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Document 01998D0320(01)-20180327

Consolidated text: Decision No 1/98 of the EC- Turkey Association Council of 25 February 1998 on the trade regime for agricultural products (98/223/EC)

ELI: http://data.europa.eu/eli/dec/1998/223/2018-03-27

01998D0320(01) — EN — 27.03.2018 — 002.001


This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►B

DECISION No 1/98 OF THE EC-TURKEY ASSOCIATION COUNCIL

of 25 February 1998

on the trade regime for agricultural products

(98/223/EC)

(OJ L 086 20.3.1998, p. 1)

Amended by:

 

 

Official Journal

  No

page

date

►M1

ADDITIONAL PROTOCOL to the Agreement establishing an Association between the European Economic Community and Turkey following the enlargement of the European Union

  L 254

58

30.9.2005

►M2

DECISION No 2/2006 OF THE EC-TURKEY ASSOCIATION COUNCIL 2006/999/EC of 17 October 2006

  L 367

68

22.12.2006

►M3

DECISION No 1/2018 OF THE EU-TURKEY ASSOCIATION COUNCIL of 27 March 2018

  L 184

10

20.7.2018


Corrected by:

 C1

Corrigendum, OJ L 166, 11.6.1998, p.  56  (320/1998)




▼B

DECISION No 1/98 OF THE EC-TURKEY ASSOCIATION COUNCIL

of 25 February 1998

on the trade regime for agricultural products

(98/223/EC)



THE EC-TURKEY ASSOCIATION COUNCIL,

Having regard to the Agreement establishing an Association between the ►M1  European Community ◄ and Turkey,

Having regard to the Additional Protocol to that Agreement and in particular to Article 35 thereof,

Whereas Article 26 of Decision 1/95 of the Association Council of 22 December 1995 on implementing the final phase of the Customs Union ( 1 ) provides that Turkey and the ►M1  European Community ◄ shall progressively improve the preferential arrangements which they grant each other for their trade in agricultural products;

Whereas the resolution of the Association Council of 6 March 1995 considered it necessary to start negotiations concerning the granting of reciprocal concessions on agricultural products;

Whereas in order to take account of certain problems following the enlargement of the ►M1  European Community ◄ and the implementation of the Uruguay Round Agreement certain changes to the trade regime appeared necessary;

Whereas negotiations have been held between Turkey and the ►M1  European Community ◄ ;

Whereas origin rules have been also agreed between the parties;

Whereas it is appropriate to consolidate in a single document the trade preferences on agricultural products between Turkey and the ►M1  European Community ◄ ,

HAS DECIDED AS FOLLOWS:



Article 1

1.  Quantitative restrictions on imports and on exports of agricultural products and all equivalent measures shall be prohibited between the ►M1  European Community ◄ and Turkey.

2.  The provisions of paragraph 1 shall not restrict in any way the pursuance of the respective agricultural policies of the ►M1  European Community ◄ and Turkey or the taking of any measures under such policies.

Article 2

The preferential regime applied by the ►M1  European Community ◄ to the import of agricultural products originating in Turkey is set out in Protocol 1.

Article 3

The preferential regime applied by Turkey to the import of agricultural products originating in the ►M1  European Community ◄ is set out in Protocol 2.

Article 4

The rules of origin are set out in Protocol 3.

Article 5

Where either the quantities or the prices of imported products from the other party in respect of which a preferential regime has been granted causes or threatens to cause disturbance of the ►M1  European Community ◄ or Turkish markets, consultations shall be held as soon as possible within the Association Council. This shall not preclude the application, in an emergency, of measures provided for under ►M1  European Community ◄ or Turkish rules.

Article 6

Decision No 1/77 and Article 2, Article 3(1), (3) and (4) and Article 4 of Chapter 1 of Decision No 1/80 are hereby deleted.

Article 7

This Decision shall be published in the Official Journal of the European Communities and in the Official Journal of Turkey.

Article 8

This Decision shall enter into force on the day of its adoption.

It shall apply from 1 January 1998. Nevertheless the import arrangements for hazelnuts (CN 0802 21 00 and 0802 22 00 ) laid down in Annex 1 to Protocol 1 shall apply from 1 January 1999.

PROTOCOL 1

concerning the preferential regime applicable to the importation into the ►M1  European Community ◄ of agricultural products originating in Turkey



Article 1

the products originating in Turkey, listed in Annex II to the Treaty establishing the European Community shall be admitted for importation into the ►M1  European Community ◄ according to the conditions contained in this protocol and in Annexes 1, 2 and 3.

Article 2

Ad valorem duties

1.  Imports of the products not contained in Annex 1 shall be exempt from ad valorem duties.

2.  For products listed in Annex 1, ad valorem duties shall be reduced or eliminated as indicated in column ‘C’ thereof during the periods and subject to the conditions specified hereafter and in the Annexes to this protocol.

3.  For certain products listed in Annex 1, ad valorem duties shall be eliminated within the limit of the tariff quotas listed in column ‘D’ thereof for each of them. For quantities imported in excess of these tariff quotas the normal rates of duty of the Common Customs Tariff shall apply.

4.  For certain products listed in Annex 1 the concessions shall only apply within certain periods, as specified in columns ‘A’ and ‘B’ thereof. For quantities imported outside those periods, the normal rates of duty of the Common Customs Tariff shall apply.

Article 3

Specific duties

1.  For certain products listed in Annex 1, the specific duties shall be reduced or eliminated subject to the conditions specified hereafter and in Annex 1.

2.  Specific duties shall be either reduced or eliminated, as indicated in column ‘E’ of Annex 1.

3.  For certain products listed in Annex 1, specific duties shall be reduced or eliminated within the limit of the tariff quotas listed in column ‘F’ thereof for each of them. For quantities imported in excess of the quotas either the normal rates of duty of the Common Customs Tariff shall apply or reduced duties shall apply, as indicated in column ‘G’ of Annex 1.

4.  On condition that Turkey applies a special export tax on rye produced in Turkey and imported directly from that country into the ►M1  European Community ◄ , the specific duty shall be reduced by an amount equal to the export tax charged by Turkey, up to a limit of ECU 11,68 per tonne.

Article 4

Annex 2 sets out a cooperation scheme on hazelnuts.

Article 5

Concerning prepared tomatoes with a dry matter content of not less than 12 % the tariff quota of 30 000 tonnes provided for in Annex 1 shall be opened in two equal instalments of 15 000 tonnes, from 1 January to 30 June and from 1 July to 31 December respectively. This quota is managed according to the coefficients set out in Annex 3.

▼M2

ANNEX 1

ARRANGEMENTS APPLICABLE TO THE IMPORTATION INTO THE COMMUNITY OF AGRICULTURAL PRODUCTS ORIGINATING IN TURKEY

For the purposes of this Annex, the term CCT means the rates shown in column 3 of Part Two or Section I of Part Three of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff ( 2 ).



CN code ()

Description ()

CCT ad valorem duty

Specific duty

Duty reduction

(%)

Tariff quota

(tonnes net weight)

In-quota duty

(EUR/t)

Tariff quota

(tonnes net weight)

Over-quota duty

(EUR/t)

0204

Meat of sheep or goats

100

0

200

 

0207 25 10

Meat of turkeys, not cut in pieces, frozen

 

 

170

1 000

 

0207 25 90

186

0207 27 30

Turkey cuts and offal other than liver, frozen

 

 

134

0207 27 40

93

0207 27 50

339

0207 27 60

127

0207 27 70

230

0406 90 29

Kashkaval cheese

 

 

0

2 300

671,9

0406 90 31

Cheese made from sheep’s milk or buffalo milk, in containers containing brine, or in sheepskin or goatskin bottles

0406 90 50

Other cheese made from sheep’s milk or buffalo milk, in containers containing brine, or in sheepskin or goatskin bottles

ex 0406 90 86

ex 0406 90 87

ex 0406 90 88

Tulum Peyniri, made from sheep or buffalo milk, in individual plastic or other kind of packings of less than 10 kg

0701 90 50

New potatoes, from 1 January to 31 March

100

 

 

 

0701 90

Potatoes, fresh or chilled, other

100

2 500

 

 

 

0703 10 11

0703 10 19

Onions, from 15 February to 15 May

100

 

 

 

0703 10 11

0703 10 19

Onions, from 16 May to 14 February

100

2 000

 

 

 

0703 20 00

Garlic, fresh or chilled

100

0

 

0708 20 00

Beans, from 1 November to 30 April

100

 

 

 

ex 0708 90 00

Broad beans (Vicia Faba major L.), from 1 July to 30 April

100

 

 

 

0709 30 00

Aubergines, from 15 January to 30 April

100

 

 

 

0709 30 00

Aubergines, from 1 May to 14 January

100

1 000

 

 

 

ex 0709 40 00

Ribbed or stick celery (Apium graveolens L., var dulce (Mill) Pers.), from 1 January to 30 April

100

 

 

 

0709 90 70

Courgettes, from 1 December to end February

100

 

 

 

0709 90 70

Courgettes, from 1 March to 30 November

100

500

 

 

 

ex 0709 90 90

Pumpkins, from 1 December to end February

100

 

 

 

ex 0709 90 90

Wild onions of the genus Muscari comosum, from 15 February to 15 May

100

 

 

 

0802 21 00

0802 22 00

Hazelnuts or filberts (Corylus spp)

Duty rate: 3 %

 

 

 

0806 10 10

Fresh table grapes, from 1 May to 17 June and from 1 August to 14 November

100

350

 

 

 

0806 10 10

Fresh table grapes, from 15 November to 30 April and from 18 June to 31 July

100

 

 

 

0807 11 00

Watermelons, from 1 April to 15 June

100

 

 

 

0807 11 00

Watermelons, from 16 June to 31 March

100

16 500

 

 

 

0807 19 00

Other melons, from 1 November to 31 May

100

 

 

 

0809 40 05

Plums, from 1 May to 15 June

100

 

 

 

0811 10 11

Strawberries, frozen

100

0

100

 

0811 20 11

Raspberries, etc., frozen

0811 90 19

Other fruits, frozen

1002 00 00

Rye

 

 

Reduction according to Article 3(4) (MFN — max EUR 11,68/t)

 

 

1107 10

Malt, not roasted

 

 

Reduction of EUR 6,57/t

 

1107 20 00

Malt, roasted

 

 

Reduction of EUR 6,57/t

 

1509 10 10

Virgin lampante olive oil

 

 

10 % reduction

 

1509 10 90  ()

Other virgin olive oil

7,5 % ad valorem

100

0

100

 

1509 10 90

Other virgin olive oil

 

 

10 % reduction

 

1509 90 00

Other olive oil than virgin

 

 

5 % reduction

 

1510 00 10

Crude olive oil

 

 

10 % reduction

 

1510 00 90

Other olive oil

 

 

5 % reduction

 

2002 10

Prepared tomatoes, whole or in pieces

100

8 900

 

 

 

2002 90 11

2002 90 19

Other prepared tomatoes, with a dry matter content of less than 12 % by weight

2002 90 31

2002 90 39

2002 90 91

2002 90 99

Other prepared or preserved tomatoes, with a dry matter content of not less than 12 % by weight

100

30 000 (equivalence 28/30 % dry matter content)

 

 

 

2007 10 10

2007 91 10

2007 91 30

2007 99 20

2007 99 31

2007 99 33

2007 99 35

2007 99 39

2007 99 55

2007 99 57

Jams, jellies, marmalades, puree and pastes

100

67 % reduction

1 750

 

2007 91 30

Jams, jellies, marmalades, puree and pastes, obtained by cooking, other than homogenised preparations, of citrus fruit, with a sugar content exceeding 13 % but not exceeding 30 % by weight

100

0

100

 

2007 99 39

Other preparations, with a sugar content exceeding 30 % by weight

100

0

100

 

2008 30 19

2008 50 19

2008 50 51

2008 50 92

2008 50 94

2008 60 19

2008 70 19

2008 70 51

2008 80 19

Fruit, nuts and other edible parts of plants, otherwise prepared or preserved

100

2 100

 

 

 

2009 11 11

2009 11 91

2009 19 11

2009 19 91

2009 29 11

2009 29 91

2009 39 11

2009 39 51

2009 39 91

2009 61 90

2009 69 11

2009 69 79

2009 69 90

2009 80 11

2009 80 32

2009 80 33

2009 80 35

2009 80 61

2009 80 83

2009 80 84

2009 80 86

2009 90 11

2009 90 21

2009 90 31

2009 90 71

2009 90 92

2009 90 94

Fruit juices

100

67 % reduction

3 400

 

2204 10

Sparkling wine

 

 

0

 

2204 21

Other wine, grape must with fermentation prevented or arrested by the addition of alcohol, in containers holding 2 litres or less

 

 

0

 

2204 29

Other wine, grape must with fermentation prevented or arrested by the addition of alcohol, in containers holding more than 2 litres

 

 

0

 

2206 00

Other fermented beverages; mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included

 

 

0

 

ex  22 07

Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher and ethyl alcohol and other spirits, denatured, of any strength, obtained from agricultural goods listed in Annex I to the EC Treaty

 

 

0

 

2209 00

Vinegar and substitutes for vinegar obtained from acetic acid

 

 

0

 

(1)   CN codes corresponding to Regulation (EC) No 1810/2004 (OJ L 327, 30.10.2004, p. 1).

(2)   Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

(3)   This concession consists of only one tariff quota volume of 100 tonnes with a 7,5 % in-quota duty.

▼B

ANNEX 2

COOPERATION SCHEME ON HAZELNUTS

In order to encourage market stability and continuity of supply as well as stable market prices for hazelnuts, the following cooperation scheme in this sector shall apply.

1. Before the beginning of each marketing year, during the second half of September at the latest, an exchange of views will take place between the two parties which may include, from the ►M1  European Community ◄ side, the relevant European organisations for the product concerned and, from the Turkish side, Fiskobirlik, together with the relevant exporter unions.

During these consultations the market situation for hazelnuts including, in particular, production forecasts, stocks situation, expected producer and export prices and possible market development as well as possibilities of adapting supply to demand will be discussed.

2. If the import of hazelnuts from Turkey into the European Community takes place under such conditions that the European Community market risks being disturbed in the immediate future, the Commission of the European Communities will alert the Turkish authorities. Immediate consultations will take place with the aim of examining possibilities for market stabilisation.

ANNEX 3



TOMATO CONCENTRATE: CORRECTION COEFFICIENTS

Dry matter content by weight

Coefficients

Not less than

But less than

12

14

0,44828

14

16

0,51724

16

18

0,58621

18

20

0,65517

20

22

0,72414

22

24

0,7931

24

26

0,86207

26

28

0,93103

28

30

1

30

32

1,06897

32

34

1,13793

34

36

1,20689

36

38

1,27586

38

40

1,34483

40

42

1,41379

42

93

1,44828

93

100

3,32759

PROTOCOL 2

concerning the preferential regime applicable to the importation into Turkey of agricultural products originating in the ►M1  European Community ◄



Article 1

The products originating in the ►M1  European Community ◄ , listed in Annex II to the Treaty establishing the European Community, shall be admitted for importation into Turkey according to the conditions contained hereafter and in the Annex.

Article 2

1.  Imports charges shall either be eliminated or reduced to the level indicated in column ‘C’ of the Annex, during the periods and subject to the conditions specified hereafter and in the Annex.

2.  For certain products listed in the Annex, the import charges shall be eliminated within the limit of the tariff quotas listed in column ‘D’ thereof for each of them. For quantities imported in excess of the quotas, the import charges of the Turkish import regime to third countries shall apply.

3.  For certain products listed in the Annex the import charges shall be eliminated or reduced within certain periods, as specified in columns ‘A’ and ‘B’ thereof. For quantities imported outside those periods, the import charges of the Turkish import regime to third countries shall apply.

▼M2

ANNEX



ARRANGEMENTS APPLICABLE TO THE IMPORTATION INTO TURKEY OF AGRICULTURAL PRODUCTS ORIGINATING IN THE COMMUNITY

CN code ()

Description ()

Reduction of the MFN duty (%)

Tariff quota (tonnes net weight)

0102 10

Live bovines: pure bred breeding animals

100

unlimited

0102 90 29

Live bovines, other than pure bred breeding animals, of a weight exceeding 80 kg but not exceeding 160 kg

100

2 260

ex 0102 90

Live bovines, other than pure bred breeding animals, other than those of a weight exceeding 80 kg but not exceeding 160 kg

50

4 025

▼M3

0201 20

0202 20

Other cuts of bovine meat, with bone in, fresh or chilled, or frozen

50 % reduction with maximum duty of 30 %

5 000

0201 20

0202 20

Other cuts of bovine meat, with bone in, fresh or chilled, or frozen

30 % reduction with maximum duty of 43 %

14 100

▼M2

0210

Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal

52 % ad valorem

250

0402 10

Milk and cream in powder, granules or other solid forms, of a fat content, by weight, not exceeding 1,5 %

100

2 500  ()

0402 21

Milk and cream in powder, granules or other solid forms, of a fat content, by weight, exceeding 1,5 %, not containing added sugar or other sweetening matter

100

2 500  ()

0404

Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included

30 % ad valorem

700

0405 10

0405 20 90

0405 90

Butter and other fats and oils derived from milk; dairy spreads

100

3 700

0406 30

Processed cheese, not grated or powdered

100

300

0406 90

Other cheese

100

2 000

ex 0406 90

Cheese, other, excluding 0406 90 29 / 31 / 50 / 86 / 87 / 88

100

1 000

0408 11 80

Egg yolks, dried, other

24 % ad valorem

75

0601

Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower; chicory plants and roots other than roots of heading No 1212

100

200

ex 0602 90

Other live plants, excluding 0602 90 91

100

3 400

0603 10

Cut flowers, etc., fresh

100

100

0604

Foliage, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens, being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared

100

100

0701 10 00

Seed potatoes, fresh or chilled

100

6 000

0709 51 00

Mushrooms of the genus Agaricus, fresh or chilled

7 % ad valorem

100

0710 22 00

Beans, frozen

11,5 % ad valorem

100

ex 0808 10

(excl. ()0808 10 80 00 11 0808 10 80 00 13 0808 10 80 00 14 )

Apples, fresh, other than Golden Delicious, Starking and Starkrimson

100

1 750

0808 20

Pears and quinces, fresh

30 % ad valorem

500

0809 30

Peaches, including nectarines, fresh, from 15 July to 31 December

100

1 000

0810 90 30

Tamarinds, cashew apples, lychees, jackfruit and sapodilla plums, fresh

100

1 000

0810 90 40

Passion fruit, carambola and pitahaya, fresh

100

500

0810 90 95

Other fruit, fresh

100

500

0811 10

Strawberries, frozen

20 % ad valorem

100

0902

Tea

Maximum duty: 45 %

200

1001

Wheat and meslin, from 1 September to 31 May

100

30 000

1001 10 00

Durum wheat, from 1 September to 31 May

100

100 000

1001 90

Other wheat, from 1 September to 31 May

100

200 000

1002 00 00

Rye, from 1 September to 31 May

100

22 500

ex 1003 00

Barley, from 1 September to 31 May, for malting

100

49 500

1004 00 00

Oats, from 1 September to 31 May

50

5 000

1005 90 00

Maize (corn), from 1 September to 31 May, other than seed

100

53 640

1005 90 00

Maize (corn), from 1 December to 31 May, other than seed

100

52 000

1006 30

Semi-milled or wholly milled rice

100

28 000

1104 12 90

Flaked grains of oats

50

100

1107

Malt, whether or not roasted

100

500

1206 00 91

1206 00 99

Other sunflower seeds, other than for sowing, from 1 January to 31 August

100

1 000

1207 20 90

Cotton seeds, other than for sowing

100

1 500

ex  12 09

Seeds, fruit and spores, for sowing, except 1209 10 00

100

1 050

1209 10 00

Sugar beet seed

100

300

1502 00

Fats of bovine animals, sheep or goats

100

3 000

1507 10

Soya bean crude oil, from 1 January to 31 August

100

60 000

1507 90

Refined soya oil, from 1 January to 31 August

50

2 000

1512 11

Sunflower seed or safflower crude oil, from 1 January to 31 August

100

18 400

1514 11

1514 91

Crude rape, colza or mustard oil and fractions thereof, not chemically modified, containing 0 % erucic acid, from 1 January to 31 August

100

10 600

1602 10 00

Homogenised preparations

30 % ad valorem

400

1701 99

Cane or beet sugar and chemically pure sucrose, in solid form, other than raw sugar, not containing added flavouring or colouring matter

20 % reduction with a maximum duty of 50 %

80 000

2001 90 50

Mushrooms, prepared or preserved by vinegar or acetic acid

50

325

2001 90 99

Other vegetables and fruit, prepared or preserved by vinegar or acetic acid

2002 90

Tomatoes, prepared or preserved otherwise than by vinegar or acetic acid, other

100

1 500

2003

Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid

13 % ad valorem

50

2005 10

Homogenised vegetables

15 % ad valorem

300

2005 40

Peas prepared or preserved otherwise than by vinegar or acetic acid, not frozen

100

300

2007 10

Homogenised preparations

25 % ad valorem

450

2007 99 10

2007 99 33

2007 99 35

ex 2007 99 39

ex 2007 99 57

ex 2007 99 98

Jams, fruit jellies, marmalades, whether or not containing added sugar or other sweetening matter (excluding hazelnut purée)

20 % ad valorem

1 000

2009 11

2009 12

2009 19

Orange juice

15 % ad valorem

1 000

2009 61

Grape juice

2009 71

2009 79

Apple juice

2009 80 89

Juice of any other single fruit or vegetable with an added sugar content not exceeding 30 % by weight

2009 80 96

Cherry juice

2009 90 11

2009 90 19

2009 90 21

2009 90 29

2009 90 31

2009 90 39

Mixtures of juices

2204 10

Sparkling wine

35 % ad valorem

750 hl

2209 00

Vinegar and substitutes obtained from acetic acid

100

2 500

2301

Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves

100

2304 00 00

Oilcake and other solid residues resulting from the extraction of soya-bean oil

100

2309 10

Dog or cat food, put up for retail sale

100

1 400

2309 90

Other preparations of a kind used in animal feeding

100

6 700

(1)   CN codes corresponding to Regulation (EC) No 1810/2004 (OJ L 327, 30.10.2004, p. 1).

(2)   Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

(3)   These quotas are foreseen for imports under the inward processing scheme.

(4)   Turkish customs codes.

▼B

PROTOCOL 3

On rules of origin

TABLE OF CONTENTS

GENERAL PROVISIONS

– Article 1

Definitions

DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’

– Article 2

General requirements

– Article 3

Bilateral cumulation of origin

– Article 4

Wholly obtained products

– Article 5

Sufficiently worked or processed products

– Article 6

Insufficient working or processing operations

– Article 7

Unit of qualification

– Article 8

Sets

– Article 9

Neutral elements

TERRITORIAL REQUIREMENTS

– Article 10

Principle of territoriality

– Article 11

Direct transport

– Article 12

Exhibitions

DRAWBACK OR EXEMPTION

– Article 13

Prohibition of drawback of, or exemption from, customs duties

PROOF OF ORIGIN

– Article 14

General requirements

– Article 15

Procedure for the issue of a movement certificate EUR.1

– Article 16

Movement certificates EUR.1 issued retrospectively

– Article 17

Issue of a duplicate movement certificate EUR.1

– Article 18

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

– Article 19

Conditions for making out an invoice declaration

– Article 20

Approved exporter

– Article 21

Validity of proof of origin

– Article 22

Submission of proof of origin

– Article 23

Exemptions from proof of origin

– Article 24

Supporting documents

– Article 25

Preservation of proof of origin and supporting documents

– Article 26

Discrepancies and formal errors

– Article 27

Amounts expressed in ecus

ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

– Article 28

Mutual assistance

– Article 29

Verification of proofs of origin

– Article 30

Dispute settlement

– Article 31

Penalties

– Article 32

Free zones

CEUTA AND MELILLA

– Article 33

Application of the Protocol

– Article 34

Special conditions

FINAL PROVISIONS

– Article 35

Amendments to the Protocol



TITLE I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Protocol

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

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

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

(d) ‘goods’ means both materials and products;

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

(f) ‘ex-works price’ means the price paid for the product ex works to the manufacturer in the ►M1  European Community ◄ or Turkey in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the product obtained is exported;

(g) ‘value of materials’ means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the ►M1  European Community ◄ or Turkey;

(h) ‘value of originating materials’ means the value of such materials as defined in subparagraph (g) applied mutatis mutandis;

(i) ‘added value’ shall be taken to be the ex works price minus the customs value of each of the products incorporated which did not originate in the country in which those products were obtained;

(j) ‘chapters’ and ‘headings’ mean the chapters and the headings (four-digit codes) used in the nomenclature which make up the harmonised commodity description and coding system, referred to in this Protocol as ‘the Harmonised System’ or ‘HS’;

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

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

(m) ‘territories’ includes territorial waters.



TITLE II

DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’

Article 2

General requirements

1.  For the purpose of implementing this Decision, the following products shall be considered as originating in the ►M1  European Community ◄ :

(a) products wholly obtained in the ►M1  European Community ◄ within the meaning of Article 4 of this Protocol;

(b) products obtained in the ►M1  European Community ◄ incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the ►M1  European Community ◄ within the meaning of Article 5 of this Protocol;

2.  For the purpose of implementing this Decision, the following products shall be considered as originating in Turkey:

(a) products wholly obtained in Turkey within the meaning of Article 4 of this Protocol;

(b) products obtained in Turkey incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in Turkey within the meaning of Article 5 of this Protocol.

Article 3

Bilateral cumulation of origin

1.  Materials originating in the ►M1  European Community ◄ shall be considered as materials originating in Turkey when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 6(1) of this Protocol.

2.  Materials originating in Turkey shall be considered as materials originating in the ►M1  European Community ◄ when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 6(1) of this Protocol.

Article 4

Wholly obtained products

1.  The following shall be considered as wholly obtained in the ►M1  European Community ◄ or Turkey:

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

(b) vegetable products harvested there;

(c) live animals born and raised there;

(d) products from live animals raised there;

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

(f) products of sea fishing and other products taken from the sea outside the territorial waters of the ►M1  European Community ◄ or Turkey by their vessels;

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

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

(i) goods produced there exclusively from the products specified in subparagraphs (a) to (h).

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

(a) which are registered or recorded in an EC Member State or in Turkey;

(b) which sail under the flag of an EC Member State or of Turkey;

(c) which are owned to an extent of a least 50 % by nationals of EC Member States or of Turkey, or by a company with its head office in one of these States, of which the manager or managers, chairman of the board of directors or the supervisory board, and the majority of the members of such boards are nationals of EC Member States or of Turkey and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to those States or to public bodies or nationals of the said States;

(d) of which the master and officers are nationals of EC Member States or of Turkey; and

(e) of which at least 75 % of the crew are nationals of EC Member States or of Turkey.

Article 5

Sufficiently worked or processed products

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

The conditions referred to above indicate, for all products covered by this Decision, the working or processing which must be carried out on non-originating materials used in manufacturing and apply only in relation to such materials. Accordingly, it follows that if a product, which has acquired originating status by fulfilling the conditions set out in the list is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.

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

(a) their total value does not exceed 10 % of the ex-works price of the product;

(b) any of the percentages given in the list for the maximum value of non-originating materials are not exceeded through the application of this paragraph.

3.  Paragraphs 1 and 2 shall apply except as provided in Article 6.

Article 6

Insufficient working or processing operations

1.  Without prejudice to paragraph 2, the following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 5 are satisfied:

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

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

(c)

 

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

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

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

(e) simple mixing of products, whether or not of different kinds, where one or more components of the mixtures do not meet the conditions laid down in this Protocol to enable them to be considered as originating in the ►M1  European Community ◄ or Turkey;

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

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

(h) slaugther of animals.

2.  All the operations carried out in either the ►M1  European Community ◄ or Turkey on a given product shall be considered together when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.

Article 7

Unit of qualification

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

Accordingly, it follows that:

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

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

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

Article 8

Sets

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

Article 9

Neutral elements

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

(a) energy and fuel;

(b) plant and equipment;

(c) machines and tools;

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



TITLE III

TERRITORIAL REQUIREMENTS

Article 10

Principle of territoriality

1.  The conditions set out in Title II relative to the acquisition of originating status must be fulfilled without interruption in the ►M1  European Community ◄ or Turkey.

2.  If originating goods exported from the ►M1  European Community ◄ or Turkey to another country are returned they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

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

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

Article 11

Direct transport

1.  The preferential treatment provided for under the Decision applies only to products, satisfying the requirements of this Protocol, which are transported directly between the ►M1  European Community ◄ and Turkey. However, products constituting one single consignment may be transported through other territories with, should the occasion arise, transhipment or temporary warehousing in such territories, provided that they remain under the surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.

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

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

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

(i) giving an exact description of the products;

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

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

(c) failing these, any substantiating documents.

Article 12

Exhibitions

1.  Originating products, sent for exhibition in another country and sold after the exhibition for importation in the ►M1  European Community ◄ or Turkey shall benefit on importation from the provisions of the Decision provided it is shown to the satisfaction of the customs authorities that:

(a) an exporter has consigned these products from the ►M1  European Community ◄ or Turkey to the country in which the exhibition is held and has exhibited them there;

(b) the products have been sold or otherwise disposed of by that exporter to a person in the ►M1  European Community ◄ or Turkey;

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

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

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

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



TITLE IV

DRAWBACK OR EXEMPTION

Article 13

Prohibition of drawback of, or exemption from, customs duties

1.  Non-originating materials used in the manufacture of products originating in the ►M1  European Community ◄ or in Turkey for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in the ►M1  European Community ◄ or Turkey 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 ►M1  European Community ◄ or Turkey 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 or origin shall be prepared to submit at any time, upon request from the customs authorities, all appropriate documents proving that no drawback has been obtained in respect of the non-originating materials used in the manufacture of the products concerned and that all customs duties or charges having equivalent effect applicable to such materials have actually been paid.

4.  The provisions of paragraphs 1 to 3 shall also apply in respect of packaging within the meaning of Article 7(2) and products in a set within the meaning of Article 8 when such items are non-originating.

5.  The provisions of paragraphs 1 to 4 shall apply only in respect of materials which are of the kind to which the Decisions applies. Furthermore, they shall not preclude the application of an export refund system for agricultural products, applicable upon export in accordance with the provisions of the Decision.

6.  Notwithstanding paragraph 1, when Turkey applies a higher rate of customs duty than is in force in the ►M1  European Community ◄ , Turkey may apply arrangements for drawback of, or exemption from, customs duties or charges having an equivalent effect, applicable to materials used in the manufacture of originating products, subject to the condition that the rate of customs charge shall not be less than that applicable to the same materials imported into the ►M1  European Community ◄ .



TITLE V

PROOF OF ORIGIN

Article 14

General requirements

1.  Products originating in the ►M1  European Community ◄ shall, on importation into Turkey and products originating in Turkey shall, on importation into the ►M1  European Community ◄ , benefit from the Decision upon submission of either:

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

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

2.  Notwithstanding paragraph 1, originating products within the meaning of this Protocol shall, in the cases specified in Article 23, benefit from the Decision without it being necessary to submit any of the documents referred to above.

Article 15

Procedure for the issue of a movement certificate EUR.1

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

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

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

4.  A movement certificate EUR.1 shall be issued by the customs authorities of an EC Member State or Turkey if the products concerned can be considered as products originating in the ►M1  European Community ◄ or Turkey and fulfil the other requirements of this Protocol.

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

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

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

Article 16

Movement certificates EUR.1 issued retrospectively

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

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

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

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

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

▼M1

4.  Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases:

ES

‘EXPEDIDO A POSTERIORI’

CS

‘VYSTAVENO DODATEČNĚ’

DA

‘UDSTEDT EFTERFØLGENDE’

DE

‘NACHTRÄGLICH AUSGESTELLT’

ET

‘TAGANTJÄRELE VÄLJA ANTUD’

EL

‘ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ’

EN

‘ISSUED RETROSPECTIVELY’

FR

‘DÉLIVRÉ A POSTERIORI’

IT

‘RILASCIATO A POSTERIORI’

LV

‘IZSNIEGTS RETROSPEKTĪVI’

LT

‘RETROSPEKTYVUSIS IŠDAVIMAS’

HU

‘KIADVA VISSZAMENŐLEGES HATÁLLYAL’

MT

‘MAĦRUĠ RETROSPETTIVAMENT’

NL

‘AFGEGEVEN A POSTERIORI’

PL

‘WYSTAWIONE RETROSPEKTYWNIE’

PT

‘EMITIDO A POSTERIORI’

SL

‘IZDANO NAKNADNO’

SK

‘VYDANÉ DODATOČNE’

FI

‘ANNETTU JÄLKIKÄTEEN’

SV

‘UTFÄRDAT I EFTERHAND’

TR

‘SONRADAN VERİLMİȘTİR’.

▼B

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

Article 17

Issue of a duplicate movement certificate EUR.1

1.  In the event of 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.

▼M1

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

ES

‘DUPLICADO’

CS

‘DUPLIKÁT’

DA

‘DUPLIKAT’

DE

‘DUPLIKAT’

ET

‘DUPLIKAAT’

EL

‘ΑΝΤΙΓΡΑΦΟ’

EN

‘DUPLICATE’

FR

‘DUPLICATA’

IT

‘DUPLICATO’

LV

‘DUBLIKĀTS’

LT

‘DUBLIKATAS’

HU

‘MÁSODLAT’

MT

‘DUPLIKAT’

NL

‘DUPLICAAT’

PL

‘DUPLIKAT’

PT

‘SEGUNDA VIA’

SL

‘DVOJNIK’

SK

‘DUPLIKÁT’

FI

‘KAKSOISKAPPALE’

SV

‘DUPLIKAT’

TR

‘İKİNCİ NÜSHADIR’.

▼B

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

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

Article 18

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

When originating products are placed under the control of a customs office in the ►M1  European Community ◄ or Turkey, it shall be possible to replace the original proof of origin by one or more movement certificates EUR.1 for the purpose of sending all or some of these products elsewhere within the ►M1  European Community ◄ or Turkey. The replacement movement certificate(s) EUR.1 shall be issued by the customs office under whose control the products are placed.

Article 19

Conditions for making out an invoice declaration

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

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

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

2.  An invoice declaration may be made out if the products concerned can be considered as products originating in the ►M1  European Community ◄ or Turkey and fulfil the other requirements of this Protocol.

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

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

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

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

Article 20

Approved exporter

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

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

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

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

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

Article 21

Validity of proof of origin

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

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

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

Article 22

Submission of proof of origin

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

Article 23

Exemptions from proof of origin

1.  Products sent as small packages from private persons to private persons or forming part of travellers’ personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Protocol and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on the customs declaration C2/CP3 or on a sheet of paper annexed to that document.

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

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

Article 24

Supporting documents

The document referred to in Articles 15(3) and 19(3) used for the purpose of proving that products covered by a movement certificate EUR.1 or an invoice declaration can be considered as products originating in the ►M1  European Community ◄ or Turkey and fulfil the other requirements of this Protocol may consist inter alia of the following:

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

(b) documents proving the originating status of materials used, issued or made out in the ►M1  European Community ◄ or Turkey where these documents are used in accordance with domestic law;

(c) documents proving the working or processing of materials in the ►M1  European Community ◄ or Turkey, issued or made out in the ►M1  European Community ◄ or Turkey, where these documents are used in accordance with domestic law;

(d) movement certificates EUR.1 or invoice declarations proving the originating status of materials used, issued or made out in the ►M1  European Community ◄ or Turkey in accordance with this Protocol.

Article 25

Preservation of proof of origin and supporting documents

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

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

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

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

Article 26

Discrepancies and formal errors

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

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

Article 27

Amounts expressed in ecus

1.  Amounts in the national currency of the exporting country equivalent to the amounts expressed in ecus shall be fixed by the exporting country and communicated to the importing countries through the Commission of the European Communities.

2.  When the amounts exceed the corresponding amounts fixed by the importing country, the latter shall accept them if the products are invoiced in the currency of the exporting country. When the products are invoiced in the currency of another EC Member State or Turkey, the importing country shall recognise the amount notified by the country concerned.

3.  The amounts to be used in any given national currency shall be the equivalent in that national currency of the amounts expressed in ecus as at the first working day in October 1996.

4.  The amounts expressed in ecus and their equivalents in the national currencies of the EC Member States and Turkey shall be reviewed by the Association Committee at the request of the ►M1  European Community ◄ or Turkey. When carrying out this review, the Association Committee shall ensure that there will be no decrease in the amounts to be used in any national currency and shall furthermore consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in ecus.



TITLE VI

ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

Article 28

Mutual assistance

1.  The customs authorities of the EC Member States and of Turkey shall provide each other, through the Commission of the European Communities, with specimen impressions of stamps used in their customs offices for the issue of movement certificates EUR.1 and with the addresses of the customs authorities responsible for verifying those certificates and invoice declarations.

2.  In order to ensure the proper application of this Protocol, the ►M1  European Community ◄ and Turkey shall assist each other, through the competent customs administrations, in checking the authenticity of the movement certificates EUR.1 or the invoice declarations and the correctness of the information given in these documents.

Article 29

Verification of proofs of origin

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

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

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

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

5.  The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible. These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in the ►M1  European Community ◄ or Turkey and fulfil the other requirements of this Protocol.

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

Article 30

Dispute settlement

Where disputes arise in relation to the verification procedures of Article 29 which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out this verification or where they raise a question as to the interpretation of this Protocol, they shall be submitted to the Association Committee.

In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall be under the legislation of the said country.

Article 31

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 32

Free zones

1.  The ►M1  European Community ◄ and Turkey shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

2.  By means of an exemption to the provisions contained in paragraph 1, when products originating in the ►M1  European Community ◄ or Turkey are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new EUR.1 certificate at the exporter’s request, if the treatment or processing undergone is in conformity with the provisions of this Protocol.



TITLE VII

CEUTA AND MELILLA

Article 33

Application of the Protocol

1.  The term ‘ ►M1  European Community ◄ ’ used in Article 2 does not cover Ceuta and Melilla.

2.  Products originating in Turkey, 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 ►M1  European Community ◄ under Protocol 2 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic of the European Communities. Turkey shall grant to imports of products covered by the Decision and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the ►M1  European Community ◄ .

3.  For the purpose of the application of paragraph 2 concerning products in Ceuta and Melilla, this Protocol shall apply mutatis mutandis subject to the special conditions set out in Article 34.

Article 34

Special conditions

1.  Providing they have been transported directly in accordance with the provisions of Article 11, the following shall be considered as:

(1) products originating in Ceuta and Melilla:

(a) products wholly obtained in Ceuta and Melilla;

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

(i) the said products have undergone sufficient working or processing within the meaning of Article 5 of this Protocol; or that

(ii) those products are originating in Turkey or the ►M1  European Community ◄ within the meaning of this Protocol, provided that they have been submitted to working or processing which goes beyond the insufficient working or processing referred to in Article 6(1).

(2) products originating in Turkey:

(a) products wholly obtained in Turkey;

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

(i) the said products have undergone sufficient working or processing within the meaning of Article 5 of this Protocol; or that

(ii) those products are originating in Ceuta and Melilla or the ►M1  European Community ◄ within the meaning of this Protocol, provided that they have been submitted to working or processing which goes beyond the insufficient working or processing referred to in Article 6(1).

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

3.  The exporter or his authorised representative shall enter ‘Turkey’ and ‘Ceuta and Melilla’ in box 2 of movement certificates EUR.1 or on invoice declarations. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in box 4 of movement certificates EUR.1 or on invoice declarations.

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



TITLE VIII

FINAL PROVISIONS

Article 35

Amendments to the Protocol

The Association Council may decide to amend the provisions of this Protocol.

ANNEX I

INTRODUCTORY NOTES TO THE LIST IN ANNEX II

Note 1:

The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 5 of the Protocol.

Note 2:

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

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

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 columns 3 or 4.

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

Note 3:

3.1. The provisions of Article 5 of the Protocol concerning products having acquired originating status which are used in the manufacture of other products apply regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the ►M1  European Community ◄ or in Turkey.

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

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

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

3.5. Where a rule in the list specifies that a product must be manufactured from a particular material, the condition obviously does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule.

Example:

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

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

ANNEX II



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

HS heading No

Description of product

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

(1)

(2)

(3)

Chapter 1

Live animals

All the animals of Chapter 1 used must be wholly obtained

Chapter 2

Meat and edible meat offal

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

Chapter 3

Fish and crustaceans, molluses and other aquatic invertebrates

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

ex Chapter 4

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

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

ex  04 03

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

Manufacture in which:

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

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

0504 00 00

Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked

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

0511

Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption

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

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

ex Chapter 7

Edible vegetables and certain roots and tubers, excluding sweet corn of heading Nos 0710 40 00 and 0711 90 30

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

Chapter 8

Edible fruit and nuts; peel of citrus fruits or melons

Manufacture in which:

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

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

ex Chapter 9

Coffee, tea and spices; except for:

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

0901

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

Manufacture from materials of any heading

0902

Tea, whether or not flavoured

Manufacture from materials of any heading

ex  09 10

Mixtures of spices

Manufacture from materials of any heading

Chapter 10

Cereals

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

ex Chapter 11

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

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

ex  11 06

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

Drying and milling of leguminous vegetables of heading No 0708

Chapter 12

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

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

ex  13 02

Pectic substances, pectinates and pectates

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

1501

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

 

— Fats from bones or waste

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

— other

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

1502

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

 

— Fats from bones or waste

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

— other

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

1503

Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared

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

1504

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

 

— Solid fractions

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

— other

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

from ex  15 07 to ex  15 15

Vegetable oils and their fractions:

 

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

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

— solid fractions

Manufacture from other materials of heading Nos 1507 to 1515

— other

Manufacture in which all the vegetable materials used must be wholly obtained (1)

ex  15 16

Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared excluding the hydrogenated castor oil, so called ‘opal-wax’ of heading No 1516 20 10

Manufacture in which:

— all the materials of Chapter 2 used must be wholly obtained; all the vegetable materials used must be wholly obtained. However, materials of heading Nos 1507 , 1508 , 1511 and 1513 may be used

1517 10 90

1517 90 91

1517 90 99

Margarine; ‘simili-saindoux’ and other fats or oils or of fractions of different fats or oils

Manufacture in which:

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

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

1518 00 31

1518 00 39

Fixed vegetable oils, fluid, mixed, for technical or industrial uses other than the manufacture of foodstuffs for human consumption

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

ex 1522 00

Residues resulting from the treatment of fatty substances or animal or vegetable substances

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

Chapter 16

Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates

Manufacture from animals of Chapter 1. All the materials of Chapter 3 used must be wholly obtained

1701

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

 

— Flavoured or coloured

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

— other

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

ex  17 02

Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel, excluding heading Nos 1702 11 00 , 1702 30 51 , 1702 30 59 , 1702 50 00 and 1702 90 10 :

 

— Sugars in solid form, flavoured or coloured

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

— other

Manufacture in which all the materials used must already be originating

1703

Molasses resulting from the extraction or refining of sugar:

 

— Flavoured or coloured

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

— other

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

1801 00 00

1802 00 00

Cocoa beans, whole or broken, raw or roasted Cocoa shells, husks, skins and other cocoa waste

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

1902 20 10

1902 20 30

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared containing more than 20 % by weight of meat, meat offal, fish crustaceans or molluscs

Manufacture in which:

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

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

 

Vegetables, fruits, and other edible parts of plants, prepared or preserved by vinegar or acetic acid

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

2001 10 00

— Cucumbers and gherkins

 

2001 20 00

— onions

 

2001 90 10

— mango chutney

 

2001 90 20

— fruit of the genus Capsicum other than sweet peppers or pimentos

 

2001 90 50

— mushrooms

 

ex 2001 90 80

— olives

 

2002

Tomatoes prepared or preserved otherwise than by vinegar or acetic acid

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

2003

Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid

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

ex  20 04

ex  20 05

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, other than products of heading No 2006 , excluding heading Nos 2004 10 91 , 2004 90 10 , 2005 20 10 and 2005 80 00

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

2006

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

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

2007

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

Manufacture in which:

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

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

ex  20 08

Fruits, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding heading Nos 2008 11 10 , 2008 91 00 , 2008 99 85 , 2008 99 91 and 2008 99 99 :

 

— Nuts, not containing added sugar or spirits

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

— mixtures based on cereals

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

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

Manufacture in which:

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

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

— other

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

2009

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

Manufacture in which:

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

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

ex  21 06

Flavoured or coloured sugar syrups

Manufacture in which:

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

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

2204

Wine of fresh grapes, including fortified wines; grape must other than that of heading No 2009

Manufacture in which:

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

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

2206

Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included:

Manufacture in which:

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

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

ex  22 07

ex  22 08

Undenatured and denatured ethyl alcohol obtained from agricultural products mentioned on Annex II to the Treaty, excluding spirits, liqueurs and other spirituous beverages, alcoholic preparations (concentrated extracts) for the manufacture of beverages

Manufacture:

— from materials not classified within headings No 2207 or 2208 ,

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

2209 00

Vinegar and substitutes for vinegar obtained from acetic acid

Manufacture in which:

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

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

Chapter 23

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

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

ex  23 01

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

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

ex  23 03

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

Manufacture in which all the maize used must be wholly obtained

ex  23 06

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

Manufacture in which all the olives used must be wholly obtained

2309

Preparations of a kind used in animal feeding

Manufacture in which:

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

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

2401

Unmanufactured tobacco; tobacco refuse

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

4501

Natural cork, raw or simply prepared; waste cork; crushed, granulated or ground cork

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

5301

5302

Flax and true hemp (Cannabis sativa L.), raw or processed but not spun; flax and true hemp tow and waste (including yarn waste and garnetted stock)

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

(1)   However, the following rule of origin shall apply within the limits of a quota of 18 000 tonnes for sunflower oil (ex 1512 11 ) and 10 000 tonnes for rape, colza and mustard oils (ex 1514 10 ): ‘Manufacture in which all the materials used are classified within a heading other than that of the product’.

ANNEX III

MOVEMENT CERTIFICATE EUR. 1 AND APPLICATION FOR A MOVEMENT CERTIFICATE EUR. 1

Printing instructions

1. Each form shall measure 210 × 297 mm; a tolerance of up to minus 5 mm or plus 8 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

2. The competent authorities of the Member States of the ►M1  European Community ◄ and of Turkey 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.

▼M1

ANNEX IV

Text of the invoice declaration

The invoice declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

Spanish version

El exportador de los productos incluidos en el presente documento [autorización aduanera no … ( 3 )] declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial … ( 4 ).

Czech version

Vývozce výrobků uvedených v tomto dokumentu (číslo povolení … (3) ) prohlašuje, že kromě zřetelně označených, mají tyto výrobky preferenční původ v … (4) .

Danish version

Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. … (3) ), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i … (4) .

German version

Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. … (3) ) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte … (4)  Ursprungswaren sind.

Estonian version

Käesoleva dokumendiga hõlmatud toodete eksportija (tolliameti kinnitus nr … (3) ) deklareerib, et need tooted on … (4)  sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.

Greek version

Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο [άδεια τελωνείου υπ' αριθ. … (3) ] δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (4) .

English version

The exporter of the products covered by this document (customs authorisation No … (3) ) declares that, except where otherwise clearly indicated, these products are of … (4)  preferential origin.

French version

L’exportateur des produits couverts par le présent document [autorisation douanière no … (3) ] déclare que, sauf indication claire du contraire, ces produits ont l’origine préférentielle … (4) .

Italian version

L’esportatore delle merci contemplate nel presente documento [autorizzazione doganale n. … (3) ] dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale … (4) .

Latvian version

Eksportētājs produktiem, kuri ietverti šajā dokumentā (muitas pilnvara Nr. … (3) ), deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir priekšrocību izcelsme no … (4) .

Lithuanian version

Šiame dokumente išvardintų prekių eksportuotojas (muitinės liudijimo Nr. … (3) ) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra … (4)  preferencinės kilmės prekės.

Hungarian version

A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: … (3) ) kijelentem, hogy eltérő jelzés hiányában az áruk kedvezményes … (4)  származásúak.

Maltese version

L-esportatur tal-prodotti koperti b’dan id-dokument (awtorizzazzjoni tad-dwana nru. … (3) ) jiddikjara li, ħlief fejn indikat b’mod ċar li mhux hekk, dawn il-prodotti huma ta’ oriġini preferenzjali … (4) .

Dutch version

De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. … (3) ), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële … oorsprong zijn (4) .

Polish version

Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr … (3) ) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają … (4)  preferencyjne pochodzenie.

Portuguese version

O exportador dos produtos cobertos pelo presente documento [autorização aduaneira n.o … (3) ], declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial … (4) .

Slovenian version

Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št. … (3) ) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno … (4)  poreklo.

Slovak version

Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia … (3) ) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v … (4) .

Finnish version

Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa nro … (3) ) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja … alkuperätuotteita (4) .

Swedish version

Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr … (3) ) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande … ursprung (4) .

Turkish version

İșbu belge (gümrük onay No: … (3) ) kapsamındaki maddelerin ihracatçısı aksi açıkça belirtilmedikçe, bu maddelerin … menșeli ve tercihli (4)  maddeler olduğunu beyan eder.

... ( 5 ) (Place and date)

... ( 6 )

(signature of the exporter, in addition the name of the person signing the declaration has to be indicated in clear script)



( 1 ) OJ L 35, 13.2.1996, p. 1.

( 2 ) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 1758/2006 (OJ L 335, 1.12.2006, p. 1).

( 3 ) When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.

( 4 ) Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 34 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’.

( 5 ) These indications may be omitted if the information is contained on the document itself.

( 6 ) See Article 19(5) of the Protocol. In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory ( *1 ).

( *1 ) The protocol referred to in these footnotes refers to Protocol 3 to Decision No 1/98 of the EC-Turkey Association Council of 25 February 1998 on the trade regime for agricultural products.

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