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Document 01998A0330(01)-20130701

Consolidated text: Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part

ELI: http://data.europa.eu/eli/agree_internation/1998/238/2013-07-01

01998A0330(01) — EN — 01.07.2013 — 002.001


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

►B

EURO-MEDITERRANEAN AGREEMENT

establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part

(OJ L 097 30.3.1998, p. 2)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COUNCIL DECISION  of 22 December 2000

  L 336

93

30.12.2000

►M2

PROTOCOL  to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia,the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

  L 278

3

21.10.2005

►M3

DECISION NO 1/2006 OF THE EU-TUNISIA ASSOCIATION COUNCIL  of 28 July 2006

  L 260

1

21.9.2006

►M4

DECISION No 1/2012 OF THE EU-TUNISIA ASSOCIATION COUNCIL  of 20 February 2012

  L 106

28

18.4.2012

►M5

PROTOCOL  to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

  L 296

3

14.10.2014

►M6

DECISION No 1/2014 OF THE EU-TUNISIA ASSOCIATION COUNCIL  of 26 September 2014

  L 346

60

2.12.2014

►M7

PROTOCOL  to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, to take account of the accession of the Republic of Croatia to the European Union

  L 330

3

9.10.2020


Corrected by:

►C1

Corrigendum, OJ L 063, 3.3.2001, p.  67 (1995/2000)

 C2

Corrigendum, OJ L 048, 11.2.2021, p.  5  (2020/1009)




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EURO-MEDITERRANEAN AGREEMENT

establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, 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 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

THE EUROPEAN COMMUNITY,

THE EUROPEAN COAL AND STEEL COMMUNITY,

hereinafter referred to as ‘the Community’, of the one part, and

THE REPUBLIC OF TUNISIA,

hereinafter referred to as ‘Tunisia’, of the other part,

CONSIDERING the importance of the existing traditional links between the Community, its Member States and Tunisia and the common values that the Contracting Parties share;

CONSIDERING that the Community, its Member States and Tunisia wish to strengthen those links and to establish lasting relations, based on reciprocity, partnership and co-development;

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

CONSIDERING recent political and economic developments both on the European continent and in Tunisia;

CONSIDERING the considerable progress made by Tunisia and its people towards achieving their objectives of full integration of the Tunisian economy in the world economy and participation in the community of democratic nations;

CONSCIOUS of the importance of this Agreement, based on cooperation and dialogue, for lasting stability and security in the Euro-Mediterranean region;

CONSCIOUS, on the one hand, of the importance of relations in an overall Euro-Mediterranean context and, on the other, of the objective of integration between the countries of the Maghreb;

BEARING IN MIND the economic and social disparities between the Community and Tunisia and desirous of achieving the objectives of this association through the appropriate provisions of this Agreement;

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

TAKING ACCOUNT of the Community's willingness to provide Tunisia with decisive support in its endeavours to bring about economic reform, structural adjustment and social development;

CONSIDERING the commitment of both the Community and Tunisia to free trade, in compliance with the rights and obligations arising out of the General Agreement on Tariffs and Trade (GATT);

DESIROUS of establishing cooperation sustained by regular dialogue on economic, social and cultural issues in order to achieve better mutual understanding;

CONVINCED that this Agreement will create a climate conducive to the development of their economic relations, in particular in the fields of trade and investment, the key sectors for economic restructuring and technological modernisation,

HAVE AGREED AS FOLLOWS:



Article 1

1.  
An association is hereby established between the Community and its Member States, of the one part, and Tunisia, of the other part.
2.  

The aims of this Agreement are to:

— 
provide an appropriate framework for political dialogue between the Parties, allowing the development of close relations in all areas they consider relevant to such dialogue,
— 
establish the conditions for the gradual liberalisation of trade in goods, services and capital,
— 
promote trade and the expansion of harmonious economic and social relations between the Parties, notably through dialogue and cooperation, so as to foster the development and prosperity of Tunisia and its people,
— 
encourage integration of the Maghreb countries by promoting trade and cooperation between Tunisia and other countries of the region,
— 
promote economic, social, cultural and financial cooperation.

Article 2

Relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles which guide their domestic and international policies and constitute an essential element of the Agreement.

TITLE I

POLITICAL DIALOGUE

Article 3

1.  
A regular political dialogue shall be established between the Parties. It shall help build lasting links of solidarity between the partners which will contribute to the prosperity, stability and security of the Mediterranean region and bring about a climate of understanding and tolerance between cultures.
2.  

Political dialogue and cooperation are intended in particular to:

(a) 

facilitate rapprochement between the Parties through the development of better mutual understanding and regular coordination on international issues of common interest;

(b) 

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

(c) 

contribute to consolidating security and stability in the Mediterranean region and in the Maghreb in particular;

(d) 

help develop joint initiatives.

Article 4

Political dialogue shall cover all issues of common interest to the Parties, in particular the conditions required to ensure peace, security and regional development through support for cooperation, notably within the Maghreb group of countries.

Article 5

Political dialogue shall be established at regular intervals and whenever necessary notably:

(a) 

at ministerial level, principally within the Association Council;

(b) 

at the level of senior officials representing Tunisia, on the one hand, and the Council Presidency and the Commission on the other;

(c) 

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

(d) 

where appropriate, by any other means which would make a useful contribution to consolidating dialogue and increasing its effectiveness.

TITLE II

FREE MOVEMENT OF GOODS

Article 6

The Community and Tunisia shall gradually establish a free trade area over a transitional period lasting a maximum of 12 years starting from the date of the entry into force of this Agreement in accordance with the provisions of this Agreement and in conformity with those of the General Agreement on Tariffs and Trade 1994 and the other multilateral Agreements on trade in goods annexed to the Agreement establishing the WTO, hereinafter referred to as the GATT.

CHAPTER I

INDUSTRIAL PRODUCTS

Article 7

The provisions of this Chapter shall apply to products originating in the Community and Tunisia with the exception of the products referred to in Annex II to the Treaty establishing the European Community.

Article 8

No new customs duties on imports nor charges having equivalent effect shall be introduced in trade between the Community and Tunisia.

Article 9

Products originating in Tunisia shall be imported into the Community free of customs duties and charges having equivalent effect and without quantitative restrictions or measures having equivalent effect.

Article 10

1.  
The provisions of this Chapter shall not preclude the retention by the Community of an agricultural component on imports of the goods originating in Tunisia listed in Annex 1.

The agricultural component shall reflect differences between the price on the Community market of the agricultural products considered as being used in the production of such goods and the price of imports from third countries where the total cost of the said basic products is higher in the Community. The agricultural component may take the form of a fixed amount or an ad valorem duty. Such differences shall be replaced, where appropriate, by specific duties based on tariffication of the agricultural component or by ad valorem duties.

The provisions of Chapter 2 applicable to agricultural products shall apply mutatis mutandis to the agricultural component.

2.  
The provisions of this Chapter shall not preclude the separate specification by Tunisia of an agricultural component in the import duties in force on the products listed in Annex 2 originating in the Community. The agricultural component may take the form of a fixed amount or an ad valorem duty.

The provisions of Chapter 2 applicable to agricultural products shall apply mutatis mutandis to the agricultural component.

3.  
In the case of the products shown in Annex 2, list 1, originating in the Community, Tunisia shall apply upon the entry into force of this Agreement import duties and charges having equivalent effect no greater than those in force on 1 January 1995, within the limits of the tariff quotas shown in that list.

During elimination of the industrial component of the duties pursuant to paragraph 4, the level of the duties to be applied in respect of the products for which the tariff quotas are to be abolished may not be higher than the level of the duties in force on 1 January 1995.

4.  
In the case of the products in Annex 2, list 2, originating in the Community, Tunisia shall eliminate the industrial component of the duties in accordance with the provisions laid down in Article 11 (3) of the Agreement in respect of products in Annex 4.

In the case of the products in Annex 2, lists 1 and 3, originating in the Community, Tunisia shall eliminate the industrial component of the duties in accordance with the provisions laid down in Article 11 (3) of the Agreement in respect of products in Annex 5.

5.  
The agricultural components applied pursuant to paragraphs 1 and 2 may be reduced where, in trade between the Community and Tunisia, the charge applicable to a basic agricultural product is reduced or where such reductions are the result of mutual concessions relating to processed agricultural products.
6.  
The reduction referred to in paragraph 5, the list of products concerned and, where appropriate, the tariff quotas within which the reduction applies shall be established by the Association Council.

Article 11

1.  
Customs duties and charges having equivalent effect applicable on import into Tunisia of products originating in the Community other than those listed in Annexes 3 to 6 shall be abolished upon the entry into force of this Agreement.
2.  
Customs duties and charges having equivalent effect applicable on import into Tunisia of the products originating in the Community listed in Annex 3 shall be progressively abolished in accordance with the following timetable:

On the date of entry into force of this Agreement each duty and charge shall be reduced to 85 % of the basic duty;

One year after the date of entry into force of this Agreement each duty and charge shall be reduced to 70 % of the basic duty;

Two years after the date of entry into force of this Agreement each duty and charge shall be reduced to 55 % of the basic duty;

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

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

Five years after the date of entry into force of this Agreement the remaining duties shall be abolished.

3.  

Customs duties and charges having equivalent effect applicable on import into Tunisia of the products originating in the Community listed in Annexes 4 and 5 shall be progressively abolished in accordance with the following timetables:

In the case of the list appearing in Annex 4:

On the date of entry into force of this Agreement each duty and charge shall be reduced to 92 % of the basic duty;

One year after the date of entry into force of this Agreement each duty and charge shall be reduced to 84 % of the basic duty;

Two years after the date of entry into force of this Agreement each duty and charge shall be reduced to 76 % of the basic duty;

Three years after the date of entry into force of this Agreement each duty and charge shall be reduced to 68 % of the basic duty;

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

Five years after the date of entry into force of this Agreement each duty and charge shall be reduced to 52 % of the basic duty;

Six years after the date of entry into force of this Agreement each duty and charge shall be reduced to 44 % of the basic duty;

Seven years after the date of entry into force of this Agreement each duty and charge shall be reduced to 36 % of the basic duty;

Eight years after the date of entry into force of this Agreement each duty and charge shall be reduced to 28 % of the basic duty;

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

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

Eleven years after the date of entry into force of this Agreement each duty and charge shall be reduced to 4 % of the basic duty;

Twelve years after the date of entry into force of this Agreement the remaining duties shall be abolished.

In the case of the list appearing in Annex 5:

Four years after the date of entry into force of this Agreement each duty and charge shall be reduced to 88 % of the basic duty;

Five years after the date of entry into force of this Agreement each duty and charge shall be reduced to 77 % of the basic duty;

Six years after the date of entry into force of this Agreement each duty and charge shall be reduced to 66 % of the basic duty;

Seven years after the date of entry into force of this Agreement each duty and charge shall be reduced to 55 % of the basic duty;

Eight years after the date of entry into force of this Agreement each duty and charge shall be reduced to 44 % of the basic duty;

Nine years after the date of entry into force of this Agreement each duty and charge shall be reduced to 33 % of the basic duty;

Ten years after the date of entry into force of this Agreement each duty and charge shall be reduced to 22 % of the basic duty;

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

Twelve years after the date of entry into force of this Agreement the remaining duties shall be abolished.

4.  
In the event of serious difficulties for a given product, the relevant timetables in accordance with paragraph 3 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 of 12 years. If the Association Committee has not taken a decision within thirty days of its application to review the timetable, Tunisia may suspend the timetable provisionally for a period which may not exceed one year.
5.  
For each product the basic duty to which the successive reductions laid down in paragraphs 2 and 3 are to be applied shall be that actually applied vis-à-vis the Community on 1 January 1995.
6.  
If, after 1 January 1995, any tariff reduction is applied on an erga omnes basis, the reduced duties shall replace the basic duties referred to in paragraph 5 as from the date when such reductions are applied.
7.  
Tunisia shall communicate its basic duties to the Community.

Article 12

The provisions of Articles 10, 11 and 19(b) shall not apply to products in the list appearing in Annex 6. The arrangements to be applied to such products shall be re-examined by the Association Council four years after the Agreement's entry into force.

Article 13

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

Article 14

1.  
Exceptional measures of limited duration which derogate from the provisions of Article 11 may be taken by Tunisia in the form of an increase or reintroduction of customs duties.

These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce major social problems.

Customs duties on imports applicable in Tunisia to products originating in the Community introduced by these measures may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15% of total imports of industrial products from the Community during the last year for which statistics are available.

These measures shall be applied for a period not exceeding five years unless a longer duration is authorised by the Association Committee. They shall cease to apply at the latest on the expiry of the maximum transitional period of twelve years.

No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having equivalent effect concerning that product.

Tunisia shall inform the Association Committee of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held on such measures and the sectors to which they apply before they are implemented. When taking such measures Tunisia shall provide the Committee with a timetable for the elimination of the customs duties introduced under this Article. This timetable shall provide for a phasing-out of these duties in equal annual instalments starting at the latest two years after their introduction. The Association Committee may decide on a different timetable.

2.  
By way of derogation from the fourth subparagraph of paragraph 1, the Association Committee may exceptionally, in order to take account of the difficulties involved in setting up a new industry, authorise Tunisia to maintain the measures already taken pursuant to paragraph 1 for a maximum period of three years beyond the twelve-year transitional period.

CHAPTER II

AGRICULTURAL AND FISHERY PRODUCTS

Article 15

The provisions of this Chapter shall apply to the products originating in the Community and Tunisia listed in Annex II to the Treaty establishing the European Community.

Article 16

The Community and Tunisia shall gradually implement greater liberalisation of their reciprocal trade in agricultural and fishery products.

Article 17

1.  
Agricultural and fishery products originating in Tunisia shall benefit on import into the Community from the provisions set out in Protocols Nos 1 and 2 respectively.
2.  
Agricultural products originating in the Community shall benefit on import into Tunisia from the provisions set out in Protocol No 3.

Article 18

1.  
From 1 January 2000 the Community and Tunisia shall assess the situation with a view to determining the liberalisation measures to be applied by the Community and Tunisia with effect from 1 January 2001 in accordance with the objective set out in Article 16.
2.  
Without prejudice to the provisions of the preceding paragraph and taking account of the patterns of trade in agricultural products between the Parties and the particular sensitivity of such products, the Community and Tunisia will examine on a regular basis in the Association Council, product by product and on a reciprocal basis, the possibilities of granting each other further concessions.

CHAPTER III

COMMON PROVISIONS

Article 19

Without prejudice to the provisions of the GATT:

(a) 

no new quantitative restriction on imports or measure having equivalent effect shall be introduced in trade between the Community and Tunisia;

(b) 

quantitative restrictions on imports and measures having equivalent effect in trade between Tunisia and the Community shall be abolished upon the entry into force of this Agreement;

(c) 

the Community and Tunisia shall apply to the other's exports customs neither duties or charges having equivalent effect nor quantitative restrictions or measures of equivalent effect.

Article 20

1.  
Should specific rules be introduced as a result of implementation of their agricultural policies or modification of their existing rules, or should the provisions on the implementation of their agricultural policies be modified or developed, the Community and Tunisia may modify the arrangements laid down in the Agreement in respect of the products concerned.

The Party carrying out such modification shall inform the Association Committee thereof. At the request of the other Party, the Association Committee shall meet to take appropriate account of that Party's interests.

2.  
If the Community or Tunisia, 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.
3.  
Any modification of the arrangements made by this Agreement shall be the subject, at the request of the other Contracting Party, of consultations within the Association Council.

Article 21

Products originating in Tunisia shall not enjoy more favourable treatment when imported into the Community than that applied by Member States among themselves.

The provisions of this Agreement shall apply without prejudice to the provisions of Council Regulation (EEC) No 1911/91 of 26 June 1991 on the application of the provisions of Community law to the Canary Islands.

Article 22

1.  
The two Parties shall refrain from any measures 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 directly or indirectly.

Article 23

1.  
This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade insofar as they do not have the effect of altering the trade arrangements provided for in this Agreement.
2.  
Consultations between the Parties shall take place within the Association Committee concerning agreements establishing customs unions or free trade areas and, where appropriate, on other major issues related to their respective trade policies with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account is taken of the mutual interests of the Community and Tunisia stated in this Agreement.

Article 24

If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of the General Agreement on Tariffs and Trade, it may take appropriate measures against this practice in accordance with the Agreement relating to the application of Article VI of the General Agreement on Tariffs and Trade, related internal legislation and the conditions and procedures laid down in Article 27.

Article 25

Where any product is being imported in such increased quantities and under such conditions as to cause or threaten to cause:

— 
serious injury to domestic producers of like or directly competitive products in the territory of one of the Contracting Parties, or
— 
serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region,

the Community or Tunisia may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 27.

Article 26

Where compliance with the provisions of Article 19(c) leads to:

(i) 

re-export to a third country of a product against which the exporting Party maintains quantitative export restrictions, export duties or measures or charges 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 under the conditions and in accordance with the procedures laid down in Article 27. The measures shall be non-discriminatory and shall be eliminated when conditions no longer justify their maintenance.

Article 27

1.  
In the event of the Community or Tunisia subjecting imports of products liable to give rise to the difficulties referred to in Article 25 to an administrative procedure having as its purpose the rapid supply of information on trade flow trends, it shall inform the other Party.
2.  
In the cases specified in Articles 24, 25 and 26, before taking the measures provided for therein or, in cases to which paragraph 3(d) applies, as soon as possible, the Community or Tunisia, as the case may be, shall supply the Association Committee with all relevant information with a view to seeking a solution acceptable to the two Parties.

In the selection of measures, priority shall be given to those which least disturb the functioning of this Agreement.

The safeguard measures shall be immediately notified to the Association Committee by the Party concerned and shall be the subject of periodic consultations, particularly with a view to their abolition as soon as circumstances permit.

3.  

For the implementation of paragraph 2, the following provisions shall apply:

(a) 

as regards Article 24, the exporting Party shall be informed of the dumping case as soon as the authorities of the importing Party have initiated an investigation. When no end has been put to the dumping within the meaning of Article VI of the GATT or no other satisfactory solution has been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures;

(b) 

as regards Article 25, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Association Committee, which may take any decision needed to put an end to such difficulties.

If the Association Committee or the exporting Party has not taken a decision putting an end to the difficulties or no other satisfactory solution has been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures to remedy the problem. These measures shall not exceed the scope of what is necessary to remedy the difficulties which have arisen;

(c) 

as regards Article 26, the difficulties arising from the situations referred to in that Article shall be referred for examination to the Association Committee.

The Association 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 to exports of the product concerned;

(d) 

where exceptional circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Community or Tunisia, whichever is concerned, may, in the situations specified in Articles 24, 25 and 26, apply forthwith the precautionary measures strictly necessary to deal with the situation and shall inform the other Party immediately thereof.

Article 28

The Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property of rules relating to 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 29

The concept of ‘originating products’ for the purposes of implementing this Title and the methods of administrative cooperation relating thereto are laid down in Protocol No 4.

Article 30

The Combined Nomenclature of goods shall be applied to the classification of goods in trade between the two Parties.

TITLE III

RIGHT OF ESTABLISHMENT AND SERVICES

Article 31

1.  
The Parties agree to widen the scope of the Agreement to cover the right of establishment of one Party's firms on the territory of the other and liberalisation of the provision of services by one Party's firms to consumers of services in the other.
2.  
The Association Council will make recommendations for achieving the objective described in paragraph 1.

In making such recommendations, the Association Council will take account of past experience of implementation of reciprocal most-favoured-nation treatment and of the respective obligations of each Party under the General Agreement on Trade in Services annexed to the Agreement establishing the WTO, hereinafter referred to as the ‘GATS’, particularly those in Article V of the latter.

3.  
The Association Council will make a first assessment of the achievement of this objective no later than five years after the Agreement enters into force.

Article 32

1.  
At the outset, each of the Parties shall reaffirm its obligations under the GATS, particularly the obligation to grant reciprocal most-favoured-nation treatment in the service sectors covered by that obligation.
2.  

In accordance with the GATS, such treatment shall not apply to:

(a) 

advantages granted by either Party under the terms of an agreement of the type defined in Article V of the GATS or to measures taken on the basis of such an agreement;

(b) 

other advantages granted in accordance with the list of exemptions from most-favoured-nation treatment annexed by either Party to the GATS.

TITLE IV

PAYMENTS, CAPITAL, COMPETITION AND OTHER ECONOMIC PROVISIONS

CHAPTER I

CURRENT PAYMENTS AND MOVEMENT OF CAPITAL

Article 33

Subject to the provisions of Article 35, the Parties undertake to allow all current payments for current transactions to be made in a freely convertible currency.

Article 34

1.  
With regard to transactions on the capital account of balance of payments, the Community and Tunisia shall ensure, from the entry into force of this Agreement, that capital relating to direct investments in Tunisia in companies formed in accordance with current laws can move freely and that the yield from such investments and any profit stemming therefrom can be liquidated and repatriated.
2.  
The Parties shall consult each other with a view to facilitating, and fully liberalising when the time is right, the movement of capital between the Community and Tunisia.

Article 35

Where one or more Member States of the Community, or Tunisia, is in serious balance of payments difficulties, or under threat thereof, the Community or Tunisia, as the case may be, may, in accordance with the conditions established under the General Agreement on Tariffs and Trade and Articles VIII and XIV of the Articles of Agreement of the International Monetary Fund, adopt restrictions on current transactions which shall be of limited duration and may not go beyond what is strictly necessary to remedy the balance of payments situation. The Community or Tunisia, as the case may be, shall inform the other Party forthwith and shall submit to it as soon as possible a timetable for the elimination of the measures concerned.

CHAPTER II

COMPETITION AND OTHER ECONOMIC PROVISIONS

Article 36

1.  

The following are incompatible with the proper functioning of the Agreement, insofar as they may affect trade between the Community and Tunisia:

(a) 

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;

(b) 

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

(c) 

any official aid which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods, with the exception of cases in which a derogation is allowed under the Treaty establishing the European Coal and Steel Community.

2.  
Any practices contrary to this Article shall be assessed on the basis of criteria arising from the application of the rules of Articles 85, 86 and 92 of the Treaty establishing the European. Community and, in the case of products falling within the scope of the European Coal and Steel Community, the rules of Articles 65 and 66 of the Treaty establishing that Community, and the rules relating to state aid, including secondary legislation.
3.  
The Association Council shall, within five years of the entry into force of this Agreement, adopt the necessary rules for the implementation of paragraphs 1 and 2.

Until these rules are adopted, the provisions of the Agreement on interpretation and application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade shall be applied as the rules for the implementation of paragraph l(c) and related parts of paragraph 2.

4.  
(a) 

For the purposes of applying the provisions of paragraph l(c), the Parties recognize that during the first five years after the entry into force of this Agreement, any State aid granted by Tunisia shall be assessed taking into account the fact that Tunisia shall be regarded as an area identical to those areas of the Community described in Article 92(3)(a) of the Treaty establishing the European Community.

During the same period of time, Tunisia may exceptionally, as regards ECSC steel products, grant State aid for restructuring purposes provided that:

— 
it leads to the viability of the recipient firms under normal market conditions at the end of the restructuring period,
— 
the amount and intensity of such aid are strictly limited to what is absolutely necessary in order to restore such viability and are progressively reduced,
— 
the restructuring programme is linked to a comprehensive plan for rationalising capacity in Tunisia.

The Association Council shall, taking into account the economic situation of Tunisia, decide whether the period should be extended every five years.

(b) 

Each Party shall ensure transparency in the area of official 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 official aid.

5.  

With regard to products referred to in Chapter II of Title II:

— 
the provisions of paragraph l(c) do not apply,
— 
any practices contrary to paragraph 1(a) shall be assessed according to the criteria established by the Community on the basis of Articles 42 and 43 of the Treaty establishing the European Community, and in particular those established in Council Regulation No 26/62.
6.  

If the Community or Tunisia 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 3, 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 to that Committee.

In the case of practices incompatible with paragraph l(c) of this Article, such appropriate measures may, where the General Agreement on Tariffs and Trade applies thereto, only be adopted in accordance with the procedures and under the conditions laid down by the General Agreement on Tariffs and Trade and any other relevant instrument negotiated under its auspices which is applicable between the Parties.

7.  
Notwithstanding any provisions to the contrary adopted in accordance with paragraph 3, the Parties shall exchange information taking into account the limitations imposed by the requirements of professional and business secrecy.

Article 37

The Member States and Tunisia shall progressively adjust, without affecting commitments made unter 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 of Tunisia. The Association Committee will be informed about the measures adopted to implement this objective.

Article 38

With regard to public enterprises and enterprises which have been granted special or exclusive rights, the Association Council shall ensure, from the fifth year following the entry into force of the Agreement, that no measures which disturbs trade between the Community and Tunisia in a manner which runs counter to the interests of the Parties is adopted or maintained. This provision shall not impede the performance in fact or in law of the specific functions assigned to those enterprises.

Article 39

1.  
The Parties shall provide suitable and effective protection of intellectual, industrial and commercial property rights, in line with the highest international standards. This shall encompass effective means of enforcing such rights.
2.  
Implementation of this Article and of Annex 7 shall be regularly assessed by the Parties. If difficulties which affect trade arise in connection with intellectual, industrial and commercial property rights, either Party may request urgent consultations to find mutually satisfactory solutions.

Article 40

1.  
The Parties shall take appropriate steps to promote the use by Tunisia of Community technical rules and European standards for industrial and agri-food products and certification procedures.
2.  
Using the principles set out in paragraph 1 as a basis, the Parties shall, when the circumstances are right, conclude agreements for the mutual recognition of certifications.

Article 41

1.  
The Parties shall set as their objective a reciprocal and gradual liberalisation of public procurement contracts.
2.  
The Association Council shall take the steps necessary to implement paragraph 1.

TITLE V

ECONOMIC COOPERATION

Article 42

Objectives

1.  
The Parties undertake to step up economic cooperation in their mutual interest and in the spirit of partnership which is at the root of this Agreement.
2.  
The objective of economic cooperation shall be to support Tunisia's own efforts to achieve sustainable economic and social development.

Article 43

Scope

1.  
Cooperation will be targeted first and foremost at areas of activity suffering the effects of internal constraints and difficulties or affected by the process of liberalising Tunisia's economy as a whole, and more particularly by the liberalisation of trade between Tunisia and the Community.
2.  
Similarly, cooperation shall focus on areas likely to bring the economies of the Community and Tunisia closer together, particularly those which will generate growth and employment.
3.  
Cooperation shall foster economic integration within the Maghreb using any measures likely to further such relations within the region.
4.  
Preservation of the environment and ecological balances shall constitute a central component of the various fields of economic cooperation.
5.  
Where appropriate, the Parties shall determine by agreement other fields of economic cooperation.

Article 44

Methods

Economic cooperation shall involve methods including:

(a) 

regular economic dialogue between the two Parties covering all aspects of macroeconomic policy;

(b) 

communication and exchanges of information;

(c) 

advice, use of the services of experts and training;

(d) 

joint ventures;

(e) 

assistance with technical, administrative and regulatory matters.

Article 45

Regional cooperation

In order to make the most of this Agreement, the Parties shall foster all activities which have a regional impact or involve third countries, notably:

(a) 

intra-regional trade within the Maghreb;

(b) 

environmental matters;

(c) 

the development of economic infrastructure;

(d) 

research in science and technology;

(e) 

cultural matters;

(f) 

customs matters;

(g) 

regional institutions and the establishment of common or harmonised programmes and policies.

Article 46

Education and training

The aim of cooperation shall be to:

(a) 

find ways to bring about a significant improvement in education and training, including vocational training;

(b) 

place special emphasis on giving the female population access to education, including technical training, higher education and vocational training;

(c) 

encourage the establishment of lasting links between specialist bodies on the Parties' territories in order to pool and exchange experience and methods.

Article 47

Scientific, technical and technological cooperation

The aim of cooperation shall be to:

(a) 

encourage the establishment of permanent links between the Parties' scientific communities, notably by means of:

— 
providing Tunisia with access to Community research and technological development programmes in accordance with Community rules governing non-Community countries' involvement in such programmes,
— 
Tunisian participation in networks of decentralised cooperation,
— 
promoting synergy in training and research;
(b) 

improve Tunisia's research capabilities;

(c) 

stimulate technological innovation and the transfer of new technology and know-how;

(d) 

encourage all activities aimed at establishing synergy at regional level.

Article 48

Environment

The aim of cooperation shall be to prevent deterioration of the environment, to improve the quality of the environment, to protect human health and to achieve rational use of natural resources for sustainable development.

The Parties undertake to cooperate in areas including:

(a) 

soil and water quality;

(b) 

the consequences of development, particularly industrial development (especially safety of installations and waste);

(c) 

monitoring and preventing pollution of the sea.

Article 49

Industrial cooperation

The aim of cooperation shall be to:

(a) 

encourage cooperation between the Parties' economic operators, including cooperation in the context of access for Tunisia to Community business networks and decentralised cooperation networks;

(b) 

back the effort to modernise and restructure Tunisia's public and private sector industry (including the agri-food industry);

(c) 

foster an environment which favours private initiative, with the aim of stimulating and diversifying output for the domestic and export markets;

(d) 

make the most of Tunisia's human resources and industrial potential through better use of policy in the fields of innovation and research and technological development;

(e) 

facilitate access to credit to finance investment.

Article 50

Promotion and protection of investment

The aim of cooperation shall be to create a favourable climate for flows of investment, and to use the following in particular:

(a) 

the establishment of harmonised and simplified procedures, co-investment machinery (especially to link small and medium-sized enterprises) and methods of identifying and providing information on investment opportunities;

(b) 

the establishment, where appropriate, of a legal framework to promote investment, chiefly through the conclusion by Tunisia and the Member States of investment protection agreements and agreements preventing double taxation.

Article 51

Cooperation in standardisation and conformity assessment

The Parties shall cooperate in developing:

(a) 

the use of Community rules in standardisation, metrology, quality control and conformity assessment;

(b) 

the updating of Tunisian laboratories, leading eventually to the conclusion of mutual recognition agreements for conformity assessment;

(c) 

the bodies responsible for intellectual, industrial and commercial property and for standardisation and quality in Tunisia.

Article 52

Approximation of legislation

Cooperation shall be aimed at helping Tunisia to bring its legislation closer to that of the Community in the areas covered by this Agreement.

Article 53

Financial services

The aim of cooperation shall be to achieve closer common rules and standards in areas including the following:

(a) 

bolstering and restructuring Tunisia's financial sectors;

(b) 

improving accounting, auditing, supervision and regulation of financial services and financial monitoring in Tunisia.

Article 54

Agriculture and fisheries

The aim of cooperation shall be to:

(a) 

modernise and restructure agriculture and fisheries through methods including the modernisation of infrastructure and equipment, the development of packaging and storage techniques and the improvement of private distribution and marketing chains;

(b) 

diversify output and external markets;

(c) 

achieve cooperation in health, plant health and growing techniques.

Article 55

Transport

The aim of cooperation shall be to:

(a) 

achieve the restructuring and modernisation of road, rail, port and airport infrastructure of common interest, in correlation with major trans-European communication routes;

(b) 

define and apply operating standards comparable to those found in the Community;

(c) 

bring equipment up to Community standards, particularly where multimodal transport, containerisation and transhipment are concerned;

(d) 

gradually improve road transit and the management of airports, air traffic and railways.

Article 56

Telecommunications and information technology

Cooperation shall focus on:

(a) 

telecommunications in general;

(b) 

standardisation, conformity testing and certification for information technology and telecommunications;

(c) 

dissemination of new information technologies, particularly in relation to networks and the interconnection of networks (ISDN — integrated services digital networks — and EDI — electronic data interchange);

(d) 

stimulating research on and development of new communication and information technology facilities to develop the market in equipment, services and applications related to information technology and to communications, services and installations.

Article 57

Energy

Cooperation shall focus on:

(a) 

renewable energy;

(b) 

promoting the saving of energy;

(c) 

applied research relating to networks of databases linking the two Parties' economic and social operators;

(d) 

backing efforts to modernise and develop energy networks and the interconnection of such networks with Community networks.

Article 58

Tourism

The aim of cooperation shall be to develop tourism, particularly with regard to:

(a) 

catering management and quality of service in the various fields connected with catering;

(b) 

development of marketing;

(c) 

promotion of tourism for young people.

Article 59

Cooperation in customs matters

1.  

The aim of cooperation shall be to ensure fair trade and compliance with trade rules. It shall focus on:

(a) 

simplifying customs checks and procedures;

(b) 

the use of the Single Administrative Document and creating a link between the Community and Tunisian transit systems.

2.  
Without prejudice to other forms of cooperation provided for in this Agreement, and particularly those provided for in Articles 61 and 62, the Contracting Parties' administrative authorities shall provide mutual assistance in accordance with the terms of Protocol No 5.

Article 60

Cooperation in statistics

The aim of cooperation shall be to bring the methods used by the Parties closer together and to put to use data on all areas covered by this Agreement for which statistics can be collected.

Article 61

Money laundering

1.  
The Parties agree on the need to work towards and cooperate on preventing the use of their financial systems to launder the proceeds of criminal activities in general and drug trafficking in particular.
2.  
Cooperation in this area shall include administrative and technical assistance with the purpose of establishing suitable standards against money laundering equivalent to those adopted by the Community and international fora in this field, including the Financial Action Task Force (FATF).

Article 62

Combating drug use and trafficking

1.  

The aim of cooperation shall be to:

(a) 

improve the effectiveness of policies and measures to prevent and combat the production and supply of and trafficking in narcotics and psychotropic substances;

(b) 

eliminate illicit consumption of such products.

2.  
The Parties shall together set out appropriate strategies and methods of cooperation, in accordance with their own legislation, to attain those objectives. For any action which is not conducted jointly, there shall be consultations and close coordination.

Such action may involve the appropriate public and private sector institutions and international organisations, in collaboration with the government of the Republic of Tunisia and the relevant authorities in the Community and the Member States.

3.  

Cooperation shall take the following forms in particular:

(a) 

the establishment or expansion of clinics/hostels and information centres for the treatment and rehabilitation of drug addicts;

(b) 

the implementation of prevention, information, training and epidemiological research projects;

(c) 

the establishment of standards for preventing diversion of precursors and other essential ingredients for the illicit manufacture of narcotics and psychotropic substances, which are equivalent to those adopted by the Community and the appropriate international authorities, particularly the Chemicals Action Task Force (CATF).

Article 63

The two Parties shall together establish the procedures needed to achieve cooperation in the fields covered by this Title.

TITLE VI

COOPERATION IN SOCIAL AND CULTURAL MATTERS

CHAPTER I

WORKERS

Article 64

1.  
The treatment accorded by each Member State to workers of Tunisian nationality employed in its territory shall be free from any discrimination based on nationality, as regards working conditions, remuneration and dismissal, relative to its own nationals.
2.  
All Tunisian workers allowed to undertake paid employment in the territory of a Member State on a temporary basis shall be covered by the provisions of paragraph 1 with regard to working conditions and remuneration.
3.  
Tunisia shall accord the same treatment to workers who are nationals of a Member State and employed in its territory.

Article 65

1.  
Subject to the provisions of the following paragraphs, workers of Tunisian nationality and any members of their families living with them shall enjoy, in the field of social security, treatment free from any discrimination based on nationality relative to nationals of the Member States in which they are employed.

The concept of social security shall cover the branches of social security dealing with sickness and maternity benefits, invalidity, old-age and survivors' benefits, industrial accident and occupational disease benefits and death, unemployment and family benefits.

These provisions shall not, however, cause the other coordination rules provided for in Community legislation based on Article 51 of the EC Treaty to apply, except under the conditions set out in Article 67 of this Agreement.

2.  
All periods of insurance, employment or residence completed by such workers in the various Member States shall be added together for the purpose of pensions and annuities in respect of old age, invalidity and survivors' benefits and family, sickness and maternity benefits and also for that of medical care for the workers and for members of their families resident in the Community.
3.  
The workers in question shall receive family allowances for members of their families who are resident in the Community.
4.  
The workers in question shall be able to transfer freely to Tunisia, at the rates applied by virtue of the legislation of the debtor Member State or States, any pensions or annuities in respect of old age, survivor status, industrial accident or occupational disease, or of invalidity resulting from industrial accident or occupational disease, except in the case of special non-contributory benefits.
5.  
Tunisia shall accord to workers who are nationals of a Member State and employed in its territory, and to the members of their families, treatment similar to that specified in paragraphs 1, 3 and 4.

Article 66

The provisions of this Chapter shall not apply to nationals of the Parties residing or working illegally in the territory of their host countries.

Article 67

1.  
Before the end of the first year following the entry into force of this Agreement, the Association Council shall adopt provisions to implement the principles set out in Article 65.
2.  
The Association Council shall adopt detailed rules for administrative cooperation providing the necessary management and monitoring guarantees for the application of the provisions referred to in paragraph 1.

Article 68

The provisions adopted by the Association Council in accordance with Article 67 shall not affect any rights or obligations arising from bilateral agreements linking Tunisia and the Member States where those agreements provide for more favourable treatment of nationals of Tunisia or of the Member States.

CHAPTER II

DIALOGUE IN SOCIAL MATTERS

Article 69

1.  
The Parties shall conduct regular dialogue on any social matter which is of interest to them.
2.  
Such dialogue shall be used to find ways to achieve progress in the field of movement of workers and equal treatment and social integration for Tunisian and Community nationals residing legally in the territories of their host countries.
3.  

Dialogue shall cover in particular all issues connected with:

(a) 

the living and working conditions of the migrant communities;

(b) 

migration;

(c) 

illegal immigration and the conditions governing the return of individuals who are in breach of the legislation dealing with the right to stay and the right of establishment in their host countries;

(d) 

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

Article 70

Dialogue on social matters shall be conducted at the same levels and in accordance with the same procedures as provided for in Title I of this Agreement, which can itself provide a framework for that dialogue.

CHAPTER III

COOPERATION IN THE SOCIAL FIELD

Article 71

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 afforded to:

(a) 

reducing migratory pressure, in particular by creating jobs and developing training in areas from which emigrants come;

(b) 

resettling those repatriated because of their illegal status under the legislation of the state in question;

(c) 

promoting the role of women in the economic and social development process through education and the media in step with Tunisian policy on the matter;

(d) 

bolstering and developing Tunisia's family planning and mother and child protection programmes;

(e) 

improving the social protection system;

(f) 

enhancing the health cover system;

(g) 

improving living conditions in poor, densely populated areas;

(h) 

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

Article 72

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

Article 73

A working party 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 IV

COOPERATION ON CULTURAL MATTERS

Article 74

1.  
In order to boost mutual knowledge and understanding, taking account of activities already carried out, the Parties shall undertake — while respecting each other's culture — to provide a firmer footing for lasting cultural dialogue and to promote continuous cultural cooperation between them, without ruling out a priori any field of activity.
2.  
In putting together cooperation projects and programmes and carrying out joint activities, the Parties shall place special emphasis on young people, on written and audio-visual means of expression and communication, and on the protection of their heritage and the dissemination of culture.
3.  
The Parties agree that cultural cooperation programmes already under way in the Community or in one or more of its Member States may be extended to Tunisia.

TITLE VII

FINANCIAL COOPERATION

Article 75

With a view to full attainment of the Agreement's objectives, financial cooperation shall be implemented for Tunisia in line with the appropriate financial procedures and resources.

These procedures shall be adopted by mutual agreement between the Parties by means of the most suitable instruments once the Agreement enters into force.

In addition to the areas covered by the Titles V and VI of this Agreement, cooperation shall entail:

— 
facilitating reforms aimed at modernizing the economy,
— 
updating economic infrastructure,
— 
promoting private investment and job creation activities,
— 
taking into account the effects on the Tunisian economy of the progressive introduction of a free trade area, in particular where the updating and restructuring of industry is concerned,
— 
flanking measures for policies implemented in the social sectors.

Article 76

Within the framework of Community instruments intended to buttress structural adjustment programmes in the Mediterranean countries — and in close coordination with the Tunisian authorities and other contributors, in particular the international financial institutions — the Community will examine suitable ways of supporting structural policies carried out by Tunisia to restore financial equilibrium in all its key aspects and create an economic environment conducive to boosting growth, while at the same time enhancing social welfare.

Article 77

In order to ensure a coordinated approach to dealing with exceptional macroeconomic and financial problems which could stem from the progressive implementation of the Agreement, the Parties shall closely monitor the development of trade and financial relations between the Community and Tunisia as part of the regular economic dialogue established under Title V.

TITLE VIII

INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Article 78

An Association Council is hereby established which shall meet at ministerial level once a year and when circumstances require, on the initiative of its Chairman 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 79

1.  
The Association Council shall consist of the members of the Council of the European Union and members of the Commission of the European Communities, on the one hand, and of members of the Government of the Republic of Tunisia, 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 chaired in turn by a member of the Council of the European Union and a member of the Government of the Republic of Tunisia in accordance with the provisions laid down in its rules of procedure.

Article 80

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 the decisions taken. The Association Council may also make appropriate recommendations.

It shall draw up its decisions and recommendations by agreement between the Parties.

Article 81

1.  
Subject to the powers of the 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 82

1.  
The Association Committee, which shall meet at the level of officials, shall consist of representatives of members of the Council of the European Union and of members of the Commission of the European Communities, on the one hand, and of representatives of the Government of the Republic of Tunisia, on the other.
2.  
The Association Committee shall establish its rules of procedure.

▼M2

3.  
The Association Committee shall be chaired in turn by a representative of the Commission of the European Communities and by a representative of the Government of the Republic of Tunisia.

▼B

Article 83

The Association Committee shall have the power to take decisions for the management of the Agreement as well as in those areas in which the Council has delegated its powers to it.

It shall draw up its decisions by agreement between the Parties. These decisions shall be binding on the Parties, which shall take the measures necessary to implement the decisions taken.

Article 84

The Association Council may decide to set up any working group or body necessary for the implementation of the Agreement.

Article 85

The Association Council shall take all appropriate measures to facilitate cooperation and contacts between the European Parliament and the Chamber of Deputies of the Republic of Tunisia, and between the Economic and Social Committee of the Community and the Economic and Social Council of the Republic of Tunisia.

Article 86

1.  
Either Party 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 shall take the steps required to implement the decision of the arbitrators.

Article 87

Nothing in the Agreement shall prevent a Contracting 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 88

1.  
In the fields covered by this Agreement, and without prejudice to any special provisions contained therein:
— 
the arrangements applied by the Republic of Tunisia 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 the Republic of Tunisia shall not give rise to any discrimination between Tunisian nationals or its companies or firms.

Article 89

Nothing in the 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 fraud or the evasion of taxes,
— 
opposing the right of either Party to apply the relevant provisions of its tax legislation to taxpayers who are not in an identical situation as regards their place of residence.

Article 90

1.  
The Parties shall take any general or specific measures required to fulfil their obligations under the Agreement. They shall see to it that the objectives set out in the Agreement are attained.
2.  
If either Party considers that the other Party has failed to fulfil an obligation under the Agreement, it may take appropriate measures. Before so doing, except in cases of special urgency, it shall supply the Association Council with all the relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.

In the selection of measures, priority must be given to those which least disturb the functioning of the Agreement. These measures shall be notified immediately to the Association Council and shall be the subject of consultations within the Association Council if the other Party so requests.

Article 91

Protocols Nos 1 to 5, Annexes 1 to 7 and the declarations shall form an integral part of the Agreement.

Article 92

For the purposes of this Agreement, ‘Parties’ shall mean, on the one hand, the Community or the Member States, or the Community and its Member States, in accordance with their respective powers, and, on the other hand, Tunisia.

Article 93

This Agreement shall be concluded for an unlimited period.

Either Party may denounce this Agreement by notifying the other Party. The Agreement shall cease to apply six months after the date of such notification.

Article 94

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 the Republic of Tunisia.

Article 95

This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Arabic languages, each of these texts being equally authentic.

Article 96

1.  
The Agreement shall be approved by the Contracting Parties in accordance with their own procedures.

It shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to in the first paragraph have been completed.

2.  
Upon its entry into force, the Agreement shall replace the Cooperation Agreement between the European Community and the Republic of Tunisia and the Agreement between the Member States of the European Coal and Steel Community and the Republic of Tunisia, signed in Tunis on 25 April 1976.

Hecho en Bruselas, el diecisiete de julio de mil novecientos noventa y cinco.

Udfærdiget i Bruxelles den syttende juli nitten hundrede og fem og halvfems.

Geschehen zu Brüssel am siebzehnten Juli neunzehnhundertfünfundneunzig.

Έγινε στις Βρυξέλλες, στις δέκα εφτά Ιουλίου χίλια εννιακόσια ενενήντα πέντε.

Done at Brussels on the seventeenth day of July in the year one thousand nine hundred and ninety-five.

Fait à Bruxelles, le dix-sept juillet mil neuf cent quatre-vingt-quinze.

Fatto a Bruxelles, addì diciassette luglio millenovecentonovantacinque.

Gedaan te Brussel, de zeventiende juli negentienhonderd vijfennegentig.

Feito em Bruxelas, em dezassete de Julho de mil novecentos e noventa e cinco.

Tehty Brysselissä seitsemäntenätoista päivänä heinäkuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäviisi.

Som skedde i Bryssel den sjuttonde juli nittonhundranittiofem.

image

Pour le Royaume de Belgique

Voor het Koninkrijk België

Für das Königreich Belgien

signatory

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 Brusselse Hoofdstedelijke Gewest.

Diese Unterschrift verbindet 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

signatory

Für die Bundesrepublik Deutschland

signatory

Για την Ελληνική Δημοκρατία

signatory

Por el Reino de España

signatory

Pour la République française

signatory

Thar ceann na hÉireann

For Ireland

signatory

Per la Repubblica italiana

signatory

Pour le Grand-Duché de Luxembourg

signatory

Voor het Koninkrijk der Nederlanden

signatory

Für die Republik Österreich

signatory

Pela República Portuguesa

signatory

Suomen tasavallan puolesta

signatory

För Konungariket Sverige

signatory

For the United Kingdom of Great Britain and Northern Ireland

signatory

Por las Comunidades Europeas

For De Europæiske Fællesskaber

Für die Europäischen Gemeinschaften

Για τις Ευρωπαϊκές 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

signatory

signatory

signatory

ANNEX 1

PRODUCTS REFERRED TO IN ARTICLE 10(1)



CN-Code

Description

0403

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

0403 10 51

— Yogurt, flavoured or containing added fruit, nuts or cocoa:

— — — not exceeding 1,5 %

0403 10 53

— — — exceeding 1,5 % but not exceeding 27 %

0403 10 59

— — — exceeding 27 %

— — — other, of a milk fat content by weight:

0403 10 91

— — — not exceeding 3 %

0403 10 93

— — — exceeding 3 % but not exceeding 6 %

0403 10 99

— — — exceeding 6 %

0403 90 71

— Other, flavoured or containing added fruit, nuts or cocoa:

— — in powder, granules or other solid forms, of a milk fat content, by weight:

— — — not exceeding 1,5 %

0403 90 73

— — — exceeding 1,5 % but not exceeding 27 %

0403 90 79

— — — exceeding 27 %

— — other, of a milk fat content by weight:

0403 90 91

— — — not exceeding 3 %

0403 90 93

— — — exceeding 3 % but not exceeding 6 %

0403 90 99

— — — exceeding 6 %

0710 40 00

Sweet corn, uncooked or cooked by steaming or boiling in water, frozen:

0711 90 30

Sweet corn, 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

1517

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

1517 10 10

— Margarine, excluding liquid margarine, containing more than 10 % but not more than 15% by weight of milk fats

1517 90 10

— other, containing more than 10% but not more than 15 % by weight of milk fats

1702 50 00

Chemically pure fructose

1704

Sugar confectionery (including white chocolate), not containing cocoa, except liquorice extract containing more than 10% by weight of sucrose but not containing other added substances, of CN code 1704 90 10

1704 10 11

— Chewing-gum, whether or not sugar-coated:

— — Containing less than 60 % by weight of sucrose (including invert sugar expressed as sucrose):

— — — in strips

1704 10 19

— — — other

— — Containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose):

1704 10 91

— — — in strips

1704 10 99

— — — other

1704 90 30

— White chocolate

— other:

1704 90 51

— — Pastes, including marzipan, in immediate packings of a net content of 1 kg or more

1704 90 55

— Throat pastilles and cough drops

1704 90 61

— Sugar coated (panned) goods

— Other:

1704 90 65

— — Gum confectionery and jelly confectionery including fruit pastes in the form of sugar confectionery

1704 90 71

— — Boiled sweets, whether or not filled

1704 90 75

— — Toffees, caramels and similar sweets

— — other:

1704 90 81

— — — compressed tablets

1704 90 99

— — — other

1806

Chocolate and other food preparations containing cocoa:

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

1806 10 20

— — Containing 5 % or more but less than 65 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

1806 10 30

— — Containing 65 % or more but less than 80 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

1806 10 90

— — Containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

1806 20 10

— Other preparations in blocks, slabs or bars weighing more than 2 kg of in liquid, paste, powder, granular or other bulk form in containers or immediate packing of a content exceeding 2 kg:

— — Containing 31 % or more by weight of cocoa butter or containing a combined weight of 31 % or more of cocoa butter and milk fat

1806 20 30

— — Containing a combined weight of 25 % or more, but less than 31 %, of cocoa butter and milk fat

— other:

1806 20 50

— — Containing 18 % or more by weight of cocoa butter

1806 20 70

— — Chocolate milk crumb

1806 20 80

— — Chocolate flavour coating

1806 20 95

— — other

— other, in blocks, slabs or bars:

1806 31 00

— — filled

1806 32 10

— — not filled:

— — — with added cereal, fruit or nuts

1806 32 90

— — other

1806 90 11

— other:

— — Chocolate and chocolate products:

— — — Chocolates, whether or not filled:

— — — — containing alcohol

1806 90 19

— — — other

— — other:

1806 90 31

— — filled

1806 90 39

— — not filled

1806 90 50

— Sugar confectionery and substitutes therefor made from sugar substitution products, containing cocoa

1806 90 60

— Spreads containing cocoa

1806 90 70

— Preparations containing cocoa for making beverages

1806 90 90

— Other

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 of heading Nos 0401 to 0404, not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 10 %, not elsewhere specified or included

1901 10

— Preparations for infant use, put up for retail sale

1901 20

— Mixes and doughs for the preparation of bakers' wares of heading No 1905

1901 90 11

— Malt extract:

— — with a dry extract content of 90 % or more by weight

1901 90 19

— — other

1901 90 99

— other

1902

Pasta, excluding stuffed pasta falling within CN codes 1902 20 10 and 1902 20 30 ; couscous, whether or not cooked

1902 11

— Uncooked pasta, not stuffed or otherwise prepared:

— — containing eggs

1902 19 10

— not containing flour or common wheat semolina

1902 19 90

— other

— Stuffed pasta, whether or not cooked or otherwise prepared:

1902 20 91

— — cooked

1902 20 99

— — other

— other pasta:

1902 30 10

— — dried

1902 30 90

— — other

1902 40 10

— Couscous:

— — unprepared

1902 40 90

— — other

1903 00 00

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

1904

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals, other than maize (corn), in grain form, pre-cooked or otherwise prepared:

1904 10 10

— Prepared foods obtained by the swelling or roasting of cereals or cereal products:

— — obtained from maize

1904 10 30

— — obtained from rice

1904 10 90

— — other

1904 90 10

— other:

— — rice

1904 90 90

— — other

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:

1905 10 00

— Crispbread

1905 20 10

— Gingerbread and the like:

— — Containing less than 30 % by weight of sucrose (including invert sugar expressed as sucrose)

1905 20 30

— — Containing 30 % or more but less than 50 % by weight of sucrose (including invert sugar expressed as sucrose)

1905 20 90

— — Containing 50 % or more by weight of sucrose (including invert sugar expressed as sucrose)

1905 30 11

— Sweet biscuits; waffles and wafers:

— — Completely or partially coated or covered with chocolate or other preparations containing cocoa:

— — — in immediate packings of a net content not exceeding 85 g

1905 30 19

— — — other

— — other:

— — — sweet biscuits

1905 30 30

— — — — containing 8 % or more by weight of milk fats

— — — — other

1905 30 51

— — — — — sandwich biscuits

1905 30 59

— — — — — other

— — waffles and wafers

1905 30 91

— — — salted, whether or not filled

1905 30 99

— — — other

1905 40 10

— Rusks, toasted bread and similar toasted products:

— — rusks

1905 40 90

— — other

1905 90 10

— — Matzos

1905 90 20

— — Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products:

— — other:

1905 90 30

— — — Bread, not containing added honey, eggs, cheese or fruit, and containing by weight in the dry matter state not more than 5 % of sugars and not more than 5 % of fat

1905 90 40

— — — waffles and wafers with a water content not exceeding 10 % by weight

1905 90 45

— — — Biscuits

1905 90 55

— — — Extruded or expanded products, savoury or salted

— — other:

1905 90 60

— — — with added sweetening matter

1905 90 90

— — — other

2001 90 30

Sweet corn (Zea Mays var. saccharata) prepared or preserved by vinegar or acetic acid

2001 90 40

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

2004 10 91

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

2004 90 10

Sweet corn (Zea Mays var. saccharata) prepared or preserved otherwise than by vinegar or acetic acid, frozen

2005 20 10

Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen

2005 80 00

Sweet corn (Zea Mays var. saccharata) prepared or preserved otherwise than by vinegar or acetic acid, not frozen

2008 92 45

Preparation of the Müsli type based on unroasted cereal flakes

2008 99 85

Maize (corn) other than sweet corn (Zea mays var. saccharata) otherwise prepared or preserved, not containing added sugar or spirit

2008 99 91

Yams, sweet potatoes and similar edible parts of plants containing 5 % by weight or more of starch, otherwise prepared or preserved, not containing added sugar or spirit

2101 10 98

— other

2101 20 98

— other

2101 30 19

Roasted coffee substitutes other than roasted chicory

2101 30 99

Extracts, essences and concentrates of roasted coffee substitutes other than roasted chicory

2102 10 31

— Bakers' yeast

2102 10 39

— other

2105

Ice cream and other edible ice, whether or not containing cocoa:

2105 00 10

— containing no milk fats or containing less than 3 % by weight of such fats

— containing by weight of milk fats:

2105 00 91

— — 3 % or more but less than 7 %

2105 00 99

— — 7 % or more

2106

Food preparations not elsewhere specified or included

2106 10 80

— other

2106 90 10

— Cheese fondues

— Flavoured or coloured sugar syrups:

2106 90 98

— — other

2202 90 91

Non-alcoholic beverages, not including fruit or vegetable juices of CN code 2009, containing products of CN codes 0401 to 0404 or fats obtained from products of CN codes 0401 to 0404

2202 90 95

— other, containing by weight of fat obtained from products of CN codes 0401 to 0404

— — 0,2 % or more but less than 2 %

2202 90 99

— — 2 % or more

2905 43 00

Mannitol

2905 44

D-Glucitol (sorbitol)

2905 44 11

— in aqueous solution:

— — containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

2905 44 19

— — other

— other:

2905 44 91

— — containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

2905 44 99

— — other

3501

Casein, caseinates and other casein derivatives

3505

Dextrins and other modified starches, except esterified and etherified starches of CN code 3505 10 50 :

3505 10

— Dextrins and other modified starches:

3505 10 10

— — Dextrins

— — other modified starches

3505 10 90

— — — other

3505 20

Glues based on starches, or on dextrins or other modified starches

3809 10

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

3823 60

Sorbitol other than that of CN code 2905 44 :

3823 60 11

— in aqueous solution:

— — containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

3823 60 19

— — other

— other:

3823 60 91

— — containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

3823 60 99

— — other

ANNEX 2

PRODUCTS REFERRED TO IN ARTICLE 10(2)



List 1 ()

CN-Code

Description

Quotas (tonnes)

1519

1519 11 00

1519 12 00

1519 13 00

1519 19 10

1519 19 30

1519 19 90

1519 20 00

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

3 480

1520

1520 10 00

1520 90 00

Glycerol (glycerine), whether or not pure; glycerol waters and glycerol lyes

154

1704

1704 10 11

1704 10 19

1704 10 91

1704 10 99

1704 90 10

1704 90 30

1704 90 51

1704 90 55

1704 90 61

1704 90 65

1704 90 71

1704 90 75

1704 90 81

1704 90 99

Sugar confectionery (including white chocolate), not containing cocoa

186

1803

1803 10

1803 20

Cocoa paste, whether or not defatted

100

1805

Cocoa powder, not containing added sugar or other sweetening matter

431

1806

1806 10 15

1806 10 20

1806 10 30

1806 10 90

1806 20 10

1806 20 30

1806 20 50

1806 20 70

1806 20 80

1806 20 95

1806 31 00

1806 32 10

1806 32 90

1806 90 11

1806 90 19

1806 90 31

1806 90 39

1806 90 50

1806 90 60

1806 90 70

1806 90 90

Chocolate and other food preparations containing cocoa

180

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 of heading Nos 0401 to 0404, not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 10%, not elsewhere specified or included;

762

1901 10 00

 

 

1901 20 00

 

 

1901 90 11

 

 

1901 90 19

 

 

1901 90 99

 

 

2106

2106 10 20

2106 10 80

2106 90 10

2106 90 92

2106 90 98

Food preparations not elsewhere specified or including;

370

2203

Beer made from Malt

255

2208

2208 20

2208 30

2208 40

2208 50

2208 90 19

2208 90 31

2208 90 33

2208 90 41

2208 90 45

2208 90 48

2208 90 52

2208 90 58

2208 90 65

2208 90 69

2208 90 73

2208 90 79

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages; compound alcoholic preparations of a kind used for the manufacture of beverages

532

2402

2402 10 00

2402 20 10

2402 20 90

2402 90 00

Cigars

493

2915 90

Other carboxylic acids

153

3505

3505 10 10

3505 10 90

3505 20 10

3505 20 30

3505 20 50

3505 20 90

Dextrins and other modified starches; glues based on starches, or on dextrins or other modified starches

1398

3809

3809 10 10

3809 10 30

3809 10 50

3809 10 90

Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs

990

(1)   

Products for which Tunisia will maintain the level of customs charges prevailing on 1 January 1995 for four years, within the tariff quotas shown, in accordance with the first subparagraph of Article 10(3).


In accordance with the second subparagraph of Article 10(3), during the elimination of the industrial component of the duties pursuant to Article 10(4), the level of the duties to be applied in respect of the products for which the tariff quotas are to be abolished may not be higher than the level of the duties in force on 1 January 1995.



List 2

CN-Code

Description

0710 40 00

Sweet corn, uncooked or cooked by steaming or boiling in water, frozen

0711 90 30

Sweet corn, 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

1702 50 00

Chemically pure fructose

1903

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

2001 90 30

Sweet corn (Zea Mays var. saccharata) prepared or preserved by vinegar or acetic acid

2001 90 40

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

2004 10 91

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

2004 90 10

Sweet corn (Zea Mays var. saccharata) prepared or preserved otherwise than by vinegar or acetic acid, frozen

2005 20 10

Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen

2005 80 00

Sweet corn (Zea Mays var. saccharata) prepared or preserved otherwise than by vinegar or acetic acid, not frozen

2008 92 45

Preparation of the Müsli type based on unroasted cereal flakes

2008 99 85

Maize (corn) other than sweet corn (Zea Mays var. saccharata) otherwise prepared or preserved, not containing added sugar or spirit

2008 99 91

Yams, sweet potatoes and similar edible parts of plants containing 5 % by weight or more of starch, otherwise prepared or preserved, not containing added sugar or spirit

2101 10 98

Preparations based on coffee or on coffee extracts, essences or concentrates, excluding preparations under heading NC 2101 10 91

2101 20 98

Extracts, essences and concentrates of tea or mate and preparations with a basis of these extracts, essences and concentrates, or with a basis of tea or mate, excluding products under heading NC 2101 20 10

2101 30 19

Roasted coffee substitutes other than roasted chicory

2101 30 99

Extracts, essences and concentrates of roasted coffee substitutes other than roasted chicory

2905 43 00

Mannitol

2905 44

D-Glucitol (sorbitol)

2905 44 11

— in aqueous solution:

— — containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

2905 44 19

— — Other

— other:

2905 44 91

— — containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

2905 44 99

— — other

ex  35 01

Casein, caseinates and other casein derivatives

3823 60

Sorbitol other than that of CN code 2905 44

3823 60 11

— in aqueous solution:

— — containing 2 % or less by weight D-mannitol, calculated on the D-glucitol content

3823 60 19

— — other

— other:

3823 60 91

— — containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

3823 60 99

— — other



List 3

CN-Code

Description

ex  15 17

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

1517 10 10

— Margarine, excluding liquid margarine, containing more than 10% but not more than 15% by weight of milk fats

1517 90 10

— other, containing more than 10% but not more than 15% by weight of milk fats

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, pre-cooked or otherwise prepared:

1904 10 10

— Prepared foods obtained by the swelling or roasting of cereals or cereal products:

— — obtained from maize

1904 10 30

— — obtained from rice

1904 10 90

— — other

1904 90 10

— other:

— — rice

1904 90 90

— — other

2105

Ice cream and other edible ice, whether or not containing cocoa

2105 00 10

— containing no milk fats or containing less than 3 % by weight of such fats

— containing by weight of milk fats:

2105 00 91

— — 3 % or more but less than 7 %

2105 00 99

— — 7% or more

2202 90 91

Non-alcoholic beverages, not including fruit or vegetables juices of CN code 2009, containing products of CN codes 0401 to 0404 or fats obtained from products of CN codes 0401 to 0404

2202 90 95

— other, containing by weight of fat obtained from products of CN codes 0401 to 0404:

— — 0,2 % or more but less than 2 %

2202 90 99

— — 2 % or more

ANNEX 3



CN Code

0505100

2519900

2707201

2818100

0505900

2520100

2707209

2818200

1302120

2521000

2707301

2818300

1302130

2523300

2707309

2819100

1302140

2524000

2707401

2820100

1302190

2525100

2707409

2820900

1302200

2525200

2707501

2821100

1302310

2525300

2707509

2821200

1505100

2526100

2707600

2823000

1505900

2526200

2707910

2824100

1515601

2527000

2707990

2824200

1515609

2528100

2708100

2824900

1516200

2528900

2708200

2825100

1522000

2529100

2709009

2825200

1702909

2529210

2712109

2825300

1804000

2529220

2712209

2825400

2001909

2529300

2712909

2825500

2101200

2530100

2713119

2825600

2101300

2530200

2713129

2825700

2103301

2530300

2713909

2825800

2106100

2530900

2714108

2825909

2106900

2601110

2714109

2826110

2403100

2601120

2714909

2826120

2403910

2601200

2715002

2826190

2403990

2602000

2715009

2826200

2501001

2603000

2801100

2826300

2501009

2604000

2801200

2826900

2502000

2605000

2801300

2827100

2504100

2606000

2802000

2827200

2504900

2607000

2803000

2827310

2505100

2608000

2804100

2827320

2505900

2609000

2804210

2827330

2506100

2610000

2804290

2827340

2506210

2611000

2804300

2827350

2506290

2612100

2804400

2827360

2507001

2612200

2804500

2827370

2507002

2613100

2804610

2827380

2508100

2613900

2804690

2827390

2508200

2614000

2804800

2827410

2508300

2615100

2804900

2827490

2508401

2615900

2805110

2827510

2508409

2616100

2805190

2827590

2508500

2616900

2805210

2827600

2508600

2617100

2805220

2828100

2508700

2617900

2805300

2828901

2509000

2618000

2809100

2828902

2511200

2619000

2810000

2828909

2512000

2620110

2811110

2829110

2513110

2620190

2811210

2829190

2513190

2620200

2811220

2829900

2513210

2620300

2811230

2830100

2513290

2620400

2812100

2830200

2514000

2621000

2812900

2830300

2516110

2701110

2813100

2830901

2516120

2701120

2813900

2830909

2516210

2701190

2814100

2831100

2516220

2701200

2814200

2831900

2517100

2702100

2815110

2832100

2517200

2702200

2815120

2832200

2517300

2703000

2815201

2832300

2517410

2704001

2815202

2833110

2517490

2704002

2815300

2833190

2518100

2705000

2816100

2833210

2518200

2706000

2816200

2833220

2518300

2707101

2816300

2833230

2519100

2707109

2817000

2833240

2833250

2902420

2909430

2917130

2833260

2902430

2909440

2917140

2833270

2902440

2909490

2917190

2833290

2902500

2909500

2917200

2833300

2902600

2909600

2917310

2833400

2902700

2910100

2917320

2834220

2903110

2910200

2917330

2835100

2903120

2910300

2917340

2835210

2903130

2910900

2917350

2835220

2903140

2911000

2917360

2835230

2903150

2912110

2917370

2835249

2903160

2912120

2917390

2835260

2903190

2912130

2918110

2835290

2903210

2912190

2918120

2835390

2903220

2912210

2918130

2836100

2903230

2912290

2918140

2836200

2903510

2912300

2918150

2836300

2903590

2912410

2918160

2836409

2903610

2912420

2918170

2836500

2903621

2912490

2918190

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9031900

9402902

8906009

9014200

9032100

9402909

9001100

9014800

9032900

9405501

9001200

9014900

9033000

9502910

9002110

9015300

9107000

9502991

9002190

9015900

9108110

9506110

9002200

9017109

9108120

9506120

9002900

9017209

9108190

9506190

9004903

9017300

9108200

9506290

9005100

9017809

9108910

9506310

9005801

9017900

9108990

9506320

9005809

9018110

9109110

9506390

9005901

9018190

9109190

9506400

9005909

9018200

9109900

9506510

9006200

9018320

9110110

9506590

9006301

9018390

9110120

9506610

9006309

9018410

9110190

9506690

9006400

9018491

9110900

9506700

9006510

9018499

9114100

9506910

9006520

9018500

9114200

9506990

9006530

9018902

9114300

9507100

9006590

9018903

9114400

9507201

9006610

9018904

9114900

9507202

9006620

9018909

9201100

9507300

9006690

9019100

9201200

9507900

9006910

9019200

9201900

9508000

9006990

9020000

9202100

9603500

9007110

9021211

9202900

9603901

9007191

9021291

9203000

9603909

9007199

9022110

9204100

9606300

9007210

9022210

9204200

9607201

9007290

9022900

9205100

9608103

9007910

9024900

9205900

9608409

9007920

9025190

9206000

9608600

9008100

9025209

9207100

9609200

9008300

9025900

9207900

 

9008900

9026900

9208100

 

ANNEX 4



CN Code

1302320

2936250

3603009

3923299

1506000

2936260

3604100

3923300

1521100

2936270

3604901

3923400

1521900

2936280

3604902

3923500

2008910

2936290

3604909

3923900

2101100

2936900

3605000

3924100

2103100

2937100

3606901

3924900

2205100

2937210

3701300

3925101

2205900

2937220

3808301

3925109

2503100

2937290

3808302

3925200

2503900

2937910

3808309

3925300

2510100

2937920

3823909

3925900

2510200

2937990

3902100

3926100

2511101

2938100

3904220

3926209

2511109

2938900

3904690

3926300

2515110

2939100

3905510

3926400

2515200

2939210

3906901

3926901

2516901

2939290

3907501

3926905

2516902

2939300

3907509

3926906

2520200

2939400

3909101

3926909

2522100

2939500

3915100

4011101

2530400

2939600

3915200

4011202

2710001

2939700

3915300

4011203

2710003

2939901

3915900

4011209

2710005

2939909

3916100

4104109

2710009

2941100

3916200

4104210

2713209

2941200

3916900

4104229

2804700

2941300

3917100

4104299

2805400

2941400

3917210

4104319

2806200

2941500

3917220

4104399

2808000

2941900

3917230

4105110

2811190

2942000

3917290

4105129

2811290

3208101

3917310

4105190

2819900

3208102

3917320

4105209

2822000

3208103

3917330

4106110

2828903

3208201

3917390

4106129

2834109

3208202

3917400

4106190

2834299

3208203

3919100

4106209

2837110

3208901

3920200

4107100

2837190

3208902

3920420

4108000

2837200

3208903

3920510

4109000

2838000

3209101

3920590

4110000

2843100

3209102

3920610

4201000

2843210

3209901

3920620

4205001

2843290

3209902

3920630

4205002

2843300

3210001

3920690

4206101

2843900

3210002

3920710

4206109

2844100

3210003

3920720

4206900

2844200

3211000

3920731

4301100

2844300

3212902

3920739

4301200

2844500

3214101

3920790

4301300

2845100

3214109

3920910

4301400

2845900

3215190

3920920

4301500

2902900

3302100

3920930

4301600

2903290

3401193

3920940

4301700

2903300

3406000

3920990

4301800

2903400

3601001

3921110

4301900

2903622

3601009

3921130

4302110

2904100

3602001

3921900

4302120

2931001

3602002

3922100

4302130

2932120

3602003

3922200

4302190

2936100

3602004

3922900

4302200

2936210

3602009

3923100

4302300

2936220

3603001

3923211

4303100

2936230

3603002

3923219

4303900

2936240

3603003

3923291

4304000

4409100

4811399

5206150

5509610

4409200

4811400

5206210

5509620

4412110

4811901

5206220

5509690

4412120

4813100

5206230

5509910

4412190

4813200

5206240

5509920

4412210

4814100

5206250

5509990

4412290

4814200

5206310

5510110

4412910

4814300

5206320

5510120

4412990

4814900

5206330

5510200

4414000

4815000

5206340

5510300

4415100

4818500

5206350

5510900

4415200

4823200

5206410

5513110

4416000

4823400

5206420

5513120

4417002

4823902

5206430

5513130

4417009

4823903

5206440

5513190

4418100

4823905

5206450

5513210

4418200

4904001

5401101

5513220

4418300

4907003

5401102

5513230

4418400

4907009

5401201

5513290

4418500

4908102

5401202

5513310

4418901

4908109

5407100

5513320

4418909

4908902

5407200

5513330

4420100

4908909

5407300

5513390

4420900

4909000

5407410

5513410

4421100

4910001

5407420

5513420

4421901

4910009

5407430

5513430

4421904

4911109

5407440

5513490

4421909

4911910

5407510

5514110

4502000

4911990

5407520

5514120

4503100

5106100

5407530

5514130

4503900

5106200

5407540

5514190

4504100

5107200

5407600

5514210

4504900

5111110

5407710

5514220

4601100

5111190

5407720

5514230

4707100

5111200

5407730

5514290

4707200

5111300

5407740

5514310

4707300

5111900

5407810

5514320

4707900

5112110

5407820

5514330

4804110

5112190

5407830

5514390

4804190

5112200

5407840

5514410

4805100

5112300

5407910

5514420

4805221

5112900

5407920

5514430

4805222

5113001

5407930

5514490

4805229

5113002

5407940

5516110

4805230

5202100

5408100

5516120

4805291

5202990

5408210

5516130

4805299

5205110

5408220

5516140

4805300

5205120

5408230

5516210

4805500

5205130

5408240

5516220

4806100

5205140

5408310

5516230

4806200

5205150

5408320

5516240

4806300

5205210

5408330

5516310

4806400

5205220

5408340

5516320

4807100

5205230

5505100

5516330

4807910

5205240

5505200

5516340

4807990

5205250

5508101

5516410

4808200

5205310

5508109

5516420

4808300

5205320

5508201

5516430

4908900

5205330

5508209

5516440

4810110

5205340

5509110

5516910

4810120

5205350

5509120

5516920

4810210

5205410

5509210

5516930

4810290

5205420

5509220

5516940

4810310

5205430

5509310

5601211

4810320

5205440

5509320

5601212

4810390

5205450

5509410

5601221

4810991

5206110

5509420

5601222

4810992

5206120

5509510

5601229

4811100

5206130

5509530

5601291

4811310

5206140

5509590

5601299

5601300

6001910

6802930

7018200

5602100

6001920

6802990

7018901

5602210

6001991

6803000

7018909

5602290

6001999

6804221

7117110

5602900

6116100

6804222

7117191

5607101

6117809

6804223

7117192

5607210

6117900

6804224

7117193

5607291

6301100

6804225

7117199

5607299

6306111

6804229

7117900

5607301

6306112

6804230

7204100

5607410

6306121

6805100

7204210

5607491

6306122

6805200

7204290

5607499

6306191

6805300

7204300

5607501

6306192

6808000

7204410

5607509

6306210

6809110

7204490

5607901

6306220

6809190

7204500

5702200

6306290

6809900

7206100

5704100

6306310

6810190

7208310

5704900

6306390

6810910

7208330

5802110

6306410

6810990

7208340

5802190

6306490

6811100

7208350

5802200

6306911

6811200

7208430

5802300

6306919

6811300

7208440

5803100

6306991

6811900

7208450

5803900

6306999

6813100

7208900

5804100

6307900

6813900

7210311

5804210

6308000

6901001

7210411

5804290

6402110

6901002

7212211

5806100

6403110

6901003

7212301

5806200

6406200

6901009

7213201

5806319

6406910

6902209

7213310

5806329

6406991

6902909

7213410

5806399

6406992

6903209

7214301

5806400

6406999

6905109

7214401

5807101

6501001

6905901

7214402

5807109

6501009

6905909

7214403

5807901

6502001

6907100

7214501

5807909

6503000

6907901

7214502

5808100

6504000

6908101

7214503

5808901

6505100

6908102

7216601

5808902

6505901

6908108

7217111

5808909

6505902

6908109

7217112

5810100

6505903

6909900

7217119

5810910

6505909

6914101

7217122

5810920

6506100

6914109

7217131

5810990

6506910

6914901

7217132

5811001

6506920

6914909

7217191

5811002

6506990

7001000

7217192

5811003

6601100

7004900

7217211

5811009

6601911

7005100

7217212

5901100

6601919

7005301

7217221

5901900

6601991

7005309

7217222

5904100

6601999

7006000

7217231

5904910

6602000

7007111

7217232

5904920

6701001

7007119

7217291

5906100

6701009

7007190

7217292

5906910

6702100

7007211

7217311

5906990

6702900

7007219

7217312

5907001

6703000

7007290

7217321

5907002

6704110

7008000

7217322

5907009

6704190

7009100

7217331

6001101

6704200

7009910

7217332

6001102

6704900

7009920

7217391

6001103

6801000

7010909

7217392

6001104

6802101

7015901

7301100

6001109

6802102

7015909

7304100

6001210

6802220

7016100

7304310

6001220

6802230

7016901

7304931

6001291

6802290

7016909

7304399

6001299

6802920

7018100

7305120

7305310

7415390

8214102

8421992

7305390

7417001

8214200

8421999

7305900

7418100

8214901

8422900

7306100

7418200

8214909

8423100

7306200

7419999

8301600

8423900

7306400

7503000

8301709

8424890

7306500

7602000

8302200

8424900

7308100

7606111

8302300

8425490

7309000

7606911

8302490

8426910

7310100

7607191

8304000

8427900

7310210

7607199

8305200

8428320

7310290

7607201

8306100

8428500

7313000

7607209

8306210

8431310

7314110

7608201

8306290

8431390

7314420

7608209

8306300

8432909

7314490

7611000

8307900

8433200

7317004

7612900

8308100

8433300

7317009

7614100

8308200

8433510

7318110

7615200

8308901

8436290

7318130

7616100

8308902

8436800

7318140

7616901

8308909

8436910

7318151

7616909

8309100

8436990

7318153

7802000

8309901

8438100

7318154

7803003

8309902

8438900

7318169

7805001

8309909

8439910

7318190

7805002

8310000

8439990

7318210

7806002

8311200

8440900

7318220

7902000

8311300

8441900

7318240

7907909

8401100

8448200

7318290

8002000

8401300

8448510

7320209

8006002

8401400

8448590

7320900

8101910

8402190

8449000

7321130

8104190

8402200

8450901

7321821

8105100

8404900

8450902

7321830

8109100

8407310

8451900

7321902

8109900

8407320

8452100

7321903

8112110

8407330

8452900

7321909

8112300

8407340

8462290

7322900

8113000

8408200

8462910

7323100

8201100

8408909

8465990

7323910

8201200

8409910

8468900

7323920

8201300

8409990

8474900

7323939

8201400

8413110

8476110

7323941

8201900

8413200

8476190

7323949

8202310

8413910

8476900

7323990

8202320

8413920

8479820

7324100

8202990

8414510

8479900

7324211

8205100

8414600

8480200

7324219

8205200

8415819

8481901

7324291

8205300

8415831

8481902

7324299

8205510

8415839

8481909

7324901

8205590

8415900

8483100

7324902

8205600

8416100

8483200

7324909

8205700

8416900

8483300

7326200

8205800

8417200

8483400

7326904

8206000

8417900

8483500

7404000

8207200

8418290

8483600

7407210

8207300

8418694

8483900

7410110

8207400

8418695

8484100

7410120

8207500

8418699

8484909

7411101

8207600

8418991

8502301

7411210

8207700

8418992

8502302

7411220

8207800

8418993

8503000

7411290

8207900

8418994

8504402

7413000

8208200

8418995

8504403

7415100

8208400

8418999

8504409

7415210

8208909

8419110

8506200

7415290

8212901

8419190

8512209

7415310

8213000

8419819

8512900

7415320

8214101

8421991

8513109

8514100

8536100

8705100

9025801

8514900

8536209

8705200

9028201

8515310

8536499

8705300

9028309

8516101

8536502

8705400

9032891

8516210

8536619

8705901

9032892

8516602

8536699

8705909

9101111

8516609

8536903

5706001

9101112

8516710

8538100

5706009

9101121

8516901

8538900

8707100

9101122

8516902

8539100

8707900

9101191

8516909

8539291

8708100

9101192

8517101

8539299

8708210

9101211

8517301

8539399

8708290

9101212

8517302

8539900

8708390

9101291

8517309

8540490

8708400

9101292

8517810

8541900

8708500

9101911

8517901

8543100

8708600

9101912

8517909

8544111

8708700

9101991

8518100

8544119

8708930

9101992

8518219

8544190

8708940

9103101

8518220

8544301

8708991

9103109

8518291

8544309

8708999

9103901

8518299

8544591

8709190

9103909

8518500

8544592

8709900

9104000

8518900

8544601

8710000

9105111

8519100

8544602

8711301

9105119

8519210

8544700

8711309

9105191

8519910

8546100

8711401

9105199

8519990

8546900

8711409

9105211

8520310

8547200

8711500

9105219

8520390

8547900

8711900

9105291

8520900

8548000

8714199

9105299

8522900

8605000

8714930

9105911

8523902

8606990

8714940

9105919

8523903

8607120

8714960

9105991

8523909

8702900

8714999

9105999

8524905

8703100

8715002

9106100

8524906

8703211

8716900

9106200

8524907

8703213

8802111

9106900

8524909

8703219

8802119

9111101

8525101

8703221

8802121

9111102

8525102

8703223

8802129

9111200

8525300

8703224

8802201

9111800

8527110

8703229

8802209

9111901

8527190

8703231

8802301

9111902

8527210

8703232

8802309

9111909

8527290

8703239

8802401

9112100

8527313

8703241

8802409

9112801

8527314

8703242

8802500

9112809

8527323

8703249

8804000

9112901

8527329

8703311

8805100

9112909

8527391

8703312

8805200

9113100

8527392

8703319

8903100

9113200

8527393

8703321

8903910

9113901

8527394

8703329

8903920

9113909

8527399

8703331

8903990

9301000

8527900

8703332

8906001

9302000

8529109

8703339

8907100

9303100

8529902

8703901

8907900

9303200

8529903

8703902

9001300

9303300

8529905

8703909

9001400

9303900

8529909

8704101

9001500

9304000

8531200

8704109

9001900

9305100

8531800

8704211

9004101

9305210

8531900

8704221

9004901

9305290

8534000

8704229

9004904

9305901

8535100

8704319

9017201

9305909

8535300

8704321

9017801

9306100

8535901

8704329

9025111

9306210

8535909

8704900

9025201

9306290

9306301

9405509

9603210

9613100

9306309

9405600

9603290

9613201

9306901

9405911

9603300

9613209

9306909

9405919

9603400

9613301

9307000

9405920

9604000

9613309

9401100

9405991

9605000

9613801

9401801

9405999

9606101

9613809

9401901

9406000

9606102

9613901

9401902

9501000

9606210

9613909

9401909

9502999

9606220

9614100

9402109

9503100

9606290

9614201

9402901

9503200

9607110

9614209

9403901

9503300

9607190

9614900

9403902

9504100

9607209

9615110

9403909

9504200

9608101

9615190

9405101

9504300

9608201

9615901

9405102

9504401

9608203

9615902

9405103

9504409

9608206

9615909

9405104

9504900

9608209

9616100

9405109

9505100

9608311

9616200

9405201

9505900

8608319

9617000

9405202

9506210

9608391

9618000

9405203

9601101

9608401

9701100

9405204

9601109

9608501

9701900

9405209

9601901

9608911

9702000

9405300

9601902

9608919

9703000

9405401

9601903

9608999

9704000

9405402

9601909

9609901

9705000

9405403

9602001

9609909

9706000

9405404

9602002

9610000

 

9405405

9602009

9611000

 

9405409

9603100

9612200

 

ANNEX 5



CN Code

0509009

3401192

4202911

4810910

1212200

3401200

4202919

4810999

1517900

3402110

4202921

4811210

1518000

3402199

4202929

4811290

2008110

3402200

4202991

4811909

2103200

3402900

4202999

4816100

2103302

3405100

4203101

4816200

2103900

3506100

4203102

4816300

2104100

3606100

4203109

4816900

2104200

3606909

4203210

4817100

2202100

3808101

4203291

4817200

2202900

3808109

4203299

4817300

2207101

3808201

4203301

4818100

2207109

3808209

4203309

4818200

2207201

3808401

4203400

4818300

2207209

3808409

4205009

4818401

2208100

3808901

4407100

4818402

2208901

3808909

4407210

4818409

2208902

3813000

4407220

4818900

2208909

3819000

4407230

4819100

2515121

3920100

4407910

4819201

2515129

3920300

4407920

4819209

2522200

3920410

4407990

4819300

2522300

3923212

4408101

4819400

2523100

3923292

4408109

4819500

2523210

4008110

4408201

4819600

2523290

4008190

4408209

4820100

2523900

4008210

4408901

4820200

2620500

4008290

4408909

4820300

2620900

4009101

4410100

4820400

2710007

4009109

4410900

4820501

2806100

4011009

4411110

4820509

2807000

4011201

4411190

4820900

2809200

4011400

4411210

4821100

2825901

4011500

4411290

4821900

2834219

4011910

4411310

4822901

3005100

4011991

4411390

4822909

3005900

4011992

4411910

4823110

3006100

4011993

4411990

4823190

3006600

4011994

4419000

4823519

3215110

4011995

4802100

4823590

3303001

4011999

4802510

4823600

3303002

4012101

4802521

4823700

3303003

4012109

4802529

4823909

3303004

4012201

4802530

4901911

3304100

4012209

4802600

4901912

3304200

4012900

4803001

4901991

3304300

4013101

4803009

4901992

3304910

4013109

4804210

5208110

3304990

4013200

4804290

5208120

3305100

4013901

4804310

5208130

3305200

4013909

4804390

5208190

3305300

4016910

4804410

5208210

3305901

4016920

4804420

5208220

3305909

4016930

4804490

5208230

3306100

4016992

4804510

5208290

3306900

4016993

4804520

5208310

3307101

4202110

4804590

5208320

3307109

4202120

4805210

5208330

3307200

4202190

4805600

5208390

3307300

4202210

4805700

5208410

3307410

4202220

4805800

5208420

3307490

4202290

4808100

5208430

3307900

4202310

4809100

5208490

3401119

4202320

4809200

5208510

3401191

4202390

4809900

5208520

5208530

5515220

6104440

6112399

5208590

5515290

6104491

6112410

5209110

5515910

6104499

6112491

5209120

5515920

6104510

6112499

5209190

5515990

6104520

6113000

5209210

5601100

6104530

6114100

5209220

5703100

6104591

6114200

5209290

5703200

6104599

6114300

5209310

5703300

6104610

6114901

5209320

5703900

6104620

6114909

5209390

6002100

6104630

6115110

5209410

6002200

6104691

6115120

5209420

6002300

6104699

6115191

5209430

6002410

6105100

6115199

5209490

6002420

6105200

6115201

5209510

6002430

6105901

6115202

5209520

6002491

6105909

6115209

5209590

6002499

6106100

6115910

5210110

6002910

6106200

6115929

5210120

6002920

6106901

6115939

5210190

6002930

6106909

6115991

5210210

6002991

6107110

6115999

5210220

6002999

6107120

6116910

5210290

6101100

6107191

6116920

5210310

6101200

6107199

6116930

5210320

6101300

6107210

6116991

5210390

6101901

6107220

6116999

5210410

6101909

6107291

6117101

5210420

6102100

6107299

6117102

5210490

6102200

6107910

6117103

5210510

6102300

6107920

6117109

5210520

6102901

6107991

6117201

5210590

6102909

6107992

6117202

5211110

6103110

6107999

6117203

5211120

6103120

6108110

6117209

5211190

6103191

6108191

6201110

5211210

6103199

6108199

6201120

5211220

6103210

6108210

6201130

5211290

6103220

6108220

6201191

5211310

6103230

6108291

6201199

5211320

6103291

6108299

6201910

5211390

6103299

6108310

6201920

5211410

6103310

6108320

6201930

5211420

6103320

6108391

6201991

5211430

6103330

6108399

6201999

5211490

6103391

6108910

6202110

5211510

6103399

6108920

6202120

5211520

6103410

6108991

6202130

5211590

6103420

6108999

6202191

5212110

6103430

6109100

6202199

5212120

6103491

6109901

6202910

5212130

6103499

6109902

6202920

5212140

6104110

6109909

6202930

5212150

6104120

6110100

6202991

5212210

6104130

6110200

6202999

5212220

6104191

6110300

6203110

5212230

6104199

6110901

6203120

5212240

6104210

6110909

6203191

5212250

6104220

6111100

6203199

5512110

6104230

6111200

6203210

5512190

6104291

6111300

6203220

5512210

6104299

6111901

6203230

5512290

6104310

6111909

6203291

5512910

6104320

6112110

6203299

5512990

6104330

6112120

6203310

5515110

6104391

6112191

6203320

5515120

6104399

6112199

6203330

5515130

6104410

6112200

6203391

5515190

6104420

6112310

6203399

5515210

6104430

6112391

6203410

6203420

6209901

6302602

6912009

6203430

6209909

6302910

6913100

6203491

6210100

6302920

6913901

6203499

6210200

6302930

6913909

6204110

6210300

6302990

7010100

6204120

6210400

6303110

7012000

6204130

6210500

6303120

7013100

6204191

6211111

6303190

7013210

6204199

6211112

6303910

7013291

6204210

6211119

6303920

7013292

6204220

6211121

6303990

7013299

6204230

6211122

6304110

7013310

6204291

6211129

6304190

7013320

6204299

6211200

6304910

7013391

6204310

6211311

6304920

7013399

6204320

6211319

6304930

7013910

6204330

6211321

6304990

7013991

6204391

6211329

6305100

7013992

6204399

6211331

6305200

7013999

6204410

6211339

6305310

7020001

6204420

6211391

6305390

7020009

6204430

6211392

6305900

7101101

6204440

6211399

6310101

7101102

6204491

6211411

6310109

7101210

6204499

6211419

6310901

7101220

6204510

6211421

6310909

7102100

6204520

6211429

6401100

7102210

6204530

6211431

6401910

7102290

6204591

6211439

6401920

7102310

6204599

6211491

6401990

7102390

6204610

6211492

6402190

7103101

6204620

6211499

6402200

7103109

6204630

6212101

6402300

7103911

6204691

6212109

6402910

7103919

6204699

6212201

6402990

7103991

6205100

6212209

6403190

7103999

6205200

6212301

6403200

7104109

6205300

6212309

6403300

7104209

6205901

6212901

6403400

7104909

6205909

6212909

6403510

7105100

6206100

6213100

6403590

7105900

6206200

6213200

6403910

7106100

6206300

6213900

6403990

7106910

6206400

6214100

6404110

7106921

6206900

6214200

6404191

7106922

6207110

6214300

6404199

7106929

6207191

6214400

6404201

7107001

6207199

6214900

6464209

7107002

6207210

6215100

6405100

7108110

6207220

6215200

6405200

7108121

6207291

6215900

6405900

7108129

6207299

6216001

6406101

7108131

6207910

6216009

6406109

7108139

6207920

6301200

6802210

7108200

6207991

6301300

6802910

7109000

6207999

6301400

6907902

7110110

6208110

6301900

6907909

7110191

6208191

6302100

6908901

7110192

6208199

6302210

6908902

7110199

6208210

6302220

6908908

7110210

6208220

6302290

6908909

7110291

6208291

6302310

6910100

7110299

6208299

6302320

6910900

7110310

6208910

6302390

6911101

7110391

6208920

6302400

6911109

7110399

6208991

6302510

6911901

7110410

6208999

6302520

6911909

7110491

6209100

6302530

6912001

7110499

6209200

6302590

6912002

7111000

6209300

6302601

6912003

7112100

7112200

7316000

8302410

8502110

7112900

7317001

8302420

8502120

7113111

7317003

8302500

8502130

7113112

7318120

8303000

8504100

7113113

7318159

8311100

8504210

7113114

7318231

8403101

8504220

7113119

7318232

8403109

8504319

7113191

7318239

8408100

8504320

7113192

7320101

8408901

8504330

7113193

7320109

8413301

8504340

7113194

7320201

8413302

8504401

7113195

7321111

8413309

8506110

7113196

7321119

8413702

8506120

7113197

7321120

8413709

8506130

7113198

7321810

8413811

8506190

7113199

7321829

8413812

8507100

7113201

7322110

8413819

8507200

7113202

7322190

8415100

8507903

7113203

7323931

8415811

8515390

7113209

7325100

8415820

8516102

7114111

7325910

8418100

8516290

7114119

7325990

8418210

8516601

7114191

7326110

8418220

8517109

7114192

7326905

8418300

8528100

7114193

7326909

8418400

8528200

7114199

7409111

8418500

8529101

7114201

7409191

8418610

8529102

7114209

7409211

8418691

8529901

7115100

7409291

8418692

8529904

7115901

7411109

8418693

8531100

7115902

7412200

8418910

8536201

7115903

7419994

8419811

8536300

7115909

7604103

8421230

8536491

7116101

7604210

8421310

8536501

7116109

7604293

8422400

8536509

7116201

7608100

8423810

8536611

7116209

7610100

8423820

8536691

7118101

7610900

8424100

8536901

7118109

7612100

8424811

8536902

7118901

7615100

8424819

8537100

7118902

7616906

8425421

8537200

7118909

8202100

8425429

8539221

7207110

8202200

8426110

8544112

7207120

8202910

8428100

8544201

7207190

8203100

8432100

8544209

7207200

8203200

8432210

8544410

7213100

8204110

8432290

8544491

7214200

8204120

8432401

8544499

7216211

8205400

8432409

8544511

7216219

8205900

8433400

8544519

7306300

8208100

8436210

8544593

7306600

8211100

8450110

8544599

7306900

8211911

8450120

8544603

7307110

8211912

8450190

8544609

7307190

8211919

8452400

8607110

7307910

8211921

8462390

8609001

7307920

9211929

8465100

8609009

7308200

8211931

8465910

8701200

7308300

8211932

8465920

8702100

7308400

8211939

8465950

8704212

7308901

8212101

8474311

8704219

7308909

8215100

8481102

8704230

7311000

8215200

8481809

8704311

7312100

8215910

8484901

8708310

7314190

8215990

8501201

8708800

7314200

8301100

8501209

8708910

7314300

8301200

8501400

8708920

7314410

8301300

8501519

8708992

7314500

8301400

8501521

8708993

7315820

8302100

8501529

8711101

8711109

8716390

9401200

9404210

8711201

8716400

9401300

9404290

8711209

8716800

9401400

9404300

8712001

9003110

9401500

9404900

8712009

9003191

9401610

9502100

8714110

9003199

9401690

9503410

8714191

9003900

9401710

9503490

8714192

9004109

9401790

9503500

8714193

9004902

9401809

9503600

8714194

9004909

9402101

9503700

8714195

9017101

9403100

9503800

8714200

9018310

9403201

9503900

8714910

9028202

9403202

9506620

8714920

9028301

9403209

9608102

8714950

9102110

9403300

9608109

8714991

9102120

9403400

9608202

8714992

9102190

9403500

9608399

8715001

9102210

9403600

9608509

8716100

9102290

9403700

9608991

8716200

9102910

9403800

9609100

8716310

9102990

9404100

9612100

ANNEX 6



CN Code

0403900

5701901

0403100

5701902

1902110

5701903

1902190

5701909

1902200

5702100

1902300

5702310

1902400

5702320

1905100

5702390

1905200

5702410

1905300

5702420

1905400

5702490

1905901

5702510

1905902

5702520

1905909

5702590

2102100

5702910

2102200

5702920

2102300

5702990

2201100

5705000

2201900

5804300

5701101

5805000

5701102

6307100

5701103

6309000

5701109

 

ANNEX 7

relating to intellectual, industrial and commercial property

1. By the end of the fourth year after the entry into force of the Agreement, Tunisia shall accede to the following multilateral conventions on the protection of intellectual, industrial and commercial property:

— 
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 1961);
— 
Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (1977, amended in 1980);
— 
Patent Cooperation Treaty (1970, amended in 1979 and modified in 1984);
— 
International Convention for the Protection of the New Varieties of Plant (Act of Geneva, 1991);
— 
Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Geneva, 1977).

2. The Association Council may decide that paragraph 1 of this Annex applies to other multilateral conventions in this field. In this connection, Tunisia will do its utmost to accede in particular to the conventions to which the Member States of the European Community are party.

3. The Contacting Parties express their attachment to observing the opbligations flowing from the following multilateral conventions:

— 
Paris Convention for the Protection of Industrial Property in the 1967 Act of Stockholm (Paris Union);
— 
Berne Convention for the Protection of Literary and Artistic Works in the Act of Paris of 24 July 1971.

PROTOCOL No 1

on the arrangements applying to imports into the Community of agricultural products originating in Tunisia



Article 1

1.  
The products listed in the Annex, originating in Tunisia, shall be admitted for import into the Community in accordance with the conditions set out below and in the Annex.
2.  
Import duties shall be either eliminated or reduced by the percentage indicated in respect of each product in column (a).

Where the Common Customs Tariff provides for the application of ad valorem custums duties and a specific customs duty in respect of certain products, the rates of reduction shown in column (a) and in column (c), as referred to in paragraph 3, shall apply only to the ad valorem customs duty.

3.  
The customs duties shall be eliminated in respect of certain products within the limits of the tariff quotas shown against them in column (b).

The Common Customs Tariff duties in respect of the quantities imported in excess of the quotas shall be reduced by the percentage indicated in column (c).

4.  
The reference quantities fixed in respect of certain other products exempt from customs duties are shown in column (d).

Where imports of a product exceed the reference quantities, the Community may, having regard to an annual review of trade flows which is shall carry out, make the product concerned subject to a Community tariff quota the volume of which shall be equal to the reference quantity. In such a case, for quantities imported in excess of the quota, the common customs tariff duty shall, according to the product concerned, be applied in full or reduced, as indicated in column (c).

5.  
For some of the products referred to in paragraphs 3 and 4 and indicated in column (e), the quotas or reference quantities shall be increased from ►M1  1 January 2002 to 1 January 2005 ◄ on the basis of four equal instalments each corresponding to 3 % of these amounts.
6.  
For some of the products other than those referred to in paragraphs 3 and 4 and indicated in column (e), the Community may fix a reference quantity as provided for in paragraph 4 if, in the light of the annual review of trade which it shall carry out, it establishes that the volume of imports may cause difficulties on the Community market. If, subsequently, the product is subject to a tariff quota under the conditions set out in paragraph 4, the Common Customs Tariff duty shall be applied in full or reduced, depending on the product concerned, by the percentage shown in column (c) in respect of the quantities imported in excess of the quota.

Article 2

Article 1 shall apply in respect of wines of fresh grapes of heading 2204 of the Combined Nomenclature, originating in Tunisia and entitled to a designation of origin, where such wines are put up in containers holding two litres or less and have an actual alcoholic strength of 15 % volume or less.

In accordance with Tunisian law, these wines shall have the following designations: ►M1  Côteaux de Tebourba ◄ , Côteaux d'Utique, Sidi Salem, Kelibia, Thibar, Mornag, Grand cru Mornag.

▼M1

Wines with a designation of origin originating in Tunisia must be accompanied by a certificate indicating their origin in accordance with the model specified in the preferential agreement or by documents V I 1 or V I 2 completed in accordance with Article 9 of Regulation (EEC) No 3590/85 on the certificate and analysis report required for the importation of wine, grape juice and grape must.

▼M1

Article 3

▼M2

1.  
Imports of untreated olive oil falling within CN codes 1509 10 10 and 1509 10 90 , wholly obtained in Tunisia and transported direct from Tunisia to the Community, shall be allowed to enter the Community at a zero rate of duty from 1 January 2001, up to a maximum of 50 000 tonnes. An annual quantity of 700 tonnes shall be added as of 1 May 2004.
2.  
Starting on 1 January 2002, this quantity shall be increased annually by 1 500 tonnes over four years, with a view to achieving an annual quantity of 56 700 tonnes from 1 January 2005.

▼M1

3.  
If these imports risk harming the balance on the Community market in olive oil, especially because of the Community's obligations regarding this product in the WTO, the Contracting Parties shall consult each other with a view to finding measures appropriate to the situation, acceptable to both Parties and capable of resolving the problem.

▼B

ANNEX I

▼M1



Arrangements applying to imports into the Community of agricultural products originating in Tunisia

CN code

Description

Rate of reduction of of customs duties

(%)

Tariff quotas

(tonnes)

Rate of reduction of customs duties outside existing or future tariff quotas

(%)

Reference quantity

(tonnes)

Specific provisions

a

b

c

d

e

0101 19 90

Horses other than those for slaughter

100

 

80

 

Art. 1 (6)

ex  02 04

Meat of sheep or goats, fresh, chilled or frozen, other than meat of domestic sheep

100

 

 

 

0208

Other meat and edible meat offal, fresh, chilled or frozen

100

 

 

 

0407 00 90

Bird's eggs, in shell, fresh, preserved or cooked, other than of poultry

100

 

 

 

 

0409 00 00

Natural honey

100

50

 

 

 

ex 0602 40

Roses, grafted or not, other than cuttings

100

 

 

 

0603 10

Cut flowers and flower buds, fresh

100

1 000

 

Art. 1 (5)

ex 0701 90 50

New potatoes, from 1 January to 31 March (1)

100

16 800

50

 

Art. 1 (5)

0702 00

Tomatoes, from 1 October to 31 May

100  (*1)

 

60  (*1)

 

Art. 1 (6)

07031011

07031019

Onions, from 15 February to 15 May

100

 

60

 

Art. 1 (6)

0703 20 00

Garlic, from 1 November to 31 March

100

 

60

 

Art. 1 (6)

ex 0706 10 00

Carots, from 1 January to 31 March

100

 

40

 

Art. 1 (6)

0707 00 05

Cucumbers, from 1 October to 31 march

100  (*1)

 

0

 

Art. 1 (6)

0708 10 00

Peas (Pisum sativum), from 1 October to 30 April

100

 

60

 

Art. 1 (6)

0708 20 00

Beans (Vigna spp. Phaseolus spp.), from 1 November to 30 April

100

 

60

 

Art. 1 (6)

0709 10 00

Globe artichokes, from 1 October to 31 December

100  (*1)

 

30  (*1)

 

Art. 1 (6)

0709 20 00

Asparagus, from 1 October to 31 March

100

 

0

 

Art. 1 (6)

0709 30 00

Aubergines, from 1 December to 30 April

100

 

 

Art. 1 (6)

0709 40 00

Celery other than celeriac, from 1 November to 31 March

100

 

0

 

Art. 1 (6)

0709 60 10

Sweet peppers

100

 

40

 

Art. 1 (6)

0709 60 99

Other peppers of the genus Capsicum or of the genus Pimenta

100

 

 

 

0709 90 50

Fennel, from 1 November to 31 March

100

 

0

 

Art. 1 (6)

0709 90 70

Courgettes, from 1 December to 15 March

100  (*1)

 

 

 

ex 0709 90 90

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

100

 

60

 

Art. 1 (6)

Parsley, from 1 November to 31 March

100

 

0

 

0710 80 59

Other peppers of the genus Capsicum or of the genus Pimenta

100

 

 

 

0711 20 10

Olives for uses other than the production of oil (2)

100

10

 

 

0711 30 00

Capers

100

 

90

 

Art. 1 (6)

0711 90 10

Peppers of the genus Capsicum or the genus Pimenta, other than sweet peppers

100

 

 

 

ex 0713 50 00

Broad beans and horse beans, for sowing

100

 

60

 

Art. 1 (6)

ex  07 13

Leguminous vegetables, other than those for sowing

100

 

 

 

08021190

08021290

Almonds, whether or not shelled, other than bitter almonds

100

 

0

1 120

Art. 1 (5)

ex 0804 10 00

Dates, in immediate packings of a net content of 35 kg or less

100

 

 

 

ex 0805 10

Fresh oranges

100  (*1)

35 123

80  (*1)

 

Art. 1 (5)

ex 0805 10 80

Oranges, other than fresh

100

 

0

1 680

Art. 1 (5)

ex 0805 20

Mandarins (including tangerines and satsumas), fresh; clementines, wilkings and similar citrus hybrids

100  (*1)

 

80  (*1)

 

Art. 1 (6)

►C1  ex 0805 30 10  ◄

►C1  Lemons, fresh ◄

100  (*1)

 

80  (*1)

 

Art. 1 (6)

0805 40 00

Grapefruit

80

 

 

 

0806 10 10

Tables grapes, fresh, from 15 November to 31 July

100  (*1)

 

 

 

0807 11 00

Watermelons, from 1 April to 15 June

100

 

 

 

0807 19 00

Melons, from 1 November to 31 May

100

 

50

 

Art. 1 (6)

0809 10 00

Apricots

100  (*1)

 

0

2 240

Art. 1 (5)

0809 40 05

Plums, from 1 November to 15 June

100  (*1)

 

 

 

0810 10 00

Strawberries, from 1 November to 31 March

100

 

60

 

Art. 1 (6)

0810 20 10

Raspberries, from 15 May to 15 June

50

 

 

 

ex 0810 90 85

Pomegranates

100

 

 

 

 

ex 0810 90 85

Prickly pears

100

 

 

 

 

ex 0812 90 20

Oranges, finely shredded, provisionally preserved

80

 

 

 

ex 0812 90 95

Other citrus fruit, finely shredded, provisionally preserved

80

 

 

 

0904 12 00

Pepper, crushed or ground

100

 

 

 

0904 20 90

Peppers, crushed or ground

100

 

 

 

0910

Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices

100

 

 

 

1209 91 90

Other vegetable seeds (3)

100

 

60

 

Art. 1 (6)

1209 99 99

Other seeds or fruit for sowing (3)

100

 

60

 

Art. 1 (6)

1211 90 30

Tonquin beans

100

 

 

 

1212 10

Locust beans, including locust bean seeds

100

 

 

 

ex 1302 20

Pectic substances and pectinates

25

 

 

 

►M2  1509 10  ◄

►M2  Olive oil and its fractions, virgin ◄

►M2  100  ◄

►M2  50 000 + 700 ◄

►M2  — ◄

 

►M2  Article 3(2) ◄

ex 2001 10 00

Cucumbers, with no added sugar

100

 

 

 

ex 2001 20 00

Onions, with no added sugar

100

 

 

 

2001 90 20

Fruit of the genus Capsicum, other than sweet peppers or pimentos

100

 

 

 

ex 2001 90 50

Mushrooms, with no added sugar

100

 

 

 

ex 2001 90 65

Olives, with no added sugar

100

 

 

 

ex 2001 90 70

Sweet peppers, with no added sugar

100

 

 

 

ex 2001 90 75

Salad beetroot, with no added sugar

100

 

 

 

ex 2001 90 85

Red cabbage, with no added sugar

100

 

 

 

ex 2001 90 96

Other, with no added sugar

100

 

 

 

2002 10 10

Tomatoes, peeled

100

 

30

 

Art. 1 (6)

ex 2002 90

Tomato concentrate

100

4 000

0

 

 (4)

2003 10 20

Mushrooms of the genus Agaricus provisionally preserved, completely cooked

 

 

 

 

 

— of the species Psalliota

100  (*1)

 

50  (*1)

 

Art. 1 (6)

— other

100  (*1)

 

60  (*1)

 

Art. 1 (6)

2003 10 30

Other mushrooms of the genus Agaricus

 

 

 

 

 

— of the species Psalliota

100  (*1)

 

50  (*1)

 

Art. 1 (6)

— other

100  (*1)

 

60  (*1)

 

Art. 1 (6)

2003 10 80

Other mushrooms

100

 

60

 

Art. 1 (6)

2003 20 00

Truffles

100

5

 

 

2004 10 99

Other potatoes

100

 

50

 

Art. 1 (6)

ex 2004 90 30

Capers and olives

100

 

 

 

2004 90 50

Peas (Pisum sativum) and green beans

100

 

20

 

Art. 1 (6)

2004 90 98

Asparagus, carrots and mixtures

100

 

20

 

Art. 1 (6)

Other

100

 

50

 

Art. 1 (6)

2005 10 00

Homogenised vegetables:

 

 

 

 

 

Asparagus, carrots and mixtures

100

 

20

 

Art. 1 (6)

Other

100

 

50

 

Art. 1 (6)

2005 20 20

Potatoes, thinly sliced, fried or baked, whether or not salted or flavoured, in airtight packings, suitable for immediate consumption

100

 

50

 

Art. 1 (6)

2005 20 80

Other potatoes

100

 

50

 

Art. 1 (6)

2005 40 00

Peas (Pisum sativum)

100

 

20

 

Art. 1 (6)

2005 51 00

Beans, shelled

100

 

50

 

Art. 1 (6)

2005 59 00

Other beans

20

 

 

 

2005 60 00

Asparagus

20

 

 

 

2005 70

Olives

100

 

 

 

2005 90 10

Fruit of the genus Capsicum, other than sweet peppers or pimentos

100

 

 

 

2005 90 30

Capers

100

 

 

 

2005 90 50

Globe artichokes

100

 

50

 

Art. 1 (6)

2005 90 60

Carrots

100

 

20

 

Art. 1 (6)

2005 90 70

Mixtures of vegetables

100

 

20

 

Art. 1 (6)

2005 90 80

Other

100

 

50

 

Art. 1 (6)

2007 10 91

Homogenised preparations of tropical fruit

50

 

 

 

2007 10 99

Other

50

 

 

 

2007 91 90

Citrus fruit, other

50

 

 

 

2007 99 91

Apple purée, including compotes

50

 

 

 

2007 99 98

Other

50

 

 

 

20083051

20083071

ex20083091

ex20083099

Grapefruit segments

80

 

 

 

ex20083055

ex20083075

Mandarins (including tangerines and satsumas) finely shredded, clementines, wilkings and similar

80

 

 

 

ex20083059

ex20083079

Oranges and lemons, finely shredded

80

 

 

 

ex20083091

ex20083099

Citrus fruit, finely shredded

80

 

 

 

ex 2008 30 91

Citrus pulp

40

 

 

 

20085061

20085069

Apricots

100

 

20

 

Art. 1 (6)

ex20085092

ex20085094

ex20085099

Apricot halves

100

 

50

 

Art. 1 (6)

ex20085092

ex20085094

Apricot pulp

100

5 160

30

 

 

ex20087092

ex20087094

Peach (including nectarine) halves

50

 

 

 

ex 2008 70 99

Peach (including nectarine) halves

100

 

50

 

Art. 1 (6)

2008 92 51

2008 92 59

2008 92 72

2008 92 74

2008 92 76

2008 92 78

Mixtures of fruit

100

1 000  (5)

55

 

 

2009 11

2009 19

Orange juice

70  (*1)

 

 

 

2009 20

Grapefruit juice

70  (*1)

 

 

 

2009 30 11

2009 30 19

Juice of all other citrus fruit

60  (*1)

 

 

 

ex20093031

ex20093039

Juice of all other citrus fruit, other than lemon juice

60

 

 

 

ex  22 04

Wine of fresh grapes

100

179 200 hl

80

 

 

ex  22 04

Wine of fresh grapes with a designation of origin

100

56 000 hl

0

 

Conditions laid down in Article 2

ex  23 02

Brans, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals or of leguminous plants, other than maize or rice

60

 

 

 

(*1)   

The rate of reduction applies only to the ad valorem customs duty.

(1)   

Once Community rules governing potatoes come into force, this period will be extended to 15 April and the reduction in the rate of duty applying to quantities in excess of the quota will be 50 %.

(2)   

Entry under this subheading is subject to the conditions laid down in the relevant Community provisions [see Articles 291to 300 of Regulation (EEC) No 2454/93 (OJ L 253, 11.10.1993, p. 71) and subsequent amendments].

(3)   

This concession relates only to seeds complying with the directives on the marketing of seeds and plants.

(4)   

The quantity of tomato concentrate will rise to 4 000 tonnes in accordance with the following timetable: 1.1.2001 — 2 500 tonnes; 1.1.2002 — 2 875 tonnes; 1.1.2003 — 3 250 tonnes; 1.1.2004 — 3 625 tonnes; from 1.1.2005 — 4 000 tonnes.

(5)   

Tariff quota common to the six headings relating to mixtures of fruit.

▼M1

ANNEX II

Designation of origin certificate

image image

▼B

PROTOCOL No 2

on the arrangements applying to imports into the Community of fishery products originating in Tunisia



Sole Article

The products listed below, originating in Tunisia, shall be imported into the Community free of customs duties



CN Code

Description

Chapter 3

Fish and crustaceans, molluscs and other aquatic invertebrates

1604 11 00

Salmon

1604 12

Herrings

ex 1604 13 11

Sardines, of the species Sardina pilchardus in olive oil ()

ex 1604 13 19

Sardines, of the species Sardina pilchardus other than in olive oil ()

1604 14

Tunas, skipjak and bonito ( Sarda spp.)

1604 15

Mackerel

1604 16 00

Anchovies

1604 19 10

Salmonidae, other than salmon

1604 19 31

Fish of the genus Euthymnus, other than skipjack ( Euthymnus (Katsuwonus) pelamis)

1604 19 39

 

1604 19 50

Fish of the species Orcynopsis unicolor

1604 19 91

Other

to

 

1604 19 98

 

1604 20

Other prepared or preserved fish:

1604 20 05

Preparations of surimi

1604 20 10

of salmon

1604 20 30

of salmonidae, other than salmon

1604 20 40

of anchovies

ex 1604 20 50

of sardines of the species Sardina pilchardus ()

1604 20 70

of tunas, skipjack or other fish of the genus Euthymnus

1604 20 90

of other fish

1604 30

caviar and caviar substitutes

1605 10 00

Crab

1605 20

Shrimps and prawns

1605 30 00

Lobster

1605 40 00

Other crustaceans

1605 90 11

Mussels (Mytilus spp., Perna spp.), in airtight containers

1605 90 19

Other mussels

1605 90 30

Other molluscs

1902 20 10

Stuffed pasta, whether or not cooked or otherwise prepared: containing more than 20 % by weight of fish, crustaceans, molluscs or other acquatic invertebrates

(1)   

Within the limits of a Community tariff quota of 100 tonnes common to subheadings ex 1604 13 11 , ex 1604 13 19 and ex 1604 20 50 .

▼M1

PROTOCOL No 3

on the arrangements applying to imports into Tunisia of agricultural products originating in the Community

Sole Article

The customs duties on imports into Tunisia of the products originating in the Community listed in the Annex shall not be higher than those shown in column (a) within the limits of the tariff quotas shown in column (b)



CN code

Description

Maximum customs duties

(%)

Preferential tariff quotas

(%)

Specific provisions

a

b

0102 10

Live bovine animals, pure-bred breeding animals

17

2 000

 

0102 90

Other than pure-bred breeding animals

27

35

 (*2)

0105 11

Fowls of the species Gallus domesticus (day-old chicks)

43

40

 

0105 12

Turkeys (day-old chicks)

0201 20

Meat of bovine animals, fresh or chilled, other cuts with bone in

27

8 000  (8)

 (*2)

0201 30

Meat of bovine animals, fresh or chilled, boneless

27

8 000  (8)

 (*2)

0202 20

Meat of bovine animals, frozen, other cuts with bone in

27

8 000  (8)

 (*2)

0202 30

Meat of bovine animals, frozen, boneless

27

8 000  (8)

 (*2)

0207 12

Poultry not cut in pieces, frozen (fowls of the species Gallus domesticus)

43

400

 (9)

0402 10

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

17

9 700  (10)

 (*2)

0402 21

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

17

9 700  (10)

 (*2)

0402 99

Milk and cream, concentrated, other than in powder or other solid forms, whether or not with added sugar or other sweetening matter

17

9 700  (10)

 (*2)

0405

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

35

250

 (*2)

0406 30

Processed cheese, not grated or powdered

27

450

 (*2)

0407 00

— Birds' eggs, in shell, fresh, preserved or cooked

1 100

 (9)

— for hatching

20

— gamebirds' eggs

43

— other

43

0602 90

Other live plants (including their roots) other than those falling within subheadings 0602 10 , 0602 20 , 0602 30 00 , 0602 40 and 0602 90 10

43

200

 



CN code

Description

Maximum customs duties

(%)

Final customs duties

(%)

Preferential tariff quotas

(%)

Specific provisions

a

b

0701 10 00

Seed potatoes, fresh or chilled

15

0

16 500

 (11)

0701 90

Potatoes, fresh or chilled, other than seed potatoes

43

16 500

 (12)

0713 10 10

Peas (Pisum sativum), dried, shelled, whether or not skinned or split, for sowing

43

200

 

0802 22 00

Hazelnuts or filberts, shelled

43

0

200

 (11)

1001 10 00

Durum wheat

17

17 000

 (*2)

1001 90 00

Other than durum wheat

17

230 000

 (*2)

17

0

230 000

 (11) (13)

1003 00

Barley

17

12 000

 (*2)

1005 90 00

Maize (corn), other than seed

20

0

15 000

 (11)

1006 30

Semi-milled or wholly milled rice, whether or not polished or glazed

27

0

4 000

 (11)

1103 11

Groats and meal of wheat

43

300

 

1103 13

Groats and meal of maize (corn)

43

800

 

1107 10

Malt, not roasted

43

3 500

 

1108 12 00

Maize (corn) starch

31

0

1 000

 (11)

1210 20

Hop cones, ground

43

50

 

1214 10

Lucerne (alfalfa) meal and pellets

29

0

15 000

 (11)

1502 00

Fats of bovine animals, sheep or goats, other than those falling within heading 1503

27

600

 

1507 10

Soya bean oil, crude, whether or not degummed

15

0

100 000

 (*3) (11)

1508 10

Ground-nut oil, crude

1511 10

Palm oil and its fractions, crude

1512 11

Sunflower oil, crude

1512 21

Cotton-seed oil, crude

1514 10

Rape, colza or mustard oil, crude

1515 11 00

Linseed oil, crude

1515 21

Maize (corn) oil, crude

1511 90

Palm oil and its fractions, whether or not refined, but not chemically modified, other than crude

43

300

 

1514 90

Rape, colza or mustard oil, other than crude

43

900

 

1516 10

Animal fats and oils, and their fractions

31

300

 

1701 99

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

15

72 000

 (*2)

1702 30

Glucose and glucose syrup:

 

 

650

 

— Glucose containing added flavouring or colouring matter

43

 

— Other

20

 

1702 90

Sugars, including invert sugar, other than lactose, maple sugar, glucose and fructose, and their syrups

 

 

200

 

— other sugars containing added flavouring or colouring matter

43

 

— other

29

 

2304 00 00

Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil

20

0

6 000

 (11)

2309 10 00

Dog or cat food, put up for retail sale

43

35

 

2309 90 00

Other animals foods

43

2 800

 

2401 10 00

Tobacco, not stemmed/stripped

25

2 800

 

▼M3

PROTOCOL No 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

Cumulation in the Community

Article 4

Cumulation in Tunisia

Article 5

Wholly obtained products

Article 6

Sufficiently worked or processed products

Article 7

Insufficient working or processing

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

TITLE V

PROOF OF ORIGIN

Article 16

General requirements

Article 17

Procedure for the issue of a movement certificate EUR.1 or EUR-MED

Article 18

Movement certificates EUR.1 or EUR-MED issued retrospectively

Article 19

Issue of a duplicate movement certificate EUR.1 or EUR-MED

Article 20

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

Article 21

Accounting segregation

Article 22

Conditions for making out an invoice declaration or an invoice declaration EUR-MED

Article 23

Approved exporter

Article 24

Validity of proof of origin

Article 25

Submission of proof of origin

Article 26

Importation by instalments

Article 27

Exemptions from proof of origin

Article 27a

Supplier's declaration

Article 28

Supporting documents

Article 29

Preservation of proof of origin, supplier's declarations and supporting documents

Article 30

Discrepancies and formal errors

Article 31

Amounts expressed in euro

TITLE VI

ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

Article 32

Mutual assistance

Article 33

Verification of proofs of origin

Article 33a

Verification of supplier's declarations

Article 34

Dispute settlement

Article 35

Penalties

Article 36

Free zones

TITLE VII

CEUTA AND MELILLA

Article 37

Application of the Protocol

Article 38

Special conditions

TITLE VIII

FINAL PROVISIONS

Article 39

Amendments to the Protocol

Article 40

Transitional provisions for goods in transit or storage

List of Annexes

Annex I:

Introductory notes to the list in Annex II

Annex II:

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

Annex IIIa:

Specimens of movement certificate EUR.1 and application for a movement certificate EUR.1

Annex IIIb:

Specimens of movement certificate EUR-MED and application for a movement certificate EUR-MED

Annex IVa:

Text of the invoice declaration

Annex IVb:

Text of the invoice declaration EUR-MED

Annex V:

Specimen of the supplier's declaration

Annex VI

Specimen of the long term supplier's declaration

Joint Declarations

Joint declaration concerning the Principality of Andorra

Joint declaration concerning the Republic of San Marino



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 in Tunisia 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 in Tunisia;

(h) 

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

(i) 

‘value added’ shall be taken to be the ex-works price minus the customs value of each of the materials incorporated which originate in the other countries referred to in Articles 3 and 4 with which cumulation is applicable or, where the customs value is not known or cannot be ascertained, the first ascertainable price paid for the materials in the Community or in Tunisia;

(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 the 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;

(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;

(c) 

goods originating in the European Economic Area (EEA) within the meaning of Protocol 4 to the Agreement on the European Economic Area.

2.  

For the purpose of implementing the Agreement, the following products shall be considered as originating in Tunisia:

(a) 

products wholly obtained in Tunisia within the meaning of Article 5;

(b) 

products obtained in Tunisia incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in Tunisia within the meaning of Article 6.

3.  
The provisions of paragraph 1(c) shall apply only provided a free trade agreement is applicable between, on the one hand, Tunisia and, on the other hand, the EEA EFTA States (Iceland, Liechtenstein and Norway).

Article 3

Cumulation in the Community

1.  
Without prejudice to the provisions of Article 2(1), products shall be considered as originating in the Community if they are obtained there, incorporating materials originating in ►M5  Bulgaria, ◄ Switzerland (including Liechtenstein) ( 7 ), Iceland, Norway, ►M5  Romania, ◄ Turkey or in the Community, provided that the working or processing carried out in the Community goes beyond the operations referred to in Article 7. It shall not be necessary for such materials to have undergone sufficient working or processing.
2.  
Without prejudice to the provisions of Article 2(1), products shall be considered as originating in the Community if they are obtained there, incorporating materials originating in the Faroe Islands or in any country which is a participant in the Euro-Mediterranean partnership, based on the Barcelona Declaration adopted at the Euro-Mediterranean Conference held on 27 and 28 November 1995, other than Turkey, provided that the working or processing carried out in the Community goes beyond the operations referred to in Article 7. It shall not be necessary for such materials to have undergone sufficient working or processing.
3.  
Where the working or processing carried out in the Community does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in the Community only where the value added there is greater than the value of the materials used originating in any one of the other countries referred to in paragraphs 1 and 2. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in the Community.
4.  
Products, originating in one of the countries referred to in paragraphs 1 and 2, which do not undergo any working or processing in the Community, retain their origin if exported into one of these countries.
4a.  
For the purpose of implementing Article 2(1)(b), working or processing carried out in Morocco, Algeria or Tunisia shall be considered as having been carried out in the Community when the products obtained undergo subsequent working or processing in the Community. Where pursuant to this provision the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in the Community only if the working or processing goes beyond the operations referred to in Article 7.
5.  

The cumulation provided for in this Article may be applied only provided that:

(a) 

a preferential trade agreement in accordance with Article XXIV of the General Agreement on Tariffs and Trade (GATT) is applicable between the countries involved in the acquisition of the originating status and the country of destination;

(b) 

materials and products have acquired originating status by the application of rules of origin identical to those given in this Protocol;

and

(c) 

notices indicating the fulfilment of the necessary requirements to apply cumulation have been published in the Official Journal of the European Union (C series) and in Tunisia according to its own procedures.

The cumulation provided for in this Article shall apply from the date indicated in the notice published in the Official Journal of the European Union (C series).

The Community shall provide Tunisia, through the Commission of the European Communities, with details of the Agreements, including their dates of entry into force, and their corresponding rules of origin, which are applied with the other countries referred to in paragraphs 1 and 2.

Article 4

Cumulation in Tunisia

1.  
Without prejudice to the provisions of Article 2(2), products shall be considered as originating in Tunisia if they are obtained there, incorporating materials originating in ►M5  Bulgaria, ◄ Switzerland (including Liechtenstein) ( 8 ), Iceland, Norway, ►M5  Romania, ◄ Turkey or in the Community, provided that the working or processing carried out in Tunisia goes beyond the operations referred to in Article 7. It shall not be necessary for such materials to have undergone sufficient working or processing.
2.  
Without prejudice to the provisions of Article 2(2), products shall be considered as originating in Tunisia if they are obtained there, incorporating materials originating in the Faroe Islands or in any country which is a participant in the Euro-Mediterranean partnership, based on the Barcelona Declaration adopted at the Euro-Mediterranean Conference held on 27 and 28 November 1995, other than Turkey, provided that the working or processing carried out in Tunisia goes beyond the operations referred to in Article 7. It shall not be necessary for such materials to have undergone sufficient working or processing.
3.  
Where the working or processing carried out in Tunisia does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in Tunisia only where the value added there is greater than the value of the materials used originating in any one of the other countries referred to in paragraphs 1 and 2. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in Tunisia.
4.  
Products originating in one of the countries referred to in paragraphs 1 and 2 which do not undergo any working or processing in Tunisia shall retain their origin if exported into one of these countries.
4a.  
For the purpose of implementing Article 2(2)(b), working or processing carried out in the Community, in Morocco or Algeria shall be considered as having been carried out in Tunisia when the products obtained undergo subsequent working or processing in Tunisia. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in Tunisia only if the working or processing goes beyond the operations referred to in Article 7.
5.  

The cumulation provided for in this Article may be applied only provided that:

(a) 

a preferential trade agreement in accordance with Article XXIV of the General Agreement on Tariffs and Trade (GATT) is applicable between the countries involved in the acquisition of the originating status and the country of destination;

(b) 

materials and products have acquired originating status by the application of rules of origin identical to those given in this Protocol;

and

(c) 

notices indicating the fulfilment of the necessary requirements to apply cumulation have been published in the Official Journal of the European Union (C series) and in Tunisia according to its own procedures.

The cumulation provided for in this Article shall apply from the date indicated in the notice published in the Official Journal of the European Union (C series).

Tunisia shall provide the Community through the Commission of the European Communities with details of the Agreements, including their dates of entry into force, and their corresponding rules of origin, which are applied with the other countries referred to in paragraphs 1 and 2.

Article 5

Wholly obtained products

1.  

The following shall be considered as wholly obtained in the Community or in Tunisia:

(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 of Tunisia by their vessels;

(g) 

products made aboard their factory ships exclusively from products referred to in (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 (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 a Member State of the Community or in Tunisia;

(b) 

which sail under the flag of a Member State of the Community or of Tunisia;

(c) 

which are owned to an extent of at least 50 % by nationals of a Member State of the Community or of Tunisia, 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 a Member State of the Community or of Tunisia 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 a Member State of the Community or of Tunisia;

and

(e) 

of which at least 75 % of the crew are nationals of a Member State of the Community or of Tunisia.

Article 6

Sufficiently worked or processed products

1.  

For the purposes of Article 2, products which are not wholly obtained shall be 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 the 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. It follows that if a product which has acquired originating status by fulfilling the conditions set out in the list is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.

2.  

Notwithstanding paragraph 1, non-originating materials which, according to the conditions set out in the list in Annex II, shall 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 by virtue of this paragraph.

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

3.  
Paragraphs 1 and 2 shall apply subject to the provisions of Article 7.

Article 7

Insufficient working or processing

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) 

preserving operations to ensure that the products remain in good condition during transport and storage;

(b) 

breaking-up and assembly of packages;

(c) 

washing, cleaning; removal of dust, oxide, oil, paint or other coverings;

(d) 

ironing or pressing of textiles;

(e) 

simple painting and polishing operations;

(f) 

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

(g) 

operations to colour sugar or form sugar lumps;

(h) 

peeling, stoning and shelling, of fruits, nuts and vegetables;

(i) 

sharpening, simple grinding or simple cutting;

(j) 

sifting, screening, sorting, classifying, grading, matching; (including the making-up of sets of articles);

(k) 

simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;

(l) 

affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging;

(m) 

simple mixing of products, whether or not of different kinds;

(n) 

simple assembly of parts of articles to constitute a complete article or disassembly of products into parts;

(o) 

a combination of two or more operations specified in (a) to (n);

(p) 

slaughter of animals.

2.  
All operations carried out either in the Community or in Tunisia 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.

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 is an originating product, 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 neither enter into the final composition of the product nor are intended to do so.

TITLE III

TERRITORIAL REQUIREMENTS

Article 12

Principle of territoriality

1.  
Except as provided for in Article 2(1)(c), Articles 3 and 4 and paragraph 3 of this Article, the conditions for acquiring originating status set out in Title II must be fulfilled without interruption in the Community or in Tunisia.
2.  

Except as provided for in Articles 3 and 4, where originating goods exported from the Community or from Tunisia to another country return, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

(a) 

the returning goods are the same 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.

3.  

The acquisition of originating status in accordance with the conditions set out in Title II shall not be affected by working or processing done outside the Community or Tunisia on materials exported from the Community or from Tunisia and subsequently re-imported there, provided:

(a) 

the said materials are wholly obtained in the Community or in Tunisia or have undergone working or processing beyond the operations referred to in Article 7 prior to being exported;

and

(b) 

it can be demonstrated to the satisfaction of the customs authorities that:

(i) 

the re-imported goods have been obtained by working or processing the exported materials;

and

(ii) 

the total added value acquired outside the Community or Tunisia by applying the provisions of this Article does not exceed 10 % of the ex-works price of the end product for which originating status is claimed.

4.  
For the purposes of paragraph 3, the conditions for acquiring originating status set out in Title II shall not apply to working or processing done outside the Community or Tunisia. However, where, in the list in Annex II, a rule setting a maximum value for all the non-originating materials incorporated is applied in determining the originating status of the end product, the total value of the non-originating materials incorporated in the territory of the party concerned, taken together with the total added value acquired outside the Community or Tunisia by applying the provisions of this Article, shall not exceed the stated percentage.
5.  
For the purposes of applying the provisions of paragraphs 3 and 4, ‘total added value’ shall be taken to mean all costs arising outside the Community or Tunisia, including the value of the materials incorporated there.
6.  
The provisions of paragraphs 3 and 4 shall not apply to products which do not fulfil the conditions set out in the list in Annex II or which can be considered sufficiently worked or processed only if the general tolerance fixed in Article 6(2) is applied.
7.  
The provisions of paragraphs 3 and 4 shall not apply to products of Chapters 50 to 63 of the Harmonised System.
8.  
Any working or processing of the kind covered by this Article and done outside the Community or Tunisia shall be done under the outward processing arrangements, or similar arrangements.

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 Tunisia or through the territories of the other countries referred to in Articles 3 and 4 with which cumulation is applicable. However, products constituting one single consignment may be transported through other territories with, should the occasion arise, trans-shipment 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 Tunisia.

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 Articles 3 and 4 with which cumulation is applicable and sold after the exhibition for importation in the Community or in Tunisia 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 from Tunisia 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 in Tunisia;

(c) 

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

and

(d) 

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

2.  
A proof of origin shall be issued or made out in accordance with the provisions of Title V and submitted to the customs authorities of the importing country in the normal manner. The name and address of the exhibition shall be indicated thereon. Where necessary, additional documentary evidence of the conditions under which the products 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.  
(a) 

Non-originating materials used in the manufacture of products originating in the Community, in Tunisia or in one of the other countries referred to in Articles 3 and 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 in Tunisia to drawback of, or exemption from, customs duties of whatever kind.

(b) 

Products falling within Chapter 3 and headings 1604 and 1605 of the Harmonised System and originating in the Community as provided for in Article 2(1)(c), 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 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 in Tunisia to materials used in the manufacture and to products covered by paragraph 1(b), 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 prohibition in paragraph 1 shall not apply if the products are considered as originating in the Community or Tunisia without application of cumulation with materials originating in one of the other countries referred to in Articles 3 and 4.

▼M4

7.  

Notwithstanding paragraph 1, Tunisia may, except for products falling within Chapters 1 to 24 of the Harmonised System, apply arrangements for drawback of, or exemption from, customs duties or charges having an equivalent effect, applicable to non-originating materials used in the manufacture of originating products, subject to the following provisions:

(a) 

a 4 % 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 is in force in Tunisia;

(b) 

an 8 % 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 is in force in Tunisia.

▼M6

This paragraph shall apply until 31 December 2015 and may be reviewed by common accord.

▼M3

TITLE V

PROOF OF ORIGIN

Article 16

General requirements

1.  

Products originating in the Community shall, on importation into Tunisia, and products originating in Tunisia shall, on importation into the Community, benefit from the provisions of the Agreement upon submission of one of the following proofs of origin:

(a) 

a movement certificate EUR.1, a specimen of which appears in Annex IIIa;

(b) 

a movement certificate EUR-MED, a specimen of which appears in Annex IIIb;

(c) 

in the cases specified in Article 22(1), a declaration, subsequently referred to as the ‘invoice declaration’ or ‘the invoice declaration EUR-MED’, given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified; the texts of the invoice declarations appear in Annexes IVa and b.

2.  
Notwithstanding paragraph 1, originating products within the meaning of this Protocol shall, in the cases specified in Article 27, benefit from the provisions of the Agreement without it being necessary to submit any of the proofs of origin referred to in paragraph 1.

Article 17

Procedure for the issue of a movement certificate EUR.1 or EUR-MED

1.  
A movement certificate EUR.1 or EUR-MED 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 in both the movement certificate EUR.1 or EUR-MED and the application form, specimens of which appear in the Annexes IIIa and b. 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 national law of the exporting country. If the forms are handwritten, they shall be completed in ink in printed characters. The description of the products shall be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line shall be drawn below the last line of the description, the empty space being crossed through.
3.  
The exporter applying for the issue of a movement certificate EUR.1 or EUR-MED shall be prepared to submit at any time, at the request of the customs authorities of the exporting country where the movement certificate EUR.1 or EUR-MED 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.  

Without prejudice to paragraph 5, a movement certificate EUR.1 shall be issued by the customs authorities of a Member State of the Community or of Tunisia in the following cases:

— 
if the products concerned can be considered as products originating in the Community, or in Tunisia, without application of cumulation with materials originating in one of the other countries referred to in Articles 3 and 4, and fulfil the other requirements of this Protocol;
— 
if the products concerned can be considered as products originating in one of the other countries referred to in Articles 3 and 4 with which cumulation is applicable, without application of cumulation with materials originating in one of the countries referred to in Articles 3 and 4, and fulfil the other requirements of this Protocol, provided a certificate EUR-MED or an invoice declaration EUR-MED has been issued in the country of origin;
— 
if the products concerned can be considered as products originating in the Community or in Tunisia, with application of the cumulation referred to in Articles 3(4a) and 4(4a), and fulfil the other requirements of this Protocol.
5.  

A movement certificate EUR-MED shall be issued by the customs authorities of a Member State of the Community or of Tunisia, if the products concerned can be considered as products originating in the Community, in Tunisia or in one of the other countries referred to in Articles 3 and 4 with which cumulation is applicable, fulfil the requirements of this Protocol and:

— 
cumulation was applied with materials originating in one of the other countries referred to in Articles 3 and 4, or
— 
the products may be used as materials in the context of cumulation for the manufacture of products for export to one of the other countries referred to in Articles 3 and 4, or
— 
the products may be re-exported from the country of destination to one of the other countries referred to in Articles 3 and 4.
6.  

A movement certificate EUR-MED shall contain one of the following statements in English in box 7:

— 
if origin has been obtained by application of cumulation with materials originating in one or more of the countries referred to in Articles 3 and 4:
‘CUMULATION APPLIED WITH ……’ (name of the country/countries),
— 
if origin has been obtained without the application of cumulation with materials originating in one or more of the countries referred to in Articles 3 and 4:
‘NO CUMULATION APPLIED’.
7.  
The customs authorities issuing movement certificates EUR.1 or EUR-MED 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. They 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.
8.  
The date of issue of the movement certificate EUR.1 or EUR-MED shall be indicated in Box 11 of the certificate.
9.  
A movement certificate EUR.1 or EUR-MED 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 EUR.1 or EUR-MED issued retrospectively

1.  

Notwithstanding Article 17(9), a movement certificate EUR.1 or EUR-MED may exceptionally be issued after exportation of the products to which it relates if:

(a) 

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

or

(b) 

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

2.  
Notwithstanding Article 17(9), a movement certificate EUR-MED may be issued after exportation of the products to which it relates and for which a movement certificate EUR.1 was issued at the time of exportation, provided that it is demonstrated to the satisfaction of the customs authorities that the conditions referred to in Article 17(5) are satisfied.
3.  
For the implementation of paragraphs 1 and 2, the exporter shall indicate in his application the place and date of exportation of the products to which the movement certificate EUR.1 or EUR-MED relates, and state the reasons for his request.
4.  
The customs authorities may issue a movement certificate EUR.1 or EUR-MED retrospectively only after verifying that the information supplied in the exporter's application complies with that in the corresponding file.
5.  

Movement certificates EUR.1 or EUR-MED issued retrospectively shall be endorsed with the following phrase in English:

‘ISSUED RETROSPECTIVELY’

Movement certificates EUR-MED issued retrospectively by application of paragraph 2 shall be endorsed with the following phrase in English:

‘ISSUED RETROSPECTIVELY (Original EUR.1 No ……….[date and place of issue]

6.  
The endorsement referred to in paragraph 5 shall be inserted in Box 7 of the movement certificate EUR.1 or EUR-MED.

Article 19

Issue of a duplicate movement certificate EUR.1 or EUR-MED

1.  
In the event of theft, loss or destruction of a movement certificate EUR.1 or EUR-MED, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession.
2.  

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

‘DUPLICATE’

3.  
The endorsement referred to in paragraph 2 shall be inserted in Box 7 of the duplicate movement certificate EUR.1 or EUR-MED.
4.  
The duplicate, which shall bear the date of issue of the original movement certificate EUR.1 or EUR-MED, shall take effect as from that date.

Article 20

Issue of movement certificates EUR.1 or EUR-MED 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 in Tunisia, it shall be possible to replace the original proof of origin by one or more movement certificates EUR.1 or EUR-MED for the purpose of sending all or some of these products elsewhere within the Community or Tunisia. The replacement movement certificate(s) EUR.1 or EUR-MED shall be issued by the customs office under whose control the products are placed.

Article 21

Accounting segregation

1.  
Where considerable cost or material difficulties arise in keeping separate stocks of originating and non-originating materials which are identical and interchangeable, the customs authorities may, at the written request of those concerned, authorise the so-called ‘accounting segregation’ method (hereinafter referred to as the ‘method’) to be used for managing such stocks.
2.  
The method must be able to ensure that, for a specific reference period, the number of products obtained which could be considered as ‘originating’ is the same as that which would have been obtained had there been physical segregation of the stocks.
3.  
The customs authorities may make the grant of authorisation referred to in paragraph 1 subject to any conditions deemed appropriate.
4.  
The method shall be applied and the application thereof shall be recorded on the basis of the general accounting principles applicable in the country where the product was manufactured.
5.  
The beneficiary of the method may make out or apply for proofs of origin, as the case may be, for the quantity of products which may be considered as originating. At the request of the customs authorities, the beneficiary shall provide a statement of how the quantities have been managed.
6.  
The customs authorities shall monitor the use made of the authorisation and may withdraw it whenever the beneficiary makes improper use of the authorisation in any manner whatsoever or fails to fulfil any of the other conditions laid down in this Protocol.

Article 22

Conditions for making out an invoice declaration or an invoice declaration EUR-MED

1.  

An invoice declaration or an invoice declaration EUR-MED as referred to in Article 16(1)(c) may be made out:

(a) 

by an approved exporter within the meaning of Article 23,

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.  

Without prejudice to paragraph 3, an invoice declaration may be made out in the following cases:

— 
if the products concerned may be considered as products originating in the Community, or in Tunisia, without application of cumulation with materials originating in one of the other countries referred to in Articles 3 and 4, and fulfil the other requirements of this Protocol;
— 
if the products concerned may be considered as products originating in one of the other countries referred to in Articles 3 and 4 with which cumulation is applicable, without application of cumulation with materials originating in one of the countries referred to in Articles 3 and 4, and fulfil the other requirements of this Protocol, provided a certificate EUR-MED or an invoice declaration EUR-MED has been issued in the country of origin;
— 
if the products concerned may be considered as products originating in the Community or in Tunisia, with application of the cumulation referred to in Articles 3(4a) and 4(4a), and fulfil the other requirements of this Protocol.
3.  

An invoice declaration EUR-MED may be made out if the products concerned may be considered as products originating in the Community, in Tunisia or in one of the other countries referred to in Articles 3 and 4 with which cumulation is applicable, fulfil the requirements of this Protocol and:

— 
cumulation was applied with materials originating in one of the other countries referred to in Articles 3 and 4, or
— 
the products may be used as materials in the context of cumulation for the manufacture of products for export to one of the other countries referred to in Articles 3 and 4, or
— 
the products may be re-exported from the country of destination to one of the other countries referred to in Articles 3 and 4.
4.  

An invoice declaration EUR-MED shall contain one of the following statements in English:

— 
if origin has been obtained by application of cumulation with materials originating in one or more of the countries referred to in Articles 3 and 4:
‘CUMULATION APPLIED WITH ……’ (name of the country/countries),
— 
if origin has been obtained without application of cumulation with materials originating in one or more of the countries referred to in Articles 3 and 4:
‘NO CUMULATION APPLIED’.
5.  
The exporter making out an invoice declaration or an invoice declaration EUR-MED 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.
6.  
An invoice declaration or an invoice declaration EUR-MED 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 Annexes IVa and b, using one of the linguistic versions set out in these Annexes and in accordance with the provisions of the national law of the exporting country. If the declaration is handwritten, it shall be written in ink in printed characters.
7.  
Invoice declarations and invoice declarations EUR-MED shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 23 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.
8.  
An invoice declaration or an invoice declaration EUR-MED 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 at the latest two years after the importation of the products to which it relates.

Article 23

Approved exporter

1.  
The customs authorities of the exporting country may authorise any exporter (hereinafter referred to as ‘approved exporter’) who makes frequent shipments of products under this Agreement to make out invoice declarations or invoice declarations EUR-MED irrespective of the value of the products concerned. An exporter seeking such authorisation shall offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as 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 or on the invoice declaration EUR-MED.
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, no longer fulfils the conditions referred to in paragraph 2 or otherwise makes an incorrect use of the authorisation.

Article 24

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 shall 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 25

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 26

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 27

Exemptions from proof of origin

1.  
Products sent as small packages from private persons to private persons or forming part of travellers' personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this 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 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 27a

Supplier's declaration

1.  
When a movement certificate EUR.1 is issued, or an invoice declaration is made out, in the Community or Tunisia for originating products, in the manufacture of which goods coming from Algeria, Morocco, Tunisia or the Community which have undergone working or processing in these countries without having obtained preferential originating status, have been used, account shall be taken of the supplier's declaration given for these goods in accordance with this Article.
2.  
The supplier's declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in Algeria, Morocco, Tunisia or the Community by the goods concerned for the purpose of determining whether the products in the manufacture of which these goods are used, may be considered as products originating in the Community or Tunisia and fulfil the other requirements of this Protocol.
3.  
A separate supplier's declaration shall, except in cases provided in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex V on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.
4.  

Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in Algeria, Morocco, Tunisia or the Community is expected to remain constant for considerable periods of time, he may provide a single supplier's declaration to cover subsequent consignments of those goods, hereinafter referred to as a ‘long-term supplier's declaration’.

A long-term supplier's declaration may normally be valid for a period of up to one year from the date of making out the declaration. The customs authorities of the country where the declaration is made out lay down the conditions under which longer periods may be used.

The long-term supplier's declaration shall be made out by the supplier in the form prescribed in Annex VI and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by this declaration or together with his first consignment.

The supplier shall inform his customer immediately if the long-term supplier's declaration is no longer applicable to the goods supplied.

5.  
The supplier's declaration referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages in which the Agreement is drawn up, in accordance with the provisions of the national law of the country where it is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.
6.  
The supplier making out a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is made out, all appropriate documents proving that the information given on this declaration is correct.

Article 28

Supporting documents

The documents referred to in Articles 17(3), 22(5) and 27a(6) used for the purpose of proving that products covered by a movement certificate EUR.1 or EUR-MED or an invoice declaration or invoice declaration EUR-MED may be considered as products originating in the Community, in Tunisia or in one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Protocol and that the information given in a supplier's declaration is correct, 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 in Tunisia where these documents are used in accordance with national law;

(c) 

documents proving the working or processing of materials in the Community or in Tunisia, issued or made out in the Community or in Tunisia, where these documents are used in accordance with national law;

(d) 

movement certificates EUR.1 or EUR-MED or invoice declarations or invoice declarations EUR-MED proving the originating status of materials used, issued or made out in the Community or in Tunisia in accordance with this Protocol, or in one of the other countries referred to in Articles 3 and 4, in accordance with rules of origin which are identical to the rules in this Protocol;

(e) 

appropriate evidence concerning working or processing undergone outside the Community or Tunisia by application of Article 12, proving that the requirements of that Article have been satisfied;

(f) 

supplier's declaration proving the working or processing undergone in the Community, Tunisia, Morocco or Algeria by materials used, made out in one of these countries.

Article 29

Preservation of proof of origin, supplier's declarations and supporting documents

1.  
The exporter applying for the issue of a movement certificate EUR.1 or EUR-MED shall keep for at least three years the documents referred to in Article 17(3).
2.  
The exporter making out an invoice declaration or invoice declaration EUR-MED shall keep for at least three years a copy of this invoice declaration as well as the documents referred to in Article 22(5).
2a.  

The supplier making out a supplier's declaration shall keep for at least three years copies of the declaration and of the invoice, delivery notes or other commercial document to which this declaration is annexed as well as the documents referred to in Article 27a(6).

The supplier making out a long-term supplier's declaration shall keep for at least three years copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 27a(6). This period shall begin from the date of expiry of validity of the long-term supplier's declaration

3.  
The customs authorities of the exporting country issuing a movement certificate EUR.1 or EUR-MED 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 EUR.1 and EUR-MED and the invoice declarations and invoice declarations EUR-MED submitted to them.

Article 30

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 31

Amounts expressed in euro

1.  
For the application of the provisions of Article 22(1)(b) and Article 27(3) in cases where products are invoiced in a currency other than euro, amounts in the national currencies of the Member States of the Community, of Tunisia and of the other countries referred to in Articles 3 and 4 equivalent to the amounts expressed in euro shall be fixed annually by each of the countries concerned.
2.  
A consignment shall benefit from the provisions of Article 22(1)(b) or Article 27(3) by reference to the currency in which the invoice is drawn up, according to the amount fixed by the country concerned.
3.  
The amounts to be used in any given national currency shall be the equivalent in that currency of the amounts expressed in euro as at the first working day of October each year. The amounts shall be communicated to the Commission of the European Communities by 15 October and shall apply from 1 January the following year. The Commission of the European Communities shall notify all countries concerned of the relevant amounts.
4.  
A country may round up or down the amount resulting from the conversion into its national currency of an amount expressed in euro. The rounded-off amount may not differ from the amount resulting from the conversion by more than 5 %. A country may retain unchanged its national currency equivalent of an amount expressed in euro if, at the time of the annual adjustment provided for in paragraph 3, the conversion of that amount, prior to any rounding-off, results in an increase of less than 15 % in the national currency equivalent. The national currency equivalent may be retained unchanged if the conversion were to result in a decrease in that equivalent value.
5.  
The amounts expressed in euro shall be reviewed by the Association Committee at the request of the Community or of Tunisia. When carrying out this review, the Association Committee shall consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euro.

TITLE VI

ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

Article 32

Mutual assistance

1.  
The customs authorities of the Member States of the Community and of Tunisia shall provide each other, through the Commission of the European Communities, with specimen impressions of stamps used in their customs offices for the issue of movement certificates EUR.1 and EUR-MED, and with the addresses of the customs authorities responsible for verifying those certificates, invoice declarations and invoice declarations EUR-MED or supplier's declarations.
2.  
In order to ensure the proper application of this Protocol, the Community and Tunisia shall assist each other, through the competent customs administrations, in checking the authenticity of the movement certificates EUR.1 and EUR-MED, the invoice declarations and the invoice declarations EUR-MED or the supplier's declarations and the correctness of the information given in these documents.

Article 33

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 paragraph 1, the customs authorities of the importing country shall return the movement certificate EUR.1 or EUR-MED and the invoice, if it has been submitted, the invoice declaration or the invoice declaration EUR-MED, or a copy of these documents, to the customs authorities of the exporting country giving, where appropriate, the reasons for the request for verification. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.
3.  
The verification shall be carried out by the customs authorities of the exporting 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 thereof as soon as possible. These results shall indicate clearly whether the documents are authentic and whether the products concerned may be considered as products originating in the Community, in Tunisia or in one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Protocol.
6.  
If in cases of reasonable doubt there is no reply within ten months of the date of the verification request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.

Article 33a

Verification of supplier's declarations

1.  
Subsequent verifications of supplier's declarations or long-term supplier's declarations may be carried out at random or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an invoice declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in this document.
2.  

For the purposes of implementing paragraph 1, the customs authorities of the country referred to in paragraph 1 shall return the supplier's declaration and invoice(s), delivery note(s) or other commercial documents concerning goods covered by this declaration, to the customs authorities of the country where the declaration was made out, giving, where appropriate, the reasons of substance or form for the request for verification.

They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier's declaration is incorrect.

3.  
The verification shall be carried out by the customs authorities of the country where the supplier's declaration was made out. For this purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier's accounts or any other check which they consider appropriate.
4.  
The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. These results shall indicate clearly whether the information given in the supplier's declaration is correct and make it possible for them to determine whether and to what extent this supplier's declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an invoice declaration.

Article 34

Dispute settlement

Where disputes arise in relation to the verification procedures of Articles 33 and 33a 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 take place under the legislation of that country.

Article 35

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 36

Free zones

1.  
The Community and Tunisia shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.
2.  
By way of derogation from paragraph 1, when products originating in the Community or in Tunisia are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new movement certificate EUR.1 or EUR-MED at the exporter's request, if the treatment or processing undergone complies with the provisions of this Protocol.

TITLE VII

CEUTA AND MELILLA

Article 37

Application of the Protocol

1.  
The term ‘Community’ used in Article 2 does not cover Ceuta and Melilla.
2.  
Products originating in Tunisia, 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. Tunisia 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 applying paragraph 2 concerning products originating in Ceuta and Melilla, this Protocol shall apply, mutatis mutandis, subject to the special conditions set out in Article 38.

Article 38

Special conditions

1.  

Providing they have been transported directly in accordance with 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;

or that

(ii) 

those products originate in Tunisia or in the Community, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 7;

2. 

products originating in Tunisia:

(a) 

products wholly obtained in Tunisia;

(b) 

products obtained in Tunisia, 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;

or that

(ii) 

those products originate in Ceuta and Melilla or in the Community, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 7.

2.  
Ceuta and Melilla shall be considered as a single territory.
3.  
The exporter or his authorised representative shall enter ‘Tunisia’ and ‘Ceuta and Melilla’ in Box 2 of movement certificates EUR.1 or EUR-MED or on invoice declarations or on invoice declarations EUR-MED. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in Box 4 of movement certificates EUR.1 or EUR-MED or on invoice declarations or on invoice declarations EUR-MED.
4.  
The Spanish customs authorities shall be responsible for the application of this Protocol in Ceuta and Melilla.

TITLE VIII

FINAL PROVISIONS

Article 39

Amendments to the Protocol

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

Article 40

Transitional provision for 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 this Protocol are either in transit or are in the Community or in Tunisia in temporary storage in customs warehouses or in free zones, subject to the submission to the customs authorities of the importing country, within four months of the said date, of a movement certificate EUR.1 or EUR-MED issued retrospectively by the customs authorities of the exporting country together with the documents showing that the goods have been transported directly in accordance with Article 13.

ANNEX I

INTRODUCTORY NOTES TO THE LIST IN ANNEX II

Note 1

The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 6 of the Protocol.

Note 2

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

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

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

2.4. Where, for an entry in the first two columns, a rule is specified in both columns 3 and 4, the exporter may opt 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 is to be applied.

Note 3

3.1. The provisions of Article 6 of the Protocol, concerning products having acquired originating status which are used in the manufacture of other products, shall apply, regardless of whether this status has been acquired inside the factory where these products are used or in another factory in a contracting party.

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.

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

3.3. Without prejudice to Note 3.2, where a rule uses the expression ‘Manufacture from materials of any heading’, then materials of any heading(s) (even materials of the same description and heading as the product) may be used, subject, however, to any specific limitations which may also be contained in the rule.

However, the expression ‘Manufacture from materials of any heading, including other materials of heading...’ or ‘Manufacture from materials of any heading, including other materials of the same heading as the product’ means that materials of any heading(s) may be used, except those of the same description as the product as given in column 2 of the list.

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

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.

3.5. Where a rule in the list specifies that a product must be manufactured from a particular material, the condition does not prevent the use of other materials which, because of their inherent nature, cannot satisfy 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 cloths cannot normally be made from yarn. In such cases, the starting material would normally be at the stage before yarn — that is, the fibre stage.

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

Note 4:

4.1. The term ‘natural fibres’ is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres which have been carded, combed or otherwise processed, but not spun.

4.2. The term ‘natural fibres’ includes horsehair of heading 0503 , silk of headings 5002 and 5003 , as well as wool fibres and fine or coarse animal hair of headings 5101 to 5105 , cotton fibres of headings 5201 to 5203 , and other vegetable fibres of headings 5301 to 5305 .

4.3. The terms ‘textile pulp’, ‘chemical materials’ and ‘paper-making materials’ are used in the list to describe the materials, not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.

4.4. The term ‘man-made staple fibres’ is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings 5501 to 5507 .

Note 5

5.1. Where, for a given product in the list, reference is made to this Note, the conditions set out in column 3 shall not be applied to any basic textile materials used in the manufacture of this product and 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.)

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

The following are the basic textile materials:

— 
silk,
— 
wool,
— 
coarse animal hair,
— 
fine animal hair,
— 
horsehair,
— 
cotton,
— 
paper-making materials and paper,
— 
flax,
— 
true hemp,
— 
jute and other textile bast fibres,
— 
sisal and other textile fibres of the genus Agave,
— 
coconut, abaca, ramie and other vegetable textile fibres,
— 
synthetic man-made filaments,
— 
artificial man-made filaments,
— 
current-conducting filaments,
— 
synthetic man-made staple fibres of polypropylene,
— 
synthetic man-made staple fibres of polyester,
— 
synthetic man-made staple fibres of polyamide,
— 
synthetic man-made staple fibres of polyacrylonitrile,
— 
synthetic man-made staple fibres of polyimide,
— 
synthetic man-made staple fibres of polytetrafluoroethylene,
— 
synthetic man-made staple fibres of poly(phenylene sulphide),
— 
synthetic man-made staple fibres of poly(vinyl chloride),
— 
other synthetic man-made staple fibres,
— 
artificial man-made staple fibres of viscose,
— 
other artificial man-made staple fibres,
— 
yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped,
— 
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 which do not satisfy the origin-rules (which require manufacture from chemical materials or textile pulp) may be used, provided that their total weight does not exceed 10 % of the weight 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 which 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 that 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 a only mixed product if the cotton fabric is itself a mixed fabric 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.

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

5.4. In the case of products incorporating ‘strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film’, this tolerance is 30 % in respect of this strip.

Note 6:

6.1. Where, in the list, reference is made to this Note, textile materials (with the exception of linings and interlinings), which do not satisfy the rule set out in the list in column 3 for the made-up product concerned, may be used, provided that they are classified in a heading other than that of the product and that their value does not exceed 8 % of the ex-works price of the product.

6.2. 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.

6.3. 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

7.1. 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;

(c) 

cracking;

(d) 

reforming;

(e) 

extraction by means of selective solvents;

(f) 

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

(g) 

polymerisation;

(h) 

alkylation;

(i) 

isomerisation.

7.2. For the purposes of headings 2710 , 2711 and 2712 , the ‘specific processes’ are the following:

(a) 

vacuum-distillation;

(b) 

redistillation by a very thorough fractionation process;

(c) 

cracking;

(d) 

reforming;

(e) 

extraction by means of selective solvents;

(f) 

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

(g) 

polymerisation;

(h) 

alkylation;

(i) 

isomerisation;

(j) 

in respect of heavy oils of heading ex 2710 only, desulphurisation with hydrogen, resulting in a reduction of at least 85 % of the sulphur content of the products processed (ASTM D 1266-59 T method);

(k) 

in respect of products of heading 2710 only, deparaffining by a process other than filtering;

(l) 

in respect of heavy oils of heading ex 2710 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 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;

(m) 

in respect of fuel oils of heading ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 oC, by the ASTM D 86 method;

(n) 

in respect of heavy oils other than gas oils and fuel oils of heading ex 2710 only, treatment by means of a high-frequency electrical brush discharge;

(o) 

in respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0,75 % of oil) of heading ex 2712 only, de-oiling by fractional crystallisation.

7.3. 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, or any combination of these operations or like operations, do not confer origin.

ANNEX II

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

The products mentioned in the list may not be all 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, which confers originating status

(1)

(2)

(3) or (4)

Chapter 1

Live animals

All the animals of Chapter 1 shall be wholly obtained

 

Chapter 2

Meat and edible meat offal

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

 

Chapter 3

Fish and crustaceans, molluscs and other aquatic invertebrates

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

 

ex Chapter 4

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

Manufacture in which all the materials of Chapter 4 used are 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 are wholly obtained,

–  all the fruit juice (except that of pineapple, lime or grapefruit) of heading 2009 used is originating, and

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

 

ex Chapter 5

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

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

 

ex 0502

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

Cleaning, disinfecting, sorting and straightening of bristles and hair

 

Chapter 6

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

Manufacture in which:

–  all the materials of Chapter 6 used are wholly obtained, and

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

 

Chapter 7

Edible vegetables and certain roots and tubers

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

 

Chapter 8

Edible fruit and nuts; peel of citrus fruits or melons

Manufacture in which:

–  all the fruit and nuts used are wholly obtained, and

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

 

ex Chapter 9

Coffee, tea, maté and spices; except for:

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

 

1301

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

Manufacture in which the value of all the materials of heading 1301 used does not exceed 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 are wholly obtained

 

ex Chapter 15

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

Manufacture from materials of any heading, except that of the product

 

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 heading 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 heading 0201 , 0202 , 0204 or 0206 or bones of heading 0506

 

 

–  Other

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

 

ex 1505

Refined lanolin

Manufacture from crude wool grease of heading 1505

 

1506

Other animal 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 are 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 from materials of any heading, except 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 are 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 are wholly obtained, and

–  all the vegetable materials used are 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 are wholly obtained, and

–  all the vegetable materials used are 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, and/or

–  in which all the materials of Chapter 3 used are wholly obtained

 

ex Chapter 17

Sugars and sugar confectionery; except for:

Manufacture from materials of any heading, except that of the product

 

ex 1701

Cane or beet sugar and chemically pure sucrose, in solid form, containing added flavouring or colouring matter

Manufacture in which the value of all the 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, containing added flavouring or colouring matter

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

 

 

–  Other

Manufacture in which all the materials used are originating

 

ex 1703

Molasses resulting from the extraction or refining of sugar, containing added flavouring or colouring matter

Manufacture in which the value of all the 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:

–  from materials of any heading, except that of the product, and

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

 

Chapter 18

Cocoa and cocoa preparations

Manufacture:

–  from materials of any heading, except that of the product, and

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

 

1901

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

 

 

 

–  Malt extract

Manufacture from cereals of Chapter 10

 

 

–  Other

Manufacture:

–  from materials of any heading, except that of the product, and

–  in which the value of all the 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 are wholly obtained

 

 

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

Manufacture in which:

–  all the cereals and their derivatives (except durum wheat and its derivatives) used are wholly obtained, and

–  all the materials of Chapters 2 and 3 used are wholly obtained

 

1903

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

Manufacture from materials of any heading, except potato starch of heading 1108

 

1904

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

Manufacture:

–  from materials of any heading, except those of heading 1806 ,

–  in which all the cereals and flour (except durum wheat and Zea indurata maize, and their derivatives) used are wholly obtained, and

–  in which the value of all the 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 are 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 from materials of any heading, except 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 from materials of any heading, except 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 all the 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, obtained by cooking, whether or not containing added sugar or other sweetening matter

Manufacture:

–  from materials of any heading, except that of the product, and

–  in which the value of all the 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 spirits

Manufacture in which the value of all 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 from materials of any heading, except 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:

–  from materials of any heading, except that of the product, and

–  in which the value of all the 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:

–  from materials of any heading, except that of the product, and

–  in which the value of all the 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 from materials of any heading, except 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:

–  from materials of any heading, except that of the product, and

–  in which all the chicory used is 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 from materials of any heading, except that of the product. However, mustard flour or meal or prepared mustard may be used

 

 

–  Mustard flour and meal and prepared mustard

Manufacture from materials of any heading

 

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:

–  from materials of any heading, except that of the product, and

–  in which the value of all the 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:

–  from materials of any heading, except that of the product, and

–  in which all the grapes or materials derived from grapes used are wholly obtained

 

2202

Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009

Manufacture:

–  from materials of any heading, except that of the product,

–  in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product, and

–  in which all the fruit juice used (except that of pineapple, lime or grapefruit) is originating

 

2207

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

Manufacture:

–  from materials of any heading, except heading 2207 or 2208 , and

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

 

2208

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

Manufacture:

–  from materials of any heading, except heading 2207 or 2208 , and

–  in which all the grapes or materials derived from grapes used are 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 from materials of any heading, except 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 are 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 is 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 are wholly obtained

 

2309

Preparations of a kind used in animal feeding

Manufacture in which:

–  all the cereals, sugar or molasses, meat or milk used are originating, and

–  all the materials of Chapter 3 used are wholly obtained

 

ex Chapter 24

Tobacco and manufactured tobacco substitutes; except for:

Manufacture in which all the materials of Chapter 24 used are 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 is originating

 

ex 2403

Smoking tobacco

Manufacture in which at least 70 % by weight of the unmanufactured tobacco or tobacco refuse of heading 2401 used is originating

 

ex Chapter 25

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

Manufacture from materials of any heading, except that of the product

 

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 or 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 from materials of any heading, except 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 from materials of any heading, except that of the product

 

ex Chapter 27

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

Manufacture from materials of any heading, except that of the product

 

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) ()

or

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

 

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; waste oils

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

or

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

 

2711

Petroleum gases and other gaseous hydrocarbons

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

or

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

 

2712

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

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

or

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

 

2713

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

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

or

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

 

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) ()

or

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

 

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) ()

or

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

 

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 from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

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 from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

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) ()

or

 

 

 

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

 

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) ()

or

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

 

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 that their total 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 shall 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

Manufacture from materials of any heading. However, the value of all the materials of heading 2909 used shall not exceed 20 % of the ex-works price of the product

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

 

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

Manufacture from materials of any heading

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

2933

Heterocyclic compounds with nitrogen hetero-atom(s) only

Manufacture from materials of any heading. However, the value of all the materials of headings 2932 and 2933 used shall 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, whether or not chemically defined; other heterocyclic compounds

Manufacture from materials of any heading. However, the value of all the materials of headings 2932 , 2933 and 2934 used shall 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 2939

Concentrates of poppy straw containing not less than 50 % by weight of alkaloids

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

 

ex Chapter 30

Pharmaceutical products; except for:

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

 

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 . However, materials of the same description as the product may be used, provided that their total 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 . However, materials of the same description as the product may be used, provided that their total 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 . However, materials of the same description as the product may be used, provided that their total 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 . However, materials of the same description as the product may be used, provided that their total 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 . However, materials of the same description as the product may be used, provided that their total 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 . However, materials of the same description as the product may be used, provided that their total 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

Manufacture from materials of any heading, except that of the product. However, materials of headings 3003 and 3004 may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

 

 

–  Other

Manufacture:

–  from materials of any heading, except that of the product. However, materials of headings 3003 and 3004 may be used, provided that their total value does not exceed 20 % of the ex-works price of the product, and

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

 

ex 3006

Waste pharmaceuticals specified in note 4(k) to this Chapter

The origin of the product in its original classification shall be retained

 

ex Chapter 31

Fertilisers; except for:

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

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:

–  from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product, and

–  in which 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 from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

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 ()

Manufacture from materials of any heading, except headings 3203 , 3204 and 3205 . However, materials of heading 3205 may be used, provided that their total 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 from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

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’ () in this heading. However, materials of the same group as the product may be used, provided that their total 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 from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

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 less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals

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

or

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

 

3404

Artificial waxes and prepared waxes:

 

 

 

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

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product

 

 

–  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 , and

 

 

 

–  materials of heading 3404

 

 

 

However, these materials may be used, provided that their total 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 from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

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 from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

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 from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

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 from materials of any heading, except those of headings 3701 and 3702 . However, materials of heading 3702 may be used, provided that their total 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 from materials of any heading, except those of headings 3701 and 3702 . However, materials of headings 3701 and 3702 may be used, provided that their total 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

3702

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

Manufacture from materials of any heading, except those of headings 3701 and 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 from materials of any heading, except those of 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 from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

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 stabilizers 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 varnish 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, prepared diagnostic or laboratory reagents whether or not on a backing, other than those of heading 3002 or 3006 ; certified reference materials

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 from materials of any heading, except 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:

 

 

 

–  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

– –  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 gelatin, whether or not on a paper or textile backing

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

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

 

–  Other

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

 

3901 to 3915

Plastics in primary forms, waste, parings and scrap, of plastic; except for 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, and

–  within the above limit, the value of all the materials of Chapter 39 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 25 % of the ex-works price of the product

 

–  Other

Manufacture in which the value of all the materials of Chapter 39 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 25 % of the ex-works price of the product

ex 3907

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

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product ()

 

 

–  Polyester

Manufacture in which the value of all the 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 all the materials of the same heading as the product used 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

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

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

 

–  Other:

 

 

 

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

Manufacture in which:

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

–  within the above limit, the value of all the materials of Chapter 39 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 25 % of the ex-works price of the product

 

– –  Other

Manufacture in which the value of all the materials of Chapter 39 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 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, and

–  within the above limit, the value of all the materials of the same heading as the product 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 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 all the materials of the same heading as the product used 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 ()

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 from materials of any heading, except 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, 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 and 4012

 

ex 4017

Articles of hard rubber

Manufacture from hard rubber

 

ex Chapter 41

Raw hides and skins (other than furskins) and leather; except for:

Manufacture from materials of any heading, except that of the product

 

ex 4102

Raw skins of sheep or lambs, without wool on

Removal of wool from sheep or lamb skins, with wool on

 

4104 to 4106

Tanned or crust hides and skins, without wool or hair on, whether or not split, but not further prepared

Retanning of tanned leather

Or

Manufacture from materials of any heading, except that of the product

 

4107 4112 , and 4113

Leather further prepared after tanning or crusting, including parchment-dressed leather, without wool or hair on, whether or not split, other than leather of heading 4114

Manufacture from materials of any heading, except headings 4104 to 4113

 

ex 4114

Patent leather and patent laminated leather; metallised leather

Manufacture from materials of headings 4104 to 4106 , 4107 , 4112 or 4113 , provided that their total 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 from materials of any heading, except that of the product

 

ex Chapter 43

Furskins and artificial fur; manufactures thereof; except for:

Manufacture from materials of any heading, except that of the product

 

ex 4302

Tanned or dressed furskins, assembled:

 

 

 

–  Plates, crosses and similar forms

Bleaching or dyeing, in addition to cutting and assembly of non-assembled tanned or dressed furskins

 

 

–  Other

Manufacture from non-assembled, tanned or dressed furskins

 

4303

Articles of apparel, clothing accessories and other articles of furskin

Manufacture from non-assembled tanned or dressed furskins of heading 4302

 

ex Chapter 44

Wood and articles of wood; wood charcoal; except for:

Manufacture from materials of any heading, except that of the product

 

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 end-jointed

Planing, sanding or end-jointing

 

ex 4408

Sheets for veneering (including those obtained by slicing laminated wood) and for plywood, of a thickness not exceeding 6 mm, spliced, and other wood sawn lengthwise, sliced or peeled of a thickness not exceeding 6 mm, planed, sanded or end-jointed

Splicing, planing, sanding or end-jointing

 

ex 4409

Wood continuously shaped along any of its edges, ends or faces, whether or not planed, sanded or end-jointed:

 

 

 

–  Sanded or end-jointed

Sanding or end-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 from materials of any heading, except that of the product. However, cellular wood panels, shingles and shakes may be used

 

 

–  Beadings and mouldings

Beading or moulding

 

ex 4421

Match splints; wooden pegs or pins for footwear

Manufacture from wood of any heading, except drawn wood of heading 4409

 

ex Chapter 45

Cork and articles of cork; except for:

Manufacture from materials of any heading, except 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 from materials of any heading, except that of the product

 

Chapter 47

Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard

Manufacture from materials of any heading, except that of the product

 

ex Chapter 48

Paper and paperboard; articles of paper pulp, of paper or of paperboard; except for:

Manufacture from materials of any heading, except 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

Manufacture:

–  from materials of any heading, except that of the product, and

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

 

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:

–  from materials of any heading, except that of the product, and

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

 

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 from materials of any heading, except 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 of any heading, except those of headings 4909 and 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:

–  from materials of any heading, except that of the product, and

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

 

 

–  Other

Manufacture from materials of any heading, except those of headings 4909 and 4911

 

ex Chapter 50

Silk; except for:

Manufacture from materials of any heading, except that of the product

 

ex 5003

Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), carded or combed

Carding or combing of silk waste

 

5004 to

ex 5006

Silk yarn and yarn spun from silk waste

Manufacture from ():
–  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 ()

 

 

–  Other

Manufacture from ():

 

 

 

–  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), provided that 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 from materials of any heading, except that of the product

 

5106 to 5110

Yarn of wool, of fine or coarse animal hair or of horsehair

Manufacture from ():
–  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 ()

 

 

–  Other

Manufacture from ():

 

 

 

–  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), provided that 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 from materials of any heading, except that of the product

 

5204 to 5207

Yarn and thread of cotton

Manufacture from ():
–  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 ()

 

 

–  Other

Manufacture from ():

 

 

 

–  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), provided that 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 from materials of any heading, except that of the product

 

5306 to 5308

Yarn of other vegetable textile fibres; paper yarn

Manufacture from ():
–  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 ()

 

 

–  Other

Manufacture from ():
–  coir yarn,
–  jute 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), provided that 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 ():
–  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 ()

 

 

–  Other

Manufacture from ():

 

 

 

–  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), provided that 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 ():
–  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 ()

 

 

–  Other

Manufacture from ():
–  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), provided that 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 ():
–  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 ():
–  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 that their total value does not exceed 40 % of the ex-works price of the product

 

 

–  Other

Manufacture from ():
–  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 ():
–  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 ():
–  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 ():
–  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 ():
–  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 that their total value does not exceed 40 % of the ex-works price of the product

Jute fabric may be used as a backing

 

 

–  Of other felt

Manufacture from ():
–  natural fibres, not carded or combed or otherwise processed for spinning, or
–  chemical materials or textile pulp

 

 

–  Other

Manufacture from ():
–  coir yarn or jute yarn,
–  synthetic or artificial filament yarn,
–  natural fibres, or
–  man-made staple fibres, not carded or combed or otherwise processed for spinning
Jute fabric may be used as a backing

 

ex Chapter 58

Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery; except for:

 

 

 

–  Combined with rubber thread

Manufacture from single yarn ()

 

 

–  Other

Manufacture from ():

 

 

 

–  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), provided that 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 from materials of any heading, except that of the product

 

5810

Embroidery in the piece, in strips or in motifs

Manufacture:

–  from materials of any heading, except that of the product, and

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

 

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, rasing, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

 

5904

Linoleum, whether or not cut to shape; floor coverings consisting of a coating or covering applied on a textile backing, whether or not cut to shape

Manufacture from yarn ()

 

5905

Textile wall coverings:

 

 

 

–  Impregnated, coated, covered or laminated with rubber, plastics or other materials

Manufacture from yarn

 

 

–  Other

Manufacture from ():

 

 

 

–  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), provided that 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 ():
–  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 back-cloths or the like

Manufacture from yarn

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, rasing, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that 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 from materials of any heading, except 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

Manufacture from yarn or waste fabrics or rags of heading 6310

 

 

–  Woven fabrics, of a kind commonly used in papermaking or other technical uses, felted or not, whether or not impregnated or coated, tubular or endless with single or multiple warp and/or weft, or flat woven with multiple warp and/or weft of heading 5911

Manufacture from ():
–  coir yarn,
–  the following materials:
– –  yarn of polytetrafluoroethylene (),
– –  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 (),
– –  yarn of synthetic textile fibres of poly(p-phenylene terephthalamide),
– –  glass fibre yarn, coated with phenol resin and gimped with acrylic yarn (),
– –  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 ():
–  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 ():
–  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 () ()

 

 

–  Other

Manufacture from ():
–  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 () ()

 

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 ()

or

Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product ()

 

ex 6210 and

ex 6216

Fire-resistant equipment of fabric covered with foil of aluminised polyester

Manufacture from yarn ()

or

Manufacture from uncoated fabric, provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product ()

 

6213 and

6214

Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like:

 

 

 

–  Embroidered

Manufacture from unbleached single yarn () ()

or

Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product ()

 

 

–  Other

Manufacture from unbleached single yarn () ()

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), provided that the value of all 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 ()

or

Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product ()

 

 

–  Fire-resistant equipment of fabric covered with foil of aluminised polyester

Manufacture from yarn ()

or

Manufacture from uncoated fabric, provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product ()

 

 

–  Interlinings for collars and cuffs, cut out

Manufacture:

–  from materials of any heading, except that of the product, and

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

 

 

–  Other

Manufacture from yarn ()

 

ex Chapter 63

Other made-up textile articles; sets; worn clothing and worn textile articles; rags; except for:

Manufacture from materials of any heading, except that of the product

 

6301 to 6304

Blankets, travelling rugs, bed linen etc.; curtains etc.; other furnishing articles:

 

 

 

–  Of felt, of nonwovens

Manufacture from ():
–  natural fibres, or
–  chemical materials or textile pulp

 

 

–  Other:

 

 

 

– –  Embroidered

Manufacture from unbleached single yarn () ()

or

Manufacture from unembroidered fabric (other than knitted or crocheted), provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product

 

 

– –  Other

Manufacture from unbleached single yarn () ()

 

6305

Sacks and bags, of a kind used for the packing of goods

Manufacture from ():
–  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 sunblinds; tents; sails for boats, sailboards or landcraft; camping goods:

 

 

 

–  Of non-wovens

Manufacture from () ():
–  natural fibres, or
–  chemical materials or textile pulp

 

 

–  Other

Manufacture from unbleached single yarn () ()

 

6307

Other made-up articles, including dress patterns

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

 

6308

Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packings for retail sale

Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the ex-works price of the set

 

ex Chapter 64

Footwear, gaiters and the like; parts of such articles; except for:

Manufacture from materials of any heading, except from assemblies of uppers affixed to inner soles or to other sole components of heading 6406

 

6406

Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable in-soles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof

Manufacture from materials of any heading, except that of the product

 

ex Chapter 65

Headgear and parts thereof; except for:

Manufacture from materials of any heading, except 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 ()

 

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 ()

 

ex Chapter 66

Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops, and parts thereof; except for:

Manufacture from materials of any heading, except 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 from materials of any heading, except that of the product

 

ex Chapter 68

Articles of stone, plaster, cement, asbestos, mica or similar materials; except for:

Manufacture from materials of any heading, except 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 from materials of any heading, except that of the product

 

ex Chapter 70

Glass and glassware; except for:

Manufacture from materials of any heading, except 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 heading 7003 , 7004 or 7005 , bent, edge-worked, engraved, drilled, enamelled or otherwise worked, but not framed or fitted with other materials:

 

 

 

–  Glass-plate substrates, coated with a dielectric thin film, and of a semiconductor grade in accordance with SEMII-standards ()

Manufacture from non-coated glass-plate substrate of heading 7006

 

 

–  Other

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 from materials of any heading, except that of the product

or

Cutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the product

 

7013

Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018 )

Manufacture from materials of any heading, except that of the product

or

Cutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the product

or

Hand-decoration (except silk-screen printing) of hand-blown glassware, provided that the total value of the hand-blown glassware used 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 from materials of any heading, except 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 of any heading, except those of headings 7106 , 7108 and 7110

or

Electrolytic, thermal or chemical separation of precious metals of heading 7106 , 7108 or 7110

or

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 from materials of any heading, except that of the product

or

 

 

 

Manufacture from base metal parts, not plated or covered with precious metals, provided that 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 from materials of any heading, except that of the product

 

7207

Semi-finished products of iron or non-alloy steel

Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 or 7205

 

7208 to 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 from materials of any heading, except that of the product

 

ex 7301

Sheet piling

Manufacture from materials of heading 7206

 

7302

Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole plates (base plates), rail clips, bedplates, ties and other material specialised for jointing or fixing rails

Manufacture from materials of heading 7206

 

7304 , 7305 and 7306

Tubes, pipes and hollow profiles, of iron (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 No X5CrNiMo 1712 ), consisting of several parts

Turning, drilling, reaming, threading, deburring and sandblasting of forged blanks, provided that the total value of the forged blanks used does not exceed 35 % of the ex-works price of the product

 

7308

Structures (excluding prefabricated buildings of heading 9406 ) and parts of structures (for example, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel

Manufacture from materials of any heading, except that of the product. However, welded angles, shapes and sections of heading 7301 may not be used

 

ex 7315

Skid chain

Manufacture in which the value of all the materials of heading 7315 used does not exceed 50 % of the ex-works price of the product

 

ex Chapter 74

Copper and articles thereof; except for:

Manufacture:

–  from materials of any heading, except that of the product, and

–  in which 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 from materials of any heading, except that of the product

 

7402

Unrefined copper; copper anodes for electrolytic refining

Manufacture from materials of any heading, except that of the product

 

7403

Refined copper and copper alloys, unwrought:

 

 

 

–  Refined copper

Manufacture from materials of any heading, except 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 from materials of any heading, except that of the product

 

7405

Master alloys of copper

Manufacture from materials of any heading, except that of the product

 

ex Chapter 75

Nickel and articles thereof; except for:

Manufacture:

–  from materials of any heading, except that of the product, and

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

 

7501 to 7503

Nickel mattes, nickel oxide sinters and other intermediate products of nickel metallurgy; unwrought nickel; nickel waste and scrap

Manufacture from materials of any heading, except that of the product

 

ex Chapter 76

Aluminium and articles thereof; except for:

Manufacture:

–  from materials of any heading, except that of the product, and

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

 

7601

Unwrought aluminium

Manufacture:

–  from materials of any heading, except that of the product, and

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

or

Manufacture by thermal or electrolytic treatment from unalloyed aluminium or waste and scrap of aluminium

 

7602

Aluminium waste or scrap

Manufacture from materials of any heading, except that of the product

 

ex 7616

Aluminium articles other than gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, and expanded metal of aluminium

Manufacture:

–  from materials of any heading, except that of the product. However, gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, or expanded metal of aluminium may be used; and

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

 

Chapter 77

Reserved for possible future use in the HS

 

 

ex Chapter 78

Lead and articles thereof; except for:

Manufacture:

–  from materials of any heading, except that of the product, and

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

 

7801

Unwrought lead:

 

 

 

–  Refined lead

Manufacture from ‘bullion’ or ‘work’ lead

 

 

–  Other

Manufacture from materials of any heading, except that of the product. However, waste and scrap of heading 7802 may not be used

 

7802

Lead waste and scrap

Manufacture from materials of any heading, except that of the product

 

ex Chapter 79

Zinc and articles thereof; except for:

Manufacture:

–  from materials of any heading, except that of the product, and

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

 

7901

Unwrought zinc

Manufacture from materials of any heading, except that of the product. However, waste and scrap of heading 7902 may not be used

 

7902

Zinc waste and scrap

Manufacture from materials of any heading, except that of the product

 

ex Chapter 80

Tin and articles thereof; except for:

Manufacture:

–  from materials of any heading, except that of the product, and

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

 

8001

Unwrought tin

Manufacture from materials of any heading, except 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 from materials of any heading, except 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 of the same heading as the product used does not exceed 50 % of the ex-works price of the product

 

 

–  Other

Manufacture from materials of any heading, except that of the product

 

ex Chapter 82

Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal; except for:

Manufacture from materials of any heading, except that of the product

 

8206

Tools of two or more of the headings 8202 to 8205 , put up in sets for retail sale

Manufacture from materials of any heading, except those of headings 8202 to 8205 . However, tools of headings 8202 to 8205 may be incorporated into the set, provided that their total value does not exceed 15 % of the ex-works price of the set

 

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:

–  from materials of any heading, except that of the product, and

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

 

8208

Knives and cutting blades, for machines or for mechanical appliances

Manufacture:

–  from materials of any heading, except that of the product, and

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

 

ex 8211

Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208

Manufacture from materials of any heading, except 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 from materials of any heading, except 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 from materials of any heading, except that of the product. However, handles of base metal may be used

 

ex Chapter 83

Miscellaneous articles of base metal; except for:

Manufacture from materials of any heading, except that of the product

 

ex 8302

Other mountings, fittings and similar articles suitable for buildings, and automatic door closers

Manufacture from materials of any heading, except that of the product. However, other materials of heading 8302 may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

 

ex 8306

Statuettes and other ornaments, of base metal

Manufacture from materials of any heading, except that of the product. However, other materials of heading 8306 may be used, provided that their total 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:

–  from materials of any heading, except that of the product, and

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

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 from materials of any heading, except 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

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:

–  from materials of any heading, except that of the product, and

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

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 from materials of any heading, except those of headings 8403 and 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:

–  from materials of any heading, except that of the product, and

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

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:

–  from materials of any heading, except that of the product, and

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

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:

–  from materials of any heading, except that of the product, and

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

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:

–  from materials of any heading, except that of the product,

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

–  in which the value of all the non-originating materials used does not exceed the value of all 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, paper 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, and

–  within the above limit, the value of all the materials of the same heading as the product used does not exceed 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, and

–  within the above limit, the value of all the materials of the same heading as the product used does not exceed 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:

–  from materials of any heading, except that of the product, and

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

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, and

–  within the above limit, the value of all the materials of heading 8431 used does not exceed 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, and

–  within the above limit, the value of all the materials of heading 8431 used does not exceed 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, and

–  within the above limit, the value of all the materials of heading 8431 used does not exceed 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, and

–  within the above limit, the value of all the materials of the same heading as the product used does not exceed 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, and

–  within the above limit, the value of all the materials of the same heading as the product used does not exceed 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,

–  the value of all the non-originating materials used in assembling the head (without motor) does not exceed the value of all the originating materials used, and

–  the thread-tension, crochet and zigzag mechanisms used are 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:

–  from materials of any heading, except that of the product, and

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

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:

–  from materials of any heading, except that of the product, and

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

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, and

–  within the above limit, the value of all the materials of heading 8503 used does not exceed 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, and

–  within the above limit, the value of all the materials of headings 8501 and 8503 used does not exceed 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, and

–  the value of all the non-originating materials used does not exceed the value of all 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, and

–  the value of all the non-originating materials used does not exceed the value of all 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, and

–  the value of all the non-originating materials used does not exceed the value of all 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, and

–  the value of all the non-originating materials used does not exceed the value of all 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, and

–  within the above limit, the value of all the materials of heading 8523 used does not exceed 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; digital cameras

Manufacture in which:

–  the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

–  the value of all the non-originating materials used does not exceed the value of all 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, and

–  the value of all the non-originating materials used does not exceed the value of all 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, and

–  the value of all the non-originating materials used does not exceed the value of all 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, and

–  the value of all the non-originating materials used does not exceed the value of all 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, and

–  the value of all the non-originating materials used does not exceed the value of all 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, and

–  within the above limit, the value of all the materials of heading 8538 used does not exceed 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, and

–  within the above limit, the value of all the materials of heading 8538 used does not exceed 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:

–  from materials of any heading, except that of the product, and

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

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:

 

 

 

–  Monolithic integrated circuits

Manufacture in which:

–  the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

–  within the above limit, the value of all the materials of headings 8541 and 8542 used does not exceed 10 % of the ex-works price of the product

or

The operation of diffusion (in which integrated circuits are formed on a semi-conductor substrate by the selective introduction of an appropriate dopant), whether or not assembled and/or tested in a country other than those specified in Articles 3 and 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 all the materials used does not exceed 40 % of the ex-works price of the product, and

–  within the above limit, the value of all the materials of headings 8541 and 8542 used does not exceed 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 electromechanical) signalling, safety or traffic control equipment for railways, tramways, roads, inland waterways, parking facilities, port installations or airfields; parts of the foregoing

Manufacture:

–  from materials of any heading, except that of the product, and

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

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:

–  from materials of any heading, except that of the product, and

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

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:

–  from materials of any heading, except that of the product, and

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

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 cm3

Manufacture in which:

–  the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

–  the value of all the non-originating materials used does not exceed the value of all 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 cm3

Manufacture in which:

–  the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

–  the value of all the non-originating materials used does not exceed the value of all 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, and

–  the value of all the non-originating materials used does not exceed the value of all 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 of any heading, except those of 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:

–  from materials of any heading, except that of the product, and

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

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:

–  from materials of any heading, except that of the product, and

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

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 from materials of any heading, except 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 from materials of any heading, except 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 from materials of any heading, except 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:

–  from materials of any heading, except that of the product, and

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

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:

–  from materials of any heading, except that of the product,

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

–  in which the value of all the non-originating materials used does not exceed the value of all 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:

–  from materials of any heading, except that of the product,

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

–  in which the value of all the non-originating materials used does not exceed the value of all 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:

–  from materials of any heading, except that of the product,

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

–  in which the value of all the non-originating materials used does not exceed the value of all 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:

–  from materials of any heading, except that of the product,

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

–  in which the value of all the non-originating materials used does not exceed the value of all 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:

–  from materials of any heading, except that of the product, and

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

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:

–  from materials of any heading, except that of the product, and

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

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:

–  from materials of any heading, except that of the product, and

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

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, and

–  the value of all the non-originating materials used does not exceed the value of all the originating materials used

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

9029

Revolution counters, production counters, taximeters, mileometers, pedometers and the like; speed indicators and tachometers, other than those of heading 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, and

–  the value of all the non-originating materials used does not exceed the value of all 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, and

–  the value of all the non-originating materials used does not exceed the value of all 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, and

–  within the above limit, the value of all the materials of heading 9114 used does not exceed 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:

–  from materials of any heading, except that of the product, and

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

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:

–  from materials of any heading, except that of the product, and

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

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 from materials of any heading, except 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 from materials of any heading, except that of the product

or

Manufacture from cotton cloth already made up in a form ready for use with materials of heading 9401 or 9403 , provided that:

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

 

 

–  the value of the cloth does not exceed 25 % of the ex-works price of the product, and

–  all the other materials used are 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 from materials of any heading, except that of the product

 

9503

Other toys; reduced-size (scale) models and similar recreational models, working or not; puzzles of all kinds

Manufacture:

–  from materials of any heading, except that of the product, and

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

 

ex 9506

Golf clubs and parts thereof

Manufacture from materials of any heading, except 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 from materials of any heading, except 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 as the product

 

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 that 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:

–  from materials of any heading, except that of the product, and

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

 

9608

Ball-point pens; felt-tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating stylos; propelling or sliding pencils; pen-holders, pencil-holders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading 9609

Manufacture from materials of any heading, except that of the product. However, nibs or nib-points of the same heading as the product may be used

 

9612

Typewriter or similar ribbons, inked or otherwise prepared for giving impressions, whether or not on spools or in cartridges; ink-pads, whether or not inked, with or without boxes

Manufacture:

–  from materials of any heading, except that of the product, and

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

 

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 from materials of any heading, except that of the product

 

(1)   

For the special conditions relating to ‘specific processes’, see Introductory Notes 7.1 and 7.3.

(2)   

For the special conditions relating to ‘specific processes’, see Introductory Note 7.2.

(3)   

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 manufacture of colouring preparations, provided that they are not classified in another heading in Chapter 32.

(4)   

A ‘group’ is regarded as any part of the heading separated from the rest by a semicolon.

(5)   

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.

(6)   

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 %.

(7)   

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

(8)   

The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.

(9)   

See Introductory Note 6.

(10)   

For knitted or crocheted articles, not elastic or rubberised, obtained by sewing or assembling pieces of knitted or crocheted fabrics (cut out or knitted directly to shape), see Introductory Note 6.

(11)   

SEMII – Semiconductor Equipment and Materials Institute Incorporated.

(12)   

This rule shall apply until 31.12.2005.

ANNEX IIIa

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

Printing instructions

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

2. The competent authorities of the contracting parties may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.

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ANNEX IIIb

SPECIMENS OF MOVEMENT CERTIFICATE EUR-MED AND APPLICATION FOR A MOVEMENT CERTIFICATE EUR-MED

Printing instructions

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

2. The competent authorities of the contracting parties may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.

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▼M7

ANNEX IVa

TEXT OF THE INVOICE DECLARATION

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

Bulgarian version

Износителят на продуктите, обхванати от този документ (митническо разрешение № … ( 9 )) декларира, че освен където е отбелязано друго, тези продукти са с … преференциален произход ( 10 ).

Spanish version

El exportador de los productos incluidos en el presente documento (autorización aduanera no … (9) ) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial… (10) .

Czech version

Vývozce výrobků uvedených v tomto dokumentu (číslo povolení … (9) ) prohlašuje, že kromě zřetelně označených mají tyto výrobky preferenční původ v … (10) .

Danish version

Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. … (9) ), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i … (10) .

German version

Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. … (9) ) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte … (10)  Ursprungswaren sind.

Estonian version

Käesoleva dokumendiga hõlmatud toodete eksportija (tolli kinnitus nr … (9) ) deklareerib, et need tooted on … (10)  sooduspäritoluga, välja arvatud juhul, kui on selgelt näidatud teisiti.

Greek version

Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ’ αριθ. … (9) ) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (10) .

English version

The exporter of the products covered by this document (customs authorisation No … (9) ) declares that, except where otherwise clearly indicated, these products are of … (10)  preferential origin.

French version

L’exportateur des produits couverts par le présent document (autorisation douanière no … (9) ) déclare que, sauf indication claire du contraire, ces produits ont l’origine préférentielle … (10) .

Croatian version

Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. ... (9) ) izjavljuje da su, osim ako je drukčije izričito navedeno, ovi proizvodi .... (10)  preferencijalnog podrijetla.

Italian version

L’esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. … (9) ) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale … (10) .

Latvian version

Eksportētājs produktiem, kuri ietverti šajā dokumentā (muitas pilnvara Nr. … (9) ), deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir priekšrocību izcelsme no … (10) .

Lithuanian version

Šiame dokumente išvardintų prekių eksportuotojas (muitinės liudijimo Nr … (9) ) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra … (10)  preferencinės kilmės prekės.

Hungarian version

A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: … (9) ) kijelentem, hogy eltérő egyértelmű jelzés hianyában az áruk preferenciális … (10)  származásúak.

Maltese version

L-esportatur tal-prodotti koperti b’dan id-dokument (awtorizzazzjoni tad-dwana nru. … (9) ) jiddikjara li, ħlief fejn indikat b’mod ċar li mhux hekk, dawn il-prodotti huma ta’ oriġini preferenzjali … (10) .

Dutch version

De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. … (9) ), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële …oorsprong zijn (10) .

Polish version

Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr … (9) ) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają … (10)  preferencyjne pochodzenie.

Portuguese version

O exportador dos produtos cobertos pelo presente documento (autorização aduaneira n.o … (9) ), declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial … (10) .

Romanian version

Exportatorul produselor ce fac obiectul acestui document (autorizația vamală nr. … (9) ) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferențială … (10) .

Slovenian version

Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št. … (9) ) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno … (10)  poreklo.

Slovak version

Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia … (9) ) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v … (10) .

Finnish version

Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa nro … (9) ) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja … (10)  alkuperätuotteita.

Swedish version

Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr … (9) ) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande … ursprung (10) .

Arabic version

image

................................................................................................................................................................................................................. ( 11 )

(Place and date)

................................................................................................................................................................................................................. ( 12 )

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

ANNEX IVb

TEXT OF THE INVOICE DECLARATION EUR-MED

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

Bulgarian version

Износителят на продуктите, обхванати от този документ (митническо разрешение № ... ( 13 )) декларира, че освен където ясно е отбелязано друго, тези продукти са с ... преференциален произход ( 14 ).

— 
cumulation applied with ...... ( 15 )
— 
no cumulation applied ( 16 )

Spanish version

El exportador de los productos incluidos en el presente documento (autorización aduanera no ... (13) ) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial ... (14) .

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Czech version

Vývozce výrobků uvedených v tomto dokumentu (číslo povolení ... (13) ) prohlašuje, že kromě zřetelně označených, mají tyto výrobky preferenční původ v ... (14) .

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Danish version

Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr .... (13) ), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i ... (14) .

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

German version

Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. ... (13) ) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte ... (14)  Ursprungswaren sind.

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Estonian version

Käesoleva dokumendiga hõlmatud toodete eksportija (tolli kinnitus nr. ... (13) ) deklareerib, et need tooted on ... (14)  sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Greek version

Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ'αριθ. ... (13) ) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής ... (14) .

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

English version

The exporter of the products covered by this document (customs authorization No ... (13) ) declares that, except where otherwise clearly indicated, these products are of ... (14)  preferential origin.

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

French version

L'exportateur des produits couverts par le présent document (autorisation douanière no ... (13) ) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle ... (14) .

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Croatian version

Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. … (13) ) izjavljuje da su, osim ako je to drugačije izričito navedeno, ovi proizvodi ... (14)  preferencijalnog podrijetla.

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Italian version

L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. ... (13) ) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale ... (14) .

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Latvian version

Eksportētājs produktiem, kuri ietverti šajā dokumentā (muitas pilnvara Nr. ... (13) ), deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir priekšrocību izcelsme no ... (14) .

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Lithuanian version

Šiame dokumente išvardytų prekių eksportuotojas (muitinės liudijimo Nr ... (13) ) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra ... (14)  preferencinės kilmės prekės.

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Hungarian version

A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: ... (13) ) kijelentem, hogy eltérő jelzés hianyában az áruk kedvezményes ... (14)  származásúak.

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Maltese version

L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni tad-dwana nru. ... (13) ) jiddikjara li, ħlief fejn indikat b'mod ċar li mhux hekk, dawn il-prodotti huma ta' oriġini preferenzjali ... (14) .

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Dutch version

De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. ... (13) ), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële ... oorsprong zijn (14) .

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Polish version

Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr ... (13) ) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają ... (14)  preferencyjne pochodzenie.

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Portuguese version

O exportador dos produtos cobertos pelo presente documento (autorização aduaneira no. ... (13) ) declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial ... (14) .

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Romanian version

Exportatorul produselor ce fac obiectul acestui document (autorizația vamală nr. ... (13) ) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferențială ... (14) .

— 
cumulation applied with ....... (15) 
— 
no cumulation applied (16) 

Slovenian version

Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št ... (13) ) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno ... (14)  poreklo.

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Slovak version

Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia ... (13) ) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v ... (14) .

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Finnish version

Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa n:o ... (13) ) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja ... alkuperätuotteita (14) .

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Swedish version

Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr. ... (13) ) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande ... ursprung (14) .

— 
cumulation applied with ........ (15) 
— 
no cumulation applied (16) 

Arabic version

image

— 
cumulation applied with …….. (15) 
— 
no cumulation applied (16) 

...................................................................................................................................................................................................................... ( 17 )

(Place and date)

...................................................................................................................................................................................................................... ( 18 )

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

▼M3

ANNEX V

SUPPLIER'S DECLARATIONS

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

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ANNEX VI

LONG-TERM SUPPLIER'S DECLARATION

The long-term supplier's declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

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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 Tunisia as originating in the Community within the meaning of the 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 Tunisia as originating in the Community within the meaning of the Agreement.

2. Protocol 4 shall apply, mutatis mutandis, for the purpose of defining the originating status of the abovementioned products.

▼B

PROTOCOL No 5

on mutual assistance in customs matters between the administrative authorities



Article 1

Definitions

For the purposes of this Protocol:

(a) 

‘customs legislation’ shall mean any statutory or regulatory provision applicable in the territory of the Contracting Parties governing the import, export, transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control adopted by the Parties concerned;

(b) 

‘applicant authority’ shall mean a competent administrative authority which has been appointed by a Contracting Party for this purpose and which makes a request for assistance in customs matters;

(c) 

‘requested authority’ shall mean a competent administrative authority which has been appointed by a Contracting Party for this purpose and which receives a request for assistance in customs matters;

(d) 

‘personal data’ shall mean any data relating to an identified or identifiable natural person.

Article 2

Scope

1.  
The Contracting Parties shall assist each other, within their areas of responsibility, according to the procedures and under the conditions laid down in this Protocol, with a view to the prevention, investigation and detection of operations that contravene customs legislation.
2.  
Assistance in customs matters, as provided for in this Protocol, applies to any administrative authority of the Contracting 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 judicial authorities, unless those authorities so agree.

Article 3

Assistance on request

1.  
At the request of the applicant authority, the requested authority shall furnish it with all relevant information to enable it to ensure that customs legislation is correctly applied, in particular information regarding detected or projected operations which contravene or would contravene such legislation.
2.  
At the request of the applicant authority, the requested authority shall inform it whether goods exported from the territory of one of the Contracting Parties have been properly imported into the territory of the other Party, specifying, where appropriate, the customs procedure applying to the goods.
3.  

At the request of the applicant authority, the requested authority shall undertake surveillance, in accordance with its own legislation, of:

(a) 

natural or legal persons in respect of whom there are reasonable grounds for believing that they are engaging in or have engaged in operations which contravene customs legislation;

(b) 

places where stocks of goods have been assembled in such a way that there are reasonable grounds for supposing that they are intended as supplies for operations contrary to the legislation of the other Contracting Parties;

(c) 

movements of goods notified as possibly involving operations that contravene customs legislation;

(d) 

means of transport for which there are reasonable grounds for believing that they have been, are or may be, used for the purpose of contravening customs legislation.

Article 4

Spontaneous assistance

The Contracting Parties shall provide each other, in accordance with their laws, rules and other legal instruments, with assistance if they consider that to be necessary for the correct application of customs legislation, particularly when they obtain information pertaining to:

— 
operations which contravene or which they believe to be contravention of such legislation and which may be of interest to the other Contracting Parties,
— 
new means or methods employed in realising such operations,
— 
goods known to be involved in operations contracting customs legislation,
— 
natural or legal persons in respect of whom there are reasonable grounds for believing that they are engaging in or have engaged in operations which contravene customs legislation,
— 
means of transport for which there are reasonable grounds for believing that they have been, are or may be used in the contravening of customs legislation.

Article 5

Delivery/Notification

At the request of the applicant authority, the requested authority shall in accordance with its legislation take all necessary measures in order:

— 
to deliver any document,
— 
to notify any decision,

falling within the scope of this Protocol to an addressee, residing or established in its territory. In such a case Article 6(3) is applicable.

Article 6

Form and substance of requests for assistance

1.  
Requests pursuant to this Protocol shall be made in writing. Documents deemed useful to help respond to such requests shall accompany 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 making the request;

(b) 

the measure requested;

(c) 

the object of and the reason for the request;

(d) 

the laws, rules and other legal elements involved;

(e) 

indications as exact and comprehensive as possible on the natural or legal persons being the target of the investigations;

(f) 

a summary of the relevant facts and of the enquiries already carried out, except in cases provided for in Article 5.

3.  
Requests shall be submitted in an official language of the requested authority or in a language acceptable to such authority.
4.  
If a request does not met the formal requirements, its correction or completion may be demanded; the ordering of precautionary measures may, however, take place.

Article 7

Execution of requests

1.  
In order to comply with a request for assistance, the requested authority shall proceed, within 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 apply also to the administrative department 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 excecuted in accordance with the laws, rules and other legal instruments of the requested Contracting Party.
3.  
Duly authorised officials of a Contracting Party may, with the agreement of the other Contracting Party involved and within the conditions laid down by the latter, obtain from the offices of the requested authority or other authority for which the requested authority is responsible, information relating to the operations contravening or likely to contravene customs legislation which the applicant authority needs for the purposes of this Protocol.
4.  
Officials of a Contracting Party may, with the agreement of the other Contracting Party involved and within 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 the form of documents, certified copies of documents, reports and the like.
2.  
The documents provided for in paragraph 1 may be replaced by computerised information produced in any form for the same purpose.

Article 9

Exceptions to the obligation to provide assistance

1.  

The Contracting Parties may refuse to give assistance as provided for in this Protocol, where to do so would:

(a) 

be likely to prejudice Tunisia's sovereignty or that of a Member State of the Community whose assistance has been requested pursuant to this Protocol; or

(b) 

be likely to prejudice their public policy, security or other essential interests; or

(c) 

involve legislation other than customs legislation; or

(d) 

violate an industrial, commercial or professional secret.

2.  
Where the applicant authority asks for assistance which it would itself be unable to provide if so asked, it shall draw attention to that fact in its request. It shall then be left to the requested authority to decide how to respond to such a request.
3.  
If assistance is denied, the decision and the reasons therefor must be notified to the applicant authority without delay.

Article 10

Obligation to observe confidentiality

1.  
Any information communicated in whatsoever form pursuant to this Protocol shall be of a confidential nature. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to like information under the relevant legislation of the Contracting Party which received it and the corresponding provisions applying to the Community authorities.
2.  
Personal data may be communicated only where the level of protection granted to persons laid down in the legislation of the Contracting Parties is equivalent. The Contracting Parties must ensure at least a level of protection based on the principles contained in the Annex to this Protocol.

Article 11

Use of information

1.  
Information obtained, including information relating to personal data, shall be used solely for the purposes of this Protocol and may be used within each Contracting Party for other purposes only with the prior written consent of the administrative authority which furnished the information and shall be subject to any restrictions laid down by that authority. These provisions shall not be applicable when the information obtained for the purposes of this Protocol could also be used for the purposes of fighting against illicit trafficking of narcotic drugs and psychotropic substances. Such information may be communicated to other authorities directly involved in combating illicit drug traffic, within the limits of Article 2.
2.  
Paragraph 1 shall not impede the use of information in any judicial or administrative proceedings subsequently instituted for failure to comply with customs legislation. The competent authority which provided the information shall be informed immediately of such use.
3.  
The Contracting 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.

Article 12

Experts and withnesses

1.  
An official of a requested authority may be authorised to appear, within the limitations of the authorisation granted, as expert or withness in judicial or administrative proceedings regarding the matters covered by this Protocol in the jurisdiction of the other Contracting Party, and produce such objects, documents or authenticated copies thereof, as may be needed for the proceedings. The request for an appearance must indicate specifically on what matters and by virtue of what title or qualification the official will be questioned.
2.  
The authorised official shall enjoy the protection guaranteed by existing legislation to officials of the applicant authority on its territory.

Article 13

Assistance expenses

The Contracting 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, witnesses, interpreters and translators who are not dependent upon public services.

Article 14

Implementation

1.  
The implementation of this Protocol shall be entrusted to the national customs authorities of Tunisia on the one hand and the competent services of the Commission of the European Communities and, where appropriate, the customs authorities of the Member States on the other. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration rules in the field of data protection. They may, through the Customs Cooperation Committee set up by Article 40 of Protocol No 4, recommend to the Association Council, amendments which they consider should be made to this Protocol.
2.  
The Contracting Parties shall consult 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 15

Complementarity

1.  
This Protocol shall complement and not impede the application of any agreements on mutual assistance which have been concluded or may be concluded by individual or several Member States of the European Union and Tunisia. Nor shall it preclude more extensive mutual assistance granted under such agreements.
2.  
Without prejudice to Article 11, these agreements shall not prejudice Community provisions governing the communication between the competent services of the Commission and the customs authorities of the Member States of any information obtained in customs matters which could be of Community interest.

Annex to the Protocol

FUNDAMENTAL PRINCIPLES APPLICABLE TO DATA PROTECTION

1. Personal data undergoing computer processing must be:

(a) 

obtained and processed fairly and lawfully;

(b) 

kept for explicit and legitimate purposes and not further used in a way incompatible with those purposes;

(c) 

appropriate, relevant and not excessive in relation to the purposes for which they are collected;

(d) 

accurate and, where necessary, kept up to date;

(e) 

kept in a form which permits identification of the person concerned for no longer than is necessary for the procedure for which the data were collected.

2. Personal data revealing racial origin, political or religious opinions or other beliefs, and data concerning a person's health or sex life, may not undergo computer processing except where suitable safeguards are provided by national law. These provisions apply also to personal data relating to criminal convictions.

3. Appropriate security measures must be taken to ensure that personal data recorded in computer filing systems are protected against unlawful destruction or accidental loss and against unauthorised alteration, disclosure or access.

4. Any person must have the right to:

(a) 

establish whether personal data relating to him are kept in a computer filing system, the purposes for which they are mainly used and the identity and normal lace of residence or work of the person responsible for the filing system;

(b) 

obtain at reasonable intervals, and without excessive delay or expense, confirmation as to the existence of a computer filing system containing personal data relating to him and communication of such data in an intelligible form;

(c) 

obtain, as appropriate, the rectification or erasure of such data where they have been processed in violation of the provisions laid down by the national legislation applying the fundamental principles contained in paragraphs 1 and 2 of this Annex;

(d) 

have access to legal remedies if no action is taken on a request for communication or, where appropriate, the communication, rectification or erasure referred to in paragraphs (b) and (c) above.

5.1. Derogations from the provisions of paragraphs 1, 2 and 4 of this Annex are allowed only in the cases below.

5.2. Derogations from the provisions of paragraphs 1, 2 and 4 of this Annex may be allowed where provided for in the legislation of the Contracting Party and where such derogation constitutes a necessary measure in a democratic society and is intended to:

(a) 

safeguard national security, public order or a State's financial interests or prevent criminal offences;

(b) 

protect the data subjects or the rights and freedoms of others.

5.3. In the case of computerised filing systems containing personal data used for statistical purposes or scientific research, the rights referred to in pargraphs 4(b), (c) and (d) of this Annex may be restricted by law where such use is clearly unlikely to constitute an invasion of privacy of the data subjects.

6. No provision in this Annex is to be interpreted as restricting or prejudicing a Contracting Party's power to grant data subjects wider protection than that provided for in this Annex.

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 EUROPEAN COMMUNITY and the EUROPEAN COAL AND STEEL COMMUNITY,

hereinafter referred to as ‘the Community’,

of the one part,

and the plenipotentiaries of the REPUBLIC OF TUNISIA hereinafter to as ‘Tunisia’,

of the other part,

meeting at Brussels on the seventeenth day of July in the year one thousand nine hundred and ninety-five for the signature of the Agreement establishing an association between the Community and its Member States, of the one part, and the Republic of Tunisia, of the other part, have adopted the following texts:

the Euro-Mediteranean Agreement and the following Protocols:



Protocol No 1 on the arrangements applying to imports into the Community of agricultural products originating in Tunisia

Protocol No 2 on the arrangements applying to imports into the Community of fishery products originating in Tunisia

Protocol No 3 on the arrangements applying to imports into Tunisia of agricultural products originating in the Community

Protocol No 4 concerning the definition of originating products and methods of administrative cooperation

Protocol No 5 on mutual assistance in customs matters between the administrative authorities

The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Tunisia have adopted the texts of the Joint Declarations listed below and annexed to this Final Act:

Joint Declaration relating to Article 5 of the Agreement

Joint Declaration relating to Article 10 of the Agreement

Joint Declaration relating to Article 39 of the Agreement

Joint Declaration relating to Article 42 of the Agreement

Joint Declaration relating to Article 49 of the Agreement

Joint Declaration relating to Article 50 of the Agreement

Joint Declaration relating to Article 64 of the Agreement

Joint Declaration relating to Article 64(1) of the Agreement

Joint Declaration relating to Article 65 of the Agreement

Joint Declaration relating to Articles 34, 35, 76 and 77 of the Agreement

Joint Declaration relating to textiles

The plenipotentiaries of Tunisia have taken note of the Declaration by the European Community mentioned below and annexed to this Final Act.

Declaration relating to Article 29 of the Agreement.

The plenipotentiaries of the Member States and of the Community have taken note of the Declaration by Tunisia mentioned below and annexed to this Final Act:

Declaration on safeguarding Tunisia's interests.

Declaration concerning Article 69 of the Agreement.

Hecho en Bruselas, el diecisiete de julio de mil novecientos noventa y cinco.

Udfærdiget i Bruxelles den syttende juli nitten hundrede og fem og halvfems.

Geschehen zu Brüssel am siebzehnten Juli neunzehnhundertfünfundneunzig.

Έγινε στις Βρυξέλλες, στις δέκα εφτά Ιουλίου χίλια εννιακόσια ενενήντα πέντε.

Done at Brussels on the seventeenth day of July in the year one thousand nine hundred and ninety-five.

Fait à Bruxelles, le dix-sept juillet mil neuf cent quatre-vingt-quinze.

Fatto a Bruxelles, addì diciassette luglio millenovecentonovantacinque.

Gedaan te Brussel, de zeventiende juli negentienhonderd vijfennegentig.

Feito em Bruxelas, em dezassete de Julho de mil novecentos e noventa e cinco.

Tehty Brysselissä seitsemäntenätoista päivänä heinäkuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäviisi.

Som skedde i Bryssel den sjuttonde juli nittonhundranittiofem.

image

Pour le Royaume de Belgique

Voor het Koninkrijk België

Für das Königreich Belgien

signatory

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 Brusselse Hoofdstedelijke Gewest.

Diese Unterschrift verbindet 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

signatory

Für die Bundesrepublik Deutschland

signatory

Για την Ελληνική Δημοκρατία

signatory

Por el Reino de España

signatory

Pour la République française

signatory

Thar ceann na hÉireann For Ireland

signatory

Per la Repubblica italiana

signatory

Pour le Grand-Duché de Luxembourg

signatory

Voor het Koninkrijk der Nederlanden

signatory

Für die Republik Österreich

signatory

Pela República Portuguesa

signatory

Suomen tasavallan puolesta

signatory

För Konungariket Sverige

signatory

For the United Kingdom of Great Britain and Northern Ireland

signatory

Por las Comunidades Europeas

For De Europæiske Fællesskaber

Für die Europäischen Gemeinschaften

Για τις Ευρωπαϊκές 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

signatory

signatory

signatory

JOINT DECLARATIONS

Joint declaration relating to Article 5 of the Agreement

1. The Parties hereby agree that political dialogue at ministerial level should take place at least once a year.

2. The Parties consider that political dialogue should be established between the European Parliament and the Tunisian Chamber of Deputies.

Joint declaration relating to Article 10 of the Agreement

The Parties hereby agree to establish jointly the separate specification by Tunisia of an agricultural component in the import duties in force on goods originating in the Community before the entry into force of the Agreement in respect of the products appearing in list 2 in Annex 2 to the Agreement.

This principle will also apply to the products appearing in list 3 in Annex 2 to the Agreement before elimination of the industrial component begins.

Should Tunisia raise the duties in force on 1 January 1995 for the products mentioned above owing to the agricultural component, it will accord the Community a 25% reduction on the increase in duties.

Joint declaration relating to Article 39 of the Agreement

Under the Agreement, the Parties agree that intellectual, industrial and commercial property comprises, in particular, copyright, including copyright in computer programs, and neighbouring rights, commercial trademarks and geographical descriptions including designation of origin, industrial designs and models, patents, configuration plans (topographies) of integrated circuits, protection of undisclosed information and protection against unfair competition in accordance with Article 10(a) of the Paris Convention for the Protection of Industrial Property in the 1967 Act of Stockholm (Paris Union).

Joint declaration relating to Article 42 of the Agreement

The Parties reaffirm the importance they attach to decentralised cooperation programmes as an additional means of promoting exchange of experience and transfer of knowledge in the Mediterranean region and between the European Community and its partners.

Joint declaration relating to Article 49 of the Agreement

The Parties recognize the need to modernise the Tunisian productive sector in order to adapt it better to the realities of the international and European economy.

The Community will give its support to Tunisia in implementing a support programme in the industrial sectors to benefit from restructuring and updating in order to cope with difficulties which may stem from the liberalisation of trade and in particular the dismantling of tariffs.

Joint declaration relating to Article 50 of the Agreement

The Contracting Parties attach importance to boosting the flow of direct investment to Tunisia.

They agree to expand Tunisia's access to Community investment promotion instruments in accordance with the relevant Community provisions.

Joint declaration relating to Article 64 of the Agreement

Without prejudice to the conditions and procedures applicable in each Member State, the Parties will examine the matter of access to a Member State's labour market of the spouse and children, legally resident under family reunification arrangements, of Tunisian workers legally employed on the territory of a Member State, except for seasonal workers, those on secondment or on placement, for the duration of the worker's authorised stay.

Joint declaration relating to Article 64(1) of the Agreement

With regard to the absence of discrimination as regards redundancy, Article 64(1) may not be invoked to obtain renewal of a residence permit. The granting, renewal or refusal of a residence permit shall be governed by the legislation of each Member State and the bilateral agreements and conventions in force between Tunisia and the Member State.

Joint declaration relating to Article 65 of the Agreement

It is understood that the term ‘members of their family’ shall be defined according to the national legislation of the host country concerned.

Joint declaration relating to Articles 34, 35, 76 and 77 of the Agreement

If, during the progressive implementation of the Agreement, Tunisia experiences serious balance of payments difficulties, Tunisia and the Community may hold consultations to work out the best ways and means of helping Tunisia cope with these difficulties.

Such consultations will take place in conjunction with the International Monetary Fund.

Joint declaration relating to textiles

It is understood that the arrangements for textile products will be the subject of a special protocol, to be concluded by 31 December 1995, on the basis of the provisions of the arrangement in force in 1996.

DECLARATION BY THE COMMUNITY

Declaration on safeguarding Tunisia's interests

Tunisia wishes its interests be taken into account where any concessions and advantages are granted to other Mediterranean non-member countries under future agreements concluded between those countries and the Community.

DECLARATIONS BY TUNISIA

Declaration on safeguarding Tunisia's interests

Tunisia wishes its interests be taken into account where any concessions and advantages are granted to other Mediterranean non-member countries under future agreements concluded between those countries and the Community.

Declaration concerning Article 69 of the Agreement

— 
Considering family reunification as a basic right of Tunisian workers residing abroad,
— 
bearing in mind that this right is a key factor in maintaining the balance of the family and guaranteeing success at school and the children's social and occupational integration,
— 
notwithstanding the bilateral agreements concluded between Tunisia and certain Member States of the European Union,

Tunisia wishes the question of family reunification to be the subject of in depth discussions with the Community with a view to easing and improving the conditions for family reunification.



( *1 ) The quantities imported under the tariff quota opened by Tunisia within the WTO framework under the current access arrangements are deducted from the preferential tariff quota.

( *2 ) Overall quota for the eight subheadings.

( 1 ) The figure of 8 000 tonnes covers all four subheadings.

( 2 ) From 1 July to end February.

( 3 ) The figure of 9 700 tonnes covers all three subheadings.

( 4 ) The rate will be reduced to 0 % in five equal steps between 1 January 2001 and 1 January 2005.

( 5 ) From 1 October to 31 May.

( 6 ) Additional quota to the existing one subject to customs duties of 17 %.

( 6 ) The Principality of Liechtenstein has a customs union with Switzerland and is a Contracting Party to the Agreement on the European Economic Area.

( 6 ) The Principality of Liechtenstein has a customs union with Switzerland and is a Contracting Party to the Agreement on the European Economic Area.

( 7 ) When the invoice declaration is made out by an approved exporter within the meaning of Article 23 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 must be omitted or the space left blank.

( 8 ) 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 38 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'.

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

( 10 ) See Article 22(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.

( 11 ) When the origin declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the origin declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.

( 12 ) Origin of products to be indicated. When the origin declaration relates, in whole or in part, to products originating in Ceuta and Melilla, the exporter must clearly indicate them in the document on which the declaration is made out, by means of the symbol 'CM'.

( 13 ) Insert name of the country/countries.

( 14 ) Complete and delete where necessary.

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

( 16 ) See Article 22(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.

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