture from materials not classified within heading No 7106 , 7108 or 7110

    or

    Electrolytic, thermal or chemical separation of precious metals of heading No 7106 , 7108 or 7110

    or

    Alloying of precious metals of heading No 7106 , 7108 or 7110 with each other or with base metals

     

    –  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

     

    7116

    Articles of natural or cultured pearls, precious or semi precious stones (natural, synthetic or reconstructed)

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    7117

    Imitation jewellery

    Manufacture in which all the materials used are classified within a heading other than that of the product

    or

     
     

    Manufacture from base metal parts, not plated or covered with precious metals, provided the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex Chapter 72

    Iron and steel; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    7207

    Semi-finished products of iron or non-alloy steel

    Manufacture from materials of heading No 7201 , 7202 , 7203 , 7204 or 7205

     

    7208 to

    7216

    Flat-rolled products, bars and rods, angles, shapes and sections of iron or non-alloy steel

    Manufacture from ingots or other primary forms of heading No 7206

     

    7217

    Wire of iron or non-alloy steel

    Manufacture from semi finished materials of heading No 7207

     

    ex  72 18 ,

    7219 to

    7222

    Semi-finished products, flat-rolled products, bars and rods, angles, shapes and sections of stainless steel

    Manufacture from ingots or other primary forms of heading No 7218

     

    7223

    Wire of stainless steel

    Manufacture from semi finished materials of heading No 7218

     

    ex  72 24 ,

    7225 to

    7228

    Semi-finished products, flat-rolled products, hot-rolled bars and rods, in irregularly wound coils; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel

    Manufacture from ingots or other primary forms of heading No 7206 , 7218 or 7224

     

    7229

    Wire of other alloy steel

    Manufacture from semi finished materials of heading No 7224

     

    ex Chapter 73

    Articles of iron or steel; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  73 01

    Sheet piling

    Manufacture from materials of heading No 7206

     

    7302

    Railway or tramway track construction materials of iron or steel, the following: rails, checkrails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole pates (base plates), rail clips, bedplates, ties and other material specialised for jointing or fixing rails

    Manufacture from materials of heading No 7206

     

    7304 ,

    7305 and

    7306

    Tubes, pipes and hollow profiles, of iron (other than cast iron) or steel

    Manufacture from materials of heading No 7206 , 7207 , 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 the value of which does not exceed 35 % of the ex-works price of the product

     

    7308

    Structures (excluding prefabricated buildings of heading No 9406 ) and parts of structures (for example, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frame-works, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, welded angles, shapes and sections of heading No 7301 may not be used

     

    ex  73 15

    Skid chain

    Manufacture in which the value of all the materials of heading No 7315 used does not exceed 50 % of the ex-works price of the product

     

    ex Chapter 74

    Copper and articles thereof; except for:

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    7401

    Copper mattes; cement copper (precipitated copper)

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    7402

    Unrefined copper; copper anodes for electrolytic refining

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    7403

    Refined copper and copper alloys, unwrought:

     
     

    –  Refined copper

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    –  Copper alloys and refined copper containing other elements

    Manufacture from refined copper, unwrought, or waste and scrap of copper

     

    7404

    Copper waste and scrap

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    7405

    Master alloys of copper

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 75

    Nickel and articles thereof; except for:

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    7501 to

    7503

    Nickel mattes, nickel oxide sinters and other intermediate products of nickel metallurgy; unwrought nickel; nickel waste and scrap

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 76

    Aluminium and articles thereof; except for:

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    7601

    Unwrought aluminium

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product; and

    — 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 in which all the materials used are classified within a heading other than 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 in which:

    — all the materials used are classified within a heading other than that of the product. However, gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, or expanded metal of aluminium may be used;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    Chapter 77

    Reserved for possible future use in HS

     
     

    ex Chapter 78

    Lead and articles thereof; except for:

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    7801

    Unwrought lead:

     
     

    –  Refined lead

    Manufacture from ‘bullion’ or ‘work’ lead

     

    –  Other

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, waste and scrap of heading No 7802 may not be used

     

    7802

    Lead waste and scrap

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 79

    Zinc and articles thereof; except for:

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    7901

    Unwrought zinc

    Manufacture in which all the materials used is classified within a heading other than that of the product. However, waste and scrap of heading No 7902 may not be used

     

    7902

    Zinc waste and scrap

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 80

    Tin and articles thereof; except for:

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    8001

    Unwrought tin

    Manufacture in which all the materials used is classified within a heading other than that of the product. However, waste and scrap of heading No 8002 may not be used

     

    8002 and

    8007

    Tin waste and scrap; other articles of tin

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    Chapter 81

    Other base metals; cermets; articles thereof:

     
     

    –  Other base metals, wrought; articles thereof

    Manufacture in which the value of all the materials classified within the same heading as the product used does not exceed 50 % of the ex-works price of the product

     

    –  Other

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex Chapter 82

    Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    8206

    Tools of two or more of the heading Nos 8202 to 8205 , put up in sets for retail sale

    Manufacture in which all the materials used are classified within a heading other than heading Nos 8202 to 8205 . However, tools of heading Nos 8202 to 8205 may be incorporated into the set provided their value does not exceed 15 % of the ex-works price of the set

     

    8207

    Interchangeable tools for hand tools, whether or not power-operated, or for machine-tools (for example, for pressing, stamping, punching, tapping, threading, drilling, boring, broaching, milling, turning, or screw driving), including dies for drawing or extruding metal, and rock drilling or earth boring tools

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8208

    Knives and cutting blades, for machines or for mechanical appliances

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex  82 11

    Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading No 8208

    Manufacture in which all the materials used is classified within a heading other than that of the product. However, knife blades and handles of base metal may be used

     

    8214

    Other articles of cutlery (for example, hair clippers, butchers' or kitchen cleavers, choppers and mincing knives, paper knives); manicure or pedicure sets and instruments (including nail files)

    Manufacture in which all the materials used is classified within a heading other than that of the product. However, handles of base metal may be used

     

    8215

    Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware

    Manufacture in which all the materials used is classified within a heading other than that of the product. However, handles of base metal may be used

     

    ex Chapter 83

    Miscellaneous articles of base metal; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    ex  83 02

    Other mountings, fittings and similar articles suitable for buildings, and automatic door closers

    Manufacture in which all the materials used is classified within a heading other than that of the product. However, the other materials of heading No 8302 may be used provided their value does not exceed 20 % of the ex-works price of the product

     

    ex  83 06

    Statuettes and other ornaments, of base metal

    Manufacture in which all the materials used is classified within a heading other than that of the product. However, the other materials of heading No 8306 may be used provided their value does not exceed 30 % of the ex-works price of the product

     

    ex Chapter 84

    Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof; except for:

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex  84 01

    Nuclear fuel elements

    Manufacture in which all the materials used are classified within a heading other than that of the product (12)

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the final product

    8402

    Steam or other vapour generating boilers (other than central heating hot water boilers capable also of producing low pressure steam); super heated water boilers

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8403 and

    ex  84 04

    Central heating boilers other than those of heading No 8402 and auxiliary plant for central heating boilers

    Manufacture in which all the materials used are classified within a heading other than heading No 8403 or 8404

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    8406

    Steam turbines and other vapour turbines

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8407

    Spark-ignition reciprocating or rotary internal combustion piston engines

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8408

    Compression-ignition internal combustion piston engines (diesel or semi diesel engines)

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8409

    Parts suitable for use solely or principally with the engines of heading No 8407 or 8408

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8411

    Turbo-jets, turbo propellers and other gas turbines

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8412

    Other engines and motors

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex  84 13

    Rotary positive displacement pumps

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    ex  84 14

    Industrial fans, blowers and the like

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8415

    Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8418

    Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air conditioning machines of heading No 8415

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    ex  84 19

    Machines for wood, paper pulp and paperboard industries

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8420

    Calendaring or other rolling machines, other than for metals or glass, and cylinders therefore

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8423

    Weighing machinery (excluding balances of a sensitivity of 5 cg or better), including weight operated counting or checking machines; weighing machine weights of all kinds

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8425 to

    8428

    Lifting, handling, loading or unloading machinery

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where, within the above limit, the materials classified within heading No 8431 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8429

    Self-propelled bulldozers, angle dozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and road rollers:

     
     

    –  Road rollers

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    –  Other

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where, within the above limit, the materials classified within heading No 8431 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8430

    Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; pile-drivers and pile-extractors; snow-ploughs and snow-blowers

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where, within the above limit, the value of the materials classified within heading No 8431 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex  84 31

    Parts suitable for use solely or principally with road rollers

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8439

    Machinery for making pulp of fibrous cellulosic material or for making or finishing paper or paperboard

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8441

    Other machinery for making up paper pulp, paper or paperboard, including cutting machines of all kinds

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8444 to

    8447

    Machines of these headings for use in the textile industry

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex  84 48

    Auxiliary machinery for use with machines of headings Nos 8444 and 8445

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8452

    Sewing machines, other than book-sewing machines of heading No 8440 ; furniture, bases and covers specially designed for sewing machines; sewing machine needles:

     
     

    –  Sewing machines (lock stitch only) with heads of a weight not exceeding 16 kg without motor or 17 kg with motor

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where the value of all the non-originating materials used in assembling the head (without motor) does not exceed the value of the originating materials used;

    — the thread tension, crochet and zigzag mechanisms used are already originating

     

    –  Other

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8456 to

    8466

    Machine-tools and machines and their parts and accessories of headings Nos 8456 to 8466

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8469 to

    8472

    Office machines (for example, typewriters, calculating machines, automatic data processing machines, duplicating machines, stapling machines)

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8480

    Moulding boxes for metal foundry; mould bases; moulding patterns; moulds for metal (other than ingot moulds), metal carbides, glass, mineral materials, rubber or plastics

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    8482

    Ball or roller bearings

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8484

    Gaskets and similar joints of metal sheeting combined with other material or of two or more layers of metal; sets or assortments of gaskets and similar joints, dissimilar in composition, put up in pouches, envelopes or similar packing's; mechanical seals

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8485

    Machinery parts, not containing electrical connectors, insulators, coils, contacts or other electrical features, not specified or included elsewhere in this Chapter

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex Chapter 85

    Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles; except for:

    Manufacture in which

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8501

    Electric motors and generators (excluding generating sets)

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where, within the above limit, the materials classified within heading No 8503 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8502

    Electric generating sets and rotary converters

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where, within the above limit, the materials classified within heading No 8501 or 8503 , taken together, are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex  85 04

    Power supply units for automatic data-processing machines

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex  85 18

    Microphones and stands therefore; loudspeakers, whether or not mounted in their enclosures; audio-frequency electric amplifiers; electric sound amplifier sets

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8519

    Turntables (record-decks), record-players, cassette- players and other sound reproducing apparatus, not incorporating a sound recording device

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8520

    Magnetic tape recorders and other sound recording apparatus, whether or not incorporating a sound reproducing device

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8521

    Video recording or reproducing apparatus, whether or not incorporating a video tuner

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8522

    Parts and accessories suitable for use solely or principally with the apparatus of heading Nos 8519 to 8521

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8523

    Prepared unrecorded media for sound recording or similar recording of other phenomena, other than products of Chapter 37

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8524

    Records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of Chapter 37:

     
     

    –  Matrices and masters for the production of records

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    –  Other

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where, within the above limit, the materials classified within heading No 8523 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8525

    Transmission apparatus for radio-telephony, radio-telegraphy, radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras and other video camera recorders

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8526

    Radar apparatus, radio navigational aid apparatus and radio remote control apparatus

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8527

    Reception apparatus for radio-telephony, radio-telegraphy or radio broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8528

    Reception apparatus for television, whether or not incorporating radio broadcast receivers or sound or video recording or reproducing apparatus; video monitors and video projectors

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8529

    Parts suitable for use solely or principally with the apparatus of heading Nos 8525 to 8528 :

     
     

    –  Suitable for use solely or principally with video recording or reproducing apparatus

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    –  Other

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8535 and

    8536

    Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where, within the above limit, the materials classified within heading No 8538 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8537

    Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading No 8535 or 8536 , for electric control or the distribution of electricity, including those incorporating instruments or apparatus of Chapter 90, and numerical control apparatus, other than switching apparatus of heading No 8517

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where, within the above limit, the materials classified within heading No 8538 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex  85 41

    Diodes, transistors and similar semi conductor devices, except wafers not yet cut into chips

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8542

    Electronic integrated circuits and micro assemblies

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where, within the above limit, the materials classified within heading No 8541 or 8542 , taken together, are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    8544

    Insulated (including enamelled or anodised) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8545

    Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8546

    Electrical insulators of any material

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8547

    Insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating materials apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly other than insulators of heading No 8546 ; electrical conduit tubing and joints therefore, of base metal lined with insulating material

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8548

    Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified or included elsewhere in this Chapter

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex Chapter 86

    Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds; except for:

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8608

    Railway or tramway track fixtures and fittings; mechanical (including electro-mechanical) signalling, safety or traffic control equipment for railways, tramways, roads, inland waterways, parking facilities, port installations or airfields; parts of the foregoing

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex Chapter 87

    Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof; except for:

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    8709

    Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms; parts of the foregoing vehicles

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8710

    Tanks and other armoured fighting vehicles, motorised, whether or not fitted with weapons, and parts of such vehicles

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8711

    Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars:

     
     

    –  With reciprocating internal combustion piston engine of a cylinder capacity:

     
     

    – –  Not exceeding 50 cc

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex- works price of the product;

    — where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 20 % of the ex-works price of the product

    – –  Exceeding 50 cc

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    –  Other

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex  87 12

    Bicycles without ball bearings

    Manufacture from materials not classified in heading No 8714

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8715

    Baby carriages and parts thereof

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    8716

    Trailers and semi trailers; other vehicles, not mechanically propelled; parts thereof

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex Chapter 88

    Aircraft, spacecraft, and parts thereof; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex  88 04

    Rotochutes

    Manufacture from materials of any heading including other materials of heading No 8804

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    8805

    Aircraft launching gear; deck-arrestor or similar gear; ground flying trainers; parts of the foregoing articles

    Manufacture in which all the materials used are classified within a heading other than that of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    Chapter 89

    Ships, boats and floating structures

    Manufacture in which all the materials used are classified within a heading other than that of the product. However, hulls of heading No 8906 may not be used

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex Chapter 90

    Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof; except for:

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9001

    Optical fibres and optical fibre bundles; optical fibre cables other than those of heading No 8544 ; sheets and plates of polarising material; lenses (including contact lenses), prisms, mirrors and other optical elements, of any material, unmounted, other than such elements of glass not optically worked

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9002

    Lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other than such elements of glass not optically worked

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9004

    Spectacles, goggles and the like, corrective, protective or other

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex  90 05

    Binoculars, monocular, other optical telescopes, and mountings therefore, except for astronomical refracting telescopes and mountings therefore

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex  90 06

    Photographic (other than cinematographic) cameras; photographic flashlight apparatus and flashbulbs other than electrically ignited flashbulbs

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9007

    Cinematographic cameras and projectors, whether or not incorporating sound recording or reproducing apparatus

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9011

    Compound optical microscopes, including those for photomicrography, cinephotomicrography or micro projection

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    ex  90 14

    Other navigational instruments and appliances

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9015

    Surveying (including photogram metrical surveying), hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9016

    Balances of a sensitivity of 5 cg or better, with or without weights

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9017

    Drawing, marking-out or mathematical calculating instruments (for example, drafting machines, pantographs, protractors, drawing sets, slide rules, disc calculators); instruments for measuring length, for use in the hand (for example, measuring rods and tapes, micrometers, callipers), not specified or included elsewhere in this Chapter

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9018

    Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments:

     
     

    –  Dentists' chairs incorporating dental appliances or dentists' spittoons

    Manufacture from materials of any heading, including other materials of heading No 9018

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    –  Other

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    9019

    Mechano-therapy appliances; massage apparatus; psychological aptitude-testing apparatus; ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    9020

    Other breathing appliances and gas masks, excluding protective masks having neither mechanical parts nor replaceable filters

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

    9024

    Machines and appliances for testing the hardness, strength, compressibility, elasticity or other mechanical properties of materials (for example, metals, wood, textiles, paper, plastics)

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9025

    Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9026

    Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading No 9014 , 9015 , 9028 or 9032

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9027

    Instruments and apparatus for physical or chemical analysis (for example, Polari meters, refract meters, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9028

    Gas, liquid or electricity supply or production meters, including calibrating meters therefore:

     
     

    –  Parts and accessories

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    –  Other

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9029

    Revolution counters, production counters, taximeters, mileometers, pedometers and the like; speed indicators and tachometers, other than those of heading Nos 9014 or 9015 ; stroboscopes

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9030

    Oscilloscopes, spectrum analysers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading No 9028 ; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionising radiations

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9031

    Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this Chapter; profile projectors

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9032

    Automatic regulating or controlling instruments and apparatus

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9033

    Parts and accessories (not specified or included elsewhere in this Chapter) for machines, appliances, instruments or apparatus of Chapter 90

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    ex Chapter 91

    Clocks and watches and parts thereof; except for:

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    9105

    Other clocks

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9109

    Clock movements, complete and assembled

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where the value of all the non-originating materials used does not exceed the value of the originating materials used

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9110

    Complete watch or clock movements, unassembled or partly assembled (movement sets); incomplete watch or clock movements, assembled; rough watch or clock movements

    Manufacture:

    — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

    — where, within the above limit, the materials classified within heading No 9114 are only used up to a value of 10 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9111

    Watch cases and parts thereof

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9112

    Clock cases and cases of a similar type for other goods of this Chapter, and parts thereof

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 40 % of the ex-works price of the product

    Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

    9113

    Watch straps, watch bands and watch bracelets, and parts thereof:

     
     

    –  Of base metal, whether or not gold- or silver-plated, or of metal clad with precious metal

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    –  Other

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    Chapter 92

    Musical instruments; parts and accessories of such articles

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

     

    Chapter 93

    Arms and ammunition; parts and accessories thereof

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex Chapter 94

    Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    ex  94 01 and

    ex  94 03

    Base metal furniture, incorporating unstuffed cotton cloth of a weight of 300 g/m2 or less

    Manufacture in which all the materials used are classified in a heading other than that of the product

    or

    Manufacture from cotton cloth already made up in a form ready for use of heading No 9401 or 9403 , provided:

    — its value does not exceed 25 % of the ex-works price of the product;

    — all the other materials used are already originating and are classified in a heading other than heading No 9401 or 9403

    Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

    9405

    Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    9406

    Prefabricated buildings

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex Chapter 95

    Toys, games and sports requisites; parts and accessories thereof; except for:

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    9503

    Other toys; reduced-size (‘scale’) models and similar recreational models, working or not; puzzles of all kinds

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex  95 06

    Golf clubs and parts thereof

    Manufacture in which all the materials used is classified within a heading other than that of the product. However, roughly shaped blocks for making golf club heads may be used

     

    ex Chapter 96

    Miscellaneous manufactured articles; except for:

    Manufacture in which all the materials used is classified within a heading other than that of the product

     

    ex  96 01 and

    ex  96 02

    Articles of animal, vegetable or mineral carving materials

    Manufacture from ‘worked’ carving materials of the same heading

     

    ex  96 03

    Brooms and brushes (except for besoms and the like and brushes made from marten or squirrel hair), hand-operated mechanical floor sweepers, not motorised, paint pads and rollers, squeegees and mops

    Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    9605

    Travel sets for personal toilet, sewing or shoe or clothes cleaning

    Each item in the set must satisfy the rule, which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided their total value does not exceed 15 % of the ex-works price of the set

     

    9606

    Buttons, press-fasteners, snap-fasteners and press-studs, button moulds and other parts of these articles; button blanks

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    9608

    Ball-points pens; felt-tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating stylos; propelling or sliding pencils; penholders, pencil-holders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading No 9609

    Manufacture in which all the materials used are classified within a heading other than that of the product.

    However, nibs or nib-points classified within the same heading may be used

     

    9612

    Typewriter or similar ribbons, inked or otherwise prepared for giving impressions, whether or not on spools or in cartridges; ink-pads, whether or not inked, with or without boxes

    Manufacture in which:

    — all the materials used are classified within a heading other than that of the product;

    — the value of all the materials used does not exceed 50 % of the ex-works price of the product

     

    ex  96 13

    Lighters with piezo-igniter

    Manufacture in which the value of all the materials of heading No 9613 used does not exceed 30 % of the ex-works price of the product

     

    ex  96 14

    Smoking pipes and pipe bowls

    Manufacture from roughly shaped blocks

     

    Chapter 97

    Works of art, collectors' pieces and antiques

    Manufacture in which all the materials used are classified within a heading other than that of the product

     

    (1)   The exception concerning the Zea indurata maize is applicable until 31.12.2002.

    (2)   For the special conditions relating to ‘specific processes’ see Introductory Notes 7.1 and 7.3.

    (3)   For the special conditions relating to ‘specific processes’ see Introductory Note 7.2.

    (4)   Note 3 to Chapter 32 says that these preparations are those of a kind used for colouring any material or used as ingredients in the manufacturing of colouring preparations, provided they are not classified in another heading in Chapter 32.

    (5)   A ‘group’ is regarded as any part of the heading separated from the rest by a semi colon.

    (6)   In the case of the products composed of materials classified within both heading Nos 3901 to 3906 , on the one hand, and within heading Nos 3907 to 3911 , on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.

    (7)   The following foils shall be considered as highly transparent: foils, the optical dimming of which - measured according to ASTM-D 1003-16 by Gardner Hazemeter (i.e. Hazefactor) - is less than 2 percent.

    (8)   For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

    (9)   See Introductory Note 6.

    (10)   For knitted or crocheted articles, not elastic or rubberized, obtained by sewing or assembly pieces of knitted or crocheted fabrics (cut out or knitted directly to shape), see Introductory Note 6.

    (11)   SEMII-Semiconductor Equipment and Materials Institute Incorporated

    (12)   This rule shall apply until 31 December 2005.




    Appendix 2A

    Derogations from the list of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status, accordingly to Article 4 of this Annex

    The products mentioned in the list may not all be covered by the Regulation. It is therefore necessary to consult the other parts of the Regulation.

    Common provisions

    1. For the products described in the table below, the following rules may also apply instead of the rules set out in Appendix 2.

    2. A proof of origin issued or made out pursuant to this Appendix shall contain the following statement in English: ‘Derogation – Appendix 2A of Annex II of Council Regulation (EC) No 1528/2007 – Materials of HS heading No … originating from … used.’ These statements shall be contained in box 7 of movement certificates EUR.1 referred to in Article 17 of Annex II of Council Regulation (EC) No 1528/2007, or shall be added to the invoice declaration referred to in Articles 14 and 19 of Annex II of Council Regulation (EC) No 1528/2007.

    3. The ACP States and the Member States shall take the measures necessary on their part to implement this Appendix.



    HS heading

    Description of product

    Working or processing, carried out on non-originating materials, which confers originating status

    ex Chapter 4

    Dairy produce,

    –  with a content of materials of Chapter 17 not more than 20 % by weight

    Manufacture in which all the materials of Chapter 4 used 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.

    ex Chapter 8

    Edible fruit and nuts; peel of citrus fruits or melons,

    –  with a content of materials of Chapter 17 not more than 20 % by weight

    Manufacture in which all the materials of Chapter 8 used are wholly obtained,

    1101

    Wheat or meslin flour

    Manufacture from materials of any heading except that of the product

    Chapter 12

    Oil seed, oleaginous fruits; miscellaneous grain, seed, fruit; industrial or medical plants; straw and fodder

    Manufacture from materials of any heading except that of the product

    1301

    Lac; natural gums, resins, gum-resins and oleoresins (for example, balsams)

    Manufacture in which the value of all the materials of heading 1301 used does not exceed 60 % of the ex-works price of the product

    ex  13 02

    Vegetable saps and extracts; pectics substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:

    –  other than mucilages and thickeners, modified, derived from vegetable products

    Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product

    ex  15 06

    Other animal fats and oils and their fractions, whether or not refined, but not chemically modified;

    –  other than solid fractions

    Manufacture from materials of any heading except that of the product

    ex  15 07 to

    ex  15 15

    Vegetable oils and their fractions:

     

    –  Soya, ground nut, palm, copra, palm kernel, babassu, tung and oiticica oil, myrtle wax and Japan wax, fractions of jojoba oil and oils for technical or industrial uses other than the manufacture of foodstuffs for human consumption

    Manufacture from materials of any subheading except that of the product

    –  other than olive oils under headings 1509 and 1510

    Manufacture from materials of any heading except that of the product

    ex  15 16

    Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared:

    –  fats and oils and their fractions of hydrogenated castor oil, so called ‘opal wax’

    Manufacture from materials classified in a heading other than that of the product

    ex Chapter 18

    Cocoa and cocoa preparations,

    –  with a content of materials of Chapter 17 not more than 20 % by weight

    Manufacture from materials of any heading, except that of the product

    ex  19 01

    Food preparations of flour, groats, meal, starch or malt extract, not containing cocoa in more than 40 % by weight calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of heading 0401 to 0404 , not containing cocoa in more than 5 % by weight calculated on a totally defatted basis, not elsewhere specified or included.

    –  with a content of materials of Chapter 17 not more than 20 % by weight

    Manufacture from materials of any heading, except that of the product

    1902

    Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared

     

    –  containing 20 % or less by weight of meat, meat offal, fish, crustaceans or molluscs

    Manufacture in which all the products of Chapter 11 used are originating

    –  containing more than 20 % by weight of meat, meat offal, fish, crustaceans or molluscs

    Manufacture in which:

    –  all the products of Chapter 11 used are originating,

    –  all the materials of Chapters 2 and 3 used are wholly obtained

    1903

    Tapioca and substitutes thereof prepared from starch, in the form of flakes, grains, pearls, sifting or similar forms:

    –  with a content of materials of heading 1108.13 (potato starch) not more than 20 % by weight

    Manufacture from materials of any heading, except that of the product

    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:

    –  with a content of materials of Chapter 17 not more than 20 % by weight

    Manufacture:

    –  from materials of any heading, except those of heading 1806 ,

    –  in which all the products of Chapter 11 used are originating

    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 in which all the products of Chapter 11 used are originating

    ex Chapter 20

    Preparations of vegetables, fruit, nuts or other parts of plants:

    –  from materials other than those of subheading 0711 51

    –  from materials other than of headings 2002 , 2003 , 2008 and 2009

    –  with a content of materials of Chapter 17 not more than 20 % by weight

    Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product

    ex Chapter 21

    Miscellaneous edible preparations:

    –  with a content of materials of Chapters 4 and 17 not more than 20 % by weight

    Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product

    ex Chapter 23

    Residues and waste from the food industries; prepared animal fodder:

    –  with a content of maize or materials of Chapters 2, 4 and 17 not more than 20 % by weight

    Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product




    Appendix 3

    Form for movement certificate

    1. Movement certificates EUR.1 shall be made out on the form of which a specimen appears in this Appendix. This form shall be printed in one or more of the languages in which the Regulation is drawn up. Certificates shall be made out in one of these languages and in accordance with the provisions of the domestic law of the exporting State if they are handwritten, they shall be completed in ink and in capital letters.

    2. Each certificate shall measure 210 × 297mm, a tolerance of up to plus 8mm or minus 5 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.

    3. The exporting States may reserve the right to print the certificates themselves or may have them printed by approved printers. In the latter case each certificate must include a reference to such approval. Each certificate 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.

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    Appendix 4

    Invoice declaration

    The invoice declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

    Bulgarian version

    Износителят на продуктите, обхванати от този документ (митническо разрешение № … ( 21 )) декларира, че освен кьдето е отбелязано друго, тези продукти са с … преференциален произход ( 22 ).

    Spanish version

    El exportador de los productos incluidos en el presente documento (autorización aduanera no … (22) ) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial … (22) .

    Czech version

    Vývozce výrobků uvedených v tomto dokumentu (číslo povolení … (22) ) prohlašuje, že kromě zřetelně označených mají tyto výrobky preferenční původ v … (22) .

    Danish version

    Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. … (22) ), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i … (22) .

    German version

    Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. … (22) ) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte … (22)  Ursprungswaren sind.

    Estonian version

    Käesoleva dokumendiga hõlmatud toodete eksportija (tolli kinnitus nr … (22) ) deklareerib, et need tooted on … (22)  sooduspäritoluga, välja arvatud juhul, kui on selgelt näidatud teisiti.

    Greek version

    Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ'αριθ. … (22) ) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (22) .

    English version

    The exporter of the products covered by this document (customs authorisation No … (22) ) declares that, except where otherwise clearly indicated, these products are of … (22)  preferential origin.

    French version

    L'exportateur des produits couverts par le présent document (autorisation douanière no … (22) ) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle … (22) .

    ▼M2

    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.

    ▼B

    Italian version

    L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. … (22) ) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale … (22) .

    Latvian version

    To produktu eksportētājs, kuri ietverti šajā dokumentā (muitas atļauja Nr. … (22) ), deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir preferenciāla izcelsme no … (22) .

    Lithuanian version

    Šiame dokumente išvardintų prekių eksportuotojas (muitinės liudijimo Nr. … (22) ) deklaruoja, kad, jeigu kitaip aiškiai nenurodyta, tai yra … (22)  preferencinės kilmės prekės.

    Hungarian version

    A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: … (22) ) kijelentem, hogy eltérő egyértelmű jelzés hianyában az áruk preferenciális … (22)  származásúak.

    Maltese version

    L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni tad-dwana Nru … (22) ) jiddikjara li, ħlief fejn indikat b'mod ċar li mhux hekk, dawn il-prodotti huma ta' oriġini preferenzjali … (22) .

    Dutch version

    De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. … (22) ), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële … oorsprong zijn (22) .

    Polish version

    Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr … (22) ) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają … (22)  preferencyjne pochodzenie.

    Portuguese version

    O exportador dos produtos cobertos pelo presente documento (autorização aduaneira n.o … (22) ), declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial … (22) .

    Romanian version

    Exportatorul produselor ce fac obiectul acestui document (autorizația vamală nr. … (22) ) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferențială … (22) .

    Slovenian version

    Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št. … (22) ) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno … (22)  poreklo.

    Slovak version

    Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia … (22) ) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v … (22) .

    Finnish version

    Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa N:o … (22) ) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja … alkuperätuotteita (22) .

    Swedish version

    Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr … (22) ) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande … ursprung (22) .

    … ( 23 )

    (Place and date)

    … ( 24 )

    (Signature of the exporter; in addition the name of the person signing the declaration has to be indicated in clear script)




    Appendix 5A

    Supplier declaration for products having preferential origin status

    I, the undersigned, declare that the goods listed on this invoice … ( 25 )

    were produced in … ( 26 ) and satisfy the rules of origin governing preferential trade between the ACP States and the European Community.

    I undertake to make available to the customs authorities, if required, evidence in support of this declaration.

    … ( 27 ) … ( 28 )

    … ( 29 )

    Note

    The abovementioned text, suitably completed in conformity with the footnotes below, constitutes a supplier's declaration. The footnotes do not have to be reproduced.




    Appendix 5B

    Supplier declaration for products not having preferential original status

    I, the undersigned, declare that the goods listed on this invoice … ( 30 ) were produced in … ( 31 ) and incorporate the following components or materials which do not have ACP, OCT or Community origin for preferential trade:

    … ( 32 ) … ( 33 ) … ( 34 )

    … ( 35 )

    I undertake to make available to the customs authorities, if required, evidence in support of this declaration.

    … ( 36 ) … ( 37 )

    … ( 38 )

    Note

    The abovementioned text, suitably completed in conformity with the footnotes below, constitutes a supplier's declaration. The footnotes do not have to be reproduced.




    Appendix 6

    Information Certificate

    1. The form of information certificate given in this Appendix shall be used and be printed in one or more of the official languages in which the Regulation is drawn up and in accordance with the provisions of the domestic law of the exporting State. Information certificates shall be completed in one of those languages; if they are handwritten, they shall be completed in ink in capital letters. They shall bear a serial number, whether or not printed, by which they can be identified.

    2. The information certificate shall measure 210 × 297 mm, a tolerance of up to plus 8mm or minus 5 mm in the length may be allowed. The paper must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2.

    3. The national administrators may reserve the right to print the forms themselves or may have them printed by printers approved by them. In the latter case, each form must include a reference to such approval. The forms shall bear the name and address of the printer or a mark by which the printer can be identified.

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    Appendix 7

    Products to which Article 6(5) of this Annex shall not be applicable

    Industrial Products (1)

    CN code 96

    Motor cars and other motor vehicles

    87031010

    87031090

    87032110

    87032190

    87032211

    87032219

    87032290

    87032311

    87032319

    87032390

    87032410

    87032490

    87033110

    87033190

    87033211

    87033219

    87033290

    87033311

    87033319

    87033390

    87039010

    87039090

    Chassis fitted with engines

    87060011

    87060019

    87060091

    87060099

    Bodies (including cabs), for the motor vehicles

    87071010

    87071090

    87079010

    87079090

    Parts and accessories of the motor vehicles

    87081010

    87081090

    87082110

    87082190

    87082910

    87082990

    87083110

    87083191

    87083199

    87083910

    87083990

    87084010

    87084090

    87085010

    87085090

    87086010

    87086091

    87086099

    87087010

    87087050

    87087091

    87087099

    87088010

    87088090

    87089110

    87089190

    87089210

    87089290

    87089310

    87089390

    87089410

    87089490

    87089910

    87089930

    87089950

    87089992

    87089998

    Industrial Products (2)

    Unwrought aluminium

    76011000

    76012010

    76012091

    76012099

    Aluminium powders and flakes

    76031000

    76032000

    Agricultural Products (1)

    Live horses, asses, mules and hinnies

    01012010

    Milk and cream, not concentrated

    04011010

    04011090

    04012011

    04012019

    04012091

    04012099

    04013011

    04013019

    04013031

    04013039

    04013091

    04013099

    Buttermilk, curdled milk and cream, yogurt, kephir

    04031011

    04031013

    04031019

    04031031

    04031033

    04031039

    Potatoes, fresh or chilled

    07019051

    Leguminous vegetables, shelled or unshelled, fresh or chilled

    07081020

    07081095

    Other vegetables, fresh or chilled

    07095190

    07096010

    Vegetables (uncooked or cooked by steaming or boiled)

    07108095

    Vegetables provisionally preserved

    07111000

    07113000

    07119060

    07119070

    Dates, figs, pineapples, avocados, guavas, mangoes

    08042090

    08043000

    08044020

    08044090

    08044095

    Grapes, fresh or dried

    08061029 (3) (12)

    08062011

    08062012

    08062018

    Melons (including watermelons) and papaws (papayas)

    08071100

    08071900

    Apricots, cherries, peaches (including nectarines)

    08093011 (5) (12)

    08093051 (6) (12)

    Other fruit, fresh

    08109040

    08109085

    Fruit and nuts, provisionally preserved

    08121000

    08122000

    08129050

    08129060

    08129070

    08129095

    Fruit, dried

    08134010

    08135015

    08135019

    08135039

    08135091

    08135099

    Pepper of the genus Piper; dried or crushed

    09042010

    Soya-bean oil and its fractions

    15071010

    15071090

    15079010

    15079090

    Sunflower-seed, safflower or cotton-seed oil

    15121110

    15121191

    15121199

    15121910

    15121991

    15121999

    15122110

    15122190

    15122910

    15122990

    Rape, colza or mustard oil and fractions thereof

    15141010

    15141090

    15149010

    15149090

    Fruit, nuts and other edible parts of plants

    20081959

    Fruit juices (including grape must)

    20092099

    20094099

    20098099

    Unmanufactured tobacco; tobacco refuse

    24011010

    24011020

    24011041

    24011049

    24011060

    24012010

    24012020

    24012041

    24012060

    24012070

    Agricultural Products (2)

    Cut flowers and flower buds

    06031055

    06031061

    06031069 (11)

    Onions, shallots, garlic, leeks

    07031011

    07031019

    07031090

    07039000

    Cabbages, cauliflowers, kohlrabi, kale and similar

    07041005

    07041010

    07041080

    07042000

    07049010

    07049090

    Lettuce (Lactuca sativa) and chicory

    07051105

    07051110

    07051180

    07051900

    07052100

    07052900

    Carrots, turnips, salad beetroot, salsify, celeriac

    07061000

    07069005

    07069011

    07069017

    07069030

    07069090

    Leguminous vegetables, shelled or unshelled, fresh or chilled

    07081090

    07082020

    07082090

    07082095

    07089000

    Other vegetables, fresh or chilled

    07091030 (12)

    07093000

    07094000

    07095110

    07095150

    07097000

    07099010

    07099020

    07099040

    07099050

    07099090

    Vegetables (uncooked or cooked by steaming or boiled)

    07101000

    07102100

    07102200

    07102900

    07103000

    07108010

    07108051

    07108061

    07108069

    07108070

    07108080

    07108085

    07109000

    Vegetables provisionally preserved

    07112010

    07114000

    07119040

    07119090

    Dried vegetables, whole, cut, sliced, broken

    07122000

    07123000

    07129030

    07129050

    07129090

    Manioc, arrowroot, salep, Jerusalem artichokes

    07149011

    07149019

    Other nuts, fresh or dried, whether or not shelled

    08021190

    08022100

    08022200

    08024000

    Bananas, including plantains, fresh or dried

    08030011

    08030090

    Dates, figs, pineapples, avocados, guavas, mangoes

    08042010

    Citrus fruit, fresh or dried

    08052021 (1) (12)

    08052023 (1) (12)

    08052025 (1) (12)

    08052027 (1) (12)

    08052029 (1) (12)

    08053090

    08059000

    Grapes, fresh or dried

    08061095

    08061097

    Apples, pears and quinces, fresh

    08081010 (12)

    08082010 (12)

    08082090

    Apricots, cherries, peaches (including nectarines)

    08091010 (12)

    08091050 (12)

    08092019 (12)

    08092029 (12)

    08093011 (7) (12)

    08093019 (12)

    08093051 (8) (12)

    08093059 (12)

    08094040 (12)

    Other fruit, fresh

    08101005

    08102090

    08103010

    08103030

    08103090

    08104090

    08105000

    Fruit and nuts, uncooked or cooked by steaming

    08112011

    08112031

    08112039

    08112059

    08119011

    08119019

    08119039

    08119075

    08119080

    08119095

    Fruit and nuts, provisionally preserved

    08129010

    08129020

    Fruit, dried

    08132000

    Wheat and meslin

    10019010

    Buckwheat, millet and canary seed; other cereals

    10081000

    10082000

    10089090

    Flour, meal, powder, flakes, granules and pellets

    11051000

    11052000

    Flour, meal and powder of the dried leguminous vegetables

    11061000

    11063010

    11063090

    Fats and oils and their fractions, of fish

    15043011

    Other prepared or preserved meat, meat offal

    16022011

    16022019

    16023111

    16023119

    16023130

    16023190

    16023219

    16023230

    16023290

    16023929

    16023940

    16023980

    16024190

    16024290

    16029031

    16029072

    16029076

    Vegetables, fruit, nuts and other edible parts

    20011000

    20012000

    20019050

    20019065

    20019096

    Mushrooms and truffles, prepared or preserved

    20031020

    20031030

    20031080

    20032000

    Other vegetables prepared or preserved otherwise

    20041010

    20041099

    20049050

    20049091

    20049098

    Other vegetables prepared or preserved otherwise

    20051000

    20052020

    20052080

    20054000

    20055100

    20055900

    Vegetables, fruit, nuts, fruit-peel

    20060031

    20060035

    20060038

    20060099

    Jams, fruit jellies, marmalades, fruit or nut puree

    20071091

    20079993

    Fruit, nuts and other edible parts of plants

    20081194

    20081198

    20081919

    20081995

    20081999

    20082051

    20082059

    20082071

    20082079

    20082091

    20082099

    20083011

    20083039

    20083051

    20083059

    20084011

    20084021

    20084029

    20084039

    20086011

    20086031

    20086039

    20086059

    20086069

    20086079

    20086099

    20087011

    20087031

    20087039

    20087059

    20088011

    20088031

    20088039

    20088050

    20088070

    20088091

    20088099

    20089923

    20089925

    20089926

    20089928

    20089936

    20089945

    20089946

    20089949

    20089953

    20089955

    20089961

    20089962

    20089968

    20089972

    20089974

    20089979

    20089999

    Fruit juices (including grape must)

    20091119

    20091191

    20091919

    20091991

    20091999

    20092019

    20092091

    20093019

    20093031

    20093039

    20093051

    20093055

    20093091

    20093095

    20093099

    20094019

    20094091

    20098019

    20098050

    20098061

    20098063

    20098073

    20098079

    20098083

    20098084

    20098086

    20098097

    20099019

    20099029

    20099039

    20099041

    20099051

    20099059

    20099073

    20099079

    20099092

    20099094

    20099095

    20099096

    20099097

    20099098

    Other fermented beverages (for example, cider)

    22060010

    Wine lees; argol

    23070019

    Vegetable materials and vegetable waste

    23089019

    Agricultural Products (3)

    Live swine

    01039110

    01039211

    01039219

    Live sheep and goats

    01041030

    01041080

    01042090

    Live poultry, that is to say, fowls of the species

    01051111

    01051119

    01051191

    01051199

    01051200

    01051920

    01051990

    01059200

    01059300

    01059910

    01059920

    01059930

    01059950

    Meat of swine, fresh, chilled or frozen

    02031110

    02031211

    02031219

    02031911

    02031913

    02031915

    02031955

    02031959

    02032110

    02032211

    02032219

    02032911

    02032913

    02032915

    02032955

    02032959

    Meat of sheep or goats, fresh, chilled or frozen

    02041000

    02042100

    02042210

    02042230

    02042250

    02042290

    02042300

    02043000

    02044100

    02044210

    02044230

    02044250

    02044290

    02044310

    02044390

    02045011

    02045013

    02045015

    02045019

    02045031

    02045039

    02045051

    02045053

    02045055

    02045059

    02045071

    02045079

    Meat and edible offal

    02071110

    02071130

    02071190

    02071210

    02071290

    02071310

    02071320

    02071330

    02071340

    02071350

    02071360

    02071370

    02071399

    02071410

    02071420

    02071430

    02071440

    02071450

    02071460

    02071470

    02071499

    02072410

    02072490

    02072510

    02072590

    02072610

    02072620

    02072630

    02072640

    02072650

    02072660

    02072670

    02072680

    02072699

    02072710

    02072720

    02072730

    02072740

    02072750

    02072760

    02072770

    02072780

    02072799

    02073211

    02073215

    02073219

    02073251

    02073259

    02073290

    02073311

    02073319

    02073351

    02073359

    02073390

    02073511

    02073515

    02073521

    02073523

    02073525

    02073531

    02073541

    02073551

    02073553

    02073561

    02073563

    02073571

    02073579

    02073599

    02073611

    02073615

    02073621

    02073623

    02073625

    02073631

    02073641

    02073651

    02073653

    02073661

    02073663

    02073671

    02073679

    02073690

    Pig fat, free of lean meat, and poultry fat

    02090011

    02090019

    02090030

    02090090

    Meat and edible meat offal, salted, in brine

    02101111

    02101119

    02101131

    02101139

    02101190

    02101211

    02101219

    02101290

    02101910

    02101920

    02101930

    02101940

    02101951

    02101959

    02101960

    02101970

    02101981

    02101989

    02101990

    02109011

    02109019

    02109021

    02109029

    02109031

    02109039

    Milk and cream, concentrated

    04029111

    04029119

    04029131

    04029139

    04029151

    04029159

    04029191

    04029199

    04029911

    04029919

    04029931

    04029939

    04029991

    04029999

    Buttermilk, curdled milk and cream, yogurt, kephir

    04039051

    04039053

    04039059

    04039061

    04039063

    04039069

    Whey, whether or not concentrated

    04041048

    04041052

    04041054

    04041056

    04041058

    04041062

    04041072

    04041074

    04041076

    04041078

    04041082

    04041084

    Cheese and curd

    04061020 (11)

    04061080 (11)

    04062090 (11)

    04063010 (11)

    04063031 (11)

    04063039 (11)

    04063090 (11)

    04064090 (11)

    04069001 (11)

    04069021 (11)

    04069050 (11)

    04069069 (11)

    04069078 (11)

    04069086 (11)

    04069087 (11)

    04069088 (11)

    04069093 (11)

    04069099 (11)

    Birds' eggs, in shell, fresh, preserved or cooked

    04070011

    04070019

    04070030

    Birds' eggs, not in shell, and egg yolks, fresh

    04081180

    04081981

    04081989

    04089180

    04089980

    Natural honey

    04090000

    Tomatoes, fresh or chilled

    07020015 (12)

    07020020 (12)

    07020025 (12)

    07020030 (12)

    07020035 (12)

    07020040 (12)

    07020045 (12)

    07020050 (12)

    Cucumbers and gherkins, fresh or chilled

    07070010 (12)

    07070015 (12)

    07070020 (12)

    07070025 (12)

    07070030 (12)

    07070035 (12)

    07070040 (12)

    07070090

    Other vegetables, fresh or chilled

    07091010 (12)

    07091020 (12)

    07092000

    07099039

    07099075 (12)

    07099077 (12)

    07099079 (12)

    Vegetables provisionally preserved

    07112090

    Dried vegetables, whole, cut, sliced, broken

    07129019

    Manioc, arrowroot, salep, Jerusalem artichokes

    07141010

    07141091

    07141099

    07142090

    Citrus fruit, fresh or dried

    08051037 (2) (12)

    08051038 (2) (12)

    08051039 (2) (12)

    08051042 (2) (12)

    08051046 (2) (12)

    08051082

    08051084

    08051086

    08052011 (12)

    08052013 (12)

    08052015 (12)

    08052017 (12)

    08052019 (12)

    08052021 (10) (12)

    08052023 (10) (12)

    08052025 (10) (12)

    08052027 (10) (12)

    08052029 (10) (12)

    08052031 (12)

    08052033 (12)

    08052035 (12)

    08052037 (12)

    08052039 (12)

    Grapes, fresh or dried

    08061021 (12)

    08061029 (4) (12)

    08061030 (12)

    08061050 (12)

    08061061 (12)

    08061069 (12)

    08061093

    Apricots, cherries, peaches (including nectarines)

    08091020 (12)

    08091030 (12)

    08091040 (12)

    08092011 (12)

    08092021 (12)

    08092031 (12)

    08092039 (12)

    08092041 (12)

    08092049 (12)

    08092051 (12)

    08092059 (12)

    08092061 (12)

    08092069 (12)

    08092071 (12)

    08092079 (12)

    08093021 (12)

    08093029 (12)

    08093031 (12)

    08093039 (12)

    08093041 (12)

    08093049 (12)

    08094020 (12)

    08094030 (12)

    Other fruit, fresh

    08101010

    08101080

    08102010

    Fruit and nuts, uncooked or cooked by steaming

    08111011

    08111019

    Wheat and meslin

    10011000

    10019091

    10019099

    Rye

    10020000

    Barley

    10030010

    10030090

    Oats

    10040000

    Buckwheat, millet and canary seed; other cereals

    10089010

    Wheat or meslin flour

    11010011

    11010015

    11010090

    Cereal flours other than of wheat or meslin

    11021000

    11029010

    11029030

    11029090

    Cereal groats, meal and pellets

    11031110

    11031190

    11031200

    11031910

    11031930

    11031990

    11032100

    11032910

    11032920

    11032930

    11032990

    Cereal grains otherwise worked

    11041110

    11041190

    11041210

    11041290

    11041910

    11041930

    11041999

    11042110

    11042130

    11042150

    11042190

    11042199

    11042220

    11042230

    11042250

    11042290

    11042292

    11042299

    11042911

    11042915

    11042919

    11042931

    11042935

    11042939

    11042951

    11042955

    11042959

    11042981

    11042985

    11042989

    11043010

    Flour, meal and powder of the dried leguminous vegetables

    11062010

    11062090

    Malt, whether or not roasted

    11071011

    11071019

    11071091

    11071099

    11072000

    Locust beans, seaweeds and other algae, sugar beet

    12129120

    12129180

    Pig fat (including lard) and poultry fat

    15010019

    Olive oil and its fractions, whether or not refined

    15091010

    15091090

    15099000

    Other oils and their fractions

    15100010

    15100090

    Degras

    15220031

    15220039

    Sausages and similar products, of meat, meat offal

    16010091

    16010099

    Other prepared or preserved meat, meat offal

    16021000

    16022090

    16023211

    16023921

    16024110

    16024210

    16024911

    16024913

    16024915

    16024919

    16024930

    16024950

    16024990

    16025031

    16025039

    16025080

    16029010

    16029041

    16029051

    16029069

    16029074

    16029078

    16029098

    Other sugars, including chemically pure lactose

    17021100

    17021900

    Pasta, whether or not cooked or stuffed

    19022030

    Jams, fruit jellies, marmalades, fruit or nut puree

    20071099

    20079190

    20079991

    20079998

    Fruit, nuts and other edible parts of plants

    20082011

    20082031

    20083019

    20083031

    20083079

    20083091

    20083099

    20084019

    20084031

    20085011

    20085019

    20085031

    20085039

    20085051

    20085059

    20086019

    20086051

    20086061

    20086071

    20086091

    20087019

    20087051

    20088019

    20089216

    20089218

    20089921

    20089932

    20089933

    20089934

    20089937

    20089943

    Fruit juices (including grape must)

    20091111

    20091911

    20092011

    20093011

    20093059

    20094011

    20095010

    20095090

    20098011

    20098032

    20098033

    20098035

    20099011

    20099021

    20099031

    Food preparations not elsewhere specified

    21069051

    Wine of fresh grapes, including fortified wines

    22041019 (11)

    22041099 (11)

    22042110

    22042181

    22042182

    22042198

    22042199

    22042910

    22042958

    22042975

    22042998

    22042999

    22043010

    22043092 (12)

    22043094 (12)

    22043096 (12)

    22043098 (12)

    Undenatured ethyl alcohol

    22082040

    Bran, sharps and other residues

    23023010

    23023090

    23024010

    23024090

    Oil-cake and other solid residues

    23069019

    Preparations of a kind used in animal feeding

    23091013

    23091015

    23091019

    23091033

    23091039

    23091051

    23091053

    23091059

    23091070

    23099033

    23099035

    23099039

    23099043

    23099049

    23099051

    23099053

    23099059

    23099070

    Albumins

    35021190

    35021990

    35022091

    35022099

    Agricultural Products (4)

    Buttermilk, curdled milk and cream, yogurt, kephir

    04031051

    04031053

    04031059

    04031091

    04031093

    04031099

    04039071

    04039073

    04039079

    04039091

    04039093

    04039099

    Butter and other fats and oils derived from milk

    04052010

    04052030

    Vegetable saps and extracts; pectic substances

    13022010

    13022090

    Margarine

    15171010

    15179010

    Other sugars, including chemically pure lactose

    17025000

    17029010

    Sugar confectionery (including white chocolate)

    17041011

    17041019

    17041091

    17041099

    17049010

    17049030

    17049051

    17049055

    17049061

    17049065

    17049071

    17049075

    17049081

    17049099

    Chocolate and other food preparations

    18061015

    18061020

    18061030

    18061090

    18062010

    18062030

    18062050

    18062070

    18062080

    18062095

    18063100

    18063210

    18063290

    18069011

    18069019

    18069031

    18069039

    18069050

    18069060

    18069070

    18069090

    Malt extract; food preparations of flour, meal

    19011000

    19012000

    19019011

    19019019

    19019099

    Pasta, whether or not cooked or stuffed

    19021100

    19021910

    19021990

    19022091

    19022099

    19023010

    19023090

    19024010

    19024090

    Tapioca and substitutes

    19030000

    Prepared foods

    19041010

    19041030

    19041090

    19042010

    19042091

    19042095

    19042099

    19049010

    19049090

    Bread, pastry, cakes, biscuits

    19051000

    19052010

    19052030

    19052090

    19053011

    19053019

    19053030

    19053051

    19053059

    19053091

    19053099

    19054010

    19054090

    19059010

    19059020

    19059030

    19059040

    19059045

    19059055

    19059060

    19059090

    Vegetables, fruit, nuts

    20019040

    Other vegetables

    20041091

    Other vegetables

    20052010

    Fruit, nuts and other edible parts of plants

    20089985

    20089991

    Fruit juices (including grape must)

    20098069

    Extracts, essences and concentrates, of coffee

    21011111

    21011119

    21011292

    21011298

    21012098

    21013011

    21013019

    21013091

    21013099

    Yeasts (active or inactive)

    21021010

    21021031

    21021039

    21021090

    21022011

    Sauces and preparations therefore; mixed condiments

    21032000

    Ice cream and other edible ice

    21050010

    21050091

    21050099

    Food preparations not elsewhere specified or included

    21061020

    21061080

    21069010

    21069020

    21069098

    Waters, including mineral waters and aerated water

    22029091

    22029095

    22029099

    Vinegar and substitutes for vinegar

    22090011

    22090019

    22090091

    22090099

    Acyclic alcohols and their halogenated derivatives

    29054300

    29054411

    29054419

    29054491

    29054499

    29054500

    Mixtures of odoriferous substances and mixtures

    33021010

    33021021

    33021029

    Finishing agents, dye carriers

    38091010

    38091030

    38091050

    38091090

    Prepared binders for foundry moulds or cores

    38246011

    38246019

    38246091

    38246099

    Agricultural Products (5)

    Cut flowers and flower buds

    06031015 (11)

    06031029 (11)

    06031051 (11)

    06031065 (11)

    06039000 (11)

    Fruit and nuts, uncooked or cooked by steaming

    08111090 (11)

    Fruit, nuts and other edible parts of plants

    20084051 (11)

    20084059 (11)

    20084071 (11)

    20084079 (11)

    20084091 (11)

    20084099 (11)

    20085061 (11)

    20085069 (11)

    20085071 (11)

    20085079 (11)

    20085092 (11)

    20085094 (11)

    20085099 (11)

    20087061 (11)

    20087069 (11)

    20087071 (11)

    20087079 (11)

    20087092 (11)

    20087094 (11)

    20087099 (11)

    20089259 (11)

    20089272 (11)

    20089274 (11)

    20089278 (11)

    20089298 (11)

    Fruit juices (including grape must)

    20091199 (11)

    20094030 (11)

    20097011 (11)

    20097019 (11)

    20097030 (11)

    20097091 (11)

    20097093 (11)

    20097099 (11)

    Wine of fresh grapes, including fortified wines

    22042179 (11)

    22042180 (11)

    22042183 (11)

    22042184 (11)

    Agricultural Products (6)

    Live bovine animals

    01029005

    01029021

    01029029

    01029041

    01029049

    01029051

    01029059

    01029061

    01029069

    01029071

    01029079

    Meat of bovine animals, fresh or chilled:

    02011000

    02012020

    02012030

    02012050

    02012090

    02013000

    Meat of bovine animals, frozen

    02021000

    02022010

    02022030

    02022050

    02022090

    02023010

    02023050

    02023090

    Edible offal of bovine animals, swine, sheep, goats

    02061095

    02062991

    02062999

    Meat and edible meat offal, salted, in brine

    02102010

    02102090

    02109041

    02109049

    02109090

    Milk and cream, concentrated

    04021011

    04021019

    04021091

    04021099

    04022111

    04022117

    04022119

    04022191

    04022199

    04022911

    04022915

    04022919

    04022991

    04022999

    Buttermilk, curdled milk and cream, yogurt, kephir

    04039011

    04039013

    04039019

    04039031

    04039033

    04039039

    Whey, whether or not concentrated

    04041002

    04041004

    04041006

    04041012

    04041014

    04041016

    04041026

    04041028

    04041032

    04041034

    04041036

    04041038

    04049021

    04049023

    04049029

    04049081

    04049083

    04049089

    Butter and other fats and oils derived from milk

    04051011

    04051030

    04051050

    04051090

    04052090

    04059010

    04059090

    Cut flowers and flower buds

    06031011

    06031013

    06031021

    06031025

    06031053

    Other vegetables, fresh or chilled

    07099060

    Vegetables (uncooked or cooked by steaming or boiling)

    07104000

    Vegetables provisionally preserved

    07119030

    Bananas, including plantains, fresh or dried

    08030019

    Citrus fruit, fresh or dried

    08051001 (12)

    08051005 (12)

    08051009 (12)

    08051011 (12)

    08051015 (2)

    08051019 (2)

    08051021 (2)

    08051025 (12)

    08051029 (12)

    08051031 (12)

    08051033 (12)

    08051035 (12)

    08051037 (9) (12)

    08051038 (9) (12)

    08051039 (9) (12)

    08051042 (9) (12)

    08051044 (12)

    08051046 (9) (12)

    08051051 (2)

    08051055 (2)

    08051059 (2)

    08051061 (2)

    08051065 (2)

    08051069 (2)

    08053020 (2)

    08053030 (2)

    08053040 (2)

    Grapes, fresh or dried

    08061040 (12)

    Apples, pears and quinces, fresh

    08081051 (12)

    08081053 (12)

    08081059 (12)

    08081061 (12)

    08081063 (12)

    08081069 (12)

    08081071 (12)

    08081073 (12)

    08081079 (12)

    08081092 (12)

    08081094 (12)

    08081098 (12)

    08082031 (12)

    08082037 (12)

    08082041 (12)

    08082047 (12)

    08082051 (12)

    08082057 (12)

    08082067 (12)

    Maize (corn)

    10051090

    10059000

    Rice

    10061010

    10061021

    10061023

    10061025

    10061027

    10061092

    10061094

    10061096

    10061098

    10062011

    10062013

    10062015

    10062017

    10062092

    10062094

    10062096

    10062098

    10063021

    10063023

    10063025

    10063027

    10063042

    10063044

    10063046

    10063048

    10063061

    10063063

    10063065

    10063067

    10063092

    10063094

    10063096

    10063098

    10064000

    Grain sorghum

    10070010

    10070090

    Cereal flours other than of wheat or meslin

    11022010

    11022090

    11023000

    Cereal groats, meal and pellets

    11031310

    11031390

    11031400

    11032940

    11032950

    Cereal grains otherwise worked

    11041950

    11041991

    11042310

    11042330

    11042390

    11042399

    11043090

    Starches; inulin

    11081100

    11081200

    11081300

    11081400

    11081910

    11081990

    11082000

    Wheat gluten, whether or not dried

    11090000

    Other prepared or preserved meat, meat offal

    16025010

    16029061

    Cane or beet sugar and chemically pure sucrose

    17011110

    17011190

    17011210

    17011290

    17019100

    17019910

    17019990

    Other sugars, including chemically pure lactose

    17022010

    17022090

    17023010

    17023051

    17023059

    17023091

    17023099

    17024010

    17024090

    17026010

    17026090

    17029030

    17029050

    17029060

    17029071

    17029075

    17029079

    17029080

    17029099

    Vegetables, fruit, nuts and other edible parts

    20019030

    Tomatoes prepared or preserved

    20021010

    20021090

    20029011

    20029019

    20029031

    20029039

    20029091

    20029099

    Other vegetables prepared or preserved

    20049010

    Other vegetables prepared or preserved

    20056000

    20058000

    Jams, fruit jellies, marmalades, fruit or nut puree

    20071010

    20079110

    20079130

    20079910

    20079920

    20079931

    20079933

    20079935

    20079939

    20079951

    20079955

    20079958

    Fruit, nuts and other edible parts of plants

    20083055

    20083075

    20089251

    20089276

    20089292

    20089293

    20089294

    20089296

    20089297

    Fruit juices (including grape must)

    20094093

    20096011 (12)

    20096019 (12)

    20096051 (12)

    20096059 (12)

    20096071 (12)

    20096079 (12)

    20096090 (12)

    20098071

    20099049

    20099071

    Food preparations not elsewhere specified or included

    21069030

    21069055

    21069059

    Wine of fresh grapes, including fortified wines

    22042194

    22042962

    22042964

    22042965

    22042983

    22042984

    22042994

    Vermouth and other wine of fresh grapes

    22051010

    22051090

    22059010

    22059090

    Undenatured ethyl alcohol

    22071000

    22072000

    Undenatured ethyl alcohol

    22084010

    22084090

    22089091

    22089099

    Bran, sharps and other residues

    23021010

    23021090

    23022010

    23022090

    Residues of starch manufacture and similar residues

    23031011

    Dextrins and other modified starches

    35051010

    35051090

    35052010

    35052030

    35052050

    35052090

    Agricultural Products (7)

    Cheese and curd

    04062010

    04064010

    04064050

    04069002

    04069003

    04069004

    04069005

    04069006

    04069007

    04069008

    04069009

    04069012

    04069014

    04069016

    04069018

    04069019

    04069023

    04069025

    04069027

    04069029

    04069031

    04069033

    04069035

    04069037

    04069039

    04069061

    04069063

    04069073

    04069075

    04069076

    04069079

    04069081

    04069082

    04069084

    04069085

    Wine of fresh grapes, including fortified wines

    22041011

    22041091

    22042111

    22042112

    22042113

    22042117

    22042118

    22042119

    22042122

    22042124

    22042126

    22042127

    22042128

    22042132

    22042134

    22042136

    22042137

    22042138

    22042142

    22042143

    22042144

    22042146

    22042147

    22042148

    22042162

    22042166

    22042167

    22042168

    22042169

    22042171

    22042174

    22042176

    22042177

    22042178

    22042187

    22042188

    22042189

    22042191

    22042192

    22042193

    22042195

    22042196

    22042197

    22042912

    22042913

    22042917

    22042918

    22042942

    22042943

    22042944

    22042946

    22042947

    22042948

    22042971

    22042972

    22042981

    22042982

    22042987

    22042988

    22042989

    22042991

    22042992

    22042993

    22042995

    22042996

    22042997

    Undenatured ethyl alcohol

    22082012

    22082014

    22082026

    22082027

    22082062

    22082064

    22082086

    22082087

    22083011

    22083019

    22083032

    22083038

    22083052

    22083058

    22083072

    22083078

    22089041

    22089045

    22089052

    Footnotes

    (1) (16/5-15/9)

    (2) (1/6-15/10)

    (3) (1/1-31/5) Excluding Emperor variety

    (4) Emperor variety or (1/6-31/12)

    (5) (1/1-31/3)

    (6) (1/10-31/12)

    (7) (1/4-31/12)

    (8) (1/1-30/9)

    (9) (16/10-31/5)

    (10) (16/9-15/5)

    (11) Under the Agreement on Trade, Development and Co-operation between the European Community and the Republic of South Africa, the annual growth factor (agf) will be applied annually to the relevant basic quantities.

    (12) Under the Agreement on Trade, Development and Co-operation between the European Community and the Republic of South Africa, the full specific duty is payable if the respective Entry Price is not reached.




    Appendix 8

    Fishery products to which Article 6(5) of this Annex shall temporarily not be applicable

    Fish Products (1)

    CN code 96

    Live fish

    03011090

    03019200

    03019911

    Fish, fresh or chilled, excluding fish fillets

    03021200

    03023110

    03023210

    03023310

    03023911

    03023919

    03026600

    03026921

    Fish, frozen, excluding fish fillets

    03031000

    03032200

    03034111

    03034113

    03034119

    03034212

    03034218

    03034232

    03034238

    03034252

    03034258

    03034311

    03034313

    03034319

    03034921

    03034923

    03034929

    03034941

    03034943

    03034949

    03037600

    03037921

    03037923

    03037929

    Fish fillets and other fish meat

    03041013

    03042013

    Pasta, whether or not cooked or stuffed

    19022010

    Fish Products (2)

    Live fish

    03019110

    03019300

    03019919

    Fish, fresh or chilled, excluding fish fillets

    03021110

    03021900

    03022110

    03022130

    03022200

    03026200

    03026300

    03026520

    03026550

    03026590

    03026911

    03026919

    03026931

    03026933

    03026941

    03026945

    03026951

    03026985

    03026986

    03026992

    03026999

    03027000

    Fish, frozen, excluding fish fillets

    03032110

    03032900

    03033110

    03033130

    03033300

    03033910

    03037200

    03037300

    03037520

    03037550

    03037590

    03037911

    03037919

    03037935

    03037937

    03037945

    03037951

    03037960

    03037962

    03037983

    03037985

    03037987

    03037992

    03037993

    03037994

    03037996

    03038000

    Fish fillets and other fish meat

    03041019

    03041091

    03042019

    03042021

    03042029

    03042031

    03042033

    03042035

    03042037

    03042041

    03042043

    03042061

    03042069

    03042071

    03042073

    03042087

    03042091

    03049010

    03049031

    03049039

    03049041

    03049045

    03049057

    03049059

    03049097

    Fish, dried, salted or in brine; smoked fish

    03054200

    03055950

    03055970

    03056300

    03056930

    03056950

    03056990

    Crustaceans, whether in shell or not, live, fresh

    03061110

    03061190

    03061210

    03061290

    03061310

    03061390

    03061410

    03061430

    03061490

    03061910

    03061990

    03062100

    03062210

    03062291

    03062299

    03062310

    03062390

    03062410

    03062430

    03062490

    03062910

    03062990

    Molluscs, whether in shell or not, live, fresh

    03071090

    03072100

    03072910

    03072990

    03073110

    03073190

    03073910

    03073990

    03074110

    03074191

    03074199

    03074901

    03074911

    03074918

    03074931

    03074933

    03074935

    03074938

    03074951

    03074959

    03074971

    03074991

    03074999

    03075100

    03075910

    03075990

    03079100

    03079911

    03079913

    03079915

    03079918

    03079990

    Prepared or preserved fish; caviar and caviar substitutes

    16041100

    16041390

    16041511

    16041519

    16041590

    16041910

    16041950

    16041991

    16041992

    16041993

    16041994

    16041995

    16041998

    16042005

    16042010

    16042030

    16043010

    16043090

    Crustaceans, molluscs and other aquatic invertebra

    16051000

    16052010

    16052091

    16052099

    16053000

    16054000

    16059011

    16059019

    16059030

    16059090

    Fish Products (3)

    Live fish

    03019190

    Fish, fresh or chilled, excluding fish fillets

    03021190

    Fish, frozen, excluding fish fillets

    03032190

    Fish fillets and other fish meat

    03041011

    03042011

    03042057

    03042059

    03049047

    03049049

    Prepared or preserved fish; caviar and caviar substitutes

    16041311

    Fish Products (4)

    Live fish

    03019990

    Fish, fresh or chilled, excluding fish fillets

    03022190

    03022300

    03022910

    03022990

    03023190

    03023290

    03023390

    03023991

    03023999

    03024005

    03024098

    03025010

    03025090

    03026110

    03026130

    03026190

    03026198

    03026405

    03026498

    03026925

    03026935

    03026955

    03026961

    03026975

    03026987

    03026991

    03026993

    03026994

    03026995

    Fish, frozen, excluding fish fillets

    03033190

    03033200

    03033920

    03033930

    03033980

    03034190

    03034290

    03034390

    03034990

    03035005

    03035098

    03036011

    03036019

    03036090

    03037110

    03037130

    03037190

    03037198

    03037410

    03037420

    03037490

    03037700

    03037931

    03037941

    03037955

    03037965

    03037971

    03037975

    03037991

    03037995

    Fish fillets and other fish meat

    03041031

    03041033

    03041035

    03041038

    03041094

    03041096

    03041098

    03042045

    03042051

    03042053

    03042075

    03042079

    03042081

    03042085

    03042096

    03049005

    03049020

    03049027

    03049035

    03049038

    03049051

    03049055

    03049061

    03049065

    Fish, dried, salted or in brine; smoked fish

    03051000

    03052000

    03053011

    03053019

    03053030

    03053050

    03053090

    03054100

    03054910

    03054920

    03054930

    03054945

    03054950

    03054980

    03055110

    03055190

    03055911

    03055919

    03055930

    03055960

    03055990

    03056100

    03056200

    03056910

    03056920

    Crustaceans, whether in shell or not, live, fresh

    03061330

    03061930

    03062331

    03062339

    03062930

    Prepared or preserved fish; caviar and caviar substitutes

    16041210

    16041291

    16041299

    16041412

    16041414

    16041416

    16041418

    16041490

    16041931

    16041939

    16042070

    Fish Products (5)

    Fish, fresh or chilled, excluding fish fillets

    03026965

    03026981

    Fish, frozen, excluding fish fillets

    03037810

    03037890

    03037981

    Fish fillets and other fish meat

    03042083

    Prepared or preserved fish; caviar and caviar substitutes

    16041319

    16041600

    16042040

    16042050

    16042090




    Appendix 9

    Neighbouring developing countries

    For the implementation of Article 6(13) of this Annex, the expression ‘neighbouring developing country belonging to a coherent geographical entity’ shall refer to the following list of countries:



    Africa:

    Algeria, Egypt, Libya, Morocco, Tunisia;

    Caribbean:

    Colombia, Costa Rica, Cuba, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Venezuela.




    Appendix 10

    Products for which the cumulation provisions referred to in Articles 2(2), 6(1) and 6(2) of this Annex apply after 1 October 2015 and to which the provisions of Articles 6(5), 6(9) and 6(12) of this Annex shall not be applicable



    CN-Code

    Description

    1701

    Cane or beet sugar and chemically pure sucrose, in solid form.

    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.

    1704 90 99

    Sugar confectionery (including white chocolate), not containing cocoa:

    –  other:

    – –  other:

    – – –  other:

    – – – –  other:

    – – – – –  other:

    1806 10 30

    Chocolate and other food preparations containing cocoa:

    –  cocoa powder, containing added sugar or other sweetening matter:

    – –  containing 65 % or more but less than 80 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

    1806 10 90

    Chocolate and other food preparations containing cocoa:

    –  cocoa powder, containing added sugar or other sweetening matter:

    – –  containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

    1806 20 95

    Chocolate and other food preparations containing cocoa:

    –  other preparations in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg:

    – –  other:

    – – –  other

    1901 90 99

    Malt extract, food preparations of flour, groats, meal, starch or malt extract, nit 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:

    –  other:

    – –  other:

    – – –  other

    2101 12 98

    Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:

    –  extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

    – –  preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

    – – –  other

    2101 20 98

    Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:

    –  extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté:

    – –  preparations:

    – – –  other

    2106 90 59

    Food preparations not elsewhere specified or included:

    –  other:

    – –  flavoured or coloured sugar syrups:

    – – –  other:

    – – – –  other

    2106 90 98

    Food preparations not elsewhere specified or included:

    –  other:

    – –  other:

    – – –  other

    3302 10 29

    Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:

    –  of a kind used in the food or drink industries:

    – –  of the type used in the drink industries:

    – – –  preparations containing all flavouring agents characterising a beverage:

    – – – –  other:

    – – – – –  other




    Appendix 11

    Products for which the cumulation provisions referred to in Articles 2(2), 6(1) and 6(2) of this Annex apply after 1 January 2010 and to which the provisions of Articles 6(5), 6(9) and 6(12) of this Annex shall not be applicable



    CN-Code

    Description

    ex  10 06

    Rice other than rice under code 1006 10 10




    Appendix 12

    Overseas Countries and Territories

    Within the meaning of this Annex ‘overseas countries and territories’ shall mean the countries and territories referred to in Part Four of the Treaty establishing the European Community listed below:

    (This list does not prejudge the status of these countries and territories, or future changes in their status.)

    1. Country having special relations with the Kingdom of Denmark:

     Greenland.

    2. Overseas territories of the French Republic:

     New Caledonia and Dependencies,

     French Polynesia,

     French Southern and Antarctic Territories,

     Wallis and Futuna Islands.

    3. Territorial collectivities of the French Republic:

     Mayotte,

     Saint Pierre and Miquelon.

    4. Overseas countries of the Kingdom of the Netherlands:

     Aruba,

     Netherlands Antilles:

     

     Bonaire,

     Curaçao,

     Saba,

     Sint Eustatius,

     Sint Maarten.

    5. British overseas countries and territories:

     Anguilla,

     Cayman Islands,

     Falkland Islands,

     South Georgia and South Sandwich Islands,

     Montserrat,

     Pitcairn,

     Saint Helena, Ascension Island, Tristan da Cunha,

     British Antarctic Territory,

     British Indian Ocean Territory,

     Turks and Caicos Islands,

     British Virgin Islands.



    ( 1 ) OJ L 317, 15.12.2000, p. 3. Agreement as amended by Agreement of 22 December 2005 (OJ L 209, 11.8.2005, p. 27).

    ( 2 ) OJ L 311, 4.12.1999, p. 1. Agreement as amended by the Additional Protocol of 25 June 2005 (OJ L 68, 15.3.2005, p. 33).

    ( 3 ) OJ L 169, 30.6.2005, p. 1. Regulation as last amended by Commission Regulation (EC) No 606/2007 (OJ L 141, 2.6.2007, p. 4).

    ( 4 ) OJ L 82, 22.3.1997, p. 1. Regulation as amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

    ( 5 ) Council Decision 2007/627/EC of 28 September 2007 denouncing on behalf of the Community Protocol 3 on ACP sugar appearing in the ACP-EEC Convention of Lomé and the corresponding declarations annexed to that Convention, contained in Protocol 3 attached to Annex V to the ACP-EC Partnership Agreement, with respect to Barbados, Belize, the Republic of Congo, the Republic of Côte d'Ivoire, the Republic of the Fiji Islands, the Republic of Guyana, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Mozambique, the Federation of Saint Kitts and Nevis, the Republic of Suriname, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe (OJ L 255, 29.9.2007, p. 38).

    ( 6 ) OJ L 184, 17.7.1999, p. 23. Decision as last amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

    ( 7 ) OJ L 348, 21.12.2002, p. 3.

    ( 8 ) OJ L 348, 21.12.2002, p. 5.

    ( 9 ) OJ L 316, 2.12.2005, p. 1.

    ( 10 ) OJ L 165, 18.6.2013, p. 59.

    ( 11 ) Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (OJ L 145, 4.6.2008, p. 1).

    ( 12 ) OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1).

    ( 13 ) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).

    ( 14 ) Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).

    ( 15 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

    ( 16 ) Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (OJ L 145, 4.6.2008, p. 1).

    ( 17 ) Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).

    ( 18 ) Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51).

    ( 19 ) This example is given for the purpose of explanation only. It is not legally binding.

    ( 20 ) See additional Explanatory Note 4(b) to Chapter 27 of the Combined Nomenclature.

    ( 21 ) When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Annex, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.

    ( 22 ) Origin of products has to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 41 of the Annex, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’.

    ( 23 ) These indications may be omitted if the information is contained on the document itself.

    ( 24 ) See Article 19(5) of this Annex. In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.

    ( 25

    ( 26 ) The Community, Member State, ACP State or OCT. Where an ACP State or an OCT is given, a reference must also be made to the Community customs office holding any EUR.1 (s) concerned, giving the No of the certificate(s) concerned and, if possible, the relevant customs entry No involved.

    ( 27 ) Place and date

    ( 28 ) Name and function in company

    ( 29 ) Signature

    ( 30

    ( 31 ) The Community, Member State, ACP State, OCT or South Africa.

    ( 32 ) Description is to be given in all cases. The description must be adequate and should be sufficiently detailed to allow the tariff classification of the goods concerned to be determined.

    ( 33 ) Customs values to be given only if required.

    ( 34 ) Country of origin to be given only if required. The origin to be given must be a preferential origin, all other origins to be given as ‘third country’.

    ( 35 ) ‘and have undergone the following processing in [the Community] [Member State] [ACP State] [OCT] [South Africa] …’, to be added with a description of the processing carried out if this information is required.

    ( 36 ) Place and date

    ( 37 ) Name and function in company

    ( 38 ) Signature

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