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Document 52023PC0589
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Joint Committee established by the Regional Convention on pan-Euro-Mediterranean preferential rules of origin as regards the amendment of the Convention
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Joint Committee established by the Regional Convention on pan-Euro-Mediterranean preferential rules of origin as regards the amendment of the Convention
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Joint Committee established by the Regional Convention on pan-Euro-Mediterranean preferential rules of origin as regards the amendment of the Convention
COM/2023/589 final
EUROPEAN COMMISSION
Brussels, 16.10.2023
COM(2023) 589 final
2023/0360(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union within the Joint Committee established by the Regional Convention on pan-Euro-Mediterranean preferential rules of origin as regards the amendment of the Convention
EXPLANATORY MEMORANDUM
1.Subject matter of the proposal
The Joint Committee of the Regional Convention on pan-Euro Mediterranean preferential rules of origin (‘PEM Joint Committee’) intends to adopt a decision to amend the Convention. This proposal for a Council decision concerns the position to be taken on the Union's behalf in the Committee
2.Context of the proposal
2.1.The Regional Convention on pan-Euro Mediterranean preferential rules of origin
The Regional Convention on pan-Euro-Mediterranean 1 preferential rules of origin lays down provisions on the origin of goods traded under relevant agreements concluded between the Contracting Parties.
The system of pan-Euro-Mediterranean cumulation of origin allows for the application of diagonal cumulation between the Convention’s 25 Contracting Parties: the European Union, Iceland, Liechtenstein, Norway, Switzerland, Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Palestine 2 , Syria, Tunisia, Türkiye, Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia, Kosovo 3*, the Faroe Islands, the Republic of Moldova, Georgia and Ukraine. It lays down a multilateral framework of rules of origin for a network of free trade agreements and applies without prejudice to the principles laid down in those agreements. The Convention entered into force in relation to the Union on 1 May 2012.
2.2.The PEM Joint Committee
The PEM Joint Committee established by Article 3(1) of the Convention adopts amendments to the Convention and its appendixes, administers it and ensures its proper implementation in accordance with Article 4 of the Convention. In accordance with Article 12 of the Rules of Procedure of the PEM Joint Committee, decisions of the Joint Committee are adopted by unanimous vote of the Contracting Parties for which the Convention has entered into force, present or represented at the meeting of the PEM Joint Committee.
The Contracting Parties for which the Convention has entered into force have voting rights. Each Contracting Party has one vote.
2.3.The envisaged act of the PEM Joint Committee
The process of amending the Convention started in 2012 and has been carried out in the PEM Working Group meeting at least twice per year. During this process, Member States have been kept regularly involved through different forums (the Customs Experts Group – Origin Section, the Council’s Customs Union Working Party, the Trade Policy Committee).
The envisaged act will conclude the revision of the rules of origin of the PEM Convention. After a first attempt during its 9th meeting on 27 November 2019, the PEM Joint Committee decided to postpone a vote to obtain unanimity at a later stage in the light of the reservations expressed by some of the Contracting Parties. The EU will continue to address these reservations on bilateral basis and will reach an agreement before the entry into force of the revised Convention. These reservations are grounded on the possibility to benefit from some limited derogations from the rules of origin.
In parallel, other PEM Contracting Parties introduced the content of the revision of the rules of origin in their bilateral protocols on rules of origin on a transitional basis, waiting for the adoption of new rules of origin of the PEM Convention.
On 29 November 2023, during its 15th meeting, the PEM Joint Committee is to adopt a decision regarding the amendment of the Convention (‘the envisaged act’).
The purpose of the envisaged act is to amend the rules of origin in order to better correspond to the economic reality. The envisaged act will become binding on the Contracting Parties in accordance with Article 4(3)(a) states: ‘The Joint Committee shall adopt by decision amendments to this Convention including amendments to the Appendixes’. Furthermore, Article 4(3)(a), last sentence, states: ‘Decisions referred to in this paragraph shall be put into effect by the Contracting Parties in accordance with their own legislation.’
The amendments to the Convention should enter into force on 1 January 2025.
3.Position to be taken on the Union's behalf
The proposed amendments of the Convention provide for several additional flexibilities and elements of modernisation. These amendments are consistent with those already agreed by the Union in other recent free trade agreements (EU-UK Trade and Cooperation Agreement, EU-New Zealand Free Trade Agreement, EU-Japan Economic Partnership Agreement, EU-Southern African Development Community Economic Partnership Agreement or preferential schemes (GSP)). The improvements consist in the introduction of generally more flexible, updated and simplified rules that will make it easier for EU industry to meet the origin requirements and therefore improve their export competitiveness. The amended text does not alter the institutional provisions of the current Convention.
3.1.Details of the amended rules of origin
(a)Derogations
The amended Convention codifies and introduces more transparency into the current practice under which Contracting Parties can agree bilaterally on rules that derogate from the Convention’s common rules, by requiring notification of such derogations (new Article 1 paragraph 3 of the revised PEM Convention). The derogations already existing would remain in force and would not be affected by the obligation to notify (new Article 1 paragraph 2 of the revised PEM Convention).
(b)Wholly obtained products - ‘vessels’ conditions
The ‘vessels’ conditions contained in the amended set of rules are simpler and provide for more flexibility (Article 3 paragraph 2). Compared to the current text, certain conditions have been deleted (e.g. specific crew requirements) while others have been amended in order to provide for more relaxation (e.g. ownership).
(c)Sufficient working or processing – average basis
The amended set of rules offers the exporter the flexibility to ask the customs authorities for an authorisation to calculate the ex-works price of a product and the value of non-originating materials used on an average basis in order to take account of fluctuations in costs and currency rates (Article 4 paragraphs 3-6). This should provide exporters with more predictability.
(d)Tolerance
The current tolerance is set at 10% in value of the ex-works price of the product (Article 5).
The proposed text provides for agricultural products a tolerance of 15% of the net weight of the product and for industrial products a tolerance of 15% in value of the ex-works price of the product (Article 5).
The tolerance in weight introduces a more objective criterion and a 15% threshold should provide a sufficient level of leniency. It ensures also that the international price fluctuation of the commodities do not have an impact on the origin of the agricultural products.
(e)Cumulation
The proposed text (Article 7) maintains the existing diagonal cumulation on originating materials for all products.
In addition, it provides for a generalised diagonal full cumulation for all products except textiles and clothing in Chapters 50-63 of the Harmonised System (HS).
For products in HS Chapters 50-63, the proposed text provides only for bilateral full cumulation. Finally, the Contracting Parties will have the option to agree to extend the generalised diagonal full cumulation to products in HS Chapters 50-63.
(f)Accounting segregation
Under the current rules (Article 20), customs authorities may authorise accounting segregation where ‘considerable cost or material difficulties arise in keeping separate stocks’. The amended rule (Article 12) stipulates that customs authorities may authorise accounting segregation ‘if originating and non-originating fungible materials are used’.
An exporter requesting authorisation for accounting segregation will no longer have to provide justification that keeping separate stocks has a considerable cost or gives rise to material difficulties; it will be sufficient to indicate that fungible materials are used.
Originating and non-originating stocks of sugar will no longer have to be kept physically separated, regardless of whether the sugar is a material or a final product.
(g)Principle of territoriality
The current rules (Article 11) allow for certain working or processing to be done outside the territory under certain conditions, with the exception of products in HS Chapters 50 to 63. The proposed rules (Article 13) no longer contain the exclusion for textiles.
(h)Non-alteration
The proposed non-alteration rule (Article 14) substitutes the provisions on direct transport. It also allows more leniency in the movement of originating products between Contracting Parties. It should avoid situations where products for which there is no doubt about their originating status, are excluded from the preferential rate at importation because the formal requirements of the direct transport provision are not met.
(i)Prohibition of drawback of, or exemption from, customs duties
Under the current rules (Article 14) the general principle of the prohibition of drawback applies to materials used in the manufacture of any product. Under the amended rules (Article 16) the prohibition is eliminated for all products, with the exception of materials used in the manufacture of products falling within the scope of HS Chapters 50 to 63 (textiles and clothing). Nevertheless, the text also provides for some exceptions to the prohibition of duty drawback on these products.
(j)Proof of origin
The amended rules (Article 17 paragraph 1) introduce a single type of proof of origin (EUR.1 or origin declaration), instead of the current double approach of EUR.1 and EUR-MED. This substantially simplifies the system. It should also improve economic operators’ compliance by avoiding mistakes due to complex rules and facilitate management by the customs authorities. At the same time, it should not affect the capacity to verify proofs of origin, which remains the same.
The amended rules (Article 17 paragraph 3) also include the option to agree on the application of a system of registered exporters (REX). These exporters, registered in a common database, will be responsible for making out themselves statements on origin without going through the approved exporter procedure. The statement on origin will have the same legal value as the origin declaration or the movement certificate EUR.1. The amended rules also provide for a future possibility to apply electronically issued certificates of origin (Article 17 paragraph 4).
(k)Validity of a proof of origin
It is proposed that the validity period of a proof of origin to be extended from 4 to 10 months (Article 23). It also allows more leniency in the movement of originating products between the Parties.
3.2.Details of the amended list rules
3.2.1.Agricultural products
(a)Value and weight
The limit of non-originating materials was expressed only in value. The new thresholds are expressed in weight in order to avoid price and currency fluctuation (e.g. ex-chapters 19, 20, 2105, 2106), and certain limits for non-originating sugar (e.g. chapter 8 or HS 2202) are deleted.
The amended set of rules raise the threshold of maximum weight of non-originating materials (from 20% to 40%) and introduce the possibility in some headings for operators to opt for either value or weight thresholds. The HS chapters and headings concerned by the change are in particular: ex-1302, 1704 (alternative rule weight or value), 1806 (alternative rule weight or value) and 1901.
(b)Adaptation to sourcing patterns
Other agricultural products (i.e. vegetable oils, nuts, tobacco) are covered by more flexible rules adapted to the economic reality notably for HS Chapters 14, 15, 20 (including heading 2008), 23 and 24. The amended set of rules strike a balance between regional and global sourcing (HS Chapters 9 and 12). The rules have also been simplified (reduction of exceptions) in HS Chapters 4, 5, 6, 8, 11 and ex-13.
3.2.2.Industrial products (except textiles)
The proposed compromise contains considerable changes compared to the current PEM rules to align them with recent EU Free Trade Agreements:
-The current Chapter rule contains a double cumulative condition for a number of products. This is changed to a single condition (HS Chapters 74, 75, 76, 78 and 79).
-A large number of specific rules derogating from the Chapter rule have been deleted (HS Chapters 28, 35, 37, 38 and 83). This more horizontal approach will result in a simpler panorama for operators and customs.
-Most rules have been made more flexible allowing more non-originating input to reflect new economic realities and progressive integration of industry of the PEM countries with the global value chains, while ensuring that a significant processing is conducted in the PEM area. Generally, in case of industrial products, manufacturers can source now up to 50% of non-originating materials expressed as a percentage of the ex-works price of the product in comparison to 25-40% allowed under the current PEM Convention. The threshold of non-originating materials for cars has been relaxed from 40 to 45 %.
-In addition, whenever relevant, alternative rules have been included, generally a change of classification rule and, in the case of chemical products, processing rules. As a result, origin is conferred through fulfilling one or two or more alternative criteria thereby offering the exporter more choices on how to meet the origin criterion (Chapters 27, 28 to 40, 42, 44, 70 and 83, 84 and 85).
All these changes result in updated and more flexible list rules which will in general facilitate compliance with rules of origin for economic operators, particularly small and medium-sized enterprises. In addition, the above-mentioned possibility to use an average basis over a period of time could provide further simplification for exporters.
3.2.3.Textiles
For textiles and garments, the new rules maintain the existing possibilities to obtain originating status, owever they have been redrafted to reflect specific operations. New options have been introduced regarding outward processing and tolerances. New origin conferring processes have also been introduced for these products, especially for fabric, which would become more easily available. Finally, full bilateral cumulation will apply also to these products. Such cumulation will allow processing carried out on textile materials (i.e. weaving, spinning etc.) to be taken into account in the production process in the cumulation zone.
3.3 Entry into force
The amendments to the Convention will enter into force on 1 January 2025 or on the date to be agreed by the PEM Joint Committee)
4.Legal basis
4.1.Procedural legal basis
4.1.1.Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 4 .
4.1.2.Application to the present case
The PEM Joint Committee is a body set up by an agreement, namely the Regional Convention on pan-Euro Mediterranean preferential rules of origin.
The act which the PEM Joint Committee is called upon to adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Article 4(3) of the Regional Convention on pan-Euro Mediterranean preferential rules of origin.
The envisaged act does not supplement or amend the institutional framework of the Agreement.
Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
4.2.Substantive legal basis
4.2.1.Principles
The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf.
4.2.2.Application to the present case
The main objective and content of the envisaged act relate to the common commercial policy.
Therefore, the substantive legal basis of the proposed decision is Article 207(3) and the first subparagraph of Article 207(4) TFEU.
4.3.Conclusion
The legal basis of the proposed decision should be Article 207(3) and the first subparagraph of Article 207(4), in conjunction with Article 218(9) TFEU.
5.Budgetary implications
The amendments of the PEM Convention are based on a principle of modernisation of the rules of origin to align them with the new trends set by the recent free trade agreements. The amended rules in the PEM Convention mostly contain elements of simplification of customs procedures and elements of modernisation, such as:
–Sufficient working or processing – average basis: because the ex-works price and the value of non-originating materials will be calculated on an average basis taking into account maket fluctuations, exporters will have more predictability;
–Proof of origin: this will be simplified as only one type of certificate of origin will be used – EUR.1;
–Validity of a proof of origin: this allows more leniency in the movement of originating products, by increasing the validity from 4 to 10 months.
These amendments to the PEM Convention have no measurable impact on the EU budget since their scope mainly concerns trade facilitation and consolidation of modern practices by customs authorities. They provide for optional facilitation in areas which remain under the authorities’ competence without impacting the rules’ substance (accounting segregation, proofs of origin, averaging). Some aspects of simplification (such as reduction of the vessels criteria) provide for greater predictability by removing conditions which are currently difficult to control by customs authorities. Others, such as non-alteration, refer to logistics without affecting the substance of the rules.
Although the provisions on duty drawback are amended, the prohibition of duty drawback is maintained in the textiles and clothing sector, which remains one of the main sectors of trade in the PEM zone. The amended rules codify the status quo by maintaining the prohibition currently applied by some Contracting Parties. The proposed generalisation of full cumulation in the PEM zone aims at strengthening the existing trade patterns within the zone and their complementarity. It should not affect in a meaningful way the EU customs duties collected since products subject to cumulation will have to comply with their own requirement of value added in the zone in order to benefit from preferences, as is currently the case.
The amendments to the list rules in the sector of agricultural and processed agricultural goods mainly consist of an adapted methodology without affecting the rules’ substance. The existing thresholds expressed currently in value will be expressed in weight. This criterion is more objective and easyer for customs authorities to control. Simplifying the product-specific rules for industrial products should have a limited impact on custom duty revenues.This is because in many instances they may result more in sourcing changes than in increases of preferential imports from PEM countries replacing imports previously subject to import duties. The impact on import duty revenue of those changes is therefore not quantifiable.
In terms of trade and its impact on the use of preferences, the relaxations in the new rules put emphasis on economic integration in the entire zone, for example in the textile sector where the use of preferences is already very high. The improved rules on textiles and cumulation are mainly intended to enhance already existing regional integration and availability of materials within the zone, rather than to allow more non-originating materials to be imported from outside.
6.Publication of the envisaged act
As the act of the PEM Joint Committee will amend the Convention, it is appropriate to publish it in the Official Journal of the European Union after its adoption.
2023/0360 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union within the Joint Committee established by the Regional Convention on pan-Euro-Mediterranean preferential rules of origin as regards the amendment of the Convention
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(3) and the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/93/EU 5 and entered into force in relation to the Union on 1 May 2012.
(2)The system of pan-Euro-Mediterranean cumulation of origin allows for the application of diagonal cumulation between the 25 Contracting Parties of the Convention: the European Union, Iceland, Liechtenstein, Norway, Switzerland, Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Palestine 6 , Syria, Tunisia, Türkiye, Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia, Kosovo 7 *, the Faroe Islands, Republic of Moldova, Georgia and Ukraine.
(3)The Convention envisages that the rules of origin will need to be amended in order to better respond to the economic reality and establishes procedures for its own amendment. In accordance with Article 4 of the Convention, amendments to the Convention are to be adopted by a decision of the Joint Committee established by Article 3(1) of the Convention (“the Joint Committee”).
(4)The process of amending the Convention started in 2012 and resulted in a new set of modernised and more flexible rules of origin, consistent with those which have already been agreed by the Union in certain other recent agreements (EU-Canada Comprehensive Economic and Trade Agreement (CETA), EU-Vietnam Free Trade Agreement, EU-Japan Economic Partnership Agreement, EU-Southern African Development Community Economic Partnership Agreement) or preferential schemes (GSP).
(5)On 27 November 2019 the European Commission, acting as the Secretariat of the PEM Convention, chaired the 9th meeting of the PEM Joint Committee, to invite all the Contracting Parties to express their position on the formal adoption of the revised rules of origin of the PEM Convention. However, the revised rules could not be adopted in the Joint Committee in the light of the reservations expressed by some of the Contracting Parties. On 14 June 2023 at the 14th meeting of the PEM Joint Committee, all Contracting Parties expressed their support with the reservation that bilateral issues will be subject to technical discussions to be finalised before the entry into application of the new rules.
(6)The Joint Committee is expected to adopt a Decision on the amendment of the Convention during its meeting on 29 November 2023 or at a later date.
(7)It is appropriate to establish the position to be taken on the Union's behalf in the Joint Committee, as the Decision will be binding on the Union,
HAS ADOPTED THIS DECISION:
Article 1
The position to be adopted on behalf of the European Union within the Joint Committee established by the Regional Convention on pan-Euro-Mediterranean preferential rules of origin shall be based on the draft Decision of the Joint Committee attached to this Decision.
Article 2
This Decision is addressed to the Commission.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 16.10.2023
COM(2023) 589 final
ANNEX
to the
Proposal for a Council Decision
on the position to be taken on behalf of the European Union within the Joint Committee established by the Regional Convention on pan-Euro-Mediterranean preferential rules of origin as regards the amendment of the Convention
[Draft] DECISION No …/…
OF THE JOINT COMMITTEE
of …
on the amendment of the Regional Convention
on pan-Euro-Mediterranean preferential rules of origin
THE JOINT COMMITTEE,
Having regard to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, and in particular to point (a) of Article 4(3) thereof,
Whereas:
(1)The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (the ‘Convention’) was signed in Brussels on 15 June 2011 and entered into force on 1 January 2012.
(2)The pan-Euro-Mediterranean system of cumulation of origin is made up of a network of free trade agreements. It provides for a multilateral framework of identical rules of origin allowing for diagonal cumulation which applies without prejudice to the principles laid down in the relevant agreements.
(3)It is acknowledged in the preamble to the Convention that the rules of origin will need to be amended in order to better respond to the economic reality.
(4)The Contracting Parties to the Convention agreed on the amendment of the Convention in order to provide for a new set of modernised and more flexible rules of origin.
(5)The Convention should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
1.The Convention shall be amended as set out in the Annex to this Decision.
2.The amendments to the Convention shall enter into force [1 January 2025].
Article 2
This Decision shall enter into force on the date of its adoption.
Done at …,
For the Joint Committee
The Chair
ANNEX
Sole Article
Amendment of the Regional Convention
on pan-Euro-Mediterranean preferential rules of origin
The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (the ‘Convention’) is amended as follows:
(1)Article 1 is replaced by the following:
“Article 1
1.This Convention lays down provisions on the origin of goods traded under the relevant Agreements concluded between the Contracting Parties.
2.The concept of ‘originating products’ and the methods of administrative cooperation relating thereto are set out in the Appendixes to this Convention.
Appendix I sets out general rules for the definition of the concept of ‘originating products’ and the methods of administrative cooperation.
Appendix II sets out special provisions that were agreed before 1 January 2019 and are applicable between certain Contracting Parties and derogating from the provisions laid down in Appendix I.
Special provisions applicable between certain Contracting Parties and derogating from the provisions laid down in Appendix I that were agreed before 1 January 2019 but not included in Appendix II remain valid.
3.For derogations agreed after 1 January 2019:
(a)The Contracting Parties may apply in their bilateral trade special provisions derogating from the provisions laid down in Appendix I provided that those special provisions are in accordance with Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT);
(b)Contracting Parties shall provide the chairperson of the Joint Committee with a version of the agreement between the Contracting Parties in English or in French that contains the provisions referred to in point (a) and an accompanying letter in English or in French indicating the provisions of this Convention from which that agreement derogates;
(c)The special provisions referred to in point (a) shall not enter into force before the end of the calendar month following the month in which the Contracting Parties provided the chairperson of the Joint Committee with the information referred to in point (b);
(d)The chairperson of the Joint Committee shall notify the information referred to in point (b) to all other Contracting Parties and shall inform the Contracting Parties referred to in point (b) of that notification.
4.The following are Contracting Parties to this Convention:
–the European Union;
–the EFTA States as listed in the Preamble;
–the Kingdom of Denmark in respect of the Faroe Islands;
–the participants in the Barcelona Process as listed in the Preamble;
–the participants in the European Union’s Stabilisation and Association Process as listed in the Preamble, except the Republic of Croatia following its accession to the European Union;
–the Republic of Moldova;
–Georgia;
–Ukraine.
5.A third party that becomes Contracting Party in accordance with Article 5 shall be automatically added to the list set out in paragraph 4 of this Article.”;
(2)in Article 2, point (1) is replaced by the following:
“(1)‘Contracting Party’ means the Contracting Parties listed in Article 1(4);”;
(3)in Article 4, paragraph 3, point (a) is replaced by the following:
“(a)Amendments to the Convention;”;
(4)in Article 5, paragraph 9 is replaced by the following:
“9.From the date of the decision of the Joint Committee referred to in paragraph 4, the third party concerned may be represented with observer status in the Joint Committee and any sub-committee and working groups.”;
(5)Appendix I is replaced by the following:
“Appendix I
The definition of the concept of ‘originating products’ and methods of
administrative cooperation
TABLE OF CONTENTS
TITLE IGENERAL PROVISIONS
Article 1Definitions
TITLE IIDEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’
Article 2General requirements
Article 3Wholly obtained products
Article 4Sufficient working or processing
Article 5Tolerance rule
Article 6Insufficient working or processing
Article 7Cumulation of origin
Article 8Conditions for the application of cumulation of origin
Article 9Unit of qualification
Article 10Sets
Article 11Neutral elements
Article 12Accounting segregation
TITLE IIITERRITORIAL REQUIREMENTS
Article 13Principle of territoriality
Article 14Non-alteration
Article 15Exhibitions
TITLE IVDRAWBACK OR EXEMPTION
Article 16Drawback of or exemption from customs duties
TITLE VPROOF OF ORIGIN
Article 17General requirements
Article 18Conditions for making out an origin declaration
Article 19Approved exporter
Article 20Procedure for issue of a movement certificate EUR.1
Article 21Movement certificates EUR.1 issued retrospectively
Article 22Issue of a duplicate movement certificate EUR.1
Article 23Validity of proof of origin
Article 24Free zones
Article 25Importation requirements
Article 26Importation by instalments
Article 27Exemption from proof of origin
Article 28Discrepancies and formal errors
Article 29Supplier’s declarations
Article 30Amounts expressed in euro
TITLE VIPRINCIPLES OF COOPERATION AND DOCUMENTARY EVIDENCE
Article 31Documentary evidence, preservation of proofs of origin and supporting documents
Article 32Dispute settlement
TITLE VIIADMINISTRATIVE COOPERATION
Article 33Notification and cooperation
Article 34Verification of proofs of origin
Article 35Verification of supplier’s declarations
Article 36Penalties
TITLE VIIIAPPLICATION OF APPENDIX I
Article 37European Economic Area
Article 38Liechtenstein
Article 39Republic of San Marino
Article 40Principality of Andorra
Article 41Ceuta and Melilla
List of Annexes
ANNEX I:Introductory notes to the list in Annex II
ANNEX II:List of working or processing required to be carried out on non-originating materials in order for the product manufactured to obtain originating status
ANNEX III:Text of the origin declaration
ANNEX IV:Specimens of movement certificate EUR.1 and application for a movement certificate EUR.1
ANNEX V:Special conditions concerning products originating in Ceuta and Melilla
ANNEX VI:Supplier’s declaration
ANNEX VII:Long-term supplier’s declaration
ANNEX VIII:List of Contracting Parties having opted to extend the application of Article 7(3) on importation of products falling within Chapters 50 to 63 of the Harmonised System
TITLE I
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Convention:
(a)‘chapters’, ‘headings’ and ‘sub-headings’ mean the chapters, the headings and sub-headings (four- or six-digit codes) used in the nomenclature which makes up the Harmonised Commodity Description and Coding System (‘Harmonised System’) with the changes pursuant to the Recommendation of 26 June 2004 of the Customs Cooperation Council;
(b)‘classified’ refers to the classification of goods under a particular heading or sub-heading of the Harmonised System;
(c)‘consignment’ means products which are either:
(i) sent simultaneously from one exporter to one consignee; or
(ii) 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;
(d)‘customs authorities of the Contracting Party’ for the European Union means any of the customs authorities of the Member States of the European Union;
(e)‘customs value’ means the value as determined in accordance with the Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (WTO Agreement on Customs Valuation);
(f)‘ex-works price’ means the price paid for the product ex works to the manufacturer in the Contracting Party in whose undertaking the last working or processing is carried out, provided that the price includes the value of all the materials used and all other costs related to its production, minus any internal taxes which are, or may be, repaid when the product obtained is exported. Where the last working or processing has been subcontracted to a manufacturer, the term 'manufacturer' refers to the enterprise that has employed the subcontractor.
Where the actual price paid does not reflect all costs related to the manufacturing of the product which are actually incurred in the Contracting Party, the ex-works price means the sum of all those costs, minus any internal taxes which are, or may be, repaid when the product obtained is exported;
(g)‘fungible materials’ or fungible products means materials or products that are of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished from one another ;
(h)‘goods’ means both materials and products;
(i)‘manufacture’ means any kind of working or processing including assembly;
(j)‘material’ means any ingredient, raw material, component or part, etc., used in the manufacture of the product;
(k)'maximum content of non-originating materials' means the maximum content of non-originating materials which is permitted in order to consider a manufacture as working or processing sufficient to confer originating status on the product. It may be expressed as a percentage of the ex-works price of the product or as a percentage of the net weight of these materials used falling under a specified group of chapters, chapter, heading or sub-heading;
(l)‘product’ means the product being manufactured, even if it is intended for later use in another manufacturing operation;
(m)‘territory’ includes the land territory, internal waters and the territorial sea of a Contracting Party;
(n)‘value added’ shall be taken to be the ex-works price of the product minus the customs value of each of the materials incorporated which originate in the other Contracting Parties with which cumulation is applicable or, where the customs value is not known or cannot be ascertained, the first ascertainable price paid for the materials in the exporting Contracting Party;
(o)‘value of materials’ means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the exporting Contracting Party. Where the value of the originating materials used needs to be established, this point shall be applied mutatis mutandis.
TITLE II
DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’
Article 2
General requirements
For the purpose of implementing the relevant Agreement, the following products shall be considered as originating in a Contracting Party when exported to another Contracting Party:
(a)products wholly obtained in the Contracting Party, within the meaning of Article 3;
(b)products obtained in the Contracting Party incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in that Contracting Party within the meaning of Article 4;
Article 3
Wholly obtained products
1. The following shall be considered as wholly obtained in a Contracting Party when exported to another Contracting Party:
(a)mineral products and natural water extracted from its soil or from its seabed;
(b)plants, including aquatic plants, and vegetable products grown or harvested there;
(c)live animals born and raised there;
(d)products from live animals raised there;
(e)products from slaughtered animals born and raised there;
(f)products obtained by hunting or fishing conducted there;
(g)products of aquaculture where the fish, crustaceans, molluscs and other aquatic invertebrates are born or raised there from eggs, larvae, fry or fingerlings;
(h)products of sea fishing and other products taken from the sea outside any territorial sea by its vessels;
(i)products made on board its factory ships exclusively from products referred to in (h);
(j)used articles collected there fit only for the recovery of raw materials;
(k)waste and scrap resulting from manufacturing operations conducted there;
(l)products extracted from the seabed or below the seabed which is situated outside its territorial sea but where it has exclusive exploitation rights;
(m)goods produced there exclusively from the products specified in (a) to (l).
2. The terms ‘its vessels’ and ‘its factory ships’ in paragraph 1(h) and (i) shall apply only to vessels and factory ships which meet each of the following requirements:
(a)they are registered in the exporting or the importing Contracting Party;
(b)they sail under the flag of the exporting or the importing Contracting Party;
(c)they meet one of the following conditions:
(i) they are at least 50 % owned by nationals of the exporting Contracting or the importing Contracting Party, or
(ii) they are owned by companies
- which have their head office and their main place of business in the exporting or the importing Contracting Party and
- which are at least 50% owned by the exporting or the importing Contracting Party or public entities or nationals of these Parties.
3. For the purpose of paragraph 2, when the exporting or the importing Contracting Party is the European Union, it means the Member States of the European Union.
4. For the purpose of paragraph 2, the EFTA States are to be considered as one Contracting Party.
Article 4
Sufficient working or processing
1. Without prejudice to paragraph 3 of this Article and to Article 6, products which are not wholly obtained in a Contracting Party shall be considered to be sufficiently worked or processed when the conditions laid down in the list in Annex II for the goods concerned are fulfilled.
2. If a product which has acquired originating status in a Contracting Party in accordance with paragraph 1 is used as a material in the manufacture of another product, no account shall be taken of the non-originating materials which may have been used in its manufacture.
3. The determination of whether the requirements of paragraph 1 of this Article are met, shall be carried out for each product.
However, where the relevant rule is based on compliance with a maximum content of non-originating materials, the customs authorities of the Contracting Parties may authorise exporters to calculate the ex-works price of the product and the value of the non-originating materials on an average basis as set out in paragraph 4, in order to take into account fluctuations in costs and currency rates.
4. In the case referred to in the second sub-paragraph of paragraph 3 of this Article, an average ex-works price of the product and average value of non-originating materials used shall be calculated respectively on the basis of the sum of the ex-works prices charged for all sales of the same products carried out during the preceding fiscal year and the sum of the value of all the non-originating materials used in the manufacture of the same products over the preceding fiscal year as defined in the exporting Contracting Party, or, where figures for a complete fiscal year are not available, a shorter period which should not be less than three months.
5. Exporters having opted for calculation on an average basis shall consistently apply such a method during the year following the fiscal year of reference, or, where appropriate, during the year following the shorter period used as a reference. They may cease to apply such a method where during a given fiscal year, or a shorter representative period of no less than three months, they record that the fluctuations in costs or currency rates which justified the use of such a method have ceased.
6. The averages referred to in paragraph 4 of this Article shall be used as the ex-works price and the value of non-originating materials respectively, for the purpose of establishing compliance with the maximum content of non-originating materials.
Article 5
Tolerance rule
1. By way of derogation from Article 4 and subject to paragraphs 2 and 3 of this Article, non-originating materials which, according to the conditions set out in the list in Annex II, are not to be used in the manufacture of a given product may nevertheless be used, provided that their total net weight or value assessed for the product does not exceed:
(a)15% of the net weight of the product falling within Chapters 2 and 4 to 24, other than processed fishery products of Chapter 16;
(b)15% of the ex-works price of the product for products other than those covered by point (a).
This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonised System, for which the tolerances mentioned in Notes 6 and 7 of Annex I shall apply.
2. Paragraph 1 of this Article shall not allow to exceed any of the percentages for the maximum content of non-originating materials as specified in the rules laid down in the list in Annex II.
3. Paragraphs 1 and 2 of this Article shall not apply to products wholly obtained in a Contracting Party within the meaning of Article 3. However, without prejudice to Article 6 and Article 9(1), the tolerance provided for in those paragraphs shall nevertheless apply to product for which the rule laid down in the list in Annex II requires that the materials which are used in the manufacture of that product are wholly obtained.
Article 6
Insufficient working or processing
1. Without prejudice to paragraph 2 of this Article, 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)preserving operations to ensure that the products remain in good condition during transport and storage;
(b)breaking-up and assembly of packages;
(c)washing, cleaning; removal of dust, oxide, oil, paint or other coverings;
(d)ironing or pressing of textiles;
(e)simple painting and polishing operations;
(f)husking and partial or total milling of rice; polishing, and glazing of cereals and rice;
(g)operations to colour or flavour sugar or form sugar lumps; partial or total milling of crystal sugar;
(h)peeling, stoning and shelling, of fruits, nuts and vegetables;
(i)sharpening, simple grinding or simple cutting;
(j)sifting, screening, sorting, classifying, grading, matching; (including the making-up of sets of articles);
(k)simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;
(l)affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging;
(m)simple mixing of products, whether or not of different kinds;
(n)mixing of sugar with any material;
(o)simple addition of water or dilution or dehydration or denaturation of products;
(p)simple assembly 1 of parts of articles to constitute a complete article or disassembly of products into parts;
(q)slaughter of animals;
(r)a combination of two or more operations specified in (a) to (q);
2. All the operations carried out in the exporting Contracting Party on a given product shall be taken into account when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1 of this Article.
Article 7
Cumulation of origin
1. Without prejudice to the provisions of Article 2, products shall be considered as originating in the exporting Contracting Party when exported to another Contracting Party if they are obtained there, incorporating materials originating in any other Contracting Party provided that the working or processing carried out in the exporting Contracting Party goes beyond the operations referred to in Article 6. It shall not be necessary for such materials to have undergone sufficient working or processing.
2. Where the working or processing carried out in the exporting Contracting Party does not go beyond the operations referred to in Article 6, the product obtained by incorporating materials originating in any other Contracting Party, shall be considered as originating in the exporting Contracting Party only where the value added there is greater than the value of the materials used originating in more than one other Contracting Party. If this is not so, the product obtained shall be considered as originating in the Contracting Party which accounts for the highest value of originating materials used in the manufacture in the exporting Contracting Party.
3. Without prejudice to the provisions of Article 2, and with the exclusion of products falling within Chapters 50 to 63 of the Harmonised System, working or processing carried out in a Contracting Party other than the exporting Contracting Party shall be considered as having been carried out in the exporting Contracting Party when the products obtained undergo subsequent working or processing in this exporting Contracting Party.
4. Without prejudice to the provisions of Article 2, for products falling within Chapters 50 to 63 of the Harmonised System and only for the purpose of bilateral trade between two Contracting Parties, working or processing carried out in the importing Contracting Party shall be considered as having been carried out in the exporting Contracting Party when the products undergo subsequent working or processing in this exporting Contracting Party.
For the purpose of this paragraph, the participants in the European Union’s Stabilisation and Association process and the Republic of Moldova are to be considered as one Contracting Party.
5. Contracting Parties may opt to extend the application of paragraph 3 of this Article on importation of products falling within Chapters 50 to 63 of the Harmonised System unilaterally. The Contracting Party that decides to extend the application of paragraph 3 of this Article shall notify the Joint Committee of that decision, as well as any modifications thereof. Annex VIII shall contain the list of Contracting Parties that have extended the application of paragraph 3 of this Article on importation of products falling within Chapters 50 to 63 of the Harmonised System. The List of Contracting Parties shall be promptly updated after any Contracting Party has ceased to apply the extension. Each Contracting Party shall publish a notice with the list of Contracting Parties in Annex VIII in accordance with their respective internal procedures.
6. For the purpose of cumulation within the meaning of paragraphs 3 to 5 of this Article, the originating products shall be considered as originating in the exporting Contracting Party only if the working or processing undergone there goes beyond the operations referred to in Article 6.
7. Products originating in one of the Contracting Parties referred to in paragraph 1 which do not undergo any working or processing in the exporting Contracting Party shall retain their origin if exported into one of the other Contracting Parties.
Article 8
Cumulation of origin – Conditions for its application
1. The cumulation provided for in Article 7 may be applied only provided that:
(a)a preferential trade agreement in accordance with Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT) is applicable between the Contracting Parties involved in the acquisition of the originating status and the Contracting Party of destination; and
(b)goods have acquired originating status by the application of rules of origin identical to those given in this Convention.
2. Notices indicating the fulfilment of the necessary requirements to apply cumulation shall be published in the Official Journal of the European Union (C series) and in the Contracting Parties which are party to the relevant Agreements, according to their own procedures.
The cumulation provided for in Article 7 shall apply from the date indicated in these notices.
The Contracting Parties shall provide the other Contracting Parties which are party to the relevant Agreements, through the European Commission, with details of the Agreements, including their dates of entry into force, which are applied with the other Contracting Parties.
3. The proof of origin should include the statement in English “CUMULATION APPLIED WITH (name of the country/countries in English)” when products obtained the originating status in the exporting Contracting Party by application of cumulation of origin in accordance with Article 7.
In case a movement certificate EUR.1 is used as a proof of origin, this statement shall be made in box 7.
4. Contracting Parties may decide, for the products exported to them that obtained the originating status in the exporting Contracting Party by application of cumulation of origin in accordance with Article 7, to waive the obligation of including on the proof of origin the statement referred to in paragraph 3 of this Article.
The Contracting Parties will notify the Joint Committee of their decision to make use of this option. Notices indicating the updated list of Contracting Parties that made use of this option shall be published by the Contracting Parties, according to their own procedures.
Article 9
Unit of qualification
1. The unit of qualification for the application of the provisions of this Convention shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonised System.
It follows that:
(a)when a product composed of a group or assembly of articles is classified under the terms of the Harmonised System in a single heading, the whole constitutes the unit of qualification;
(b)when a consignment consists of a number of identical products classified under the same heading of the Harmonised System, each individual item shall be taken into account when applying this Convention.
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.
3. 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 ex-works price thereof, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.
Article10
Sets
Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all the component products are originating.
When a set is composed of originating and non-originating products, the set as a whole shall however be regarded as originating, provided that the value of the non-originating products does not exceed 15% of the ex-works price of the set.
Article 11
Neutral elements
In order to determine whether a product is an originating product, no account shall be taken of the origin of the following which might be used in its manufacture:
(a)energy and fuel;
(b)plant and equipment;
(c)machines and tools;
(d)any other goods which do not enter, and which are not intended to enter, into the final composition of the product.
Article 12
Accounting segregation
1. If originating and non-originating fungible materials are used in the working or processing of a product, economic operators may ensure the management of materials using the accounting segregation method, without keeping the materials on separate stocks.
2. Economic operators may ensure the management of originating and non-originating fungible products of heading 1701 using the accounting segregation method, without keeping the products on separate stocks.
3. Contracting Parties may require that the application of accounting segregation is subject to prior authorisation by the Customs authorities. The Customs authorities may grant the authorisation subject to any conditions they deem appropriate and shall monitor the use made of the authorisation. The Customs authorities may withdraw the authorisation whenever the beneficiary makes improper use of the authorisation in any manner whatsoever or fails to fulfil any of the other conditions laid down in this Appendix.
Through the use of accounting segregation it must be ensured that, at any time, no more products can be considered as ‘originating in the exporting Contracting Party’ than would have been the case if a method of physical segregation of the stocks had been used.
The method shall be applied and the application thereof shall be recorded on the basis of the general accounting principles applicable in the exporting Contracting Party.
4. The beneficiary of the method referred to in paragraphs 1 and 2 of this Article shall make out or apply for proofs of origin for the quantity of products which may be considered as originating in the exporting Contracting Party. At the request of the customs authorities, the beneficiary shall provide a statement of how the quantities have been managed.
TITLE III
TERRITORIAL REQUIREMENTS
Article 13
Principle of territoriality
1. The conditions set out in Title II shall be fulfilled without any interruption in a Contracting Party concerned.
2. If originating products exported from a Contracting Party to another country are returned, they shall be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:
(a)the products returned are the same as those which were exported; and
(b)they have not undergone any operations beyond that necessary to preserve them in good condition while in that country or while being exported.
3. The acquisition of originating status in accordance with the conditions set out in Title II shall not be affected by working or processing done outside the exporting Contracting Party on materials exported from this Contracting Party and subsequently re-imported there, provided:
(a)the said materials are wholly obtained in the exporting Contracting Party or have undergone working or processing beyond the operations referred to in Article 6 prior to being exported; and
(b)it can be demonstrated to the satisfaction of the customs authorities that:
(i) the re-imported products have been obtained by working or processing the exported materials; and
(ii) the total added value acquired outside the exporting Contracting Party by applying the provisions of this Article does not exceed 10 % of the ex-works price of the end product for which originating status is claimed.
4. For the purposes of paragraph 3 of this Article, the conditions for acquiring originating status set out in Title II shall not apply to working or processing done outside the exporting Contracting Party. However, where, in the list in Annex II, a rule setting a maximum value for all the non-originating materials incorporated is applied in determining the originating status of the end product, the total value of the non-originating materials incorporated in the territory of the exporting Contracting Party, taken together with the total added value acquired outside this Contracting Party by applying this Article, shall not exceed the stated percentage.
5. For the purposes of applying the provisions of paragraphs 3 and 4 of this Article, ‘total added value’ shall be taken to mean all costs arising outside the exporting Contracting Party, including the value of the materials incorporated there.
6. The provisions of paragraphs 3 and 4 of this Article shall not apply to products which do not fulfil the conditions set out in the list in Annex II or which can be considered sufficiently worked or processed only if the general tolerance as referred to in Article 5 is applied.
7. Any working or processing of the kind covered by the provisions of this Article and done outside the exporting Contracting Party shall be done under the outward processing arrangements, or similar arrangements.
Article 14
Non-alteration
1. The preferential treatment provided for under the relevant Agreement shall apply only to products satisfying the requirements of this Convention and declared for importation in a Contracting Party provided that those products are the same as those exported from the exporting Contracting Party. They shall not have been altered, transformed in any way or subjected to operations other than to preserve them in good condition or than adding or affixing marks, labels, seals or any documentation to ensure compliance with specific domestic requirements of the importing Contracting Party carried out under customs supervision in the third country(ies) of transit or splitting prior to being declared for home use.
2. Storage of products or consignments may take place provided they remain under customs supervision in the third country(ies) of transit.
3. Without prejudice to the provisions of Title V of this Appendix, the splitting of consignments may take place, provided they remain under customs supervision in the third country(ies) of splitting.
4. In the case of doubt, the importing Contracting Party may request the importer or its representative to submit at any time, all appropriate documents to provide evidence of compliance with the provisions of this Article, which may be given by any documentary evidence, and notably by:
(a)contractual transport documents such as bills of lading;
(b)factual or concrete evidence based on marking or numbering of packages;
(c)a certificate of non-manipulation provided by the customs authorities of the country(ies) of transit or splitting or any other documents demonstrating that the goods remained under customs supervision in the country(ies) of transit or splitting; or
(d)any evidence related to the goods themselves.
Article 15
Exhibitions
1. Originating products, sent for exhibition in a country other than with which cumulation is applicable in accordance with Articles 7 and 8 and sold after the exhibition for importation in a Contracting Party, shall benefit on importation from the provisions of the relevant agreement provided it is shown to the satisfaction of the customs authorities that:
(a)an exporter has consigned the products from a Contracting Party 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 another Contracting Party;
(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 Title V of this Appendix and submitted to the customs authorities of the importing Contracting Party in the normal manner. The name and address of the exhibition shall be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required.
3. Paragraph 1 of this Article shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.
TITLE IV
DRAWBACK OR EXEMPTION
Article 16
Drawback of, or exemption from, customs duties
1. Non-originating materials used in the manufacture of products falling within Chapters 50 to 63 of the Harmonised System originating in a Contracting Party for which a proof of origin is issued or made out in accordance with Title V of this Appendix shall not be subject in the exporting Contracting Party to drawback of, or exemption from, customs duties of whatever kind.
2. The prohibition in paragraph 1 shall apply to any arrangement for refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect, applicable in the exporting Contracting Party to materials used in the manufacture, where such refund, remission or non-payment applies, expressly or in effect, when products obtained from the said materials are exported and not when they are retained for home use there.
3. The exporter of products covered by a proof of origin shall be prepared to submit at any time, upon request from the customs authorities, all appropriate documents proving that no drawback has been obtained in respect of the non-originating materials used in the manufacture of the products concerned and that all customs duties or charges having equivalent effect applicable to such materials have actually been paid.
4. The prohibition in paragraph 1 of this Article shall not apply to trade between the Contracting Parties for products that obtained originating status by application of cumulation of origin covered by Article 7 (4) or (5).
5. The prohibition in paragraph 1 of this Article shall not apply in bilateral trade between on the one hand Switzerland (including Liechtenstein), Iceland, Norway, Türkiye or the European Union with, on the other hand, any participant in the Barcelona process other than Türkiye and Israel if the products are considered as originating in the exporting or importing Contracting Party without application of cumulation with materials originating in any of the other Contracting Parties.
6. The prohibition in paragraph 1 of this Article shall not apply in bilateral trade between the Contracting Parties being Member Countries of the Agreement setting up a free trade area among the Arab Mediterranean countries (Agadir Agreement), if the products are considered as originating in one of those countries without application of cumulation with materials originating in any of the other Contracting Parties.
TITLE V
PROOF OF ORIGIN
Article 17
General requirements
1. Products originating in one of the Contracting Parties shall, on importation into other Contracting Parties, benefit from the provisions of the relevant Agreements upon submission of one of the following proofs of origin:
(a)a movement certificate EUR.1, a specimen of which appears in Annex IV to this Appendix
(b)in the cases specified in Article 18(1), a declaration, subsequently referred to as the ‘origin declaration’ given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified; the text of the origin declaration appears in Annex III to this Appendix;
2. Notwithstanding paragraph 1 of this Article, originating products within the meaning of this Convention shall, in the cases specified in Article 27, benefit from the provisions of the relevant Agreements without it being necessary to submit any of the proofs of origin referred to in paragraph 1 of this Article.
3. Without prejudice to paragraph 1, two or more Contracting Parties may agree among them that, for the preferential trade between those Contracting Parties, proofs of origin listed in points (a) and (b) of paragraph 1 of this Article are replaced by statements on origin made out by exporters registered in an electronic database in accordance with the internal legislation of these Contracting Parties.
The use of a statement on origin made out by the exporters registered in an electronic database agreed by two or more Contracting Parties shall not impede the use of diagonal cumulation with other Contracting Parties.
4. For the purposes of paragraph 1, two or more Contracting Parties may agree among them to establish a system that allows proofs of origin listed in points (a) and (b) of paragraph 1 of this Article to be issued electronically and/or submitted electronically.
5. For the purpose of Article 7, if Article 8(4) applies, the exporter established in a Contracting Party who issues, or applies for, a proof of origin on the basis of another proof of origin which benefits from a waiver from the obligation to include the statement as otherwise required by Article 8(3) shall take all necessary steps to ensure that the conditions for applying cumulation are fulfilled and shall be prepared to submit all relevant documents to the customs authorities.
Article 18
Conditions for making out an origin declaration
1. An origin declaration as referred to in point (b) of Article 17(1) may be made out:
(a)by an approved exporter within the meaning of Article 19, or
(b)by any exporter for any consignment consisting of one or more packages containing originating products the total value of which does not exceed EUR 6000.
2. An origin declaration may be made out if the products can be considered as originating in a Contracting Party and fulfil the other requirements of this Convention.
3. The exporter making out an origin declaration shall be prepared to submit at any time, at the request of the customs authorities of the exporting Contracting Party, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Convention.
4. An origin declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annex III to this Appendix, using one of the linguistic versions set out in that Annex and in accordance with the provisions of the national law of the exporting country. If the declaration is handwritten, it shall be written in ink in printed characters.
5. Origin declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 19 shall not be required to sign such declarations provided that he gives the customs authorities of the exporting Contracting Party a written undertaking that he accepts full responsibility for any origin declaration which identifies him as if it had been signed in manuscript by him.
6. An origin declaration may be made out by the exporter when the products to which it relates are exported, or after exportation (hereafter ‘retrospective origin declaration’) on condition that it is presented in the importing country within two years after the importation of the products to which it relates.
Where the splitting of a consignment takes place in accordance with Article 14(3) and provided that the same two-year deadline is respected, the retrospective origin declaration shall be made out by the approved exporter of the Contracting Party of exportation of the products.
Article 19
Approved exporter
1. The customs authorities of the exporting Contracting Party may, subject to national requirements, authorise any exporter established in that Contracting Party (the ‘approved exporter’), to make out origin declarations irrespective of the value of the products concerned.
2. An exporter who requests such authorisation must offer, to the satisfaction of the customs authorities, all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Convention.
3. The customs authorities shall grant to the approved exporter a customs authorisation number which shall appear on the origin declaration.
4. The customs authorities shall verify the proper use of an authorisation. They may withdraw the authorisation if the approved exporter makes improper use of it and shall do so if the approved exporter no longer offers the guarantees referred to in paragraph 2 of this Article.
Article 20
Procedure for issuing of a movement certificate EUR.1
1. A movement certificate EUR.1 shall be issued by the customs authorities of the exporting Contracting Party on application having been made in writing by the exporter or, under the exporter’s responsibility, by his authorised representative.
2. For this purpose, the exporter or his authorised representative shall fill in both the movement certificate EUR.1 and the application form, specimens of which appear in the Annex IV to this Appendix. Those forms shall be completed in one of the languages in which this Convention is drawn up and in accordance with the provisions of the national law of the exporting country. If the completion of the forms is done in handwriting, they shall be completed in ink in printed characters. The description of the products shall be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line shall be drawn below the last line of the description, the empty space being crossed through.
3. The exporter applying for the issue of a movement certificate EUR.1 shall be prepared to submit at any time, at the request of the customs authorities of the exporting Contracting Party where the movement certificate EUR.1 is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Convention.
4. A movement certificate EUR.1 shall be issued by the customs authorities of the exporting Contracting Party if the products concerned can be considered as products originating and fulfil the other requirements of this Convention.
5. The customs authorities issuing movement certificates EUR.1 shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of this Convention. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter’s accounts or any other check considered appropriate. They shall also ensure that the forms referred to in paragraph 2 of this Article are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.
6. The date of issue of the movement certificate EUR.1 shall be indicated in Box 11 of the movement certificate EUR.1.
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 21
Movement certificates EUR.1 issued retrospectively
1. Notwithstanding Article 20(7), a movement certificate EUR.1 may 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;
(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;
(c)the final destination of the products concerned was not known at the time of exportation and was determined during their transportation or storage and after possible splitting of consignments in accordance with Article 14(3) or
(d)a movement certificate EUR.1 was issued on the basis of Article 8(4) and the application of Article 8(3) is required at importation in another Contracting Party.
2. For the implementation of paragraph 1 of this Article, 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 within two years from the date of exportation and only after verifying that the information supplied in the exporter’s application complies with that in the corresponding file.
4. Movement certificates EUR.1 issued retrospectively shall be endorsed with the following phrase in English: ‘ISSUED RETROSPECTIVELY’
5. The endorsement referred to in paragraph 4 shall be inserted in Box 7 of the movement certificate EUR.1.
Article 22
Issue of a duplicate movement certificate EUR.1
1. In the event of 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 in English:
‘DUPLICATE’.
3. The endorsement referred to in paragraph 2 shall be inserted in Box 7 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 23
Validity of proof of origin
1. A proof of origin shall be valid for ten months from the date of issue or making out in the exporting Contracting Party, and shall be submitted within that period to the customs authorities of the importing Contracting Party.
2. Proofs of origin which are submitted to the customs authorities of the importing Contracting Party after the period of validity mentioned in paragraph 1 may be accepted for the purpose of applying the tariff preferences, where failure to submit these documents by the final date set is due to exceptional circumstances.
3. In other cases of belated presentation, the customs authorities of the importing Contracting Party may accept the proofs of origin where the products have been presented to customs before the said final date.
Article 24
Free zones
1. The Contracting Parties shall take all necessary steps to ensure that products traded under cover of a proof of origin, which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.
2. By way of derogation from paragraph 1, when products originating in a Contracting Party are imported into a free zone under cover of a proof of origin and undergo treatment or processing, a new proof or origin may be issued or made out, if the treatment or processing undergone complies with the provisions of this Convention.
Article 25
Importation requirements
Proofs of origin shall be submitted to the customs authorities of the importing Contracting Party in accordance with the procedures applicable in that Party.
Article 26
Importation by instalments
Where, at the request of the importer and subject to the conditions laid down by the customs authorities of the importing Contracting Party, dismantled or non-assembled products within the meaning of General Rule 2(a) for the interpretation of the Harmonised System falling within Sections XVI and XVII or headings 7308 and 9406 are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities on importation of the first instalment.
Article 27
Exemptions from proof of origin
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 Convention and where there is no doubt as to the veracity of such a declaration.
2. Imports shall not be considered as imports by way of trade if all the following conditions are met:
(a)the imports are occasional;
(b)the imports consist solely of products for the personal use of the recipients or travellers or their families;
(c)it is evident from the nature and quantity of the products that no commercial purpose is in view.
3. The total value of these products shall not exceed EUR 500 in the case of small packages or EUR 1200 in the case of products forming part of travellers’ personal luggage.
Article 28
Discrepancies and formal errors
1. The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that this document does correspond to the products submitted.
2. Obvious formal errors such as typing errors on a proof of origin shall not cause the documents referred to in paragraph 1 of this Article to be rejected if those errors are not such as to create doubts concerning the correctness of the statements made in those documents.
Article 29
Supplier's declarations
1. When a movement certificate EUR.1 is issued or an origin declaration is made out in a Contracting Party for originating products, in the manufacture of which goods coming from a Contracting Party which have undergone working or processing in those Contracting Parties without having obtained preferential originating status have been used in accordance with Article 7(3) or Article 7(4) account shall be taken of the supplier's declaration given for those goods in accordance with this Article.
2. The supplier's declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in a Contracting Party by the goods concerned for the purpose of determining whether the products in the manufacture of which those goods are used, may be considered as products originating in the exporting Contracting Party and fulfil the other requirements of this Appendix.
3. A separate supplier's declaration shall, except in the cases provided in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex VI on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.
4. Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in a Contracting Party is expected to remain constant for a period of time, he may provide a single supplier's declaration to cover subsequent consignments of those goods (the "long-term supplier's declaration"). A long-term supplier's declaration may normally be valid for a period of up to two years from the date of making out the declaration. The customs authorities of the Contracting Party where the declaration is made out lay down the conditions under which longer periods may be used. The long-term supplier's declaration shall be made out by the supplier in the form prescribed in Annex VII and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by that declaration or together with his first consignment. The supplier shall inform his customer immediately if the long-term supplier's declaration is no longer applicable to the goods supplied.
5. The supplier's declarations referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages in which this Convention is drawn up, in accordance with the provisions of the national law of the Contracting Party where the declaration is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.
6. The supplier making out a declaration shall be prepared to submit at any time, at the request of the customs authorities of the Contracting Party where the declaration is made out, all appropriate documents proving that the information given on that declaration is correct.
Article 30
Amounts expressed in euro
1. For the purposes of application of the point (b) of Article 18(1) and Article 27(3) in cases where products are invoiced in a currency other than euro, amounts in the national currencies of the Contracting Parties equivalent to the amounts expressed in euro shall be fixed annually by each of the countries concerned.
2. A consignment shall benefit from the point (b) of Article 18(1) or Article 27(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 at the first working day of October. The amounts shall be communicated to the European Commission by 15 October and shall apply from 1 January the following year. The European Commission shall notify all countries concerned of the relevant amounts.
4. A country may round up or down the amount resulting from the conversion into its national currency of an amount expressed in euro. The rounded-off amount may not differ from the amount resulting from the conversion by more than 5 %. 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, prior to any rounding-off, results in an increase of less than 15 % in the national currency equivalent. The national currency equivalent may be retained unchanged if the conversion were to result in a decrease in that equivalent value.
5. The amounts expressed in euro shall be reviewed by the Joint Committee at the request of any Contracting Party. When carrying out this review, the Joint Committee shall consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euro.
Title VI
PRINCIPLES OF COOPERATION AND DOCUMENTARY EVIDENCE
Article 31
Documentary evidence, preservation of proofs of origin and supporting documents
1. An exporter who has made out an origin declaration or has applied for a movement certificate EUR.1 shall keep a hard copy or an electronic version of these proofs of origin and all documents supporting the originating status of the product, for at least three years from the date of issuance or making out of the origin declaration.
2. The supplier making out a supplier’s declaration shall keep copies of the declaration and of all the invoices, delivery notes or other commercial document to which that declaration is annexed as well as the documents referred to in Article 29(6) for at least three years.
The supplier making out a long-term supplier’s declaration shall keep copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 29(6) for at least three years. That period shall begin from the date of expiry of validity of the long-term supplier’s declaration.
3. For the purposes of paragraph 1, the documents supporting the originating status include, inter alia, the following:
(a)direct evidence of the processes carried out by the exporter or supplier to obtain the product, contained, for example, in his accounts or internal bookkeeping;
(b)documents proving the originating status of materials used, issued or made out in the relevant Contracting Party in accordance with its national legislation;
(c)documents proving the working or processing of materials in the relevant Contracting Party, made out or issued in that Contracting Party in accordance with its national legislation;
(d)origin declarations or movement certificates EUR.1 proving the originating status of materials used, made out or issued in the Contracting Parties in accordance with this Convention;
(e)appropriate evidence concerning working or processing undergone outside the Contracting Parties by application of Article 13 and 14, proving the fulfilment of the requirements of those Articles.
4. The customs authorities of the exporting Contracting Party issuing movement certificates EUR.1 shall keep the application form referred to in Article 20(2) for at least three years.
5. The customs authorities of the importing Contracting Party shall keep the origin declarations and the movement certificates EUR.1 submitted to them for at least three years.
6. Supplier's declarations proving the working or processing undergone in a Contracting Party by materials used, made out in that Contracting Party, shall be treated as a document referred to in Articles 18(3), 20(3) and 29(6) used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in that Contracting Party and fulfil the other requirements of this Appendix.
Article 32
Dispute settlement
Where disputes arise in relation to the verification procedures under Articles 34 and 35 which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out that verification, they shall be submitted to the bilateral body established by the relevant Agreement. Where disputes other than those related to the verification procedures of Articles 34 and 35 arise in relation to the interpretation of this Convention, they shall be submitted to the Joint Committee.
In all cases the settlement of disputes between the importer and the customs authorities of the importing Contracting Party shall take place in accordance with the legislation of that Contracting Party.
TITLE VII
ADMINISTRATIVE COOPERATION
Article 33
Notification and cooperation
1. The customs authorities of the Contracting Parties shall provide each other with specimen impressions of stamps used in their customs offices for the issue of movement certificates EUR.1, with the models of the authorisation numbers granted to approved exporters and with the addresses of the customs authorities responsible for verifying those certificates and origin declarations.
2. In order to ensure the proper application of this Convention, the Contracting Parties shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations, the supplier’s declarations and the correctness of the information given in those documents.
Article 34
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 Contracting Party 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 Convention.
2. When they make a request for subsequent verification, the customs authorities of the importing Contracting Party shall return the movement certificate EUR.1 and the invoice, if it has been submitted, the origin declaration, or a copy of those documents, to the customs authorities of the exporting Contracting Party giving, where appropriate, the reasons for the request for verification. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.
3. The verification shall be carried out by the customs authorities of the exporting Contracting Party. 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 Contracting Party decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.
5. The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. Those results shall indicate clearly whether the documents are authentic and whether the products concerned may be considered as products originating in one of the Contracting Parties and fulfil the other requirements of this Convention.
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.
Article 35
Verification of supplier's declarations
1. Subsequent verifications of supplier's declarations or long-term supplier's declarations may be carried out at random or whenever the customs authorities of a Contracting Party where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in that document.
2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the Contracting Party referred to in paragraph 1 shall return the supplier's declaration or the long-term supplier's declaration and invoice(s), delivery note(s) or other commercial document(s) concerning goods covered by such declaration, to the customs authorities of the country where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.
They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier's declaration or the long-term supplier's declaration is incorrect.
3. The verification shall be carried out by the customs authorities of the Contracting Party where the supplier's declaration or the long-term supplier's declaration was made out. For that purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier's accounts or any other check which they consider appropriate.
4. The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. Those results shall indicate clearly whether the information given in the supplier's declaration or the long-term supplier's declaration is correct and make it possible for them to determine whether and to what extent such declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.
Article 36
Penalties
Each Contracting Party shall provide for the imposition of criminal, civil or administrative penalties for violations of its legislation related to this Convention.
TITLE VIII
APPLICATION OF APPENDIX I
Article 37
European Economic Area
Goods originating in the European Economic Area (EEA) within the meaning of Protocol 4 to the Agreement on the European Economic Area shall be considered as originating in the European Union, Iceland, Liechtenstein or Norway (‘EEA Parties’) when exported respectively from the European Union, Iceland, Liechtenstein or Norway to a Contracting Party other than the EEA Parties, provided that free trade agreements are applicable between the importing Contracting Party and the EEA Parties.
Article 38
Liechtenstein
Without prejudice to Article 2, a product originating in Liechtenstein shall, due to the customs union between Switzerland and Liechtenstein, be considered as originating in Switzerland.
Article 39
Republic of San Marino
Without prejudice to Article 2, a product originating in the Republic of San Marino shall, due to the customs union between the European Union and the Republic of San Marino, be considered as originating in the European Union.
Article 40
Principality of Andorra
Without prejudice to Article 2, a product originating in the Principality of Andorra classified under Chapters 25 to 97 of the Harmonised System shall, due to the customs union between the European Union and the Principality of Andorra, be considered as originating in the European Union.
Article 41
Ceuta and Melilla
1. For the purposes of this Convention, the term ‘European Union’ shall not cover Ceuta and Melilla.
2. Products originating in a Contracting Party other than the European Union, when imported into Ceuta or Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the European Union under Protocol 2 of the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties 2 . The Contracting Parties other than the European Union shall grant to imports of products covered by the relevant agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the European Union.
3. For the purposes of paragraph 2 of this Article concerning products originating in Ceuta and Melilla, this Convention shall apply mutatis mutandis and subject to the special conditions set out in Annex V.
Annex I
Introductory notes to the list in Annex II
Note 1 - General introduction
The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 4 of Title II of Appendix I. There are four different types of rules, which vary according to the product:
(a)through working or processing a maximum content of non-originating materials is not exceeded;
(b)through working or processing the 4-digit Harmonised System heading or 6-digit Harmonised System subheading of the manufactured products becomes different from the 4-digit Harmonised System heading or 6-digit subheading respectively of the materials used;
(c)a specific working or processing operation is carried out;
(d)working or processing is carried out on certain wholly obtained materials.
Note 2 - The structure of the list
2.1.The first two columns in the list describe the product obtained. The column (1) gives the heading number or chapter number used in the Harmonised System and the column (2) gives the description of goods used in that system for that heading or chapter. For each entry in the first two columns, a rule is specified in column (3). Where, in some cases, the entry in the column (1) is preceded by an ‘ex’, this signifies that the rules in column (3) apply only to the part of that heading as described in column (2).
2.2.Where several heading numbers are grouped together in column (1) or a chapter number is given and the description of products in column (2) is therefore given in general terms, the adjacent rules in column (3) apply to all products which, under the Harmonised System, are classified in headings of the chapter or in any of the headings grouped together in column (1).
2.3.Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in column (3).
2.4.Where two alternative rules are set out in column (3), separated by ‘or’, it is at the choice of the exporter which one to use.
Note 3 - Examples of how to apply the rules
3.1.Article 4 of Title II of Appendix I, concerning products having obtained originating status which are used in the manufacture of other products, shall apply, regardless of whether that status has been obtained inside the factory where those products are used or in another factory in a Contracting Party.
3.2.Pursuant to Article 6 of Title II of Appendix I, the working or processing carried out must go beyond the list of operations mentioned in that Article. If it does not, the goods shall not qualify for the granting of the benefit of preferential tariff treatment, even if the conditions set out in the list below are met.
Subject to Article 6 of Title II of Appendix I, the rules in the list represent the minimum amount of working or processing required, and the carrying-out of more working or processing also confers originating status; conversely, the carrying-out of less working or processing cannot confer originating status.
Thus, if a rule provides that non-originating material, at a certain level of manufacture, may be used, the use of such material at an earlier stage of manufacture is allowed, and the use of such material at a later stage is not.
If a rule provides that non-originating material, at a certain level of manufacture, may not be used, the use of materials at an earlier stage of manufacture is allowed, and the use of materials at a later stage is not.
Example: when the list-rule for Chapter 19 requires that ‘non-originating materials of headings 1101 to 1108 cannot exceed 20 % weight’, the use (i.e. importation) of cereals of Chapter 10 (materials at an earlier stage of manufacture) is not limited.
3.3.Without prejudice to Note 3.2, where a rule uses the expression ‘Manufacture from materials of any heading’, then materials of any heading(s) (even materials of the same description and heading as the product) may be used, subject, however, to any specific limitations which may also be contained in the rule.
However, the expression ‘Manufacture from materials of any heading, including other materials of heading …’ or ‘Manufacture from materials of any heading, including other materials of the same heading as the product’ means that materials of any heading(s) may be used, except those of the same description as the product as given in column (2) of the list.
3.4.When a rule in the list specifies that a product may be manufactured from more than one material, this means that one or more materials may be used. It does not require that all be used.
3.5.Where a rule in the list specifies that a product must be manufactured from a particular material, the condition does not prevent the use of other materials which, because of their inherent nature, cannot satisfy this.
3.6.Where, in a rule in the list, two percentages are given for the maximum value of non‑originating materials that can be used, then those percentages may not be added together. In other words, the maximum value of all the non-originating materials used may never exceed the higher of the percentages given. Furthermore, the individual percentages shall not be exceeded, in relation to the particular materials to which they apply.
Note 4 - General provisions concerning certain agricultural goods
4.1.Agricultural goods falling within Chapters 6, 7, 8, 9, 10, 12 and heading 2401 which are grown or harvested in the territory of a Contracting Party shall be treated as originating in the territory of that Contracting Party, even if grown from imported seeds, bulbs, rootstock, cuttings, grafts, shoots, buds, or other live parts of plants.
4.2.In cases where the content of non-originating sugar in a given product is subject to limitations, the weight of sugars of headings 1701 (sucrose) and 1702 (e.g., fructose, glucose, lactose, maltose, isoglucose or invert sugar) used in the manufacture of the final product and used in the manufacture of the non-originating products incorporated in the final product is taken into account for the calculation of such limitations.
Note 5 - Terminology used in respect of certain textile products
5.1.The term ‘natural fibres’ is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres which have been carded, combed or otherwise processed, but not spun.
5.2.The term ‘natural fibres’ includes horsehair of heading 0511, silk of headings 5002 and 5003, as well as wool-fibres and fine or coarse animal hair of headings 5101 to 5105, cotton fibres of headings 5201 to 5203, and other vegetable fibres of headings 5301 to 5305.
5.3.The terms ‘textile pulp’, ‘chemical materials’ and ‘paper-making materials’ are used in the list to describe the materials, not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.
5.4.The term ‘man-made staple fibres’ is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings 5501 to 5507.
5.5.Printing (when combined with Weaving, Knitting/Crocheting, Tufting or Flocking) is defined as a technique by which an objectively assessed function, like colour, design, technical performance, is given to a textile substrate with a permanent character, using screen, roller, digital or transfer techniques.
5.6.Printing (as standalone operation) is defined as a technique by which an objectively assessed function, like colour, design, technical performance, is given to a textile substrate with a permanent character, using screen, roller, digital or transfer techniques combined with at least two preparatory/finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of all the materials used does not exceed 50 % of the ex‑works price of the product.
Note 6 - Tolerances applicable to products made of a mixture of textile materials
6.1.Where, for a given product in the list, reference is made to this Note, the conditions set out in column (3) shall not be applied to any basic textile materials used in the manufacture of that product and which, taken together, represent 15 % or less of the total weight of all the basic textile materials used (See also Notes 6.3 and 6.4).
6.2.However, the tolerance mentioned in Note 6.1 may be applied only to mixed products which have been made from two or more basic textile materials.
The following are the basic textile materials:
–silk;
–wool;
–coarse animal hair;
–fine animal hair;
–horsehair;
–cotton;
–paper-making materials and paper;
–flax;
–true hemp;
–jute and other textile bast fibres;
–sisal and other textile fibres of the genus Agave;
–coconut, abaca, ramie and other vegetable textile fibres;
–synthetic man-made filament fibres of polypropylene;
–synthetic man-made filament fibres of polyester;
–synthetic man-made filament fibres of polyamide;
–synthetic man-made filament fibres of polyacrylonitrile;
–synthetic man-made filament fibres of polyimide;
–synthetic man-made filament fibres of polytetrafluoroethylene;
–synthetic man-made filament fibres of poly(phenylene sulphide);
–synthetic man-made filament fibres of poly(vinyl chloride);
–other synthetic man-made filament fibres;
–artificial man-made filament fibres of viscose;
–other artificial man-made filament fibres;
–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 poly(phenylene sulphide);
–synthetic man-made staple fibres of poly(vinyl 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;
–products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film;
–other products of heading 5605;
–glass fibres;
–metal fibres;
–mineral fibres.
6.3.In the case of products incorporating ‘yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped’, this tolerance is 20 % in respect of this yarn.
6.4.In the case of products incorporating ‘strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film’, this tolerance is 30 % in respect of this strip.
Note 7 - Other tolerances applicable to certain textile products
7.1.Where, in the list, reference is made to this Note, textile materials (with the exception of linings and interlinings) which do not satisfy the rule set out in the list in column (3) for the made-up product concerned may be used, provided that they are classified in a heading other than that of the product and that their value does not exceed 15 % of the ex-works price of the product.
7.2.Without prejudice to Note 7.3, materials which are not classified within Chapters 50 to 63 may be used freely in the manufacture of textile products, whether or not they contain textiles.
7.3.Where a percentage rule applies, the value of non-originating materials which are not classified within Chapters 50 to 63 must be taken into account when calculating the value of the non-originating materials incorporated.
Note 8 - Definition of specific processes and simple operations carried out in respect of certain products of Chapter 27
8.1.For the purposes of headings ex 2707 and 2713, the ‘specific processes’ are the following:
(a)vacuum-distillation;
(b)redistillation by a very thorough fractionation process;
(c)cracking;
(d)reforming;
(e)extraction by means of selective solvents;
(f)the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;
(g)polymerisation;
(h)alkylation;
(i)isomerisation.
8.2.For the purposes of headings 2710, 2711 and 2712, the ‘specific processes’ are the following:
(a)vacuum-distillation;
(b)redistillation by a very thorough fractionation process;
(c)cracking;
(d)reforming;
(e)extraction by means of selective solvents;
(f)the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;
(g)polymerisation;
(h)alkylation;
(i)isomerisation;
(j)in respect of heavy oils of heading ex 2710 only, desulphurisation with hydrogen, resulting in a reduction of at least 85 % of the sulphur content of the products processed (ASTM D 1266-59 T method);
(k)in respect of products of heading 2710 only, deparaffining by a process other than filtering;
(l)in respect of heavy oils of heading ex 2710 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 °C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment, with hydrogen, of lubricating oils of heading ex 2710 (e.g. hydrofinishing or decolourisation), in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;
(m)in respect of fuel oils of heading ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C, by the ASTM D 86 method;
(n)in respect of heavy oils other than gas oils and fuel oils of heading ex 2710 only, treatment by means of a high-frequency electrical brush discharge;
(o)in respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0.75 % of oil) of heading ex 2712 only, de-oiling by fractional crystallisation.
8.3.For the purposes of headings ex 2707 and 2713, simple operations, such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur contents, or any combination of those operations or like operations, do not confer origin.
Note 9 - Definition of specific processes and operations carried out in respect of certain products
9.1. Products falling within Chapter 30 obtained in a Contracting Party by using cell cultures, shall be considered as originating in that Party. "Cell culture" is defined as the cultivation of human, animal and plant cells under controlled conditions (such as defined temperatures, growth medium, gas mixture, pH) outside a living organism.
9.2.Products falling within Chapters 29 (except for: 2905.43-2905.44), 30, 32, 33 (except for: 3302.10, 3301) 34, 35 (except for: 35.01, 3502.11-3502.19, 3502.20, 35.05), 36, 37, 38 (except for: 3809.10, 38.23, 3824.60, 38.26) and 39 (except for: 39.16-39.26) obtained in a Contracting Party by fermentation shall be considered as originating in that Party. "Fermentation" is a biotechnological process in which human, animal, plant cells, bacteria, yeasts, fungi or enzymes are used to produce products falling within Chapters 29 to 39.
9.3. The following processing operations are considered sufficient in accordance with paragraph 1 of Article 4 for products falling within Chapters 28, 29 (except for: 2905.43-2905.44), 30, 32, 33 (except for: 3302.10, 3301) 34, 35 (except for: 35.01, 3502.11-3502.19, 3502.20, 35.05), 36, 37, 38 (except for: 3809.10, 38.23, 3824.60, 38.26) and 39 (except for: 39.16-39.26):
–Chemical reaction: A ‘chemical reaction’ is a process (including a biochemical process) which results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule. A chemical reaction may be expressed by a change of the ‘CAS number’.
The following processes should not be considered for purposes of origin: (a) dissolving in water or other solvents; (b) the elimination of solvents, including solvent water; or (c) the addition or elimination of water of crystallization. A chemical reaction as defined above is to be considered as origin conferring.
–Mixtures and Blends: The deliberate and proportionally controlled mixing or blending (including dispersing) of materials, other than the addition of diluents, to conform to predetermined specifications which results in the production of a good having physical or chemical characteristics which are relevant to the purposes or uses of the good and are different from the input materials is to be considered to be as origin conferring.
–Purification: Purification is to be considered as origin conferring provided that purification occurring in the territory of the Contracting Parties results in one of the following criteria being satisfied:
(a)purification of a good resulting in the elimination of at least 80 % of the content of existing impurities; or
(b)the reduction or elimination of impurities resulting in a good suitable for one or more of the following applications:
(i)pharmaceutical, medicinal, cosmetic, veterinary, or food grade substances;
(ii)chemical products and reagents for analytical, diagnostic or laboratory uses;
(iii)elements and components for use in micro-electronics;
(iv)specialised optical uses;
(v)biotechnical use (e.g., in cell culturing, in genetic technology, or as a catalyst);
(vi)carriers used in a separation process; or
(vii)nuclear grade uses.
–Change in particle size: The deliberate and controlled modification in particle size of a good, other than by merely crushing or pressing, resulting in a good having a defined particle size, defined particle size distribution or defined surface area which is relevant to the purposes of the resulting good and having different physical or chemical characteristics from the input materials is to be considered as origin conferring.
–Standard materials: Standard materials (including standard solutions) are preparations suitable for analytical, calibrating or referencing uses having precise degrees of purity or proportions which are certified by the manufacturer. The production of standard materials is to be considered as origin conferring.
–Isomer separation: The isolation or separation of isomers from a mixture of isomers is to be considered as origin conferring.
Annex II
List of working or processing required to be carried out on non-originating materials in order for the product manufactured to obtain originating status
|
Heading |
Description of product |
Working or processing, carried out on non‑originating materials,
|
|
(1) |
(2) |
(3) |
|
Chapter 1 |
Live animals |
All the animals of Chapter 1 shall be wholly obtained |
|
Chapter 2 |
Meat and edible meat offal |
Manufacture in which all the meat and edible meat offal in the products of this Chapter is wholly obtained |
|
Chapter 3 |
Fish and crustaceans, molluscs and other aquatic invertebrates |
Manufacture in which all the materials of Chapter 3 used are wholly obtained |
|
Chapter 4 |
Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included |
Manufacture in which all the materials of Chapter 4 used are wholly obtained |
|
ex Chapter 5 |
Products of animal origin, not elsewhere specified or included; except for: |
Manufacture from materials of any heading |
|
ex 0511 91 |
Inedible fish eggs and roes |
All the eggs and roes are wholly obtained |
|
Chapter 6 |
Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage |
Manufacture in which all the materials of Chapter 6 used are wholly obtained |
|
Chapter 7 |
Edible vegetables and certain roots and tubers |
Manufacture in which all the materials of Chapter 7 used are wholly obtained |
|
Chapter 8 |
Edible fruit and nuts; peel of citrus fruits or melons |
Manufacture in which all the fruit, nuts and peels of citrus fruits or melons of Chapter 8 used are wholly obtained |
|
Chapter 9 |
Coffee, tea, maté and spices |
Manufacture from materials of any heading |
|
Chapter 10 |
Cereals |
Manufacture in which all the materials of Chapter 10 used are wholly obtained |
|
Chapter 11 |
Products of the milling industry; malt; starches; inulin; wheat gluten |
Manufacture in which all the materials of Chapters 8, 10 and 11, headings 0701, 0714, 2302 and 2303, and subheading 0710 10 used are wholly obtained |
|
Chapter 12 |
Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder |
Manufacture from materials of any heading, except that of the product |
|
ex Chapter 13 |
Lac; gums, resins and other vegetable saps and extracts; except for: |
Manufacture from materials of any heading |
|
ex 1302 |
Pectic substances, pectinates and pectates |
Manufacture from materials of any heading and in which the weight of sugar used does not exceed 40 % of the weight of the final product |
|
Chapter 14 |
Vegetable plaiting materials; vegetable products not elsewhere specified or included |
Manufacture from materials of any heading |
|
ex Chapter 15 |
Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes; except for: |
Manufacture from materials of any heading, except that of the product |
|
1504 to 1506 |
Fats and oils and their fractions, of fish or marine mammals; wool grease and fatty substances derived therefrom (including lanolin); other animal fats and oils and their fractions, whether or not refined, but not chemically modified |
Manufacture from materials of any heading |
|
1508 |
Groundnut oil and its fractions, whether or not refined, but not chemically modified |
Manufacture from materials of any subheading, except that of the product |
|
1509 and 1510 |
Olive oil and its fractions |
Manufacture in which all the vegetable materials used are wholly obtained |
|
1511 |
Palm oil and its fractions, whether or not refined, but not chemically modified |
Manufacture from materials of any subheading, except that of the product |
|
ex 1512 |
Sunflower seed oils and their fractions: |
|
|
- for technical or industrial uses other than the manufacture of foodstuffs for human consumption |
Manufacture from materials of any heading, except that of the product |
|
|
- other |
Manufacture in which all the vegetable materials used are wholly obtained |
|
|
1515 |
Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified |
Manufacture from materials of any subheading, except that of the product |
|
ex 1516 |
Fats and oils and their fractions, of fish |
Manufacture from materials of any heading |
|
1520 |
Glycerol, crude; glycerol waters and glycerol lyes |
Manufacture from materials of any heading |
|
Chapter 16 |
Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates |
Manufacture in which all the materials of Chapter 2, 3 and 16 used are wholly obtained |
|
ex Chapter 17 |
Sugars and sugar confectionery; except for: |
Manufacture from materials of any heading, except that of the product |
|
1702 |
Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel: |
|
|
- Chemically-pure maltose and fructose |
Manufacture from materials of any heading, including other materials of heading 1702 |
|
|
- Other |
Manufacture from materials of any heading, except that of the product, in which the weight of the materials of heading 1101 to 1108, 1701 and 1703 used does not exceed 30 % of the weight of the final product |
|
|
1704 |
Sugar confectionery (including white chocolate), not containing cocoa |
Manufacture from materials of any heading, except that of the product, in which: – the weight of sugar used does not exceed 40 % of the weight of the final product or – the value of sugar used does not exceed 30 % of the ex‑works price of the product |
|
ex Chapter 18 |
Cocoa and cocoa preparations; except for: |
Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product |
|
ex 1806 |
Chocolate and other food preparations containing cocoa; except for: |
Manufacture from materials of any heading, except that of the product, in which: – the weight of sugar used does not exceed 40 % of the weight of the final product or – the value of sugar used does not exceed 30 % of the ex‑works price of the product |
|
1806 10 |
Cocoa powder, containing added sugar or other sweetening matters |
Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product |
|
1901 |
Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: |
|
|
- Malt extract |
Manufacture from cereals of Chapter 10 |
|
|
- Other |
Manufacture from materials of any heading, except that of the product, in which the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product |
|
|
1902 |
Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared |
Manufacture from materials of any heading, except that of the product, in which: – the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and – the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the final product |
|
1903 |
Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms |
Manufacture from materials of any heading, except potato starch of heading 1108 |
|
1904 |
Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included |
Manufacture from materials of any heading, except that of the product, in which: – the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and – the weight of sugar used does not exceed 40 % of the weight of the final product |
|
1905 |
Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products |
Manufacture from materials of any heading, except that of the product, in which the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product |
|
ex Chapter 20 |
Preparations of vegetables, fruit, nuts or other parts of plants; except for: |
Manufacture from materials of any heading, except that of the product |
|
2002 and 2003 |
Tomatoes, mushrooms and truffles prepared or preserved otherwise than by vinegar or acetic acid |
Manufacture from materials of any heading, except that of the product, in which all the materials of Chapter 7 used are wholly obtained |
|
2006 |
Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallized) |
Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product |
|
2007 |
Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter |
Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product |
|
ex 2008 |
Products, other than: - Nuts, not containing added sugar or spirits - Peanut butter; mixtures based on cereals; palm hearts; maize (corn) - Fruit and nuts cooked otherwise than by steaming or boiling in water, not containing added sugar, frozen |
Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product |
|
2009 |
Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter |
Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product |
|
ex Chapter 21 |
Miscellaneous edible preparations; except for: |
Manufacture from materials of any heading, except that of the product |
|
2103 |
- Sauces and preparations therefor; mixed condiments and mixed seasonings |
Manufacture from materials of any heading, except 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 |
|
|
2105 |
Ice cream and other edible ice, whether or not containing cocoa |
Manufacture from materials of any heading, except that of the product, in which: – the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product and – the total combined weight of sugar and of the materials of Chapter 4 used does not exceed 60 % of the weight of the final product |
|
2106 |
Food preparations not elsewhere specified or included |
Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product |
|
ex Chapter 22 |
Beverages, spirits and vinegar; except for: |
Manufacture from materials of any heading, except that of the product, in which all the materials of subheadings 0806 10, 2009 61, 2009 69 used are wholly obtained |
|
2202 |
Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 |
Manufacture from materials of any heading, except that of the product |
|
2207 and 2208 |
Undenatured ethyl alcohol of an alcoholic strength by volume of higher or less than 80 % vol; spirits, liqueurs and other spirituous beverages |
Manufacture from materials of any heading, except heading 2207 or 2208, in which all the materials of subheadings 0806 10, 2009 61, 2009 69 used are wholly obtained |
|
ex Chapter 23 |
Residues and waste from the food industries; prepared animal fodder; except for: |
Manufacture from materials of any heading, except that of the product |
|
2309 |
Preparations of a kind used in animal feeding |
Manufacture in which: – all the materials of Chapters 2 and 3 used are wholly obtained, – the weight of materials of Chapters 10 and 11 and headings 2302 and 2303 used does not exceed 20 % of the weight of the final product, – the individual weight of sugar and the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and – the total combined weight of sugar and the materials of Chapter 4 used does not exceed 50 % of the weight of the final product |
|
ex Chapter 24 |
Tobacco and manufactured tobacco substitutes; except for: |
Manufacture from materials of any heading in which the weight of materials of heading 2401 does not exceed 30 % of the total weight of materials of Chapter 24 used |
|
2401 |
Unmanufactured tobacco; tobacco refuse |
Manufacture in which all materials of heading 2401 are wholly obtained |
|
ex 2402 |
Cigarettes, of tobacco or of tobacco substitutes |
Manufacture from materials of any heading, except that of the product and of smoking tobacco of subheading 2403 19, in which at least 10 % by weight of all materials of heading 2401 used is wholly obtained |
|
ex 2403 |
Products intended for inhalation through heated delivery or other means, without combustion |
Manufacture from materials of any heading, except that of the product, in which at least 10 % by weight of all materials of heading 2401 used is wholly obtained |
|
ex Chapter 25 |
Salt; sulphur; earths and stone; plastering materials, lime and cement; except for: |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product |
|
ex 2519 |
Crushed natural magnesium carbonate (magnesite), in hermetically-sealed containers, and magnesium oxide, whether or not pure, other than fused magnesia or dead-burned (sintered) magnesia |
Manufacture from materials of any heading, except that of the product. However, natural magnesium carbonate (magnesite) may be used |
|
Chapter 26 |
Ores, slag and ash |
Manufacture from materials of any heading, except that of the product |
|
ex Chapter 27 |
Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes; except for: |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
ex 2707 |
Oils in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents, being oils similar to mineral oils obtained by distillation of high temperature coal tar, of which more than 65 % by volume distils at a temperature of up to 250 °C (including mixtures of petroleum spirit and benzole), for use as power or heating fuels |
Operations of refining and/or one or more specific process(es)(1) or Other operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex‑works price of the product |
|
2710 |
Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils |
Operations of refining and/or one or more specific process(es)(1) or Other operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex‑works price of the product |
|
2711 |
Petroleum gases and other gaseous hydrocarbons |
Operations of refining and/or one or more specific process(es)(1) or Other operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex‑works price of the product |
|
2712 |
Petroleum jelly; paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, and similar products obtained by synthesis or by other processes, whether or not coloured |
Operations of refining and/or one or more specific process(es)(1) or Other operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex‑works price of the product |
|
2713 |
Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals |
Operations of refining and/or one or more specific process(es)(1) or Other operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex‑works price of the product |
|
Chapter 28 |
Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes |
Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
ex Chapter 29 |
Organic chemicals; except for: |
Specific process(es)(4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
ex 2901 |
Acyclic hydrocarbons for use as power or heating fuels |
Specific process(es)(4) or Operations of refining and/or one or more specific process(es)(1) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product |
|
ex 2902 |
Cyclanes and cyclenes (other than azulenes), benzene, toluene, xylenes, for use as power or heating fuels |
Specific process(es)(4) or Operations of refining and/or one or more specific process(es)(1) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product |
|
ex 2905 |
Metal alcoholates of alcohols of this heading and of ethanol |
Specific process(es)(4) or Manufacture from materials of any heading, including other materials of heading 2905. However, metal alcoholates of this heading may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 30 |
Pharmaceutical products |
Specific process(es)(4) or Manufacture from materials of any heading |
|
Chapter 31 |
Fertilizers |
Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 32 |
Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks |
Specific process(es)(4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 33 |
Essential oils and resinoids; perfumery, cosmetic or toilet preparations |
Specific process(es)(4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 34 |
Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster |
Specific process(es)(4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 35 |
Albuminoidal substances; modified starches; glues; enzymes |
Specific process(es)(4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product |
|
Chapter 36 |
Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations |
Specific process(es)(4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 37 |
Photographic or cinematographic goods |
Specific process(es)(4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
ex Chapter 38 |
Miscellaneous chemical products; except for: |
Specific process(es)(4) or Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
ex 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: |
Specific process(es)(4) or |
|
- Prepared additives for lubricating oil, containing petroleum oils or oils obtained from bituminous minerals |
Manufacture in which the value of all the materials of heading 3811 used does not exceed 50 % of the ex-works price of the product |
|
|
ex 3824 99 and ex 3826 00 |
Biodiesel |
Manufacture in which biodiesel is obtained through transesterification and/or esterification or through hydro‑treatment |
|
Chapter 39 |
Plastics and articles thereof |
Specific process(es)(4) or Manufacture from materials of any heading, except that of the product. However, materials of the same subheading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
ex Chapter 40 |
Rubber and articles thereof; except for: |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
ex 4012 |
Retreaded pneumatic, solid or cushion tyres, of rubber |
Retreading of used tyres |
|
ex Chapter 41 |
Raw hides and skins (other than furskins) and leather; except for: |
Manufacture from materials of any heading, except that of the product |
|
4104 to 4106 |
Tanned or crust hides and skins, without wool or hair on, whether or not split, but not further prepared |
Re-tanning of tanned leather or Manufacture from materials of any heading, except that of the product |
|
Chapter 42 |
Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut) |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
ex Chapter 43 |
Furskins and artificial fur; manufactures thereof; except for: |
Manufacture from materials of any heading, except that of the product |
|
ex 4302 |
Tanned or dressed furskins, assembled: |
|
|
- Plates, crosses and similar forms. |
Bleaching or dyeing, in addition to cutting and assembly of non‑assembled tanned or dressed furskins |
|
|
- Other |
Manufacture from non-assembled, tanned or dressed furskins |
|
|
4303 |
Articles of apparel, clothing accessories and other articles of furskin |
Manufacture from non-assembled tanned or dressed furskins of heading 4302 |
|
ex Chapter 44 |
Wood and articles of wood; wood charcoal; except for: |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
ex 4407 |
Wood sawn or chipped lengthwise, sliced or peeled, of a thickness exceeding 6 mm, planed, sanded or end‑jointed |
Planing, sanding or end-jointing |
|
ex 4408 |
Sheets for veneering (including those obtained by slicing laminated wood) and for plywood, of a thickness not exceeding 6 mm, spliced, and other wood sawn lengthwise, sliced or peeled of a thickness not exceeding 6 mm, planed, sanded or end-jointed |
Splicing, planing, sanding or end‑jointing |
|
ex 4410 to ex 4413 |
Beadings and mouldings, including moulded skirting and other moulded boards |
Beading or moulding |
|
ex 4415 |
Packing cases, boxes, crates, drums and similar packings, of wood |
Manufacture from boards not cut to size |
|
ex 4418 |
- Builders’ joinery and carpentry of wood |
Manufacture from materials of any heading, except that of the product. However, cellular wood panels, shingles and shakes may be used |
|
- Beadings and mouldings |
Beading or moulding |
|
|
ex 4421 |
Match splints; wooden pegs or pins for footwear |
Manufacture from wood of any heading, except drawn wood of heading 4409 |
|
Chapter 45 |
Cork and articles of cork |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 46 |
Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 47 |
Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 48 |
Paper and paperboard; articles of paper pulp, of paper or of paperboard |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 49 |
Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans |
Manufacture from materials of any heading except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
ex Chapter 50 |
Silk; except for: |
Manufacture from materials of any heading, except that of the product |
|
ex 5003 |
Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), carded or combed |
Carding or combing of silk waste |
|
5004 to ex 5006 |
Silk yarn and yarn spun from silk waste |
(2) Spinning of natural fibres or Extrusion of man-made continuous filament combined with spinning or Extrusion of man-made continuous filament combined with twisting or Twisting combined with any mechanical operation |
|
5007 |
Woven fabrics of silk or of silk waste |
(2) Spinning of natural and/or man-made staple fibres combined with weaving or Extrusion of man-made filament yarn combined with weaving or Twisting or any mechanical operation combined with weaving or Weaving combined with dyeing or Yarn dyeing combined with weaving or Weaving combined with printing or Printing (as standalone operation) |
|
ex Chapter 51 |
Wool, fine or coarse animal hair; horsehair yarn and woven fabric; except for: |
Manufacture from materials of any heading, except that of the product |
|
5106 to 5110 |
Yarn of wool, of fine or coarse animal hair or of horsehair |
(2) Spinning of natural fibres or Extrusion of man-made fibres combined with spinning or Twisting combined with any mechanical operation |
|
5111 to 5113 |
Woven fabrics of wool, of fine or coarse animal hair or of horsehair: |
(2) Spinning of natural and/or man-made staple fibres combined with weaving or Extrusion of man-made filament yarn combined with weaving or Weaving combined with dyeing or Yarn dyeing combined with weaving or Weaving combined with printing or Printing (as standalone operation) |
|
ex Chapter 52 |
Cotton; except for: |
Manufacture from materials of any heading, except that of the product |
|
5204 to 5207 |
Yarn and thread of cotton |
(2) Spinning of natural fibres or Extrusion of man-made fibres combined with spinning or Twisting combined with any mechanical operation |
|
5208 to 5212 |
Woven fabrics of cotton |
(2) Spinning of natural and/or man-made staple fibres combined with weaving or Extrusion of man-made filament yarn combined with weaving or Twisting or any mechanical operation combined with weaving or Weaving combined with dyeing or with coating or with laminating or Yarn dyeing combined with weaving or Weaving combined with printing or Printing (as standalone operation) |
|
ex Chapter 53 |
Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn; except for: |
Manufacture from materials of any heading, except that of the product |
|
5306 to 5308 |
Yarn of other vegetable textile fibres; paper yarn |
(2) Spinning of natural fibres or Extrusion of man-made fibres combined with spinning or Twisting combined with any mechanical operation |
|
5309 to 5311 |
Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn: |
(2) Spinning of natural and/or man-made staple fibres combined with weaving or Extrusion of man-made filament yarn combined with weaving or Weaving combined with dyeing or with coating or with laminating or Yarn dyeing combined with weaving or Weaving combined with printing or Printing (as standalone operation) |
|
5401 to 5406 |
Yarn, monofilament and thread of man-made filaments |
(2) Spinning of natural fibres or Extrusion of man-made fibres combined with spinning or Twisting combined with any mechanical operation |
|
5407 and 5408 |
Woven fabrics of man-made filament yarn |
(2) Spinning of natural and/or man-made staple fibres combined with weaving or Extrusion of man-made filament yarn combined with weaving or Twisting or any mechanical operation combined with weaving or Yarn dyeing combined with weaving or Weaving combined with dyeing or with coating or with laminating or Weaving combined with printing or Printing (as standalone operation) |
|
5501 to 5507 |
Man-made staple fibres |
Extrusion of man-made fibres |
|
5508 to 5511 |
Yarn and sewing thread of man-made staple fibres |
(2) Spinning of natural fibres or Extrusion of man-made fibres combined with spinning or Twisting combined with any mechanical operation |
|
5512 to 5516 |
Woven fabrics of man-made staple fibres: |
(2) Spinning of natural and/or man-made staple fibres combined with weaving or Extrusion of man-made filament yarn combined with weaving or Twisting or any mechanical operation combined with weaving or Weaving combined with dyeing or with coating or with laminating or Yarn dyeing combined with weaving or Weaving combined with printing or Printing (as standalone operation) |
|
ex Chapter 56 |
Wadding, felt and non-wovens; special yarns; twine, cordage, ropes and cables and articles thereof; except for: |
(2) Spinning of natural fibres or Extrusion of man-made fibres combined with spinning |
|
5601 |
Wadding of textile materials and articles thereof; textile fibres, not exceeding 5 mm in length (flock), textile dust and mill neps |
Spinning of natural fibres or Extrusion of man-made fibres combined with spinning or Flocking combined with dyeing or printing or Coating, flocking, laminating, or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
5602 |
Felt, whether or not impregnated, coated, covered or laminated: |
|
|
- Needleloom felt |
(2) Extrusion of man-made fibres combined with fabric formation. However: – polypropylene filament of heading 5402, – polypropylene fibres of heading 5503 or 5506, or – polypropylene filament tow of heading 5501, of which the denomination in all cases of a single filament or fibre is less than 9 decitex, may be used, provided that their total value does not exceed 40 % of the ex-works price of the product or Non-woven fabric formation alone in the case of felt made from natural fibres |
|
|
- Other |
(2) Extrusion of man-made fibres combined with fabric formation or Non-woven fabric formation alone in the case of other felt made from natural fibres |
|
|
5603 |
Nonwovens whether or not impregnated, coated, covered or laminated |
|
|
560311 to 560314 |
Nonwovens whether or not impregnated, coated, covered or laminated of man-made filaments |
Manufacture from – directionally or randomly oriented filaments or – substances or polymers of natural or man-made origin, followed in both cases by bonding into a nonwoven |
|
560391 to 560394 |
Nonwovens whether or not impregnated, coated, covered or laminated, other than of man-made filaments |
Manufacture from – directionally or randomly oriented staple fibres and/or – chopped yarns, of natural or man-made origin, followed in both by bonding into a nonwoven |
|
5604 |
Rubber thread and cord, textile covered; textile yarn, and strip and the like of heading 5404 or 5405, impregnated, coated, covered or sheathed with rubber or plastics: |
|
|
- Rubber thread and cord, textile covered |
Manufacture from rubber thread or cord, not textile covered |
|
|
- Other |
(2) Spinning of natural fibres or Extrusion of man-made fibres combined with spinning or Twisting combined with any mechanical operation |
|
|
5605 |
Metallised yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the form of thread, strip or powder or covered with metal |
(2) Spinning of natural and/or man-made staple fibres or Extrusion of man-made fibres combined with spinning or Twisting combined with any mechanical operation |
|
5606 |
Gimped yarn, and strip and the like of heading 5404 or 5405, gimped (other than those of heading 5605 and gimped horsehair yarn); chenille yarn (including flock chenille yarn); loop wale‑yarn |
(2) Extrusion of man-made fibres combined with spinning or Twisting combined with gimping or Spinning of natural and/or man-made staple fibres or Flocking combined with dyeing |
|
Chapter 57 |
Carpets and other textile floor coverings: |
(2) Spinning of natural and/or man-made staple fibres combined with weaving or with tufting or Extrusion of man-made filament yarn combined with weaving or with tufting or Manufacture from coir yarn or sisal yarn or jute yarn or classical ring spun viscose yarn or Tufting combined with dyeing or with printing or Tufting or weaving of man-made filament yarn combined with coating or with laminating the product or Flocking combined with dyeing or with printing or Extrusion of man-made fibres combined with non-woven techniques including needle punching Jute fabric may be used as a backing |
|
ex Chapter 58 |
Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery; except for: |
(2) Spinning of natural and/or man-made staple fibres combined with weaving or tufting or Extrusion of man-made filament yarn combined with weaving or with tufting or Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing or Tufting combined with dyeing or with printing or Flocking combined with dyeing or with printing or Yarn dyeing combined with weaving or Weaving combined with printing or Printing (as standalone operation) |
|
5805 |
Hand-woven tapestries of the types Gobelins, Flanders, Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made up |
Manufacture from materials of any heading, except that of the product |
|
5810 |
Embroidery in the piece, in strips or in motifs |
Embroidering in which the value of all the materials of any heading, except that of the product, used does not exceed 50 % of the ex-works price of the product |
|
5901 |
Textile fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books or the like; tracing cloth; prepared painting canvas; buckram and similar stiffened textile fabrics of a kind used for hat foundations |
Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing or Flocking combined with dyeing or with printing |
|
5902 |
Tyre cord fabric of high tenacity yarn of nylon or other polyamides, polyesters or viscose rayon: |
|
|
- Containing not more than 90 % by weight of textile materials |
Weaving |
|
|
- Other |
Extrusion of man-made fibres combined with weaving |
|
|
5903 |
Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902 |
Weaving combined with impregnating or with coating or with covering or with laminating or with metalizing or Weaving combined with printing or Printing (as standalone operation) |
|
5904 |
Linoleum, whether or not cut to shape; floor coverings consisting of a coating or covering applied on a textile backing, whether or not cut to shape |
(2) Weaving combined with dyeing or with coating or with laminating or with metalizing Jute fabric may be used as a backing. |
|
5905 |
Textile wall coverings: - Impregnated, coated, covered or laminated with rubber, plastics or other materials |
Weaving, knitting or non-woven fabric formation combined with impregnating or with coating or with covering or with laminating or with metalizing |
|
- Other |
(2) Spinning of natural and/or man-made staple fibres combined with weaving or Extrusion of man-made filament yarn combined with weaving or Weaving, knitting or non-woven fabric formation combined with dyeing or with coating or with laminating or Weaving combined with printing or Printing (as standalone operation) |
|
|
5906 |
Rubberised textile fabrics, other than those of heading 5902: - Knitted or crocheted fabrics |
(2) Spinning of natural and/or man-made staple fibres combined with knitting/crocheting or Extrusion of man-made filament yarn combined with knitting/crocheting or Knitting or crocheting combined with rubberising or Rubberising combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex‑works price of the product |
|
- Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials |
Extrusion of man-made fibres combined with weaving |
|
|
- Other |
Weaving, knitting or non-woven process combined with dyeing or with coating/rubberising or Yarn dyeing combined with weaving, knitting or non-woven process or Rubberising combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex‑works price of the product |
|
|
5907 |
Textile fabrics otherwise impregnated, coated or covered; painted canvas being theatrical scenery, studio back-cloths or the like |
Weaving or knitting or non-woven fabric formation combined with dyeing or with printing or with coating or with impregnating or with covering or Flocking combined with dyeing or with printing or Printing (as standalone operation) |
|
5908 |
Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric therefore, whether or not impregnated: |
|
|
- Incandescent gas mantles, impregnated |
Manufacture from tubular knitted/crocheted gas mantle fabric |
|
|
- Other |
Manufacture from materials of any heading, except that of the product |
|
|
5909 to 5911 |
Textile articles of a kind suitable for industrial use: |
(2) Spinning of natural and/or of man-made staple fibres combined with weaving or Extrusion of man-made fibres combined with weaving or Weaving combined with dyeing or with coating or with laminating or Coating, flocking, laminating or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex‑works price of the product |
|
Chapter 60 |
Knitted or crocheted fabrics |
(2) Spinning of natural and/or man-made staple fibres combined with knitting/crocheting or Extrusion of man-made filament yarn combined with knitting/crocheting or Knitting/crocheting combined with dyeing or with flocking or with coating or with laminating or with printing or Flocking combined with dyeing or with printing or Yarn dyeing combined with knitting/crocheting or Twisting or texturing combined with knitting/crocheting provided that the value of the non-twisted/non-textured yarns used does not exceed 50 % of the ex-works price of the product |
|
Chapter 61 |
Articles of apparel and clothing accessories, knitted or crocheted: |
|
|
- Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form |
(2)(3) Knitting or crocheting combined with making-up including cutting of fabric |
|
|
- Other |
(2) Spinning of natural and/or man-made staple fibres combined with knitting or crocheting or Extrusion of man-made filament yarn combined with knitting or crocheting or Knitting and making-up in one operation |
|
|
ex Chapter 62 |
Articles of apparel and clothing accessories, not knitted or crocheted; except for: |
(2)(3) Weaving combined with making-up including cutting of fabric or Making-up including cutting of fabric preceded by printing (as standalone operation) |
|
ex 6202, ex 6204,
|
Women’s, girls’ and babies’ clothing and clothing accessories for babies, embroidered |
(3) Weaving combined with making-up including cutting of fabric or Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex‑works price of the product |
|
ex 6210 and
|
Fire-resistant equipment of fabric covered with foil of aluminised polyester |
(2)(3) Weaving combined with making-up including cutting of fabric or Coating or laminating provided that the value of the uncoated or unlaminated fabric used does not exceed 40 % of the ex-works price of the product, combined with making-up including cutting of fabric |
|
ex 6212 |
Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, knitted or crocheted, obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form |
(2)(3) Knitting combined with making-up including cutting of fabric or Making-up including cutting of fabric preceded by printing (as standalone operation) |
|
6213 and 6214 |
Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like: |
|
|
- Embroidered |
(2)(3) Weaving combined with making-up including cutting of fabric or Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex‑works price of the product or Making-up including cutting of fabric preceded by printing (as standalone operation) |
|
|
- Other |
(2)(3) Weaving combined with making-up including cutting of fabric or Making-up preceded by printing (as standalone operation) |
|
|
6217 |
Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: |
|
|
- Embroidered |
(3) Weaving combined with making-up including cutting of fabric or Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex‑works price of the product or Making-up preceded by printing (as standalone operation) |
|
|
- Fire-resistant equipment of fabric covered with foil of aluminised polyester |
(3) Weaving combined with making-up including cutting of fabric or Coating or laminating provided that the value of the uncoated or unlaminated fabric used does not exceed 40 % of the ex-works price of the product combined with making-up including cutting of fabric |
|
|
- Interlinings for collars and cuffs, cut out |
Manufacture: – from materials of any heading, except that of the product, and – in which the value of all the materials used does not exceed 40 % of the ex-works price of the product |
|
|
- Other |
(3) Weaving combined with making-up including cutting of fabric |
|
|
ex Chapter 63 |
Other made-up textile articles; sets; worn clothing and worn textile articles; rags; except for: |
Manufacture from materials of any heading, except that of the product |
|
6301 to 6304 |
Blankets, travelling rugs, bed linen etc.; curtains etc.; other furnishing articles: |
|
|
- Of felt, of nonwovens |
(2) Non-woven fabric formation combined with making-up including cutting of fabric |
|
|
- Other: |
||
|
-- Embroidered |
(2)(3) Weaving or knitting/crocheting combined with making-up including cutting of fabric or Manufacture from unembroidered fabric (other than knitted or crocheted), provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product |
|
|
-- Other |
(2)(3) Weaving or knitting/crocheting combined with making-up including cutting of fabric |
|
|
6305 |
Sacks and bags, of a kind used for the packing of goods |
(2) Extrusion of man-made fibres or spinning of natural and/or man-made staple fibres, combined with weaving or with knitting and making-up including cutting of fabric |
|
6306 |
Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods: |
|
|
- Of nonwovens |
(2)(3) Non-woven fabric formation combined with making-up including cutting of fabric |
|
|
- Other |
(2)(3) Weaving combined with making-up including cutting of fabric |
|
|
6307 |
Other made-up articles, including dress patterns |
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product |
|
6308 |
Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packings for retail sale |
Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non originating articles may be incorporated, provided that their total value does not exceed 15 % of the ex‑works price of the set |
|
ex Chapter 64 |
Footwear, gaiters and the like; parts of such articles; except for: |
Manufacture from materials of any heading, except from assemblies of uppers affixed to inner soles or to other sole components of heading 6406 |
|
6406 |
Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable in‑soles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof |
Manufacture from materials of any heading, except that of the product |
|
Chapter 65 |
Headgear and parts thereof |
Manufacture from materials of any heading, except that of the product |
|
Chapter 66 |
Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops, and parts thereof: |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 67 |
Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 68 |
Articles of stone, plaster, cement, asbestos, mica or similar materials |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product |
|
Chapter 69 |
Ceramic products |
Manufacture from materials of any heading, except that of the product |
|
ex Chapter 70 |
Glass and glassware |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
7010 |
Carboys, bottles, flasks, jars, pots, phials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass |
Manufacture from materials of any heading, except that of the product or Cutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the product |
|
7013 |
Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018) |
Manufacture from materials of any heading, except that of the product |
|
ex Chapter 71 |
Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin; except for: |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product |
|
ex 7102, ex 7103 and ex 7104 |
Worked precious or semi-precious stones (natural, synthetic or reconstructed) |
Manufacture of materials of any subheading except that of the product |
|
7106, 7108 and 7110 |
Precious metals: |
Manufacture from materials of any heading, except those of headings 7106, 7108 and 7110, or electrolytic, thermal or chemical separation of precious metals of heading 7106, 7108 or 7110, or fusion and/or alloying of precious metals of heading 7106, 7108 or 7110 with each other or with base metals or purification |
|
- Unwrought |
||
|
- Semi-manufactured or in powder form |
Manufacture from unwrought precious metals |
|
|
ex 7107, ex 7109 and ex 7111 |
Metals clad with precious metals, semi-manufactured |
Manufacture from metals clad with precious metals, unwrought |
|
ex Chapter 72 |
Iron and steel; except for: |
Manufacture from materials of any heading, except that of the product |
|
7207 |
Semi-finished products of iron or non-alloy steel |
Manufacture from materials of heading 7201, 7202, 7203, 7204 or 7205 |
|
7208 to 7212 |
Flat-rolled products of iron or non-alloy steel |
Manufacture from semi-finished materials of heading 7207 |
|
7213 to 7216 |
Bars and sections bars and rods, angles, shapes and sections of iron or non-alloy steel |
Manufacture from ingots or other primary forms of heading 7206 |
|
7217 |
Wire of iron or non-alloy steel |
Manufacture from semi-finished materials of heading 7207 |
|
7218 91 and 7218 99 |
Semi-finished products |
Manufacture from materials of heading 7201, 7202, 7203, 7204 or 7205 |
|
7219 to 7222 |
Flat-rolled products, bars and rods, angles, shapes and sections of stainless steel |
Manufacture from ingots or other primary forms of heading 7218 |
|
7223 |
Wire of stainless steel |
Manufacture from semi-finished materials of heading 7218 |
|
7224 90 |
Semi-finished products |
Manufacture from materials of heading 7201, 7202, 7203, 7204 or 7205 |
|
7225 to 7228 |
Flat-rolled products, hot-rolled bars and rods, in irregularly wound coils; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel |
Manufacture from ingots or other primary forms of heading 7206, 7218 or 7224 |
|
7229 |
Wire of other alloy steel |
Manufacture from semi-finished materials of heading 7224 |
|
ex Chapter 73 |
Articles of iron or steel; except for: |
Manufacture from materials of any heading, except that of the product |
|
ex 7301 |
Sheet piling |
Manufacture from materials of heading 7207 |
|
7302 |
Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole plates (base plates), rail clips, bedplates, ties and other material specialised for jointing or fixing rails |
Manufacture from materials of heading 7206 |
|
7304, 7305 and 7306 |
Tubes, pipes and hollow profiles, of iron or steel |
Manufacture from materials of heading 7206 to 7212 and 7218 or 7224 |
|
ex 7307 |
Tube or pipe fittings of stainless steel (ISO No X5CrNiMo 1712), consisting of several parts |
Turning, drilling, reaming, threading, deburring and sandblasting of forged blanks, provided that the total value of the forged blanks used does not exceed 35 % of the ex-works price of the product |
|
7308 |
Structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel |
Manufacture from materials of any heading, except that of the product. However, welded angles, shapes and sections of heading 7301 may not be used |
|
ex 7315 |
Skid chain |
Manufacture in which the value of all the materials of heading 7315 used does not exceed 50 % of the ex-works price of the product |
|
ex Chapter 74 |
Copper and articles thereof; except for: |
Manufacture from materials of any heading, except that of the product |
|
7403 |
Refined copper and copper alloys, unwrought |
Manufacture from materials of any heading |
|
7408 |
Copper wire |
Manufacture: – From materials of any heading, except that of the product, and – In which the value of all the materials used does not exceed 50 % of the ex‑works price of the product |
|
Chapter 75 |
Nickel and articles thereof |
Manufacture from materials of any heading, except that of the product |
|
ex Chapter 76 |
Aluminium and articles thereof; except for: |
Manufacture: – From materials of any heading, except that of the product, and – In which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
7601 |
Unwrought aluminium |
Manufacture: – From materials of any heading, except that of the product, and – In which the value of all the materials used does not exceed 50% of the ex-works price of the product or Manufacture by thermal or electrolytic treatment from unalloyed aluminium or waste and scrap of aluminium |
|
7602 |
Aluminium waste or scrap |
Manufacture from materials of any heading, except that of the product |
|
ex 7616 |
Aluminium articles other than gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, and expanded metal of aluminium |
Manufacture: – From materials of any heading, except that of the product. However, gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, or expanded metal of aluminium may be used; and – In which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 78 |
Lead and articles thereof |
Manufacture from materials of any heading, except that of the product |
|
Chapter 79 |
Zinc and articles thereof |
Manufacture from materials of any heading, except that of the product |
|
Chapter 80 |
Tin and articles thereof |
Manufacture from materials of any heading, except that of the product |
|
Chapter 81 |
Other base metals; cermets; articles thereof |
Manufacture from materials of any heading |
|
ex Chapter 82 |
Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal; except for: |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
8206 |
Tools of two or more of the headings 8202 to 8205, put up in sets for retail sale |
Manufacture from materials of any heading, except those of headings 8202 to 8205. However, tools of headings 8202 to 8205 may be incorporated into the set, provided that their total value does not exceed 15 % of the ex-works price of the set |
|
Chapter 83 |
Miscellaneous articles of base metal |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
ex Chapter 84 |
Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof; except for: |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
8407 |
Spark-ignition reciprocating or rotary internal combustion piston engines |
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
8408 |
Compression-ignition internal combustion piston engines (diesel or semi-diesel engines |
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
8425 to 8430 |
Pulley tackle and hoists other than skip hoists; winches and capstans; jacks: Ships’ derricks; cranes, including cable cranes; mobile lifting frames, straddle carriers and works trucks fitted with a crane Fork-lift trucks; other works trucks fitted with lifting or handling equipment Other lifting, handling, loading or unloading machinery (for example, lifts, escalators, conveyors, teleferics) Self-propelled bulldozers, angledozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and roadrollers Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; piledrivers and pile extractors; snowploughs and snowblowers |
Manufacture from materials of any heading, except that of the product and heading 8431 or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
8444 to 8447 |
Machines for extruding, drawing, texturing or cutting man-made textile materials: Machines for preparing textile fibres; spinning, doubling or twisting machines and other machinery for producing textile yarns; textile reeling or winding (including weft-winding) machines and machines for preparing textile yarns for use on the machines of heading 8446 or 8447 Weaving machines (looms): Knitting machines, stitch-bonding machines and machines for making gimped yarn, tulle, lace, embroidery, trimmings, braid or net and machines for tufting |
Manufacture from materials of any heading, except that of the product and heading 8448 or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
8456 to 8465 |
Machine tools for working any material by removal of material Machining centres, unit construction machines (single station) and multi-station transfer machines, for working metal Lathes for removing metal Machine tools |
Manufacture from materials of any heading, except that of the product and heading 8466 or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
8470 to 8472 |
Calculating machines and pocket-size data-recording, reproducing and displaying machines with calculating functions; accounting machines, postage- franking machines, ticket-issuing machines and similar machines, incorporating a calculating device; cash registers Automatic data-processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data Other office machines |
Manufacture from materials of any heading, except that of the product and heading 8473 or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
ex Chapter 85 |
Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles; except for: |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
8501 to 8502 |
Electric motors and generators Electric generating sets and rotary converters |
Manufacture from materials of any heading, except that of the product and heading 8503 or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
8519, 8521 |
Sound recording or sound reproducing apparatus Video recording or reproducing apparatus, whether or not incorporating a video tuner |
Manufacture from materials of any heading, except that of the product and heading 8522 or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
8525 to 8528 |
Transmission apparatus for radio-broadcasting or television, television cameras, digital cameras and video camera recorders Radar apparatus, radio navigational aid apparatus and radio remote control apparatus Reception apparatus for radio-broadcasting Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, or video recording or reproducing apparatus |
Manufacture from materials of any heading, except that of the product and heading 8529 or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
8535 to 8537 |
Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits; connectors for optical fibres, optical fibre bundles or cables; boards, panels, consoles, desks, cabinets and other bases, for electric control or the distribution of electricity: |
Manufacture from materials of any heading, except that of the product and heading 8538 or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
8542 31 to 8542 39 |
Monolithic integrated circuits |
Diffusion in which integrated circuits are formed on a semi‑conductor substrate by the selective introduction of an appropriate dopant assembled or not and/or tested in a non-party or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
8544 to 8548 |
Insulated wire, cable (and other insulated electric conductors, optical fibre cables Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, of a kind used for electrical purposes Electrical insulators of any material Insulating fittings for electrical machines, appliances or equipment, electrical conduit tubing and joints therefor, of base metal lined with insulating material Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified or included elsewhere in this Chapter |
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 86 |
Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds |
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
ex Chapter 87 |
Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof; except for: |
Manufacture in which the value of all the materials used does not exceed 45 % of the ex-works price of the product |
|
8708 |
Parts and accessories for vehicles of headings 8701 to 8705 |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
8711 |
Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 88 |
Aircraft, spacecraft, and parts thereof |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 89 |
Ships, boats and floating structures |
Manufacture from materials of any heading, except that of the product; however, hulls of heading 8906 may not be used or Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product |
|
ex Chapter 90 |
Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof; except for: |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
9001 50 |
Spectacle lenses of other materials than glass |
Manufacture from materials of any heading, except that of the product or Manufacture in which one of the following operations is made: – surfacing of the semi-finished lens into a finished ophthalmic lens with optical corrective power meant to be mounted on a pair of spectacles – coating of the lens through appropriated treatments to improve vision and ensure protection of the wearer or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 91 |
Clocks and watches and parts thereof |
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product |
|
Chapter 92 |
Musical instruments; parts and accessories of such articles |
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 93 |
Arms and ammunition; parts and accessories thereof |
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 94 |
Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 95 |
Toys, games and sports requisites; parts and accessories thereof |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 96 |
Miscellaneous manufactured articles |
Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product |
|
Chapter 97 |
Works of art, collectors’ pieces and antiques |
Manufacture from materials of any heading, except that of the product |
(1) For the special conditions relating to ‘specific process(es)’, see Introductory Notes 8.1 to 8.3.
(2) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
(3) See Introductory Note 7.
(4) See Introductory Note 9.
Annex III
Text of the origin declaration
The origin declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
Albanian version
Eksportuesi i produkteve të mbuluara nga ky dokument (autorizim doganor Nr. ..............(1)) deklaron që përveç rasteve kur tregohet qartësisht ndryshe, këto produkte janë me origjine preferenciale ....................(2)
Arabic version
Bosnian version
Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br .............(1)) izjavljuje da su, osim ako je to drugačije izričito navedeno, ovi proizvodi ...........................................(2) preferencijalnog porijekla.
Bulgarian version
Износителят на продуктите, обхванати от този документ (митническо разрешение № ....................(1)) декларира, че освен където ясно е отбелязано друго, тези продукти са с .......................................... преференциален произход(2).
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.
Czech version
Vývozce výrobků uvedených v tomto dokumentu (číslo povolení .............(1)) prohlašuje, že kromě zřetelně označených mají tyto výrobky preferenční původ v .........................................(2)
Danish version
Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. ..............................(1)), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i ..........................................(2)
Dutch version
De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. .....................(1)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële ................................. oorsprong zijn(2).
English version
The exporter of the products covered by this document (customs authorization No ...................(1)) declares that, except where otherwise clearly indicated, these products are of ..........................................(2) preferential origin.
Estonian version
Käesoleva dokumendiga hõlmatud toodete eksportija (tolliameti kinnitus nr. .................(1)) deklareerib, et need tooted on ..........................................(2) sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.
Faeroese version
Ùtflytarin av vørunum, sum hetta skjal fevnir um (tollvaldsins loyvi nr. ............(1)) váttar, at um ikki nakað annað er tilskilað, eru hesar vørur upprunavørur ........................................(2).
Finnish version
Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa n:o ............(1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja .................................... alkuperätuotteita(2)
French version
L'exportateur des produits couverts par le présent document (autorisation douanière n o ...................(1)) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle ..........................................(2)
German version
Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. ......................(1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte ....................................................(2) Ursprungswaren sind.
Georgian version
Greek version
Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ’ αριθ. ...................(1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής .....................................(2)
Hebrew version
Hungarian version
A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: .............(1)) kijelentem, hogy eltérő egyértelmű jelzés hiányában az áruk kedvezményes ..........................................(2) származásúak.
Icelandic version
Útflytjandi framleiðsluvara sem skjal þetta tekur til (leyfi tollyfirvalda nr ..............(1)), lýsir því yfir að vörurnar séu, ef annars er ekki greinilega getið, af .......................................... fríðindauppruna(2).
Italian version
L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. ...................(1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale ...........................................(2)
Latvian version
Eksportētājs produktiem, kuri ietverti šajā dokumentā (muitas pilnvara Nr. .............(1)), deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir priekšrocību izcelsme no ..........................(2)
Lithuanian version
Šiame dokumente nurodytų produktų eksportuotojas (muitinės leidimo Nr. .............(1)) deklaruoja, kad, jeigu aiškiai nenurodyta kitaip, šie produktai turi ..........................................(2) lengvatinės kilmės statusą.
Maltese version
L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni tad-dwana nru. .............(1)) jiddikjara li, ħlief fejn indikat b'mod ċar li mhux hekk, dawn il-prodotti huma ta' oriġini preferenzjali ......................(2).
Montenegrin version
Извозник производа обухваћених овом исправом (царинско овлашћење бр. ..............(1)) изјављује да су, осим ако је тo другачије изричито наведено, ови производи ..........................................(2) преференцијалног поријекла.
Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlašćenje br .............(1)) izjavljuje da su, osim ako je to drugačije izričito navedeno, ovi proizvodi ...........................................(2) preferencijalnog porijekla.
Norwegian version
Eksportøren av produktene omfattet av dette dokument (tollmyndighetenes autorisasjons nr .............(1)) erklærer at disse produktene, unntatt hvor annet er tydelig angitt, har ........................................... preferanseopprinnelse(2).
Polish version
Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr ..............................(1)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają ..........................................(2) preferencyjne pochodzenie.
Portuguese version
O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorização aduaneira no.......................(1)), declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial ..........................................(2).
Romanian version
Exportatorul produselor ce fac obiectul acestui document (autorizația vamală nr. .......................(1)) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferențială ..........................................(2).
Serbian version
Извозник производа обухваћених овом исправом (царинско овлашћење бр. ..............(1)) изјављује да су, осим ако је тo другачије изричито наведено, ови производи ..........................................(2) преференцијалног порекла.
Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlašćenje br .............(1)) izjavljuje da su, osim ako je to drugačije izričito navedeno, ovi proizvodi ...........................................(2) preferencijalnog porekla.
Slovak version
Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia .........................(1)) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v ..........................................(2).
Slovenian version
Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št ...................(1)), izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno ..........................................(2) poreklo.
Spanish version
El exportador de los productos incluidos en el presente documento (autorización aduanera n o ..............(1)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial ............................(2).
Swedish version
Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr. .............(1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande .......................................... ursprung(2).
Turkish version
İșbu belge (gümrük onay No: .............. (1)) kapsamındaki maddelerin ihracatçısı aksi açıkça belirtilmedikçe, bu maddelerin ........................................... tercihli menșeli(2) maddeler olduğunu beyan eder.
Ukrainian version
Експортер продукцiї, на яку поширюється цей документ (митний дозвiл № ..............(1)), заявляє, що за винятком випадкiв, де цеявно зазначено, цi товари є товарами преференцiйного походження ..............(2).
Macedonian version
Извозникот на производите што ги покрива овоj документ (царинскo одобрение бр. .............(1)) изјавува дека, освен ако тоа не е јасно поинаку назначено, овие производи се со ..........................................(2) преференцијално потекло.
.................................................................................................................................................
(Place and date)(3)
..................................................................................................................................................
(Signature of the exporter, in addition the name of the person signing the declaration has to be indicated in clear script)(4)
(1)When the origin declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the origin declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
(2)Origin of products to be indicated. When the origin declaration relates in whole or in part, to products originating in Ceuta and Melilla, the exporter must clearly indicate them in the document on which the declaration is made out, by means of the symbol ‘CM’.
(3)These indications may be omitted if the information is contained on the document itself.
(4)In cases where the exporters is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.
Annex IV
Specimens of movement certificate EUR.1 and application for a movement certificate EUR.1
Printing instructions
1. Each form shall measure 210 x 297 mm; a tolerance of up to minus 5 mm or plus 8 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.
2. The competent authorities of the Contracting Parties may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.
MOVEMENT CERTIFICATE
|
1. Exporter (Name, full address, country) |
EUR.1 NoA 000.000 |
||||
|
See notes overleaf before completing this form. |
|||||
|
2. Certificate used in preferential trade between ............................................................................. |
|||||
|
3. Consignee (Name, full address, country) (Optional) |
and ....................................................................................... (Insert appropriate countries, groups of countries or territories) |
||||
|
4. Country, group of countries or territory in which the products are considered as originating |
5. Country, group of countries or territory of destination |
||||
|
6. Transport details (Optional) |
7. Remarks |
||||
|
8. Item number; Marks and numbers; Number and kind of packages 3(1); Description of goods |
9. Gross mass (kg) or other measure (litres, m3., etc.) |
10. Invoices (Optional) |
|||
|
11. CUSTOMS ENDORSEMENT Declaration certified Export document 4(2) Form ..................................No ….……... Of ………………………………………. Customs office .................................…… Issuing country or territory ...................... Stamp ................................................................... Place and date ………….......................... ................................................................... (Signature) |
12. DECLARATION BY THE EXPORTER I, the undersigned, declare that the goods described above meet the conditions required for the issue of this certificate. Place and date ………………........................ .......................................................................... (Signature) |
||||
|
13. REQUEST FOR VERIFICATION, to |
14. RESULT OF VERIFICATION |
|
Verification carried out shows that this certificate (1) was issued by the customs office indicated and that the information contained therein is accurate. does not meet the requirements as to authenticity and accuracy (see remarks appended). |
|
|
Verification of the authenticity and accuracy of this certificate is requested. ...............................................……………................................. (Place and date) Stamp .....................................................…… (Signature) |
.........................................……………………………….. (Place and date) Stamp .....................................................… (Signature) _____________ (1) Insert X in the appropriate box. |
NOTES
1. Certificate must not contain erasures or words written over one another. Any alterations must be made by deleting the incorrect particulars and adding any necessary corrections. Any such alteration must be initialled by the person who completed the certificate and endorsed by the Customs authorities of the issuing country or territory.
2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner as to make any later additions impossible.
3. Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified.
APPLICATION FOR A MOVEMENT CERTIFICATE
|
1. Exporter (Name, full address, country) |
EUR.1 NoA 000.000 |
|||
|
See notes overleaf before completing this form. |
||||
|
2. Application for a certificate to be used in preferential trade between ............................................................................. |
||||
|
3. Consignee (Name, full address, country) (Optional) |
and ...................................................................................... (Insert appropriate countries or groups of countries or territories) |
|||
|
4. Country, group of countries or territory in which the products are considered as originating |
5. Country, group of countries or territory of destination |
|||
|
6. Transport details (Optional) |
7. Remarks |
|||
|
8. Item number; Marks and numbers; Number and kind of packages (1) Description of goods |
9. Gross mass (kg) or other measure (litres, m3., etc.) |
10. Invoices (Optional) |
||
(1) If goods are not packed, indicate number of articles or state ‘in bulk’ as appropriate
DECLARATION BY THE EXPORTER
I, the undersigned, exporter of the goods described overleaf,
DECLARE that the goods meet the conditions required for the issue of the attached certificate;
SPECIFY as follows the circumstances which have enable these goods to meet the above conditions:
SUBMIT the following supporting documents ( 5 ):
UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which these authorities may require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspection of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said authorities;
REQUEST the issue of the attached certificate for these goods.
.
(Place and date)
.
(Signature)
Annex V
Special conditions concerning products originating in Ceuta and Melilla
Sole Article
1. Providing they comply with the non-alteration rule of Article 14 of Appendix I, the following shall be considered as:
(1) products originating in Ceuta and Melilla:
(a) products wholly obtained in Ceuta and Melilla;
(b) products obtained in Ceuta and Melilla in the manufacture of which products other than products wholly obtained in Ceuta and Melilla are used, provided that:
(i) the said products have undergone sufficient working or processing within the meaning of Article 4 of Appendix I; or that
(ii) those products originate in the importing Contracting Party or in the European Union, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 6 of Appendix I.
(2) products originating in the exporting Contracting Party, other than the European Union:
(a) products wholly obtained in the exporting Contracting Party;
(b) products obtained in the exporting Contracting Party, in the manufacture of which products other than products wholly obtained in the exporting Contracting Party are used, provided that:
(i) those products have undergone sufficient working or processing within the meaning of Article 4 of Appendix I; or
(ii) those products originate in Ceuta and Melilla or in the European Union, and they have been submitted to working or processing which goes beyond the operations referred to in Article 6 of Appendix I.
2. Ceuta and Melilla shall be considered as a single territory.
3. The exporter or his authorised representative shall enter the name of the exporting or importing Contracting Party and ‘Ceuta and Melilla’ in Box 2 of movement certificates EUR.1 or on origin declarations. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in Box 4 of movement certificates EUR.1 or on origin declarations.
4. The Spanish customs authorities shall be responsible for the application of this Convention in Ceuta and Melilla.
Annex VI
Supplier’s declaration
The supplier’s declaration, the text of which is provided below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
SUPPLIER’S DECLARATION
for goods which have undergone working or processing in Contracting Parties of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin without having obtained preferential origin status
I, the undersigned, supplier of the goods covered by the annexed document, declare that:
1. The following materials which do not originate in [indicate the name of the relevant Contracting Party(ies)] have been used in [indicate the name of the relevant Contracting Party(ies)] to produce these goods:
|
Description of the goods supplied (1) |
Description of non-originating materials used |
Heading of non-originating materials used (2) |
Value of non-originating materials used (2)(3) |
|
|
Total value |
||||
2. All the other materials used in [indicate the name of the relevant Contracting Party(ies)] to produce those goods originate in [indicate the name of the relevant Contracting Party(ies)];
3. The following goods have undergone working or processing outside [indicate the name of the relevant Contracting Party(ies)] in accordance with Article 13 of Appendix I and have acquired the following total added value there:
|
Description of the goods supplied |
Total added value acquired outside [indicate the name of the relevant Contracting Party(ies)] (4) |
|
(Place and date) |
|
|
(Address and signature of the supplier; in addition the name of the person signing the declaration has to be indicated in clear script) |
(1) When the invoice, delivery note or other commercial document to which the declaration is annexed relates to different kinds of goods, or to goods which do not incorporate non-originating materials to the same extent, the supplier must clearly differentiate them.
Example:
The document relates to different models of electric motor of heading 8501 to be used in the manufacture of washing machines of heading 8450. The nature and value of the non-originating materials used in the manufacture of those motors differ from one model to another. The models must therefore be differentiated in the first column and the indications in the other columns must be provided separately for each of the models to make it possible for the manufacturer of washing machines to make a correct assessment of the originating status of his products depending on which model of electrical motor he uses.
(2) The indications requested in those columns should only be given if they are necessary.
Examples:
The rule for garments of ex Chapter 62 says Weaving combined with making-up including cutting of fabric may be used. If a manufacturer of such garments in a Contracting Party uses fabric imported from the European Union which has been obtained there by weaving non-originating yarn, it is sufficient for the European Union supplier to describe in his declaration the non-originating material used as yarn, without it being necessary to indicate the heading and value of such yarn.
A producer of iron of heading 7217 who has produced it from non-originating iron bars should indicate in the second column 'bars of iron'. Where this wire is to be used in the production of a machine, for which the rule contains a limitation for all non-originating materials used to a certain percentage value, it is necessary to indicate in the third column the value of non-originating bars.
(3) 'Value of materials' means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in [indicate the name of the relevant Contracting Party(ies)].
The exact value for each non-originating material used must be given per unit of the goods specified in the first column.
(4) 'Total added value' shall mean all costs accumulated outside [indicate the name of the relevant Contracting Party(ies)], including the value of all materials added there. The exact total added value acquired outside [indicate the name of the relevant Contracting Party(ies)] must be given per unit of the goods specified in the first column.
Annex VII
Long-term supplier's declaration
The long-term supplier’s declaration, the text of which is provided below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
LONG-TERM SUPPLIER’S DECLARATION
for goods which have undergone working or processing in Contracting Parties of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin without having obtained preferential origin status
I, the undersigned, supplier of the goods covered by the annexed document, which are regularly supplied to (1) ……………. declare that:
1. The following materials which do not originate in [indicate the name of the relevant Contracting Party(ies)] have been used in [indicate the name of the relevant Contracting Party(ies)] to produce these goods:
|
Description of the goods supplied (2) |
Description of non-originating materials used |
Heading of non-originating materials used (3) |
Value of non-originating materials used (3)(4) |
|
|
Total value |
||||
2. All the other materials used in [indicate the name of the relevant Contracting Party(ies)] to produce these goods originate in [indicate the name of the relevant Contracting Party(ies)];
3. The following goods have undergone working or processing outside [indicate the name of the relevant Contracting Party(ies)] in accordance with Article 13 of Appendix I and have acquired the following total added value there:
|
Description of the goods supplied |
Total added value acquired outside [indicate the name of the relevant Contracting Party(ies)] (5) |
This declaration is valid for all subsequent consignments of those goods dispatched
from ……………………………………………..
to ……………………………………………… (6)
I undertake to inform …………………………….. (1) immediately if this declaration is no longer valid.
|
(Place and date) |
|
(Address and signature of the supplier; in addition the name of the person signing the declaration has to be indicated in clear script) |
(1) Name and address of the customer
(2) When the invoice, delivery note or other commercial document to which the declaration is annexed relates to different kinds of goods, or to goods which do not incorporate non-originating materials to the same extent, the supplier must clearly differentiate them.
Example:
The document relates to different models of electric motor of heading 8501 to be used in the manufacture of washing machines of heading 8450. The nature and value of the non-originating materials used in the manufacture of these motors differ from one model to another. The models must therefore be differentiated in the first column and the indications in the other columns must be provided separately for each of the models to make it possible for the manufacturer of washing machines to make a correct assessment of the originating status of his products depending on which model of electrical motor he uses.
(3) The indications requested in these columns should only be given if they are necessary.
Examples:
The rule for garments of ex Chapter 62 says weaving combined with making-up including cutting of fabric may be used. If a manufacturer of such garments in a Contracting Party uses fabric imported from the European Union which has been obtained there by weaving non-originating yarn, it is sufficient for the European Union supplier to describe in his declaration the non-originating material used as yarn, without it being necessary to indicate the heading and value of such yarn.
A producer of iron of heading 7217 who has produced it from non-originating iron bars should indicate in the second column 'bars of iron'. Where this wire is to be used in the production of a machine, for which the rule contains a limitation for all non-originating materials used to a certain percentage value, it is necessary to indicate in the third column the value of non-originating bars.
(4) 'Value of materials' means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in [indicate the name of the relevant Contracting Party(ies)].
The exact value for each non-originating material used must be given per unit of the goods specified in the first column.
(5) 'Total added value' shall mean all costs accumulated outside [Indicate the name of the relevant Contracting Party], including the value of all materials added there. The exact total added value acquired outside [indicate the name of the relevant Contracting Party(ies)] must be given per unit of the goods specified in the first column.
(6) Insert dates. The period of validity of the long-term supplier's declaration should not normally exceed 24 months, subject to the conditions laid down by the customs authorities of the country where the long-term supplier's declaration is made out.
Annex VIII
List of Contracting Parties having opted to extend the application of Article 7 paragraph 3 on importation of products falling within Chapters 50 to 63 of the Harmonised System
Contracting Parties using this option are listed below.
Appendix II
Special provisions derogating from the provisions laid down in appendix I
TABLE OF CONTENTS
Article 1
ANNEX I Trade between the European Union and the participants in the European Union’s Stabilisation and Association Process
ANNEX II Trade between the European Union and the People's Democratic Republic of Algeria
ANNEX III Trade between the European Union and the Kingdom of Morocco
ANNEX IV Trade between the European Union and the Republic of Tunisia
ANNEX V Trade between the Republic of Türkiye and the participants in the European Union’s Stabilisation and Association Process
ANNEX VI Trade between the Republic of Türkiye and the Kingdom of Morocco
ANNEX VII Trade between the Republic of Türkiye and the Republic of Tunisia
ANNEX VIII Trade between EFTA States and the Republic of Tunisia
ANNEX IX Trade in the framework of the Agreement setting up a free trade area among the Arab Mediterranean countries (Agadir Agreement)
ANNEX X Trade covered by the Central European Free Trade Agreement (CEFTA) involving the Republic of Moldova and the participants in the European Union’s Stabilisation and Association Process
ANNEX A Supplier's declaration for goods which have undergone working or processing in the European Union, Algeria, Morocco or Tunisia without having obtained preferential originating status
ANNEX B Long-term supplier's declaration for goods which have undergone working or processing in the European Union, Algeria, Morocco or Tunisia without having obtained preferential originating status
ANNEX C Supplier's declaration for goods which have undergone working or processing in Türkiye, Algeria, Morocco or Tunisia without having obtained preferential originating status
ANNEX D Long-term supplier's declaration for goods which have undergone working or processing in Türkiye, Algeria, Morocco or Tunisia without having obtained preferential originating status
ANNEX E Supplier's declaration for goods which have undergone working or processing in an EFTA State or Tunisia without having obtained preferential originating status
ANNEX F Long–term supplier's declaration for goods which have undergone working or processing in an EFTA State or Tunisia without having obtained preferential originating status
ANNEX G Supplier’s declaration for goods which have undergone working or processing in the CEFTA Parties without having obtained preferential origin status
ANNEX H Long-term supplier’s declaration for goods which have undergone working or processing in the CEFTA Parties without having obtained preferential origin status
Article 1
1. This Appendix sets out special provisions that were agreed before 1 January 2019 and are applicable between certain Contracting Parties and derogating from the provisions laid down in Appendix I
ANNEX I
Trade between the European Union and the participants in the European Union’s Stabilisation and Association Process
Article 1
Products listed below shall be excluded from cumulation provided for in Article 7 of Appendix I, if:
a) the country of final destination is the European Union, and:
(i) the materials used in the manufacture of these products are originating in any of the participants in the European Union’s Stabilisation and Association Process; or
(ii) these products have acquired their origin on the basis of working or processing carried out in any of the participants in the European Union’s Stabilisation and Association Process;
or
b) the country of final destination is any of the participants in the European Union’s Stabilisation and Association Process, and:
(i) the materials used in the manufacture of these products are originating in the European Union; or
(ii) these products have acquired their origin on the basis of working or processing carried out in the European Union.
|
CN-Code |
Description |
|
1704 90 99 |
Other sugar confectionery, not containing cocoa |
|
1806 10 30 1806 10 90 |
Chocolate and other food preparations containing cocoa - Cacao powder, containing added sugar or 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 - - Containing 80% or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose |
|
1806 20 95 |
- Other food preparations containing cocoa in block, slabs or bars weighting more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packaging 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 (than malt extract) --- Other |
|
2101 12 98 |
Other preparations with a basis of coffee |
|
2101 20 98 |
Other preparations with a basis of tea or mate |
|
2106 90 59 |
Food preparations not elsewhere specified or included - Other -- Other |
|
2106 90 98 |
Food preparations not elsewhere specified or included: - Other (than protein concentrates and textured protein substances) -- 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 characterizing a beverage: ----Of an actual alcoholic strength by volume exceeding 0.5% ----Other: -----Containing no milkfats, sucrose, isoglucose, glucose, or starch or containing, by weight, less than 1.5% milkfat, 5%sucrose or isoglucose, 5% glucose or starch -----Other |
ANNEX II
Trade between the European Union and the People's Democratic Republic of Algeria
Article 1
Goods having acquired their origin by application of the provisions foreseen in this Annex shall be excluded from cumulation as referred to in Article 7 of Appendix I.
Article 2
Cumulation in the European Union
For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Morocco, Algeria or Tunisia shall be considered as having been carried out in the European Union when the products obtained undergo subsequent working or processing in the European Union. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in the European Union only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.
Article 3
Cumulation in Algeria
For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in the European Union, in Morocco or Tunisia shall be considered as having been carried out in Algeria when the products obtained undergo subsequent working or processing in Algeria. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in Algeria only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.
Article 4
Proofs of origin
1. Without prejudice to Article 20 (4) and (5) of Appendix I, a movement certificate EUR.1 shall be issued by the customs authorities of a Member State of the European Union or of Algeria if the products concerned can be considered as products originating in the European Union or in Algeria, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.
2. Without prejudice to Article 21 (2) and (3) of Appendix I, an origin declaration may be made out if the products concerned may be considered as products originating in the European Union or in Algeria, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.
Article 5
Supplier's declaration
1. When a movement certificate EUR.1 is issued, or an origin declaration is made out, in the European Union or Algeria for originating products, in the manufacture of which goods coming from Algeria, Morocco, Tunisia or the European Union which have undergone working or processing in these countries without having obtained preferential originating status, have been used, account shall be taken of the supplier's declaration given for these goods in accordance with this Article.
2. The supplier's declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in Algeria, Morocco, Tunisia or the European Union by the goods concerned for the purpose of determining whether the products in the manufacture of which these goods are used, may be considered as products originating in the European Union or Algeria and fulfil the other requirements of Appendix I to this Convention.
3. A separate supplier's declaration shall, except in the cases referred to in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex A on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.
4. Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in Algeria, Morocco, Tunisia or the European Union is expected to remain constant for considerable periods of time, he may provide a single supplier's declaration to cover subsequent consignments of those goods, hereinafter referred to as a 'long-term supplier's declaration'.
A long-term supplier's declaration may normally be valid for a period of up to one year from the date of making out the declaration. The customs authorities of the country where the declaration is made out lay down the conditions under which longer periods may be used.
The long-term supplier's declaration shall be made out by the supplier in the form prescribed in Annex B and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by this declaration or together with his first consignment.
The supplier shall inform his customer immediately if the long-term supplier's declaration is no longer applicable to the goods supplied.
5. The supplier's declaration referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages in which the Agreement is drawn up, in accordance with the provisions of the national law of the country where it is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.
6. The supplier making out a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is made out, all appropriate documents proving that the information given on this declaration is correct.
Article 6
Supporting documents
Supplier's declaration proving the working or processing undergone in the European Union, Tunisia, Morocco or Algeria by materials used, made out in one of these countries, shall be treated as a document referred to in Articles 20 (3) and 18 (3) of Appendix I and Article 5 (6) of this Annex used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in the European Union or in Algeria and fulfil the other requirements of Appendix I to this Convention.
Article 7
Preservation of supplier's declaration
The supplier making out a supplier's declaration shall keep for at least three years copies of the declaration and of the invoice, delivery notes or other commercial document to which this declaration is annexed as well as the documents referred to in Article 5 (6) of this Annex.
The supplier making out a long-term supplier's declaration shall keep for at least three years copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 5 (6) of this Annex. This period shall begin from the date of expiry of validity of the long-term supplier's declaration.
Article 8
Administrative cooperation
In order to ensure the proper application of this Annex, the European Union and Algeria shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations or the supplier's declarations and the correctness of the information given in these documents.
Article 9
Verification of supplier's declarations
1. Subsequent verifications of supplier's declarations or long-term supplier's declarations may be carried out at random or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in this document.
2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the country referred to in paragraph 1 shall return the supplier's declaration and invoice(s), delivery note(s) or other commercial documents concerning goods covered by this declaration, to the customs authorities of the country where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.
They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier's declaration is incorrect.
3. The verification shall be carried out by the customs authorities of the country where the supplier's declaration was made out. For this purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier's accounts or any other check which they consider appropriate.
4. The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. These results shall indicate clearly whether the information given in the supplier's declaration is correct and make it possible for them to determine whether and to what extent this supplier's declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.
Article 10
Sanctions
Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.
Article 11
Free zones
1. The European Union and Algeria shall take all necessary steps to ensure that products traded under cover of a proof of origin, which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.
2. By way of derogation from paragraph 1, when products originating in the European Union or Algeria 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 movement certificate EUR.1 at the exporter's request, if the treatment or processing undergone complies with the provisions of this Convention.
ANNEX III
Trade between the European Union and the Kingdom of Morocco
Article 1
Goods having acquired their origin by application of the provisions foreseen in this Annex shall be excluded from cumulation as referred to in Article 7 of Appendix I.
Article 2
Cumulation in the European Union
For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Morocco, Algeria or Tunisia shall be considered as having been carried out in the European Union when the products obtained undergo subsequent working or processing in the European Union. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in the European Union only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.
Article 3
Cumulation in Morocco
For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in the European Union, in Algeria or Tunisia shall be considered as having been carried out in Morocco when the products obtained undergo subsequent working or processing in Morocco. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in Morocco only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.
Article 4
Proofs of origin
1. Without prejudice to Article 20 (4) and (5) of Appendix I, a movement certificate EUR.1 shall be issued by the customs authorities of a Member State of the European Union or of Morocco if the products concerned can be considered as products originating in the European Union or in Morocco, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.
2. Without prejudice to Article 21 (2) and (3) of Appendix I, an origin declaration may be made out if the products concerned may be considered as products originating in the European Union or in Morocco, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.
Article 5
Supplier's declaration
1. When a movement certificate EUR.1 is issued, or an origin declaration is made out, in the European Union or Morocco for originating products, in the manufacture of which goods coming from Algeria, Morocco, Tunisia or the European Union which have undergone working or processing in these countries without having obtained preferential originating status, have been used, account shall be taken of the supplier's declaration given for these goods in accordance with this Article.
2. The supplier's declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in Algeria, Morocco, Tunisia or the European Union by the goods concerned for the purpose of determining whether the products in the manufacture of which these goods are used, may be considered as products originating in the European Union or Morocco and fulfil the other requirements of Appendix I to this Convention.
3. A separate supplier's declaration shall, except in the cases referred to in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex A on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.
4. Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in Algeria, Morocco, Tunisia or the European Union is expected to remain constant for considerable periods of time, he may provide a single supplier's declaration to cover subsequent consignments of those goods, hereinafter referred to as a 'long-term supplier's declaration'.
A long-term supplier's declaration may normally be valid for a period of up to one year from the date of making out the declaration. The customs authorities of the country where the declaration is made out lay down the conditions under which longer periods may be used.
The long-term supplier's declaration shall be made out by the supplier in the form prescribed in Annex B and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by this declaration or together with his first consignment.
The supplier shall inform his customer immediately if the long-term supplier's declaration is no longer applicable to the goods supplied.
5. The supplier's declaration referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages in which the Agreement is drawn up, in accordance with the provisions of the national law of the country where it is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.
6. The supplier making out a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is made out, all appropriate documents proving that the information given on this declaration is correct.
Article 6
Supporting documents
Supplier's declaration proving the working or processing undergone in the European Union, Tunisia, Morocco or Algeria by materials used, made out in one of these countries, shall be treated as a document referred to in Articles 20 (3) and 18 (3) of the Appendix I and Article 5 (6) of this Annex used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in the European Union or in Morocco and fulfil the other requirements of Appendix I to this Convention.
Article 7
Preservation of supplier's declaration
The supplier making out a supplier's declaration shall keep for at least three years copies of the declaration and of the invoice, delivery notes or other commercial document to which this declaration is annexed as well as the documents referred to in Article 5 (6) of this Annex.
The supplier making out a long-term supplier's declaration shall keep for at least three years copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 5 (6) of this Annex. This period shall begin from the date of expiry of validity of the long-term supplier's declaration.
Article 8
Administrative cooperation
In order to ensure the proper application of this Annex, the European Union and Morocco shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations or the supplier's declarations and the correctness of the information given in these documents.
Article 9
Verification of supplier's declarations
1. Subsequent verifications of supplier's declarations or long-term supplier's declarations may be carried out at random or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in this document.
2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the country referred to in paragraph 1 shall return the supplier's declaration and invoice(s), delivery note(s) or other commercial documents concerning goods covered by this declaration, to the customs authorities of the country where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.
They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier's declaration is incorrect.
3. The verification shall be carried out by the customs authorities of the country where the supplier's declaration was made out. For this purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier's accounts or any other check which they consider appropriate.
4. The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. These results shall indicate clearly whether the information given in the supplier's declaration is correct and make it possible for them to determine whether and to what extent this supplier's declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.
Article 10
Sanctions
Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.
Article 11
Free zones
1. The European Union and Morocco shall take all necessary steps to ensure that products traded under cover of a proof of origin, which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.
2. By way of derogation from paragraph 1, when products originating in the European Union or Morocco 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 movement certificate EUR.1 at the exporter's request, if the treatment or processing undergone complies with the provisions of this Convention.
ANNEX IV
Trade between the European Union and the Republic of Tunisia
Article 1
Goods having acquired their origin by application of the provisions foreseen in this Annex shall be excluded from cumulation as referred to in Article 7 of Appendix I.
Article 2
Cumulation in the European Union
For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Morocco, Algeria or Tunisia shall be considered as having been carried out in the European Union when the products obtained undergo subsequent working or processing in the European Union. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in the European Union only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.
Article 3
Cumulation in Tunisia
For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in the European Union, in Morocco or Algeria shall be considered as having been carried out in Tunisia when the products obtained undergo subsequent working or processing in Tunisia. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in Tunisia only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.
Article 4
Proofs of origin
1. Without prejudice to Article 20 (4) and (5) of Appendix I, a movement certificate EUR.1 shall be issued by the customs authorities of a Member State of the European Union or of Tunisia if the products concerned can be considered as products originating in the European Union or in Tunisia, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.
2. Without prejudice to Article 21 (2) and (3) of Appendix I, an origin declaration may be made out if the products concerned may be considered as products originating in the European Union or in Tunisia, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.
Article 5
Supplier's declaration
1. When a movement certificate EUR.1 is issued, or an origin declaration is made out, in the European Union or Tunisia for originating products, in the manufacture of which goods coming from Algeria, Morocco, Tunisia or the European Union which have undergone working or processing in these countries without having obtained preferential originating status, have been used, account shall be taken of the supplier's declaration given for these goods in accordance with this Article.
2. The supplier's declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in Algeria, Morocco, Tunisia or the European Union by the goods concerned for the purpose of determining whether the products in the manufacture of which these goods are used, can be considered as products originating in the European Union or Tunisia and fulfil the other requirements of Appendix I to this Convention.
3. A separate supplier's declaration shall, except in cases provided in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex A on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.
4. Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in Algeria, Morocco, Tunisia or the European Union is expected to remain constant for considerable periods of time, he may provide a single supplier's declaration to cover subsequent consignments of those goods, hereinafter referred to as a 'long-term supplier's declaration'.
A long-term supplier's declaration may normally be valid for a period of up to one year from the date of making out the declaration. The customs authorities of the country where the declaration is made out lay down the conditions under which longer periods may be used.
The long-term supplier's declaration shall be made out by the supplier in the form prescribed in Annex B and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by this declaration or together with his first consignment.
The supplier shall inform his customer immediately if the long-term supplier's declaration is no longer applicable to the goods supplied.
5. The supplier's declaration referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages in which the Agreement is drawn up, in accordance with the provisions of the national law of the country where it is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.
6. The supplier making out a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is made out, all appropriate documents proving that the information given on this declaration is correct.
Article 6
Supporting documents
Supplier's declaration proving the working or processing undergone in the European Union, Tunisia, Morocco or Algeria by materials used, made out in one of these countries, shall be treated as a document referred to in Articles 20 (3) and 18 (3) of the Appendix I and Article 5 (6) of this Annex used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in the European Union or in Tunisia and fulfil the other requirements of Appendix I to this Convention.
Article 7
Preservation of supplier's declaration
The supplier making out a supplier's declaration shall keep for at least three years copies of the declaration and of the invoice, delivery notes or other commercial document to which this declaration is annexed as well as the documents referred to in Article 5 (6) of this Annex.
The supplier making out a long-term supplier's declaration shall keep for at least three years copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 5 (6) of this Annex. This period shall begin from the date of expiry of validity of the long-term supplier's declaration.
Article 8
Administrative cooperation
In order to ensure the proper application of this Annex, the European Union and Tunisia shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations or the supplier's declarations and the correctness of the information given in these documents.
Article 9
Verification of supplier's declarations
1. Subsequent verifications of supplier's declarations or long-term supplier's declarations may be carried out at random or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in this document.
2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the country referred to in paragraph 1 shall return the supplier's declaration and invoice(s), delivery note(s) or other commercial documents concerning goods covered by this declaration, to the customs authorities of the country where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.
They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier's declaration is incorrect.
3. The verification shall be carried out by the customs authorities of the country where the supplier's declaration was made out. For this purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier's accounts or any other check which they consider appropriate.
4. The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. These results shall indicate clearly whether the information given in the supplier's declaration is correct and make it possible for them to determine whether and to what extent this supplier's declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.
Article 10
Sanctions
Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.
Article 11
Free zones
1. The European Union and Tunisia shall take all necessary steps to ensure that products traded under cover of a proof of origin, which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.
2. By way of derogation from paragraph 1, when products originating in the European Union or Tunisia 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 movement certificate EUR.1 at the exporter's request, if the treatment or processing undergone complies with the provisions of this Convention.
ANNEX V
Trade between the Republic of Türkiye and the participants in the European Union’s Stabilisation and Association Process
Article 1
Products listed below shall be excluded from cumulation provided for in Article 7 of Appendix I, if:
a) the country of final destination is the Republic of Türkiye, and:
(i) the materials used in the manufacture of these products are originating in any of the participants in the European Union’s Stabilisation and Association Process; or
(ii) these products have acquired their origin on the basis of working or processing carried out in any of the participants in the European Union’s Stabilisation and Association Process;
or
b) the country of final destination is any of the participants in the European Union’s Stabilisation and Association Process, and:
(i) the materials used in the manufacture of these products are originating in the Republic of Türkiye; or
(ii) these products have acquired their origin on the basis of working or processing carried out in the Republic of Türkiye.
|
CN-Code |
Description |
|
1704 90 99 |
Other sugar confectionery, not containing cocoa. |
|
1806 10 30 1806 10 90 |
Chocolate and other food preparations containing cocoa - Cacao powder, containing added sugar or 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 - - Containing 80% or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose |
|
1806 20 95 |
- Other food preparations containing cocoa in block, slabs or bars weighting more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packaging 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 (than malt extract) --- Other |
|
2101 12 98 |
Other preparations with a basis of coffee |
|
2101 20 98 |
Other preparations with a basis of tea or mate |
|
2106 90 59 |
Food preparations not elsewhere specified or included - Other -- Other |
|
2106 90 98 |
Food preparations not elsewhere specified or included: - Other (than protein concentrates and textured protein substances) -- 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 characterizing a beverage: ----Of an actual alcoholic strength by volume exceeding 0.5% ----Other: -----Containing no milkfats, sucrose, isoglucose, glucose, or starch or containing, by weight, less than 1.5% milkfat, 5%sucrose or isoglucose, 5% glucose or starch -----Other |
ANNEX VI
Trade between the Republic of Türkiye and the Kingdom of Morocco
Article 1
Goods having acquired their origin by application of the provisions foreseen in this Annex shall be excluded from cumulation as referred to in Article 7 of Appendix I.
Article 2
Cumulation in Türkiye
For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Morocco, Algeria or Tunisia shall be considered as having been carried out in Türkiye when the products obtained undergo subsequent working or processing in Türkiye. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in Türkiye only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.
Article 3
Cumulation in Morocco
For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Türkiye, in Algeria or Tunisia shall be considered as having been carried out in Morocco when the products obtained undergo subsequent working or processing in Morocco. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in Morocco only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.
Article 4
Proofs of origin
1. Without prejudice to Article 20 (4) and (5) of Appendix I, a movement certificate EUR.1 shall be issued by the customs authorities of Türkiye or of Morocco if the products concerned can be considered as products originating in Türkiye or in Morocco, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.
2. Without prejudice to Article 21 (2) and (3) of Appendix I, an origin declaration may be made out if the products concerned may be considered as products originating in Türkiye or in Morocco, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.
Article 5
Supplier's declaration
1. When a movement certificate EUR.1 is issued, or an origin declaration is made out, in Türkiye or Morocco for originating products, in the manufacture of which goods coming from Algeria, Morocco, Tunisia or Türkiye which have undergone working or processing in these countries without having obtained preferential originating status, have been used, account shall be taken of the supplier's declaration given for these goods in accordance with this Article.
2. The supplier's declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in Algeria, Morocco, Tunisia or Türkiye by the goods concerned for the purpose of determining whether the products in the manufacture of which these goods are used, may be considered as products originating in Türkiye or Morocco and fulfil the other requirements of Appendix I to this Convention.
3. A separate supplier's declaration shall, except in the cases referred to in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex C on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.
4. Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in Algeria, Morocco, Tunisia or Türkiye is expected to remain constant for considerable periods of time, he may provide a single supplier's declaration to cover subsequent consignments of those goods, hereinafter referred to as a 'long-term supplier's declaration'.
A long-term supplier's declaration may normally be valid for a period of up to one year from the date of making out the declaration. The customs authorities of the country where the declaration is made out lay down the conditions under which longer periods may be used.
The long-term supplier's declaration shall be made out by the supplier in the form prescribed in Annex D and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by this declaration or together with his first consignment.
The supplier shall inform his customer immediately if the long-term supplier's declaration is no longer applicable to the goods supplied.
5. The supplier's declaration referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages in which the Agreement is drawn up, in accordance with the provisions of the national law of the country where it is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.
6. The supplier making out a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is made out, all appropriate documents proving that the information given on this declaration is correct.
Article 6
Supporting documents
Supplier's declaration proving the working or processing undergone in Türkiye, Tunisia, Morocco or Algeria by materials used, made out in one of these countries, shall be treated as a document referred to in Articles 20 (3) and 18 (3) of the Appendix I and Article 5 (6) of this Annex used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in Türkiye or in Morocco and fulfil the other requirements of Appendix I to this Convention.
Article 7
Preservation of supplier's declaration
The supplier making out a supplier's declaration shall keep for at least three years copies of the declaration and of the invoice, delivery notes or other commercial document to which this declaration is annexed as well as the documents referred to in Article 5 (6) of this Annex.
The supplier making out a long-term supplier's declaration shall keep for at least three years copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 5 (6) of this Annex. This period shall begin from the date of expiry of validity of the long-term supplier's declaration.
Article 8
Administrative cooperation
In order to ensure the proper application of this Annex, Türkiye and Morocco shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations or the supplier's declarations and the correctness of the information given in these documents.
Article 9
Verification of supplier's declarations
1. Subsequent verifications of supplier's declarations or long-term supplier's declarations may be carried out at random or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in this document.
2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the country referred to in paragraph 1 shall return the supplier's declaration and invoice(s), delivery note(s) or other commercial documents concerning goods covered by this declaration, to the customs authorities of the country where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.
They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier's declaration is incorrect.
3. The verification shall be carried out by the customs authorities of the country where the supplier's declaration was made out. For this purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier's accounts or any other check which they consider appropriate.
4. The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. These results shall indicate clearly whether the information given in the supplier's declaration is correct and make it possible for them to determine whether and to what extent this supplier's declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.
Article 10
Sanctions
Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.
Article 11
Free zones
1. Türkiye and Morocco shall take all necessary steps to ensure that products traded under cover of a proof of origin, which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.
2. By way of derogation from paragraph 1, when products originating in Türkiye or Morocco 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 movement certificate EUR.1 at the exporter's request, if the treatment or processing undergone complies with the provisions of this Convention.
ANNEX VII
Trade between the Republic of Türkiye and the Republic of Tunisia
Article 1
Goods having acquired their origin by application of the provisions foreseen in this Annex shall be excluded from cumulation as referred to in Article 7 of Appendix I.
Article 2
Cumulation in Türkiye
For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Morocco, Algeria or Tunisia shall be considered as having been carried out in Türkiye when the products obtained undergo subsequent working or processing in Türkiye. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in Türkiye only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.
Article 3
Cumulation in Tunisia
For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Türkiye, in Morocco or Algeria shall be considered as having been carried out in Tunisia when the products obtained undergo subsequent working or processing in Tunisia. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in Tunisia only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.
Article 4
Proofs of origin
1. Without prejudice to Article 20 (4) and (5) of Appendix I, a movement certificate EUR.1 shall be issued by the customs authorities of Türkiye or of Tunisia if the products concerned can be considered as products originating in Türkiye or in Tunisia, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.
2. Without prejudice to Article 21 (2) and (3) of Appendix I, an origin declaration may be made out if the products concerned may be considered as products originating in Türkiye or in Tunisia, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.
Article 5
Supplier's declaration
1. When a movement certificate EUR.1 is issued, or an origin declaration is made out, in Türkiye or Tunisia for originating products, in the manufacture of which goods coming from Algeria, Morocco, Tunisia or Türkiye which have undergone working or processing in these countries without having obtained preferential originating status, have been used, account shall be taken of the supplier's declaration given for these goods in accordance with this Article.
2. The supplier's declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in Algeria, Morocco, Tunisia or Türkiye by the goods concerned for the purpose of determining whether the products in the manufacture of which these goods are used, can be considered as products originating in Türkiye or Tunisia and fulfil the other requirements of Appendix I to this Convention.
3. A separate supplier's declaration shall, except in the cases referred to in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex C on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.
4. Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in Algeria, Morocco, Tunisia or Türkiye is expected to remain constant for considerable periods of time, he may provide a single supplier's declaration to cover subsequent consignments of those goods, hereinafter referred to as a 'long-term supplier's declaration'.
A long-term supplier's declaration may normally be valid for a period of up to one year from the date of making out the declaration. The customs authorities of the country where the declaration is made out lay down the conditions under which longer periods may be used.
The long-term supplier's declaration shall be made out by the supplier in the form prescribed in Annex D and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by this declaration or together with his first consignment.
The supplier shall inform his customer immediately if the long-term supplier's declaration is no longer applicable to the goods supplied.
5. The supplier's declaration referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages in which the Agreement is drawn up, in accordance with the provisions of the national law of the country where it is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.
6. The supplier making out a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is made out, all appropriate documents proving that the information given on this declaration is correct.
Article 6
Supporting documents
Supplier's declaration proving the working or processing undergone in Türkiye, Tunisia, Morocco or Algeria by materials used, made out in one of these countries, shall be treated as a document referred to in Articles 20 (3) and 18 (3) of the Appendix I and Article 5 (6) of this Annex used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in Türkiye or in Tunisia and fulfil the other requirements of Appendix I to this Convention.
Article 7
Preservation of supplier's declaration
The supplier making out a supplier's declaration shall keep for at least three years copies of the declaration and of the invoice, delivery notes or other commercial document to which this declaration is annexed as well as the documents referred to in Article 5 (6) of this Annex.
The supplier making out a long-term supplier's declaration shall keep for at least three years copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 5 (6) of this Annex. This period shall begin from the date of expiry of validity of the long-term supplier's declaration.
Article 8
Administrative cooperation
In order to ensure the proper application of this Annex, Türkiye and Tunisia shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations or the supplier's declarations and the correctness of the information given in these documents.
Article 9
Verification of supplier's declarations
1. Subsequent verifications of supplier's declarations or long-term supplier's declarations may be carried out at random or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in this document.
2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the country referred to in paragraph 1 shall return the supplier's declaration and invoice(s), delivery note(s) or other commercial documents concerning goods covered by this declaration, to the customs authorities of the country where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.
They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier's declaration is incorrect.
3. The verification shall be carried out by the customs authorities of the country where the supplier's declaration was made out. For this purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier's accounts or any other check which they consider appropriate.
4. The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. These results shall indicate clearly whether the information given in the supplier's declaration is correct and make it possible for them to determine whether and to what extent this supplier's declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.
Article 10
Sanctions
Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.
Article 11
Free zones
1. Türkiye and Tunisia shall take all necessary steps to ensure that products traded under cover of a proof of origin, which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.
2. By way of derogation from paragraph 1, when products originating in Türkiye or Tunisia 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 movement certificate EUR.1 at the exporter's request, if the treatment or processing undergone complies with the provisions of this Convention.
ANNEX VIII
Trade between the EFTA States and the Republic of Tunisia
Article 1
Goods having acquired origin by application of the provisions foreseen in this Annex shall be excluded from cumulation as referred to in Article 7 of Appendix I.
Article 2
Cumulation in an EFTA State
For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Tunisia shall be considered as having been carried out in an EFTA State when the products obtained undergo subsequent working or processing in an EFTA State. Where, pursuant to this provision, the originating products are obtained in two or more of the Contracting Parties concerned, they shall be considered as originating in an EFTA State only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.
Article 3
Cumulation in Tunisia
For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in the EFTA States shall be considered as having been carried out in Tunisia when the products obtained undergo subsequent working or processing in Tunisia. Where, pursuant to this provision, the originating products are obtained in two or more of the Contracting Parties concerned, they shall be considered as originating in Tunisia only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.
Article 4
Proofs of origin
1. Without prejudice to Article 20 (4) and (5) of Appendix I, a movement certificate EUR.1 shall be issued by the customs authorities of an EFTA State or of Tunisia if the products concerned can be considered as products originating in an EFTA State or in Tunisia, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I.
2. Without prejudice to Article 21 (2) and (3) of Appendix I, an origin declaration may be made out if the products concerned may be considered as products originating in an EFTA State or in Tunisia, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I.
Article 5
Supplier's declaration
1. When a movement certificate EUR.1 is issued, or an origin declaration is made out, in an EFTA State or in Tunisia for originating products, in the manufacture of which goods coming from Tunisia or the EFTA States which have undergone working or processing in these countries without having obtained preferential originating status, have been used, account shall be taken of the supplier's declaration given for these goods in accordance with this Article.
2. The supplier's declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in Tunisia or the ETFA States by the goods concerned for the purpose of determining whether the products in the manufacture of which these goods are used, may be considered as products originating in the EFTA States or Tunisia and fulfil the other requirements of Appendix I.
3. A separate supplier's declaration shall, except in the cases referred to in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex E on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.
4. Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in Tunisia or the EFTA States is expected to remain constant for considerable periods of time, he may provide a single supplier's declaration to cover subsequent consignments of those goods, hereinafter referred to as a 'long-term supplier's declaration'.
A long-term supplier's declaration may normally be valid for a period of up to one year from the date of making out the declaration. The customs authorities of the country where the declaration is made out lay down the conditions under which longer periods may be used.
The long-term supplier's declaration shall be made out by the supplier in the form prescribed in Annex F and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by this declaration or together with his first consignment.
The supplier shall inform his customer immediately if the long-term supplier's declaration is no longer applicable to the goods supplied.
5. The supplier's declaration referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages in which the Agreement is drawn up, in accordance with the provisions of the national law of the country where it is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.
6. The supplier making out a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is made out, all appropriate documents proving that the information given on this declaration is correct.
Article 6
Supporting documents
Supplier's declaration proving the working or processing undergone in the EFTA States or Tunisia by materials used, made out in one of these countries, shall be treated as a document referred to in Articles 20 (3) and 18 (3) of Appendix I and Article 5 (6) of this Annex used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in the an EFTA State or in Tunisia and fulfil the other requirements of Appendix I.
Article 7
Preservation of supplier's declaration
The supplier making out a supplier's declaration shall keep for at least three years copies of the declaration and of the invoice, delivery notes or other commercial document to which this declaration is annexed as well as the documents referred to in Article 5 (6) of this Annex.
The supplier making out a long-term supplier's declaration shall keep for at least three years copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 5 (6) of this Annex. This period shall begin from the date of expiry of validity of the long-term supplier's declaration.
Article 8
Administrative cooperation
In order to ensure the proper application of this Annex, the EFTA States and Tunisia shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations or the supplier's declarations and the correctness of the information given in these documents.
Article 9
Verification of supplier's declarations
1. Subsequent verifications of supplier's declarations or long-term supplier's declarations may be carried out at random or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in this document.
2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the country referred to in paragraph 1 shall return the supplier's declaration and invoice(s), delivery note(s) or other commercial documents concerning goods covered by this declaration, to the customs authorities of the country where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.
They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier's declaration is incorrect.
3. The verification shall be carried out by the customs authorities of the country where the supplier's declaration was made out. For this purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier's accounts or any other check which they consider appropriate.
4. The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. These results shall indicate clearly whether the information given in the supplier's declaration is correct and make it possible for them to determine whether and to what extent this supplier's declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.
Article 10
Sanctions
Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.
Article 11
Free zones
1. The EFTA States and Tunisia shall take all necessary steps to ensure that products traded under cover of a proof of origin, which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.
2. By way of derogation from paragraph 1, when products originating in an EFTA State or Tunisia 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 movement certificate EUR.1 at the exporter's request, if the treatment or processing undergone complies with the provisions of this Convention.
ANNEX IX
Trade in the framework of the Agreement setting up a free trade area among the Arab Mediterranean countries (Agadir Agreement)
Products obtained in the countries members of the Agreement setting up a free trade area among the Arab Mediterranean countries (Agadir Agreement) from materials from chapters 1 to 24 of the Harmonised System are excluded from diagonal cumulation with the other Contracting Parties, when trade for these materials is not liberalised in the framework of the free trade agreements concluded between the country of final destination and the country of origin of the materials used for the manufacturing of this product.
ANNEX X
Trade covered by the Central European Free Trade Agreement (CEFTA) involving the Republic of Moldova and the participants in the European Union’s Stabilisation and Association Process
Article 1
Exclusions from cumulation of origin
Products having acquired their origin by application of the provisions foreseen in this Annex shall be excluded from cumulation as referred to in Article 3 of Appendix I.
Article 2
Cumulation of origin
For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in the Republic of Moldova or the participants in the European Union’s Stabilisation and Association Process (‘the CEFTA Parties’), shall be considered as having been carried out in any other CEFTA Party when the products obtained undergo subsequent working or processing in the CEFTA Party concerned. Where, pursuant to this provision, the originating products are obtained in two or more of the Parties concerned, they shall be considered as originating in the CEFTA Party concerned only if the working and processing goes beyond the operations referred to in Article 6 of Appendix I.
Article 3
Proofs of origin
1. Without prejudice to Article 16(4) and (5) of Appendix I, a movement certificate EUR.1 shall be issued by the customs authorities of a CEFTA Party if the products concerned can be considered as products originating in a CEFTA Party with application of the cumulation referred to in Article 2 of this Annex, and fulfil the other requirements of Appendix I.
2. Without prejudice to Article 21(2) and (3) of Appendix I, an origin declaration may be made out if the products concerned can be considered as products originating in a CEFTA Party, with application of the cumulation referred to in Article 2 of this Annex, and fulfil the other requirements of Appendix I.
Article 4
Supplier’s declarations
1. When a movement certificate EUR.1 is issued or an origin declaration is made out in a CEFTA Party for originating products in the manufacture of which goods coming from other CEFTA Parties, which have undergone working or processing in these Parties without having obtained preferential originating status have been used, account shall be taken of the supplier’s declaration given for those goods in accordance with this Article.
2. The supplier’s declaration referred to in paragraph 1 of this Article shall serve as evidence of the working or processing undergone in the CEFTA Parties by the goods concerned for the purpose of determining whether the products in the manufacture of which those goods are used can be considered as products originating in the CEFTA Parties and fulfil the other requirements of Appendix I.
3. A separate supplier’s declaration shall, except in the cases referred to in paragraph 4 of this Article, be made out by the supplier for each consignment of goods in the form prescribed in Annex G to this Appendix on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.
4. Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in the CEFTA Parties is expected to remain constant for a considerable period of time, he may provide a single supplier’s declaration to cover subsequent consignments of those goods (‘long-term supplier’s declaration’).
A long-term supplier’s declaration may normally be valid for a period of up to one year from the date of making out of the declaration. The customs authority of a CEFTA Party where the declaration is made out lays down the conditions under which longer periods may be used.
The long-term supplier’s declaration shall be made out by the supplier in the form prescribed in Annex H to this Appendix and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by that declaration or together with his first consignment.
The supplier shall inform his customer immediately if the long-term supplier’s declaration is no longer applicable to the goods supplied.
5. The supplier’s declarations referred to in paragraphs 3 and 4 of this Article shall be typed or printed in English, in accordance with the provisions of the national law of the CEFTA Party where the declaration is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.
6. The supplier making out a declaration shall be prepared to submit at any time, at the request of the customs authority of the CEFTA Party where the declaration is made out, all appropriate documents proving that the information given on that declaration is correct.
Article 5
Supporting documents
Supplier’s declarations proving the working or processing undergone in the CEFTA Parties by materials used, made out in one of those parties shall be treated as a document referred to in Articles 16(3) and 21(5) of Appendix I and Article 4(6) of this Annex used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in a CEFTA Party and fulfil the other requirements of Appendix I.
Article 6
Preservation of supplier’s declarations
The supplier making out a supplier’s declaration shall keep for at least three years copies of the declaration and of all the invoices, delivery notes or other commercial documents to which that declaration is annexed as well as the documents referred to in Article 4(6) of this Annex.
The supplier making out a long-term supplier’s declaration shall keep for at least three years copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 4(6) of this Annex. That period shall begin from the date of expiry of validity of the long term supplier’s declaration.
Article 7
Administrative cooperation
Without prejudice to Articles 31 and 32 of Appendix I, in order to ensure the proper application of this Annex, the CEFTA Parties shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations or the supplier’s declarations and the correctness of the information given in those documents.
Article 8
Verification of supplier’s declarations
1. Subsequent verifications of supplier’s declarations or long-term supplier’s declarations may be carried out at random or whenever the customs authority of the CEFTA Party where such declarations have been taken into account to use a movement certificate EUR.1 or to make out an origin declaration have reasonable doubts as to the authenticity of the document or the correctness of the information given therein.
2. For the purposes of implementing the provisions of paragraph 1 of this Article, the customs authority of the CEFTA Party referred to paragraph 1 of this Article shall return the supplier’s declaration or the long-term supplier’s declaration and invoices, delivery notes or other commercial documents concerning goods covered by such declaration to the customs authority of the CEFTA Party where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.
They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier’s declaration or the long-term supplier’s declaration is incorrect.
3. The verification shall be carried out by the customs authority of the CEFTA Party where the supplier’s declaration or the long-term supplier’s declaration was made out. For that purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier’s accounts or any other check which they consider appropriate.
4. The customs authority requesting the verification shall be informed of the results thereof as soon as possible. Those results shall indicate clearly whether the information given in the supplier’s declaration or the long-term supplier’s declaration is correct and make it possible for them to determine whether and to what extent such declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.
Article 9
Penalties
Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.
Article 10
Prohibition of drawback of, or of exemption from, customs duties
The prohibition in paragraph 1 of Article 14 of Appendix I shall not apply in bilateral trade between CEFTA Parties.
ANNEX A
Supplier's declaration for goods which have undergone working or processing in the European Union, Algeria, Morocco or Tunisia without having obtained preferential originating status
The supplier’s declaration, the text of which is provided below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
SUPPLIER’S DECLARATION
for goods which have undergone working or processing in the European Union, Algeria, Morocco or Tunisia without having obtained preferential originating status
I, the undersigned, supplier of the goods covered by the annexed document, declare that:
1. The following materials which do not originate in the European Union, Algeria, Morocco or Tunisia have been used in the European Union, Algeria, Morocco or Tunisia to produce these goods:
|
Description of the goods supplied (1) |
Description of non-originating materials used |
Heading of non-originating materials used (2) |
Value of non-originating materials used (2)(3) |
|
|
Total |
||||
2. All the other materials used in the European Union, Algeria, Morocco or Tunisia to produce these goods originate in the European Union, Algeria, Morocco or Tunisia;
3. The following goods have undergone working or processing outside the European Union, Algeria, Morocco or Tunisia in accordance with Article 11 of Appendix I to this Convention and have acquired the following total added value there:
|
Description of the goods supplied |
Total added value acquired outside the European Union, Algeria, Morocco or Tunisia (4) |
|
|
(Place and date) |
||
|
(Address and signature of the supplier; in addition the name of
|
||
(1) When the invoice, delivery note or other commercial document to which the declaration is annexed relates to different kinds of goods, or to goods which do not incorporate non-originating materials to the same extent, the supplier must clearly differentiate them.
Example:
The document relates to different models of electric motor of heading 8501 to be used in the manufacture of washing machines of heading 8450. The nature and value of the non-originating materials used in the manufacture of these motors differ from one model to another. The models must therefore be differentiated in the first column and the indications in the other columns must be provided separately for each of the models to make it possible for the manufacturer of washing machines to make a correct assessment of the originating status of his products depending on which model of electrical motor he uses.
(2) The indications requested in these columns should only be given if they are necessary.
Examples:
The rule for garments of ex Chapter 62 says weaving combined with making-up including cutting of fabric may be used. If a manufacturer of such garments in Algeria uses fabric imported from the European Union which has been obtained there by weaving non-originating yarn, it is sufficient for the European Union supplier to describe in his declaration the non-originating material used as yarn, without it being necessary to indicate the heading and value of such yarn.
A producer of iron of heading 7217 who has produced it from non-originating iron bars should indicate in the second column 'bars of iron'. Where this wire is to be used in the production of a machine, for which the rule contains a limitation for all non-originating materials used to a certain percentage value, it is necessary to indicate in the third column the value of non-originating bars.
(3) 'Value of materials' means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the European Union, Algeria, Morocco or Tunisia. The exact value for each non-originating material used be given per unit of the goods specified in the first column.
(4) 'Total added value' shall mean all costs accumulated outside the European Union, Algeria, Morocco or Tunisia, including the value of all materials added there. The exact total added value acquired outside the European Union, Algeria, Morocco or Tunisia must be given per unit of the goods specified in the first column.
ANNEX B
Long-term supplier’s declaration for goods which have undergone working or processing in the European Union, Algeria, Morocco or Tunisia without having obtained preferential originating status
The long-term supplier’s declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
LONG-TERM SUPPLIER’S DECLARATION
for goods which have undergone working or processing in the European Union, Algeria, Morocco or Tunisia without having obtained preferential originating status
I, the undersigned, supplier of the goods covered by this document, which are regularly supplied to ……………………………………… (1) declare that:
1. The following materials which do not originate in the European Union, Algeria, Morocco, or Tunisia have been used in the European Union, Algeria, Morocco or Tunisia to produce these goods:
|
Description of the goods supplied (2) |
Description of non-originating materials used |
Heading of non-originating materials used (3) |
Value of non-originating materials used (3)(4) |
|
|
Total |
||||
2. All the other materials used in the European Union, Algeria, Morocco or Tunisia to produce these goods originate in the European Union, Algeria, Morocco or Tunisia;
3. The following goods have undergone working or processing outside the European Union, Algeria, Morocco or Tunisia in accordance with Article 11 of Appendix I to this Convention and have acquired the following total added value there:
|
Description of the goods supplied |
Total added value acquired outside the European Union, Algeria, Morocco or Tunisia (5) |
This declaration is valid for all subsequent consignments of these goods dispatched from………………………………………………………………
to………………………………………………………………....(6)
I undertake to inform…………………………………………….(1) immediately if this declaration is no longer valid.
……………………………………
(Place and date)
……………………………………
……………………………………
……………………………………
(Address and signature of the supplier;
in addition the name of the person signing
the declaration has to be indicated in clear script)
(1) Name and address of the customer
(2) When the invoice, delivery note or other commercial document to which the declaration is annexed relates to different kinds of goods, or to goods which do not incorporate non-originating materials to the same extent, the supplier must clearly differentiate them.
Example:
The document relates to different models of electric motor of heading 8501 to be used in the manufacture of washing machines of heading 8450. The nature and value of the non-originating materials used in the manufacture of these motors differ from one model to another. The models must therefore be differentiated in the first column and the indications in the other columns must be provided separately for each of the models to make it possible for the manufacturer of washing machines to make a correct assessment of the originating status of his products depending on which model of electrical motor he uses.
(3) The indications requested in these columns should only be given if they are necessary.
Examples:
The rule for garments of ex Chapter 62 says weaving combined with making-up including cutting of fabric may be used. If a manufacturer of such garments in Algeria uses fabric imported from the European Union which has been obtained there by weaving non-originating yarn, it is sufficient for the European Union supplier to describe in his declaration the non-originating material used as yarn, without it being necessary to indicate the heading and value of such yarn.
A producer of iron of heading 7217 who has produced it from non-originating iron bars should indicate in the second column 'bars of iron'. Where this wire is to be used in the production of a machine, for which the rule contains a limitation for all non-originating materials used to a certain percentage value, it is necessary to indicate in the third column the value of non-originating bars.
(4) 'Value of materials' means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the European Union, Algeria, Morocco or Tunisia. The exact value for each non-originating material used be given per unit of the goods specified in the first column.
(5) ) 'Total added value' shall mean all costs accumulated outside the European Union, Algeria, Morocco or Tunisia, including the value of all materials added there. The exact total added value acquired outside the European Union, Algeria, Morocco or Tunisia must be given per unit of the goods specified in the first column.
(6) Insert dates. The period of validity of the long term supplier's declaration should not normally exceed 12 months, subject to the conditions laid down by the customs authorities of the country where the long term supplier's declaration is made out.
ANNEX C
Supplier's declaration for goods which have undergone working or processing in Türkiye, Algeria, Morocco or Tunisia without having obtained preferential originating status
The supplier’s declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
SUPPLIER’S DECLARATION
for goods which have undergone working or processing in Türkiye, Algeria, Morocco or Tunisia without having obtained preferential originating status
I, the undersigned, supplier of the goods covered by the annexed document, declare that:
1. The following materials which do not originate in Türkiye, Algeria, Morocco or Tunisia have been used in Türkiye, Algeria, Morocco or Tunisia to produce these goods:
|
Description of the goods supplied (1) |
Description of non-originating materials used |
Heading of non-originating materials used (2) |
Value of non-originating materials used (2)(3) |
|
|
Total |
||||
2. All the other materials used in Türkiye, Algeria, Morocco or Tunisia to produce these goods originate in Türkiye, Algeria, Morocco or Tunisia;
3. The following goods have undergone working or processing outside Türkiye, Algeria, Morocco or Tunisia in accordance with Article 11 of Appendix I to this Convention and have acquired the following total added value there:
|
Description of the goods supplied |
Total added value acquired outside Türkiye, Algeria, Morocco or Tunisia (4) |
|
|
(Place and date) |
||
|
(Address and signature of the supplier; in addition the name of
|
||
(1) When the invoice, delivery note or other commercial document to which the declaration is annexed relates to different kinds of goods, or to goods which do not incorporate non-originating materials to the same extent, the supplier must clearly differentiate them.
Example:
The document relates to different models of electric motor of heading 8501 to be used in the manufacture of washing machines of heading 8450. The nature and value of the non-originating materials used in the manufacture of these motors differ from one model to another. The models must therefore be differentiated in the first column and the indications in the other columns must be provided separately for each of the models to make it possible for the manufacturer of washing machines to make a correct assessment of the originating status of his products depending on which model of electrical motor he uses.
(2) The indications requested in these columns should only be given if they are necessary.
Examples:
The rule for garments of ex Chapter 62 says weaving combined with making-up including cutting of fabric may be used. If a manufacturer of such garments in Tunisia uses fabric imported from Türkiye which has been obtained there by weaving non-originating yarn, it is sufficient for Türkiye supplier to describe in his declaration the non-originating material used as yarn, without it being necessary to indicate the heading and value of such yarn.
A producer of iron of heading 7217 who has produced it from non-originating iron bars should indicate in the second column 'bars of iron'. Where this wire is to be used in the production of a machine, for which the rule contains a limitation for all non-originating materials used to a certain percentage value, it is necessary to indicate in the third column the value of non-originating bars.
(3) 'Value of materials' means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in Türkiye, Algeria, Morocco or Tunisia. The exact value for each non-originating material used be given per unit of the goods specified in the first column.
(4) 'Total added value' shall mean all costs accumulated outside Türkiye, Algeria, Morocco or Tunisia, including the value of all materials added there. The exact total added value acquired outside Türkiye, Algeria, Morocco or Tunisia must be given per unit of the goods specified in the first column.
ANNEX D
Long-term supplier’s declaration for goods which have undergone working or processing in Türkiye, Algeria, Morocco or Tunisia without having obtained preferential originating status
The long-term supplier’s declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
LONG-TERM SUPPLIER’S DECLARATION
for goods which have undergone working or processing in Türkiye, Algeria, Morocco or Tunisia without having obtained preferential originating status
I, the undersigned, supplier of the goods covered by this document, which are regularly supplied to ……………………………………… (1) declare that:
1. The following materials which do not originate in Türkiye, Algeria, Morocco, or Tunisia have been used in Türkiye, Algeria, Morocco or Tunisia to produce these goods:
|
Description of the goods supplied (2) |
Description of non-originating materials used |
Heading of non-originating materials used (3) |
Value of non-originating materials used (3)(4) |
|
|
Total |
||||
2. All the other materials used in Türkiye, Algeria, Morocco or Tunisia to produce these goods originate in Türkiye, Algeria, Morocco or Tunisia;
3. The following goods have undergone working or processing outside Türkiye, Algeria, Morocco or Tunisia in accordance with Article 11 of Appendix I to this Convention and have acquired the following total added value there:
|
Description of the goods supplied |
Total added value acquired outside Türkiye, Algeria, Morocco or Tunisia (5) |
This declaration is valid for all subsequent consignments of these goods dispatched from………………………………………………………………
to………………………………………………………………....(6)
I undertake to inform…………………………………………….(1) immediately if this declaration is no longer valid.
……………………………………
(Place and date)
……………………………………
……………………………………
……………………………………
(Address and signature of the supplier;
in addition the name of the person signing
the declaration has to be indicated in clear script)
(1) Name and address of the customer
(2) When the invoice, delivery note or other commercial document to which the declaration is annexed relates to different kinds of goods, or to goods which do not incorporate non-originating materials to the same extent, the supplier must clearly differentiate them.
Example:
The document relates to different models of electric motor of heading 8501 to be used in the manufacture of washing machines of heading 8450. The nature and value of the non-originating materials used in the manufacture of these motors differ from one model to another. The models must therefore be differentiated in the first column and the indications in the other columns must be provided separately for each of the models to make it possible for the manufacturer of washing machines to make a correct assessment of the originating status of his products depending on which model of electrical motor he uses.
(3) The indications requested in these columns should only be given if they are necessary.
Examples:
The rule for garments of ex Chapter 62 says that weaving combined with making-up including cutting of fabric may be used. If a manufacturer of such garments in Tunisia uses fabric imported from Türkiye which has been obtained there by weaving non-originating yarn, it is sufficient for Türkiye supplier to describe in his declaration the non-originating material used as yarn, without it being necessary to indicate the heading and value of such yarn.
A producer of iron of heading 7217 who has produced it from non-originating iron bars should indicate in the second column 'bars of iron'. Where this wire is to be used in the production of a machine, for which the rule contains a limitation for all non-originating materials used to a certain percentage value, it is necessary to indicate in the third column the value of non-originating bars.
(4) Value of materials' means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in Türkiye, Algeria, Morocco or Tunisia. The exact value for each non-originating material used be given per unit of the goods specified in the first column.
(5) Total added value' shall mean all costs accumulated outside Türkiye, Algeria, Morocco or Tunisia, including the value of all materials added there. The exact total added value acquired outside Türkiye, Algeria, Morocco or Tunisia must be given per unit of the goods specified in the first column.
(6) Insert dates. The period of validity of the long term supplier's declaration should not normally exceed 12 months, subject to the conditions laid down by the customs authorities of the country where the long term supplier's declaration is made out.
ANNEX E
Supplier's declaration for goods which have undergone working or processing in an EFTA State or Tunisia without having obtained preferential originating status
The supplier’s declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
SUPPLIER’S DECLARATION
for goods which have undergone working or processing in an EFTA State or Tunisia without having obtained preferential originating status
I, the undersigned, supplier of the goods covered by the annexed document, declare that:
1. The following materials which do not originate in an EFTA State or Tunisia have been used in an EFTA State or Tunisia to produce these goods:
|
Description of the goods supplied (1) |
Description of non-originating materials used |
Heading of non-originating materials used (2) |
Value of non-originating materials used (2)(3) |
|
|
Total |
||||
2. All the other materials used in an EFTA State or Tunisia to produce these goods originate in an EFTA State or Tunisia;
3. The following goods have undergone working or processing outside an EFTA State or Tunisia in accordance with Article 11 of Appendix I to this Convention and have acquired the following total added value there:
|
Description of the goods supplied |
Total added value acquired outside an EFTA State or Tunisia (4) |
|
|
(Place and date) |
||
|
(Address and signature of the supplier; in addition the name of
|
||
(1) When the invoice, delivery note or other commercial document to which the declaration is annexed relates to different kinds of goods, or to goods which do not incorporate non-originating materials to the same extent, the supplier must clearly differentiate them.
Example:
The document relates to different models of electric motor of heading 8501 to be used in the manufacture of washing machines of heading 8450. The nature and value of the non-originating materials used in the manufacture of these motors differ from one model to another. The models must therefore be differentiated in the first column and the indications in the other columns must be provided separately for each of the models to make it possible for the manufacturer of washing machines to make a correct assessment of the originating status of his products depending on which model of electrical motor he uses.
(2) The indications requested in these columns should only be given if they are necessary.
Examples:
The rule for garments of ex Chapter 62 says that weaving combined with making-up including cutting of fabric may be used. If a manufacturer of such garments in Tunisia uses fabric imported from an EFTA State which has been obtained there by weaving non-originating yarn, it is sufficient for the EFTA State supplier to describe in his declaration the non-originating material used as yarn, without it being necessary to indicate the heading and value of such yarn.
A producer of iron of heading 7217 who has produced it from non-originating iron bars should indicate in the second column 'bars of iron'. Where this wire is to be used in the production of a machine, for which the rule contains a limitation for all non-originating materials used to a certain percentage value, it is necessary to indicate in the third column the value of non-originating bars.
(3) 'Value of materials' means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in an EFTA State or Tunisia. The exact value for each non-originating material used be given per unit of the goods specified in the first column.
(4) 'Total added value' shall mean all costs accumulated outside an EFTA State or Tunisia, including the value of all materials added there. The exact total added value acquired outside an EFTA State or Tunisia must be given per unit of the goods specified in the first column.
ANNEX F
Long-term supplier’s declaration for goods which have undergone working or processing in an EFTA State or Tunisia without having obtained preferential originating status
The long-term supplier’s declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
LONG-TERM SUPPLIER’S DECLARATION
for goods which have undergone working or processing in an EFTA State or Tunisia without having obtained preferential originating status
I, the undersigned, supplier of the goods covered by this document, which are regularly supplied to ……………………………………… (1) declare that:
1. The following materials which do not originate in an EFTA State or Tunisia have been used in an EFTA State or Tunisia to produce these goods:
|
Description of the goods supplied (2) |
Description of non-originating materials used |
Heading of non-originating materials used (3) |
Value of non-originating materials used (3)(4) |
|
|
Total |
||||
2. All the other materials used in an EFTA State or Tunisia to produce these goods originate in an EFTA State or Tunisia;
3. The following goods have undergone working or processing outside an EFTA State or Tunisia in accordance with Article 11 of Appendix I to this Convention and have acquired the following total added value there:
|
Description of the goods supplied |
Total added value acquired outside an EFTA State or Tunisia (5) |
This declaration is valid for all subsequent consignments of these goods dispatched from………………………………………………………………
to………………………………………………………………....(6)
I undertake to inform…………………………………………….(1) immediately if this declaration is no longer valid.
……………………………………
(Place and date)
……………………………………
……………………………………
……………………………………
(Address and signature of the supplier;
in addition the name of the person signing
the declaration has to be indicated in clear script)
(1) Name and address of the customer
(2) When the invoice, delivery note or other commercial document to which the declaration is annexed relates to different kinds of goods, or to goods which do not incorporate non-originating materials to the same extent, the supplier must clearly differentiate them.
Example:
The document relates to different models of electric motor of heading 8501 to be used in the manufacture of washing machines of heading 8450. The nature and value of the non-originating materials used in the manufacture of these motors differ from one model to another. The models must therefore be differentiated in the first column and the indications in the other columns must be provided separately for each of the models to make it possible for the manufacturer of washing machines to make a correct assessment of the originating status of his products depending on which model of electrical motor he uses.
(3) The indications requested in these columns should only be given if they are necessary.
Examples:
The rule for garments of ex Chapter 62 says weaving combined with making-up including cutting of fabric may be used. If a manufacturer of such garments in Tunisia uses fabric imported from an EFTA State which has been obtained there by weaving non-originating yarn, it is sufficient for the EFTA State supplier to describe in his declaration the non-originating material used as yarn, without it being necessary to indicate the heading and value of such yarn.
A producer of iron of heading 7217 who has produced it from non-originating iron bars should indicate in the second column 'bars of iron'. Where this wire is to be used in the production of a machine, for which the rule contains a limitation for all non-originating materials used to a certain percentage value, it is necessary to indicate in the third column the value of non-originating bars.
(4) Value of materials' means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in an EFTA State or Tunisia. The exact value for each non-originating material used be given per unit of the goods specified in the first column.
(5) Total added value' shall mean all costs accumulated outside an EFTA State or Tunisia, including the value of all materials added there. The exact total added value acquired outside an EFTA State or Tunisia must be given per unit of the goods specified in the first column.
(6) Insert dates. The period of validity of the long term supplier's declaration should not normally exceed 12 months, subject to the conditions laid down by the customs authorities of the country where the long term supplier's declaration is made out.
ANNEX G
Supplier’s declaration for goods which have undergone working or processing in the CEFTA Parties without having obtained preferential origin status
The supplier’s declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
SUPPLIER’S DECLARATION
for goods which have undergone working or processing in the CEFTA Parties without having obtained preferential origin status
I, the undersigned, supplier of the goods covered by the annexed document, declare that:
1. The following materials which do not originate in the CEFTA Parties have been used in the CEFTA Parties to produce these goods:
|
Description of the goods supplied( 6 ) |
Description of non-originating materials used |
Heading of non-originating materials used( 7 ) |
Value of non-originating materials used( 8 ) |
|
Total value |
|||
2. All the other materials used in the CEFTA Parties to produce these goods originate in the CEFTA Parties;
3. The following goods have undergone working or processing outside CEFTA Parties, in accordance with Article 11 of Appendix I to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin and have acquired the following total added value there:
|
Description of the goods supplied …………………………………………. …………………………………………. …………………………………………. |
Total added value acquired outside the CEFTA Parties 9 …………………………………………. …………………………………………. |
|
…………………………………………. (Place and date) …………………………………………. …………………………………………. …………………………………………. (Address and signature of the supplier; in addition, the name of the person signing the declaration has to be indicated in clear script) |
ANNEX H
Long-term supplier’s declaration for goods which have undergone working or processing in the CEFTA Parties without having obtained preferential origin status
The long-term supplier’s declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
LONG-TERM SUPPLIER’S DECLARATION
for goods which have undergone working or processing in the CEFTA Parties without having obtained preferential originating status
I, the undersigned, supplier of the goods covered by this document, which are regularly supplied to ……………………………………… 10 declare that:
1. The following materials which do not originate in the CEFTA Parties have been used in the CEFTA Parties, to produce these goods:
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Description of the goods supplied( 11 ) |
Description of non-originating materials used |
Heading of non-originating materials used( 12 ) |
Value of non-originating materials used( 13 ) |
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Total value |
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2. All the other materials used in the CEFTA Parties to produce these goods originate in the CEFTA Parties;
3. The following goods have undergone working or processing outside CEFTA Parties, in accordance with Article 11 of Appendix I to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, and have acquired the following total added value there:
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Description of the goods supplied |
Total added value acquired outside the CEFTA Parties 14 |
This declaration is valid for all subsequent consignments of these goods dispatched from………………………………………………………………
to………………………………………………………………... 15 .
I undertake to inform……………………………………………. 16 immediately if this declaration is no longer valid.
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………………………………………………………. (Place and date) ……………………………………………………….. ……………………………………………………….. ……………………………………………………….. (Address and signature of the supplier; in addition, the name of the person signing the declaration has to be indicated in clear script)" " |
