ISSN 1725-2555

Official Journal

of the European Union

L 304

European flag  

English edition

Legislation

Volume 47
30 September 2004


Contents

 

I   Acts whose publication is obligatory

page

 

*

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

1

 

*

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

12

 

 

II   Acts whose publication is not obligatory

 

 

Council

 

*

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

24

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

25

 

*

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

32

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

34

 

*

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

38

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

39

 

*

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

209

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

210

 


 

(1)   Text with EEA relevance

EN

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

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


I Acts whose publication is obligatory

30.9.2004   

EN

Official Journal of the European Union

L 304/1


COUNCIL REGULATION (EC) No 1590/2004

of 26 April 2004

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

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

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

Whereas:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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

(14)

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

(15)

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

(16)

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

HAS ADOPTED THIS REGULATION:

Article 1

Objectives

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

Article 2

Scope

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

2.   No support may be granted under this Regulation:

(a)

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

(b)

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

Article 3

Definitions

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

(i)

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

Article 4

Eligible actions

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

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

(a)

other activities undertaken at Community level;

(b)

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

the Convention on Biological Diversity,

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

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

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

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

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

Article 5

Targeted actions

The targeted actions shall include:

(a)

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

(b)

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

(c)

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

(d)

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

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

Article 6

Concerted actions

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

Article 7

Accompanying actions

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

Article 8

Work programme

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

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

Article 9

Selection of actions

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

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

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

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

(a)

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

(b)

technical quality of the proposed work;

(c)

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

(d)

European added value and potential contribution to Community policies.

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

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

Article 10

Participation of third countries

The Community programme shall be open to the participation of:

(a)

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

(b)

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

Article 11

Grant agreement

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

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

Article 12

Technical assistance

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

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

Article 13

Community contribution

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

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

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

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

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

Article 14

Evaluation of the Community programme

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

Article 15

Committee procedure

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

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

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

3.   The Committee shall adopt its Rules of Procedure.

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

Article 16

Repeal

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

Article 17

Entry into force

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

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

Done at Luxembourg, 26 April 2004.

For the Council

The President

J. WALSH


(1)  OJ L 309, 13.12.1993, p. 1.

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

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

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

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

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

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

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

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

(10)  OJ L 11, 15.1.2000, p. 17.

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

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

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

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

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

(16)  OJ L 184, 17.7.1999, p. 23.

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

(18)  OJ L 248, 10.9.2002, p. 1.

(19)  OJ L 357, 31.12.2002, p. 1.


ANNEX I

Community programme: eligible actions and areas

1.   Eligible actions and areas

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

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

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

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

(a)

diversification of production in agriculture;

(b)

improved product quality;

(c)

sustainable management and use of natural and agricultural resources;

(d)

improved quality of the environment and the countryside;

(e)

identification of products for new uses and markets.

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

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

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

2.   Excluded actions and areas

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

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

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

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

3.   Types of actions

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

3.1.   Targeted actions

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

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

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

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

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

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

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

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

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

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

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

3.2.   Concerted actions

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

3.3.   Accompanying actions

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

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

training courses and mobility schemes for specialists,

preparation of technical reports,

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

4.   Targeted actions: more details about eligible areas

4.1.   Crop genetic resources

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

4.2.   Forest genetic resources

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

4.3.   Animal genetic resources

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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


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

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

(3)  OJ L 25, 1.2.1999, p. 1.


ANNEX II

Indicative financial breakdown for the Community programme

 

%

Actions

90

Targeted actions

73

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

(53)

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

(20)

Concerted actions

9

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

 

Accompanying actions

8

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

 

Technical assistance and consultation of experts (evaluation)

10 (8+2)

Total

100


30.9.2004   

EN

Official Journal of the European Union

L 304/12


COUNCIL DIRECTIVE 2004/83/EC

of 29 April 2004

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

THE COUNCIL OF THE EUROPEAN UNION,

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

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

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

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

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

Whereas:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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

(14)

The recognition of refugee status is a declaratory act.

(15)

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

(16)

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

(17)

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

(18)

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

(19)

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

(20)

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

(21)

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

(22)

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

(23)

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

(24)

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

(25)

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

(26)

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

(27)

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

(28)

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

(29)

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

(30)

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

(31)

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

(32)

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

(33)

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

(34)

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

(35)

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

(36)

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

(37)

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

(38)

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

(39)

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

(40)

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

HAS ADOPTED THIS DIRECTIVE,

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

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

Article 2

Definitions

For the purposes of this Directive:

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

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

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

(i)

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

(j)

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

(k)

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

Article 3

More favourable standards

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

CHAPTER II

ASSESSMENT OF APPLICATIONS FOR INTERNATIONAL PROTECTION

Article 4

Assessment of facts and circumstances

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

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

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

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

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

the general credibility of the applicant has been established.

Article 5

International protection needs arising sur place

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

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

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

Article 6

Actors of persecution or serious harm

Actors of persecution or serious harm include:

(a)

the State;

(b)

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

(c)

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

Article 7

Actors of protection

1.   Protection can be provided by:

(a)

the State; or

(b)

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

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

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

Article 8

Internal protection

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

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

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

CHAPTER III

QUALIFICATION FOR BEING A REFUGEE

Article 9

Acts of persecution

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

(a)

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

(b)

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

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

(a)

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

(b)

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

(c)

prosecution or punishment, which is disproportionate or discriminatory;

(d)

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

(e)

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

(f)

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

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

Article 10

Reasons for persecution

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

(a)

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

(b)

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

(c)

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

(d)

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

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

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

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

(e)

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

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

Article 11

Cessation

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

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

Article 12

Exclusion

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

(a)

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

(b)

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

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

(a)

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

(b)

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

(c)

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

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

CHAPTER IV

REFUGEE STATUS

Article 13

Granting of refugee status

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

Article 14

Revocation of, ending of or refusal to renew refugee status

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

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

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

(a)

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

(b)

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

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

(a)

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

(b)

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

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

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

CHAPTER V

QUALIFICATION FOR SUBSIDIARY PROTECTION

Article 15

Serious harm

Serious harm consists of:

(a)

death penalty or execution; or

(b)

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

(c)

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

Article 16

Cessation

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

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

Article 17

Exclusion

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

(a)

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

(b)

he or she has committed a serious crime;

(c)

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

(d)

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

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

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

CHAPTER VI

SUBSIDIARY PROTECTION STATUS

Article 18

Granting of subsidiary protection status

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

Article 19

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

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

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

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

(a)

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

(b)

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

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

CHAPTER VII

CONTENT OF INTERNATIONAL PROTECTION

Article 20

General rules

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

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

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

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

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

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

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

Article 21

Protection from refoulement

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

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

(a)

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

(b)

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

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

Article 22

Information

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

Article 23

Maintaining family unity

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

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

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

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

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

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

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

Article 24

Residence permits

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

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

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

Article 25

Travel document

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

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

Article 26

Access to employment

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

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

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

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

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

Article 27

Access to education

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

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

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

Article 28

Social welfare

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

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

Article 29

Health care

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

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

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

Article 30

Unaccompanied minors

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

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

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

(a)

with adult relatives; or

(b)

with a foster family; or

(c)

in centres specialised in accommodation for minors; or

(d)

in other accommodation suitable for minors.

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

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

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

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

Article 31

Access to accommodation

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

Article 32

Freedom of movement within the Member State

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

Article 33

Access to integration facilities

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

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

Article 34

Repatriation

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

CHAPTER VIII

ADMINISTRATIVE COOPERATION

Article 35

Cooperation

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

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

Article 36

Staff

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

CHAPTER IX

FINAL PROVISIONS

Article 37

Reports

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

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

Article 38

Transposition

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

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

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

Article 39

Entry into force

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

Article 40

Addressees

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

Done at Luxembourg, 29 April 2004.

For the Council

The President

M. McDOWELL


(1)  OJ C 51 E, 26.2.2002, p. 325.

(2)  OJ C 300 E, 11.12.2003, p. 25.

(3)  OJ C 221, 17.9.2002, p. 43.

(4)  OJ C 278, 14.11.2002, p. 44.


II Acts whose publication is not obligatory

Council

30.9.2004   

EN

Official Journal of the European Union

L 304/24


COUNCIL DECISION

of 30 March 2004

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

(2004/633/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Whereas:

(1)

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

(2)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

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

The text of the Agreement is attached to this Decision.

Article 2

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

Article 3

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

Article 4

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

Done at Brussels, 30 March 2004

For the Council

The President

M. McDOWELL


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


AGREEMENT

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

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

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

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

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

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

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

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

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

HAVE AGREED AS FOLLOWS:

TITLE I

GENERAL PROVISIONS

Article 1

Definitions

For the purpose of this Agreement:

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

‘person’ shall mean any natural or legal person;

(h)

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

Article 2

Territorial application

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

Article 3

Future developments

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

Article 4

Scope of the cooperation

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

(a)

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

(b)

facilitating effective coordination between their customs authorities;

(c)

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

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

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

Article 5

Scope of assistance

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

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

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

Article 6

Obligations imposed under other agreements

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

(a)

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

(b)

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

(c)

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

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

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

TITLE II

CUSTOMS COOPERATION

Article 7

Cooperation in customs procedures

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

Article 8

Technical assistance

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

Article 9

Discussions in international organisations

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

TITLE III

MUTUAL ADMINISTRATIVE ASSISTANCE

Article 10

Assistance on request

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

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

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

(a)

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

(b)

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

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

(a)

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

(b)

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

(c)

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

(d)

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

Article 11

Spontaneous assistance

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

Article 12

Delivery, notification

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

(a)

to deliver any documents of an administrative nature;

(b)

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

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

Article 13

Form and substance of requests for assistance

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

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

(a)

the applicant authority;

(b)

the action requested;

(c)

the object of and the reason for the request;

(d)

the laws, regulations or other legally binding instruments involved;

(e)

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

(f)

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

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

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

Article 14

Execution of requests

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

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

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

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

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

Article 15

Form in which information is to be communicated

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

2.   This information may be in computerised form.

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

Article 16

Exceptions to the obligation to provide assistance

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

(a)

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

(b)

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

(c)

violate an industrial, commercial or professional secret.

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

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

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

Article 17

Information exchange and confidentiality

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

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

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

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

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

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

Article 18

Experts and witnesses

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

Article 19

Assistance expenses

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

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

TITLE IV

FINAL PROVISIONS

Article 20

Implementation

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

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

Article 21

Joint Customs Cooperation Committee

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

2.   The Joint Customs Cooperation Committee shall inter alia:

(a)

see to the proper functioning of the Agreement;

(b)

examine all issues arising from its application;

(c)

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

(d)

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

(e)

recommend solutions aimed at attaining the objectives of this Agreement.

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

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

Article 22

Entry into force and duration

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

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

Article 23

Authentic texts

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

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

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

Udfærdiget i Bruxelles den otteogtyvende april to tusind og fire.

Geschehen zu Brüssel am achtundzwanzigsten April zweitausendundvier.

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

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

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

Fatto a Bruxelles, addì ventotto aprile duemilaquattro.

Gedaan te Brussel, de achtentwintigste april tweeduizendvier.

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

Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä huhtikuuta vuonna kaksituhattaneljä.

Som skedde i Bryssel den tjugoåttonde april tjugohundrafyra.

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαïκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

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Image

Por la República de la India

For Republikken Indien

Für die Republik Indien

Για τη Δημοκρατία της Ινδίας

For the Republic of India

Pour la République de l'Inde

Per la Repubblica d'India

Voor de Republiek India

Pela República da Índia

Intian tasavallan puolesta

För Republiken Indien

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Image


30.9.2004   

EN

Official Journal of the European Union

L 304/32


COUNCIL DECISION

of 30 March 2004

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

(2004/634/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Whereas:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

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

The text of the Agreement is attached to this Decision.

Article 2

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

Article 3

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

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

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

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

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

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

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

Done at Brussels, 30 March 2004.

For the Council

The President

M. McDOWELL


(1)  OJ L 222, 12.8.1997, p. 17.

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


AGREEMENT

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

THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA,

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

Whereas:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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

(14)

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

(15)

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

(16)

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

HAVE AGREED ON THE FOLLOWING:

Article 1

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

Article 2

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

Article 3

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

1.

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

2.

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

3.

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

4.

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

Article 4

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

Article 5

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

Article 6

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

Article 7

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

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

Udfærdiget i Bruxelles den otteogtyvende april to tusind og fire.

Geschehen zu Brüssel am achtundzwanzigsten April zweitausendundvier.

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

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

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

Fatto a Bruxelles, addì ventotto aprile duemilaquattro.

Gedaan te Brussel, de achtentwintigste april tweeduizendvier.

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

Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä huhtikuuta vuonna kaksituhattaneljä.

Som skedde i Bryssel den tjugoåttonde april tjugohundrafyra.

FOR THE EUROPEAN COMMUNITY

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FOR THE UNITED STATES OF AMERICA

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ANNEX

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

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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


30.9.2004   

EN

Official Journal of the European Union

L 304/38


COUNCIL DECISION

of 21 April 2004

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

(2004/635/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

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

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

Whereas:

(1)

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

(2)

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

HAS DECIDED AS FOLLOWS:

Article 1

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

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

Article 2

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

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

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

Article 3

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

Done at Luxembourg, 21 April 2004.

For the Council

The President

J. WALSH


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

(2)  OJ C 304 E, 30.10.2001, p. 2.

(3)  OJ C 153 E, 27.6.2002, p. 264.


EURO-MEDITERRANEAN AGREEMENT

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

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE AUSTRIAN REPUBLIC,

THE PORTUGUESE REPUBLIC,

THE FINNISH REPUBLIC,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

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

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

of the one part, and

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

of the other part,

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

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

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

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

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

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

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

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

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

HAVE AGREED AS FOLLOWS:

Article 1

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

2.   The aims of this Agreement are:

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

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

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

to contribute to the economic and social development of Egypt,

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

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

Article 2

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

TITLE I

POLITICAL DIALOGUE

Article 3

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

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

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

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

enhance regional security and stability,

promote common initiatives.

Article 4

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

Article 5

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

(a)

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

(b)

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

(c)

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

(d)

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

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

TITLE II

FREE MOVEMENT OF GOODS

BASIC PRINCIPLES

Article 6

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

CHAPTER 1

Industrial products

Article 7

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

Article 8

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

Article 9

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 10

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

Article 11

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

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

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

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

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

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

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

CHAPTER 2

Agricultural, fisheries and processed agricultural products

Article 12

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

Article 13

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

Article 14

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

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

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

Article 15

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

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

Article 16

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

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

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

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

CHAPTER 3

Common provisions

Article 17

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

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

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

Article 18

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

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

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

Article 19

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

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

Article 20

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

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

Article 21

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

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

Article 22

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

Article 23

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

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

Article 24

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

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

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

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

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

Article 25

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

(i)

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

(ii)

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

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

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

Article 26

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

Article 27

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

Article 28

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

TITLE III

RIGHT OF ESTABLISHMENT AND SUPPLY OF SERVICES

Article 29

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

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

(a)

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

(b)

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

Article 30

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

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

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

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

TITLE IV

CAPITAL MOVEMENTS AND OTHER ECONOMIC MATTERS

CHAPTER 1

Payments and capital movements

Article 31

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

Article 32

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

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

Article 33

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

CHAPTER 2

Competition and other economic matters

Article 34

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

(i)

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

(ii)

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

(iii)

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

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

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

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

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

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

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

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

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

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

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

Article 35

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

Article 36

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

Article 37

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

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

Article 38

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

TITLE V

ECONOMIC COOPERATION

Article 39

Objectives

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

2.   The aim of economic cooperation shall be to:

encourage the implementation of the overall objectives of this Agreement,

promote balanced economic relations between the Parties,

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

Article 40

Scope

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

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

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

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

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

Article 41

Methods and modalities

Economic cooperation shall be implemented in particular by:

(a)

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

(b)

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

(c)

transfer of advice, expertise and training;

(d)

implementation of joint actions such as seminars and workshops;

(e)

technical, administrative and regulatory assistance.

Article 42

Education and training

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

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

Article 43

Scientific and technological cooperation

Cooperation shall have the objective of:

(a)

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

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

the participation of Egypt in networks of decentralised cooperation,

the promotion of synergy between training and research;

(b)

strengthening research capacity in Egypt;

(c)

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

Article 44

Environment

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

2.   Cooperation shall focus, in particular, on:

desertification,

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

water resource management,

energy management,

waste management,

salinisation,

environmental management of sensitive coastal areas,

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

the impact of agriculture on soil and water quality,

environmental education and awareness.

Article 45

Industrial cooperation

Cooperation shall promote and encourage in particular:

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

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

modernisation and restructuring of Egyptian industry,

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

technology transfer, innovation and R & D,

the enhancement of human resources,

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

Article 46

Investments and promotion of investments

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

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

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

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

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

establishing mechanisms for encouraging and promoting investments.

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

Article 47

Standardisation and conformity assessment

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

(a)

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

(b)

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

(c)

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

Article 48

Approximation of laws

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

Article 49

Financial services

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

(a)

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

(b)

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

Article 50

Agriculture and fisheries

Cooperation shall be aimed at:

(a)

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

(b)

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

(c)

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

Article 51

Transport

Cooperation shall be aimed at:

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

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

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

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

the improvement of navigation aids.

Article 52

Information society and telecommunications

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

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

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

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

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

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

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

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

Article 53

Energy

The priority areas of cooperation shall be:

the promotion of renewable energies,

the promotion of energy-saving and energy efficiency,

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

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

Article 54

Tourism

Priorities for cooperation shall be:

promoting investments in tourism,

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

promoting a good seasonal spread of tourism,

promoting cooperation between regions and cities of neighbouring countries,

highlighting the importance of the cultural heritage for tourism,

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

making tourism more competitive through support for increased professionalism.

Article 55

Customs

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

(a)

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

(b)

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

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

Article 56

Cooperation on statistics

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

Article 57

Money laundering

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

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

Article 58

Fight against drugs

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

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

encouraging a joint approach to reducing demand.

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

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

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

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

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

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

Article 59

Fight against terrorism

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

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

exchange of experiences in respect of terrorism prevention,

joint research and studies in the area of terrorism prevention.

Article 60

Regional cooperation

Regional cooperation shall focus on:

development of economic infrastructures,

scientific and technological research,

intra-regional trade,

customs matters,

cultural matters,

environmental issues.

Article 61

Consumer protection

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

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

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

exchanges of information and experts,

organising training schemes and supplying technical assistance.

TITLE VI

CHAPTER 1

Dialogue and cooperation on social matters

Article 62

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

Article 63

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

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

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

(a)

migrant communities' living and working conditions;

(b)

migration;

(c)

illegal migration;

(d)

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

Article 64

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

Article 65

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

Priority will be given to:

(a)

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

(b)

promoting the role of women in economic and social development;

(c)

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

(d)

improving the social protection system;

(e)

improving the health care system;

(f)

improving living conditions in poor areas;

(g)

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

Article 66

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

Article 67

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

CHAPTER 2

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

Article 68

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

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

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

The Member States and Egypt will also provide their nationals with appropriate identity documents for such purposes.

In respect of the Member States of the European Union, the obligations in this Article shall apply only in respect of those persons who are to be considered their nationals for Community purposes.

In respect of Egypt, the obligation in this Article shall apply only in respect of those persons who are considered nationals of Egypt in accordance to the Egyptian legal system and all the relevant laws concerning citizenship.

Article 69

After the entry into force of the Agreement, the Parties, at the request of any of them, shall negotiate and conclude bilateral agreements with each other, regulating specific obligations for the readmission of their nationals. These agreements shall also cover, if deemed necessary by any of the Parties, arrangements for the readmission of third country nationals. Such agreements will lay down the details about the categories of persons covered by these arrangements as well as the modalities of their readmission.

Adequate financial and technical assistance to implement these agreements will be provided to Egypt.

Article 70

The Association Council shall examine what other joint efforts can be made to prevent and control illegal immigration as well as deal with other consular issues.

CHAPTER 3

Cooperation in cultural matters, audiovisual media and information

Article 71

1.   The Parties agree to promote cultural cooperation in fields of mutual interest and in a spirit of respect for each other's cultures. They shall establish a sustainable cultural dialogue. This cooperation shall promote in particular:

conservation and restoration of historic and cultural heritage (such as monuments, sites, artefacts, rare books and manuscripts),

exchange of art exhibitions, troupes of performing arts, artists, men of letters, intellectuals and cultural events,

translations,

training of persons working in the cultural field.

2.   Cooperation in the field of audiovisual media shall seek to encourage cooperation in such areas as co-production and training. The Parties shall seek ways to encourage Egyptian participation in Community initiatives in this sector.

3.   The Parties agree that existing cultural programmes of the Community and of one or more of the Member States and further activities of interest to both sides can be extended to Egypt.

4.   The Parties shall, in addition, work to promote cultural cooperation of a commercial nature, particularly through joint projects (production, investment and marketing), training and exchange of information.

5.   The Parties shall, in identifying cooperation projects, programmes and joint activities, give special attention to young people, self-expression, heritage conservation issues, the dissemination of culture, and communication skills using written and audiovisual media.

6.   Cooperation shall be implemented in particular through:

a regular dialogue between the Parties,

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

transfer of advice, expertise and training,

implementation of joint actions such as seminars and workshops,

technical, administrative and regulatory assistance,

dissemination of information on cooperation initiatives.

TITLE VII

FINANCIAL COOPERATION

Article 72

In order to achieve the objectives of this Agreement, a financial cooperation package shall be made available to Egypt in accordance with the appropriate procedures and the financial resources required.

Financial cooperation shall focus on:

promoting reforms designed to modernise the economy,

upgrading economic infrastructure,

promoting private investment and job-creating activities,

responding to the economic repercussions for Egypt of the gradual introduction of a free trade area, notably by upgrading and restructuring industry and enhancing Egypt's export capacity,

accompanying measures for policies implemented in the social sector,

promoting Egypt's capacity and capabilities in the field of the protection of intellectual property rights,

where appropriate, supplementary measures for the implementation of bilateral agreements to prevent and control illegal immigration,

accompanying measures for the establishment and implementation of competition legislation.

Article 73

In order to ensure that a coordinated approach is adopted to any exceptional macro-economic and financial problems that might arise as a result of the implementation of this Agreement, the Parties shall use the regular economic dialogue provided for in Title V to give particular attention to monitoring trade and financial trends in relations between the Community and Egypt.

TITLE VIII

INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Article 74

An Association Council is hereby established which shall meet at ministerial level once a year and when circumstances require, at the initiative of its President and in accordance with the conditions laid down in its rules of procedure.

It shall examine any major issues arising within the framework of this Agreement and any other bilateral or international issues of mutual interest.

Article 75

1.   The Association Council shall consist of the members of the Council of the European Union and of the Commission of the European Communities, on the one hand, and members of the Government of Egypt, on the other.

2.   Members of the Association Council may arrange to be represented in accordance with the provisions laid down in its rules of procedure.

3.   The Association Council shall establish its rules of procedure.

4.   The Association Council shall be presided in turn by a member of the Council of the European Union and a member of the Government of Egypt, in accordance with the provisions laid down in its rules of procedure.

Article 76

The Association Council shall, for the purpose of attaining the objectives of the Agreement, have the power to take decisions in the cases provided for therein.

The decisions taken shall be binding on the Parties, which shall take the measures necessary to implement them. The Association Council may also make appropriate recommendations.

The Association Council shall draw up its decisions and recommendations by agreement between the two Parties.

Article 77

1.   Subject to the powers of the Association Council, an Association Committee is hereby established which shall be responsible for the implementation of the Agreement.

2.   The Association Council may delegate to the Association Committee, in full or in part, any of its powers.

Article 78

1.   The Association Committee, which shall meet at official level, shall consist of representatives of members of the Council of the European Union and of the Commission of the European Communities, on the one hand, and of representatives of the Government of Egypt, on the other.

2.   The Association Committee shall establish its rules of procedure.

3.   The Association Committee shall be presided in turn by a representative of the Presidency of the Council of the European Union and by a representative of the Government of Egypt.

Article 79

1.   The Association Committee shall have the power to take decisions for the management of the Agreement as well as in the areas in which the Association Council has delegated its powers to it.

2.   The Association Committee shall draw up its decisions by agreement between the two Parties. These decisions shall be binding on the Parties which shall take the measures necessary to implement the decisions taken.

Article 80

The Association Council may decide to set up any working group or body necessary for the implementation of the Agreement. It shall define the terms of reference of any such working group or body that shall be subordinate to it.

Article 81

The Association Council shall take all appropriate measures to facilitate cooperation and contacts between the European Parliament and the Egyptian People's Assembly.

Article 82

1.   Each of the Parties may refer to the Association Council any dispute relating to the application or interpretation of this Agreement.

2.   The Association Council may settle the dispute by means of a decision.

3.   Each Party shall be bound to take the measures involved in carrying out the decision referred to in paragraph 2.

4.   In the event of it not being possible to settle the dispute in accordance with paragraph 2, either Party may notify the other of the appointment of an arbitrator; the other Party must then appoint a second arbitrator within two months. For the application of this procedure, the Community and the Member States shall be deemed to be one party to the dispute.

The Association Council shall appoint a third arbitrator.

The arbitrators' decisions shall be taken by majority vote.

Each party to the dispute must take the steps required to implement the decision of the arbitrators.

Article 83

Nothing in this Agreement shall prevent a Party from taking any measures:

(a)

which it considers necessary to prevent the disclosure of information contrary to its essential security interests;

(b)

which relate to the production of, or trade in, arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;

(c)

which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.

Article 84

In the fields covered by this Agreement and without prejudice to any special provisions contained therein:

the arrangements applied by Egypt in respect of the Community shall not give rise to any discrimination between the Member States, their nationals or their companies or firms,

the arrangements applied by the Community in respect of Egypt shall not give rise to discrimination between Egyptian nationals or its companies or firms.

Article 85

As regards direct taxation, nothing in this Agreement shall have the effect of:

extending the fiscal advantages granted by either Party in any international agreement or arrangement by which it is bound,

preventing the adoption or application by either Party of any measure aimed at preventing the avoidance or evasion of taxes,

opposing the right of either Party to apply the relevant provisions of its tax legislation to taxpayers who are not in identical situation, in particular as regards their place of residence.

Article 86

1.   The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.

2.   If either Party considers that the other Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures. Before so doing, except in cases of a material breach of this Agreement by the other Party, it shall supply the Association Council with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.

A material breach of this Agreement shall consist of the repudiation of this Agreement not sanctioned by the general rules of international law or a grave violation of an essential element of this Agreement, creating an environment not conducive for consultations or where a delay would be detrimental to the objectives of this Agreement.

3.   In the selection of the appropriate measures referred to in paragraph 2, priority must be given to those which least disturb the functioning of this Agreement. The Parties also agree that these measures shall be taken in accordance with international law and shall be proportional to the violation.

The measures shall be notified immediately to the Association Council and shall be the subject of consultations within the Association Council if the other Party so requests. If one Party takes a measure as a result of a material breach of this Agreement referred to in paragraph 2, the other Party may invoke the dispute settlement procedure.

Article 87

Protocols 1 to 5 and Annexes I to VI shall form an integral part of this Agreement.

Article 88

For the purpose of this Agreement the term ‘Parties’ shall mean Egypt on the one hand and the Community, or the Member States, or the Community and the Member States, in accordance with their respective powers, on the other hand.

Article 89

This Agreement is concluded for an unlimited period.

Each of the Parties may denounce this Agreement by notifying the other Party. This Agreement shall cease to apply six months after the date of such notification.

Article 90

This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing the European Community, and the European Coal and Steel Community are applied and under the conditions laid down in those Treaties and, on the other hand, to the territory of Egypt.

Article 91

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

Article 92

1.   This Agreement will be approved by the Parties in accordance with their own procedures.

This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to in the first subparagraph have been completed.

2.   Upon its entry into force, this Agreement shall replace the Agreement between the European Economic Community and Egypt, and the Agreement between the European Coal and Steel Community and Egypt, signed in Brussels on 18 January 1977.

Hecho en Luxemburgo, el veinticinco de junio de dos mil uno.

Udfærdiget i Luxembourg den femogtyvende juni to tusind og et.

Geschehen zu Luxemburg am fünfundzwanzigsten Juni zweitausendundeins.

Έγινε στο Λουξεμβούργο, στις είκοσι πέντε Ιουνίου δύο χιλιάδες ένα.

Done at Luxembourg on the twenty-fifth day of June in the year two thousand and one.

Fait à Luxembourg, le vingt-cinq juin deux mille un.

Fatto a Lussemburgo, addì venticinque giugno duemilauno.

Gedaan te Luxemburg, de vijfentwintigste juni tweeduizendeneen.

Feito no Luxemburgo, em vinte e cinco de Junho de dois mil e um.

Tehty Luxemburgissa kahdentenakymmenentenäviidentenä päivänä kesäkuuta vuonna kaksituhattayksi.

Som skedde i Luxemburg den tjugofemte juni tjugohundraett.

Image

Pour le Royaume de Belgique

Voor het Koninkrijk België

Für das Königreich Belgien

Image

Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.

Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaams Gewest, het Waals Gewest en het Brussels Hoofdstedelijk Gewest.

Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

På Kongeriget Danmarks vegne

Image

Für die Bundesrepublik Deutschland

Image

Για την Ελληνική Δημοκρατία

Image

Por el Reino de España

Image

Pour la République française

Image

Thar cheann Na hÉireann

For Ireland

Image

Per la Repubblica italiana

Image

Pour le Grand-Duché de Luxembourg

Image

Voor het Koninkrijk der Nederlanden

Image

Für die Republik Österreich

Image

Pela República Portuguesa

Image

Suomen tasavallan puolesta

Image

För Konungariket Sverige

Image

For the United Kingdom of Great Britain and Northern Ireland

Image

Por las Comunidades Europeas

For De Europæiske Fællesskaber

Für die Europäischen Gemeinschaften

Για τις Ευρωπαïκές Κοινότητες

For the European Communities

Pour les Communautés européennes

Per le Comunità europee

Voor de Europese Gemeenschappen

Pelas Comunidades Europeias

Euroopan yhteisöjen puolesta

På Europeiska gemenskapernas vägnar

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LIST OF ANNEXES AND PROTOCOLS

Annex I:

List of agricultural and processed agricultural products falling within Chapters 25 to 97 of the harmonised system referred to in Articles 7 and 12.

Annex II:

Lists of industrial products originating in the Community to which are applicable, on importation into Egypt, the schedules for tariff dismantling referred to in Article 9(1).

Annex III:

Lists of industrial products originating in the Community to which are applicable, on importation into Egypt, the schedules for tariff dismantling referred to in Article 9(2).

Annex IV:

Lists of industrial products originating in the Community to which are applicable, on importation into Egypt, the schedules for tariff dismantling referred to in Article 9(3).

Annex V:

List of industrial products originating in the Community referred to in Article 9(4).

Annex VI:

Intellectual property rights referred to in Article 37.

Protocol 1:

Arrangements applicable to imports into the Community of agricultural products originating in Egypt.

Protocol 2:

Arrangements applicable to imports into Egypt of agricultural products originating in the Community.

Protocol 3:

Arrangements applicable to processed agricultural products.

Protocol 4:

Definition of the concept of ‘originating products’ and methods of administrative cooperation.

Protocol 5:

Mutual assistance between administrative authorities in customs matters.

ANNEX I

List of agricultural and processed agricultural products falling within chapters 25 to 97 of the Harmonised System referred to in Articles 7 and 12

HS code

2905 43

(mannitol)

HS code

2905 44

(sorbitol)

HS code

2905 45

(glycerol)

HS heading

3301

(essential oils)

HS code

3302 10

(odoriferous substances)

HS headings

3501 to 3505

(albuminoidal substances, modifies starches, glues)

HS code

3809 10

(finishing agents)

HS heading

3823

(industrial fatty acids, acid from oil refining, industrial fatty alcohols).

HS code

3824 60

(sorbitol n.e.p.)

HS headings

4101 to 4103

(hides and skins)

HS heading

4301

(raw fur skins)

HS headings

5001 to 5003

(raw silk and silk waste)

HS headings

5101 to 5103

(wool and animal hair)

HS headings

5201 to 5203

(raw cotton, waste and cotton carded or combed)

HS heading

5301

(raw flax)

HS heading

5302

(raw hemp)

ANNEX II

Lists of industrial products originating in the Community to which are applicable, on importation into Egypt, the schedules for tariff dismantling referred to in Article 9(1)

 

2501001

 

2502000

 

2503100

 

2503900

 

2504100

 

2504900

 

2505109

 

2505909

 

2506100

 

2506210

 

2506290

 

2507000

 

2508100

 

2508200

 

2508300

 

2508400

 

2508500

 

2508600

 

2508700

 

2509000

 

2511100

 

2511200

 

2512000

 

2513110

 

2513190

 

2513210

 

2513290

 

2514000

 

2517100

 

2517200

 

2517300

 

2517411

 

2517491

 

2518100

 

2518200

 

2518300

 

2519100

 

2519900

 

2520201

 

2521000

 

2522100

 

2522200

 

2522300

 

2524000

 

2525100

 

2525200

 

2525300

 

2526201

 

2527000

 

2528100

 

2528900

 

2529100

 

2529210

 

2529220

 

2529300

 

2530100

 

2530200

 

2530400

 

2530909

 

2601110

 

2601120

 

2601200

 

2602000

 

2603000

 

2604000

 

2605000

 

2606000

 

2607000

 

2608000

 

2609000

 

2610000

 

2611000

 

2612100

 

2612200

 

2613100

 

2613900

 

2614000

 

2615100

 

2615900

 

2616100

 

2616900

 

2617100

 

2617900

 

2618000

 

2619000

 

2620110

 

2620190

 

2620200

 

2620300

 

2620400

 

2620500

 

2620900

 

2621000

 

2701110

 

2701120

 

2701190

 

2701200

 

2702100

 

2702200

 

2703000

 

2709000

 

2710001

 

2710002

 

2711110

 

2711120

 

2711139

 

2711140

 

2711190

 

2711210

 

2711290

 

2712100

 

2712200

 

2712900

 

2713110

 

2713120

 

2713200

 

2713900

 

2714100

 

2714900

 

2715000

 

2716000

 

2801200

 

2801300

 

2802000

 

2804210

 

2804290

 

2804500

 

2804610

 

2804690

 

2804700

 

2804800

 

2804900

 

2805110

 

2805190

 

2805210

 

2805220

 

2805300

 

2805400

 

2809100

 

2809201

 

2810001

 

2812100

 

2812900

 

2813100

 

2813900

 

2814100

 

2814200

 

2815200

 

2815300

 

2816100

 

2816200

 

2816300

 

2817000

 

2818100

 

2818200

 

2818300

 

2819100

 

2819900

 

2820100

 

2820900

 

2821100

 

2821200

 

2822000

 

2823000

 

2825101

 

2825109

 

2825200

 

2825300

 

2825400

 

2825500

 

2825600

 

2825700

 

2825800

 

2825900

 

2826110

 

2826120

 

2826190

 

2826200

 

2826300

 

2826900

 

2827100

 

2827200

 

2827310

 

2827320

 

2827330

 

2827340

 

2827350

 

2827360

 

2827370

 

2827380

 

2827390

 

2827410

 

2827490

 

2827510

 

2827590

 

2827600

 

2828909

 

2829110

 

2829199

 

2829900

 

2830100

 

2830200

 

2830300

 

2830900

 

2831100

 

2831900

 

2832100

 

2832200

 

2832300

 

2833210

 

2833220

 

2833230

 

2833240

 

2833250

 

2833260

 

2833270

 

2833290

 

2833300

 

2833400

 

2834100

 

2834210

 

2834220

 

2834290

 

2835000

 

2835210

 

2835220

 

2835230

 

2835240

 

2835250

 

2835260

 

2835290

 

2835310

 

2835390

 

2836100

 

2836201

 

2836301

 

2836401

 

2836409

 

2836500

 

2836600

 

2836700

 

2836910

 

2836920

 

2836930

 

2836990

 

2837110

 

2837190

 

2837200

 

2838000

 

2839000

 

2839190

 

2839200

 

2839900

 

2840110

 

2840190

 

2840200

 

2840300

 

2841100

 

2841200

 

2841300

 

2841400

 

2841500

 

2841600

 

2841700

 

2841800

 

2841900

 

2842100

 

2842900

 

2843100

 

2843210

 

2843290

 

2843300

 

2843900

 

2844101

 

2844109

 

2844200

 

2844300

 

2844400

 

2844500

 

2845100

 

2845900

 

2846100

 

2846900

 

2847000

 

2848100

 

2848900

 

2849100

 

2849200

 

2849900

 

2850000

 

2851000

 

2901109

 

2901210

 

2901220

 

2901230

 

2901240

 

2901290

 

2901299

 

2902110

 

2902190

 

2902300

 

2902410

 

2902420

 

2902430

 

2902440

 

2902500

 

2902600

 

2902700

 

2902900

 

2902909

 

2903110

 

2903120

 

2903130

 

2903140

 

2903150

 

2903160

 

2903190

 

2903210

 

2903220

 

2903230

 

2903290

 

2903300

 

2903400

 

2903510

 

2903590

 

2903610

 

2903620

 

2903690

 

2904100

 

2904200

 

2904201

 

2904209

 

2904900

 

2905110

 

2905120

 

2905130

 

2905140

 

2905150

 

2905160

 

2905170

 

2905190

 

2905210

 

2905220

 

2905290

 

2905310

 

2905320

 

2905390

 

2905410

 

2905420

 

2905490

 

2905500

 

2906110

 

2906120

 

2906130

 

2906140

 

2906190

 

2906210

 

2906290

 

2907110

 

2907120

 

2907130

 

2907140

 

2907150

 

2907190

 

2907210

 

2907220

 

2907230

 

2907290

 

2907300

 

2908100

 

2908200

 

2908900

 

2909110

 

2909190

 

2909200

 

2909300

 

2909410

 

2909420

 

2909430

 

2909440

 

2909490

 

2909500

 

2909600

 

2910100

 

2910200

 

2910300

 

2910900

 

2911000

 

2912110

 

2912120

 

2912130

 

2912190

 

2912210

 

2912290

 

2912300

 

2912410

 

2912420

 

2912490

 

2912500

 

2913000

 

2914110

 

2914120

 

2914130

 

2914190

 

2914210

 

2914220

 

2914230

 

2914290

 

2914300

 

2914410

 

2914490

 

2914500

 

2914600

 

2914690

 

2914700

 

2915110

 

2915120

 

2915130

 

2915211

 

2915220

 

2915230

 

2915240

 

2915290

 

2915310

 

2915320

 

2915330

 

2915340

 

2915350

 

2915390

 

2915400

 

2915500

 

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2915901

 

2915909

 

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2916130

 

2916140

 

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2916190

 

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2916310

 

2916320

 

2916330

 

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2917190

 

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2917310

 

2917320

 

2917330

 

2917340

 

2917350

 

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2918210

 

2918220

 

2918230

 

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2921220

 

2921290

 

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2921410

 

2921420

 

2921430

 

2921440

 

2921450

 

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2921590

 

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2922190

 

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2922410

 

2922420

 

2922490

 

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2924291

 

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2933210

 

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2937210

 

2937220

 

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2937910

 

2937920

 

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2939909

 

2940000

 

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3002310

 

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3002909

 

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3003901

 

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3004901

 

3006109

 

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3101000

 

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3104900

 

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3105510

 

3105590

 

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3105900

 

3201100

 

3201200

 

3201300

 

3201900

 

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3202900

 

3203000

 

3205000

 

3211001

 

3212100

 

3214101

 

3401202

 

3402119

 

3402129

 

3402139

 

3402199

 

3403119

 

3403199

 

3403919

 

3403999

 

3404100

 

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3507900

 

3701100

 

3701302

 

3701992

 

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3702511

 

3702521

 

3702522

 

3702551

 

3702559

 

3702561

 

3702911

 

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3702922

 

3702941

 

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3703101

 

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3801100

 

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3801300

 

3801900

 

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3806900

 

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3809920

 

3809930

 

3809990

 

3810100

 

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3811119

 

3811199

 

3811219

 

3811299

 

3811909

 

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3817200

 

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3819000

 

3820000

 

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3901300

 

3901901

 

3901909

 

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3902300

 

3902900

 

3903110

 

3903190

 

3903200

 

3903300

 

3903900

 

3904101

 

3904300

 

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3907200

 

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3907400

 

3907501

 

3907509

 

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3907910

 

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3909200

 

3909300

 

3909409

 

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3912110

 

3912120

 

3912209

 

3912310

 

3912390

 

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3914000

 

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3915200

 

3915300

 

3915900

 

3917101

 

3920101

 

3921901

 

3923301

 

3923501

 

3926903

 

3926907

 

4001100

 

4001210

 

4001220

 

4001291

 

4001301

 

4002110

 

4002191

 

4002201

 

4002311

 

4002391

 

4002410

 

4002491

 

4002510

 

4002591

 

4002601

 

4002701

 

4002801

 

4002910

 

4002991

 

4003000

 

4004000

 

4014100

 

4016101

 

4016921

 

4016992

 

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4017001

 

4104101

 

4104102

 

4104291

 

4105191

 

4106191

 

4110000

 

4205001

 

4206101

 

4401100

 

4401210

 

4401220

 

4401300

 

4402000

 

4403100

 

4403200

 

4403201

 

4403209

 

4403310

 

4403320

 

4403330

 

4403340

 

4403350

 

4403910

 

4403920

 

4403991

 

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4404100

 

4404200

 

4406100

 

4406900

 

4407100

 

4407210

 

4407220

 

4407230

 

4407910

 

4407920

 

4407990

 

4408101

 

4408201

 

4408901

 

4413000

 

4417001

 

4421901

 

4421903

 

4501100

 

4501900

 

4503100

 

4701000

 

4702000

 

4703110

 

4703190

 

4703210

 

4703290

 

4704110

 

4704190

 

4704210

 

4704290

 

4705000

 

4706100

 

4706910

 

4706920

 

4706930

 

4707100

 

4707200

 

4707300

 

4707900

 

4801000

 

4802521

 

4802601

 

4810991

 

4811311

 

4811312

 

4811391

 

4812000

 

4819501

 

4823901

 

4823903

 

4823904

 

4901100

 

4901910

 

4901990

 

4902100

 

4902900

 

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4904000

 

4905010

 

4905910

 

4905990

 

4906000

 

4907001

 

4907002

 

4907010

 

4907020

 

4911993

 

5004001

 

5104000

 

5105101

 

5105291

 

5303100

 

5303900

 

5304100

 

5304900

 

5305110

 

5305190

 

5305210

 

5305290

 

5305910

 

5404102

 

5405002

 

5407101

 

5501100

 

5501200

 

5501300

 

5501900

 

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5503200

 

5503300

 

5503400

 

5503900

 

5504100

 

5504900

 

5505100

 

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5506100

 

5506200

 

5506300

 

5506900

 

5507000

 

5602101

 

5602210

 

5602290

 

5602900

 

5902100

 

5902200

 

5902300

 

5902900

 

5903902

 

6812200

 

6812400

 

6812700

 

6812901

 

6815201

 

7001000

 

7002100

 

7002311

 

7002321

 

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7017200

 

7017900

 

7019391

 

7102100

 

7102210

 

7102290

 

7102310

 

7104200

 

7105100

 

7105900

 

7106910

 

7106921

 

7108120

 

7108131

 

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7110111

 

7110191

 

7110211

 

7110291

 

7110311

 

7110391

 

7110411

 

7110491

 

7112100

 

7112200

 

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7118100

 

7118101

 

7118109

 

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7118901

 

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7202410

 

7202490

 

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7202910

 

7202920

 

7202930

 

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7203900

 

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7204210

 

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7204490

 

7205210

 

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7206901

 

7210111

 

7210121

 

7210901

 

7212101

 

7218100

 

7218900

 

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7219140

 

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7226920

 

7302300

 

7302400

 

7317002

 

7401100

 

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7403110

 

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7403130

 

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7403210

 

7403220

 

7403230

 

7403290

 

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7405900

 

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7407101

 

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7407291

 

7410211

 

7410221

 

7501100

 

7501200

 

7502100

 

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7508001

 

7606111

 

7606121

 

7606911

 

7606921

 

7607111

 

7607191

 

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7801100

 

7801910

 

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7901120

 

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8101100

 

8101910

 

8101920

 

8101931

 

8101939

 

8101990

 

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8102920

 

8102930

 

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8111009

 

8112111

 

8112112

 

8112190

 

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8112209

 

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8112309

 

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8112409

 

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8402119

 

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8402902

 

8402909

 

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8404101

 

8404109

 

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8404901

 

8404909

 

8405900

 

8406110

 

8406190

 

8406900

 

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8407290

 

8407310

 

8407320

 

8407331

 

8407332

 

8407333

 

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8407342

 

8407343

 

8408109

 

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8410110

 

8410120

 

8410130

 

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8411220

 

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8411820

 

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8412290

 

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8466939

 

8466940

 

8467110

 

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8471910

 

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8474310

 

8474320

 

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8474809

 

8474900

 

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8476110

 

8476190

 

8476900

 

8477100

 

8477200

 

8477300

 

8477400

 

8477510

 

8477590

 

8477800

 

8477900

 

8478100

 

8478900

 

8479100

 

8479200

 

8479309

 

8479400

 

8479810

 

8479820

 

8479892

 

8479899

 

8479900

 

8480100

 

8480200

 

8480410

 

8480490

 

8480500

 

8480600

 

8480710

 

8480790

 

8481100

 

8481200

 

8481300

 

8481400

 

8481809

 

8481900

 

8482100

 

8482200

 

8482300

 

8482400

 

8482500

 

8482800

 

8482910

 

8482990

 

8501100

 

8501200

 

8501310

 

8501320

 

8501330

 

8501340

 

8501409

 

8501519

 

8501529

 

8501530

 

8501610

 

8501620

 

8501630

 

8501640

 

8502139

 

8502200

 

8502300

 

8502400

 

8503001

 

8503002

 

8504219

 

8504221

 

8504222

 

8504223

 

8504231

 

8504232

 

8504233

 

8504321

 

8504322

 

8504323

 

8504331

 

8504332

 

8504333

 

8504341

 

8504342

 

8504343

 

8504409

 

8504500

 

8504900

 

8505110

 

8505190

 

8505200

 

8505300

 

8505900

 

8508100

 

8508200

 

8508800

 

8508900

 

8513101

 

8513901

 

8514100

 

8514200

 

8514300

 

8514400

 

8514900

 

8515110

 

8515191

 

8515199

 

8515210

 

8515291

 

8515299

 

8515310

 

8515391

 

8515800

 

8515900

 

8516904

 

8517100

 

8517200

 

8517301

 

8517309

 

8517401

 

8517402

 

8517409

 

8517810

 

8517820

 

8517901

 

8517902

 

8517909

 

8519991

 

8520901

 

8522901

 

8523111

 

8523121

 

8523131

 

8523201

 

8525101

 

8525200

 

8526100

 

8526910

 

8526921

 

8528102

 

8528202

 

8529901

 

8530100

 

8530800

 

8530900

 

8531109

 

8531200

 

8531809

 

8531909

 

8532100

 

8532210

 

8532220

 

8532230

 

8532240

 

8532250

 

8532290

 

8532300

 

8532900

 

8533100

 

8533210

 

8533290

 

8533310

 

8533390

 

8533400

 

8533900

 

8535109

 

8535211

 

8535212

 

8535290

 

8535301

 

8535302

 

8535400

 

8536109

 

8536201

 

8536300

 

8536501

 

8536502

 

8539291

 

8539313

 

8539902

 

8540110

 

8540120

 

8540200

 

8540300

 

8540410

 

8540420

 

8540490

 

8540810

 

8540890

 

8540910

 

8540990

 

8541100

 

8541210

 

8541290

 

8541300

 

8541400

 

8541500

 

8541600

 

8541900

 

8542110

 

8542190

 

8542200

 

8542800

 

8542900

 

8543100

 

8543200

 

8543300

 

8543801

 

8543809

 

8543900

 

8544201

 

8544700

 

8545110

 

8545190

 

8545200

 

8545900

 

8546101

 

8546201

 

8547101

 

8601100

 

8601200

 

8602100

 

8602900

 

8603100

 

8603900

 

8604000

 

8607110

 

8607120

 

8607190

 

8607210

 

8607290

 

8607300

 

8607910

 

8607990

 

8608000

 

8701100

 

8701300

 

8701901

 

8701909

 

8704101

 

8704212

 

8704213

 

8704221

 

8704222

 

8704231

 

8704232

 

8704312

 

8704313

 

8704321

 

8704322

 

8704902

 

8704903

 

8708291

 

8708401

 

8708501

 

8708601

 

8708701

 

8708801

 

8708911

 

8708921

 

8708931

 

8708941

 

8708991

 

8709110

 

8709190

 

8709900

 

8713100

 

8713900

 

8714200

 

8801100

 

8801900

 

8802110

 

8802120

 

8802200

 

8802300

 

8802400

 

8802500

 

8803100

 

8803200

 

8803300

 

8803900

 

8804000

 

8805100

 

8805200

 

8901101

 

8901102

 

8901103

 

8901201

 

8901301

 

8901901

 

8901902

 

8902001

 

8902003

 

8902300

 

8904000

 

8905100

 

8905200

 

8905900

 

8907100

 

8907900

 

8908000

 

9001100

 

9005801

 

9005901

 

9006100

 

9007190

 

9007291

 

9007919

 

9007921

 

9010101

 

9010109

 

9010201

 

9010209

 

9010300

 

9010900

 

9011100

 

9011200

 

9011800

 

9011900

 

9012100

 

9012900

 

9013100

 

9013200

 

9013800

 

9013900

 

9014100

 

9014200

 

9014800

 

9014900

 

9015100

 

9015200

 

9015300

 

9015400

 

9015800

 

9015900

 

9016000

 

9017100

 

9017201

 

9017209

 

9017300

 

9017800

 

9017900

 

9018110

 

9018190

 

9018200

 

9018312

 

9018319

 

9018320

 

9018390

 

9018410

 

9018490

 

9018500

 

9018900

 

9019100

 

9019200

 

9020000

 

9021110

 

9021190

 

9021210

 

9021290

 

9021300

 

9021400

 

9021900

 

9022110

 

9022190

 

9022210

 

9022290

 

9022300

 

9022900

 

9023000

 

9024100

 

9024800

 

9024900

 

9025110

 

9025190

 

9025200

 

9025800

 

9025900

 

9026100

 

9026200

 

9026800

 

9026900

 

9027100

 

9027200

 

9027300

 

9027400

 

9027500

 

9027800

 

9027900

 

9028100

 

9028309

 

9028900

 

9029100

 

9029200

 

9029900

 

9030100

 

9030200

 

9030310

 

9030390

 

9030400

 

9030810

 

9030890

 

9030900

 

9031100

 

9031200

 

9031300

 

9031400

 

9031800

 

9031900

 

9032100

 

9032200

 

9032810

 

9032890

 

9032900

 

9033000

 

9106100

 

9106200

 

9106900

 

9107000

 

9108110

 

9108120

 

9108190

 

9108200

 

9108910

 

9108990

 

9110110

 

9110120

 

9110190

 

9110900

 

9114100

 

9114200

 

9114300

 

9114400

 

9114900

 

9405101

 

9405501

 

9501000

 

9502091

 

9502109

 

9502910

 

9502990

 

9503100

 

9503200

 

9503300

 

9503410

 

9503490

 

9503500

 

9503600

 

9503700

 

9503800

 

9503900

 

9504100

 

9506110

 

9506120

 

9506190

 

9506210

 

9506290

 

9506310

 

9506320

 

9506390

 

9506510

 

9506590

 

9506610

 

9506620

 

9506690

 

9506700

 

9506910

 

9506990

 

9507100

 

9507200

 

9507300

 

9507900

 

9508000

 

9603500

 

9607200

 

9608601

 

9618000

 

9705000

ANNEX III

Lists of industrial products originating in the Community to which are applicable, on importation into Egypt, the schedules for tariff dismantling referred to in Article 9(2)

 

2501009

 

2505101

 

2505901

 

2510100

 

2510200

 

2517419

 

2517499

 

2520100

 

2520209

 

2520900

 

2523291

 

2526100

 

2526209

 

2530300

 

2705000

 

2707100

 

2707200

 

2707500

 

2707600

 

2707910

 

2707990

 

2708100

 

2708200

 

2710003

 

2710009

 

2711131

 

2803000

 

2804100

 

2804300

 

2804400

 

2806100

 

2806200

 

2809209

 

2810009

 

2811110

 

2811190

 

2811210

 

2811220

 

2811230

 

2811290

 

2815110

 

2815120

 

2824100

 

2824200

 

2824901

 

2824909

 

2828101

 

2828102

 

2828901

 

2829191

 

2833110

 

2833190

 

2836209

 

2836309

 

2901101

 

2901291

 

2902200

 

2902901

 

2912600

 

3005101

 

3005109

 

3005901

 

3005909

 

3006101

 

3006500

 

3204110

 

3204121

 

3204129

 

3204130

 

3204141

 

3204149

 

3204150

 

3204160

 

3204170

 

3204191

 

3204199

 

3204200

 

3204900

 

3206100

 

3206200

 

3206300

 

3206410

 

3206420

 

3206430

 

3206490

 

3206500

 

3207201

 

3207209

 

3207300

 

3207400

 

3208101

 

3208201

 

3208901

 

3209101

 

3209901

 

3210001

 

3210003

 

3210004

 

3211009

 

3212901

 

3212902

 

3213100

 

3213900

 

3214109

 

3215110

 

3215191

 

3215199

 

3215900

 

3401111

 

3401201

 

3402111

 

3402121

 

3402131

 

3402191

 

3402901

 

3402909

 

3403111

 

3403191

 

3403911

 

3403991

 

3404901

 

3407009

 

3506100

 

3506910

 

3506990

 

3601000

 

3602000

 

3603000

 

3604901

 

3604909

 

3606100

 

3606900

 

3701200

 

3701301

 

3701309

 

3701910

 

3701991

 

3701999

 

3702200

 

3702310

 

3702320

 

3702390

 

3702410

 

3702420

 

3702430

 

3702440

 

3702519

 

3702529

 

3702530

 

3702540

 

3702559

 

3702569

 

3702919

 

3702929

 

3702930

 

3702949

 

3702959

 

3703109

 

3703209

 

3703909

 

3704000

 

3705100

 

3705200

 

3705900

 

3706101

 

3706901

 

3707100

 

3707900

 

3801111

 

3808101

 

3808109

 

3808201

 

3808209

 

3808301

 

3808309

 

3808401

 

3808409

 

3808901

 

3808909

 

3811110

 

3811191

 

3811211

 

3811291

 

3811901

 

3904109

 

3904210

 

3904220

 

3909401

 

3916100

 

3916200

 

3916900

 

3917211

 

3917221

 

3917231

 

3917291

 

3917311

 

3917321

 

3917391

 

3919900

 

3919901

 

3919909

 

3920109

 

3920200

 

3920300

 

3920410

 

3920420

 

3920510

 

3920590

 

3920610

 

3920620

 

3920630

 

3920690

 

3920710

 

3920720

 

3920730

 

3920790

 

3920910

 

3920920

 

3920930

 

3920940

 

3920990

 

3921110

 

3921120

 

3921130

 

3921140

 

3921190

 

3921909

 

3923101

 

3923211

 

3923302

 

3926101

 

3926102

 

3926201

 

3926901

 

3926902

 

3926904

 

3926905

 

3926906

 

3926908

 

4001292

 

4001302

 

4002199

 

4002209

 

4002319

 

4002399

 

4002499

 

4002599

 

4002609

 

4002709

 

4002809

 

4002999

 

4005100

 

4005200

 

4005910

 

4005990

 

4006100

 

4006900

 

4007000

 

4008110

 

4008190

 

4008210

 

4008290

 

4009100

 

4009200

 

4009300

 

4009400

 

4009500

 

4010100

 

4010919

 

4010999

 

4011100

 

4011200

 

4011300

 

4011400

 

4011500

 

4011910

 

4011990

 

4012100

 

4012200

 

4012900

 

4013100

 

4013200

 

4013900

 

4014900

 

4016109

 

4016910

 

4016929

 

4016930

 

4016940

 

4016950

 

4016994

 

4016999

 

4017002

 

4017009

 

4103200

 

4104109

 

4104210

 

4104220

 

4104299

 

4104310

 

4104390

 

4105110

 

4105120

 

4105199

 

4105200

 

4106110

 

4106120

 

4106199

 

4106200

 

4107101

 

4107211

 

4107291

 

4107901

 

4111000

 

4203101

 

4203210

 

4203291

 

4203301

 

4203401

 

4204000

 

4206109

 

4206900

 

4405000

 

4408109

 

4408209

 

4408909

 

4409109

 

4409209

 

4411110

 

4411210

 

4411310

 

4411910

 

4502000

 

4503900

 

4504100

 

4504900

 

4802101

 

4802109

 

4802200

 

4802300

 

4802400

 

4802511

 

4802519

 

4802521

 

4802529

 

4802531

 

4802539

 

4802601

 

4802609

 

4803001

 

4804110

 

4804190

 

4804210

 

4804290

 

4804310

 

4804390

 

4804410

 

4804420

 

4804490

 

4804510

 

4804520

 

4804590

 

4805100

 

4805210

 

4805220

 

4805230

 

4805290

 

4805300

 

4805400

 

4805500

 

4805600

 

4805700

 

4805800

 

4806100

 

4806200

 

4806300

 

4806400

 

4807100

 

4807910

 

4807990

 

4808100

 

4808200

 

4808300

 

4808900

 

4809100

 

4809200

 

4809300

 

4809900

 

4810110

 

4810120

 

4810210

 

4810290

 

4810310

 

4810320

 

4810390

 

4810910

 

4810999

 

4811100

 

4811210

 

4811290

 

4811319

 

4811399

 

4811400

 

4811901

 

4811909

 

4813100

 

4813200

 

4813901

 

4813909

 

4816100

 

4816200

 

4816300

 

4816900

 

4823300

 

4823400

 

4823701

 

4823902

 

4907003

 

4907004

 

4908100

 

4908900

 

4910001

 

4911101

 

4911991

 

4911992

 

5004009

 

5005000

 

5006001

 

5006009

 

5105109

 

5105210

 

5105299

 

5105300

 

5105400

 

5106100

 

5106200

 

5107100

 

5107200

 

5108100

 

5108200

 

5110009

 

5113001

 

5204110

 

5204190

 

5204200

 

5205110

 

5205120

 

5205130

 

5205140

 

5205150

 

5205210

 

5205220

 

5205230

 

5205240

 

5205250

 

5205310

 

5205320

 

5205330

 

5205340

 

5205350

 

5205410

 

5205420

 

5205430

 

5205440

 

5205450

 

5206110

 

5206120

 

5206130

 

5206150

 

5206210

 

5206220

 

5206230

 

5206240

 

5206250

 

5206310

 

5206320

 

5206330

 

5206340

 

5206350

 

5206410

 

5206420

 

5206430

 

5206440

 

5206450

 

5207100

 

5207900

 

5305990

 

5306100

 

5306209

 

5307100

 

5307200

 

5308100

 

5308200

 

5308300

 

5308901

 

5308909

 

5309101

 

5310901

 

5311009

 

5401109

 

5401209

 

5402100

 

5402200

 

5402310

 

5402320

 

5402330

 

5402390

 

5402411

 

5402412

 

5402420

 

5402430

 

5402491

 

5402492

 

5402510

 

5402520

 

5402590

 

5402610

 

5402620

 

5402690

 

5403100

 

5403200

 

5403311

 

5403312

 

5403320

 

5403331

 

5403332

 

5403391

 

5403392

 

5403410

 

5403420

 

5403490

 

5404101

 

5404109

 

5404900

 

5405001

 

5405009

 

5407102

 

5508109

 

5508209

 

5509110

 

5509120

 

5509210

 

5509220

 

5509310

 

5509320

 

5509410

 

5509420

 

5509510

 

5509520

 

5509530

 

5509590

 

5509610

 

5509620

 

5509690

 

5509910

 

5509920

 

5509990

 

5510110

 

5510120

 

5510200

 

5510300

 

5510900

 

5601100

 

5601210

 

5601220

 

5601290

 

5601300

 

5602109

 

5603000

 

5604100

 

5604200

 

5604900

 

5605000

 

5806101

 

5806103

 

5806401

 

5806403

 

5807100

 

5807200

 

5807900

 

5901901

 

5903101

 

5903201

 

5903901

 

5907001

 

5910000

 

5911100

 

5911200

 

5911310

 

5911320

 

5911400

 

5911900

 

6115911

 

6115921

 

6115931

 

6115991

 

6307200

 

6307901

 

6307902

 

6310101

 

6310109

 

6310900

 

6310909

 

6406101

 

6801000

 

6802101

 

6802102

 

6803000

 

6804100

 

6804211

 

6804219

 

6804221

 

6804229

 

6804231

 

6804239

 

6804300

 

6805300

 

6806100

 

6806200

 

6806900

 

6807100

 

6807900

 

6808000

 

6809901

 

6811100

 

6811200

 

6812100

 

6812300

 

6812500

 

6812600

 

6812909

 

6814100

 

6814900

 

6815100

 

6815209

 

6815910

 

6815990

 

6901000

 

6902100

 

6902200

 

6902901

 

6902902

 

6902909

 

6903100

 

6903200

 

6903900

 

6909110

 

6909190

 

6909191

 

6909900

 

7002200

 

7002319

 

7002399

 

7003191

 

7003192

 

7003200

 

7004901

 

7004902

 

7005101

 

7005102

 

7005291

 

7005292

 

7005300

 

7006001

 

7010100

 

7010902

 

7010903

 

7010904

 

7012000

 

7014001

 

7015100

 

7015901

 

7015909

 

7016909

 

7019100

 

7019200

 

7019310

 

7019320

 

7019399

 

7019900

 

7020001

 

7020009

 

7101100

 

7101210

 

7102200

 

7102390

 

7103100

 

7103910

 

7103990

 

7104100

 

7104900

 

7106100

 

7106922

 

7106929

 

7107001

 

7107009

 

7107220

 

7108110

 

7108132

 

7108139

 

7109001

 

7109009

 

7109240

 

7110112

 

7110192

 

7110199

 

7110212

 

7110292

 

7110299

 

7110312

 

7110392

 

7110399

 

7110492

 

7110499

 

7111001

 

7111002

 

7111100

 

7115100

 

7115901

 

7116101

 

7116201

 

7202110

 

7202190

 

7202210

 

7202290

 

7202300

 

7206909

 

7208110

 

7209140

 

7209210

 

7209340

 

7209440

 

7210119

 

7210129

 

7210902

 

7212109

 

7304100

 

7304200

 

7304319

 

7304399

 

7304419

 

7304499

 

7304519

 

7304599

 

7304909

 

7307210

 

7307220

 

7307230

 

7307290

 

7307910

 

7307920

 

7307930

 

7307990

 

7310292

 

7316000

 

7407109

 

7407219

 

7407229

 

7407299

 

7408110

 

7408190

 

7408210

 

7408220

 

7408290

 

7409110

 

7409190

 

7409210

 

7409290

 

7409310

 

7409390

 

7409400

 

7409900

 

7410110

 

7410120

 

7410219

 

7410229

 

7411100

 

7411210

 

7411220

 

7411290

 

7412100

 

7412200

 

7413000

 

7414100

 

7414900

 

7415100

 

7415210

 

7415290

 

7415310

 

7415320

 

7415390

 

7416000

 

7419992

 

7504000

 

7505110

 

7505120

 

7505210

 

7505220

 

7506100

 

7506200

 

7507110

 

7507120

 

7507200

 

7601100

 

7601200

 

7602000

 

7603100

 

7603200

 

7604109

 

7604290

 

7605110

 

7605190

 

7605210

 

7605290

 

7606119

 

7606129

 

7606919

 

7606929

 

7607119

 

7607199

 

7607209

 

7612909

 

7616902

 

7803000

 

7804110

 

7804190

 

7804200

 

7805000

 

7806000

 

7903100

 

7903900

 

7904000

 

7905000

 

7906000

 

7907100

 

7907900

 

8003000

 

8004000

 

8005100

 

8005200

 

8006000

 

8205100

 

8205200

 

8205300

 

8205400

 

8205510

 

8205590

 

8205700

 

8205800

 

8205900

 

8211940

 

8212101

 

8212109

 

8212201

 

8212202

 

8212203

 

8212900

 

8213000

 

8214100

 

8214901

 

8214902

 

8214903

 

8214909

 

8301100

 

8301200

 

8301300

 

8301409

 

8301500

 

8301600

 

8301700

 

8302100

 

8302200

 

8302300

 

8302410

 

8302420

 

8302490

 

8302500

 

8302600

 

8305100

 

8305200

 

8305900

 

8306100

 

8307100

 

8307900

 

8308100

 

8308200

 

8308909

 

8309901

 

8311109

 

8311209

 

8311309

 

8311909

 

8407339

 

8407349

 

8407900

 

8408102

 

8408103

 

8408202

 

8408203

 

8408902

 

8408903

 

8409919

 

8409999

 

8413110

 

8413190

 

8413300

 

8413830

 

8413911

 

8413913

 

8414301

 

8415901

 

8418502

 

8418619

 

8418691

 

8418699

 

8418991

 

8418999

 

8421211

 

8421230

 

8421310

 

8421910

 

8421990

 

8423109

 

8423200

 

8423300

 

8423810

 

8423820

 

8423899

 

8423901

 

8423902

 

8424100

 

8428101

 

8431201

 

8431312

 

8448310

 

8448410

 

8451300

 

8452100

 

8452901

 

8469100

 

8469210

 

8469290

 

8469310

 

8469390

 

8470100

 

8470210

 

8470290

 

8470300

 

8470400

 

8470500

 

8470900

 

8472100

 

8472200

 

8472300

 

8472900

 

8473100

 

8473210

 

8473290

 

8473400

 

8474801

 

8479301

 

8481802

 

8483100

 

8483400

 

8483500

 

8483600

 

8483900

 

8484100

 

8484900

 

8485100

 

8485900

 

8501401

 

8501511

 

8501521

 

8503002

 

8504109

 

8506119

 

8506121

 

8506129

 

8506139

 

8506199

 

8506200

 

8506909

 

8507101

 

8507201

 

8507300

 

8507801

 

8507901

 

8507909

 

8510901

 

8510902

 

8511100

 

8511200

 

8511300

 

8511400

 

8511500

 

8511800

 

8511900

 

8511909

 

8512100

 

8512200

 

8512300

 

8512400

 

8512900

 

8513109

 

8513909

 

8516291

 

8516400

 

8516901

 

8516902

 

8524211

 

8524221

 

8524231

 

8524901

 

8529101

 

8531101

 

8531801

 

8531901

 

8534000

 

8535101

 

8535211

 

8535301

 

8535900

 

8536101

 

8536209

 

8536410

 

8536490

 

8536509

 

8536619

 

8536900

 

8537101

 

8537109

 

8537209

 

8539100

 

8539210

 

8539229

 

8539299

 

8539312

 

8539319

 

8539390

 

8539400

 

8539901

 

8539909

 

8544110

 

8544190

 

8544300

 

8544419

 

8544499

 

8544519

 

8544599

 

8544609

 

8546102

 

8546209

 

8546900

 

8547109

 

8547200

 

8547900

 

8548000

 

8605000

 

8606100

 

8606200

 

8606300

 

8606910

 

8606920

 

8606990

 

8609000

 

8703101

 

8705100

 

8705200

 

8705300

 

8705400

 

8705900

 

8708100

 

8708210

 

8708299

 

8708310

 

8708390

 

8708409

 

8708509

 

8708609

 

8708709

 

8708809

 

8708919

 

8708929

 

8708939

 

8708949

 

8708999

 

8711109

 

8711209

 

8711309

 

8711409

 

8711509

 

8711909

 

8712009

 

8714110

 

8714190

 

8714910

 

8714920

 

8714930

 

8714940

 

8714950

 

8714960

 

8714999

 

8715000

 

8716900

 

8901104

 

8901109

 

8901209

 

8901309

 

8901903

 

8901909

 

8902002

 

8902009

 

8903102

 

8903912

 

8903922

 

8903992

 

8906009

 

9001200

 

9001300

 

9001401

 

9001409

 

9001501

 

9001509

 

9001900

 

9002110

 

9002190

 

9002200

 

9002909

 

9006200

 

9006309

 

9006409

 

9006519

 

9006529

 

9006539

 

9006599

 

9006610

 

9006620

 

9006690

 

9006910

 

9006990

 

9007110

 

9007210

 

9007299

 

9007911

 

9007929

 

9008100

 

9008200

 

9008300

 

9008400

 

9008900

 

9009110

 

9009120

 

9009210

 

9009220

 

9009300

 

9009900

 

9028201

 

9028209

 

9028301

 

9101119

 

9101129

 

9101199

 

9101219

 

9101299

 

9101999

 

9102110

 

9102120

 

9102190

 

9102210

 

9102290

 

9102910

 

9102990

 

9103100

 

9103900

 

9104000

 

9105110

 

9105190

 

9105210

 

9105290

 

9105910

 

9105990

 

9109110

 

9109190

 

9109900

 

9111109

 

9111200

 

9111800

 

9111909

 

9112100

 

9112800

 

9112900

 

9201100

 

9201200

 

9201900

 

9202100

 

9202900

 

9203000

 

9204100

 

9204200

 

9205100

 

9205900

 

9206000

 

9207100

 

9207900

 

9209100

 

9209200

 

9209300

 

9209910

 

9209920

 

9209930

 

9209940

 

9209990

 

9302000

 

9303100

 

9303200

 

9303300

 

9303900

 

9304000

 

9305100

 

9305210

 

9305290

 

9305901

 

9305909

 

9307000

 

9401901

 

9402100

 

9402900

 

9405102

 

9504200

 

9504909

 

9506400

 

9603210

 

9603291

 

9603301

 

9603400

 

9603902

 

9604000

 

9606100

 

9608109

 

9608200

 

9608310

 

9608399

 

9608409

 

9608609

 

9608919

 

9608999

 

9609109

 

9609200

 

9609900

 

9610000

 

9611000

 

9613801

 

9613901

 

9617000

 

9706000

ANNEX IV

Lists of industrial products originating in the Community to which are applicable, on importation into Egypt, the schedules for tariff dismantling referred to in Article 9(3)

 

2515110

 

2515120

 

2515200

 

2516110

 

2516120

 

2516210

 

2516220

 

2516900

 

2523100

 

2523210

 

2523292

 

2523300

 

2523900

 

2704000

 

2706000

 

2707300

 

2707400

 

2801100

 

2807000

 

2808000

 

2915219

 

2939901

 

2939902

 

3003100

 

3003200

 

3003390

 

3003400

 

3003909

 

3004100

 

3004200

 

3004320

 

3004390

 

3004400

 

3004500

 

3004909

 

3102100

 

3102290

 

3102300

 

3102400

 

3102500

 

3102600

 

3102700

 

3102800

 

3102900

 

3103100

 

3103200

 

3103900

 

3207100

 

3208109

 

3208209

 

3208909

 

3209102

 

3209902

 

3210002

 

3212909

 

3214900

 

3302109

 

3302901

 

3302909

 

3303001

 

3303009

 

3304101

 

3304109

 

3304201

 

3304209

 

3304301

 

3304309

 

3304911

 

3304919

 

3304991

 

3304999

 

3305101

 

3305109

 

3305201

 

3305209

 

3305301

 

3305309

 

3305901

 

3305909

 

3306101

 

3306109

 

3306901

 

3306909

 

3307101

 

3307109

 

3307201

 

3307209

 

3307301

 

3307309

 

3307411

 

3307419

 

3307491

 

3307499

 

3307901

 

3307909

 

3401119

 

3401190

 

3401209

 

3402200

 

3405100

 

3405200

 

3405300

 

3405400

 

3405900

 

3406000

 

3604100

 

3605000

 

3706109

 

3706902

 

3912201

 

3917109

 

3917219

 

3917229

 

3917239

 

3917299

 

3917319

 

3917329

 

3917330

 

3917399

 

3917400

 

3918100

 

3918900

 

3919100

 

3921902

 

3921903

 

3922100

 

3922200

 

3922900

 

3923109

 

3923219

 

3923290

 

3923309

 

3923400

 

3923509

 

3923900

 

3924100

 

3924900

 

3925100

 

3925200

 

3925300

 

3925900

 

3926109

 

3926209

 

3926300

 

3926400

 

3926909

 

4010911

 

4010991

 

4015110

 

4015190

 

4015901

 

4015909

 

4107109

 

4107219

 

4107299

 

4107909

 

4108000

 

4109000

 

4201000

 

4202110

 

4202120

 

4202190

 

4202210

 

4202220

 

4202290

 

4202310

 

4202320

 

4202390

 

4202910

 

4202920

 

4202991

 

4202999

 

4203109

 

4203292

 

4302110

 

4302120

 

4302130

 

4302190

 

4302200

 

4302300

 

4303100

 

4303900

 

4304001

 

4304009

 

4409101

 

4409102

 

4409201

 

4409202

 

4410100

 

4410900

 

4411190

 

4411290

 

4411390

 

4411990

 

4412110

 

4412120

 

4412190

 

4412210

 

4412290

 

4412910

 

4412991

 

4412999

 

4414000

 

4415100

 

4415200

 

4416000

 

4417009

 

4418100

 

4418200

 

4418300

 

4418400

 

4418500

 

4418901

 

4418909

 

4419000

 

4420100

 

4420901

 

4420909

 

4421100

 

4421902

 

4421909

 

4601100

 

4601200

 

4601910

 

4601990

 

4602100

 

4602900

 

4803009

 

4814200

 

4814300

 

4814901

 

4814909

 

4815000

 

4817100

 

4817200

 

4817300

 

4818101

 

4818109

 

4818200

 

4818300

 

4818400

 

4818500

 

4818900

 

4819101

 

4819109

 

4819201

 

4819209

 

4819300

 

4819400

 

4819509

 

4819600

 

4820101

 

4820109

 

4820201

 

4820209

 

4820301

 

4820309

 

4820400

 

4820501

 

4820509

 

4820901

 

4820909

 

4821100

 

4821900

 

4822100

 

4822900

 

4823110

 

4823190

 

4823200

 

4823510

 

4823590

 

4823600

 

4823709

 

4823909

 

4909000

 

4910002

 

4910003

 

4910004

 

4910009

 

4911102

 

4911103

 

4911109

 

4911910

 

4911999

 

5007100

 

5007200

 

5007900

 

5109100

 

5109900

 

5110001

 

5111110

 

5111190

 

5111200

 

5111300

 

5111900

 

5112110

 

5112190

 

5112200

 

5112300

 

5112900

 

5113009

 

5208110

 

5208120

 

5208130

 

5208190

 

5208210

 

5208220

 

5208230

 

5208290

 

5208310

 

5208320

 

5208330

 

5208390

 

5208410

 

5208420

 

5208430

 

5208490

 

5208510

 

5208520

 

5208530

 

5208590

 

5209110

 

5209120

 

5209190

 

5209210

 

5209220

 

5209290

 

5209310

 

5209320

 

5209390

 

5209410

 

5209420

 

5209430

 

5209490

 

5209510

 

5209520

 

5209590

 

5210110

 

5210120

 

5210190

 

5210210

 

5210220

 

5210290

 

5210310

 

5210320

 

5210390

 

5210410

 

5210420

 

5210490

 

5210510

 

5210520

 

5210590

 

5211110

 

5211120

 

5211190

 

5211210

 

5211220

 

5211290

 

5211310

 

5211320

 

5211390

 

5211410

 

5211420

 

5211430

 

5211490

 

5211510

 

5211520

 

5211590

 

5212110

 

5212120

 

5212130

 

5212140

 

5212150

 

5212210

 

5212220

 

5212230

 

5212240

 

5212250

 

5306201

 

5308901

 

5309110

 

5309190

 

5309210

 

5309290

 

5310109

 

5310909

 

5311001

 

5401101

 

5401201

 

5406100

 

5406200

 

5407109

 

5407200

 

5407300

 

5407410

 

5407420

 

5407430

 

5407440

 

5407510

 

5407520

 

5407530

 

5407540

 

5407600

 

5407710

 

5407720

 

5407730

 

5407740

 

5407810

 

5407820

 

5407830

 

5407840

 

5407910

 

5407920

 

5407930

 

5407940

 

5408100

 

5408210

 

5408220

 

5408230

 

5408240

 

5408310

 

5408320

 

5408330

 

5408340

 

5508101

 

5508201

 

5511100

 

5511200

 

5511300

 

5512110

 

5512190

 

5512210

 

5512290

 

5512910

 

5512990

 

5513110

 

5513120

 

5513130

 

5513190

 

5513210

 

5513220

 

5513230

 

5513290

 

5513310

 

5513320

 

5513330

 

5513390

 

5513410

 

5513420

 

5513430

 

5513490

 

5514110

 

5514120

 

5514130

 

5514190

 

5514210

 

5514220

 

5514230

 

5514290

 

5514310

 

5514320

 

5514330

 

5514390

 

5514410

 

5514420

 

5514430

 

5514490

 

5515110

 

5515120

 

5515130

 

5515190

 

5515210

 

5515220

 

5515290

 

5515910

 

5515920

 

5515990

 

5516120

 

5516130

 

5516140

 

5516210

 

5516220

 

5516230

 

5516240

 

5516310

 

5516320

 

5516330

 

5516340

 

5516410

 

5516420

 

5516430

 

5516440

 

5516910

 

5516920

 

5516930

 

5516940

 

5606000

 

5607100

 

5607210

 

5607290

 

5607300

 

5607410

 

5607490

 

5607500

 

5607900

 

5608110

 

5608190

 

5608900

 

5609000

 

5701100

 

5701900

 

5702100

 

5702200

 

5702310

 

5702320

 

5702390

 

5702410

 

5702420

 

5702490

 

5702510

 

5702520

 

5702590

 

5702910

 

5702920

 

5702990

 

5703100

 

5703200

 

5703300

 

5703900

 

5704100

 

5704900

 

5705000

 

5801100

 

5801210

 

5801220

 

5801230

 

5801240

 

5801250

 

5801260

 

5801310

 

5801320

 

5801330

 

5801340

 

5801350

 

5801360

 

5801900

 

5801901

 

5801910

 

5801920

 

5802110

 

5802190

 

5802200

 

5802300

 

5803100

 

5803900

 

5804100

 

5804210

 

5804290

 

5804300

 

5805000

 

5806102

 

5806109

 

5806200

 

5806310

 

5806320

 

5806390

 

5806402

 

5806409

 

5808100

 

5808900

 

5809000

 

5810100

 

5810910

 

5810920

 

5810990

 

5811000

 

5901100

 

5901909

 

5903109

 

5903209

 

5903909

 

5904100

 

5904910

 

5904920

 

5905000

 

5906100

 

5906910

 

5906990

 

5907001

 

5907009

 

5908000

 

5909000

 

6001100

 

6001210

 

6001220

 

6001290

 

6001910

 

6001920

 

6001990

 

6002100

 

6002200

 

6002300

 

6002410

 

6002420

 

6002430

 

6002490

 

6002910

 

6002920

 

6002930

 

6002990

 

6101100

 

6101200

 

6101300

 

6101900

 

6102100

 

6102200

 

6102300

 

6102900

 

6103110

 

6103120

 

6103190

 

6103210

 

6103220

 

6103230

 

6103290

 

6103310

 

6103320

 

6103330

 

6103390

 

6103410

 

6103420

 

6103430

 

6103490

 

6104110

 

6104120

 

6104130

 

6104190

 

6104210

 

6104220

 

6104230

 

6104290

 

6104310

 

6104320

 

6104330

 

6104390

 

6104410

 

6104420

 

6104430

 

6104440

 

6104490

 

6104510

 

6104520

 

6104530

 

6104590

 

6104610

 

6104620

 

6104630

 

6104690

 

6105100

 

6105200

 

6105900

 

6106100

 

6106200

 

6106900

 

6107110

 

6107120

 

6107190

 

6107210

 

6107220

 

6107290

 

6107910

 

6107920

 

6107990

 

6108110

 

6108190

 

6108210

 

6108220

 

6108290

 

6108310

 

6108320

 

6108390

 

6108910

 

6108920

 

6108990

 

6109100

 

6109900

 

6110100

 

6110200

 

6110300

 

6110900

 

6111100

 

6111200

 

6111300

 

6111900

 

6112110

 

6112120

 

6112190

 

6112200

 

6112310

 

6112390

 

6112410

 

6112490

 

6113001

 

6113009

 

6114100

 

6114200

 

6114300

 

6114900

 

6115110

 

6115120

 

6115190

 

6115200

 

6115919

 

6115929

 

6115939

 

6115999

 

6116100

 

6116910

 

6116920

 

6116930

 

6116990

 

6117100

 

6117200

 

6117800

 

6201110

 

6201120

 

6201130

 

6201190

 

6201910

 

6201920

 

6201930

 

6201990

 

6202110

 

6202120

 

6202130

 

6202190

 

6202910

 

6202920

 

6202930

 

6202990

 

6203110

 

6203120

 

6203190

 

6203210

 

6203220

 

6203230

 

6203290

 

6203310

 

6203320

 

6203330

 

6203390

 

6203410

 

6203420

 

6203430

 

6203490

 

6204110

 

6204120

 

6204130

 

6204190

 

6204210

 

6204220

 

6204230

 

6204290

 

6204310

 

6204320

 

6204330

 

6204390

 

6204410

 

6204420

 

6204430

 

6204440

 

6204490

 

6204510

 

6204520

 

6204530

 

6204590

 

6204610

 

6204620

 

6204630

 

6204690

 

6205100

 

6205200

 

6205300

 

6205900

 

6206100

 

6206200

 

6206300

 

6206400

 

6206900

 

6207110

 

6207190

 

6207210

 

6207220

 

6207290

 

6207910

 

6207920

 

6207990

 

6208110

 

6208190

 

6208210

 

6208220

 

6208290

 

6208910

 

6208920

 

6208990

 

6209100

 

6209200

 

6209300

 

6209900

 

6210100

 

6210200

 

6210300

 

6210400

 

6210500

 

6211110

 

6211120

 

6211200

 

6211310

 

6211320

 

6211330

 

6211390

 

6211410

 

6211420

 

6211430

 

6211490

 

6212100

 

6212200

 

6212300

 

6212900

 

6213100

 

6213200

 

6213900

 

6214100

 

6214200

 

6214300

 

6214400

 

6214900

 

6215100

 

6215200

 

6215900

 

6216000

 

6217100

 

6217900

 

6301100

 

6301200

 

6301300

 

6301400

 

6301900

 

6302100

 

6302210

 

6302220

 

6302290

 

6302310

 

6302320

 

6302390

 

6302400

 

6302510

 

6302520

 

6302530

 

6302590

 

6302600

 

6302910

 

6302920

 

6302930

 

6302990

 

6303110

 

6303120

 

6303190

 

6303910

 

6303920

 

6303990

 

6304110

 

6304190

 

6304910

 

6304920

 

6304930

 

6304990

 

6305100

 

6305200

 

6305310

 

6305390

 

6305900

 

6306110

 

6306120

 

6306190

 

6306210

 

6306220

 

6306290

 

6306310

 

6306390

 

6306410

 

6306490

 

6306910

 

6306990

 

6307100

 

6307909

 

6308000

 

6309001

 

6309002

 

6309009

 

6309100

 

6309200

 

6309900

 

6401100

 

6401910

 

6401920

 

6401990

 

6402110

 

6402190

 

6402200

 

6402300

 

6402910

 

6402990

 

6403110

 

6403190

 

6403200

 

6403300

 

6403400

 

6403510

 

6403590

 

6403910

 

6403990

 

6404110

 

6404190

 

6404200

 

6405100

 

6405200

 

6405900

 

6406109

 

6406200

 

6406910

 

6406991

 

6406999

 

6501000

 

6502000

 

6503000

 

6504000

 

6505100

 

6505900

 

6506100

 

6506910

 

6506920

 

6506990

 

6507000

 

6601100

 

6601910

 

6601990

 

6602001

 

6602009

 

6603100

 

6603200

 

6603900

 

6701000

 

6702100

 

6702900

 

6703000

 

6704110

 

6704190

 

6704200

 

6704900

 

6802109

 

6802211

 

6802219

 

6802221

 

6802229

 

6802231

 

6802239

 

6802291

 

6802299

 

6802911

 

6802919

 

6802921

 

6802931

 

6802939

 

6802991

 

6802999

 

6805100

 

6805200

 

6809110

 

6809190

 

6809902

 

6809909

 

6810110

 

6810190

 

6810200

 

6810910

 

6810991

 

6810992

 

6810999

 

6811300

 

6811900

 

6813100

 

6813900

 

6904100

 

6904900

 

6905100

 

6905900

 

6906000

 

6907100

 

6907900

 

6908101

 

6908109

 

6908901

 

6908909

 

6910100

 

6910900

 

6911100

 

6911900

 

6912000

 

6913100

 

6913900

 

6914100

 

6914900

 

7003110

 

7003199

 

7003300

 

7004100

 

7004909

 

7005109

 

7005210

 

7005299

 

7006002

 

7006009

 

7007110

 

7007190

 

7007210

 

7007290

 

7008001

 

7008009

 

7009100

 

7009910

 

7009920

 

7010901

 

7010905

 

7010909

 

7013100

 

7013210

 

7013290

 

7013310

 

7013320

 

7013390

 

7013910

 

7013990

 

7014009

 

7016100

 

7016901

 

7018100

 

7018200

 

7018900

 

7113110

 

7113190

 

7113200

 

7114110

 

7114190

 

7114200

 

7115909

 

7116109

 

7116209

 

7117110

 

7117190

 

7117900

 

7201100

 

7201200

 

7201301

 

7201309

 

7202991

 

7204500

 

7205100

 

7206100

 

7207110

 

7207120

 

7207190

 

7207200

 

7208120

 

7208130

 

7208140

 

7208210

 

7208220

 

7208230

 

7208240

 

7208310

 

7208320

 

7208330

 

7208340

 

7208350

 

7208410

 

7208420

 

7208430

 

7208440

 

7208450

 

7208902

 

7208909

 

7209110

 

7209120

 

7209130

 

7209210

 

7209220

 

7209230

 

7209310

 

7209320

 

7209330

 

7209410

 

7209420

 

7209430

 

7209901

 

7209902

 

7209909

 

7210200

 

7210310

 

7210390

 

7210410

 

7210490

 

7210500

 

7210600

 

7210700

 

7210903

 

7210909

 

7211110

 

7211120

 

7211191

 

7211199

 

7211210

 

7211220

 

7211291

 

7211299

 

7211300

 

7211410

 

7211491

 

7211499

 

7211901

 

7211909

 

7212210

 

7212290

 

7212300

 

7212400

 

7212500

 

7212600

 

7213100

 

7213200

 

7213310

 

7213390

 

7213410

 

7213490

 

7213500

 

7214101

 

7214109

 

7214200

 

7214300

 

7214400

 

7214500

 

7214600

 

7215100

 

7215200

 

7215300

 

7215400

 

7215900

 

7216210

 

7216220

 

7216310

 

7216320

 

7216330

 

7216400

 

7216500

 

7216600

 

7216901

 

7216909

 

7217110

 

7217120

 

7217130

 

7217190

 

7217210

 

7217220

 

7217230

 

7217290

 

7217310

 

7217320

 

7217330

 

7217390

 

7221000

 

7222100

 

7222200

 

7222300

 

7222400

 

7224100

 

7224900

 

7225200

 

7225300

 

7225400

 

7225500

 

7225900

 

7226200

 

7226910

 

7226990

 

7227100

 

7227200

 

7227900

 

7228100

 

7228200

 

7228300

 

7228400

 

7228500

 

7228600

 

7228700

 

7228800

 

7229100

 

7229200

 

7229900

 

7301100

 

7301200

 

7302100

 

7302200

 

7302901

 

7302909

 

7303000

 

7304311

 

7304391

 

7304411

 

7304511

 

7304591

 

7304901

 

7305111

 

7305119

 

7305121

 

7305129

 

7305191

 

7305199

 

7305201

 

7305209

 

7305319

 

7305391

 

7305399

 

7305901

 

7305909

 

7306101

 

7306109

 

7306201

 

7306209

 

7306301

 

7306309

 

7306401

 

7306409

 

7306501

 

7306509

 

7306601

 

7306609

 

7306901

 

7306909

 

7307111

 

7307119

 

7307191

 

7307199

 

7308100

 

7308200

 

7308300

 

7308400

 

7308900

 

7309000

 

7310100

 

7310211

 

7310212

 

7310219

 

7310291

 

7310299

 

7311001

 

7311009

 

7312101

 

7312109

 

7312901

 

7312909

 

7313000

 

7314110

 

7314190

 

7314200

 

7314300

 

7314410

 

7314420

 

7314490

 

7314500

 

7315110

 

7315120

 

7315190

 

7315200

 

7315810

 

7315820

 

7315890

 

7315900

 

7317001

 

7317009

 

7318110

 

7318120

 

7318130

 

7318140

 

7318150

 

7318160

 

7318190

 

7318210

 

7318220

 

7318230

 

7318240

 

7318290

 

7319100

 

7319200

 

7319300

 

7319900

 

7320100

 

7320200

 

7320900

 

7321110

 

7321120

 

7321130

 

7321810

 

7321820

 

7321830

 

7321900

 

7322110

 

7322190

 

7322900

 

7323100

 

7323910

 

7323920

 

7323930

 

7323940

 

7323990

 

7324100

 

7324211

 

7324219

 

7324290

 

7324900

 

7325100

 

7325910

 

7325990

 

7326110

 

7326190

 

7326200

 

7326901

 

7326902

 

7326903

 

7326909

 

7407211

 

7407219

 

7417000

 

7418100

 

7418200

 

7419100

 

7419910

 

7419920

 

7419991

 

7419999

 

7508002

 

7508003

 

7508009

 

7604101

 

7604210

 

7608100

 

7608200

 

7609000

 

7610100

 

7610900

 

7611000

 

7612100

 

7612901

 

7613000

 

7614100

 

7614900

 

7615100

 

7615200

 

7616100

 

7616901

 

7616909

 

8007000

 

8210000

 

8211100

 

8211910

 

8211920

 

8211930

 

8214200

 

8214909

 

8215100

 

8215200

 

8215910

 

8215990

 

8301401

 

8304000

 

8306210

 

8306290

 

8306300

 

8308901

 

8309100

 

8309909

 

8310000

 

8311101

 

8311201

 

8311301

 

8311901

 

8402121

 

8402191

 

8402201

 

8402901

 

8404109

 

8404201

 

8404909

 

8407210

 

8408101

 

8408201

 

8408901

 

8409911

 

8409991

 

8413701

 

8413811

 

8413813

 

8413912

 

8414510

 

8414591

 

8414592

 

8414600

 

8414801

 

8414900

 

8415100

 

8415810

 

8415820

 

8415830

 

8415909

 

8418101

 

8418109

 

8418211

 

8418219

 

8418221

 

8418229

 

8418291

 

8418299

 

8418300

 

8418400

 

8418509

 

8418691

 

8418910

 

8418991

 

8418991

 

8419110

 

8419191

 

8419199

 

8419900

 

8421121

 

8422110

 

8422901

 

8424811

 

8424891

 

8424901

 

8424909

 

8427900

 

8431311

 

8450110

 

8450120

 

8450190

 

8450200

 

8450900

 

8451210

 

8451902

 

8452400

 

8479891

 

8479891

 

8480301

 

8480302

 

8480309

 

8481801

 

8483200

 

8483300

 

8502110

 

8502120

 

8502131

 

8504101

 

8504211

 

8504221

 

8504222

 

8504223

 

8504231

 

8504232

 

8504233

 

8504310

 

8504321

 

8504322

 

8504323

 

8504331

 

8504332

 

8504333

 

8504341

 

8504342

 

8504343

 

8504401

 

8506111

 

8506130

 

8506131

 

8506191

 

8506901

 

8507109

 

8507209

 

8507400

 

8507809

 

8509100

 

8509200

 

8509300

 

8509400

 

8509800

 

8509900

 

8510100

 

8510200

 

8510909

 

8516100

 

8516210

 

8516299

 

8516310

 

8516320

 

8516330

 

8516500

 

8516600

 

8516710

 

8516720

 

8516790

 

8516800

 

8516903

 

8516909

 

8518100

 

8518210

 

8518220

 

8518290

 

8518300

 

8518400

 

8518500

 

8518900

 

8519100

 

8519210

 

8519290

 

8519310

 

8519390

 

8519400

 

8519910

 

8519999

 

8520100

 

8520200

 

8520310

 

8520390

 

8520909

 

8521100

 

8521900

 

8522100

 

8522902

 

8522909

 

8523119

 

8523129

 

8523139

 

8523209

 

8523900

 

8524100

 

8524219

 

8524229

 

8524239

 

8524909

 

8525109

 

8525300

 

8526929

 

8527110

 

8527190

 

8527210

 

8527290

 

8527310

 

8527320

 

8527390

 

8527900

 

8528101

 

8528109

 

8528201

 

8528209

 

8529108

 

8529109

 

8529909

 

8536202

 

8536503

 

8536611

 

8536690

 

8537201

 

8537202

 

8538100

 

8538900

 

8539221

 

8539311

 

8544209

 

8544411

 

8544412

 

8544491

 

8544492

 

8544511

 

8544512

 

8544591

 

8544592

 

8544601

 

8544602

 

8701200

 

8701901

 

8702100

 

8702900

 

8703102

 

8703210

 

8703221

 

8703311

 

8703312

 

8704109

 

8704211

 

8704219

 

8704229

 

8704239

 

8704311

 

8704319

 

8704901

 

8704909

 

8706000

 

8707100

 

8707900

 

8711101

 

8711201

 

8711301

 

8711401

 

8711501

 

8711901

 

8712001

 

8714991

 

8716200

 

8716310

 

8716390

 

8716400

 

8716800

 

8903101

 

8903911

 

8903921

 

8903991

 

9002901

 

9003110

 

9003190

 

9003900

 

9004100

 

9004900

 

9005100

 

9005809

 

9005909

 

9006301

 

9006401

 

9006511

 

9006521

 

9006531

 

9006591

 

9018311

 

9101111

 

9101121

 

9101191

 

9101211

 

9101291

 

9101911

 

9101991

 

9111100

 

9111101

 

9111901

 

9113100

 

9113200

 

9113901

 

9113902

 

9113909

 

9208100

 

9208901

 

9305902

 

9305903

 

9306100

 

9306219

 

9306299

 

9306309

 

9306909

 

9401100

 

9401200

 

9401300

 

9401400

 

9401500

 

9401610

 

9401690

 

9401710

 

9401790

 

9401800

 

9401909

 

9403100

 

9403200

 

9403300

 

9403400

 

9403500

 

9403600

 

9403700

 

9403800

 

9403900

 

9404100

 

9404210

 

9404290

 

9404900

 

9405109

 

9405200

 

9405300

 

9405400

 

9405509

 

9405600

 

9405910

 

9405920

 

9405990

 

9406001

 

9406002

 

9406009

 

9502101

 

9504300

 

9504400

 

9504901

 

9505100

 

9505900

 

9601100

 

9601900

 

9602001

 

9602009

 

9603101

 

9603102

 

9603299

 

9603309

 

9603901

 

9603903

 

9603909

 

9605000

 

9606210

 

9606220

 

9606290

 

9606300

 

9607110

 

9607190

 

9608101

 

9608102

 

9608391

 

9608401

 

9608501

 

9608509

 

9608911

 

9608991

 

9609101

 

9612100

 

9612200

 

9613100

 

9613200

 

9613300

 

9613809

 

9613909

 

9614100

 

9614200

 

9614900

 

9615110

 

9615190

 

9615900

 

9616100

 

9616200

 

9701100

 

9701900

 

9702000

 

9703000

 

9704000

ANNEX V

List of industrial products originating in the Community referred to in Article 9(4)

 

8703 10 30

 

8703 10 90

 

8703 22 90

 

8703 23 10

 

8703 23 20

 

8703 23 90

 

8703 24 00

 

8703 31 90

 

8703 32 20

 

8703 32 90

 

8703 33 00

 

8703 90 00

 

8716 10 00

ANNEX VI

Intellectual property rights referred to in Article 37

1.

By the end of the fourth year after the entry into force of the Agreement, Egypt shall accede to the following multilateral conventions on intellectual property rights:

the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome, 1961),

Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (1977, amended 1980),

the Patent Cooperation Treaty (Washington 1970, amended in 1979 and modified in 1984),

the International Convention for Protection of New Varieties of Plants (UPOV) (Geneva Act 1991),

Nice Agreement concerning the international Classification of Goods and Services for the Purpose of the Registration of Marks (Geneva Act 1977and amended in 1979),

Protocol relating to the Madrid Agreement concerning the international registration of Marks (Madrid 1989).

2.

The Parties confirm the importance they attach to the obligations arising from the following multilateral conventions:

the World Trade Organisation Agreement on Trade Related Aspects of Intellectual Property Rights (Marrakech, April 15, 1994), taking into consideration the transitional period provided for developing countries in Article 65 of that Agreement,

the Paris Convention for the protection of industrial property (Stockholm Act 1967 amended in 1979),

Berne Convention for the protection of literary and artistic works (Paris Act 1971),

Madrid Agreement concerning the International Registration of Marks (Stockholm Act 1967 amended in 1979).

3.

The Association Council may decide that paragraph 1 shall apply to other multilateral conventions in this field.

PROTOCOL 1

concerning the arrangements applicable to imports into the Community of agricultural products originating in Egypt

1.

The products listed in the Annex, originating in Egypt, shall be admitted for importation into the Community, according to the conditions contained hereafter and in the Annex.

2.

(a)

Customs duties shall be either eliminated or reduced as indicated in column ‘A’;

(b)

for certain products, for which the Common Customs Tariff provides for the application of an ad valorem duty and a specific duty, the rates of reduction, indicated in columns ‘A’ and ‘C’, shall apply only to the ad valorem duty.

3.

For certain products, customs duties shall be eliminated within the limit of the tariff quotas listed in column ‘B’.

For the quantities imported in excess of the quotas, the common customs duties shall, according to the product concerned, be applied in full or reduced, as indicated in column ‘C’.

For the first year of application, the volumes of tariff quotas shall be calculated as a pro rata of the basic volumes, taking into account the part of the period elapsed before the date of entry into force of this Agreement.

4.

For the products for which the specific provisions in column ‘D’ refer to this paragraph, the tariff quota volumes listed in column ‘B’ shall be increased annually by 3 % of the volume of the previous year; the first increase taking place one year after the entry into force of this Agreement.

5.

From 1 December to 31 May, for sweet oranges, fresh, falling within CN codes ex 0805 10 10, ex 0805 10 30 and ex 0805 10 50, within the limit of the tariff quota of 34 000 tonnes applicable for the concession on the ad valorem customs duties, the agreed entry price between the European Community and Egypt, from which the specific duty provided in the Community's list of concessions to the WTO is reduced to zero, is:

EUR 266/tonne, from 1 December 1999 to 31 May 2000,

EUR 264/tonne, for every period thereafter, from 1 December to 31 May.

If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry price, the specific customs duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of the agreed entry price, the specific customs duty bound within the WTO shall apply.

ANNEX TO PROTOCOL 1

 

 

A

B

C

D

CN code

Description

Reduction of the MFN customs duty (1)

Tariff quota

Reduction of the customs duty beyond the tariff quota (1)

Specific provisions

 

 

(%)

(tons)

(%)

 

0601

Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower; chicory plants and roots other than roots of heading 1212

100

500

-

Subject to specific provisions in Protocol 1 paragraph 4

0602

Other live plants (including their roots), cuttings and slips; mushroom spawn

100

2 000

-

Subject to specific provisions in Protocol 1 paragraph 4

ex 0603 10

Fresh cut flowers and flower buds, of a kind suitable for bouquets or for ornamental purposes, from 1 October to 15 April

100

3 000 of which 1 000 of flowers falling within CN codes 0603 10 29 and 0603 10 69

-

Subject to compliance with the conditions agreed upon by exchange of letters

0604 99

Foliage, branches and other parts of plants, without flowers or flower buds, and grasses, dried, dyed, bleached, impregnated or otherwise prepared

100

500

-

Subject to specific provisions in Protocol 1 paragraph 4

ex 0701 90 51

New potatoes, fresh or chilled, from 1 January to 31 March

100

year 1: 130 000

year 2: 190 000 year 3 and following

years: 250 000

60

 

ex 0702 00

Tomatoes, fresh or chilled, from 1 November to 31 March

100

-

-

 

ex 0703 10

Onions and shallots, fresh or chilled, from 1 February to 15 June

100

15 000

60

Subject to specific provisions in Protocol 1 paragraph 4

ex 0703 20 00

Garlic, fresh or chilled, from 1 February to 15 June

100

3 000

50

Subject to specific provisions in Protocol 1 paragraph 4

ex 0704

Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled, from 1 November to 15 April

100

1 500

-

Subject to specific provisions in Protocol 1 paragraph 4

ex 0705 11

Cabbage lettuce (head lettuce), from 1 November to 31 March

100

500

-

Subject to specific provisions in Protocol 1 paragraph 4

ex 0706 10 00

Carrots and turnips, fresh or chilled, from 1 January to 30 April

100

500

-

Subject to specific provisions in Protocol 1 paragraph 4

ex 0707 00

Cucumbers and gherkins, fresh or chilled, from 1 January to end February

100

500

-

Subject to specific provisions in Protocol 1 paragraph 4

ex 0708

Leguminous vegetables, shelled or unshelled, fresh or chilled, from 1 November to 30 April

100

year 1: 15 000

year 2: 17 500

year 3 and following years: 20 000

-

 

ex 0709

Other vegetables, fresh or chilled:

asparagus from 1 October to end February

sweet peppers from 1 November to 30 April

other vegetables from 1 November to end February

100

-

-

 

ex 0710

ex 0711

Frozen and provisionally preserved vegetables, excluding sweet corn of subheadings 0710 40 00 and 0711 90 30 and excluding mushrooms of the type Agaricus of subheadings 0710 80 61 and 0711 90 40

100

year 1: 1 000

year 2: 2 000

year 3 and following years: 3 000

-

 

0712

Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared

100

16 000

-

Subject to specific provisions in Protocol 1 paragraph 4

ex 0713

Dried leguminous vegetables, shelled, whether or not skinned or split, excluding products for sowing of subheadings 0713 10 10, 0713 33 10 and 0713 90 10

100

-

-

 

0714 20

Sweet potatoes, fresh, chilled, frozen or dried

100

3 000

-

Subject to specific provisions in Protocol 1 paragraph 4

0804 10 00

Dates, fresh or dried

100

-

-

 

0804 50 00

Guavas, mangoes and mangosteens, fresh or dried

100

-

-

 

0805 10

Oranges, fresh or dried

100

year 1: 50 000 (2)

year 2: 55 000 (2)

year 3 and following years: 60 000 (2)

60

Subject to specific provisions in Protocol 1 paragraph 5

0805 20

Mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids, fresh or dried

100

-

 

 

0805 30

Lemons and limes, fresh or dried

100

-

-

 

0805 40

Grapefruit, fresh or dried

100

-

-

 

exex 0806 10

Grapes, fresh, from 1 February to 14 July

100

-

-

 

ex ex 0807 11 00

Watermelons, fresh, from 1 February to 15 June

100

-

-

 

0807 19 00

Other melons, fresh, from 15 October to 31 May

100

1 000

-

Subject to specific provisions in Protocol 1 paragraph 4

0808 20

Pears and quinces, fresh

100

500

-

Subject to specific provisions in Protocol 1 paragraph 4

ex 0809 30

Peaches, including nectarines, fresh, from 15 March to 31 May

100

500

-

Subject to specific provisions in Protocol 1 paragraph 4

ex 0809 40

Plums and sloes, fresh, from 15 April to 31 May

100

500

-

Subject to specific provisions in Protocol 1 paragraph 4

ex 0810 10

Strawberries, fresh, from 1 October to 31 March

100

year 1: 500

year 2: 1 000

year 3 and following years: 1 500

-

 

0810 90 85

Other fruit, fresh

100

-

-

 

0811

0812

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter, or provisionally preserved, but unsuitable in that state for immediate consumption

100

year 1: 1 000

year 2: 2 000

year 3 and following years: 3 000

-

 

0904

Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta

100

-

-

 

0909

Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries

100

-

-

 

0910

Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices

100

-

-

 

1006

Rice

25

32 000

-

 

1202

Ground nuts

100

-

-

 

ex 1209

Seeds, fruit and spores, of a kind used for sowing, excluding beet seeds of subheadings 1209 11 00 and 1209 19 00

100

-

-

 

1211

Plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes

100

-

-

 

1212

Locust beans, seaweeds and other algae, sugar beet and sugar cane; fruit stones and kernels and other vegetable products of a kind used primarily for human consumption, not elsewhere specified or included

100

-

-

 

1515 50 11

Sesame oil, crude, for technical or industrial uses other than the manufacture of foodstuffs for human consumption (3)

100

1 000

-

Subject to specific provisions in Protocol 1 paragraph 4

1515 90

Other fixed vegetable fats and oils and their fractions, whether or not refined, but not chemically modified

100

500

-

Subject to specific provisions in Protocol 1 paragraph 4

1703

Molasses resulting from the extraction or refining of sugar

100

350 000

-

Subject to specific provisions in Protocol 1 paragraph 4

2001 90 10

Mango chutney

100

-

-

 

2007

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

100

1 000

-

Subject to specific provisions in Protocol 1 paragraph 4

2008 11

Ground-nuts

100

3 000

-

Subject to specific provisions in Protocol 1 paragraph 4

2009

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

100

1 000

-

Subject to specific provisions in Protocol 1 paragraph 4

2302

Bran, sharps and other residues derived from the sifting, milling or other working of cereals or of leguminous plants

60

-

-

 

5301

Flax

100

-

-

 


(1)  Duty reduction only applies to ad valorem customs duties.

(2)  Tariff quota applicable from 1 July to 30 June. Of this volume 34 000 tons for sweet oranges, fresh, falling within CN codes ex 0805 10 10, ex 0805 10 30 and ex 0805 10 50, during the period from 1 December to 31 May.

(3)  Entry under this subheading is subject to conditions laid down in the relevant Community provisions.

PROTOCOL 2

Concerning the arrangements applicable to imports into Egypt of agricultural products originating in the Community

1.

The products listed in the Annex originating in the Community shall be admitted for importation into Egypt according to the conditions contained hereafter and in the Annex.

2.

Import duties on imports shall be either eliminated or reduced to the level indicated in column ‘A’.

3.

For certain products, the duties shall be eliminated or reduced within the limit of a tariff quota listed in column ‘B’.

ANNEX TO PROTOCOL 2

 

 

A

B

Egyptian code

Description

Duty reduction (%)

Tariff quota (in tons)

Live bovine animal

0102 10

pure-bred breeding animals

100

Unlimited

0102 90

other

50

10 000

0202 30

Meat of bovine animals, frozen, boneless

50

25 000

Milk

 

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

 

 

0402 10 10

– –

for infants

 

 

0402 10 91

– –

other than for infants, in packages of a weight not less than 20 kg

 

 

 

in powder, granules or other solid forms, of a fat content by weight exceeding 1,5 %

 

 

 

– –

not containing added sugar or other sweetening matter

100

Unlimited

0402 21 10

– – –

for infants, ‘half fat’

 

 

0402 21 91

– – –

other, in packages of a weight not less than 20 kg

 

 

 

– –

containing added sugar or other sweetening matter

 

 

0402 29 10

– – –

for infants, ‘half fat’

 

 

0402 29 91

– – –

other, in packages of a weight not less than 20 kg

 

 

Cream

0402 21 20

not containing added sugar or other sweetening matter

25

500

0402 29 20

containing added sugar or other sweetening matter

 

 

0405 00 90

Butter and other fats and oils derived from milk, in packages of a weight not less than 20 kg

25

5 000

Cheese and curd

0406 10 90

fresh (unripened or uncured) cheese, including whey cheese, and curd, in packages of a weight over 20 kg

 

 

0406 20 90

grated or powdered cheese of all kinds, in packages of a weight over 20 kg

 

 

0406 30 90

processed cheese not grated or powdered, in packages of a weight over 20 kg

50

2 000

0406 40 90

blue veined cheese, in packages of a weight over 20 kg

 

 

0406 90 90

other cheese, in packages of a weight over 20 kg, excluding white cheese of cow's milk in brine

 

 

0601

Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower; chicory plants and roots other than roots of heading 1212

100

Unlimited

0602

Live plants (including their roots), cuttings and slips; mushroom spawn

100

Unlimited

0701 10 00

Seed potatoes

100

Unlimited

ex 0713

Dried leguminous vegetables, shelled, whether or not skinned or split, excluding leguminous vegetables of headings 0713 20 00 (chickpeas) and 0713 90 00 (other)

100

3 000

0802

Other nuts, fresh or dried, whether or not shelled or peeled

50

300

0808 10 00

Apples, fresh, from 1 January to 29 February

25

500

0809 20 00

Cherries, fresh

25

500

0812 10 00

Cherries, provisionally preserved but unsuitable in that state for immediate consumption

30

500

1201

Soya beans, whether or not broken

100

Unlimited

1204

Linseed, whether or not broken

100

Unlimited

1206

Sunflower seeds, whether or not broken

100

Unlimited

1207 10

Palm nuts and kernels, whether or not broken

100

Unlimited

1207 30

Castor oil seeds, whether or not broken

50

Unlimited

1207 40

Sesamum seeds, whether or not broken

100

Unlimited

1207 50

Mustard seeds, whether or not broken

50

Unlimited

1207 92

Shea nuts (karite nuts), whether or not broken

50

Unlimited

1207 99

Other oil seeds and oleaginous fruits, whether or not broken

50

Unlimited

1209

Seeds, fruits and spores of a kind used for sowing

100

Unlimited

Soya-bean oil and its fractions

1507 10 90

crude oil, other than put up for retail sale

100

15 000

1507 90 91

purified (semi-refined), other than put up for retail sale

 

 

Sunflower-seed oil

1512 11 91

crude oil, other than put up for retail sale

100

15 000

1512 19 91

purified (semi-refined), other than put up for retail sale

 

 

2002 90 90

Tomatoes prepared or preserved otherwise than by vinegar or acetic acid, other than tomatoes whole or in pieces, of a weight over 5 kg net

50

500

2003

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

50

100

2301 20 00

Flours, meals and pellets, of fish or of crustaceans, molluscs or other aquatic invertebrates

100

10 000

2309

Preparations of a kind used for animal feeding

30

20 000

PROTOCOL 3

Concerning the arrangements applicable to processed agricultural products

Article 1

1.   Customs duties and charges having equivalent effect applicable on import into Egypt of processed agricultural products originating in the Community, listed in Annex I to this Protocol, shall be gradually reduced in accordance with the following schedule:

as regards the products listed in Table 1, duties shall be abolished two years after the entry into force of the Agreement,

as regards the products listed in Table 2, duties shall be subject to the following reductions:

two years after entry into force of the Agreement: -5 % of the basic duties,

three years after the entry into force of the Agreement: -10 % of the basic duties,

four years after the entry into force of the Agreement: -15 % of the basic duties,

as regards the products listed in Table 3, duties shall be reduced as be subject to the following reductions:

two years after entry into force of the Agreement: -5 % of the basic duties,

three years after the entry into force of the Agreement: -15 % of the basic duties,

four years after the entry into force of the Agreement: -25 % of the basic duties.

2.   Imports into the Community of processed agricultural products originating in Egypt, listed in Annex II to this Protocol, shall be subject to the duties mentioned therein, whether limited by quota or not.

3.   The reductions of customs duties mentioned in Annexes I and II to this Protocol shall apply to the basic duties referred to in Article 18.

4.   The Association Council may decide on:

extensions of the list of processed agricultural products under this Protocol,

amendments of the duties mentioned in Annexes I and II to this Protocol,

increases or abolition of tariff quotas.

Article 2

1.   Customs duties applied pursuant to Article 1 may be reduced by decision of the Association Committee:

when in trade between the Community and Egypt the duties applied to the basic products are reduced, or

in response to reductions resulting from mutual concessions relating to processed agricultural products.

2.   As regards the duties applied by the Community, the reductions provided for under the first indent will be calculated on the part of the duty designated as the agricultural component which shall correspond to the agricultural products actually used in the manufacture of the processed agricultural products in question and deduced from the duties applied to these basic agricultural products.

Article 3

The Community and Egypt shall inform each other of the administrative arrangements adopted for the products covered by this Protocol.

These arrangements should ensure equal treatment for all interested parties and should be as simple and flexible as possible.

ANNEX I TO PROTOCOL 3

Table 1

Egyptian code

Description

Applicable duties %

0405

Butter and other fats and oils derived from milk, dairy spreads:

 

0405 00 90

Other (in packages of more than 20 kg)

0

0505

Skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers:

 

0505 10

Feathers of a kind used for stuffing; down:

 

0505 10 00

Raw

0

0505 90 00

Other

0

0506

Bones and horn-cores, unworked, deflatted, simply prepared (but not cut to shape), treated with acid or degelatinised, powder and waste of these products

0

0509 90 00

Natural sponges of animal origin

0

0510 00

Ambergris, castoreum, civet and musk, cantharides; bile; whether or not dried, gland and other animal products used in the preparation of pharmaceutical products, fresh, chilled, frozen or otherwise provisionally preserved

0

0903 00

Maté

0

1302

Vegetable saps and extracts, pectid substances, pectinates and pectades, agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products

 

 

seaweed and other algae:

 

 

– –

other:

 

1302 19 90

– – –

Other

0

1302 20 00

Pectic substances, pectinates and pectates:

0

 

– –

Mucilages and thickeners, whether or not modified, derived from vegetable products:

0

1302 31 00

– –

Agar-agar

0

1302 32 00

Mucilages and thickeners, whether or not modified, derived from locust beans, locust bean seeds or guar seeds

0

1401

Vegetable materials of a kind used primarily for planting (for example, bamboos, rattans, reeds, rushes, osier, raffia, cleaned, bleached or dyed cereal straw, and lime bark):

 

1401 10 00

bamboos

0

1401 20 00

rattans

0

1401 90 00

others

0

1505

Wool grease crude and fatty substances derived therefrom (including lanolin):

 

1505 10

Wool grease, crude:

 

1505 10 90

For wholesale

0

1505 90

Other:

 

1505 90 90

– –

For wholesale

0

1506 00 90

Other animal fats and oils and their fractions, whether or not refined, but not chemically modified for wholesale

0

1515

Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified:

 

1515 60

Jojoba oil and its fractions:

 

1515 60 90

Jojoba oil and its fractions for wholesale

0

1518 00 10

Lynixine

0

1518 00 90

Other

0

1521

Vegetable waxes, beeswax, other insects waxes and spermaceti, whether or not refined or coloured:

 

1521 10

Vegetable waxes

0

1521 90

Other

0

1522 00 00

Degras

0

1702

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

 

1702 50 00

Chemically pure fructose

0

1702 90 10

Chemically pure maltose

0

1803

Cocoa paste, whether or not deflated:

 

1803 10 00

not deflated

0

1803 20 00

wholly of partly deflated

0

1901

Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 50 %, not elsewhere specified or included; food preparations of goods headings 0401 to 0404, not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 10 %, not elsewhere specified or included:

 

1901 10

Preparations for infant use, put up for retail sale

0

1901 90 11-19-2130 90 91

Other

0

2101

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

 

2101 20 00

Extracts, essences and concentrates of tea or maté, and preparations with a basis of these extracts, essences and concentrates or with a basis of tea or maté

0

2101 30 00

Roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof

0

2905 43 00

Mannitol

0

2905 44 00

D-gluticol (sorbitol)

0

2905 45 00

Glycerol

0

3809 10 00

Finishing agents dye carriers with a basis of amylaceauos substances

0

3823 (1)

Industrial monocarboxylic fatty acids, acid oils from refining, industrial fatty alcohols:

 

 

Industrial monocarboxylic fatty acids, acid oils from refining:

 

3823 11 00

Stearic acid

0

3823 12 00

Oleic acid

0

3823 13 00

Tall oil fatty acids

0

3823 19

Other:

 

3823 19 10

Distilled fatty acids

0

3823 19 30

Fatty acids distillate

0

3823 19 90

Other

0

3823 70 00

Industrial fatty alcohols

0

3824 (1)

Prepared binders for foundry moulds or cores, chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products) not otherwise specified or included, residual products of the chemical or allied industries, not elsewhere specified of included:

 

3824 60

Sorbitol other than that of subheading 2905 44:

 

 

– –

In acquaeous solution: A46

0

3824 60 11

– – –

Containing 2 % or less by weight of d-manitol, calculated on the d-glucol content

0

3824 60 19

– – –

Other

 

 

– –

Other:

0

3824 60 91

– – –

Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

0

3824 60 99

– – –

Other

0

Table 2

Egyptian code

Description

Reduction to be applied to the basic duties %

0403

Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:

 

0403 10 00

Yoghurt

-15

0403 90

Other:

 

 

– – –

other:

 

0403 90 91

– – – –

put up for retail sale

-15

0403 90 99

– – – –

other

-15

0405

Butter and other fats and oils derived from milk, dairy spreads:

 

0405 00 10

Package less than 20 kg

-15

1302

Vegetable saps and extracts, pectid substances, pectinates and pectades, agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:

 

1302 12 00

– –

Of liquorice

-15

1302 13 00

– –

Of hops

-15

1302 14 00

– –

Of pyrethrum or of the roots of plants containing rotenone

-15

1302 19

– –

Other:

 

1302 19 20

– – –

Intermixtures of vegetable extracts, for the manufacture of beverages or of food preparations

-15

1404

Vegetable products not elsewhere specified or included:

 

1404 10 00

Raw vegetable materials of a kind used primarily in dyeing or tanning

-15

1404 20

Cotton linters:

 

1404 20 10

– – –

Treated chemically

-15

1404 20 90

– – –

Other

-15

1404 90 00

Other

-15

1505

Wool grease, crude and fatty substances derived therefrom (including lanolin):

 

1505 10

Wool grease crude:

 

1505 10 10

– –

Wool grease crude for retail sale

-15

1505 90

Other:

 

1505 90 10

– –

For retail sale

-15

1516 20 10

Vegetable fats and oils and their fractions, hydrogenated castor oil, so called ‘opal-wax’

-15

1517

Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 1516:

 

1517 10

Margarine, excluding liquid margarine,

 

1517 10 10

– – –

For retail sale put up in packages of less than 20 kg

-15

1517 90

Other:

 

1517 90 11

– – – –

Liquid margarine for retail sale put up in packages of less than 20 kg

-15

1517 90 91

– – – –

Others put up for retail sale

-15

1520 00

Glycerol:

 

1520 10 00

Crude

-15

1520 90

Other:

 

1520 90 10

– –

For pharmaceutical use

-15

1520 90 90

– –

Others

-15

1804 00 00

Cocoa butter, fat and oil

-15

1805 00 00

Cocoa powder, not containing added sugar or other sweetening matter

-15

2001

Vegetables, fruits, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:

 

2001 90

Other:

 

 

– –

Yams, sweet potatoes and similar edible parts of plants containing 5 % ore more by weight of starch

-15

 

– –

Palm hearts

-15

2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen:

 

2004 10 00

Potatoes

-15

2004 90 00

Other vegetables and mixtures of vegetables:

 

 

– –

Sweet corn

-15

2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen

 

2005 20 00

Potatoes:

 

 

– –

In the form of flour, meal or flakes,

-15

2101

Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof:

 

2101 10 00

Extracts, essences and concentrates of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee

-15

2103

Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:

 

2103 10 00

Soya sauce

-15

2103 20 00

Tomato ketchup and other tomato sauces

-15

2103 30 00

Mustard flour and meal and prepared mustard:

-15

2103 90 00

– –

Other:

-15

2104

Soups and broths and preparations therefor; homogenised composite food preparations:

 

2104 10 00

Soups and broths and preparation therefor:

-15

2104 20

Homogenised composite food preparation

 

2104 20 10

– –

For infant use

-15

2104 20 90

– –

Other

-15

2105 00 00

Ice cream and other edible ice, whether or not containing cocoa

-15

2106

Food preparations not elsewhere specified or included:

 

2106 10 00

Protein concentrates and textured protein substances

-15

2106 90

Other:

 

2106 90 10

– – –

Emulsifying material

-15

2106 90 30

– – –

Food preparation for medical use

-15

2106 90 90

– – –

Other (including cheese fondue)

-15

3505 10

Dextrins and other modified starches

-15

3505 20

Glue based on starches or on dextrins or other modified starches

-15

Table 3

Egyptian code

Description

Reduction to be applied to the basic duties %

0507

Ivory, tortoise-shell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, unworked or simply prepared but not cut to shape, powder and waste of these products

-25

0508 00

Coral and similar materials unworked or simply prepared but not otherwise worked. Shells of molluscs, crustaceans or echinoderms and cuttle-bone, unworked or simply prepared but not cut to shape, powder and waste thereof

-25

0710

Vegetables (uncooked or cooked by streaming or boiling in water), frozen:

 

0710 40 00

Sweet corn

-25

0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption:

 

0711 90 00

Other:

 

 

– –

Sweet corn (zea mays var. saccharata)

-25

1506

Other animal fats and oils and their fractions whether or not refined but not chemically modified:

 

1506 00 10

For retail sale

-25

1704

Sugar confectionery (including white chocolate), not containing cocoa

-25

1806

Chocolate and other food preparation containing cocoa

-25

1901

Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 50 %, not elsewhere specified or included; food preparations of goods headings 0401 to 0404, not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 10 %, not elsewhere specified or included

 

1901 20 00

– Mixes and doughs for the preparation of bakers' ware of heading 1905

-25

 

– –

Malt extract

-25

1901 90 29

– – – –

Other

-25

1901 90 99

– – – –

Other

-25

1902

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni, couscous, whether or not prepared

-25

 

Uncooked pasta, not stuffed or otherwise prepared

-25

1903 00 00

Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms

-25

1904

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example cornflakes); cereals other than maize (corn), in grain form, pre-cooked or otherwise prepared (2)

-25

1905

Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

-25

2001

Vegetables, fruits, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:

 

2001 90 90

Other:

 

 

– –

Sweet corn (zea mays var. saccharata)

-25

2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen:

 

2004 90 00

Other vegetables and mixtures of vegetables:

 

2004 90 10

– – –

Sweet corn (zea mays var. saccharata)

-25

2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen:

 

2005 80 00

Sweet corn (zea mays var. saccharata)

-25

2008

Fruits, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included:

 

2008 11 00

Ground-nuts:

– –

Peanut butter

-25

 

Other, including mixtures other than those of subheading 2008 19:

 

2008 91 00

– –

Palm hearts

-25

2008 92 00

– –

Mixtures (not containing added spirit)

-25

2008 99 00

– –

Other

-25

2102

Yeasts (active or inactive), other single-cell micro organisms, dead (but not including vaccines of heading 3002), prepared baking powders

-25

2201

Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter or flavoured; ice and snow

-25

2202

Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009

-25

2207

Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol and other spirits, denatured, of any strength

-25

3302

Mixture of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as a raw material in industry, other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:

 

3302 10

Of a kind used in the food or drink industries

-25


(1)  Headings 3823 and 3824 (and all the products included into these two groups) are classified by CN codes.

(2)  This description has changed since 1 January 1996; see heading 1904 in Annex II Table 3.

ANNEX II TO PROTOCOL 3

Table 1

CN code

Description

Applicable duties %

0505

Skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers:

 

0505 10

Feathers of a kind used for stuffing; down:

 

0505 10 90

– –

Other

0

0505 90 00

Other

0

0509 00

Natural sponges of animal origin:

 

0509 00 90

Other

0

0903 00 00

Maté

0

1212

Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included:

 

1212 20 00

Seaweeds and other algae

0

1302

Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:

 

 

Vegetable saps and extracts:

 

1302 12 00

– –

Of liquorice

0

1302 13 00

– –

Of hops

0

1302 14 00

– –

Of pyrethrum or of the roots of plants containing rotenone

0

1302 19

– –

Other:

 

1302 19 30

– – –

Intermixtures of vegetable extracts, for the manufacture of beverages or of food preparations

0

 

– – –

Other:

 

1302 19 91

– – – –

Medicinal

0

1302 20

Pectic substances, pectinates and pectates:

 

1302 20 10

– –

Dry

0

1302 20 90

– –

Other

0

 

Mucilages and thickeners, whether or not modified, derived from vegetable products:

 

1302 31 00

– –

Agar-agar

0

1302 32

– –

Mucilages and thickeners, whether or not modified, derived from locust beans, locust bean seeds or guar seeds:

 

1302 32 10

– – –

Of locust beans or locust bean seeds

0

1505

Wool grease and fatty substances derived therefrom (including lanolin):

 

1505 10 00

Wool grease, crude

0

1505 90 00

Other

0

1506 00 00

Other animal fats and oils and their fractions, whether or not refined, but not chemically modified

0

1515

Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified:

 

1515 60

Jojoba oil and its fractions:

 

1515 60 90

– –

Other

0

1516

Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared:

 

1516 20

Vegetable fats and oils and their fractions:

 

1516 20 10

– –

Hydrogenated castor oil, so called ‘opal-wax’

0

1517 90 93

– – –

Edible mixtures or preparations of a kind used as mould release preparation

0

1518 00

Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516; inedible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, not elsewhere specified or included:

 

1518 00 10

Linoxyn

0

 

Fixed vegetable oils, fluid, mixed, for technical or industrial uses other than the manufacture of foodstuffs for human consumption

 

 

Other:

 

1518 00 91

– –

Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516

0

 

– –

Other:

 

1518 00 95

– – –

Inedible mixtures or preparations of animal or of animal and vegetable fats and oils and their fractions

0

1518 00 99

– – –

Other

0

1520 00 00

Glycerol (glycerine), crude; glycerol waters and glycerol lyes

0

1521

Vegetable waxes (other than triglycerides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured:

 

1521 10

Vegetable waxes:

 

1521 10 90

– –

Other

0

1521 90

Other:

 

1521 90 10

– –

Spermaceti, whether or not refined or coloured

0

 

– –

Beeswax and other insect waxes, whether or not refined or coloured

 

1521 90 99

– – –

Other

0

1522 00

Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes:

 

1522 00 10

Degras

0

1702 90

Other, including invert sugar:

 

1702 90 10

– –

Chemically pure maltose

0

1704

Sugar confectionery (including white chocolate), not containing cocoa:

 

1704 90

Other:

 

1704 90 10

– –

Liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances

0

1803

Cocoa paste, whether or not defatted:

 

1803 10 00

Not defatted

0

1803 20 00

Wholly or partly defatted

0

1804 00 00

Cocoa butter, fat and oil

0

1805 00 00

Cocoa powder, not containing added sugar or other sweetening matter

0

1806

Chocolate and other food preparation containing cocoa:

 

1806 10

Cocoa powder, containing added sugar or other sweetening matter:

 

1806 10 15

– –

Containing no sucrose or containing less than 5 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

0

 

– –

Other:

 

1901 90 91

– – –

Containing no milk fats, sucrose, isoglucose, glucose or starch or containing less than 1,5 % milk fat, 5 % sucrose (including invert sugar) or isoglucose, 5 % glucose or starch, excluding food preparations in powder form of goods of headings 0401 to 0404

0

2001 90 60

– –

Palm hearts

0

2008 11 10

– – –

Peanut butter

0

 

Other, including mixtures other than those of subheading 2008 19:

 

2008 91 00

– –

Palm hearts

0

2101

Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof:

 

 

Extracts, essences and concentrates of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

 

2101 11

– –

Extracts; essences or concentrates:

 

2101 11 11

– – –

With a coffee-based dry matter content of 95 % or more by weight

0

2101 11 19

---

Other

0

 

--

Preparations:

 

 

– –

Preparations with a basis of coffee:

 

2101 12 92

– – –

With a basis of extracts, essences or concentrates of coffee

0

2101 20

Extracts, essences and concentrates of tea or maté, and preparations with a basis of these extracts, essences and concentrates or with a basis of tea or maté:

 

2101 20 20

– –

Extracts, essences or concentrates:

0

 

– –

Preparations

 

2101 20 92

– – –

With a basis of extracts, essences or concentrates of tea or maté

0

2101 30

Roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof:

 

 

– –

Roasted chicory and other roasted coffee substitutes:

 

2101 30 11

– – –

Roasted chicory

0

 

– –

Extracts, essences and concentrates of roasted chicory and other roasted coffee substitutes:

 

2101 30 91

– – –

Of roasted chicory

0

2102

Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 3002); prepared baking powders:

 

2102 10

Active yeasts:

 

2102 10 10

– –

Culture yeast

0

2102 10 31

– –

Bakers' yeasts

0

2102 10 39

– –

Bakers' yeast (excluding dried)

0

2102 10 90

– –

Other

0

2102 20

Inactive yeasts; other single-cell micro-organisms, dead:

 

 

– –

Inactive yeasts:

 

2102 20 11

– – –

In tablet, cube or similar form, or in immediate packings of a net content not exceeding 1 kg.

0

2102 20 19

– – –

Other

0

2102 20 90

– –

Other

0

2102 30 00

Prepared baking powders

0

2103

Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:

 

2103 10 00

Soya sauce

0

2103 20 00

Tomato ketchup and other tomato sauces

0

2103 30

Mustard flour and meal and prepared mustard:

 

2103 30 10

– –

Mustard flour

0

2103 30 90

– –

Prepared mustard

0

2103 90

– –

Other:

 

2103 90 10

– –

Mango chutney, liquid

0

2103 90 30

– –

Aromatic bitters of an alcoholic strength by volume of 44,2 to 49,2 % vol containing from 1,5 to 6 % by weight of gentian, spices and various ingredients and from 4 to 10 % of sugar, in containers holding 0,5 litre or less

0

2103 90 90

– –

Other

0

2104

Soups and broths and preparations therefor; homogenised composite food preparations:

 

2104 10

Soups and broths and preparation therefor

0

2104 20 00

Homogenised composite food preparation

0

2106

Food preparations not elsewhere specified or included:

 

2106 10

Protein concentrates and textured protein substances:

 

2106 10 20

– –

Containing no milk fats, sucrose, isoglucose, glucose or starch or containing by weight less than 1,5 % milk fat, 5 % sucrose or isoglucose, 5 % glucose or starch

0

 

Other:

 

2106 90

– –

Other:

 

2106 90 92

– – –

Containing no milk fats, sucrose, isoglucose, glucose or starch or containing by weight less than 1,5 % milk fat, 5 % sucrose or isoglucose, 5 % glucose or starch

0

2201

Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavoured; ice and snow:

 

2201 10

Mineral waters and aerated waters:

0

2201 90 00

Other

0

2202

Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009:

 

2202 10 00

Waters including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured

0

2202 90

Other:

 

2202 90 10

– –

Not containing products of headings 0401 to 0404 or fat obtained from products of headings 0401 to 0404

0

2203 00

Beer made from malt:

 

 

In containers holding 10 litres or less:

 

2203 00 01

– –

In bottles

0

2203 00 09

– –

Other

0

2203 00 10

In containers holding more than 10 litres

0

2205

Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances:

 

2205 10

In containers holding 2 litres or less:

 

2205 10 10

– –

Of an actual alcoholic strength by volume of 18 % vol or less

0

2205 10 90

– –

Of an actual alcoholic strength by volume exceeding 18 % vol

0

2205 90

Other:

 

2205 90 10

– –

Of an actual alcoholic strength by volume of 18 % vol or less

0

2205 90 90

– –

Of an actual alcoholic strength by volume exceeding 18 % vol

0

2207

Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol and other spirits, denatured, of any strength

0

2208

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages:

0

2402 10 00

Cigars, cheroots and cigarillos, containing tobacco

0

2402 20

Cigarettes containing tobacco:

 

2402 20 10

– –

Containing cloves

0

2402 20 90

– –

Other

0

2402 90 00

Other

0

2403

Other manufactured tobacco and manufactured tobacco substitutes; homogenised or reconstituted tobacco; tobacco extracts and essences:

 

2403 10

Smoking tobacco, whether or not containing tobacco substitutes in any proportion

0

 

Other

 

2403 91 00

– –

‘Homogenised’ or ‘reconstituted’ tobacco

0

2403 99

– –

Other:

 

2403 99 10

– – –

Chewing tobacco and snuff

0

2403 99 90

– – –

Other

0

Table 2

CN code

Description

Applicable duties % (1)

0403

Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:

 

0403 10 51 to 99

– –

Yoghurt, flavoured or containing added fruit or cocoa

0 + EA

0403 90 71 to 99

– –

Other, flavoured or containing added fruit or cocoa

0 + EA

0405

Butter and other fats and oils derived from milk; dairy spreads:

 

0405 20

Dairy spreads:

 

0405 20 10

– –

Of a fat content, by weight, of 39 % or more but less than 60 %

0 + EA

0405 20 30

– –

Of a fat content, by weight, of 60 % or more but not exceeding 75 %:

0 + EA

0710 40 00

Sweet corn (uncooked or cooked by steaming or boiling in water), frozen

0 + EA

0711 90 30

Sweet corn provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solution), but unsuitable in that state for immediate consumption

0 + EA

ex 1517

Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 1516:

 

1517 10 10

Margarine, excluding liquid margarine, containing more than 10 % but not more than 15 % by weight of milk fats

0 + EA

1517 90 10

Other, containing more than 10 % but not more than 15 % by weight of milk fats

 

1702 50 00

Chemically pure fructose

0 + EA

ex 1704

Sugar confectionery (including white chocolate), not containing cocoa; excluding liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances, falling within CN code 1704 90 10

0 + EA

ex 1806

Chocolate and other food preparations containing cocoa other than those of CN code 1806 10 15

0 + EA

ex 1901

Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods Nos 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included, excluding preparations falling within CN code 1901 90 91 (2)

0 + EA

ex 1902

Pasta, excluding stuffed pasta falling within CN codes 1902 20 10 and 1902 20 30; couscous, whether or not prepared

0 + EA

1903

Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms

0 + EA

1904

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example cornflakes); cereals (other than maize (corn)), in grain form or in the form of flakes or other worked grains (except flour and meal), precooked or otherwise prepared, not elsewhere specified or included

0 + EA

1905

Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

0 + EA

2001 90 30

Sweet corn (Zea mays var. saccharata), prepared or preserved by vinegar or acetic acid

0 + EA

2001 90 40

Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, prepared or preserved by vinegar or acetic acid

0 + EA

2004 10 91

Potatoes in the form or flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid, frozen

0 + EA

2004 90 10

Sweet corn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, frozen

0 + EA

2005 20 10

Potatoes in the form or flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen

0 + EA

2005 80 00

Sweet corn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, not frozen

0 + EA

2008 99 85

Maize (corn), other than sweet corn (Zea mays var. saccharata) otherwise prepared or preserved, not containing added spirit or added sugar

0 + EA

2008 99 91

Yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch, otherwise prepared or preserved, not containing added spirit or added sugar

0 + EA

2101 12 98

Preparations with a basis of coffee

0 + EA

2101 20 98

Preparations with a basis of tea or maté

0 + EA

2101 30 19

Roasted coffee substitutes excluding roasted chicory

0 + EA

2101 30 99

Extracts, essences and concentrates of roasted coffee substitutes excluding those of roasted chicory

0 + EA

2105

Ice cream and other edible ice, whether or not containing cocoa

0 + EA

ex 2106

Food preparations not elsewhere specified or included other than those falling within CN codes 2106 10 20 and 2106 90 92 and other than flavoured or coloured sugar syrups

0 + EA

2202 90 91

2202 90 95

2202 90 99

Non-alcoholic beverages, not including fruit or vegetable juices of CN code 2009, containing products of CN code 0401 to 0404 or fat obtained from products of CN code 0401 to 0404

0 + EA

2905 43 00

Mannitol

0 + EA

2905 44

D-glucitol (sorbitol)

0 + EA

3302 10 29

Mixtures of odoriferous substances and mixtures; other preparations based on odoriferous substances

0 + EA

ex 3505 10

Dextrins and other modified starches, excluding esterified and etherified starches of CN code 3505 10 50

0 + EA

3505 20

Glues based on starches or on dextrins or other modified starches

0 + EA

3809 10

Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included

0 + EA

3824 60

Sorbitol other than that of CN code 2905 44

0 + EA

Table 3

CN code

Description of goods

Annual quota

(1 000 kg)

Applicable duties % (3)

ex 1704

Sugar confectionery (including white chocolate), not containing cocoa; excluding liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances, falling within CN code 1704 90 10

1 000

0 + (EA-30 %)

ex 1806

Chocolate and other food preparations containing cocoa other than those of CN code 1806 10 15

1 200

0 + (EA-30 %)

ex 1902

Pasta, excluding stuffed pasta falling within CN codes 1902 20 10 and 1902 20 30; couscous, whether or not prepared

1 500

0 + (EA-30 %)

1904

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example cornflakes); cereals other than maize (corn), in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked or otherwise prepared, not elsewhere specified or included (4)

1 000

0 + (EA-30 %)

1905

Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

1 200

0 + (EA-30 %)

2004 10 91

2005 20 10

Potatoes in the form or flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid (frozen or not).

1 800

0 + (EA-30 %)


(1)  EA: agricultural component as referred to in Regulation (EC) No 3448/93, as amended.

(2)  New definition from 1 January 1996.

(3)  EA: agricultural component as referred to in Regulation (EC) No 3448/93, as amended.

(4)  New definition from 1 January 1996.

PROTOCOL 4

Concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

CONTENTS

TITLE I —   GENERAL PROVISIONS

Article 1:

Definitions

TITLE II —   DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’

Article 2:

General requirements

Article 3:

Bilateral cumulation of origin

Article 4:

Diagonal cumulation of origin

Article 5:

Wholly obtained products

Article 6:

Sufficiently worked or processed products

Article 7:

Insufficient working or processing operations

Article 8:

Unit of qualification

Article 9:

Accessories, spare parts and tools

Article 10:

Sets

Article 11:

Neutral elements

TITLE III —   TERRITORIAL REQUIREMENTS

Article 12:

Principle of territoriality

Article 13:

Direct transport

Article 14:

Exhibitions

TITLE IV —   DRAWBACK OR EXEMPTION

Article 15:

Prohibition of drawback of, or exemption from, customs duties (amended)

TITLE V —   PROOF OF ORIGIN

Article 16:

General requirements

Article 17:

Procedure for the issue of a movement certificate EUR1

Article 18:

Movement certificates EUR1 issued retrospectively

Article 19:

Issue of a duplicate movement certificate EUR1

Article 20:

Issue of movement certificates EUR1 on the basis of a proof of origin issued or made out previously

Article 21:

Conditions for making out an invoice declaration

Article 22:

Approved exporter

Article 23:

Validity of proof of origin

Article 24:

Submission of proof of origin

Article 25:

Importation by instalments

Article 26:

Exemptions from proof of origin

Article 27:

Supporting documents

Article 28:

Preservation of proof of origin and supporting documents

Article 29:

Discrepancies and formal errors

Article 30:

Amounts expressed in euro

TITLE VI —   ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

Article 31:

Mutual assistance

Article 32:

Verification of proofs of origin

Article 33:

Dispute settlement

Article 34:

Penalties

Article 35:

Free zones

TITLE VII —   CEUTA AND MELILLA

Article 36:

Application of the Protocol

Article 37:

Special conditions

TITLE VIII —   FINAL PROVISIONS

Article 38:

Amendments to the Protocol

Article 39:

Implementation of the Protocol

Article 40:

Goods in transit or storage

ANNEXES

ANNEX I:

Introductory notes to the list in Annex II

ANNEX II:

List of working or processing required to be carried out on non-originating materials in order that the products manufactured can obtain originating status

ANNEX II(a)

List of working or processing required to be carried out on non-originating materials in order that the products manufactured referred to in Article 6(2) can obtain originating status

ANNEX III:

List of products originating in Turkey to which the provisions of Article 4 do not apply, listed in the order of Harmonised System Chapters and Headings

ANNEX IV:

Movement certificate EUR1 and application for a movement certificate EUR1

ANNEX V:

Invoice declaration

ANNEX VI:

Joint declarations

TITLE I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Protocol:

(a)

‘manufacture’ means any kind of working or processing including assembly or specific operations;

(b)

‘material’ means any ingredient, raw material, component or part, etc., used in the manufacture of the product;

(c)

‘product’ means the product being manufactured, even if it is intended for later use in another manufacturing operation;

(d)

‘goods’ means both materials and products;

(e)

‘customs value’ means the value as determined in accordance with the 1994 Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade (WTO Agreement on customs valuation);

(f)

‘ex-works price’ means the price paid for the product ex works to the manufacturer in the Community or Egypt in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the product obtained is exported;

(g)

‘value of materials’ means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the Community or Egypt;

(h)

‘value of originating materials’ means the value of such materials as defined in subparagraph (g) applied mutatis mutandis;

(i)

‘added value’ shall be taken to be the ex-works price minus the customs value of each of the products incorporated which did not originate in the country in which those products were obtained;

(j)

‘chapters’ and ‘headings’ mean the chapters and the headings (four-digit codes) used in the nomenclature which makes up the Harmonised Commodity Description and Coding System, referred to in this Protocol as ‘the Harmonised System’ or ‘HS’;

(k)

‘classified’ refers to the classification of a product or material under a particular heading;

(l)

‘consignment’ means products which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice;

(m)

‘territories’ includes territorial waters.

TITLE II

DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’

Article 2

General requirements

1.   For the purpose of implementing this Agreement, the following products shall be considered as originating in the Community:

(a)

products wholly obtained in the Community within the meaning of Article 5 of this Protocol;

(b)

products obtained in the Community incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the Community within the meaning of Article 6 of this Protocol.

2.   For the purpose of implementing this Agreement, the following products shall be considered as originating in Egypt:

(a)

products wholly obtained in Egypt within the meaning of Article 5 of this Protocol;

(b)

products obtained in Egypt incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in Egypt within the meaning of Article 6 of this Protocol.

Article 3

Bilateral cumulation of origin

1.   Materials originating in the Community shall be considered as materials originating in Egypt when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 7(1) of this Protocol.

2.   Materials originating in Egypt shall be considered as materials originating in the Community when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 7(1) of this Protocol.

Article 4

Diagonal cumulation of origin

1.   Subject to the provisions of paragraphs 2 and 3, materials originating in Algeria, Cyprus, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia, Turkey (1) or the West bank and the Gaza Strip, within the meaning of the Agreements between the Community and Egypt and these countries shall be considered as originating in the Community or Egypt when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing.

2.   Products which have acquired originating status by virtue of paragraph 1 shall only continue to be considered as products originating in the Community or Egypt when the value added there exceeds the value of the materials used originating in any one of the other countries referred to in paragraph 1. If this is not so, the products concerned shall be considered as originating in the country referred to in paragraph 1 which accounts for the highest value of originating materials used. In the allocation of origin, no account shall be taken of materials originating in the other countries referred to in paragraph 1 which have undergone sufficient working or processing in the Community or Egypt.

3.   The cumulation provided for in this Article may only be applied where the materials used have acquired the status of originating products by an application of rules of origin identical to the rules in this Protocol. The Community and Egypt shall provide each other, through the European Commission, with details of agreements and their corresponding rules of origin which have been concluded with the other countries referred to in paragraph 1.

4.   Once the requirements laid down in paragraph 3 have been fulfilled, and a date for the entry into force of these provisions has been agreed, each party shall fulfil its own notification and information obligations.

Article 5

Wholly obtained products

1.   The following shall be considered as wholly obtained in the Community or Egypt:

(a)

mineral products extracted from their soil or from their seabed;

(b)

vegetable products harvested there;

(c)

live animals born and raised there;

(d)

products from live animals raised there;

(e)

products obtained by hunting or fishing conducted there;

(f)

products of sea fishing and other products taken from the sea outside the territorial waters of the Community or Egypt by their vessels;

(g)

products made aboard their factory ships exclusively from products referred to in subparagraph (f);

(h)

used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or for use as waste;

(i)

waste and scrap resulting from manufacturing operations conducted there;

(j)

products extracted from marine soil or subsoil outside their territorial waters provided that they have sole rights to work that soil or subsoil;

(k)

goods produced there exclusively from the products specified in subparagraphs (a) to (j).

2.   The terms ‘their vessels’ and ‘their factory ships’ in paragraph 1(f) and (g) shall apply only to vessels and factory ships:

(a)

which are registered or recorded in an EC Member State or in Egypt;

(b)

which sail under the flag of an EC Member State or of Egypt;

(c)

which are owned to an extent of at least 50 % by nationals of EC Member States or of Egypt, or by a company with its head office in one of these States, of which the manager or managers, Chairman of the Board of Directors or the Supervisory Board, and the majority of the members of such boards are nationals of EC Member States or of Egypt and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to those States or to public bodies or nationals of the said States;

(d)

of which the master and officers are nationals of EC Member States or of Egypt; and

(e)

of which at least 75 % of the crew are nationals of EC Member States or of Egypt.

Article 6

Sufficiently worked or processed products

1.   For the purposes of Article 2, products which are not wholly obtained are considered to be sufficiently worked or processed when the conditions set out in the list in Annex II are fulfilled.

The conditions referred to above indicate, for all products covered by this Agreement, the working or processing which must be carried out on non-originating materials used in manufacturing and apply only in relation to such materials. Accordingly, it follows that if a product, which has acquired originating status by fulfilling the conditions set out in the list is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.

2.   Notwithstanding paragraph 1, the products which are not wholly obtained and listed in Annex II(a) are considered to be sufficiently worked or processed when the conditions set out in the list in Annex II(a) are fulfilled.

The provision of this paragraph shall apply for three years following the entry into force of the Agreement.

3.   Notwithstanding paragraph 1 and 2, non-originating materials which, according to the conditions set out in the list, should not be used in the manufacture of a product may nevertheless be used, provided that:

(a)

their total value does not exceed 10 % of the ex-works price of the product;

(b)

any of the percentages given in the list for the maximum value of non-originating materials are not exceeded through the application of this paragraph.

This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonised System.

4.   Paragraphs 1, 2 and 3 shall apply except as provided in Article 7.

Article 7

Insufficient working or processing operations

1.   Without prejudice to paragraph 2, the following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 6 are satisfied:

(a)

operations to ensure the preservation of products in good condition during transport and storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations);

(b)

simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, painting, cutting up;

(c)

(i)

changes of packaging and breaking up and assembly of packages;

(ii)

simple placing in bottles, flasks, bags, cases, boxes, fixing on cards or boards, etc., and all other simple packaging operations;

(d)

affixing marks, labels and other like distinguishing signs on products or their packaging;

(e)

simple mixing of products, whether or not of different kinds, where one or more components of the mixtures do not meet the conditions laid down in this Protocol to enable them to be considered as originating in the Community or Egypt;

(f)

simple assembly of parts to constitute a complete product;

(g)

a combination of two or more operations specified in subparagraphs (a) to (f);

(h)

slaughter of animals.

2.   All the operations carried out in either the Community or Egypt on a given product shall be considered together when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.

Article 8

Unit of qualification

1.   The unit of qualification for the application of the provisions of this Protocol shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonised System.

Accordingly, it follows that:

(a)

when a product composed of a group or assembly of articles is classified under the terms of the Harmonised System in a single heading, the whole constitutes the unit of qualification;

(b)

when a consignment consists of a number of identical products classified under the same heading of the Harmonised System, each product must be taken individually when applying the provisions of this Protocol.

2.   Where, under General Rule 5 of the Harmonised System, packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.

Article 9

Accessories, spare parts and tools

Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

Article 10

Sets

Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 % of the ex-works price of the set.

Article 11

Neutral elements

In order to determine whether a product originates, it shall not be necessary to determine the origin of the following which might be used in its manufacture:

(a)

energy and fuel;

(b)

plant and equipment;

(c)

machines and tools;

(d)

goods which do not enter and which are not intended to enter into the final composition of the product.

TITLE III

TERRITORIAL REQUIREMENTS

Article 12

Principle of territoriality

1.   The conditions set out in Title II relative to the acquisition of originating status must be fulfilled without interruption in the Community or Egypt, except as provided for in Article 4.

2.   If originating goods exported from the Community or Egypt to another country are returned, except in so far as provided for in Article 4 they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

(a)

the goods returned are the same goods as those exported; and

(b)

they have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.

Article 13

Direct transport

1.   The preferential treatment provided for under the Agreement applies only to products, satisfying the requirements of this Protocol, which are transported directly between the Community and Egypt or through the territories of the other countries referred to in Article 4. However, products constituting one single consignment may be transported through other territories with, should the occasion arise, transhipment or temporary warehousing in such territories, provided that they remain under the surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.

Originating products may be transported by pipeline across territory other than that of the Community or Egypt.

2.   Evidence that the conditions set out in paragraph 1 have been fulfilled shall be supplied to the customs authorities of the importing country by the production of:

(a)

a single transport document covering the passage from the exporting country through the country of transit; or

(b)

a certificate issued by the customs authorities of the country of transit:

(i)

giving an exact description of the products;

(ii)

stating the dates of unloading and reloading of the products and, where applicable, the names of the ships, or the other means of transport used; and

(iii)

certifying the conditions under which the products remained in the transit country; or

(c)

failing these, any substantiating documents.

Article 14

Exhibitions

1.   Originating products, sent for exhibition in a country other than those referred to in Article 4 and sold after the exhibition for importation in the Community or Egypt shall benefit on importation from the provisions of the Agreement provided it is shown to the satisfaction of the customs authorities that:

(a)

an exporter has consigned these products from the Community or Egypt to the country in which the exhibition is held and has exhibited them there;

(b)

the products have been sold or otherwise disposed of by that exporter to a person in the Community or Egypt;

(c)

the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition; and

(d)

the products have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition.

2.   A proof of origin must be issued or made out in accordance with the provisions of Title V and submitted to the customs authorities of the importing country in the normal manner. The name and address of the exhibition must be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required.

3.   Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.

TITLE IV

DRAWBACK OR EXEMPTION

Article 15

Prohibition of drawback of, or exemption from, customs duties

1.   Non-originating materials used in the manufacture of products originating in the Community, in Egypt or in one of the other countries referred to in Article 4 for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in the Community or Egypt to drawback of, or exemption from, customs duties of whatever kind.

2.   The prohibition in paragraph 1 shall apply to any arrangement for refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect, applicable in the Community or Egypt to materials used in the manufacture, where such refund, remission or non-payment applies, expressly or in effect, when products obtained from the said materials are exported and not when they are retained for home use there.

3.   The exporter of products covered by a proof of origin shall be prepared to submit at any time, upon request from the customs authorities, all appropriate documents proving that no drawback has been obtained in respect of the non-originating materials used in the manufacture of the products concerned and that all customs duties or charges having equivalent effect applicable to such materials have actually been paid.

4.   The provisions of paragraphs 1 to 3 shall also apply in respect of packaging within the meaning of Article 8(2), accessories, spare parts and tools within the meaning of Article 9 and products in a set within the meaning of Article 10 when such items are non-originating.

5.   The provisions of paragraphs 1 to 4 shall apply only in respect of materials which are of the kind to which the Agreement applies. Furthermore, they shall not preclude the application of an export refund system for agricultural products, applicable upon export in accordance with the provisions of the Agreement.

6.   The provisions of this Article shall not apply for six years following the entry into force of the Agreement.

7.   After the entry into force of the provisions of this Article and notwithstanding paragraph 1, Egypt may apply arrangements for drawback of, or exemption from, customs duties or charges having an equivalent effect, applicable to materials used in the manufacture of originating products, subject to the following provisions:

(a)

a 5 % rate of customs charge shall be retained in respect of products falling within Chapters 25 to 49 and 64 to 97 of the Harmonised System, or such lower rate as in force in Egypt;

(b)

a 10 % rate of customs charge shall be retained in respect of products falling within Chapters 50 to 63 of the Harmonised System, or such lower rate as in force in Egypt.

Before the end of the transitional period referred to in Article 6 of the Agreement, the provisions of this paragraph will be reviewed.

TITLE V

PROOF OF ORIGIN

Article 16

General requirements

1.   Products originating in the Community shall, on importation into Egypt and products originating in Egypt shall, on importation into the Community benefit from this Agreement upon submission of either:

(a)

a movement certificate EUR1, a specimen of which appears in Annex IV; or

(b)

in the cases specified in Article 21(1), a declaration, the text of which appears in Annex V, given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified (hereinafter referred to as the invoice declaration).

2.   Notwithstanding paragraph 1, originating products within the meaning of this Protocol shall, in the cases specified in Article 26, benefit from this Agreement without it being necessary to submit any of the documents referred to above.

Article 17

Procedure for the issue of a movement certificate EUR1

1.   A movement certificate EUR1 shall be issued by the customs authorities of the exporting country on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorised representative.

2.   For this purpose, the exporter or his authorised representative shall fill out both the movement certificate EUR1 and the application form, specimens of which appear in Annex IV. These forms shall be completed in one of the languages in which this Agreement is drawn up and in accordance with the provisions of the domestic law of the exporting country. If they are handwritten, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through.

3.   The exporter applying for the issue of a movement certificate EUR1 shall be prepared to submit at any time, at the request of the customs authorities of the exporting country where the movement certificate EUR1 is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol.

4.   A movement certificate EUR1 shall be issued by the customs authorities of an EC Member State or Egypt if the products concerned can be considered as products originating in the Community, Egypt or in one of the other countries referred to in Article 4 and fulfil the other requirements of this Protocol.

5.   The issuing customs authorities shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of this Protocol. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate. The issuing customs authorities shall also ensure that the forms referred to in paragraph 2 are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.

6.   The date of issue of the movement certificate EUR1 shall be indicated in box 11 of the certificate.

7.   A movement certificate EUR1 shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.

Article 18

Movement certificates EUR1 issued retrospectively

1.   Notwithstanding Article 17(7), a movement certificate EUR1 may exceptionally be issued after exportation of the products to which it relates if:

(a)

it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances; or

(b)

it is demonstrated to the satisfaction of the customs authorities that a movement certificate EUR1 was issued but was not accepted at importation for technical reasons.

2.   For the implementation of paragraph 1, the exporter must indicate in his application the place and date of exportation of the products to which the movement certificate EUR1 relates, and state the reasons for his request.

3.   The customs authorities may issue a movement certificate EUR1 retrospectively only after verifying that the information supplied in the exporter's application agrees with that in the corresponding file.

4.   Movement certificates EUR1 issued retrospectively must be endorsed with one of the following phrases:

‘NACHTRÄGLICH AUSGESTELLT’, ‘DELIVRE A POSTERIORI’, ‘RILASCIATO A POSTERIORI’, ‘AFGEGEVEN A POSTERIORI’, ‘ISSUED RETROSPECTIVELY’, ‘UDSTEDT EFTERFØLGENDE’, ‘ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ’, ‘EXPEDIDO A POSTERIORI’, ‘EMITIDO A POSTERIORI’, ‘ANNETTU JÄLKIKÄTEEN’, ‘UTFÄRDAT I EFTERHAND’, ‘Arabic version’.

5.   The endorsement referred to in paragraph 4 shall be inserted in the ‘Remarks’ box of the movement certificate EUR1.

Article 19

Issue of a duplicate movement certificate EUR1

1.   In the event of theft, loss or destruction of a movement certificate EUR1, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession.

2.   The duplicate issued in this way must be endorsed with one of the following words:

‘DUPLIKAT’, ‘DUPLICATA’, ‘DUPLICATO’, ‘DUPLICAAT’, ‘DUPLICATE’, ‘ΑΝΤΙΓΡΑΦΟ’, ‘DUPLICADO’, ‘SEGUNDA VIA’, ‘KAKSOISKAPPALE’, ‘Arabic version’.

3.   The endorsement referred to in paragraph 2 shall be inserted in the ‘Remarks’ box of the duplicate movement certificate EUR1.

4.   The duplicate, which must bear the date of issue of the original movement certificate EUR1, shall take effect as from that date.

Article 20

Issue of movement certificates EUR1 on the basis of a proof of origin issued or made out previously

When originating products are placed under the control of a customs office in the Community or Egypt, it shall be possible to replace the original proof of origin by one or more movement certificates EUR1 for the purpose of sending all or some of these products elsewhere within the Community or Egypt. The replacement movement certificate(s) EUR1 shall be issued by the customs office under whose control the products are placed.

Article 21

Conditions for making out an invoice declaration

1.   An invoice declaration as referred to in Article 16(1)(b) may be made out:

(a)

by an approved exporter within the meaning of Article 22, or

(b)

by any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed EUR 6 000.

2.   An invoice declaration may be made out if the products concerned can be considered as products originating in the Community, Egypt or in one of the other countries referred to in Article 4 and fulfil the other requirements of this Protocol.

3.   The exporter making out an invoice declaration shall be prepared to submit at any time, at the request of the customs authorities of the exporting country, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol.

4.   An invoice declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annex V, using one of the linguistic versions set out in that Annex and in accordance with the provisions of the domestic law of the exporting country. If the declaration is handwritten, it shall be written in ink in printed characters.

5.   Invoice declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 22 shall not be required to sign such declarations provided that he gives the customs authorities of the exporting country a written undertaking that he accepts full responsibility for any invoice declaration which identifies him as if it had been signed in manuscript by him.

6.   An invoice declaration may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that it is presented in the importing country no longer than two years after the importation of the products to which it relates.

Article 22

Approved exporter

1.   The customs authorities of the exporting country may authorise any exporter who makes frequent shipments of products under this Agreement to make out invoice declarations irrespective of the value of the products concerned. An exporter seeking such authorisation must offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Protocol.

2.   The customs authorities may grant the status of approved exporter subject to any conditions which they consider appropriate.

3.   The customs authorities shall grant to the approved exporter a customs authorisation number which shall appear on the invoice declaration.

4.   The customs authorities shall monitor the use of the authorisation by the approved exporter.

5.   The customs authorities may withdraw the authorisation at any time. They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, does not fulfil the conditions referred to in paragraph 2 or otherwise makes an incorrect use of the authorisation.

Article 23

Validity of proof of origin

1.   A proof of origin shall be valid for four months from the date of issue in the exporting country, and must be submitted within the said period to the customs authorities of the importing country.

2.   Proofs of origin which are submitted to the customs authorities of the importing country after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit these documents by the final date set is due to exceptional circumstances.

3.   In other cases of belated presentation, the customs authorities of the importing country may accept the proofs of origin where the products have been submitted before the said final date.

Article 24

Submission of proof of origin

Proofs of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. The said authorities may require a translation of a proof of origin and may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for the implementation of the Agreement.

Article 25

Importation by instalments

Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonised System falling within Sections XVI and XVII or headings 7308 and 9406 of the Harmonised System are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.

Article 26

Exemptions from proof of origin

1.   Products sent as small packages from private persons to private persons or forming part of travellers' personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Protocol and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on the customs declaration CN22/CN23 or on a sheet of paper annexed to that document.

2.   Imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the products that no commercial purpose is in view.

3.   Furthermore, the total value of these products shall not exceed EUR 500 in the case of small packages or EUR 1 200 in the case of products forming part of travellers' personal luggage.

Article 27

Supporting documents

The documents referred to in Articles 17(3) and 21(3) used for the purpose of proving that products covered by a movement certificate EUR1 or an invoice declaration can be considered as products originating in the Community, Egypt or in one of the other countries referred to in Article 4 and fulfil the other requirements of this Protocol may consist, inter alia, of the following:

(a)

direct evidence of the processes carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal bookkeeping;

(b)

documents proving the originating status of materials used, issued or made out in the Community or Egypt where these documents are used in accordance with domestic law;

(c)

documents proving the working or processing of materials in the Community or Egypt, issued or made out in the Community or Egypt, where these documents are used in accordance with domestic law;

(d)

movement certificates EUR1 or invoice declarations proving the originating status of materials used, issued or made out in the Community or Egypt in accordance with this Protocol, or in one of the other countries referred to in Article 4, in accordance with rules of origin which are identical to the rules in this Protocol.

Article 28

Preservation of proof of origin and supporting documents

1.   The exporter applying for the issue of a movement certificate EUR1 shall keep for at least three years the documents referred to in Article 17(3).

2.   The exporter making out an invoice declaration shall keep for at least three years a copy of this invoice declaration as well as the documents referred to in Article 21(3).

3.   The customs authorities of the exporting country issuing a movement certificate EUR1 shall keep for at least three years the application form referred to in Article 17(2).

4.   The customs authorities of the importing country shall keep for at least three years the movement certificates EUR1 and the invoice declarations submitted to them.

Article 29

Discrepancies and formal errors

1.   The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not, ipso facto, render the proof of origin null and void if it is duly established that this document does correspond to the products submitted.

2.   Obvious formal errors such as typing errors on a proof of origin should not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in this document.

Article 30

Amounts expressed in euro

1.   Amounts in the national currency of the exporting country equivalent to the amounts expressed in euro shall be fixed by the exporting country and communicated to the importing countries through the European Commission.

2.   When the amounts exceed the corresponding amounts fixed by the importing country, the latter shall accept them if the products are invoiced in the currency of the exporting country. When the products are invoiced in the currency of an EC Member State or another country referred to in Article 4, the importing country shall recognise the amount notified by the country concerned.

3.   The amounts to be used in any given national currency shall be the equivalent in that national currency of the amounts expressed in euro as at the first working day in October 1999.

4.   The amounts expressed in euro and their equivalents in the national currencies of EC Member States and Egypt shall be reviewed by the Association Committee at the request of the Community or Egypt. When carrying out this review, the Association Committee shall ensure that there will be no decrease in the amounts to be used in national currency and shall furthermore consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euro.

TITLE VI

ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

Article 31

Mutual assistance

1.   The customs authorities of the EC Member States and of Egypt shall provide each other, through the European Commission, with specimen impressions of stamps used in their customs offices for the issue of movement certificates EUR1 and with the addresses of the customs authorities responsible for verifying those certificates and invoice declarations.

2.   In order to ensure the proper application of this Protocol, the Community and Egypt shall assist each other, through the competent customs administrations, in checking the authenticity of the movement certificates EUR1 or the invoice declarations and the correctness of the information given in these documents.

Article 32

Verification of proofs of origin

1.   Subsequent verifications of proofs of origin shall be carried out at random or whenever the customs authorities of the importing country have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Protocol.

2.   For the purposes of implementing the provisions of paragraph 1, the customs authorities of the importing country shall return the movement certificate EUR1 and the invoice, if it has been submitted, the invoice declaration, or a copy of these documents, to the customs authorities of the exporting country giving, where appropriate, the reasons for the enquiry. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.

3.   The verification shall be carried out by the customs authorities of the exporting country. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate.

4.   If the customs authorities of the importing country decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.

5.   The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible. These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in the Community, Egypt or one of the other countries referred to in Article 4 and fulfil the other requirements of this Protocol.

6.   If in cases of reasonable doubt there is no reply within 10 months of the date of the verification request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.

Article 33

Dispute settlement

Where disputes arise in relation to the verification procedures of Article 32 which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out this verification or where they raise a question as to the interpretation of this Protocol, they shall be submitted to the Association Committee.

In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall be under the legislation of the said country.

Article 34

Penalties

Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.

Article 35

Free zones

1.   The Community and Egypt shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

2.   By means of an exemption to the provisions contained in paragraph 1, when products originating in the Community or Egypt are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new EUR1 certificate at the exporter's request, if the treatment or processing undergone is in conformity with the provisions of this Protocol.

TITLE VII

CEUTA AND MELILLA

Article 36

Application of the Protocol

1.   The term ‘Community’ used in Article 2 does not cover Ceuta and Melilla.

2.   Products originating in Egypt, when imported into Ceuta or Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the Community under Protocol 2 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities. Egypt shall grant to imports of products covered by the Agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the Community.

3.   For the purpose of the application of paragraph 2 concerning products originating in Ceuta and Melilla, this Protocol shall apply, mutatis mutandis, subject to the special conditions set out in Article 37.

Article 37

Special conditions

1.   Providing they have been transported directly in accordance with the provisions of Article 13, the following shall be considered as:

1.

products originating in Ceuta and Melilla:

(a)

products wholly obtained in Ceuta and Melilla;

(b)

products obtained in Ceuta and Melilla in the manufacture of which products other than those referred to in (a) are used, provided that:

(i)

the said products have undergone sufficient working or processing within the meaning of Article 6 of this Protocol; or that

(ii)

those products are originating in Egypt or the Community within the meaning of this Protocol, provided that they have been submitted to working or processing which goes beyond the insufficient working or processing referred to in Article 7(1).

2.

products originating in Egypt:

(a)

products wholly obtained in Egypt;

(b)

products obtained in Egypt, in the manufacture of which products other than those referred to in (a) are used, provided that:

(i)

the said products have undergone sufficient working or processing within the meaning of Article 6 of this Protocol; or that

(ii)

those products are originating in Ceuta and Melilla or the Community within the meaning of this Protocol, provided that they have been submitted to working or processing which goes beyond the insufficient working or processing referred to in Article 7(1).

2.   Ceuta and Melilla shall be considered as a single territory.

3.   The exporter or his authorised representative shall enter ‘Egypt’ and ‘Ceuta and Melilla’ in box 2 of movement certificates EUR1 or on invoice declarations. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in box 4 of movement certificates EUR1 or on invoice declarations.

4.   The Spanish customs authorities shall be responsible for the application of this Protocol in Ceuta and Melilla.

TITLE VIII

FINAL PROVISIONS

Article 38

Amendments to the Protocol

The Association Council may decide to amend the provisions of this Protocol.

Article 39

Implementation of the Protocol

The Community and Egypt shall each take the steps necessary to implement this Protocol.

Article 40

Goods in transit or storage

The provisions of the Agreement may be applied to goods which comply with the provisions of this Protocol and which on the date of entry into force of the Agreement are either in transit or are in the Community or in Egypt or, in temporary storage in bonded warehouses or in free zones, subject to the submission to the customs authorities of the importing State, within four months of that date, of a certificate EUR1 issued retrospectively by the competent authorities of the exporting State together with the documents showing that the goods have been transported directly.


(1)  Cumulation as provided for in this Article does not apply to materials originating in Turkey which are mentioned in the list at Annex III to this Protocol.

ANNEX I TO PROTOCOL 4

Introductory notes to the list in Annex II

Note 1

The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 6 of the Protocol.

Note 2

1.

The first two columns in the list describe the product obtained. The first column gives the heading number or chapter number used in the Harmonised System and the second column gives the description of goods used in that system for that heading or chapter. For each entry in the first two columns a rule is specified in columns 3 or 4. Where, in some cases, the entry in the first column is preceded by an ‘ex’, this signifies that the rules in columns 3 or 4 apply only to the part of that heading as described in column 2.

2.

Where several heading numbers are grouped together in column 1 or a chapter number is given and the description of products in column 2 is therefore given in general terms, the adjacent rules in columns 3 or 4 apply to all products which, under the Harmonised System, are classified in headings of the chapter or in any of the headings grouped together in column 1.

3.

Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in columns 3 or 4.

4.

Where, for an entry in the first two columns, a rule is specified in both columns 3 and 4, the exporter may opt, as an alternative, to apply either the rule set out in column 3 or that set out in column 4. If no origin rule is given in column 4, the rule set out in column 3 has to be applied.

Note 3

5.

The provisions of Article 6 of the Protocol concerning products having acquired originating status which are used in the manufacture of other products apply regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the Community or in Egypt.

Example:

An engine of heading 8407, for which the rule states that the value of the non-originating materials which may be incorporated may not exceed 40 % of the ex-works price, is made from ‘other alloy steel roughly shaped by forging’ of heading ex 7224.

If this forging has been forged in the Community from a non-originating ingot, it has already acquired originating status by virtue of the rule for heading ex 7224 in the list. The forging can then count as originating in the value calculation for the engine regardless of whether it was produced in the same factory or in another factory in the Community. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.

6.

The rule in the list represents the minimum amount of working or processing required and the carrying out of more working or processing also confers originating status; conversely, the carrying out of less working or processing cannot confer originating status. Thus if a rule provides that non-originating material at a certain level of manufacture may be used, the use of such material at an earlier stage of manufacture is allowed and the use of such material at a later stage is not.

7.

Without prejudice to Note 3.2 where a rule states that ‘materials of any heading’ may be used, materials of the same heading as the product may also be used, subject, however, to any specific limitations which may also be contained in the rule. However, the expression ‘manufacture from materials of any heading, including other materials of heading ...’ means that only materials classified in the same heading as the product of a different description than that of the product as given in column 2 of the list may be used.

8.

When a rule in the list specifies that a product may be manufactured from more than one material, this means that any one or more materials may be used. It does not require that all be used.

Example:

The rule for fabrics of headings 5208 to 5212 provides that natural fibres may be used and that chemical materials, among other materials, may also be used. This does not mean that both have to be used; it is possible to use one or the other or both.

9.

Where a rule in the list specifies that a product must be manufactured from a particular material, the condition obviously does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule. (See also Note 6.2 below in relation to textiles).

Example:

The rule for prepared foods of heading 1904 which specifically excludes the use of cereals and their derivatives does not prevent the use of mineral salts, chemicals and other additives which are not products from cereals.

However, this does not apply to products which, although they cannot be manufactured from the particular materials specified in the list, can be produced from a material of the same nature at an earlier stage of manufacture.

Example:

In the case of an article of apparel of ex Chapter 62 made from non-woven materials, if the use of only non-originating yarn is allowed for this class of article, it is not possible to start from non-woven cloth — even if non-woven cloth cannot normally be made from yarn. In such cases, the starting material would normally be at the stage before yarn — that is the fibre stage.

10.

Where, in a rule in the list, two percentages are given for the maximum value of non-originating materials that can be used, then these percentages may not be added together. In other words, the maximum value of all the non-originating materials used may never exceed the highest of the percentages given. Furthermore, the individual percentages must not be exceeded in relation to the particular materials they apply to.

Note 4

11.

The term ‘natural fibres’ is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres that have been carded, combed or otherwise processed but not spun.

12.

The term ‘natural fibres’ includes horsehair of heading 0503, silk of headings 5002 and 5003 as well as the wool fibres, fine or coarse animal hair of headings 5101 to 5105, the cotton fibres of headings 5201 to 5203 and the other vegetable fibres of headings 5301 to 5305.

13.

The terms ‘textile pulp’, ‘chemical materials’ and ‘paper-making materials’ are used in the list to describe the materials not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.

14.

The term ‘man-made staple fibres’ is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings 5501 to 5507.

Note 5

15.

Where for a given product in the list a reference is made to this note, the conditions set out in column 3 shall not be applied to any basic textile materials, used in the manufacture of this product, which, taken together, represent 10 % or less of the total weight of all the basic textile materials used. (See also Notes 5.3 and 5.4 below).

16.

However, the tolerance mentioned in Note 5.1 may only be applied to mixed products which have been made from two or more basic textile materials.

The following are the basic textile materials:

silk,

wool,

coarse animal hair,

fine animal hair,

horsehair,

cotton,

paper-making materials and paper,

flax,

true hemp,

jute and other textile bast fibres,

sisal and other textile fibres of the genus Agave,

coconut, abaca, ramie and other vegetable textile fibres,

synthetic man-made filaments,

artificial man-made filaments,

synthetic man-made staple fibres of polypropylene,

synthetic man-made staple fibres of polyester,

synthetic man-made staple fibres of polyamide,

synthetic man-made staple fibres of polyacrylonitrile,

synthetic man-made staple fibres of polyimide,

synthetic man-made staple fibres of polytetrafluoroethylene,

synthetic man-made staple fibres of polyphenylene sulphide,

synthetic man-made staple fibres of polyvinyl chloride,

other synthetic man-made staple fibres,

artificial man-made staple fibres of viscose,

other artificial man-made staple fibres,

yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped,

yarn made of polyurethane segmented with flexible segments of polyester whether or not gimped,

products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film,

other products of heading 5605.

Example:

A yarn of heading 5205 made from cotton fibres of heading 5203 and synthetic staple fibres of heading 5506 is a mixed yarn. Therefore, non-originating synthetic staple fibres that do not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) may be used up to a weight of 10 % of the yarn.

Example:

A woollen fabric of heading 5112 made from woollen yarn of heading 5107 and synthetic yarn of staple fibres of heading 5509 is a mixed fabric. Therefore synthetic yarn which does not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) or woollen yarn that does not satisfy the origin rules (which require manufacture from natural fibres, not carded or combed or otherwise prepared for spinning) or a combination of the two may be used provided their total weight does not exceed 10 % of the weight of the fabric.

Example:

Tufted textile fabric of heading 5802 made from cotton yarn of heading 5205 and cotton fabric of heading 5210 is only a mixed product if the cotton fabric is itself a mixed fabric being made from yarns classified in two separate headings or if the cotton yarns used are themselves mixtures.

Example:

If the tufted textile fabric concerned had been made from cotton yarn of heading 5205 and synthetic fabric of heading 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is accordingly a mixed product.

Example:

A carpet with tufts made from both artificial yarns and cotton yarns and with a jute backing is a mixed product because three basic textile materials are used. Thus, any non-originating materials that are at a later stage of manufacture than the rule allows may be used, provided their total weight does not exceed 10 % of the weight of the textile materials of the carpet. Thus, both the jute backing and/or the artificial yarns could be imported at that stage of manufacture, provided the weight conditions are met.

17.

In the case of products incorporating ‘yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped’ this tolerance is 20 % in respect of this yarn.

18.

In the case of products incorporating ‘strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of an adhesive between two layers of plastic film’, this tolerance is 30 % in respect of this strip.

Note 6

19.

In the case of those textile products which are marked in the list by a footnote referring to this note, textile materials, with the exception of linings and interlinings, which do not satisfy the rule set out in the list in column 3 for the made-up product concerned may be used provided that they are classified in a heading other than that of the product and that their value does not exceed 8 % of the ex-works price of the product.

20.

Without prejudice to Note 6.3, materials which are not classified within Chapters 50 to 63 may be used freely in the manufacture of textile products, whether or not they contain textiles.

Example:

If a rule in the list provides that for a particular textile item, such as trousers, yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners even though slide-fasteners normally contain textiles.

21.

Where a percentage rule applies, the value of materials which are not classified within Chapters 50 to 63 must be taken into account when calculating the value of the non-originating materials incorporated.

Note 7

22.

For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, the ‘specific processes’ are the following:

(a)

vacuum distillation;

(b)

redistillation by a very thorough fractionation process (1);

(c)

cracking;

(d)

reforming;

(e)

extraction by means of selective solvents;

(f)

the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolorisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;

(g)

polymerisation;

(h)

alkylation;

(i)

isomerisation.

23.

For the purposes of headings 2710, 2711 and 2712, the ‘specific processes’ are the following:

(a)

vacuum distillation;

(b)

redistillation by a very thorough fractionation process (1);

(c)

cracking;

(d)

reforming;

(e)

extraction by means of selective solvents;

(f)

the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;

(g)

polymerisation;

(h)

alkylation;

(ij)

isomerisation;

(k)

in respect of heavy oils falling within heading ex 2710 only, desulphurisation with hydrogen resulting in a reduction of at least 85 % of the sulphur content of the products processed (ASTM D 1266-59 T method);

(l)

in respect of products falling within heading 2710 only, deparaffining by a process other than filtering;

(m)

in respect of heavy oils falling within heading ex 2710 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250 oC with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment with hydrogen of lubricating oils of heading ex 2710 (e.g. hydrofinishing or decolourisation) in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;

(n)

in respect of fuel oils falling within heading ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 oC by the ASTM D 86 method;

(o)

in respect of heavy oils other than gas oils and fuel oils falling within heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.

24.

For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, simple operations such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur contents, any combination of these operations or like operations do not confer origin.


(1)  Cumulation as provided for in this Article does not apply to materials originating in Turkey which are mentioned in the list at Annex III to this Protocol.

ANNEX II TO PROTOCOL 4

List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status

The products mentioned in the list may not all be covered by the Agreement.

It is therefore necessary to consult the other parts of the Agreement

HS heading

Description of product

Working or processing carried out on non–originating materials that confers originating status

(1)

(2)

(3) or (4)

Chapter 01

Live animals

All the animals of Chapter 1 used must be wholly obtained

 

Chapter 02

Meat and edible meat offal

Manufacture in which all the materials of Chapters 1 and 2 used must be wholly obtained

 

Chapter 03

Fish and crustaceans, molluscs and other aquatic invertebrates

Manufacture in which all the materials of Chapter 3 used must be wholly obtained

 

ex Chapter 04

Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included; except for:

Manufacture in which all the materials of Chapter 4 used must be wholly obtained

 

0403

Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa

Manufacture in which:

all the materials of Chapter 4 used must be wholly obtained,

any fruit juice (except those of pineapple, lime or grapefruit) of heading 2009 used must already be originating,

the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

 

ex Chapter 05

Products of animal origin, not elsewhere specified or included; except for:

Manufacture in which all the materials of Chapter 5 used must be wholly obtained

 

ex 0502

Prepared pigs', hogs' or boars' bristles and hair

Cleaning, disinfecting, sorting and straightening of bristles and hair

 

Chapter 06

Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage

Manufacture in which:

all the materials of Chapter 6 used must be wholly obtained,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

Chapter 07

Edible vegetables and certain roots and tubers

Manufacture in which all the materials of Chapter 7 used must be wholly obtained

 

Chapter 08

Edible fruit and nuts; peel of citrus fruits or melons

Manufacture in which:

all the fruit and nuts used must be wholly obtained,

the value of any materials of Chapter 17 used does not exceed 30 % of the value of the ex-works price of the product

 

ex Chapter 09

Coffee, tea, maté and spices; except for:

Manufacture in which all the materials of Chapter 9 used must be wholly obtained

 

0901

Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion

Manufacture from materials of any heading

 

0902

Tea, whether or not flavoured

Manufacture from materials of any heading

 

ex 0910

Mixtures of spices

Manufacture from materials of any heading

 

Chapter 10

Cereals

Manufacture in which all the materials of Chapter 10 used must be wholly obtained

 

ex Chapter 11

Products of the milling industry; malt; starches; inulin; wheat gluten; except for:

Manufacture in which all the cereals, edible vegetables, roots and tubers of heading 0714 or fruit used must be wholly obtained

 

ex 1106

Flour, meal and powder of the dried, shelled leguminous vegetables of heading 0713

Drying and milling of leguminous vegetables of heading 0708

 

Chapter 12

Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder

Manufacture in which all the materials of Chapter 12 used must be wholly obtained

 

1301

Lac; natural gums, resins, gum–resins and oleoresins (for example, balsams)

Manufacture in which the value of any materials of heading 1301 used may not exceed 50 % of the ex-works price of the product

 

1302

Vegetable saps and extracts; pectic substances, pectinates and pectates; agar–agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:

 

 

 

Mucilages and thickeners, modified, derived from vegetable products

Manufacture from non-modified mucilages and thickeners

 

 

Other

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

Chapter 14

Vegetable plaiting materials; vegetable products not elsewhere specified or included

Manufacture in which all the materials of Chapter 14 used must be wholly obtained

 

ex Chapter 15

Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animals or vegetable waxes; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

1501

Pig fat (including lard) and poultry fat, other than that of heading 0209 or 1503:

 

 

 

Fats from bones or waste

Manufacture from materials of any heading except those of headings 0203, 0206 or 0207 or bones of heading 0506

 

 

Other

Manufacture from meat or edible offal of swine of heading 0203 or 0206 or of meat and edible offal of poultry of heading 0207

 

1502

Fats of bovine animals, sheep or goats, other than those of heading 1503

 

 

 

Fats from bones or waste

Manufacture from materials of any heading except those of headings 0201, 0202, 0204 or 0206 or bones of heading 0506

 

 

Other

Manufacture in which all the materials of Chapter 2 used must be wholly obtained

 

1504

Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified:

 

 

 

Solid fractions

Manufacture from materials of any heading including other materials of heading 1504

 

 

Other

Manufacture in which all the materials of Chapters 2 and 3 used must be wholly obtained

 

ex 1505

Refined lanolin

Manufacture from crude wool grease of heading 1505

 

1506

Other animals fats and oils and their fractions, whether or not refined, but not chemically modified:

 

 

 

Solid fractions

Manufacture from materials of any heading including other materials of heading 1506

 

 

Other

Manufacture in which all the materials of Chapter 2 used must be wholly obtained

 

1507 to 1515

Vegetable oils and their fractions:

 

 

 

Soya, ground nut, palm, copra, palm kernel, babassu, tung and oiticica oil, myrtle wax and Japan wax, fractions of jojoba oil and oils for technical or industrial uses other than the manufacture of foodstuffs for human consumption

Manufacture in which all the materials used are classified within a heading other than that of the product

 

 

Solid fractions, except for that of jojoba oil

Manufacture from other materials of headings 1507 to 1515

 

 

Other

Manufacture in which all the vegetable materials used must be wholly obtained

 

1516

Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter–esterified, re–esterified or elaidinised, whether or not refined, but not further prepared

Manufacture in which:

all the materials of Chapter 2 used must be wholly obtained,

all the vegetable materials used must be wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used

 

1517

Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 1516

Manufacture in which:

all the materials of Chapters 2 and 4 used must be wholly obtained,

all the vegetable materials used must be wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used

 

Chapter 16

Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates

Manufacture from animals of Chapter 1. All the materials of Chapter 3 used must be wholly obtained

 

ex Chapter 17

Sugars and sugar confectionery; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 1701

Cane or beet sugar and chemically pure sucrose, in solid form, flavoured or coloured

Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

 

1702

Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:

 

 

 

Chemically pure maltose and fructose

Manufacture from materials of any heading including other materials of heading 1702

 

 

Other sugars in solid form, flavoured or coloured

Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

 

 

Other

Manufacture in which all the materials used must already be originating

 

ex 1703

Molasses resulting from the extraction or refining of sugar, flavoured or coloured

Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

 

1704

Sugar confectionery (including white chocolate), not containing cocoa

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

 

Chapter 18

Cocoa and cocoa preparations

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

 

1901

Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:

 

 

 

Malt extract

Manufacture from cereals of Chapter 10

 

 

Other

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

 

1902

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared:

 

 

 

Containing 20 % or less by weight of meat, meat offal, fish, crustaceans or molluscs

Manufacture in which all the cereals and derivatives (except durum wheat and its derivatives) used must be wholly obtained

 

 

Containing more than 20 % by weight of meat, meat offal, fish, crustaceans or molluscs

Manufacture in which:

all cereals and derivatives (except durum wheat and its derivatives) used must be wholly obtained,

all the materials of Chapters 2 and 3 used must be wholly obtained

 

1903

Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms

Manufacture from materials of any heading except potato starch of heading 1108

 

1904

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included

Manufacture:

from materials not classified within heading 1806,

in which all the cereals and flour (except durum wheat and its derivates) used must be wholly obtained,

in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

 

1905

Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

Manufacture from materials of any heading except those of Chapter 11

 

ex Chapter 20

Preparations of vegetables, fruit, nuts or other parts of plants; except for:

Manufacture in which all the fruit, nuts or vegetables used must be wholly obtained

 

ex 2001

Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, prepared or preserved by vinegar or acetic acid

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 2004 and

ex 2005

Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid

Manufacture in which all the materials used are classified within a heading other than that of the product

 

2006

Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised)

Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

 

2007

Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, being cooked preparations, whether or not containing added sugar or other sweetening matter

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

 

ex 2008

Nuts, not containing added sugar or spirit

Manufacture in which the value of the originating nuts and oil seeds of headings 0801, 0802 and 1202 to 1207 used exceeds 60 % of the ex-works price of the product

 

 

Peanut butter; mixtures based on cereals; palm hearts; maize (corn)

Manufacture in which all the materials used are classified within a heading other than that of the product

 

 

Other except for fruit and nuts cooked otherwise than by steaming or boiling in water, not containing added sugar, frozen

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

 

2009

Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

 

ex Chapter 21

Miscellaneous edible preparations; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

2101

Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

all the chicory used must be wholly obtained

 

2103

Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:

 

 

 

Sauces and preparations therefor; mixed condiments and mixed seasonings

Manufacture in which all the materials used are classified within a heading other than that of the product. However, mustard flour or meal or prepared mustard may be used

 

 

Mustard flour and meal and prepared mustard

Manufacture from materials of any heading

 

ex 2104

Soups and broths and preparations therefor

Manufacture from materials of any heading except prepared or preserved vegetables of headings 2002 to 2005

 

2106

Food preparations not elsewhere specified or included

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

 

ex Chapter 22

Beverages, spirits and vinegar; except for:

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

all the grapes or any material derived from grapes used must be wholly obtained

 

2202

Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product,

any fruit juice used (except for pineapple, lime and grapefruit juices) must already be originating

 

2208

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages

Manufacture:

from materials not classified within headings 2207 or 2208,

in which all the grapes or any material derived from grapes used must be wholly obtained or if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume

 

ex Chapter 23

Residues and waste from the food industries; prepared animal fodder; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 2301

Whale meal; flours, meals and pellets of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption

Manufacture in which all the materials of Chapters 2 and 3 used must be wholly obtained

 

ex 2303

Residues from the manufacture of starch from maize (excluding concentrated steeping liquors), of a protein content, calculated on the dry product, exceeding 40 % by weight

Manufacture in which all the maize used must be wholly obtained

 

ex 2306

Oil cake and other solid residues resulting from the extraction of olive oil, containing more than 3 % of olive oil

Manufacture in which all the olives used must be wholly obtained

 

2309

Preparations of a kind used in animal feeding

Manufacture in which:

all the cereals, sugar or molasses, meat or milk used must already be originating,

all the materials of Chapter 3 used must be wholly obtained

 

ex Chapter 24

Tobacco and manufactured tobacco substitutes; except for:

Manufacture in which all the materials of Chapter 24 used must be wholly obtained

 

2402

Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes

Manufacture in which at least 70 % by weight of the unmanufactured tobacco or tobacco refuse of heading 2401 used must already be originating

 

ex 2403

Smoking tobacco

Manufacture in which at least 70 % by weight of the unmanufactured tobacco or tobacco refuse of heading 2401 used must already be originating

 

ex Chapter 25

Salt; sulphur; earths and stone; plastering materials, lime and cement; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 2504

Natural crystalline graphite, with enriched carbon content, purified and ground

Enriching of the carbon content, purifying and grinding of crude crystalline graphite

 

ex 2515

Marble, merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape, of a thickness not exceeding 25 cm

Cutting, by sawing or otherwise, of marble (even if already sawn) of a thickness exceeding 25 cm

 

ex 2516

Granite, porphyry, basalt, sandstone and other monumental and building stone, merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape, of a thickness not exceeding 25 cm

Cutting, by sawing or otherwise, of stone (even if already sawn) of a thickness exceeding 25 cm

 

ex 2518

Calcined dolomite

Calcination of dolomite not calcined

 

ex 2519

Crushed natural magnesium carbonate (magnesite), in hermetically–sealed containers, and magnesium oxide, whether or not pure, other than fused magnesia or dead–burned (sintered) magnesia

Manufacture in which all the materials used are classified within a heading other than that of the product. However, natural magnesium carbonate (magnesite) may be used

 

ex 2520

Plasters specially prepared for dentistry

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

ex 2524

Natural asbestos fibres

Manufacture from asbestos concentrate

 

ex 2525

Mica powder

Grinding of mica or mica waste

 

ex 2530

Earth colours, calcined or powdered

Calcination or grinding of earth colours

 

Chapter 26

Ores, slag and ash

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex Chapter 27

Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 2707

Oils in which the weight of the aromatic constituents exceeds that of the non–aromatic constituents, being oils similar to mineral oils obtained by distillation of high temperature coal tar, of which more than 65 % by volume distils at a temperature of up to 250 oC (including mixtures of petroleum spirit and benzole), for use as power or heating fuels

Operations of refining and/or one or more specific process(es) (1)

or

Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

 

ex 2709

Crude oils obtained from bituminous minerals

Destructive distillation of bituminous materials

 

2710

Petroleum oils and oils obtained from bituminous materials, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous materials, these oils being the basic constituents of the preparations

Operations of refining and/or one or more specific process(es) (1)

or

Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

 

2711

Petroleum gases and other gaseous hydrocarbons

Operations of refining and/or one or more specific process(es) (1)

or

Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

 

2712

Petroleum jelly; paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes and similar products obtained by synthesis or by other processes, whether or not coloured

Operations of refining and/or one or more specific process(es) (1)

or

Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

 

2713

Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous materials

Operations of refining and/or one or more specific process(es) (1)

or

Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

 

2714

Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphaltites and asphaltic rocks

Operations of refining and/or one or more specific process(es) (1)

or

Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

 

2715

Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cut-backs)

Operations of refining and/or one or more specific process(es) (1)

or

Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

 

ex Chapter 28

Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex 2805

‘Mischmetall’

Manufacture by electrolytic or thermal treatment in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

ex 2811

Sulphur trioxide

Manufacture from sulphur dioxide

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex 2833

Aluminium sulphate

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

ex 2840

Sodium perborate

Manufacture from disodium tetraborate pentahydrate

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex Chapter 29

Organic chemicals; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex 2901

Acyclic hydrocarbons for use as power or heating fuels

Operations of refining and/or one or more specific process(es) (1)

or

 

 

 

Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

 

ex 2902

Cyclanes and cyclenes (other than azulenes), benzene, toluene, xylenes, for use as power or heating fuels

Operations of refining and/or one or more specific process(es) (1)

or

Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used, provided their value does not exceed 50 % of the ex-works price of the product

 

ex 2905

Metal alcoholates of alcohols of this heading and of ethanol

Manufacture from materials of any heading, including other materials of heading 2905. However, metal alcoholates of this heading may be used, provided their value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

2915

Saturated acyclic monocarboxylic acids and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives

Manufacture from materials of any heading. However, the value of all the materials of headings 2915 and 2916 used may not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex 2932

Internal ethers and their halogenated, sulphonated, nitrated or nitrosated derivatives

Cyclic acetals and internal hemiacetals and their halogenated, sulphonated, nitrated or nitrosated derivatives

Manufacture from materials of any heading. However, the value of all the materials of heading 2909 used may not exceed 20 % of the ex-works price of the product

Manufacture from materials of any heading

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

2933

Heterocyclic compounds with nitrogen hetero-atom(s) only

Manufacture from materials of any heading. However, the value of all the materials of headings 2932 and 2933 used may not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

2934

Nucleic acids and their salts; other heterocyclic compounds

Manufacture from materials of any heading. However, the value of all the materials of headings 2932, 2933 and 2934 used may not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex Chapter 30

Pharmaceutical products; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

 

3002

Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products:

 

 

 

Products consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses or unmixed products for these uses, put up in measured doses or in forms or packings for retail sale

Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

 

 

Other:

 

 

 

– –

Human blood

Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

 

 

– –

Animal blood prepared for therapeutic or prophylactic uses

Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

 

 

– –

Blood fractions other than antisera, haemoglobin, blood globulins and serum globulins

Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

 

 

– –

Haemoglobin, blood globulins and serum globulins

Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

 

 

– –

Other

Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

 

3003 and 3004

Medicaments (excluding goods of heading 3002, 3005 or 3006):

Obtained from amikacin of heading 2941

Other

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials of heading 3003 or 3004 may be used provided their value, taken together, does not exceed 20 % of the ex works price of the product

Manufacture in which:

all the materials used are classified within a heading other than that of the product. However, materials of heading 3003 or 3004 may be used provided their value, taken together, does not exceed 20 % of the ex-works price of the product,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

ex Chapter 31

Fertilisers; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex 3105

Mineral or chemical fertilisers containing two or three of the fertilising elements nitrogen, phosphorous and potassium; other fertilisers; goods of this Chapter, in tablets or similar forms or in packages of a gross weight not exceeding 10 kg, except for:

sodium nitrate

calcium cyanamide

potassium sulphate

magnesium potassium sulphate

Manufacture in which:

all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex Chapter 32

Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex 3201

Tannins and their salts, ethers, esters and other derivatives

Manufacture from tanning extracts of vegetable origin

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

3205

Colour lakes; preparations as specified in Note 3 to this Chapter based on colour lakes (2)

Manufacture from materials of any heading, except headings 3203, 3204 and 3205. However, materials from heading 3205 may be used provided their value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex Chapter 33

Essential oils and resinoids; perfumery, cosmetic or toilet preparations; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

3301

Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils

Manufacture from materials of any heading, including materials of a different ‘group’ (3) in this heading. However, materials of the same group may be used, provided their value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex Chapter 34

Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex 3403

Lubricating preparations containing petroleum oils or oils obtained from bituminous minerals, provided they represent less than 70 % by weight

Operations of refining and/or one or more specific process(es) (1)

or

Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

 

3404

Artificial waxes and prepared waxes:

With a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

 

 

Other

Manufacture from materials of any heading, except:

hydrogenated oils having the character of waxes of heading 1516,

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

 

fatty acids not chemically defined or industrial fatty alcohols having the character of waxes of heading 3823,

 

 

 

materials of heading 3404

 

 

 

However, these materials may be used provided their value does not exceed 20 % of the ex-works price of the product

 

ex Chapter 35

Albuminoidal substances; modified starches; glues; enzymes; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

3505

Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches:

 

 

 

Starch ethers and esters

Manufacture from materials of any heading, including other materials of heading 3505

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

Other

Manufacture from materials of any heading, except those of heading 1108

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex 3507

Prepared enzymes not elsewhere specified or included

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

Chapter 36

Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex Chapter 37

Photographic or cinematographic goods; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

3701

Photographic plates and film in the flat, sensitised, unexposed, of any material other than paper, paperboard or textiles; instant print film in the flat, sensitised, unexposed, whether or not in packs:

 

 

 

Instant print film for colour photography, in packs

Manufacture in which all the materials used are classified within a heading other than headings 3701 or 3702. However, materials from heading 3702 may be used provided their value does not exceed 30 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

Other

Manufacture in which all the materials used are classified within a heading other than heading 3701 or 3702. However, materials from headings 3701 and 3702 may be used provided their value taken together, does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

3702

Photographic film in rolls, sensitised, unexposed, of any material other than paper, paperboard or textiles; instant print film in rolls, sensitised, unexposed

Manufacture in which all the materials used are classified within a heading other than headings 3701 or 3702

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

3704

Photographic plates, film paper, paperboard and textiles, exposed but not developed

Manufacture in which all the materials used are classified within a heading other than headings 3701 to 3704

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex Chapter 38

Miscellaneous chemical products; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex 3801

Colloidal graphite in suspension in oil and semi-colloidal graphite; carbonaceous pastes for electrodes

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

 

Graphite in paste form, being a mixture of more than 30 % by weight of graphite with mineral oils

Manufacture in which the value of all the materials of heading 3403 used does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex 3803

Refined tall oil

Refining of crude tall oil

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex 3805

Spirits of sulphate turpentine, purified

Purification by distillation or refining of raw spirits of sulphate turpentine

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex 3806

Ester gums

Manufacture from resin acids

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex 3807

Wood pitch (wood tar pitch)

Distillation of wood tar

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

3808

Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulphur-treated bands, wicks and candles, and fly-papers)

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

 

3809

Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

 

3810

Pickling preparations for metal surfaces; fluxes and other auxiliary preparations for soldering, brazing or welding; soldering, brazing or welding powders and pastes consisting of metal and other materials; preparations of a kind used as cores or coatings for welding electrodes or rods

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

 

3811

Anti–knock preparations, oxidation inhibitors, gum inhibitors, viscosity improvers, anti-corrosive preparations and other prepared additives, for mineral oils (including gasoline) or for other liquids used for the same purposes as mineral oils:

 

 

 

Prepared additives for lubricating oil, containing petroleum oils or oils obtained from bituminous minerals

Manufacture in which the value of all the materials of heading 3811 used does not exceed 50 % of the ex-works price of the product

 

 

Other

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

3812

Prepared rubber accelerators; compound plasticisers for rubber or plastics, not elsewhere specified or included; anti-oxidising preparations and other compound stabilisers for rubber or plastics

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

3813

Preparations and charges for fire-extinguishers; charged fire-extinguishing grenades

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

3814

Organic composite solvents and thinners, not elsewhere specified or included; prepared paint or vanish removers

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

3818

Chemical elements doped for use in electronics, in the form of discs, wafers or similar forms; chemical compounds doped for use in electronics

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

3819

Hydraulic brake fluids and other prepared liquids for hydraulic transmission, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

3820

Anti-freezing preparations and prepared de-icing fluids

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

3822

Diagnostic or laboratory reagents on a backing and prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading 3002 or 3006

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

3823

Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols.

 

 

 

Industrial monocarboxylic fatty acids, acid oils from refining

Manufacture in which all the materials used are classified within a heading other than that of the product

 

 

Industrial fatty alcohols

Manufacture from materials of any heading including other materials of heading 3823

 

3824

Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included:

 

 

 

The following of this heading:

Prepared binders for foundry moulds or cores based on natural resinous products

Naphthenic acids, their water insoluble salts and their esters

Sorbitol other than that of heading 2905

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

Petroleum sulphonates, excluding petroleum sulphonates of alkali metals, of ammonium or of ethanolamines; thiophenated sulphonic acids of oils obtained from bituminous minerals, and their salts

Ion exchangers

Getters for vacuum tubes

 

 

 

Alkaline iron oxide for the purification of gas

Ammoniacal gas liquors and spent oxide produced in coal gas purification

Sulphonaphthenic acids, their water insoluble salts and their esters

Fusel oil and Dippel's oil

Mixtures of salts having different anions

Copying pastes with a basis of gelatine, whether or not on a paper or textile backing

 

 

 

Other

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

3901 to 3915

Plastics in primary forms, waste, parings and scrap, of plastic; except for headings ex 3907 and 3912 for which the rules are set out below:

 

 

 

Addition homopolymerisation products in which a single monomer contributes more than 99 % by weight to the total polymer content

Manufacture in which:

the value of all the materials used does not exceed 50 % of the ex-works price of the product,

the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (4)

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

 

Other

Manufacture in which the value of the materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (4)

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

ex 3907

Copolymer, made from polycarbonate and acrylonitrile-butadiene-styrene copolymer (ABS)

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product (4)

 

 

Polyester

Manufacture in which the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product and/or manufacture from polycarbonate of tetrabromo–(bisphenol A)

 

3912

Cellulose and its chemical derivatives, not elsewhere specified or included, in primary forms

Manufacture in which the value of any materials classified in the same heading as the product does not exceed 20 % of the ex-works price of the product

 

3916 to 3921

Semi–manufactures and articles of plastics; except for headings ex 3916, ex 3917, ex 3920 and ex 3921, for which the rules are set out below:

 

 

 

Flat products, further worked than only surface–worked or cut into forms other than rectangular (including square); other products, further worked than only surface-worked

Other:

Manufacture in which the value of any materials of Chapter 39 used does not exceed 50 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

 

– –

Addition homopolymerisation products in which a single monomer contributes more than 99 % by weight to the total polymer content

Manufacture in which:

the value of all the materials used does not exceed 50 % of the ex-works price of the product;

the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (4)

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

 

– –

Other

Manufacture in which the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (4)

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

ex 3916 and ex 3917

Profile shapes and tubes

Manufacture in which:

the value of all the materials used does not exceed 50 % of the ex-works price of the product;

the value of any materials classified within the same heading as the product does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

ex 3920

Ionomer sheet or film

Manufacture from a thermoplastic partial salt which is a copolymer of ethylene and metacrylic acid partly neutralised with metal ions, mainly zinc and sodium

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

 

Sheets of regenerated cellulose, polyamides or polyethylene

Manufacture in which the value of any materials classified in the same heading as the product does not exceed 20 % of the ex-works price of the product

 

ex 3921

Foils of plastic, metallised

Manufacture from highly transparent polyester foils with a thickness of less than 23 micron (5)

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

3922 to 3926

Articles of plastics

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

ex Chapter 40

Rubber and articles thereof; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 4001

Laminated slabs of crepe rubber for shoes

Lamination of sheets of natural rubber

 

4005

Compounded rubber, unvulcanised, in primary forms or in plates, sheets or strip

Manufacture in which the value of all the materials used, except natural rubber, does not exceed 50 % of the ex-works price of the product

 

4012

Retreaded or used pneumatic tyres of rubber; solid or cushion tyres, interchangeable tyre treads and tyre flaps, of rubber:

 

 

 

Retreaded pneumatic, solid or cushion tyres, of rubber

Retreading of used tyres

 

 

Other

Manufacture from materials of any heading, except those of headings 4011 or 4012

 

ex 4017

Articles of hard rubber

Manufacture from hard rubber

 

ex Chapter 41

Raw hides and skins (other than fur skins) and leather; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 4102

Raw skins of sheep or lambs, without wool on

Removal of wool from sheep or lamb skins, with wool on

 

4104 to 4107

Leather, without hair or wool, other than leather of headings 4108 or 4109

Retanning of pre-tanned leather

or

Manufacture in which all the materials used are classified within a heading other than that of the product

 

4109

Patent leather and patent laminated leather; metallised leather

Manufacture from leather of headings 4104 to 4107 provided its value does not exceed 50 % of the ex-works price of the product

 

Chapter 42

Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut)

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex Chapter 43

Fur skins and artificial fur; manufactures thereof; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 4302

Tanned or dressed fur skins, assembled:

 

 

 

Plates, crosses and similar forms

Bleaching or dyeing, in addition to cutting and assembly of non-assembled tanned or dressed fur skins

 

 

Other

Manufacture from non-assembled, tanned or dressed fur skins

 

4303

Articles of apparel, clothing accessories and other articles of fur skin

Manufacture from non-assembled tanned or dressed fur skins of heading 4302

 

ex Chapter 44

Wood and articles of wood; wood charcoal; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 4403

Wood roughly squared

Manufacture from wood in the rough, whether or not stripped of its bark or merely roughed down

 

ex 4407

Wood sawn or chipped lengthwise, sliced or peeled, of a thickness exceeding 6 mm, planed, sanded or finger–jointed

Planing, sanding or finger-jointing

 

ex 4408

Veneer sheets and sheets for plywood, of a thickness not exceeding 6 mm, spliced, and other wood sawn lengthwise, sliced or peeled of a thickness not exceeding 6 mm, planed, sanded or finger-jointed

Splicing, planing, sanding or finger-jointing

 

ex 4409

Wood continuously shaped along any of its edges or faces, whether or not planed, sanded or finger-jointed:

Sanded or finger-jointed

Sanding or finger-jointing

 

 

Beadings and mouldings

Beading or moulding

 

ex 4410 to

ex 4413

Beadings and mouldings, including moulded skirting and other moulded boards

Beading or moulding

 

ex 4415

Packing cases, boxes, crates, drums and similar packings, of wood

Manufacture from boards not cut to size

 

ex 4416

Casks, barrels, vats, tubs and other coopers' products and parts thereof, of wood

Manufacture from riven staves, not further worked than sawn on the two principal surfaces

 

ex 4418

Builders' joinery and carpentry of wood

Manufacture in which all the materials used are classified within a heading other than that of the product. However, cellular wood panels, shingles and shakes may be used

 

 

Beadings and mouldings

Beading or moulding

 

ex 4421

Match splints; wooden pegs or pins for footwear

Manufacture from wood of any heading except drawn wood of heading 4409

 

ex Chapter 45

Cork and articles of cork; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

4503

Articles of natural cork

Manufacture from cork of heading 4501

 

Chapter 46

Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork

Manufacture in which all the materials used are classified within a heading other than that of the product

 

Chapter 47

Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex Chapter 48

Paper and paperboard; articles of paper pulp, of paper or of paperboard; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 4811

Paper and paperboard, ruled, lined or squared only

Manufacture from paper-making materials of Chapter 47

 

4816

Carbon paper, self–copy paper and other copying or transfer papers (other than those of heading 4809), duplicator stencils and offset plates, of paper, whether or not put up in boxes

Manufacture from paper-making materials of Chapter 47

 

4817

Envelopes, letter cards, plain postcards and correspondence cards, of paper or paperboard; boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing an assortment of paper stationery

Manufacturing in which:

all the materials used are classified within a heading other than that of the product;

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

ex 4818

Toilet paper

Manufacture from paper-making materials of Chapter 47

 

ex 4819

Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibres

Manufacture in which:

all the materials used are classified within a heading other than that of the product;

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

ex 4820

Letter pads

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

ex 4823

Other paper, paperboard, cellulose wadding and webs of cellulose fibres, cut to size or shape

Manufacture from paper-making materials of Chapter 47

 

ex Chapter 49

Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

4909

Printed or illustrated postcards; printed cards bearing personal greetings, messages or announcements, whether or not illustrated, with or without envelopes or trimmings

Manufacture from materials not classified within headings 4909 or 4911

 

4910

Calendars of any kind, printed, including calendar blocks:

 

 

 

Calendars of the ‘perpetual’ type or with replaceable blocks mounted on bases other than paper or paperboard

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

 

Other

Manufacture from materials not classified in heading 4909 or 4911

 

ex Chapter 50

Silk; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 5003

Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), carded or combed

Carding or combing of silk waste

 

5004 to ex 5006

Silk yarn and yarn spun from silk waste

Manufacture from (6):

raw silk or silk waste carded or combed or otherwise prepared for spinning,

other natural fibres not carded or combed or otherwise prepared for spinning,

chemical materials or textile pulp, or

paper-making materials

 

5007

Woven fabrics of silk or of silk waste:

 

 

 

Incorporating rubber thread

Manufacture from single yarn (6)

 

 

Other

Manufacture from (6):

 

 

 

coir yarn,

natural fibres,

man–made staple fibres not carded or combed or otherwise prepared for spinning,

chemical materials or textile pulp, or

paper

or

 

 

 

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

 

ex Chapter 51

Wool, fine or coarse animal hair; horsehair yarn and woven fabric; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

5106 to 5110

Yarn of wool, of fine or coarse animal hair or of horsehair

Manufacture from (6):

raw silk or silk waste carded or combed or otherwise prepared for spinning,

natural fibres not carded or combed or otherwise prepared for spinning,

chemical materials or textile pulp, or

paper–making materials

 

5111 to 5113

Woven fabrics of wool, of fine or coarse animal hair or of horsehair:

 

 

 

Incorporating rubber thread

Manufacture from single yarn (6)

 

 

Other

Manufacture from (6):

 

 

 

coir yarn,

natural fibres,

man–made staple fibres not carded or combed or otherwise prepared for spinning,

chemical materials or textile pulp, or

paper

 

 

 

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

 

ex Chapter 52

Cotton; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

5204 to 5207

Yarn and thread of cotton

Manufacture from (6):

raw silk or silk waste carded or combed or otherwise prepared for spinning,

natural fibres not carded or combed or otherwise prepared for spinning,

chemical materials or textile pulp, or

paper–making materials

 

5208 to 5212

Woven fabrics of cotton:

 

 

 

Incorporating rubber thread

Manufacture from single yarn (6)

 

 

Other

Manufacture from (6):

 

 

 

coir yarn,

natural fibres,

man-made staple fibres not carded or combed or otherwise prepared for spinning,

chemical materials or textile pulp, or

paper

 

 

 

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

 

ex Chapter 53

Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

5306 to 5308

Yarn of other vegetable textile fibres; paper yarn

Manufacture from (6):

raw silk or silk waste carded or combed or otherwise prepared for spinning,

natural fibres not carded or combed or otherwise prepared for spinning,

chemical materials or textile pulp, or

paper-making materials

 

5309 to 5311

Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn:

 

 

 

Incorporating rubber thread

Manufacture from single yarn (6)

 

 

Other

Manufacture from (6):

coir yarn,

natural fibres,

man–made staple fibres not carded or combed or otherwise prepared for spinning,

chemical materials or textile pulp, or

paper

 

 

 

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

 

5401 to 5406

Yarn, monofilament and thread of man–made filaments

Manufacture from (6):

raw silk or silk waste carded or combed or otherwise prepared for spinning,

natural fibres not carded or combed or otherwise prepared for spinning,

chemical materials or textile pulp, or

paper-making materials

 

5407 and 5408

Woven fabrics of man–made filament yarn:

 

 

 

Incorporating rubber thread

Manufacture from single yarn (6)

 

 

Other

Manufacture from (6):

 

 

 

coir yarn,

natural fibres,

man–made staple fibres not carded or combed or otherwise prepared for spinning,

chemical materials or textile pulp, or

paper

 

 

 

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

 

5501 to 5507

Man–made staple fibres

Manufacture from chemical materials or textile pulp

 

5508 to 5511

Yarn and sewing thread of man–made staple fibres

Manufacture from (6):

raw silk or silk waste carded or combed or otherwise prepared for spinning,

natural fibres not carded or combed or otherwise prepared for spinning,

chemical materials or textile pulp, or

paper–making materials

 

5512 to 5516

Woven fabrics of man-made staple fibres:

 

 

 

Incorporating rubber thread

Manufacture from single yarn (6)

 

 

Other

Manufacture from (6):

coir yarn,

natural fibres,

man–made staple fibres not carded or combed or otherwise prepared for spinning,

chemical materials or textile pulp, or

paper

 

 

 

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

 

ex Chapter 56

Wadding, felt and non-wovens; special yarns; twine, cordage, ropes and cables and articles thereof; except for:

Manufacture from (6):

coir yarn,

natural fibres,

chemical materials or textile pulp, or

paper-making materials

 

5602

Felt, whether or not impregnated, coated, covered or laminated:

 

 

 

Needleloom felt

Manufacture from (6):

natural fibres,

chemical materials or textile pulp

 

 

 

However:

polypropylene filament of heading 5402,

polypropylene fibres of heading 5503 or 5506 or

polypropylene filament tow of heading 5501, of which the denomination in all cases of a single filament or fibre is less than 9 decitex may be used provided their value does not exceed 40 % of the ex-works price of the product

 

 

Other

Manufacture from (6):

natural fibres,

man-made staple fibres made from casein, or

chemical materials or textile pulp

 

5604

Rubber thread and cord, textile covered; textile yarn, and strip and the like of heading 5404 or 5405, impregnated, coated, covered or sheathed with rubber or plastics:

 

 

 

Rubber thread and cord, textile covered

Manufacture from rubber thread or cord, not textile covered

 

 

Other

Manufacture from (6):

natural fibres not carded or combed or otherwise processed for spinning,

chemical materials or textile pulp, or

paper-making materials

 

5605

Metallised yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the form of thread, strip or powder or covered with metal

Manufacture from (6):

natural fibres,

man-made staple fibres not carded or combed or otherwise processed for spinning,

chemical materials or textile pulp, or

paper-making materials

 

5606

Gimped yarn, and strip and the like of heading 5404 or 5405, gimped (other than those of heading 5605 and gimped horsehair yarn); chenille yarn (including flock chenille yarn; loop wale–yarn

Manufacture from (6):

natural fibres,

man-made staple fibres not carded or combed or otherwise processed for spinning,

chemical materials or textile pulp, or

paper-making materials

 

Chapter 57

Carpets and other textile floor coverings:

 

 

 

Of needleloom felt

Manufacture from (6)

natural fibres, or

chemical materials or textile pulp

However:

 

 

 

polypropylene filament of heading 5402,

polypropylene fibres of heading 5503 or 5506, or

polypropylene filament tow of heading 5501, of which the denomination in all cases of a single filament or fibre is less than 9 decitex may be used provided their value does not exceed 40 % of the ex-works price of the product

 

 

Of other felt

Manufacture from (6):

natural fibres not carded or combed or otherwise processed for spinning, or

chemical materials or textile pulp

 

 

Other

Manufacture from (6):

coir yarn,

synthetic or artificial filament yarn,

natural fibres, or

man-made staple fibres not carded or combed or otherwise processed for spinning

 

ex Chapter 58

Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery; except for:

 

 

 

Combined with rubber thread

Manufacture from single yarn (6)

 

 

Other

Manufacture from (6)

 

 

 

natural fibres,

man-made staple fibres not carded or combed or otherwise processed for spinning, or

chemical materials or textile pulp,

 

 

 

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

 

5805

Hand-woven tapestries of the types gobelins, flanders, aubusson, beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made up

Manufacture in which all the materials used are classified within a heading other than that of the product

 

5810

Embroidery in the piece, in strips or in motifs

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

5901

Textile fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books or the like; tracing cloth; prepared painting canvas; buckram and similar stiffened textile fabrics of a kind used for hat foundations

Manufacture from yarn

 

5902

Tyre cord fabric of high tenacity yarn of nylon or other polyamides, polyesters or viscose rayon:

 

 

 

Containing not more than 90 % by weight of textile materials

Manufacture from yarn

 

 

Other

Manufacture from chemical materials or textile pulp

 

5903

Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902

Manufacture from yarn

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, razing, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

 

5904

Linoleum, whether or note cut to shape; floor coverings consisting of a coating or covering applied on a textile backing, whether or not cut to shape

Manufacture from yarn (6)

 

5905

Textile wall coverings:

 

 

 

Impregnated, coated, covered or laminated with rubber, plastics or other materials

Manufacture from yarn

 

 

Other

Manufacture from (6):

 

 

 

coir yarn,

natural fibres,

man-made staple fibres not carded or combed or otherwise processed for spinning, or

chemical materials or textile pulp,

or

 

 

 

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

 

5906

Rubberised textile fabrics, other than those of heading 5902:

 

 

 

Knitted or crocheted fabrics

Manufacture from (6):

natural fibres,

man-made staple fibres not carded or combed or otherwise processed for spinning, or

chemical materials or textile pulp

 

 

Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials

Manufacture from chemical materials

 

 

Other

Manufacture from yarn

 

5907

Textile fabrics otherwise impregnated, coated or covered; painted canvas being theatrical scenery, studio backcloths or the like

Manufacture from yarn

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, razing, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

 

5908

Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric therefor, whether or not impregnated:

 

 

 

Incandescent gas mantles, impregnated

Manufacture from tubular knitted gas mantle fabric

 

 

Other

Manufacture in which all the materials used are classified within a heading other than that of the product

 

5909 to 5911

Textile articles of a kind suitable for industrial use:

Polishing discs or rings other than of felt of heading 5911

Woven fabrics, of a kind commonly used in papermaking or other technical uses, felted or not, whether or not impregnated or coated, tubular or endless with single or multiple warp and/or weft, or flat woven with multiple warp and/or weft of heading 5911

Manufacture from yarn or waste fabrics or rags of heading 6310

Manufacture from (6):

coir yarn,

the following materials:

yarn of polytetrafluoroethylene (7),

yarn, multiple, of polyamide, coated impregnated or covered with a phenolic resin,

yarn of synthetic textile fibres of aromatic polyamides, obtained by polycondensation of m-phenylenediamine and isophthalic acid,

monofil of polytetrafluoroethylene (7)

yarn of synthetic textile fibres of poly-p-phenylene terephthalamide,

glass fibre yarn, coated with phenol resin and gimped with acrylic yarn (7)

copolyester monofilaments of a polyester and a resin of terephthalic acid and 1,4 - cyclohexanediethanol and isophthalic acid,

natural fibres,

man-made staple fibres not carded or combed or otherwise processed for spinning, or

chemical materials or textile pulp

 

 

Other

Manufacture from (6):

coir yarn,

natural fibres,

man-made staple fibres not carded or combed or otherwise processed for spinning, or

chemical materials or textile pulp

 

Chapter 60

Knitted or crocheted fabrics

Manufacture from (6):

natural fibres,

man-made staple fibres not carded or combed or otherwise processed for spinning, or

chemical materials or textile pulp

 

Chapter 61

Articles of apparel and clothing accessories, knitted or crocheted:

 

 

 

Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form

Manufacture from yarn (6)  (8)

 

 

Other

Manufacture from (6):

natural fibres,

man-made staple fibres not carded or combed or otherwise processed for spinning, or

chemical materials or textile pulp

 

ex Chapter 62

Articles of apparel and clothing accessories, not knitted or crocheted; except for:

Manufacture from yarn (8)  (6)

 

ex 6202,

ex 6204,

ex 6206,

ex 6209 and ex 6211

Women's, girls' and babies' clothing and clothing accessories for babies, embroidered

Manufacture from yarn (8)

or

Manufacture from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product (6)

 

ex 6210 and

ex 6216

Fire–resistant equipment of fabric covered with foil of aluminised polyester

Manufacture from yarn (8)

or

Manufacture from uncoated fabric provided the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product (6)

 

6213 and

6214

Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like:

 

 

 

Embroidered

Manufacture from unbleached single yarn (6)  (8)

or

Manufacture from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product (10)

 

 

Other

Manufacture from unbleached single yarn (6)  (8)

or

Making up followed by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted goods of headings 6213 and 6214 used does not exceed 47,5 % of the ex-works price of the product

 

6217

Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212:

 

 

 

Embroidered

Manufacture from yarn (8)

or

Manufacture from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product (8)

 

 

Fire–resistant equipment of fabric covered with foil of aluminised polyester

Manufacture from yarn (8)

or

Manufacture from uncoated fabric provided the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product (8)

 

 

Interlinings for collars and cuffs, cut out

Manufacture in which:

all the materials used are classified within a heading other than that of the product;

the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

 

Other

Manufacture from yarn (8)

 

ex Chapter 63

Other made–up textile articles; sets; worn clothing and worn textile articles; rags; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

6301 to 6304

Blankets, travelling rugs, bed linen etc.; curtains etc.; other furnishing articles:

 

 

 

Of felt, of non-wovens

Manufacture from (6):

natural fibres, or

chemical materials or textile pulp

 

 

Other:

 

 

 

– –

Embroidered

Manufacture from unbleached single yarn (8)  (9)

or

Manufacture from unembroidered fabric (other than knitted or crocheted) provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product

 

 

Other:

Manufacture from unbleached single yarn (8)  (9)

 

6305

Sacks and bags, of a kind used for the packing of goods

Manufacture from (8):

natural fibres,

man-made staple fibres not carded or combed or otherwise processed for spinning, or

chemical materials or textile pulp

 

6306

Tarpaulins, awnings and sun blinds; tents; sails for boats, sailboards or land craft; camping goods:

 

 

 

Of non-wovens

Manufacture from (6)  (8):

natural fibres, or

chemical materials or textile pulp

 

 

Other

Manufacture from unbleached single yarn (6)  (8)

 

6307

Other made–up articles, including dress patterns

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

6308

Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packings for retail sale

Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non–originating articles may be incorporated provided their total value does not exceed 15 % of the ex-works price of the set

 

ex Chapter 64

Footwear, gaiters and the like; except for:

Manufacture from materials of any heading except for assemblies of uppers affixed to inner soles or to other sole components of heading 6406

 

6406

Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable in-soles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex Chapter 65

Headgear and parts thereof, except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

6503

Felt hats and other felt headgear, made from the hat bodies, hoods or plateaux of heading 6501, whether or not lined or trimmed

Manufacture from yarn or textile fibres (8)

 

6505

Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed

Manufacture from yarn or textile fibres (8)

 

ex Chapter 66

Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops, and parts thereof; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

6601

Umbrellas and sun umbrellas (including walking–stick umbrellas, garden umbrellas and similar umbrellas)

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

Chapter 67

Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex Chapter 68

Articles of stone, plaster, cement, asbestos, mica or similar materials; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 6803

Articles of slate or of agglomerated slate

Manufacture from worked slate

 

ex 6812

Articles of asbestos; articles of mixtures with a basis of asbestos or of mixtures with a basis of asbestos and magnesium carbonate

Manufacture from materials of any heading

 

ex 6814

Articles of mica, including agglomerated or reconstituted mica, on a support of paper, paperboard or other materials

Manufacture from worked mica (including agglomerated or reconstituted mica)

 

Chapter 69

Ceramic products

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex Chapter 70

Glass and glassware; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 7003

ex 7004 and

ex 7005

Glass with a non-reflecting layer

Manufacture from materials of heading 7001

 

7006

Glass of headings 7003, 7004 or 7005, bent, edgeworked, engraved, drilled, enamelled or otherwise worked, but not framed or fitted with other materials

Manufacture from materials of heading 7001

 

7007

Safety glass, consisting of toughened (tempered) or laminated glass

Manufacture from materials of heading 7001

 

7008

Multiple-walled insulating units of glass

Manufacture from materials of heading 7001

 

7009

Glass mirrors, whether or not framed, including rear-view mirrors

Manufacture from materials of heading 7001

 

7010

Carboys, bottles, flasks, jars, pots, phials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass

Manufacture in which all the materials used are classified within a heading other than that of the product

or

Cutting of glassware, provided the value of the uncut glassware does not exceed 50 % of the ex-works price of the product

 

7013

Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018)

Manufacture in which all the materials used are classified within a heading other than that of the product

or

Cutting of glassware, provided the value of the uncut glassware does not exceed 50 % of the ex-works price of the product

or

Hand-decoration (with the exception of silk-screen printing) of hand-blown glassware, provided the value of the hand–blown glassware does not exceed 50 % of the ex-works price of the product

 

ex 7019

Articles (other than yarn) of glass fibres

Manufacture from:

uncoloured slivers, rovings, yarn or chopped strands, or

glass wool

 

ex Chapter 71

Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 7101

Natural or cultured pearls, graded and temporarily strung for convenience of transport

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

ex 7102,

ex 7103 and

ex 7104

Worked precious or semi-precious stones (natural, synthetic or reconstructed)

Manufacture from unworked precious or semi-precious stones

 

7106, 7108 and 7110

Precious metals:

 

 

 

Unwrought

Manufacture from materials not classified within heading 7106, 7108 or 7110

or

Electrolytic, thermal or chemical separation of precious metals of heading 7106, 7108 or 7110

or

Alloying of precious metals of heading 7106, 7108 or 7110 with each other or with base metals

 

 

Semi-manufactured or in powder form

Manufacture from unwrought precious metals

 

ex 7107,

ex 7109 and

ex 7111

Metals clad with precious metals, semi-manufactured

Manufacture from metals clad with precious metals, unwrought

 

7116

Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed)

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

7117

Imitation jewellery

Manufacture in which all the materials used are classified within a heading other than that of the product

or

 

 

 

Manufacture from base metal parts, not plated or covered with precious metals, provided the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

ex Chapter 72

Iron and steel; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

7207

Semi-finished products of iron or non-alloy steel

Manufacture from materials of heading 7201, 7202, 7203, 7204 or 7205

 

7208 to 7216

Flat-rolled products, bars and rods, angles, shapes and sections of iron or non-alloy steel

Manufacture from ingots or other primary forms of heading 7206

 

7217

Wire of iron or non-alloy steel

Manufacture from semi-finished materials of heading 7207

 

ex 7218, 7219 to 7222

Semi-finished products, flat-rolled products, bars and rods, angles, shapes and sections of stainless steel

Manufacture from ingots or other primary forms of heading 7218

 

7223

Wire of stainless steel

Manufacture from semi-finished materials of heading 7218

 

ex 7224, 7225 to 7228

Semi-finished products, flat-rolled products, hot-rolled bars and rods, in irregularly wound coils; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel

Manufacture from ingots or other primary forms of heading 7206, 7218 or 7224

 

7229

Wire of other alloy steel

Manufacture from semi-finished materials of heading 7224

 

ex Chapter 73

Articles of iron or steel; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 7301

Sheet piling

Manufacture from materials of heading 7206

 

7302

Railway or tramway track construction materials of iron or steel, the following: rails, checkrails and rackrails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole pates (base plates), rail clips, bedplates, ties and other material specialised for jointing or fixing rails

Manufacture from materials of heading 7206

 

7304, 7305 and 7306

Tubes, pipes and hollow profiles, of iron (other than cast iron) or steel

Manufacture from materials of heading 7206, 7207, 7218 or 7224

 

ex 7307

Tube or pipe fittings of stainless steel (ISO code X5CrNiMo 1712), consisting of several parts

Turning, drilling, reaming, threading, deburring and sandblasting of forged blanks the value of which does not exceed 35 % of the ex-works price of the product

 

7308

Structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frame-works, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel

Manufacture in which all the materials used are classified within a heading other than that of the product. However, welded angles, shapes and sections of heading 7301 may not be used

 

ex 7315

Skid chain

Manufacture in which the value of all the materials of heading 7315 used does not exceed 50 % of the ex-works price of the product

 

ex Chapter 74

Copper and articles thereof; except for:

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

7401

Copper mattes; cement copper (precipitated copper)

Manufacture in which all the materials used are classified within a heading other than that of the product

 

7402

Unrefined copper; copper anodes for electrolytic refining

Manufacture in which all the materials used are classified within a heading other than that of the product

 

7403

Refined copper and copper alloys, unwrought:

 

 

 

Refined copper

Manufacture in which all the materials used are classified within a heading other than that of the product

 

 

Copper alloys and refined copper containing other elements

Manufacture from refined copper, unwrought, or waste and scrap of copper

 

7404

Copper waste and scrap

Manufacture in which all the materials used are classified within a heading other than that of the product

 

7405

Master alloys of copper

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex Chapter 75

Nickel and articles thereof; except for:

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

7501 to 7503

Nickel mattes, nickel oxide sinters and other intermediate products of nickel metallurgy; unwrought nickel; nickel waste and scrap

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex Chapter 76

Aluminium and articles thereof; except for:

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

7601

Unwrought aluminium

Manufacture by thermal or electrolytic treatment from unalloyed aluminium or waste and scrap of aluminium

 

7602

Aluminium waste or scrap

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 7616

Aluminium articles other than gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, and expanded metal of aluminium

Manufacture in which:

all the materials used are classified within a heading other than that of the product. However, gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, or expanded metal of aluminium may be used,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

Chapter 77

Reserved for possible future use in HS

 

 

ex Chapter 78

Lead and articles thereof; except for:

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

7801

Unwrought lead:

 

 

 

Refined lead

Manufacture from ‘bullion’ or ‘work’ lead

 

 

Other

Manufacture in which all the materials used are classified within a heading other than that of the product. However, waste and scrap of heading 7802 may not be used

 

7802

Lead waste and scrap

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex Chapter 79

Zinc and articles thereof; except for:

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

7901

Unwrought zinc

Manufacture in which all the materials used are classified within a heading other than that of the product. However, waste and scrap of heading 7902 may not be used

 

7902

Zinc waste and scrap

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex Chapter 80

Tin and articles thereof; except for:

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

8001

Unwrought tin

Manufacture in which all the materials used are classified within a heading other than that of the product. However, waste and scrap of heading 8002 may not be used

 

8002 and 8007

Tin waste and scrap; other articles of tin

Manufacture in which all the materials used are classified within a heading other than that of the product

 

Chapter 81

Other base metals; cermets; articles thereof:

 

 

 

Other base metals, wrought; articles thereof

Manufacture in which the value of all the materials classified within the same heading as the product used does not exceed 50 % of the ex-works price of the product

 

 

Other

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex Chapter 82

Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

8206

Tools of two or more of the headings 8202 to 8205, put up in sets for retail sale

Manufacture in which all the materials used are classified within a heading other than headings 8202 to 8205. However, tools of headings 8202 to 8205 may be incorporated into the set provided their value does not exceed 15 % of the ex-works price of the set

 

8207

Interchangeable tools for hand tools, whether or not power-operated, or for machine-tools (for example, for pressing, stamping, punching, tapping, threading, drilling, boring, broaching, milling, turning, or screwdriving), including dies for drawing or extruding metal, and rock drilling or earth boring tools

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8208

Knives and cutting blades, for machines or for mechanical appliances

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

ex 8211

Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208

Manufacture in which all the materials used are classified within a heading other than that of the product. However, knife blades and handles of base metal may be used

 

8214

Other articles of cutlery (for example, hair clippers, butchers' or kitchen cleavers, choppers and mincing knives, paper knives); manicure or pedicure sets and instruments (including nail files)

Manufacture in which all the materials used are classified within a heading other than that of the product. However, handles of base metal may be used

 

8215

Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware

Manufacture in which all the materials used are classified within a heading other than that of the product. However, handles of base metal may be used

 

ex Chapter 83

Miscellaneous articles of base metal; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 8302

Other mountings, fittings and similar articles suitable for buildings, and automatic door closers

Manufacture in which all the materials used are classified within a heading other than that of the product. However, the other materials of heading 8302 may be used provided their value does not exceed 20 % of the ex-works price of the product

 

ex 8306

Statuettes and other ornaments, of base metal

Manufacture in which all the materials used are classified within a heading other than that of the product. However, the other materials of heading 8306 may be used provided their value does not exceed 30 % of the ex-works price of the product

 

ex Chapter 84

Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof; except for:

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex 8401

Nuclear fuel elements

Manufacture in which all the materials used are classified within a heading other than that of the product (10)

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8402

Steam or other vapour generating boilers (other than central heating hot water boilers capable also of producing low pressure steam); super heated water boilers

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8403 and ex 8404

Central heating boilers other than those of heading 8402 and auxiliary plant for central heating boilers

Manufacture in which all the materials used are classified within a heading other than heading 8403 or 8404

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

8406

Steam turbines and other vapour turbines

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8407

Spark-ignition reciprocating or rotary internal combustion piston engines

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8408

Compression-ignition internal combustion piston engines (diesel or semi-diesel engines)

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8409

Parts suitable for use solely or principally with the engines of heading 8407 or 8408

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8411

Turbo-jets, turbo propellers and other gas turbines

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8412

Other engines and motors

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

ex 8413

Rotary positive displacement pumps

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

ex 8414

Industrial fans, blowers and the like

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8415

Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8418

Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air conditioning machines of heading 8415

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product,

the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

ex 8419

Machines for wood, paper pulp and paperboard industries

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8420

Calendering or other rolling machines, other than for metals or glass, and cylinders therefor

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8423

Weighing machinery (excluding balances of a sensitivity of 5 cg or better), including weight operated counting or checking machines; weighing machine weights of all kinds

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8425 to 8428

Lifting, handling, loading or unloading machinery

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where, within the above limit, the materials classified within heading 8431 are only used up to a value of 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8429

Self-propelled bulldozers, angledozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and road rollers:

 

 

 

Road rollers

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

 

Other

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where, within the above limit, the materials classified within heading 8431 are only used up to a value of 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8430

Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; pile-drivers and pile-extractors; snow-ploughs and snow-blowers

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where, within the above limit, the value of the materials classified within heading 8431 are only used up to a value of 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex 8431

Parts suitable for use solely or principally with road rollers

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8439

Machinery for making pulp of fibrous cellulosic material or for making or finishing paper or paperboard

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8441

Other machinery for making up paper pulp, paper or paperboard, including cutting machines of all kinds

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8444 to 8447

Machines of these headings for use in the textile industry

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

ex 8448

Auxiliary machinery for use with machines of headings 8444 and 8445

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8452

Sewing machines, other than book-sewing machines of heading 8440; furniture, bases and covers specially designed for sewing machines; sewing machine needles:

 

 

 

Sewing machines (lock stitch only) with heads of a weight not exceeding 16 kg without motor or 17 kg with motor

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where the value of all the non-originating materials used in assembling the head (without motor) does not exceed the value of the originating materials used,

the thread tension, crochet and zigzag mechanisms used are already originating

 

 

Other

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8456 to

8466

Machine–tools and machines and their parts and accessories of headings 8456 to 8466

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8469 to 8472

Office machines (for example, typewriters, calculating machines, automatic data processing machines, duplicating machines, stapling machines)

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8480

Moulding boxes for metal foundry; mould bases; moulding patterns; moulds for metal (other than ingot moulds), metal carbides, glass, mineral materials, rubber or plastics

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

8482

Ball or roller bearings

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8484

Gaskets and similar joints of metal sheeting combined with other material or of two or more layers of metal; sets or assortments of gaskets and similar joints, dissimilar in composition, put up in pouches, envelopes or similar packings; mechanical seals

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8485

Machinery parts, not containing electrical connectors, insulators, coils, contacts or other electrical features, not specified or included elsewhere in this Chapter

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

ex Chapter 85

Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles; except for:

Manufacture in which

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8501

Electric motors and generators (excluding generating sets)

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where, within the above limit, the materials classified within heading 8503 are only used up to a value of 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8502

Electric generating sets and rotary converters

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where, within the above limit, the materials classified within heading 8501 or 8503, taken together, are only used up to a value of 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex 8504

Power supply units for automatic data-processing machines

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

ex 8518

Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures; audio-frequency electric amplifiers; electric sound amplifier sets

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8519

Turntables (record-decks), record-players, cassette-players and other sound reproducing apparatus, not incorporating a sound recording device

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where the value of all the non–originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8520

Magnetic tape recorders and other sound recording apparatus, whether or not incorporating a sound reproducing device

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where the value of all the non–originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8521

Video recording or reproducing apparatus, whether or not incorporating a video tuner

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where the value of all the non–originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8522

Parts and accessories suitable for use solely or principally with the apparatus of headings 8519 to 8521

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8523

Prepared unrecorded media for sound recording or similar recording of other phenomena, other than products of Chapter 37

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8524

Records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of Chapter 37:

 

 

 

Matrices and masters for the production of records

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

 

Other

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where, within the above limit, the materials classified within heading 8523 are only used up to a value of 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8525

Transmission apparatus for radio-telephony, radio-telegraphy, radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras and other video camera recorders

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8526

Radar apparatus, radio navigational aid apparatus and radio remote control apparatus

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8527

Reception apparatus for radio-telephony, radio-telegraphy or radio broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8528

Reception apparatus for television, whether or not incorporating radio broadcast receivers or sound or video recording or reproducing apparatus; video monitors and video projectors

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8529

Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528:

 

 

 

Suitable for use solely or principally with video recording or reproducing apparatus

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

 

Other

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8535 and 8536

Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where, within the above limit, the materials classified within heading 8538 are only used up to a value of 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8537

Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of Chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where, within the above limit, the materials classified within heading 8538 are only used up to a value of 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex 8541

Diodes, transistors and similar semi-conductor devices, except wafers not yet cut into chips

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8542

Electronic integrated circuits and microassemblies

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8544

Insulated (including enamelled or anodised) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8545

Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8546

Electrical insulators of any material

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8547

Insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating materials apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly other than insulators of heading 8546; electrical conduit tubing and joints therefor, of base metal lined with insulating material

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8548

Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified or included elsewhere in this Chapter

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

ex Chapter 86

Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds; except for:

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8608

Railway or tramway track fixtures and fittings; mechanical (including electro-mechanical) signalling, safety or traffic control equipment for railways, tramways, roads, inland waterways, parking facilities, port installations or airfields; parts of the foregoing

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex Chapter 87

Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof; except for:

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

8709

Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms; parts of the foregoing vehicles

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8710

Tanks and other armoured fighting vehicles, motorised, whether or not fitted with weapons, and parts of such vehicles

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8711

Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars:

 

 

 

With reciprocating internal combustion piston engine of a cylinder capacity:

 

 

 

– –

Not exceeding 50 cc

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 20 % of the ex-works price of the product

 

exceeding 50 cc

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

 

Other

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex 8712

Bicycles without ball bearings

Manufacture from materials not classified in heading 8714

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8715

Baby carriages and parts thereof

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8716

Trailers and semi-trailers; other vehicles, not mechanically propelled; parts thereof

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex Chapter 88

Aircraft, spacecraft, and parts thereof; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex 8804

Rotochutes

Manufacture from materials of any heading including other materials of heading 8804

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

8805

Aircraft launching gear; deck–arrestor or similar gear; ground flying trainers; parts of the foregoing articles

Manufacture in which all the materials used are classified within a heading other than that of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

Chapter 89

Ships, boats and floating structures

Manufacture in which all the materials used are classified within a heading other than that of the product. However, hulls of heading 8906 may not be used

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex Chapter 90

Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof; except for:

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9001

Optical fibres and optical fibre bundles; optical fibre cables other than those of heading 8544; sheets and plates of polarizing material; lenses (including contact lenses), prisms, mirrors and other optical elements, of any material, unmounted, other than such elements of glass not optically worked

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

9002

Lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other than such elements of glass not optically worked

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

9004

Spectacles, goggles and the like, corrective, protective or other

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

ex 9005

Binoculars, monoculars, other optical telescopes, and mountings therefor, except for astronomical refracting telescopes and mountings therefor

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product,

the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex 9006

Photographic (other than cinematographic) cameras; photographic flashlight apparatus and flashbulbs other than electrically ignited flashbulbs

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product,

the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9007

Cinematographic cameras and projectors, whether or not incorporating sound recording or reproducing apparatus

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product,

the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9011

Compound optical microscopes, including those for photomicrography, cinephotomicrography or microprojection

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product,

the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex 9014

Other navigational instruments and appliances

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

9015

Surveying (including photogrammetrical surveying), hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

9016

Balances of a sensitivity of 5 cg or better, with or without weights

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

9017

Drawing, marking–out or mathematical calculating instruments (for example, drafting machines, pantographs, protractors, drawing sets, slide rules, disc calculators); instruments for measuring length, for use in the hand (for example, measuring rods and tapes, micrometers, callipers), not specified or included elsewhere in this Chapter

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

9018

Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments:

 

 

 

Dentists' chairs incorporating dental appliances or dentists' spittoons

Manufacture from materials of any heading, including other materials of heading 9018

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

Other

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

9019

Mechano-therapy appliances; massage apparatus; psychological aptitude-testing apparatus; ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

9020

Other breathing appliances and gas masks, excluding protective masks having neither mechanical parts nor replaceable filters

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

9024

Machines and appliances for testing the hardness, strength, compressibility, elasticity or other mechanical properties of materials (for example, metals, wood, textiles, paper, plastics)

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

9025

Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

9026

Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading 9014, 9015, 9028 or 9032

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

9027

Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

9028

Gas, liquid or electricity supply or production meters, including calibrating meters therefor:

 

 

 

Parts and accessories

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

 

Other

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

where the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9029

Revolution counters, production counters, taximeters, milometer, pedometers and the like; speed indicators and tachometers, other than those of headings 9014 or 9015; stroboscopes

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

9030

Oscilloscopes, spectrum analysers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading 9028; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionizing radiations

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

9031

Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this Chapter; profile projectors

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

9032

Automatic regulating or controlling instruments and apparatus

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

9033

Parts and accessories (not specified or included elsewhere in this Chapter) for machines, appliances, instruments or apparatus of Chapter 90

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

ex Chapter 91

Clocks and watches and parts thereof; except for:

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

9105

Other clocks

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9109

Clock movements, complete and assembled

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9110

Complete watch or clock movements, unassembled or partly assembled (movement sets); incomplete watch or clock movements, assembled; rough watch or clock movements

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,

where, within the above limit, the materials classified within heading 9114 are only used up to a value of 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9111

Watch cases and parts thereof

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9112

Clock cases and cases of a similar type for other goods of this Chapter, and parts thereof

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 40 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9113

Watch straps, watch bands and watch bracelets, and parts thereof:

 

 

 

Of base metal, whether or not gold- or silver-plated, or of metal clad with precious metal

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

 

Other

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

Chapter 92

Musical instruments; parts and accessories of such articles

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

Chapter 93

Arms and ammunition; parts and accessories thereof

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

ex Chapter 94

Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex works price of the product

ex 9401 and

ex 9403

Base metal furniture, incorporating unstuffed cotton cloth of a weight of 300 g/m2 or less

Manufacture in which all the materials used are classified in a heading other than that of the product

or

Manufacture from cotton cloth already made up in a form ready for use of heading 9401 or 9403, provided:

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

 

 

its value does not exceed 25 % of the ex-works price of the product,

all the other materials used are already originating and are classified in a heading other than heading 9401 or 9403

 

9405

Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

9406

Prefabricated buildings

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

ex Chapter 95

Toys, games and sports requisites; parts and accessories thereof; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

9503

Other toys; reduced-size (scale) models and similar recreational models, working or not; puzzles of all kinds

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

ex 9506

Golf clubs and parts thereof

Manufacture in which all the materials used are classified within a heading other than that of the product. However, roughly shaped blocks for making golf club heads may be used

 

ex Chapter 96

Miscellaneous manufactured articles; except for:

Manufacture in which all the materials used are classified within a heading other than that of the product

 

ex 9601 and

ex 9602

Articles of animal, vegetable or mineral carving materials

Manufacture from ‘worked’ carving materials of the same heading

 

ex 9603

Brooms and brushes (except for besoms and the like and brushes made from marten or squirrel hair), hand-operated mechanical floor sweepers, not motorised, paint pads and rollers, squeegees and mops

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

9605

Travel sets for personal toilet, sewing or shoe or clothes cleaning

Each item in the set must satisfy the rule, which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided their total value does not exceed 15 % of the ex-works price of the set

 

9606

Buttons, press-fasteners, snap-fasteners and press-studs, button moulds and other parts of these articles; button blanks

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

9612

Typewriter or similar ribbons, inked or otherwise prepared for giving impressions, whether or not on spools or in cartridges; ink-pads, whether or not inked, with or without boxes

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

ex 9613

Lighters with piezo-igniter

Manufacture in which the value of all the materials of heading 9613 used does not exceed 30 % of the ex-works price of the product

 

ex 9614

Smoking pipes and pipe bowls

Manufacture from roughly shaped blocks

 

Chapter 97

Works of art, collectors' pieces and antiques

Manufacture in which all the materials used are classified within a heading other than that of the product

 


(1)  For the special conditions relating to ‘specific processes’ see Introductory Note 7.

(2)  Note 3 to Chapter 32 says that these preparations are those of a kind used for colouring any material or used as ingredients in the manufacturing of colouring preparations, provided they are not classified in another heading in Chapter 32.

(3)  A ‘group’ is regarded as any part of the heading separated from the rest by a semi-colon.

(4)  In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.

(5)  The following foils shall be considered as highly transparent: foils, the optical dimming of which – measured according to ASTM-D 1003-16 by Gardner Hazemeter (i.e. Hazefactor) – is less than 2 %.

(6)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

(7)  The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.

(8)  See Introductory Note 6.

(9)  For knitted or crocheted articles, not elastic or rubberised, obtained by sewing or assembly pieces of knitted or crocheted fabrics (cut out or knitted directly to shape), see Introductory Note 6.

(10)  This rule shall apply until 31 December 2005.

ANNEX IIa TO PROTOCOL 4

LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCTS MANUFACTURED REFERRED TO IN ARTICLE 6(2) CAN OBTAIN ORIGINATING STATUS.

HS heading

Description of product

Working or processing carried out on non-originating materials that confers originating status

(1)

(2)

(3) or (4)

3205

Colour lakes; preparations as specified in Note 3 to this Chapter based on colour lakes (1)

Manufacture from materials of any heading, except headings 3203, 3204 and 3205. However, materials from heading 3205 may be used provided their value does not exceed 30 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

3301

Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils

Manufacture from materials of any heading, including materials of a different ‘group’ (2) in this heading. However, materials of the same group may be used, provided their value does not exceed 30 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

3303

Perfumes and toilet waters

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 30 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

3304

Beauty or make-up preparations and preparations for the care of skin (other than medicaments), including sun screen or sun tan preparations; manicure or pedicure preparations

Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 30 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

8415

Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

8501

Electric motors and generators (excluding generating sets)

Manufacture:

in which the value of all the materials used does not exceed 50 % of the ex-works price of the product;

where, within the above limit, the materials classified within heading 8503 are only used up to a value of 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

8528

Reception apparatus for television, whether or not incorporating radio broadcast receivers or sound or video recording or reproducing apparatus; video monitors and video projectors

Manufacture:

in which the value of all the materials used does not exceed 40 % of the ex-works price of the product;

where the value of all the non-originating materials used does not exceed the value of the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex 8712

Bicycles without ball bearings

Manufacture from materials not classified in heading 8714

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

8714

Parts and accessories of vehicles of vehicles of heading Nos 8711 to 8713

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

 

8716

Trailers and semi-trailers; other vehicles, not mechanically propelled; parts thereof

Manufacture in which:

all the materials used are classified within a heading other than that of the product,

the value of all the materials used does not exceed 50 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product


(1)  Note 3 to Chapter 32 says that these preparations are those of a kind used for colouring any material or used as ingredients in the manufacturing of colouring preparations, provided they are not classified in another heading in Chapter 32.

(2)  A ‘group’ is regarded as any part of the heading separated from the rest by a semi-colon.

ANNEX III TO PROTOCOL 4

LIST OF PRODUCTS ORIGINATING IN TURKEY TO WHICH THE PROVISIONS OF ARTICLE 4 DO NOT APPLY, LISTED IN THE ORDER OF HARMONISED SYSTEM CHAPTERS AND HEADINGS

Chapter 1

 

Chapter 2

 

Chapter 3

 

0401 to 0402

 

ex 0403

Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit or cocoa

0404 to 0410

 

0504

 

0511

 

Chapter 6

 

0701 to 0709

 

ex 0710

Vegetables (uncooked or cooked by steaming or boiling in water), frozen

ex 0711

Vegetables, except sweet corn of heading 0711 90 30, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

0712 to 0714

 

Chapter 8

 

ex Chapter 9

Coffee, tea, and spices, excluding maté of heading 0903

Chapter 10

 

Chapter 11

 

Chapter 12

 

ex 1302

Pectin

1501 to 1514

 

ex 1515

Other fixed vegetable fats and oils (excluding jojoba oil and its fractions) and their fractions, whether or not refined, but not chemically modified

ex 1516

Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared, excluding hydrogenated castor oil known as ‘opal-wax’

ex 1517 and

ex 1518

Margarines, imitation lard and other prepared edible fats

ex 1522

Residues resulting from the treatment of fatty substances or animal or vegetable waxes, excluding degras

Chapter 16

 

1701

 

ex 1702

Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel excluding that of headings 1702 11 00, 1702 30 51, 1702 30 59, 1702 50 00 and 1702 90 10

1703

 

1801 and 1802

 

ex 1902

Pasta, stuffed, containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates, sausages and the like or meat and meat offal of any kind, including fats of all kinds

ex 2001

Cucumbers and gherkins, onions, mango chutney, fruit of the genus Capsicum other than sweet peppers or pimentos, mushrooms and olives, prepared or preserved by vinegar or acetic acid

2002 and 2003

 

ex 2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006, excluding potatoes in the form of flour or meal and flakes of sweet corn

ex 2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006, excluding potato and sweet corn products

2006 and 2007

 

ex 2008

Fruits, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding peanut butter, palm hearts, maize, yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, vine leaves, hop shoots and other similar edible parts of plants

2009

 

ex 2106

Flavoured and coloured sugars, syrups and molasses

2204

 

2206

 

ex 2207

Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher obtained from agricultural produce listed here

ex 2208

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol obtained from agricultural produce listed here.

2209

 

Chapter 23

 

2401

 

4501

 

5301 and 5302

 

ANNEX IV TO PROTOCOL 4

Movement certificate EUR1 and application for a movement certificate EUR1

Printing instructions

1.

Each form shall measure 210 x 297 mm; a tolerance of up to minus 5 mm or plus 8 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

2.

The competent authorities of the Member States of the Community and of Egypt may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.

Image

Image

Image

Image

ANNEX V TO PROTOCOL 4

INVOICE DECLARATION

The invoice declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

English version

The exporter of the products covered by this document (customs authorisation No... (1)) declares that, except where otherwise clearly indicated, these products are of ... preferential origin (2)

Spanish version

El exportador de los productos incluidos en el presente documento (autorización aduanera No ... (1) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial ... (2)

Danish version

Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. ... (1))erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i ... (2)

German version

Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. ... (1)), der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte ... Ursprungswaren sind (2)

Greek version

Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπάριθ. .... (1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής .... (2) .

French version

L'exportateur des produits couverts par le présent document (autorisation douanière No ... déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle ... (1)

Italian version

L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. ... (1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale ... (2)

Dutch version

De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. ... (1)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële ... oorsprong zijn (2)

Portuguese version

O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorização aduaneira No ... (1)) declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial ... (2)

Finnish version

Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupan:o ... (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja ... alkuperätuotteita (2)

Swedish version

Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr. ... (1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande ... ursprung (2)

Arabic version

........

................................ (3)

(Place and date)

................................ (4)

(Signature of the exporter; in addition the name of the person signing the declaration has to be indicated in clear script)


(1)  When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.

(2)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’.

(3)  These indications may be omitted if the information is contained on the document itself.

(4)  See Article 21(5) of the Protocol. In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.

ANNEX VI TO PROTOCOL 4

JOINT DECLARATION ON THE TRANSITIONAL PERIOD CONCERNING THE ISSUING OR MAKING OUT OF DOCUMENTS RELATING TO THE PROOF OF ORIGIN

1.

During 12 months following the entry into force of the Agreement, the competent customs authorities of the Community and of Egypt shall accept as valid proof of origin within the meaning of Protocol 4, movement certificates EUR1 and EUR2 forms, issued within the context of the Cooperation Agreement signed on 18 January 1977.

2.

Requests for subsequent verification of documents referred to above shall be accepted by the competent customs authorities of the Community and of Egypt for a period of two years after the issuing and making out of the proof of origin concerned. These verifications shall be carried out in accordance with Title VI of Protocol 4 to this Agreement.

JOINT DECLARATION CONCERNING THE PRINCIPALITY OF ANDORRA

1.

Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonised System shall be accepted by Egypt as originating in the Community within the meaning of this Agreement.

2.

Protocol 4 shall apply, mutatis mutandis, for the purpose of defining the originating status of the abovementioned products.

JOINT DECLARATION CONCERNING THE REPUBLIC OF SAN MARINO

1.

Products originating in the Republic of San Marino shall be accepted by Egypt as originating in the Community within the meaning of this Agreement.

2.

Protocol 4 shall apply, mutatis mutandis, for the purpose of defining the originating status of the abovementioned products.

JOINT DECLARATION ON CUMULATION OF ORIGIN

The Community and Egypt recognise the important role of cumulation of origin in encouraging the smooth development towards a free trade area between all Mediterranean partners participating in the Barcelona process.

The Community agrees to negotiate and conclude agreements with Mediterranean Partner states, especially Mashrek/Maghreb States at the request of the latter, to apply the rule of cumulation of origin once the concerned partners agree to apply identical rules of origin.

The Parties furthermore declare that differences in the types of cumulation already in force in the participating countries should not constitute a barrier to achieving this goal. For that purpose they will immediately after the signature of the Agreement start to examine the possibilities of cumulation with the said countries during the transitional period, especially in sectors where the concerned Mediterranean countries apply identical rules of origin.

The Community will provide assistance to the concerned partners in order to achieve cumulation of rules of origin.

JOINT DECLARATION ON PROCESSING REQUIREMENTS CONTAINED IN ANNEX II

Both Parties agree with the processing requirement contained in Annex II and II(a) to Protocol 4.

Nevertheless the Community will examine a limited number of requests of derogation presented by Egypt, duly motivated, provided these are not of a nature to compromise achievements on the introduction of cumulation between the Euro-Mediterranean Parties.

PROTOCOL 5

on mutual assistance between administrative authorities in customs matters

Article 1

Definitions

For the purposes of this Protocol:

(a)

‘customs legislation’ shall mean any legal or regulatory provisions applicable in the territories of the Parties governing the import, export, and transit of goods and their placing under any other customs regime or procedure, including measures of prohibition, restriction and control;

(b)

‘applicant authority’ shall mean a competent administrative authority which has been designated by one of the Parties for this purpose and which makes a request for assistance on the basis of this Protocol;

(c)

‘requested authority’ shall mean a competent administrative authority which has been designated by one of the Parties for this purpose and which receives a request for assistance on the basis of this Protocol;

(d)

‘personal data’ shall mean all information relating to an identified or identifiable individual;

(e)

‘operation in breach of customs legislation’ shall mean any violation or attempted violation of customs legislation.

Article 2

Scope

1.   The Parties shall assist each other, in the areas within their competence, in the manner and under the conditions laid down in this Protocol, to ensure the correct application of the customs legislation, in particular by preventing, investigating and combating operations in breach of that legislation.

2.   Assistance in customs matters, as provided for in this Protocol, shall apply to any administrative authority of the Parties which is competent for the application of this Protocol. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover information obtained under powers exercised at the request of a judicial authority, except where communication of such information is authorised by that authority.

3.   Assistance to recover duties, taxes or fines is not covered by this protocol.

Article 3

Assistance on request

1.   At the request of the applicant authority, the requested authority shall provide it with all relevant information which may enable it to ensure that customs legislation is correctly applied, including information regarding activities noted or planned which are or could be operations in breach of customs legislation.

2.   At the request of the applicant authority, the requested authority shall inform it:

(a)

whether goods exported from the territory of one of the Parties have been properly imported into the territory of another Party, specifying, where appropriate, the customs procedure applied to the goods;

(b)

whether goods imported into the territory of one of the Parties have been properly exported from the territory of the other Party, specifying, where appropriate, the customs procedure applied to the goods.

3.   At the request of the applicant authority, the requested authority shall, within the framework of its legal or regulatory provisions, take the necessary steps to ensure special surveillance of:

(a)

natural or legal persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation;

(b)

places where stocks of goods have been or may be assembled in such a way that there are reasonable grounds for believing that these goods are intended to be used in operations in breach of customs legislation;

(c)

goods that are or may be transported in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation;

(d)

means of transport that are or may be used in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation.

Article 4

Spontaneous assistance

The Parties shall assist each other, at their own initiative and in accordance with their legal or regulatory provisions, if they consider that to be necessary for the correct application of customs legislation, particularly by providing information obtained pertaining to:

activities which are or appear to be operations in breach of customs legislation and which may be of interest to another Party,

new means or methods employed in carrying out operations in breach of customs legislation,

goods known to be subject to operations in breach of customs legislation,

natural or legal persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation,

means of transport in respect of which there are reasonable grounds for believing that they have been, are, or may be used in operations in breach of customs legislation.

Article 5

Delivery, notification

At the request of the applicant authority, the requested authority shall, in accordance with legal or regulatory provisions applicable to the latter, take all necessary measures in order:

to deliver any documents, or

to notify any decisions,

emanating from the applicant authority and falling within the scope of this Protocol, to an addressee residing or established in the territory of the requested authority.

Requests for delivery of documents or notification of decisions shall be made in writing in an official language of the requested authority or in a language acceptable to that authority.

Article 6

Form and substance of requests for assistance

1.   Requests pursuant to this Protocol shall be made in writing. They shall be accompanied by the documents necessary to enable compliance with the request. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.

2.   Requests pursuant to paragraph 1 shall include the following information:

(a)

the applicant authority;

(b)

the measure requested;

(c)

the object of and the reason for the request;

(d)

the legal or regulatory provisions and other legal elements involved;

(e)

indications as exact and comprehensive as possible on the natural or legal persons who are the target of the investigations;

(f)

a summary of the relevant facts and of the enquiries already carried out.

3.   Requests shall be submitted in an official language of the requested authority or in a language acceptable to that authority. This requirement shall not apply to any documents that accompany the request under paragraph 1.

4.   If a request does not meet the formal requirements set out above, its correction or completion may be requested; in the meantime precautionary measures may be ordered.

Article 7

Execution of requests

1.   In order to comply with a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out. This provision shall also apply to any other authority to which the request has been addressed by the requested authority when the latter cannot act on its own.

2.   Requests for assistance shall be executed in accordance with the legal or regulatory provisions of the requested Party.

3.   Duly authorised officials of one of the Parties may, with the agreement of the other Party involved and subject to the conditions laid down by the latter, be present to obtain in the offices of the requested authority or any other concerned authority in accordance with paragraph 1, information relating to activities that are or may be operations in breach of customs legislation which the applicant authority needs for the purposes of this Protocol.

4.   Duly authorised officials of one of the Parties may, with the agreement of the other Party involved and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter's territory.

Article 8

Form in which information is to be communicated

1.   The requested authority shall communicate results of enquiries to the applicant authority in writing together with relevant documents, certified copies or other items.

2.   This information may be in computerised form.

3   Original files and documents shall be transmitted only upon request in cases where certified copies would be insufficient. These originals shall be returned at the earliest opportunity.

Article 9

Exceptions to the obligation to provide assistance

1.   Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where a Party is of the opinion that assistance under this Protocol would:

(a)

be likely to prejudice the sovereignty of Egypt or that of a Member State which has been requested to provide assistance under this Protocol; or

(b)

be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 10(2); or

(c)

violate an industrial, commercial or professional secret.

2.   Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.

3.   Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.

4.   For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons therefor must be communicated to the applicant authority without delay.

Article 10

Information exchange and confidentiality

1.   Any information communicated in whatsoever form pursuant to this Protocol shall be of a confidential or restricted nature, depending on the rules applicable in each of the Parties. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws of the Party that received it and the corresponding provisions applying to the Community authorities.

2.   Personal data may be exchanged only where the Party which may receive it undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the Party that may supply it. To this end, the Parties communicate each other information on their applicable rules, including, where appropriate, legal provisions in force in the Member States of the Community.

3.   The use, in judicial or administrative proceedings instituted in respect of operations in breach of customs legislation, of information obtained under this Protocol, is considered to be for the purposes of this Protocol. Therefore, the Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Protocol. The competent authority which supplied that information or gave access to those documents shall be notified of such use.

4.   Information obtained shall be used solely for the purposes of this Protocol. Where one of the Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information. Such use shall then be subject to any restrictions laid down by that authority.

Article 11

Experts and witnesses

An official of a requested authority may be authorised to appear, within the limitations of the authorisation granted, as an expert or witness in judicial or administrative proceedings regarding the matters covered by this Protocol, and produce such objects, documents or certified copies thereof, as may be needed for the proceedings. The request for appearance must indicate specifically before which judicial or administrative authority the official will have to appear, on what matters and by virtue of what title or qualification the official will be questioned.

Article 12

Assistance expenses

The Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Protocol, except, as appropriate, for expenses to experts and witnesses, and those to interpreters and translators who are not public service employees.

Article 13

Implementation

1.   The implementation of this Protocol shall be entrusted on the one hand to the customs authorities of Egypt and on the other hand to the competent services of the Commission of the European Communities and the customs authorities of the Member States as appropriate. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration the rules in force in particular in the field of data protection. They may recommend to the competent bodies amendments which they consider should be made to this Protocol.

2.   Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Protocol.

Article 14

Other agreements

1.   Taking into account the respective competencies of the European Community and the Member States, the provisions of this Protocol shall:

not affect the obligations of the Parties under any other international agreement or convention,

be deemed complementary with agreements on mutual assistance which have been or may be concluded between individual Member States and Egypt, and

not affect the Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States of any information obtained under this Protocol which could be of interest to the Community.

2.   Notwithstanding the provisions of paragraph 1, the provisions of this Protocol shall take precedence over the provisions of any bilateral agreement on mutual assistance which has been or may be concluded between individual Member States and Egypt insofar as the provisions of the latter are incompatible with those of this Protocol.

3.   In respect of questions relating to the applicability of this Protocol, the Parties shall consult each other to resolve the matter in the framework of the Association Committee.

FINAL ACT

The Plenipotentiaries of:

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY and the Treaty establishing the EUROPEAN COAL AND STEEL COMMUNITY, hereinafter referred to as the ‘Member States’, and

of the THE EUROPEAN COMMUNITY and the THE EUROPEAN COAL AND STEEL COMMUNITY, hereinafter referred to as ‘the Community’,

of the one part, and

the plenipotentiaries of the ARAB REPUBLIC OF EGYPT, hereinafter referred to as ‘Egypt’,

of the other part,

meeting at Luxembourg on 25 June 2001 for the signature of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, hereinafter referred to as ‘Euro-Mediterranean Agreement’, have adopted the following texts:

the Euro-Mediterranean Agreement, the Annexes thereto and the following Protocols:

Protocol 1

concerning the arrangements applicable to imports into the Community of agricultural products originating in Egypt

Protocol 2

concerning the arrangements applicable to imports into Egypt of agricultural products originating in the Community

Protocol 3

concerning the arrangements applicable to processed agricultural products

Protocol 4

concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

Protocol 5

on mutual assistance between administrative authorities in customs matters.

The plenipotentiaries of the Member States and of the Community and the plenipotentiary of Egypt have adopted the texts of the Joint Declarations listed below and annexed to this Final Act:

 

Joint Declaration on Article 3(2) of the Agreement

 

Joint Declaration on Article 14 of the Agreement

 

Joint Declaration on Article 18 of the Agreement

 

Joint Declaration on Article 34 of the Agreement

 

Joint Declaration on Article 37 of, and Annex VI to, the Agreement

 

Joint Declaration on Article 39 of the Agreement

 

Joint Declaration on Title VI, Chapter 1, of the Agreement

 

Joint Declaration on the protection of data.

The plenipotentiaries of the Member States and the plenipotentiary of Egypt take note of the following Unilateral Declarations by the European Community:

 

Declaration by the European Community on Article 11 of the Agreement

 

Declaration by the European Community on Article 19 of the Agreement

 

Declaration by the European Community on Article 21 of the Agreement

 

Declaration by the European Community on Article 34 of the Agreement

 

Declaration by the European Community

The plenipotentiaries of the Member States and of the Community and the plenipotentiary of Egypt have also taken note of the Agreement in the form of an Exchange of Letters mentioned below and attached to this Final Act:

Agreement in the form of an Exchange of Letters between the Community and Egypt concerning imports into the Community of fresh cut flowers and flower buds falling within subheading 0603 10 of the Common Customs Tariff.

Hecho en Luxemburgo, el veinticinco de junio de dos mil uno.

Udfærdiget i Luxembourg den femogtyvende juni to tusind og et.

Geschehen zu Luxemburg am fünfundzwanzigsten Juni zweitausendundeins.

Έγινε στο Λουξεμβούργο, στις είκοσι πέντε Ιουνίου δύο χιλιάδες ένα.

Done at Luxembourg on the twenty-fifth day of June in the year two thousand and one.

Fait à Luxembourg, le vingt-cinq juin deux mille un.

Fatto a Lussemburgo, addì venticinque giugno duemilauno.

Gedaan te Luxemburg, de vijfentwintigste juni tweeduizendeneen.

Feito no Luxemburgo, em vinte e cinco de Junho de dois mil e um.

Tehty Luxemburgissa kahdentenakymmenentenäviidentenä päivänä kesäkuuta vuonna kaksituhattayksi.

Som skedde i Luxemburg den tjugofemte juni tjugohundraett.

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Pour le Royaume de Belgique

Voor het Koninkrijk België

Für das Königreich Belgien

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Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.

Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.

Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

På Kongeriget Danmarks vegne

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Für die Bundesrepublik Deutschland

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Για την Ελληνική Δημοκρατία

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Por el Reino de España

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Pour la République française

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Thar cheann Na hÉireann

For Ireland

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Per la Repubblica italiana

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Pour le Grand-Duché de Luxembourg

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Voor het Koninkrijk der Nederlanden

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Für die Republik Österreich

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Pela República Portuguesa

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Suomen tasavallan puolesta

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För Konungariket Sverige

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For the United Kingdom of Great Britain and Northern Ireland

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Por las Comunidades Europeas

For De Europæiske Fællesskaber

Für die Europäischen Gemeinschaften

Για τις Ευρωπαïκές Κοινότητες

For the European Communities

Pour les Communautés européennes

Per le Comunità europee

Voor de Europese Gemeenschappen

Pelas Comunidades Europeias

Euroopan yhteisöjen puolesta

På Europeiska gemenskapernas vägnar

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JOINT DECLARATIONS

JOINT DECLARATION ON ARTICLE 3(2)

It is understood that the political dialogue and cooperation will also cover issues relating to the fight against terrorism.

JOINT DECLARATION ON ARTICLE 14

Both Parties agree to negotiate with a view to granting each other concessions in the trade of fish and fishery products on the basis of reciprocity and mutual interest, with the objective of reaching agreement on the details no later than one year after the signature of this Agreement.

JOINT DECLARATION ON ARTICLE 18

In case of serious difficulties arising in relation to the level of imports under the agreement the provisions providing for consultation between the Parties may be used, urgently where necessary.

JOINT DECLARATION ON ARTICLE 34

The Parties recognise that Egypt is currently in the process of drafting its own competition law. This will provide the necessary conditions for agreeing on the implementation rules referred to in Article 34(2). While drafting its law, Egypt will take into account the competition rules developed within the European Union.

Until the implementation rules referred to in Article 34(2) are adopted, if serious problems arise, the Parties may raise the matter for consideration in the Association Council.

JOINT DECLARATION ON ARTICLE 37 AND ANNEX VI

For the purpose of this Agreement, intellectual property includes, in particular, copyright, including copyright in computer programmes, and neighbouring rights, patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits, as well as the protection against unfair competition as referred to in Article 10 bis of the Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967) and protection of undisclosed information on ‘know-how’.

JOINT DECLARATION ON ARTICLE 39

The Parties agree that, in the event of a serious disequilibrium in their overall balance of trade, which threatens trade relations, either Party may call for consultations within the Association Committee in order to promote, in line with Article 39, balanced economic relations and to consider ways to sustainably improve the situation with a view to reduce the imbalances.

JOINT DECLARATION ON TITLE VI CHAPTER 1

The Parties agree to endeavour to facilitate the issuing of visas to bona fide persons active in the implementation of this Agreement, including, inter alia, business persons, investors, academics, trainees, government officials; first degree family members of persons legally resident in the territory of the other party shall also be considered.

JOINT DECLARATION ON THE PROTECTION OF DATA

The Parties agree that the protection of data will be guaranteed in all areas where the exchange of personal data is envisaged.

DECLARATIONS BY THE EUROPEAN COMMUNITY

DECLARATION BY THE EUROPEAN COMMUNITY ON ARTICLE 11

When consultations are requested as provided for in the last paragraph of Article 11, the Community will be ready to hold consultations within 30 days of the exceptional measures being notified to the Association Committee by Egypt.

The purpose of such consultations will be to ensure that the measures concerned are in accordance with the provisions of Article 11, and the Community will not oppose the adoption of the measures if these conditions are met.

DECLARATION BY THE EUROPEAN COMMUNITY ON ARTICLE 19

The special provisions applied by the Community to the Canary Islands, referred to in Article 19(2) are those provided for by Council Regulation (EEC) No 1911/91 of 26 June 1991.

DECLARATION BY THE EUROPEAN COMMUNITY ON ARTICLE 21

The Community is prepared to hold meetings at official level, at Egypt's request, to provide information on any modifications which may have been introduced in its trade relations with third countries.

DECLARATION BY THE EUROPEAN COMMUNITY ON ARTICLE 34

The Community declares that, until the adoption by the Association Council of the implementing rules on fair competition referred to in Article 34(2), in the context of the interpretation of Article 34(1), it will assess any practice contrary to that Article on the basis of the criteria resulting from the rules contained in Articles 81, 82 and 87 of the Treaty establishing the European Community, and, for products covered by the Treaty establishing the European Coal and Steel Community, by those contained in Articles 65 and 66 of that Treaty and the Community rules on State aid, including secondary legislation.

The Community declares that, as regards the agricultural products referred to in Title II Chapter 3, the Community will assess any practice contrary to paragraph 1(i) of Article 34 according to the criteria established by the Community on the basis of Articles 36 and 37 of the Treaty establishing the European Community and in particular those established in Council Regulation No 26/62 as amended, and any practice contrary to paragraph 1(iii) of Article 34 according to the criteria established by the European Community on the basis of Articles 36 and 87 of the Treaty establishing the European Community.

DECLARATION BY THE EUROPEAN COMMUNITY

The provisions of the Agreement that fall within the scope of Part III, Title IV of the Treaty establishing the European Community bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Community, until the United Kingdom or Ireland (as the case may be) notifies the Arab Republic of Egypt that it has become bound as part of the European Community in accordance with the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community. The same applies to Denmark, in accordance with the Protocol annexed to those Treaties on the position of Denmark.

AGREEMENT

in the form of an Exchange of Letters between the Community and Egypt concerning imports into the Community of fresh cut flowers and flowers and flower buds falling within subheading 0603 10 of the Common Customs Tariff

Sir,

The following was agreed between the Community and Egypt:

Protocol 1 of the Euro-Mediterranean Agreement provides for the elimination of customs duties on imports into the Community of cut flowers and flower buds, fresh, falling within subheading 0603 10 of the Common Customs Tariff and originating in Egypt, subject to a limit of 3 000 tonnes.

Egypt undertakes to abide by the conditions laid down below for imports into the Community of roses and carnations which qualify for the elimination of this tariff:

the price level of imports into the Community must be at least equal to 85 % of the Community price level for the same products over the same periods,

the Egyptian price level shall be determined by recording the prices of the imported products, on representative Community import markets,

the Community price level shall be based on the producer prices recorded on representative markets of the main producer Member States,

price levels will be recorded on a fortnightly basis and weighted by the respective quantities. This provision is valid for Community prices and for Egyptian prices,

for both Community producer prices and the import prices of Egyptian products, a distinction shall be made between large-flowered and small-flowered roses and between unifloral and multifloral carnations,

if the Egyptian price level for any one type of product is below 85 % of the Community price level, the tariff preference shall be suspended. The Community shall reinstate the tariff preference when an Egyptian price level equal to 85 % or more of the Community price level is recorded.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.

Please accept, Sir, the assurance of my highest consideration.

For the European Community

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

‘The following was agreed between the Community and Egypt:

Protocol 1 of the Euro-Mediterranean Agreement provides for the elimination of customs duties on imports into the Community of cut flowers and flower buds, fresh, falling within subheading 0603 10 of the Common Customs Tariff and originating in Egypt, subject to a limit of 3 000 tonnes.

Egypt undertakes to abide by the conditions laid down below for imports into the Community of roses and carnations which qualify for the elimination of this tariff:

the price level of imports into the Community must be at least equal to 85 % of the Community price level for the same products over the same periods,

the Egyptian price level shall be determined by recording the prices of the imported products on representative Community import markets,

the Community price level shall be based on the producer prices recorded on representative markets of the main producer Member States,

price levels will be recorded on a fortnightly basis and weighted by the respective quantities. This provision is valid for Community prices and for Egyptian prices,

for both Community producer prices and the import prices of Egyptian products, a distinction shall be made between large-flowered and small-flowered roses and between unifloral and multifloral carnations,

if the Egyptian price level for any one type of product is below 85 % of the Community price level, the tariff preference shall be suspended. The Community shall reinstate the tariff preference when an Egyptian price level equal to 85 % or more of the Community price level is recorded.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.’

I have the honour to confirm that my Government is in agreement with the contents of your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Arab Republic of Egypt


30.9.2004   

EN

Official Journal of the European Union

L 304/209


COUNCIL DECISION

of 29 April 2004

on the conclusion by the European Community of the Protocol on the accession of the European Community to the European Organisation for the Safety of Air Navigation

(2004/636/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament (1),

Whereas:

(1)

The congestion of airspace and the forthcoming implementation of the Single European Sky call for urgent measures to be undertaken at Community level and within the framework of the European Organisation for the Safety of Air Navigation (Eurocontrol).

(2)

The Community has exclusive competence or competence shared with its Member States in certain areas covered by the Eurocontrol International convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960, as variously amended, and as consolidated by the Protocol opened for signature on 27 June 1997 (the revised Convention). The accession of the Community to Eurocontrol for the purpose of exercising such competence is permitted under Article 40 of the revised Convention.

(3)

The Commission has negotiated with the Contracting Parties to Eurocontrol on behalf of the Community a Protocol on the accession of the European Community to Eurocontrol (the Protocol).

(4)

The Protocol was signed in Brussels on 8 October 2002 on behalf of the Community, subject to its conclusion.

(5)

In keeping with the mutual cooperation obligations of the Community and the Member States, the Community and the Member States which are members of Eurocontrol should simultaneously ratify the Protocol and the revised Convention in order to ensure the full, uniform application of the provisions thereof within the Community.

(6)

The Protocol should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol on the accession of the European Community to the European Organisation for the Safety of Air Navigation is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of ratification with the Government of the Kingdom of Belgium on behalf of the Community, in accordance with Article 9(2) of the Protocol, together with the declaration of competence attached to this Decision.

The instrument of ratification of the Protocol by the Community shall be deposited simultaneously with the instruments of ratification of the Protocol and of the revised Convention by all the Member States.

Done at Luxembourg, 29 April 2004.

For the Council

The President

M. McDOWELL


(1)  Opinion delivered on 20 April 2004 (not yet published in the Official Journal).


PROTOCOL

on the accession of the European Community to the Eurocontrol International Convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960, as variously amended and as consolidated by the Protocol of 27 June 1997

THE REPUBLIC OF ALBANIA,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF AUSTRIA,

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF CROATIA,

THE KINGDOM OF DENMARK,

THE KINGDOM OF SPAIN,

THE REPUBLIC OF FINLAND,

THE FRENCH REPUBLIC,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

THE HELLENIC REPUBLIC,

THE REPUBLIC OF HUNGARY,

IRELAND,

THE ITALIAN REPUBLIC,

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,

THE GRAND DUCHY OF LUXEMBOURG,

THE REPUBLIC OF MALTA,

THE REPUBLIC OF MOLDOVA,

THE PRINCIPALITY OF MONACO,

THE KINGDOM OF NORWAY,

THE KINGDOM OF THE NETHERLANDS,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF SLOVENIA,

THE KINGDOM OF SWEDEN,

THE SWISS CONFEDERATION,

THE CZECH REPUBLIC,

THE REPUBLIC OF TURKEY,

and

THE EUROPEAN COMMUNITY,

HAVING REGARD to the Eurocontrol International Convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960, as amended by the Additional Protocol of 6 July 1970, in turn amended by the Protocol of 21 November 1978, all amended by the Protocol of 12 February 1981, and as amended and consolidated by the Protocol of 27 June 1997, hereinafter referred to as ‘the Convention’international cooperation, and in particular Article 40 thereof,

HAVING REGARD to the responsibilities granted by the Treaty establishing the European Community of 25 March 1957, as revised by the Amsterdam Treaty of 2 October 1997, to the European Community in certain areas covered by the Convention,

HAVE AGREED AS FOLLOWS:

Article 1

The European Community, within the framework of its competence, accedes to the Convention on the terms and conditions laid down in this Protocol, in accordance with Article 40 of the Convention.

Article 2

For the European Community, within the framework of its competence, the Convention shall apply to en-route air navigation services and related approach and aerodrome services for air traffic in the Flight Information Regions of its Member States listed in Annex II to the Convention, which are within the limits of the territorial applicability of the Treaty establishing the European Community.

The application of this Protocol to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.

Application of this Protocol to Gibraltar airport shall be suspended until the arrangements in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 have come into operation. The Governments of Spain and the United Kingdom will inform the other Contracting Parties to this Protocol of such date of entry into operation.

Article 3

Subject to the provisions of this Protocol, provisions in the Convention shall be so interpreted as to also include the European Community within the framework of Community competence, and the various terms used to designate the Contracting Parties to the Convention and their representatives are to be understood accordingly.

Article 4

The European Community will not contribute to the budget of Eurocontrol.

Article 5

Without prejudice to the exercise of its voting rights under Article 6, the European Community shall be entitled to be represented and involved in the work of all bodies of Eurocontrol in which any of its Member States is entitled to be represented as a Contracting Party, and where matters falling within its competence may be dealt with, with the exception of bodies which have an audit function.

In all bodies of Eurocontrol where it may participate, the European Community will present its positions, within the framework of its competence, in accordance with its institutional rules.

The European Community may not submit candidates for membership of elected Eurocontrol bodies, nor may it submit candidates for office on the bodies in which it is entitled to participate.

Article 6

1.   For decisions in matters where the European Community has exclusive competence and for the purpose of the application of the rules provided for in Article 8 of the Convention, the European Community shall exercise the voting rights of its Member States under the Convention, and the votes and weighted votes so cast by the European Community shall be cumulated for the determination of the majorities provided for in the said Article 8 of the Convention. When the Community votes, its Member States shall not vote.

For the purpose of deciding on the number of Contracting Parties to the Convention required for a request for decision-making by a three-quarters majority, as stipulated at the end of the first subparagraph of Article 8.2, the Community shall be considered as representing its Member States, which are Members of Eurocontrol.

2.   A decision proposed with respect to a specific item to be voted on by the European Community shall be postponed if a Contracting Party to the Convention that is not a member of the European Community so requests. The postponement shall be used for consultations between the Contracting Parties to the Convention, assisted by the Eurocontrol Agency, on the decision proposed. In the event of such a request, the taking of the decision may be postponed for a maximum period of six months.

For decisions in matters where the European Community has no exclusive competence, Member States of the European Community shall vote in accordance with their voting rights as provided for in Article 8 of the Convention, and the European Community shall not vote.

3.   The European Community shall inform on a case-by-case basis the other Contracting Parties to the Convention of the cases where, with regard to the various items of the agendas of the General Assembly, the Council and other deliberating bodies to which the General Assembly and the Council have delegated powers, it will exercise the voting rights provided for in paragraph 1 above. This obligation shall also apply when decisions are taken by correspondence.

Article 7

The scope of the competence transferred to the Community is indicated in general terms in a written declaration made by the European Community at the time of the signature of this Protocol.

This declaration may be modified as appropriate by notification from the European Community to Eurocontrol. It does not replace or in any way limit the matters that may be covered by the notifications of Community competence to be made prior to Eurocontrol decision-making by means of formal voting or otherwise.

Article 8

Article 34 of the Convention shall apply to any dispute arising between two or more Contracting Parties to this Protocol or between one or more Contracting Parties to this Protocol and Eurocontrol relating to the interpretation, application or performance of this Protocol, including its existence, validity and termination.

Article 9

1.   This Protocol shall be opened for signature by all States signatories to the Protocol consolidating the Eurocontrol International Convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960, as variously amended, opened for signature on 27 June 1997, hereinafter referred to as ‘the Consolidating Protocol’, and the European Community.

It shall also be opened, prior to the date of its entry into force, for signature by any State, duly authorised to sign the Consolidating Protocol, in accordance with Article II of that Protocol.

2.   This Protocol shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Government of the Kingdom of Belgium.

3.   This Protocol shall enter into force when it has been ratified, accepted or approved, on the one hand, by all signatory States that are also signatories to the Consolidating Protocol and whose ratification, acceptance or approval is required for the entry into force of the Consolidating Protocol, and on the other hand, by the European Community, on the first day of the second month after the deposit of the last instrument of ratification, acceptance or approval, provided that the Consolidating Protocol has come into force on that date. Where this condition is not met, it shall enter into force on the same date as the Consolidating Protocol.

4.   This Protocol shall enter into force with respect to such signatories that have deposited their instruments of ratification, acceptance or approval after its entry into force on the first day of the second month following the deposit of the relevant instruments of ratification, acceptance or approval.

5.   The Government of the Kingdom of Belgium shall notify the Governments of the other signatory States of this Protocol and the European Community of each signature, each deposit of an instrument of ratification, acceptance or approval and each date of entry into force of this Protocol pursuant to paragraphs 3 and 4.

Article 10

Each accession to the Convention after its entry into force shall represent also consent to be bound by this Protocol. The provisions of Articles 39 and 40 of the Convention shall also apply to this Protocol.

Article 11

1.   This Protocol shall remain in force for an indefinite period.

2.   If all Eurocontrol Member States which are Members of the European Community withdraw from Eurocontrol, notification of withdrawal from the Convention, as well as from this Protocol, shall be considered to have been given by the European Community together with the notification of withdrawal, under Article 38(2) of the Convention of the last Member State of the European Community withdrawing from Eurocontrol.

Article 12

The Government of the Kingdom of Belgium shall have this Protocol registered with the Secretary General of the United Nations pursuant to Article 102 of the Charter of the United Nations and with the Council of the International Civil Aviation Organisation pursuant to Article 83 of the Convention on International Civil Aviation signed in Chicago on 7 December 1944.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, having presented their Full Powers, found to be in good and due form, have signed this Protocol.

DONE at Brussels, this eighth day of October 2002 in each of the official languages of the Signatory States, in a single original, which shall remain deposited in the archives of the Government of the Kingdom of Belgium, which shall transmit certified copies to the Governments of the other Signatory States and to the European Community. In the case of any inconsistency, the text in the French language shall prevail.

Declaration concerning the competence of the European Community in respect of matters covered by the Eurocontrol International Convention

In accordance with the relevant Articles of the EC Treaty, as interpreted by the Court of Justice of the European Communities, this declaration indicates the competence of the European Community in matters covered by the Eurocontrol International Convention.

A.   GENERAL PRINCIPLES

1.

The exercise of competence which the Member States have transferred to the Community pursuant to the EC Treaty is, by its nature, liable to develop constantly. In the framework of the Treaty, the competent institutions may take decisions which determine the extent of the competence of the European Community. The European Community therefore reserves the right to amend this declaration accordingly, without this constituting a prerequisite for the exercise of its competence in Eurocontrol.

2.

In relation to Eurocontrol, only the external competence of the European Community is relevant. It follows that, unless the competent institutions explicitly decide to exercise directly an external competence on the basis of the Treaty in a given area, the European Community has exclusive competence only to the extent that its internal legislation is affected by international agreements or other rules established in the framework of international cooperation (1).

B.   COMPETENCE EXERCISED BY THE EUROPEAN COMMUNITY

1.   Areas of competence in the field of air traffic management

(a)

Standardisation: this covers the harmonisation of technical specifications in general and those related to equipment and systems used for the provision of air traffic services in particular (Articles 95 and 80 of the EC Treaty).

In this area, the most important legal instruments adopted by the European Community are Council Regulation (EEC) No 3922/91 (2), Council Directive 93/65/EEC (3) and Directive 98/34/EC of the European Parliament and of the Council (4);

(b)

Policy on research and technological development (Articles 163 to 173 of the EC Treaty).

In this area, currently, the most important legal instruments adopted by the European Community are Decision No 1513/2002/EC of the European Parliament and of the Council (5), Council Decision 2002/834/EC (6) and Council Decision 2002/835/EC (7). These mainly cover basic research (universities, research institutes) and both research and technological development relating to aeronautics and telematics, including air traffic management systems and equipment;

(c)

Trans-European networks (Articles 154 to 156 of the EC Treaty): these include transport, telecommunications and energy with the aim to ensure interoperability and compatibility of national networks by means of collective planning, financial incentives and interoperability standards.

In this area, the most important legal instruments adopted by the European Community are Decision No 1692/96/EC of the European Parliament and of the Council (8) and Council Regulation (EC) No 2236/95 (9);

(d)

Policy on harmonisation of radio spectrum: the aim in particular is to establish a policy and legal framework in order to ensure the coordination of policy approaches and harmonised conditions with regard to the availability and efficient use of the radio spectrum necessary for the establishment and functioning of the internal market in Community policy areas such as electronic communications, transport and research and development.

In this area, the most important legal instrument adopted by the European Community is Decision No 676/2002/EC of the European Parliament and of the Council (10).

2.   Areas of competence in the field of air transport

The air transport policy (Article 80(2) of the EC Treaty and subsequent legislation) has the objective to facilitate the provision of transport services within the Community, promote safety and security and contribute to the efficient functioning of the internal market.

In this area, the most important legal instruments adopted by the European Community are Council Regulations (EEC) No 2407/92 (11), (EEC) No 2408/92 (12), (EEC) No 2409/92 (13) and (EEC) No 95/93 (14), and Regulations (EC) No 1592/2002 (15) and (EC) No 2320/2002 (16) of the European Parliament and of the Council, implemented by Commission Regulation (EC) No 622/2003 (17), Regulation (EC) No 437/2003 of the European Parliament and of the Council (18) and Directive 2003/42/EC of the European Parliament and of the Council (19).

3.

It may also occur that a measure to be taken by Eurocontrol affects established rules of general Community policies such as competition, free movement of goods and services (including public procurement and data protection), environmental protection, social policy and economic and social cohesion.

C.   Member States' competence

1.

When the European Community has not established internal rules and it has not been decided to exercise directly an external competence, the competence rests with its Member States.

2.

The Treaty does not confer to the European Community competence with regard to issues of national security and defence; the design and use of airspace for military purposes therefore fall outside the scope of the competence of the European Community.


(1)  As established by the Court of Justice in Opinions 1/94 [1994] ECR I-5267, 2/91 [1993] ECR I-1061 and 1/76 [1977] ECR 741, and in Case 22/71 [1971] ECR 949.

(2)  OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Regulation (EC) No 1592/2002 of the European Parliament and of the Council (OJ L 240, 7.9.2002, p. 1).

(3)  OJ L 187, 29.7.1993, p. 52. Directive as last amended by Commission Regulation (EC) No 2082/2000 (OJ L 254, 9.10.2000, p. 1).

(4)  OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).

(5)  OJ L 232, 29.8.2002, p. 1.

(6)  OJ L 294, 29.10.2002, p. 1.

(7)  OJ L 294, 29.10.2002, p. 44.

(8)  OJ L 228, 9.9.1996, p. 1. Decision as amended by Decision 1346/2001/EC (OJ L 185, 6.7.2001, p. 1).

(9)  OJ L 228, 23.9.1995, p. 1. Regulation as amended by Regulation (EC) No 1655/1999 of the European Parliament and of the Council (OJ L 197, 29.7.1999, p. 1).

(10)  OJ L 108, 24.4.2002, p. 1.

(11)  OJ L 240, 24.8.1992, p. 1.

(12)  OJ L 240, 24.8.1992, p. 8. Regulation as amended by the Act of Accession of Austria, Finland and Sweden.

(13)  OJ L 240, 24.8.1992, p. 15.

(14)  OJ L 14, 22.1.1993, p. 1. Regulation as last amended by Regulation (EC) No 1554/2003 of the European Parliament and of the Council (OJ L 221, 4.9.2003, p. 1).

(15)  OJ L 240, 7.9.2002, p. 1.

(16)  OJ L 355, 30.12.2002, p. 1.

(17)  OJ L 89, 5.4.2003, p. 9.

(18)  OJ L 66, 11.3.2003, p. 1. Regulation as amended by Commission Regulation (EC) No 1358/2003 (OJ L 194, 1.8.2003, p. 9).

(19)  OJ L 167, 4.7.2003, p. 23.