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Document 01997A0716(01)-20210901

Consolidated text: EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part

ELI: http://data.europa.eu/eli/agree_internation/1997/430/2021-09-01

01997A0716(01) — EN — 01.09.2021 — 003.001


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 INTERIM ASSOCIATION AGREEMENT

on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part

(OJ L 187 16.7.1997, p. 3)

Amended by:

 

 

Official Journal

  No

page

date

►M1

AGREEMENT  in the form of an Exchange of Letters between the European Community and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 2 to the EC-Palestinian Authority Interim Association Agreement

  L 2

6

5.1.2005

 M2

DECISION No 1/2009 OF THE EC-PLO JOINT COMMITTEE  of 24 June 2009

  L 298

1

13.11.2009

►M3

AGREEMENT  in the form of an Exchange of Letters between the European Union, of the one part, and the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other

  L 328

5

10.12.2011

 M4

DECISION No 1/2014 of the EU-PLO JOINT COMMITTEE  of 8 May 2014

  L 347

42

3.12.2014

 M5

DECISION No 1/2016 OF THE EU-PLO JOINT COMMITTEE  of 18 February 2016

  L 205

24

30.7.2016

►M6

DECISION No 1/2021 OF THE EU-PLO JOINT COMMITTEE  of 30 August 2021

  L 328

23

16.9.2021




▼B

EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT

on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part



The EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’,

of the one part,

and the PALESTINE LIBERATION ORGANIZATION (PLO) FOR THE BENEFIT OF THE PALESTINIAN AUTHORITY OF THE WEST BANK AND THE GAZA STRIP, hereinafter referred to as ‘the Palestinian Authority’,

of the other part,

CONSIDERING the importance of the existing links between the Community and the Palestinian people of the West Bank and the Gaza Strip, and the common values that they share,

CONSIDERING that the Community and the PLO wish to strengthen those links and to establish lasting relations based on partnership and reciprocity,

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

DESIROUS of strengthening the framework of relations between the European Community and the Middle East, and of regional economic integration of the Middle Eastern countries as an objective to be achieved as soon as conditions permit,

CONSIDERING the difference in economic and social development existing between the Parties and the need to intensify existing efforts to promote economic and social development in the West Bank and the Gaza Strip,

DESIROUS of establishing a cooperation, supported by a regular dialogue, on economic, cultural, scientific and educational matters with a view to improving mutual knowledge and understanding,

CONSIDERING the commitment of the Parties to free trade, and in particular to compliance with the provisions of the General Agreement on Tariffs and Trade of 1994,

DESIROUS of building on the existing autonomous trade arrangements between the Parties and placing them on a contractual and reciprocal basis,

CONVINCED of the need to promote the creation of a new climate for their economic relations in order to improve the environment for investment flows,

CONSIDERING the rights and obligations of the parties under the international agreements which they have signed,

CONVINCED that the full participation of the Palestinian Authority in the Euro-Mediterranean Partnership launched at the Barcelona Conference is an important step in the normalization of relations between the Parties, which should be reflected in an Agreement on an interim basis at the present stage,

AWARE of the major political significance of the holding of Palestinian elections on 20 January 1996 for the process leading to a permanent settlement based on United Nations Security Council Resolutions 242 and 338,

RECOGNIZING that this Agreement should be replaced by a Euro-Mediterranean Association Agreement as soon as conditions permit,

HAVE AGREED AS FOLLOWS:



Article 1

1.  
An Interim Association on Trade and Cooperation is hereby established between the Community and the Palestinian Authority.
2.  

The objectives of this Agreement are:

— 
to provide an appropriate framework for a comprehensive dialogue, allowing the development of close relations between the Parties,
— 
to establish the conditions for the progressive liberalization of trade,
— 
to foster the development of balanced economic and social relations between the Parties through dialogue and cooperation,
— 
to contribute to the social and economic development of the West Bank and Gaza Strip,
— 
to encourage regional cooperation with a view to the consolidation of peaceful coexistence and economic and political stability,
— 
to promote cooperation in other areas which are of reciprocal interest.

Article 2

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

TITLE I

FREE MOVEMENT OF GOODS

BASIC PRINCIPLES

Article 3

The Community and the Palestinian Authority shall establish progressively a free trade area over a transitional period, not extending beyond 31 December 2001, according to the modalities set out in this Title and in conformity with the provisions of the General Agreement on Tariffs and Trade of 1994 and of the other multilateral agreements on trade in goods annexed to the agreement establishing the World Trade Organization (WTO), hereinafter referred to as the GATT.

CHAPTER 1

INDUSTRIAL PRODUCTS

Article 4

▼M3

The provisions of this Chapter shall apply to products originating in the European Union and in the West Bank and the Gaza Strip other than those listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT. However, this Chapter shall continue to apply to chemically pure lactose of CN code 1702 11 00 and glucose and glucose syrup, containing in the dry state 99 % or more by weight of glucose of CN codes ex 1702 30 50 and ex 1702 30 90 .

▼B

Article 5

No new customs duty on imports, or any other charge having equivalent effect, shall be introduced on trade between the Community and the West Bank and Gaza Strip.

Article 6

Imports into the Community of products originating in the West Bank and the Gaza Strip shall be allowed free of customs duties and of any other charge having equivalent effect and free of quantitative restrictions and of any other measure having equivalent effect.

Article 7

1.  
The provisions of this Chapter do not preclude the retention by the Community of an agricultural component in respect of goods originating in the West Bank and the Gaza Strip and listed in Annex 1.

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

2.  
For the products listed in Annex 2 originating in the Community, the Palestinian Authority may retain for the duration of the Agreement customs duties on import and charges having equivalent effect not higher than those in force on 1 July 1996.
3.  
The Joint Committee established under Article 63 may decide on further concessions which the parties grant each other on a mutual basis.

Article 8

1.  
Customs duties and charges having equivalent effect applicable on import into the West Bank and the Gaza Strip of products originating in the Community, other than those listed in Annexes 2 and 3, shall be abolished when the Agreement enters into force.
2.  

From the entry into force of the Agreement, for the products originating in the Community listed in Annex 3 imported into the West Bank and the Gaza Strip, the Palestinian Authority may levy fiscal charges not exceeding 25 % by value. These charges shall be gradually abolished in accordance with the following schedule:

one year after the date of entry into force of this Agreement, each charge shall be reduced to 90 % of the basic charge;
two years after the date of entry into force of this Agreement, each charge shall be reduced to 80 % of the basic charge;
three years after the date of entry into force of this Agreement, each charge shall be reduced to 70 % of the basic charge;
four years after the date of entry into force of this Agreement, each charge shall be reduced to 60 % of the basic charge;
five years after the date of entry into force of this Agreement, each remaining charge shall be abolished.
3.  
In the event of serious difficulties for a given product, the schedule referred to in paragraph 2 may be reviewed by the Joint Committee by common accord, on the understanding that it may not be suspended beyond the maximum transitional period of five years. If the Joint Committee has not taken a decision within 30 days of its application to review the schedule, the Palestinian Authority may suspend the schedule provisionally for a period which may not exceed one year.
4.  
If the charge is reduced erga omnes, the reduced charge shall replace the basic charge described in paragraph 2 from the date on which the reduction is applied.
5.  
The Palestinian Authority shall notify the Community of its basic duties and charges.

Article 9

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

Article 10

1.  
By way of derogation from Articles 5 and 8, the Palestinian Authority may take exceptional measures of limited duration to introduce, increase or re-introduce customs duties.
2.  
Such measures may only apply to infant industries and to sectors undergoing restructuring or experiencing serious difficulties, particularly where those difficulties entail severe social problems.
3.  
Customs duties on imports into the West Bank and the Gaza Strip of products originating in the Community that are introduced by such exceptional measures may not exceed 25 % by value, and must retain a preferential margin for products originating in the Community. The total value of imports of the products subjected to such measures may not exceed 15 % of total imports of industrial products originating in the Community during the last year for which statistics are available.
4.  
Such measures shall be applied for no longer than five years, except where a longer duration is authorized by the Joint Committee.
5.  
The Palestinian Authority shall inform the Joint Committee of any exceptional measures it intends to adopt and, at the Community’s request, consultations shall be held on the measures and sectors concerned before they are implemented. When adopting such measures, the Palestinian Authority shall provide the Committee with a schedule for the abolition of the customs duties introduced pursuant to this Article. Such schedules shall provide for the phasing out of the duties concerned by equal annual instalments, starting no later than the end of the second year following their introduction. The Joint Committee may decide on a different schedule.

CHAPTER 2

▼M3

AGRICULTURAL PRODUCTS, PROCESSED AGRICULTURAL PRODUCTS AND FISH AND FISHERY PRODUCTS

▼B

Article 11

▼M3

The provisions of this Chapter shall apply to products originating in the European Union and in the West Bank and the Gaza Strip listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT, with exception of chemically pure lactose of CN code 1702 11 00 and of glucose and glucose syrup, containing in the dry state, 99 % or more by weight of glucose of CN codes ex 1702 30 50 and ex 1702 30 90 , for which duty free market access was already granted within Chapter 1.

▼B

Article 12

▼M3

The European Union and the Palestinian Authority shall progressively establish greater liberalisation of their trade in agricultural products, processed agricultural products and fish and fishery products of interest to both Parties.

▼B

Article 13

▼M3

1.  
Agricultural products, processed agricultural products and fish and fishery products originating in the West Bank and the Gaza Strip listed in Protocol 1, on importation into the European Union shall be subject to the arrangements set out in that Protocol.
2.  
Agricultural products, processed agricultural products and fish and fishery products originating in the European Union listed in Protocol 2, on importation into the West Bank and the Gaza Strip shall be subject to the arrangements set out in that Protocol.

▼B

Article 14

1.  
From 1 January 1999, the Community and the Palestinian Authority shall examine the situation in order to determine the measures to be applied by the Community and the Palestinian Authority from 1 January 2000, in accordance with the objective set out in Article 12.
2.  
Without prejudice to paragraph 1 and taking account of the volume of trade in agricultural products between the Parties and of the particular sensitivity of such products, the Community and the Palestinian Authority shall examine in the Joint Committee, product by product and on an orderly and reciprocal basis, the possibility of granting each other further concessions.

CHAPTER 3

COMMON PROVISIONS

Article 15

1.  
No new quantitative restriction on imports or measures having equivalent effect shall be introduced in trade between the Community and the West Bank and Gaza Strip.
2.  
Quantitative restrictions on imports and measures having equivalent effect in trade between the Community and the West Bank and Gaza Strip shall be abolished from the entry into force of this Agreement.
3.  
The Community and the Palestinian Authority shall not apply to exports between themselves either customs duties or charges having equivalent effect, or quantitative restrictions or measures having equivalent effect.

Article 16

1.  
Products originating in the West Bank and the Gaza Strip shall not, on importation into the Community, be accorded a treatment more favourable than that which the Member States apply among themselves.
2.  
Application of the provisions of this Agreement shall be without prejudice to Council Regulation (EEC) No 1911/91 of 26 June 1991 on the application of the provision of Community law to the Canary Islands.

Article 17

1.  
In the event of specific rules being introduced as a result of the implementation of its agricultural policy or of any alteration of the current rules or in the event of any alteration or extension of the provisions relating to the implementation of its agricultural policy, the Party concerned may amend the arrangements resulting from the Agreement in respect of the products concerned.
2.  
In such cases the Party concerned shall inform the Joint Committee. At the request of the other Party, the Joint Committee shall meet to take due account of the interests of the other Party.
3.  
If the Community or the Palestinian Authority, in applying paragraph 1, modifies the arrangements made by this Agreement for agricultural products, they shall accord imports originating in the other Party an advantage comparable to that provided for in this Agreement.
4.  
The application of this Article may be the subject of consultations in the Joint Committee.

Article 18

1.  
The Parties shall refrain from any measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party.
2.  
Products exported to the territory of one of the Parties may not benefit from repayment of indirect internal taxation in excess of the amount of indirect taxation imposed on them either directly or indirectly.

Article 19

1.  
The Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade, except insofar as they alter the trade arrangements provided for in this Agreement.
2.  
Consultation between the Parties shall take place within the Joint Committee concerning agreements establishing customs unions or free trade areas and, where requested, on other major issues related to their respective trade policy with third countries. In particular, in the event of a third country acceding to the European Union, such consultation shall take place so as to ensure that account can be taken of the mutual interests of this Parties.

Article 20

If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of GATT, it may take appropriate measures against this practice in accordance with the Agreement on implementation of Article VI of the GATT and with its relevant internal legislation, under the conditions and in accordance with the procedures laid down in Article 23 of this Agreement.

Article 21

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 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 Party concerned may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 23.

Article 22

Where compliance with the provisions of Article 15 (3) leads to:

(i) 

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

(ii) 

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

and where the situations referred to above give rise, or are likely to give rise to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 23. The measures shall be non-discriminatory and be eliminated when conditions no longer justify their maintenance.

Article 23

1.  
In the event of the Community or the Palestinian Authority subjecting imports of products liable to give rise to the difficulties referred to in Article 21 to an administrative procedure, the purpose of which is to provide rapid information on the trend of trade flows, it shall inform the other Party.
2.  
In the cases specified in Articles 20, 21 and 22, before taking the measures provided for therein, or, as soon as possible in cases to which paragraph 3 (d) of this Article applies, the Party in question shall supply the Joint Committee with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.

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

The safeguard measures shall be notified immediately to the Joint Committee and shall be the subject of periodic consultations within that Committee, 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 20, 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 GATT or no other satisfactory solution has been reached within 30 days of the notification being made, the importing Party may adopt the appropriate measures.

(b) 

As regards Article 21, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Joint Committee, which may take any decision needed to put an end to such difficulties.

If the Joint 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 22, the difficulties arising from the situations referred to in that Article shall be referred for examination to the Joint Committee.

The Committee may take any decision needed to put an end to the difficulties. If it has not taken such a decision within 30 days of the matter being referred to it, the exporting Party may apply appropriate measures on the exportation of the product concerned.

(d) 

Where exceptional circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Party concerned may, in the situations specified in Articles 20, 21 and 22 apply forthwith such precautionary measures as are strictly necessary to remedy the situation, and shall inform the other Party immediately.

▼M3

Article 23bis

Temporary Withdrawal of Preferences

1.  
The Parties agree that administrative cooperation and assistance are essential for the implementation and the control of the preferential treatment granted under this Agreement and underline their commitment to combat irregularities and fraud in customs and related matters.
2.  
Where a Party has made a finding, on the basis of objective information, of a failure to provide administrative cooperation/assistance and/or of irregularities or fraud under this Agreement, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned in accordance with this Article.
3.  

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

(a) 

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

(b) 

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

(c) 

a repeated refusal or undue delay in obtaining authorisation to conduct enquiry visits to determine the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question.

4.  
For the purpose of this Article a finding of irregularities or fraud may be made, inter alia, where there is a rapid increase, without satisfactory explanation, in imports of goods exceeding the usual level of production and export capacity of the other Party that is linked to objective information concerning irregularities or fraud.
5.  

The application of a temporary suspension shall be subject to the following conditions:

(a) 

The Party which has made a finding, on the basis of objective information, of a failure to provide administrative cooperation/assistance and/or of irregularities or fraud shall without undue delay notify the Joint Committee of its finding together with the objective information and enter into consultations within the Joint Committee, on the basis of all relevant information and objective findings, with a view to reaching a solution acceptable to both Parties.

(b) 

Where the Parties have entered into consultations within the Joint Committee and have failed to agree on an acceptable solution within 3 months following the notification, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned. A temporary suspension shall be notified to the Joint Committee without undue delay.

(c) 

Temporary suspensions under this Article shall be limited to that necessary to protect the financial interests of the Party concerned. They shall not exceed a period of 6 months, which may be renewed if at the date of expiry nothing has changed with respect to the conditions that gave rise to the initial suspension. They shall be subject to periodic consultations within the Joint Committee, in particular with a view to their termination as soon as the conditions for their application no longer apply.

Each Party shall publish according to its internal procedures, in the case of the European Union in the Official Journal of the European Union, notices to importers concerning any: notification referred to in paragraph 5 (a); decision referred to in paragraph 5 (b); and extension or termination referred to in paragraph 5 (c).

▼B

Article 24

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

Article 25

The concept of ‘originating products’ for the application of the provisions of the present Title and the methods of administrative cooperation relating to them are set out in Protocol 3. The Joint Committee may decide to make the necessary adaptations to this Protocol with a view to the implementation of cumulation of origin as agreed in the Declaration adopted at the Barcelona Conference.

Article 26

The combined nomenclature shall be used for the classification of goods in the trade between the Parties.

TITLE II

PAYMENTS, CAPITAL, COMPETITION, INTELLECTUAL PROPERTY AND PUBLIC PROCUREMENT

CHAPTER 1

CURRENT PAYMENTS AND MOVEMENT OF CAPITAL

Article 27

Subject to the provisions of Article 29, the Parties undertake to impose no restrictions on any current payments for current transactions.

Article 28

1.  
With regard to transactions on the capital account of balance of payments, the Parties undertake to impose no restrictions on the movement of capital relating to direct investments in the West Bank and Gaza Strip in companies formed in accordance with current laws, nor on the liquidation and repatriation of the yield from such investments, or any profit stemming therefrom.
2.  
The Parties shall consult each other with a view to facilitating the movement of capital between the Community and the West Bank and Gaza Strip.

Article 29

Where one or more Member States of the Community, or the Palestinian Authority, is in serious balance of payments difficulties, or under threat thereof, the Community or the Palestinian Authority, as the case may be, may, in accordance with the conditions established under the GATT 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 necessary to remedy the balance of payments situation.

The Community or the Palestinian Authority, 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 2

COMPETITION, INTELLECTUAL PROPERTY AND PUBLIC PROCUREMENT

Article 30

1.  

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

(i) 

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

(ii) 

abuse by one or more undertakings of a dominant position in the territories of the Community or the West Bank and the Gaza Strip as a whole or in a substantial part thereof;

(iii) 

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

2.  
The Parties shall, as appropriate, assess any practice contrary to this Article on the basis of the criteria resulting from the application of Community competition rules.
3.  
The Joint Committee shall, before 31 December 2001, adopt by decision the necessary rules for the implementation of paragraphs 1 and 2.

Until these rules are adopted, the provisions of the Agreement on Subsidies and Countervailing Measures shall be applied as the rules for the implementation of paragraph 1 (iii) and the relevant parts of paragraph 2.

4.  
As regards the implementation of paragraph 1 (iii), the Parties recognize that the Palestinian Authority may wish to use, during the period until 31 December 2001, public aid to undertakings as an instrument to tackle its specific development problems.
5.  
Each Party shall ensure transparency in the area of public aid, inter alia by reporting annually to the other Party on the total amount and the distribution of the aid given and by providing, upon request, information on aid schemes. Upon request by one Party, the other Party shall provide information on particular individual cases of public aid.
6.  

With regard to products referred to in Title I, Chapter 2:

— 
paragraph 1 (iii) does not apply,
— 
any practices contrary to paragraph 1 (i) 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.
7.  

If the Community or the Palestinian Authority considers that a particular practice is incompatible with the terms of paragraph 1 of this Article, 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 Joint Committee or after 30 working days following referral for such consultation.

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

8.  
Nothwithstanding 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 31

The Member States and the Palestinian Authority shall progressively adjust, without prejudice to their commitments to the GATT where appropriate, any State monopolies of a commercial character, so as to ensure that, by 31 December 2001, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and the Palestinian people of the West Bank and Gaza Strip. The Joint Committee will be informed about the measures adopted to implement this objective.

Article 32

With regard to public enterprises and enterprises to which special or exclusive rights have been granted, the Joint Committee shall ensure that by 31 December 2001 there is neither enacted nor maintained any measure distorting trade between the Community and the Palestinian Authority contrary to the Parties’ interests. This provision should not obstruct the performance in law or in fact of the particular tasks assigned to those undertakings.

Article 33

1.  
The Parties shall grant and ensure adequate and effective protection of intellectual, industrial and commercial property rights in accordance with the highest international standards, including effective means of enforcing such rights.
2.  
The implementation of this Article shall be regularly reviewed by the Parties. If problems in the area of intellectual, industrial and commercial property affecting trading conditions occur, urgent consultations shall be undertaken within the framework of the Joint Committee, at the request of either Party, with a view to reaching mutually satisfactory solutions.

Article 34

1.  
The Parties agree on the objective of reciprocal and gradual liberalization of public procurement contracts.
2.  
The Joint Committee shall take the necessary measures to implement paragraph 1.

TITLE III

ECONOMIC COOPERATION AND SOCIAL DEVELOPMENT

Article 35

Objectives

1.  
The Parties undertake to intensify economic cooperation in their mutual interest and in accordance with the overall objectives of this Agreement.
2.  
The aim of cooperation shall be to support the Palestinian Authority’s own efforts to achieve sustainable economic and social development.

Article 36

Scope

1.  
Cooperation shall focus primarily on sectors suffering from internal difficulties or affected by the overall process of liberalization of the economy of the West Bank and the Gaza Strip, and in particular by the liberalization of trade between the West Bank and the Gaza Strip and the Community.
2.  
Similarly, cooperation shall focus on areas likely to bring the economies of the Community and the West Bank and Gaza Strip closer together, particularly those which will generate sustainable growth and employment.
3.  
Cooperation shall encourage the implementation of measures designed to develop intra-regional cooperation.
4.  
Conservation of the environment and ecological balance shall be taken into account in the implementation of the various sectors of economic cooperation to which it is relevant.
5.  
The Parties may agree to extend economic cooperation to other sectors not covered by the provisions of this Title.

Article 37

Methods and modalities

Economic cooperation shall be implemented in particular by:

(a) 

a regular economic dialogue between the Parties, which covers all areas of macro-economic policy and in particular budgetary policy, the balance of payments and monetary policy;

(b) 

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

(c) 

transfer of advice, expertise and training;

(d) 

implementation of joint actions such as seminars and workshops;

(e) 

technical, administrative and regulatory assistance;

(f) 

encouragement of joint ventures;

(g) 

dissemination of information on cooperation.

Article 38

Industrial cooperation

The main aim will be to:

— 
support the Palestinian Authority, in its efforts to modernize and diversify industry and, in particular, to create an environment favourable to private sector and industrial development,
— 
foster cooperation between the two Parties’ economic operators,
— 
foster cooperation regarding industrial policy, competitiveness in an open economy and the modernization and development of industry,
— 
support policies to diversify production and exports and external outlets,
— 
promote research and development, innovation and technology transfer as far as they benefit industry,
— 
develop and enhance the human resources required by industry,
— 
facilitate access to venture and risk financing facilities for the benefit of Palestinian industry.

Article 39

Investment promotion and investment

The objective of cooperation will be the creation of a favourable and stable environment for investment in the West Bank and Gaza Strip.

Cooperation will take the form of promotion of investment. This will entail the development of:

— 
harmonized and simplified administrative procedures,
— 
co-investment machinery, especially for small and medium-sized enterprises (SMEs) of both Parties,
— 
information channels and means of identifying investment opportunities,
— 
an environment conducive to investment in the West Bank and the Gaza Strip.

Cooperation may also extend to the conception and implementation of projects demonstrating the effective acquisition and use of basic technologies, the use of standards, the development of human resources (e.g. in technologies and management) and the creation of jobs.

Article 40

Standardization and conformity assessment

The objective of cooperation will be to narrow the gap in standards and certification.

In practical terms cooperation will take the form of:

— 
the promotion of the use of Community technical regulations and European standards and conformity assessment procedures,
— 
raising the level of conformity assessment by Palestinian certification and accreditation bodies,
— 
discussing mutual recognition arrangements, where appropriate,
— 
cooperating in the field of quality management,
— 
developing structures for the protection of intellectual, individual and commercial property, for standardization and for setting quality standards.

Article 41

Approximation of laws

The objective of cooperation will be to approximate Palestinian Council legislation to that of the Community, in the areas covered by the Agreement.

Article 42

Small and medium-sized enterprises

The objective of cooperation will be the creation of an environment propitious to the development of SMEs on local and export markets through, inter alia:

— 
promotion of contacts between enterprises, in particular through recourse to the Community’s networks and instruments for the promotion of industrial cooperation and partnership,
— 
easier access to investment finance,
— 
information and support services,
— 
enhancement of human resources with the aim of stimulating innovation and the setting-up of projects and business ventures.

Article 43

Financial services

The objective of cooperation will be the improvement and development of financial services.

It will take the form of:

— 
encouraging the strengthening and restructuring of the Palestinian financial sector,
— 
improving Palestinian accounting, supervisory and regulatory systems of banking, insurance and other parts of the financial sector.

Article 44

Agriculture and fisheries

The objective of cooperation under this heading will mainly be the modernization and restructuring, where necessary, of agriculture and fisheries.

This includes modernization of infrastructures and of equipment; the development of packaging, storage and marketing techniques; and the improvement of distribution channels.

It will be geared more especially to:

— 
the development of stable markets,
— 
support for policies to diversify production and exports and external outlets,
— 
reduction of food dependency,
— 
promotion of environment-friendly agriculture and fisheries, taking particular account of the need for conservation and rational management of fisheries,
— 
closer relations on a voluntary basis between business groups and organizations representing trades and professions,
— 
technical assistance and training,
— 
harmonization of phytosanitary and veterinary standards,
— 
integrated rural development including improvement of basic services and the development of associated economic activities, and
— 
cooperation among rural regions and exchange of experience and know-how concerning rural development.

Article 45

Social development

The Parties acknowledge the importance of social development which should go hand-in-hand with any economic development. They give particular priority to respect for basic social rights.

The Parties will give priority to measures aimed at:

— 
the promotion of the equality of women and a balanced participation in the decision-making process in the economic and social sphere, notably through education and the media,
— 
the development of family planning and the protection of mothers and children,
— 
improving the social protection system,
— 
improving the response to health requirements,
— 
improving the living conditions in densely populated areas in less-favoured regions,
— 
promoting respect for human rights and democracy, inter alia through socio-professional dialogue.

Article 46

Transport

The objectives of cooperation will be:

— 
aid for restructuring and modernizing roads, ports and airports,
— 
improved passenger and freight services both at bilateral and regional level, and
— 
the establishment and enforcement of operating standards comparable to those prevailing in the Community.

The priority areas of cooperation will be:

— 
road transport including a gradual easing of transit requirements,
— 
management of railways, ports and airports including navigation systems and cooperation between the relevant national bodies,
— 
modernization of road, rail, port and airport infrastructure on major routes of common interest,
— 
trans-European links and routes of regional interest, and
— 
upgrading of technical equipment to bring it up to Community standards for road/rail transport, container traffic and transhipment.

Article 47

Information infrastructure and telecommunications

Cooperation shall aim at stimulating economic and social development as well as developing an information society.

The priority areas of cooperation will be:

— 
to facilitate collaboration in the field of telecommunications policy, network development and infrastructures for an information society,
— 
to develop a dialogue on issues related to the information society and to promote the exchange of information and the organization of seminars and conferences in this area,
— 
to promote and implement joint projects aimed at the introduction of new telecommunications services and applications related to the information society,
— 
to allow for information exchange on standardization, conformance testing, and certification in information and communications technologies,
— 
interconnection and interoperability of networks and telematics services.

Article 48

Energy

The objective of cooperation on energy will be to help the West Bank and Gaza Strip acquire the technologies and infrastructures essential to its development, particularly with a view to facilitating links between its economy and that of the Community.

The priority areas of cooperation will be:

— 
the promotion of renewable energies,
— 
the promotion of energy-saving and energy efficiency,
— 
support to operations designed to facilitate the transit of gas, oil and electricity, and applied research into data bank networks in the economic and social sectors linking Community and Palestinian operators in particular, and
— 
support for the modernization and development of energy networks and for their link-up to Community networks.

Article 49

Scientific and technological cooperation

The Parties will endeavour to promote cooperation on scientific and technological development.

The aim of cooperation shall be to:

(a) 

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

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

improve Palestinian 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 50

Environment

The objectives of cooperation will be to prevent deterioration of the environment, to control pollution, to protect human health and to ensure the rational use of natural resources with a view to promoting sustainable development.

It will place priority on matters relating to: desertification, water resource management, salinization, the impact of agriculture on soil and water quality, the appropriate use of energy, the impact of industrial development in general and the safety of industrial plant in particular, waste management, the integrated management of sensitive areas, the quality of sea water and the control and prevention of marine pollution, and environmental education and awareness.

Cooperation shall be fostered by the use of advanced tools of environmental management, environmental monitoring methods, and surveillance, including the use of environmental information systems (EIS) and environmental impact assessment (EIA).

Article 51

Tourism

Priorities for cooperation shall be:

— 
promoting investments in tourism,
— 
improving the knowledge of the tourist industry and ensuring greater consistency of policies affecting tourism,
— 
promoting a good seasonal spread of tourism,
— 
promoting cooperation between regions and cities of neighbouring countries,
— 
highlighting the importance of the cultural heritage for tourism,
— 
making tourism more competitive through support for increased professionalism ensuring the balanced and sustainable development of tourism.

Article 52

Customs cooperation

Customs cooperation is intended to ensure that the provisions on trade are observed and to guarantee fair trading.

It could give rise to the following types of cooperation:

— 
various forms of exchange of information and training schemes,
— 
simplification of controls and procedures concerning the customs clearance of goods,
— 
introduction of the single administrative document and a system to link up the Community’s and the Palestinian Authority’s transit arrangements, and
— 
technical assistance provided by experts from the Community.

Without prejudice to other forms of cooperation provided for in this Agreement, the administrative authorities of the Parties will provide each other with mutual assistance on customs matters.

Article 53

Cooperation on statistics

The main objective of cooperation in this domain should aim to ensure the comparability and usefulness of statistics on foreign trade, finance and balance of payments, population, migration, transport and communications, and generally all the fields which are covered by this Agreement and lend themselves to the establishment of statistics.

Article 54

Cooperation on economic policy

Cooperation is aimed at:

— 
the exchange of information on the macro-economic situation and prospects and development strategies,
— 
joint analysis of economic issues of mutual interest, and
— 
the encouragement of cooperation between economists and policy makers in the West Bank and the Gaza Strip and in the Community.

Article 55

Regional cooperation

As part of the implementation of economic cooperation in the various spheres, the Parties will encourage operations designed to develop cooperation between the Palestinian Authority and other Mediterranean partners, through technical support.

This cooperation will be an important element of the Community’s support for the development of the region as a whole.

Priority will be given to operations aimed at:

— 
promoting intra-regional trade,
— 
developing regional cooperation on the environment,
— 
encouraging the development of the communications infrastructure required for the economic development of the region,
— 
strengthening the development of youth cooperation with neighbouring countries.

In addition the Parties will strengthen cooperation between them on regional development and land-use planning.

To this end the following measures may be taken:

— 
joint action by regional and local authorities in the area of economic development, and
— 
the establishment of mechanisms for the exchange of information and experience.

TITLE IV

COOPERATION ON AUDIOVISUAL AND CULTURAL MATTERS, INFORMATION AND COMMUNICATION

Article 56

The Parties shall promote cooperation in the audiovisual sector to their mutual benefit. The Parties shall seek ways of associating the Palestinian Authority with Community initiatives in this sector, thus enabling cooperation in areas such as co-production, training, development and distribution.

Article 57

The Parties shall promote cultural cooperation. The area of cooperation may include Community activities concerning, in particular, translation, exchange of works of art and artists, conservation and restoration of historic and cultural monuments and sites, training of persons working in the cultural field, the organization of European-oriented cultural events, raising mutual awareness and contributing to the dissemination of information on outstanding cultural events.

Article 58

The Parties will undertake to determine how to improve significantly the education and vocational training situation. To this end, the access of women to education, including technical courses, higher education and vocational training, will receive special attention.

In order to develop the level of expertise of senior staff in the public and private sectors, the Parties will step up their cooperation on education and vocational training and cooperation between universities and firms.

Preparing young people to become active citizens in democratic civil society should be actively promoted. Youth cooperation, including training of youth workers and youth leaders, youth exchanges and voluntary service activities, could therefore be supported and developed.

Special attention will be paid to operations and programmes which will enable permanent links (MED-CAMPUS, for instance) to be established between specialized bodies in the Community and in the West Bank and Gaza Strip, such as will encourage the pooling and exchange of experience and technical resources.

Article 59

The Parties shall promote activities of mutual interest in the field of information and communication.

Article 60

Cooperation shall be implemented in particular through:

(a) 

a regular dialogue between the Parties;

(b) 

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

(c) 

transfer of advice and experience and training of young Palestinian graduates;

(d) 

implementation of joint actions such as seminars and workshops;

(e) 

technical, administrative and regulatory assistance;

(f) 

the dissemination of information on cooperation activities.

TITLE V

FINANCIAL COOPERATION

Article 61

In order to achieve the objectives of this Agreement, a financial cooperation package shall be made available to the Palestinian Authority in accordance with the appropriate procedures and the financial resources required.

These procedures shall be agreed by both Parties using the most appropriate instruments after this Agreement has entered into force.

Financial cooperation shall focus on:

— 
responding to the economic repercussions for the West Bank and the Gaza Strip of the gradual introduction of a free trade area, notably by upgrading and restructuring industry,
— 
trade institutions which promote trading links with foreign markets,
— 
accompanying measures for policies implemented in the social sector,
— 
upgrading economic and social infrastructure,
— 
promoting private investment and job-creating activities in the productive sectors,
— 
promoting reforms designed to modernize the economy,
— 
services,
— 
urban and rural development,
— 
the environment,
— 
the setting-up and improvement of institutions necessary for the proper working of the Palestinian public administration and the advancement of democracy and human rights.

Article 62

In order to ensure that a coordinated approach is adopted to any exceptional macro-economic and financial problems that might arise as a result of the implementation of this Agreement, the Parties shall use the regular economic dialogue provided for in Title III to give particular attention to monitoring trade and financial flows in relations between them.

TITLE VI

INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Article 63

1.  
A Joint Committee for European Community- Palestinian Authority trade and cooperation, referred to in this Agreement as ‘the Joint Committee’, is hereby established. It shall have the power to take decisions in the cases provided for in the Agreement as well as in other cases necessary for the purpose of attaining the objectives set out in the Agreement.

The decisions taken shall be binding on the Parties, which shall take such measures as are required to implement them.

2.  
The Joint Committee may also formulate any resolutions, recommendations or opinions which it considers desirable for the attainment of the common objectives and the smooth functioning of the Agreement.
3.  
The Joint Committee shall adopt its own rules of procedure.

Article 64

1.  
The Joint Committee shall be composed of representatives of the Community and of the Palestinian Authority.
2.  
The Joint Committee shall act by mutual agreement between the Community and the Palestinian Authority.

Article 65

1.  
The office of Chairman of the Joint Committee shall be held alternately by the Community and the Palestinian Authority in accordance with the conditions laid down in the rules of procedure.
2.  
The Joint Committee shall meet once a year and when circumstances require, on the initiative of its Chairman.

Article 66

1.  
The Joint Committee may decide to set up any other committee that can assist it in carrying out its duties.
2.  
The Joint Committee shall determine the composition and duties of such committees and how they shall function.

Article 67

1.  
Either Party may refer to the Joint Committee any dispute relating to the application or interpretation of this Agreement.
2.  
The Joint Committee may settle the dispute by means of a decision.
3.  
Each Party shall be bound to take 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.

The Joint Committee shall appoint a third arbitrator.

The arbitrators’ decisions shall be taken by majority vote.

Each Party to the dispute must take the steps required to implement the decision of the arbitrator.

Article 68

Nothing in the Agreement shall prevent a Party from taking any measures:

(a) 

which it considers necessary to prevent the disclosure of information contrary to its essential security interests;

(b) 

which relate to the production of, or trade in, arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;

(c) 

which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war, or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.

Article 69

In the fields covered by this Agreement and without prejudice to any special provisions contained therein:

— 
the arrangements applied by the Palestinian Authority 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 Palestinian Authority shall not give rise to discrimination between members of the Palestinian population, companies or firms of the West Bank and Gaza Strip.

Article 70

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 Joint Committee with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.

In 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 Joint Committee and shall be the subject of consultations within the Joint Committee if the other Party so requests.

Article 71

Annexes 1 to 3 and Protocols 1 to 3 shall form an integral part of this Agreement.

Declarations shall appear in the Final Act, which shall form an integral part of this Agreement.

Article 72

For the purpose of this Agreement the term ‘Parties’ shall mean the PLO for the benefit of the Palestinian Authority and the Community, which shall each act in accordance with their respective powers.

Article 73

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the West Bank and the Gaza Strip.

Article 74

This Agreement, 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, shall be deposited with the General Secretariat of the Council of the European Union.

Article 75

1.  
This Agreement will be approved by the Parties in accordance with their own procedures.

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

2.  
No later than 4 May 1999 negotiations shall commence with a view to concluding a Euro- Mediterranean Association Agreement. Until such an Agreement is concluded, this Agreement shall remain in force, subject to any amendments agreed between the Parties.
3.  
Each of the Parties may denounce this Agreement by notifying the other Party. The Agreement shall cease to apply six months after the date of such notification.

Hecho en Bruselas, el veinticuatro de febrero de mil novecientos noventa y siete.

Udfærdiget i Bruxelles den fireogtyvende februar nitten hundrede og syv og halvfems.

Geschehen zu Brüssel am vierundzwanzigsten Februar neunzehnhundertsiebenundneunzig.

Έγινε στις Βρυξέλλες, στις είκοσι τέσσερις Φεβρουαρίου χίλια εννιακόσια ενενήντα επτά.

Done at Brussels on the twenty-fourth day of February in the year one thousand nine hundred and ninety-seven.

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

Fatto a Bruxelles, addì ventiquattro febbraio millenovecentonovantasette.

Gedaan te Brussel, de vierentwintigste februari negentienhonderd zevenennegentig.

Feito em Bruxelas, em vinte e quatro de Fevereiro de mil novecentos e noventa e sete.

Tehty Brysselissä kahdentenakymmenentenäneljäntenä päivänä helmikuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäseitsemän.

Som skedde i Bryssel den tjugofjärde februari nittonhundranittiosju.

image

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

signatory

signatory

signatory

List of Annexes

Annex 1:

Products referred to in Article 7 (1)

Annex 2:

Products referred to in Article 7 (2)

Annex 3:

Products referred to in Article 8 (2)

ANNEX 1

PRODUCTS REFERRED TO IN ARTICLE 7(1)



CN code

Description

0403

0403 10 51 to 0403 10 99

0403 90 71 to 0403 90 99

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:

Yoghurt, flavoured or containing added fruit, nuts or cocoa

Other, flavoured or containing added fruit, nuts or cocoa

0710 40 00

0711 90 30

Sweetcorn (uncooked or cooked by steaming or boiling in water), frozen

Sweetcorn provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solution), but unsuitable in that state for immediate consumption

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 No 1516 :

1517 10 10

1517 90 10

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

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

ex  17 04

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

1806

Chocolate and other food preparation containing cocoa

ex  19 01

Malt extract; food preparation 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 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, excluding preparations falling within CN code 1901 90 91

ex  19 02

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

1903

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 cornflakes); cereals other than maize (corn), in grain form, pre-cooked or otherwise prepared

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

2001 90 30

Sweetcorn (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 % or more by weight 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

Sweetcorn (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

Sweetcorn ( Zea mays var. saccharata ), prepared or preserved otherwise than by vinegar or acetic acid, not frozen

2008 92 45

Preparations of the Müsli type based on unroasted cereal flakes

2008 99 85

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

2008 99 91

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

2101 10 98

Preparations with a basis of coffee

2101 20 98

Preparations with a basis of tea or maté

2101 30 19

Roasted coffee substitutes excluding roasted chicory

2101 30 99

Extracts, essences and concentrates of roasted coffee substitutes excluding those of roasted chicory

2102 10 31 to 2102 10 39

Bakers’ yeasts

ex  21 03

Sauces and preparations therefor: — Mayonnaise

2105

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

ex  21 06

Food preparations not elsewhere specified or included other than those falling within CN codes 2106 10 20 and 2106 90 92 and other than flavoured or coloured sugar syrups

22 029 091

22 029 095

22 029 099

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

2905 43 00

Mannitol

2905 44

D-Glucitol (sorbitol)

ex 3505 10

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

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

ANNEX 2

PRODUCTS REFERRED TO IN ARTICLE 7 (2)



CN code

Description

1902

A

В

1905 10

1905 20 90

А

В

Pasta and couscous:

— of durum wheat

— other

Crisp bread

Gingerbread and the like, not especially for diabetics:

— containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content

— other

ex  30 00 А

A1

A1a

A1b

A2

A2a

A2b

Waffles and wafers

— not filled, whether or not coated

— containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content

— other

— other

— containing not less than 1,5 % milk fats or not less than 2,5 % of milk proteins

— other

1905 40 10

A

В

Rusk, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit, cocoa or similar:

— containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content

— other

1905

ex  30 00 ) В + 9019 )

B1

В2

В2а

B2b

ВЗ

Other bakers’ wares, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit, cocoa or similar:

— containing added eggs, not less than 2,5 % by weight

— containing added dried fruits or nuts:

— containing not less than 1,5 % milk fats and not less than 2,5 % milk proteins; see Annex V

— other

— containing less than 10 % by weight of added sugar and not containing added eggs, dried fruits or nuts

ANNEX 3

PRODUCTS REFERRED TO IN ARTICLE 8 (2)



CN code

Description

1704 90 39/05

1806 32 00/2

1905 90 90/7

2005 20 90/6

6208 51 00/2

6302 60 00

Candies and lollipops

Chocolate

Biscuits and wafers

Chips and snacks

Terry bath robes

Towels

List of Protocols

Protocol 1  concerning the provisional arrangements applicable to imports into the European Union of agricultural products, processed agricultural products and fish and fishery products originating in the West Bank and the Gaza Strip

Protocol 2  on the arrangements applying to imports into the West Bank and the Gaza Strip of agricultural products, processed agricultural products and fish and fishery products originating in the European Union

Protocol 3  concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

▼M3

PROTOCOL 1

concerning the provisional arrangements applicable to imports into the European Union of agricultural products, processed agricultural products and fish and fishery products originating in the West Bank and the Gaza Strip



1. Customs duties and charges having equivalent effect (including their agricultural component), which are applicable on the import into the European Union of products originating in the West Bank and the Gaza Strip and listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT, with exception of chemically pure lactose of CN code 1702 11 00 and of glucose and glucose syrup, containing in the dry state, 99 % or more by weight of glucose of CN codes ex 1702 30 50 and ex 1702 30 90 covered by Chapter 1, shall be temporarily eliminated in accordance with the provisions of point C.1(a) of the Agreement in the form of Exchange of Letters between the European Union and the Palestinian Authority providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending this Agreement, signed in 2011.

2. Notwithstanding the conditions under point 1 of this Protocol, for the products to which an entry price applies in accordance with Article 140a of Council Regulation (EC) No 1234/2007 ( 1 ), and for which the Common Customs Tariff provides for the application of ad valorem customs duties and a specific customs duty, the elimination applies only to the ad valorem part of the duty.

▼M1

ANNEX TO PROTOCOL 1



CN Code (1)

Description (2)

Reduction of the MFN customs duty

(%) (3)

Tariff quota

(t, unless otherwise indicated)

Reduction of the MFN customs duty beyond current or possible tariff quota

(%) (3)

Reference quantity

(t, unless otherwise indicated)

Specific provisions

a

b

c

d

e

0409 00 00

Natural honey

100

500

0

 

point 4 — yearly increase of 250 t

ex 0603 10

Cut flowers and flower buds, fresh

100

2 000

0

 

point 4 — yearly increase of 250 t

0702 00 00

Tomatoes, fresh or chilled, from 1 December to 31 March

100

 

60

2 000

 

ex 0703 10

Onions, fresh or chilled, from 15 February to 15 May

100

 

60

 

 

0709 30 00

Aubergines (eggplants), fresh or chilled, from 15 January to 30 April

100

 

60

3 000

 

ex 0709 60

Fruits of the genus Capsicum or of the genus Pimenta, fresh or chilled:

 

 

 

 

 

0709 60 10

Sweet peppers

100

 

40

1 000

 

0709 60 99

Other

100

 

80

 

 

0709 90 70

Courgettes, fresh or chilled, from 1 December to end of February

100

 

60

300

 

ex 0709 90 90

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

100

 

60

 

 

0710 80 59

Fruits of the genus Capsicum or Pimenta, other than sweet peppers, uncooked or cooked by steaming or boiling in water, frozen

100

 

80

 

 

0711 90 10

Fruits of the genus Capsicum or Pimenta, other than sweet peppers, provisionally preserved but unsuitable in that state for immediate consumption

100

 

80

 

 

0712 31 00

0712 32 00

0712 33 00

0712 39 00

Mushrooms, wood ears (Auricularia spp.), jelly fungi (Tremella spp.) and truffles, dried

100

500

0

 

 

ex 0805 10

Oranges, fresh

100

 

60

25 000

 

ex 0805 20

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

100

 

60

500

 

0805 40 00

Grapefruit

100

 

80

 

 

ex 0805 50 10

Lemons (Citrus limon, Citrus limonum), fresh

100

 

40

800

 

0806 10 10

Fresh table grapes, from 1 February to 14 July

100

1 000

0

 

point 4 — yearly increase of 500 t

0807 19 00

Melons (excluding watermelons), fresh, from 1 November to 31 May

100

 

50

10 000

 

0810 10 00

Fresh strawberries, from 1 November to 31 March

100

2 000

0

 

point 4 — yearly increase of 500 t

0812 90 20

Oranges, provisionally preserved, but unsuitable in that state for immediate consumption

100

 

80

 

 

0904 20 30

Fruits of the genus Capscium or of the genus Pimenta, other than sweet peppers, dried, neither crushed or ground

100

 

80

 

 

1509 10

Virgin olive oil

100

2 000

0

 

point 4 — yearly increase of 500 t

2001 90 20

Fruits of the genus Capsicum, other than sweet peppers or pimentos, prepared or preserved by vinegar or acetic acid

100

 

80

 

 

2005 90 10

Fruits of the genus Capsicum, other than sweet peppers or pimentos, prepared or preserved otherwise than by vinegar or acetic acid, not frozen

100

 

80

 

 

(1)   

CN codes corresponding to Regulation (EC) No 1789/2003 (OJ L 281, 30.10.2003, p. 1).

(2)   

Without prejudice to the rules for the interpretation of the combined nomenclature, the description of the products is deemed to be indicative only, the preferential scheme being determined, for the purposes of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

(3)   

Duty reduction applies only to ad valorem customs duties. However, for the product corresponding to the subheading 1509 10 , the duty reduction applies to the specific duty.

▼M3

PROTOCOL 2

on the arrangements applying to imports into the West Bank and the Gaza Strip of agricultural products, processed agricultural products and fish and fishery products originating in the European Union



1. The products listed in the Annexes originating in the European Union shall be admitted for importation into the West Bank and the Gaza Strip according to the conditions contained herein and in the Annexes.

2. Import duties on imports are either eliminated or reduced to the level indicated in column ‘a’, within the limit of the annual tariff quota listed in column ‘b’, and subject to the specific provisions indicated in column ‘c’.

3. For the quantities imported in excess of the tariff quotas, the general customs duties applied to third countries shall apply, subject to the specific provisions indicated in column ‘c’.

4. For the first year of application, the volumes of the tariff quotas and the reference quantities shall be calculated as a pro rata of the basic volumes, taking into account the period elapsed before the date of entry into force of this Protocol.

ANNEX 1 TO PROTOCOL 2



CN Code

Description

Duty (%)

Tariff quota

(t, unless otherwise indicated)

Specific provisions

 

 

a

b

c

0102 90 71

Live bovine animals, of a weight exceeding 300 kg, for slaughter, ther than heifers and cows

0

300

 

0202 30 90

Meat of bovine animals, boneless excluding fore-quarters, ‘compensated’ quarters, crop, chuck and blade and brisket cuts, frozen

0

200

 

0206 22 00

Edible livers of bovine animals frozen

0

100

 

0406

Cheese and curd

0

200

 

0407 00 19

Poultry eggs for hatching, other than those of turkeys or geese

0

120 000 pieces

 

1101 00 15

Flour of common wheat and spelt

0

13 000

 

2309 90 99

Other preparations of a kind used in animal feeding

2

100

 

ANNEX 2 TO PROTOCOL 2



PRODUCTS REFERRED TO IN ARTICLE 7(2) OF THE EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT

CN code

Description

1902

Pasta and couscous:

A

—  of durum wheat,

B

—  other,

1905 10

Crisp bread

1905 20 90

Gingerbread and the like, not especially for diabetics:

A

—  containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content,

B

—  other,

ex 1905 32  A

Waffles and wafers

Al

—  not filled, whether or not coated,

Ala

—  containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content,

Alb

—  other,

A2

—  other,

A2a

—  containing not less than 1,5 % milk fats or not less than 2,5 % of milk proteins,

A2b

—  other,

1905 40 10

Rusk, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit, cocoa or similar:

A

—  containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content,

B

—  other,

1905

ex 31) B + ex 90)

Other bakers’ wares, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit, cocoa or similar:

Bl

—  containing added eggs, not less than 2,5 % by weight,

B2

—  containing added dried fruits or nuts:

B2a

—  containing not less than 1,5 % milk fats and not less than 2,5 % milk proteins; see Annex V,

B2b

—  other,

ВЗ

—  containing less than 10 % by weight of added sugar and not containing added eggs, dried fruits or nuts,

▼M6

PROTOCOL 3

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



Article 1

Applicable rules of origin

1.  
For the purpose of implementing the Agreement, Appendix I and the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin ( 2 ) ('the Convention'), as last amended and published in the Official Journal of the European Union, shall apply.
2.  
All references to the 'relevant agreement' in Appendix I and in the relevant provisions of Appendix II to the Convention shall be construed so as to mean the Agreement.

Article 2

Alternative applicable rules of origin

1.  
Notwithstanding Article 1 of this Protocol, for the purpose of implementing the Agreement, products which acquire preferential origin in accordance with the alternative applicable rules of origin set out in Appendix A to this Protocol ('Transitional rules') shall also be considered as originating in the European Union or in the West Bank and the Gaza Strip.
2.  
The Transitional rules shall apply until the amendment of the Convention on which the Transitional rules are based enters into force.

Article 3

Dispute settlement

1.  
Where disputes arise in relation to the verification procedures set out in Article 32 of Appendix I to the Convention or in Article 34 of Appendix A to this Protocol that cannot be settled between the customs authorities requesting the verification and the customs authorities responsible for carrying out that verification, they shall be submitted to the Joint Committee.
2.  
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 4

Amendments to the Protocol

The Joint Committee may decide to amend the provisions of this Protocol.

Article 5

Withdrawal from the Convention

1.  
Should either the European Union or the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip give notice in writing to the depositary of the Convention of their intention to withdraw from the Convention according to Article 9 thereof, the European Union and the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip shall immediately enter into negotiations on rules of origin for the purpose of implementing the Agreement.
2.  
Until the entry into force of such newly negotiated rules of origin, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention, applicable at the moment of withdrawal, shall continue to apply to the Agreement. However, from the moment of withdrawal, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention shall be construed so as to allow bilateral cumulation only between the European Union and the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip.

APPENDIX A

ALTERNATIVE APPLICABLE RULES OF ORIGIN

Rules for optional application among Contracting Parties to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, pending the conclusion and entry into force of the amendment of the Convention

('the Rules' or 'the Transitional rules')

DEFINITION OF THE CONCEPT OF 'ORIGINATING PRODUCTS' AND METHODS OF ADMINISTRATIVE COOPERATION

TABLE OF CONTENTS

OBJECTIVES

TITLE I

GENERAL PROVISIONS

Article 1

Definitions

TITLE II

DEFINITION OF THE CONCEPT OF 'ORIGINATING PRODUCTS'

Article 2

General requirements

Article 3

Wholly obtained products

Article 4

Sufficient working or processing

Article 5

Tolerance rule

Article 6

Insufficient working or processing

Article 7

Cumulation of origin

Article 8

Conditions for the application of cumulation of origin

Article 9

Unit of qualification

Article 10

Sets

Article 11

Neutral elements

Article 12

Accounting segregation

TITLE III

TERRITORIAL REQUIREMENTS

Article 13

Principle of territoriality

Article 14

Non-alteration

Article 15

Exhibitions

TITLE IV

DRAWBACK OR EXEMPTION

Article 16

Drawback of or exemption from customs duties

TITLE V

PROOF OF ORIGIN

Article 17

General requirements

Article 18

Conditions for making out an origin declaration

Article 19

Approved exporter

Article 20

Procedure for issue of a movement certificate EUR.1

Article 21

Movement certificates EUR.1 issued retrospectively

Article 22

Issue of a duplicate movement certificate EUR.1

Article 23

Validity of proof of origin

Article 24

Free zones

Article 25

Importation requirements

Article 26

Importation by instalments

Article 27

Exemption from proof of origin

Article 28

Discrepancies and formal errors

Article 29

Supplier's declarations

Article 30

Amounts expressed in euro

TITLE VI

PRINCIPLES OF COOPERATION AND DOCUMENTARY EVIDENCE

Article 31

Documentary evidence, preservation of proofs of origin and supporting documents

Article 32

Dispute settlement

TITLE VII

ADMINISTRATIVE COOPERATION

Article 33

Notification and cooperation

Article 34

Verification of proofs of origin

Article 35

Verification of supplier's declarations

Article 36

Penalties

TITLE VIII

APPLICATION OF APPENDIX A

Article 37

European Economic Area

Article 38

Liechtenstein

Article 39

Republic of San Marino

Article 40

Principality of Andorra

Article 41

Ceuta and Melilla

List of Annexes

ANNEX I:

Introductory notes to the list in Annex II

ANNEX II:

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

ANNEX III:

Text of the origin declaration

ANNEX IV:

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

ANNEX V:

Special conditions concerning products originating in Ceuta and Melilla

ANNEX VI:

Supplier's declaration

ANNEX VII:

Long-term supplier's declaration

OBJECTIVES

These Rules are optional. They are intended to apply on a provisional basis, pending the conclusion and entry into force of the amendment of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin ('PEM Convention' or 'Convention'). These Rules will apply bilaterally to trade between those Contracting Parties that agree to refer to them or include them in their bilateral preferential trade agreements. These Rules are intended to apply as an alternative to the rules of the Convention, which, as provided by the Convention, are without prejudice to the principles laid down in the relevant agreements and other related bilateral agreements among Contracting Parties. Accordingly, these Rules will not be mandatory, but optional. They may be applied by economic operators that desire to claim preferences based on these Rules instead of on the basis of the rules of the Convention.

These Rules are not intended to modify the Convention. The Convention continues to apply in full between the Contracting Parties to the Convention. These Rules will not alter the rights and obligations of the Contracting Parties under the Convention.

TITLE I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of these Rules:

(a) 

'applying Contracting Party' means a Contracting Party to the PEM Convention that incorporates these Rules in its bilateral preferential trade agreements with another Contracting Party to the PEM Convention and includes the Parties to the Agreement;

(b) 

'chapters', 'headings' and 'subheadings' mean the chapters, the headings and the subheadings (four- or six-digit codes) used in the nomenclature which makes up the Harmonized Commodity Description and Coding System ('Harmonised System') with the changes pursuant to the Recommendation of 26 June 2004 of the Customs Cooperation Council;

(c) 

'classified' means the classification of a good under a particular heading or subheading of the Harmonised System;

(d) 

'consignment' means products which are either:

(i) 

sent simultaneously from one exporter to one consignee; or

(ii) 

covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice;

(e) 

'customs authorities of the Party or applying Contracting Party' for the European Union means any of the customs authorities of the Member States of the European Union;

(f) 

'customs value' means the value as determined in accordance with the Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (WTO Agreement on Customs Valuation);

(g) 

'ex-works price' means the price paid for the product ex works to the manufacturer in the Party in whose undertaking the last working or processing is carried out, provided that the price includes the value of all the materials used and all other costs related to its production, minus any internal taxes which are, or may be, repaid when the product obtained is exported. Where the last working or processing has been subcontracted to a manufacturer, the term 'manufacturer' refers to the enterprise that has employed the subcontractor.

Where the actual price paid does not reflect all costs related to the manufacturing of the product which are actually incurred in the Party, the ex-works price means the sum of all those costs, minus any internal taxes which are, or may be, repaid when the product obtained is exported;

(h) 

'fungible material' or 'fungible product' means material or product that is of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished from one another;

(i) 

'goods' means both material and product;

(j) 

'manufacture' means any kind of working or processing, including assembly;

(k) 

'material' means any ingredient, raw material, component or part, etc., used in the manufacture of the product;

(l) 

'maximum content of non-originating materials' means the maximum content of non-originating materials which is permitted in order to consider a manufacture to be working or processing sufficient to confer originating status on the product. It may be expressed as a percentage of the ex-works price of the product or as a percentage of the net weight of these materials used falling under a specified group of chapters, chapter, heading or subheading;

(m) 

'product' means the product being manufactured, even if it is intended for later use in another manufacturing operation;

(n) 

'territory' includes the land territory, internal waters and the territorial sea of a Party;

(o) 

'value added' shall be taken to be the ex-works price of the product minus the customs value of each of the materials incorporated which originate in the other applying Contracting Parties with which cumulation is applicable or, where the customs value is not known or cannot be ascertained, the first ascertainable price paid for the materials in the exporting Party;

(p) 

'value of materials' means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the exporting Party. Where the value of the originating materials used needs to be established, this point shall be applied mutatis mutandis.

TITLE II

DEFINITION OF THE CONCEPT OF 'ORIGINATING PRODUCTS'

Article 2

General requirements

For the purpose of implementing the Agreement, the following products shall be considered as originating in a Party when exported to the other Party:

(a) 

products wholly obtained in a Party, within the meaning of Article 3;

(b) 

products obtained in a Party incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in that Party within the meaning of Article 4.

Article 3

Wholly obtained products

1.  

The following shall be considered as wholly obtained in a Party when exported to the other Party:

(a) 

mineral products and natural water extracted from its soil or from its seabed;

(b) 

plants, including aquatic plants, and vegetable products grown or harvested there;

(c) 

live animals born and raised there;

(d) 

products from live animals raised there;

(e) 

products from slaughtered animals born and raised there;

(f) 

products obtained by hunting or fishing conducted there;

(g) 

products of aquaculture where the fish, crustaceans, molluscs and other aquatic invertebrates are born or raised there from eggs, larvae, fry or fingerlings;

(h) 

products of sea fishing and other products taken from the sea outside any territorial sea by its vessels;

(i) 

products made on board its factory ships exclusively from products referred to in point (h);

(j) 

used articles collected there fit only for the recovery of raw materials;

(k) 

waste and scrap resulting from manufacturing operations conducted there;

(l) 

products extracted from the seabed or below the seabed which is situated outside its territorial sea but where it has exclusive exploitation rights;

(m) 

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

2.  

The terms 'its vessels' and 'its factory ships' in points (h) and (i) of paragraph 1 respectively shall apply only to vessels and factory ships which meet each of the following requirements:

(a) 

they are registered in the exporting or the importing Party;

(b) 

they sail under the flag of the exporting or the importing Party;

(c) 

they meet one of the following conditions:

(i) 

they are at least 50 % owned by nationals of the exporting or the importing Party; or

(ii) 

they are owned by companies which:

— 
have their head office and their main place of business in the exporting or the importing Party; and
— 
are at least 50 % owned by the exporting or the importing Party or public entities or nationals of these Parties.
3.  
For the purpose of paragraph 2, when the exporting or the importing Party is the European Union, it means the Member States of the European Union.
4.  
For the purpose of paragraph 2, the EFTA States are to be considered as one applying Contracting Party.

Article 4

Sufficient working or processing

1.  
Without prejudice to paragraph 3 of this Article and to Article 6, products which are not wholly obtained in a Party shall be considered to be sufficiently worked or processed when the conditions laid down in the list in Annex II for the goods concerned are fulfilled.
2.  
If a product which has obtained originating status in a Party in accordance with paragraph 1 is used as a material in the manufacture of another product, no account shall be taken of the non-originating materials which may have been used in its manufacture.
3.  
The determination of whether the requirements of paragraph 1 are met, shall be carried out for each product.

However, where the relevant rule is based on compliance with a maximum content of non-originating materials, the customs authorities of the Parties may authorise exporters to calculate the ex-works price of the product and the value of the non-originating materials on an average basis as set out in paragraph 4, in order to take into account the fluctuations in costs and currency rates.

4.  
Where the second subparagraph of paragraph 3 applies, an average ex-works price of the product and average value of non-originating materials used shall be calculated respectively on the basis of the sum of the ex-works prices charged for all sales of the same products carried out during the preceding fiscal year and the sum of the value of all the non-originating materials used in the manufacture of the same products over the preceding fiscal year as defined in the exporting Party, or, where figures for a complete fiscal year are not available, a shorter period which should not be less than three months.
5.  
Exporters having opted for calculation on an average basis shall consistently apply such a method during the year following the fiscal year of reference, or, where appropriate, during the year following the shorter period used as a reference. They may cease to apply such a method where during a given fiscal year, or a shorter representative period of no less than three months, they record that the fluctuations in costs or currency rates which justified the use of such a method have ceased.
6.  
The averages referred to in paragraph 4 shall be used as the ex-works price and the value of non-originating materials, respectively, for the purpose of establishing compliance with the maximum content of non-originating materials.

Article 5

Tolerance rule

1.  

By way of derogation from Article 4 and subject to paragraphs 2 and 3 of this Article, non-originating materials which, according to the conditions set out in the list in Annex II, are not to be used in the manufacture of a given product may nevertheless be used, provided that their total net weight or value assessed for the product does not exceed:

(a) 

15 % of the net weight of the product falling within Chapters 2 and 4 to 24, other than processed fishery products of Chapter 16;

(b) 

15 % of the ex-works price of the product for products other than those covered by point (a).

This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonised System, for which the tolerances mentioned in Notes 6 and 7 of Annex I shall apply.

2.  
Paragraph 1 of this Article shall not allow to exceed any of the percentages for the maximum content of non-originating materials as specified in the rules laid down in the list in Annex II.
3.  
Paragraphs 1 and 2 of this Article shall not apply to products wholly obtained in a Party within the meaning of Article 3. However, without prejudice to Article 6 and Article 9(1), the tolerance provided for in those provisions shall nevertheless apply to product for which the rule laid down in the list in Annex II requires that the materials which are used in the manufacture of that product are wholly obtained.

Article 6

Insufficient working or processing

1.  

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

(a) 

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

(b) 

breaking-up and assembly of packages;

(c) 

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

(d) 

ironing or pressing of textiles;

(e) 

simple painting and polishing operations;

(f) 

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

(g) 

operations to colour or flavour sugar or form sugar lumps; partial or total milling of crystal sugar;

(h) 

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

(i) 

sharpening, simple grinding or simple cutting;

(j) 

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

(k) 

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

(l) 

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

(m) 

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

(n) 

mixing of sugar with any material;

(o) 

simple addition of water or dilution or dehydratation or denaturation of products;

(p) 

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

(q) 

slaughter of animals;

(r) 

a combination of two or more operations specified in points (a) to (q).

2.  
All the operations carried out in the exporting Party on a given product shall be taken into account when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.

Article 7

Cumulation of origin

1.  
Without prejudice to Article 2, products shall be considered as originating in the exporting Party when exported to the other Party if they are obtained there, incorporating materials originating in any applying Contracting Party other than the exporting Party provided that the working or processing carried out in the exporting Party goes beyond the operations referred to in Article 6. It shall not be necessary for such materials to have undergone sufficient working or processing.
2.  
Where the working or processing carried out in the exporting Party does not go beyond the operations referred to in Article 6, the product obtained by incorporating materials originating in any other applying Contracting Party, shall be considered as originating in the exporting Party only where the value added there is greater than the value of the materials used originating in any of the other applying Contracting Parties. If this is not so, the product obtained shall be considered as originating in the applying Contracting Party which accounts for the highest value of originating materials used in the manufacture in the exporting Party.
3.  
Without prejudice to Article 2, and with the exclusion of products falling within Chapters 50 to 63, working or processing carried out in an applying Contracting Party other than the exporting Party shall be considered as having been carried out in the exporting Party when the products obtained undergo subsequent working or processing in this exporting Party.
4.  
Without prejudice to Article 2, for products falling within Chapters 50 to 63 and only for the purpose of bilateral trade between the Parties, working or processing carried out in the importing Party shall be considered as having been carried out in the exporting Party when the products undergo subsequent working or processing in this exporting Party.

For the purpose of this paragraph, the participants in the European Union's Stabilisation and Association process and the Republic of Moldova are to be considered as one applying Contracting Party.

5.  
The Parties may opt to extend the application of paragraph 3 of this Article on importation of products falling within Chapters 50 to 63 unilaterally. A Party that opts for such extension shall notify the other Party and inform the European Commission in accordance with Article 8(2).
6.  
For the purpose of cumulation within the meaning of paragraphs 3 to 5 of this Article, the originating products shall be considered as originating in the exporting Party only if the working or processing undergone there goes beyond the operations referred to in Article 6.
7.  
Products originating in the applying Contracting Parties referred to in paragraph 1 which do not undergo any working or processing in the exporting Party shall retain their origin if exported into one of the other applying Contracting Parties.

Article 8

Conditions for the application of cumulation of origin

1.  

The cumulation provided for in Article 7 may be applied only provided that:

(a) 

a preferential trade agreement in accordance with Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT) is applicable between the applying Contracting Parties involved in the acquisition of the originating status and the applying Contracting Party of destination; and

(b) 

goods have obtained originating status by the application of rules of origin identical to those given in these Rules.

2.  
Notices indicating the fulfilment of the necessary requirements to apply cumulation shall be published in the Official Journal of the European Union (C series) and in an official publication in the West Bank and the Gaza Strip, in accordance with their own procedures.

The cumulation provided for in Article 7 shall apply from the date indicated in those notices.

The Parties shall provide the European Commission with details of the relevant agreements concluded with other applying Contracting Parties, including the dates of entry into force of these Rules.

3.  
The proof of origin should include the statement in English 'CUMULATION APPLIED WITH (name of the relevant applying Contracting Party/Parties in English)' when products obtained the originating status by application of cumulation of origin in accordance with Article 7.

In cases where a movement certificate EUR.1 is used as a proof of origin, that statement shall be made in Box 7 of the movement certificate EUR.1.

4.  
The Parties may decide, for the products exported to them that obtained the originating status in the exporting Party by application of cumulation of origin in accordance with Article 7, to waive the obligation of including on the proof of origin the statement referred to in paragraph 3 of this Article ( 3 ).

The Parties shall notify the waiver to the European Commission in accordance with Article 8(2).

Article 9

Unit of qualification

1.  

The unit of qualification for the application of these Rules shall be the particular product which is considered to be the basic unit when determining classification using the nomenclature of the Harmonised System. It follows that:

(a) 

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

(b) 

when a consignment consists of a number of identical products classified under the same heading of the Harmonised System, each individual item shall be taken into account when applying these Rules.

2.  
Where under General Rule 5 of the Harmonised System packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.
3.  
Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle which are part of the normal equipment and included in the ex-works price thereof shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

Article 10

Sets

Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all the component products are originating.

When a set is composed of originating and non-originating products, the set as a whole shall however be regarded as originating, provided that the value of the non-originating products does not exceed 15 % of the ex-works price of the set.

Article 11

Neutral elements

In order to determine whether a product is an originating product, no account shall be taken of the origin of the following which might be used in its manufacture:

(a) 

energy and fuel;

(b) 

plant and equipment;

(c) 

machines and tools;

(d) 

any other goods which do not enter, and which are not intended to enter, into the final composition of the product.

Article 12

Accounting segregation

1.  
If originating and non-originating fungible materials are used in the working or processing of a product, economic operators may ensure the management of materials using the accounting segregation method, without keeping the materials on separate stocks.
2.  
Economic operators may ensure the management of originating and non-originating fungible products of heading 1701 using the accounting segregation method, without keeping the products on separate stocks.
3.  
The Parties may require that the application of accounting segregation is subject to prior authorisation by the Customs authorities. The Customs authorities may grant the authorisation subject to any conditions they deem appropriate and shall monitor the use made of the authorisation. The Customs authorities may withdraw the authorisation whenever the beneficiary makes improper use of the authorisation in any manner whatsoever or fails to fulfil any of the other conditions laid down in these Rules.

Through the use of accounting segregation it must be ensured that, at any time, no more products can be considered as 'originating in the exporting Party' than would have been the case if a method of physical segregation of the stocks had been used.

The method shall be applied and the application thereof shall be recorded on the basis of the general accounting principles applicable in the exporting Party.

4.  
The beneficiary of the method referred to in paragraphs 1 and 2 shall make out or apply for proofs of origin for the quantity of products which may be considered as originating in the exporting Party. At the request of the customs authorities, the beneficiary shall provide a statement of how the quantities have been managed.

TITLE III

TERRITORIAL REQUIREMENTS

Article 13

Principle of territoriality

1.  
The conditions set out in Title II shall be fulfilled without any interruption in the Party concerned.
2.  

If originating products exported from a Party to another country are returned, they shall be considered to be non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

(a) 

the products returned are the same as those which were exported; and

(b) 

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

3.  

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

(a) 

those materials are wholly obtained in the exporting Party or have undergone working or processing beyond the operations referred to in Article 6 prior to being exported; and

(b) 

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

(i) 

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

(ii) 

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

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

Article 14

Non-alteration

1.  
The preferential treatment provided for under the Agreement shall apply only to products satisfying the requirements of these Rules and declared for importation in a Party provided that those products are the same as those exported from the exporting Party. They shall not have been altered, transformed in any way or subjected to operations other than to preserve them in good condition or than adding or affixing marks, labels, seals or any documentation to ensure compliance with specific domestic requirements of the importing Party carried out under customs supervision in the third country(ies) of transit or splitting prior to being declared for home use.
2.  
Storage of products or consignments may take place provided they remain under customs supervision in the third country(ies) of transit.
3.  
Without prejudice to Title V of this Appendix, the splitting of consignments may take place, provided they remain under customs supervision in the third country(ies) of splitting.
4.  

In the case of doubt, the importing Party may request the importer or its representative to submit at any time all appropriate documents to provide evidence of compliance with this Article, which may be given by any documentary evidence, and notably by:

(a) 

contractual transport documents such as bills of lading;

(b) 

factual or concrete evidence based on marking or numbering of packages;

(c) 

a certificate of non-manipulation provided by the customs authorities of the country(ies) of transit or splitting or any other documents demonstrating that the goods remained under customs supervision in the country(ies) of transit or splitting; or

(d) 

any evidence related to the goods themselves.

Article 15

Exhibitions

1.  

Originating products, sent for exhibition in a country other than with which cumulation is applicable in accordance with Articles 7 and 8 and sold after the exhibition for importation in a Party, shall benefit on importation from the relevant agreement provided it is shown to the satisfaction of the customs authorities that:

(a) 

an exporter has consigned the products from a Party to the country in which the exhibition is held and has exhibited them there;

(b) 

the products have been sold or otherwise disposed of by that exporter to a person in another Party;

(c) 

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

(d) 

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

2.  
A proof of origin shall be issued or made out in accordance with Title V of this Appendix and submitted to the customs authorities of the importing Party in the normal manner. The name and address of the exhibition shall be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required.
3.  
Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.

TITLE IV

DRAWBACK OR EXEMPTION

Article 16

Drawback of or exemption from customs duties

1.  
Non-originating materials used in the manufacture of products falling within Chapters 50 to 63 of the Harmonised System originating in a Party for which a proof of origin is issued or made out in accordance with Title V of this Appendix shall not be subject in the exporting Party to drawback of or exemption from customs duties of whatever kind.
2.  
The prohibition in paragraph 1 shall apply to any arrangement for refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect, applicable in the exporting Party to materials used in the manufacture, where such refund, remission or non-payment applies, expressly or in effect, when products obtained from the said materials are exported and not when they are retained for home use there.
3.  
The exporter of products covered by a proof of origin shall be prepared to submit at any time, upon request from the customs authorities, all appropriate documents proving that no drawback has been obtained in respect of the non-originating materials used in the manufacture of the products concerned and that all customs duties or charges having equivalent effect applicable to such materials have actually been paid.
4.  
The prohibition in paragraph 1 of this Article shall not apply to trade between the Parties for products that obtained originating status by application of cumulation of origin covered by Article 7(4) or (5).
5.  
The prohibition in paragraph 1 of this Article shall not apply in bilateral trade between the Parties without application of cumulation with materials originating in any other applying Contracting Party.

TITLE V

PROOF OF ORIGIN

Article 17

General requirements

1.  

Products originating in one of the Parties shall, on importation into the other Party, 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 IV to this Appendix;

(b) 

in the cases specified in Article 18(1), a declaration, subsequently referred to as the 'origin declaration' given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified; the text of the origin declaration appears in Annex III to this Appendix.

2.  
Notwithstanding paragraph 1 of this Article, originating products within the meaning of these Rules 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 of this Article.
3.  
Without prejudice to paragraph 1, the Parties may agree that, for the preferential trade between them, proofs of origin listed in points (a) and (b) of paragraph 1 are replaced by statements on origin made out by exporters registered in an electronic database in accordance with the internal legislation of the Parties.

The use of a statement on origin made out by the exporters registered in an electronic database agreed by two or more applying Contracting Parties shall not impede the use of diagonal cumulation with other applying Contracting Parties.

4.  
For the purposes of paragraph 1, the Parties may agree to establish a system that allows proofs of origin listed in points (a) and (b) of paragraph 1 to be issued electronically and/or submitted electronically.
5.  
For the purpose of Article 7, if Article 8(4) applies, the exporter established in an applying Contracting Party who issues, or applies for, a proof of origin on the basis of another proof of origin which benefits from a waiver from the obligation to include the statement as otherwise required by Article 8(3) shall take all necessary steps to ensure that the conditions for applying cumulation are fulfilled and shall be prepared to submit all relevant documents to the customs authorities.

Article 18

Conditions for making out an origin declaration

1.  

An origin declaration as referred to in point (b) of Article 17(1) may be made out:

(a) 

by an approved exporter within the meaning of Article 19; or

(b) 

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

2.  
An origin declaration may be made out if the products can be considered as originating in an applying Contracting Party and fulfil the other requirements of these Rules.
3.  
The exporter making out an origin declaration shall be prepared to submit at any time, at the request of the customs authorities of the exporting Party, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of these Rules.
4.  
An origin declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annex III to this Appendix, using one of the linguistic versions set out in that Annex and in accordance with the provisions of the national law of the exporting country. If the declaration is handwritten, it shall be written in ink in printed characters.
5.  
Origin declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 19 shall not be required to sign such declarations provided that he gives the customs authorities of the exporting Party a written undertaking that he accepts full responsibility for any origin declaration which identifies him as if it had been signed in manuscript by him.
6.  
An origin declaration may be made out by the exporter when the products to which it relates are exported, or after exportation (the 'retrospective origin declaration') on condition that it is presented in the importing country within two years after the importation of the products to which it relates.

Where the splitting of a consignment takes place in accordance with Article 14(3) and provided that the same two-year deadline is respected, the retrospective origin declaration shall be made out by the approved exporter of the exporting Party of the products.

Article 19

Approved exporter

1.  
The customs authorities of the exporting Party may, subject to national requirements, authorise any exporter established in that Party (the 'approved exporter'), to make out origin declarations irrespective of the value of the products concerned.
2.  
An exporter who requests such authorisation must offer, to the satisfaction of the customs authorities, all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of these Rules.
3.  
The customs authorities shall grant to the approved exporter a customs authorisation number which shall appear on the origin declaration.
4.  
The customs authorities shall verify the proper use of an authorisation. They may withdraw the authorisation if the approved exporter makes improper use of it and shall do so if the approved exporter no longer offers the guarantees referred to in paragraph 2.

Article 20

Procedure for issuing of a movement certificate EUR.1

1.  
A movement certificate EUR.1 shall be issued by the customs authorities of the exporting Party on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorised representative.
2.  
For that purpose, the exporter or his authorised representative shall fill in both the movement certificate EUR.1 and the application form, specimens of which appear in Annex IV to this Appendix. Those forms shall be completed in one of the languages in which the Agreement is drawn up and in accordance with the provisions of the national law of the exporting country. If the completion of the forms is done in handwriting, they shall be completed in ink in printed characters. The description of the products shall be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line shall be drawn below the last line of the description, the empty space being crossed through.
3.  
The movement certificate EUR.1 shall include the statement in English 'TRANSITIONAL RULES' in box 7.
4.  
The exporter applying for the issue of a movement certificate EUR.1 shall be prepared to submit at any time, at the request of the customs authorities of the exporting Party where the movement certificate EUR.1 is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of these Rules.
5.  
A movement certificate EUR.1 shall be issued by the customs authorities of the exporting Party if the products concerned can be considered as products originating and fulfil the other requirements of these Rules.
6.  
The customs authorities issuing movement certificates EUR.1 shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of these Rules. For that purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate. They shall also ensure that the forms referred to in paragraph 2 of this Article are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.
7.  
The date of issue of the movement certificate EUR.1 shall be indicated in Box 11 of the movement certificate EUR.1.
8.  
A movement certificate EUR.1 shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.

Article 21

Movement certificates EUR.1 issued retrospectively

1.  

Notwithstanding Article 20(8), a movement certificate EUR.1 may be issued after exportation of the products to which it relates if:

(a) 

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

(b) 

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

(c) 

the final destination of the products concerned was not known at the time of exportation and was determined during their transportation or storage and after possible splitting of consignments in accordance with Article 14(3);

(d) 

a movement certificate EUR.1 or EUR.MED was issued in accordance with the rules of the PEM Convention for products that are also originating in accordance with these Rules; the exporter shall take all necessary steps to ensure that the conditions to apply cumulation are fulfilled and be prepared to submit to the customs authorities all relevant documents proving that the product is originating in accordance with these Rules; or

(e) 

a movement certificate EUR.1 was issued on the basis of Article 8(4) and the application of Article 8(3) is required at importation in another applying Contracting Party.

2.  
For the implementation of paragraph 1, the exporter shall indicate in his application the place and date of exportation of the products to which the movement certificate EUR.1 relates, and state the reasons for his request.
3.  
The customs authorities may issue a movement certificate EUR.1 retrospectively within two years from the date of exportation and only after verifying that the information supplied in the exporter's application complies with that in the corresponding file.
4.  
In addition to the requirement under Article 20(3), movement certificates EUR.1 issued retrospectively shall be endorsed with the following phrase in English: 'ISSUED RETROSPECTIVELY'.
5.  
The endorsement referred to in paragraph 4 shall be inserted in Box 7 of the movement certificate EUR.1.

Article 22

Issue of a duplicate movement certificate EUR.1

1.  
In the event of theft, loss or destruction of a movement certificate EUR.1, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession.
2.  
In addition to the requirement under Article 20(3), the duplicate issued in accordance with paragraph 1 of this Article shall be endorsed with the following word in English: 'DUPLICATE'.
3.  
The endorsement referred to in paragraph 2 shall be inserted in Box 7 of the duplicate movement certificate EUR.1.
4.  
The duplicate, which shall bear the date of issue of the original movement certificate EUR.1, shall take effect as from that date.

Article 23

Validity of proof of origin

1.  
A proof of origin shall be valid for ten months from the date of issue or making out in the exporting Party, and shall be submitted within that period to the customs authorities of the importing Party.
2.  
Proofs of origin which are submitted to the customs authorities of the importing Party after the period of validity referred to in paragraph 1 may be accepted for the purpose of applying the tariff preferences, where failure to submit those documents by the final date set is due to exceptional circumstances.
3.  
In other cases of belated presentation, the customs authorities of the importing Party may accept the proofs of origin where the products have been presented to customs before the said final date.

Article 24

Free zones

1.  
The Parties shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.
2.  
By way of derogation from paragraph 1, when products originating in an applying Contracting Party are imported into a free zone under cover of a proof of origin and undergo treatment or processing, a new proof or origin may be issued or made out, if the treatment or processing undergone complies with these Rules.

Article 25

Importation requirements

Proofs of origin shall be submitted to the customs authorities of the importing Party in accordance with the procedures applicable in that Party.

Article 26

Importation by instalments

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

Article 27

Exemptions from proof of origin

1.  
Products sent as small packages from private persons to private persons or forming part of travellers' personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of these Rules and where there is no doubt as to the veracity of such a declaration.
2.  

Imports shall not be considered as imports by way of trade if all the following conditions are met:

(a) 

the imports are occasional;

(b) 

the imports consist solely of products for the personal use of the recipients or travellers or their families;

(c) 

it is evident from the nature and quantity of the products that no commercial purpose is in view.

3.  
The total value of those 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 28

Discrepancies and formal errors

1.  
The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that that document does correspond to the products submitted.
2.  
Obvious formal errors such as typing errors on a proof of origin shall not cause the documents referred to in paragraph 1 of this Article to be rejected if those errors are not such as to create doubts concerning the correctness of the statements made in those documents.

Article 29

Supplier's declarations

1.  
When a movement certificate EUR.1 is issued or an origin declaration is made out in a Party for originating products, in the manufacture of which goods coming from another applying Contracting Party which have undergone working or processing there without having obtained preferential originating status have been used in accordance with Article 7(3) or Article 7(4) account shall be taken of the supplier's declaration given for those goods in accordance with this Article.
2.  
The supplier's declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in an applying Contracting Party by the goods concerned for the purpose of determining whether the products in the manufacture of which those goods are used, may be considered as products originating in the exporting Party and fulfil the other requirements of these Rules.
3.  
A separate supplier's declaration shall, except in the cases referred to in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex VI on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.
4.  
Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in an applying Contracting Party is expected to remain constant for a period of time, he may provide a single supplier's declaration to cover subsequent consignments of those goods (the 'long-term supplier's declaration'). A long-term supplier's declaration may normally be valid for a period of up to two years from the date of making out the declaration. The customs authorities of the applying Contracting Party where the declaration is made out lay down the conditions under which longer periods may be used. The long-term supplier's declaration shall be made out by the supplier in the form prescribed in Annex VII and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by that declaration or together with his first consignment. The supplier shall inform his customer immediately if the long-term supplier's declaration is no longer applicable to the goods supplied.
5.  
The supplier's declarations referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages of the Agreement, in accordance with the national law of the applying Contracting Party where the declaration is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.
6.  
The supplier making out a declaration shall be prepared to submit at any time, at the request of the customs authorities of the applying Contracting Party where the declaration is made out, all appropriate documents proving that the information given on that declaration is correct.

Article 30

Amounts expressed in euro

1.  
For the purposes of application of the point (b) of Article 18(1) and Article 27(3) in cases where products are invoiced in a currency other than euro, amounts in the national currencies of the Parties equivalent to the amounts expressed in euro shall be fixed annually by each of the countries concerned.
2.  
A consignment shall benefit from the point (b) of Article 18(1) or Article 27(3) by reference to the currency in which the invoice is drawn up, according to the amount fixed by the country concerned.
3.  
The amounts to be used in any given national currency shall be the equivalent in that currency of the amounts expressed in euro as at the first working day of October. The amounts shall be communicated to the European Commission by 15 October and shall apply from 1 January the following year. The European Commission shall notify all countries concerned of the relevant amounts.
4.  
A Party 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 Party may retain unchanged its national currency equivalent of an amount expressed in euro if, at the time of the annual adjustment provided for in paragraph 3, the conversion of that amount, prior to any rounding-off, results in an increase of less than 15 % in the national currency equivalent. The national currency equivalent may be retained unchanged if the conversion were to result in a decrease in that equivalent value.
5.  
The amounts expressed in euro shall be reviewed by the Joint Committee at the request of a Party. When carrying out that review, the Joint Committee shall consider the desirability of preserving the effects of the limits concerned in real terms. For that purpose, it may decide to modify the amounts expressed in euro.

TITLE VI

PRINCIPLES OF COOPERATION AND DOCUMENTARY EVIDENCE

Article 31

Documentary evidence, preservation of proofs of origin and supporting documents

1.  
An exporter who has made out an origin declaration or has applied for a movement certificate EUR.1 shall keep a hard copy or an electronic version of those proofs of origin and all documents supporting the originating status of the product, for at least three years from the date of issuance or making out of the origin declaration.
2.  
The supplier making out a supplier's declaration shall keep copies of the declaration and of all the invoices, delivery notes or other commercial documents to which that declaration is annexed as well as the documents referred to in Article 29(6) for at least three years.

The supplier making out a long-term supplier's declaration shall keep copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 29(6) for at least three years. That period shall begin from the date of expiry of validity of the long-term supplier's declaration.

3.  

For the purposes of paragraph 1 of this Article, the documents supporting the originating status, inter alia, are the following:

(a) 

direct evidence of the processes carried out by the exporter or supplier to obtain the product, contained, for example, in his accounts or internal bookkeeping;

(b) 

documents proving the originating status of materials used, issued or made out in the relevant applying Contracting Party in accordance with its national legislation;

(c) 

documents proving the working or processing of materials in the relevant Party, made out or issued in that Party in accordance with its national legislation;

(d) 

origin declarations or movement certificates EUR.1 proving the originating status of materials used, made out or issued in the Parties in accordance with these Rules;

(e) 

appropriate evidence concerning working or processing undergone outside the Parties by application of Articles 13 and 14, proving the fulfilment of the requirements of those Articles.

4.  
The customs authorities of the exporting Party issuing movement certificates EUR.1 shall keep the application form referred to in Article 20(2) for at least three years.
5.  
The customs authorities of the importing Party shall keep the origin declarations and the movement certificates EUR.1 submitted to them for at least three years.
6.  
Supplier's declarations proving the working or processing undergone in an applying Contracting Party by materials used, made out in that applying Contracting Party, shall be treated as a document referred to in Articles 18(3), 20(4) and 29(6) used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in that applying Contracting Party and fulfil the other requirements of these Rules.

Article 32

Dispute settlement

Where disputes arise in relation to the verification procedures under Articles 34 and 35, or in relation to the interpretation of this Appendix, which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out the verification, they shall be submitted to the Joint Committee.

In all cases the settlement of disputes between the importer and the customs authorities of the importing Party shall take place in accordance with the legislation of that country.

TITLE VII

ADMINISTRATIVE COOPERATION

Article 33

Notification and cooperation

1.  
The customs authorities of the Parties shall provide each other with specimen impressions of stamps used in their customs offices for the issue of movement certificates EUR.1, with the models of the authorisation numbers granted to approved exporters and with the addresses of the customs authorities responsible for verifying those certificates and origin declarations.
2.  
In order to ensure the proper application of these Rules, the Parties shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations, the supplier's declarations and the correctness of the information given in those documents.

Article 34

Verification of proofs of origin

1.  
Subsequent verifications of proofs of origin shall be carried out at random or whenever the customs authorities of the importing Party have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of these Rules.
2.  
When they make a request for subsequent verification, the customs authorities of the importing Party shall return the movement certificate EUR.1 and the invoice, if it has been submitted, the origin declaration, or a copy of those documents, to the customs authorities of the exporting Party giving, where appropriate, the reasons for the request for verification. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.
3.  
The verification shall be carried out by the customs authorities of the exporting Party. For that purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate.
4.  
If the customs authorities of the importing Party decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.
5.  
The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. Those results shall indicate clearly whether the documents are authentic and whether the products concerned may be considered as products originating in one of the Parties and fulfil the other requirements of these Rules.
6.  
If in cases of reasonable doubt there is no reply within ten months of the date of the verification request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.

Article 35

Verification of supplier's declarations

1.  
Subsequent verifications of supplier's declarations or long-term supplier's declarations may be carried out at random or whenever the customs authorities of a Party where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in that document.
2.  
For the purposes of implementing the provisions of paragraph 1, the customs authorities of the Party referred to in paragraph 1 shall return the supplier's declaration or the long-term supplier's declaration and invoice(s), delivery note(s) or other commercial document(s) concerning goods covered by such declaration, to the customs authorities of the applying Contracting Party where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.

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

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

Article 36

Penalties

Each Party shall provide for the imposition of criminal, civil or administrative penalties for violations of its national legislation related to these Rules.

TITLE VIII

APPLICATION OF APPENDIX A

Article 37

European Economic Area

Goods originating in the European Economic Area (EEA) within the meaning of Protocol 4 to the Agreement on the European Economic Area shall be considered as originating in the European Union, Iceland, Liechtenstein or Norway (the 'EEA Parties') when exported respectively from the European Union, Iceland, Liechtenstein or Norway to the West Bank and the Gaza Strip, provided that free trade agreements using these Rules are applicable between the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip and the EEA Parties.

Article 38

Liechtenstein

Without prejudice to Article 2, a product originating in Liechtenstein shall, due to the customs union between Switzerland and Liechtenstein, be considered as originating in Switzerland.

Article 39

Republic of San Marino

Without prejudice to Article 2, a product originating in the Republic of San Marino shall, due to the customs union between the European Union and the Republic of San Marino, be considered as originating in the European Union.

Article 40

Principality of Andorra

Without prejudice to Article 2, a product originating in the Principality of Andorra classified under Chapters 25 to 97 of the Harmonised System shall, due to the customs union between the European Union and the Principality of Andorra, be considered as originating in the European Union.

Article 41

Ceuta and Melilla

1.  
For the purposes of these Rules, the term 'European Union' shall not cover Ceuta and Melilla.
2.  
Products originating in the West Bank and the Gaza Strip, when imported into Ceuta or Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the European Union under Protocol 2 of the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties ( 4 ). The Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip shall grant to imports of products covered by the relevant agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the European Union.
3.  
For the purposes of paragraph 2 of this Article concerning products originating in Ceuta and Melilla, these Rules shall apply mutatis mutandis subject to the special conditions set out in Annex V.

ANNEX I

INTRODUCTORY NOTES TO THE LIST IN ANNEX II

Note 1 – General introduction

The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 4 of Title II of this Appendix. There are four different types of rules, which vary according to the product:

(a) 

through working or processing a maximum content of non-originating materials is not exceeded;

(b) 

through working or processing the 4-digit Harmonised System heading or 6-digit Harmonised System subheading of the manufactured products becomes different from the 4-digit Harmonised System heading or 6-digit subheading respectively of the materials used;

(c) 

a specific working or processing operation is carried out;

(d) 

working or processing is carried out on certain wholly obtained materials.

Note 2 – The structure of the list

2.1. The first two columns in the list describe the product obtained. The column (1) gives the heading number or chapter number used in the Harmonised System and the column (2) gives the description of goods used in that system for that heading or chapter. For each entry in the first two columns, a rule is specified in column (3). Where, in some cases, the entry in the column (1) is preceded by an 'ex', this signifies that the rules in column (3) apply only to the part of that heading as described in column (2).

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

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

2.4. Where two alternative rules are set out in column (3), separated by 'or', it is at the choice of the exporter which one to use.

Note 3 – Examples of how to apply the rules

3.1. Article 4 of Title II of this Appendix, concerning products having obtained originating status which are used in the manufacture of other products, shall apply, regardless of whether that status has been obtained inside the factory where those products are used or in another factory in a Party.

3.2. Pursuant to Article 6 of Title II of this Appendix , the working or processing carried out must go beyond the list of operations mentioned in that Article. If it does not, the goods shall not qualify for the granting of the benefit of preferential tariff treatment, even if the conditions set out in the list below are met.

Subject to Article 6 of Title II of this Appendix, the rules in the list represent the minimum amount of working or processing required, and the carrying-out of more working or processing also confers originating status; conversely, the carrying-out of less working or processing cannot confer originating status.

Thus, if a rule provides that non-originating material, at a certain level of manufacture, may be used, the use of such material at an earlier stage of manufacture is allowed, and the use of such material at a later stage is not.

If a rule provides that non-originating material, at a certain level of manufacture, may not be used, the use of materials at an earlier stage of manufacture is allowed, and the use of materials at a later stage is not.

Example: when the list-rule for Chapter 19 requires that 'non-originating materials of headings 1101 to 1108 cannot exceed 20 % weight', the use (i.e. importation) of cereals of Chapter 10 (materials at an earlier stage of manufacture) is not limited.

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

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

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

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

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

Note 4 – General provisions concerning certain agricultural goods

4.1. Agricultural goods falling within Chapters 6, 7, 8, 9, 10, 12 and heading 2401 which are grown or harvested in the territory of a Party shall be treated as originating in the territory of that Party, even if grown from imported seeds, bulbs, rootstock, cuttings, grafts, shoots, buds, or other live parts of plants.

4.2. In cases where the content of non-originating sugar in a given product is subject to limitations, the weight of sugars of headings 1701 (sucrose) and 1702 (e.g., fructose, glucose, lactose, maltose, isoglucose or invert sugar) used in the manufacture of the final product and used in the manufacture of the non-originating products incorporated in the final product is taken into account for the calculation of such limitations.

Note 5 – Terminology used in respect of certain textile products

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

5.2. The term 'natural fibres' includes horsehair of heading 0511 , silk of headings 5002 and 5003 , as well as wool-fibres and fine or coarse animal hair of headings 5101 to 5105 , cotton fibres of headings 5201 to 5203 , and other vegetable fibres of headings 5301 to 5305 .

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

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

5.5. Printing (when combined with Weaving, Knitting/Crocheting, Tufting or Flocking) is defined as a technique by which an objectively assessed function, like colour, design, technical performance, is given to a textile substrate with a permanent character, using screen, roller, digital or transfer techniques.

5.6. Printing (as standalone operation) is defined as a technique by which an objectively assessed function, like colour, design, technical performance, is given to a textile substrate with a permanent character, using screen, roller, digital or transfer techniques combined with at least two preparatory/finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product.

Note 6 – Tolerances applicable to products made of a mixture of textile materials

6.1. Where, for a given product in the list, reference is made to this Note, the conditions set out in column (3) shall not be applied to any basic textile materials used in the manufacture of that product and which, taken together, represent 15 % or less of the total weight of all the basic textile materials used (See also Notes 6.3 and 6.4).

6.2. However, the tolerance mentioned in Note 6.1 may be applied only to mixed products which have been made from two or more basic textile materials.

The following are the basic textile materials:

— 
silk;
— 
wool;
— 
coarse animal hair;
— 
fine animal hair;
— 
horsehair;
— 
cotton;
— 
paper-making materials and paper;
— 
flax;
— 
true hemp;
— 
jute and other textile bast fibres;
— 
sisal and other textile fibres of the genus Agave;
— 
coconut, abaca, ramie and other vegetable textile fibres;
— 
synthetic man-made filament fibres of polypropylene;
— 
synthetic man-made filament fibres of polyester;
— 
synthetic man-made filament fibres of polyamide;
— 
synthetic man-made filament fibres of polyacrylonitrile;
— 
synthetic man-made filament fibres of polyimide;
— 
synthetic man-made filament fibres of polytetrafluoroethylene;
— 
synthetic man-made filament fibres of poly(phenylene sulphide);
— 
synthetic man-made filament fibres of poly(vinyl chloride);
— 
other synthetic man-made filament fibres;
— 
artificial man-made filament fibres of viscose;
— 
other artificial man-made filament fibres;
— 
current-conducting filaments;
— 
synthetic man-made staple fibres of polypropylene;
— 
synthetic man-made staple fibres of polyester;
— 
synthetic man-made staple fibres of polyamide;
— 
synthetic man-made staple fibres of polyacrylonitrile;
— 
synthetic man-made staple fibres of polyimide;
— 
synthetic man-made staple fibres of polytetrafluoroethylene;
— 
synthetic man-made staple fibres of poly(phenylene sulphide);
— 
synthetic man-made staple fibres of poly(vinyl chloride);
— 
other synthetic man-made staple fibres;
— 
artificial man-made staple fibres of viscose;
— 
other artificial man-made staple fibres;
— 
yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped;
— 
products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film;
— 
other products of heading 5605 ;
— 
glass fibres;
— 
metal fibres;
— 
mineral fibres.

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

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

Note 7 – Other tolerances applicable to certain textile products

7.1. Where, in the list, reference is made to this Note, textile materials (with the exception of linings and interlinings) which do not satisfy the rule set out in the list in column (3) for the made-up product concerned may be used, provided that they are classified in a heading other than that of the product and that their value does not exceed 15 % of the ex-works price of the product.

7.2. Without prejudice to Note 7.3, materials which are not classified within Chapters 50 to 63 may be used freely in the manufacture of textile products, whether or not they contain textiles.

7.3. Where a percentage rule applies, the value of non-originating materials which are not classified within Chapters 50 to 63 must be taken into account when calculating the value of the non-originating materials incorporated.

Note 8 – Definition of specific processes and simple operations carried out in respect of certain products of Chapter 27

8.1. For the purposes of headings ex  27 07 and 2713 , the 'specific processes' are the following:

(a) 

vacuum-distillation;

(b) 

redistillation by a very thorough fractionation process;

(c) 

cracking;

(d) 

reforming;

(e) 

extraction by means of selective solvents;

(f) 

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

(g) 

polymerisation;

(h) 

alkylation;

(i) 

isomerisation.

8.2. For the purposes of headings 2710 , 2711 and 2712 , the 'specific processes' are the following:

(a) 

vacuum-distillation;

(b) 

redistillation by a very thorough fractionation process;

(c) 

cracking;

(d) 

reforming;

(e) 

extraction by means of selective solvents;

(f) 

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

(g) 

polymerisation;

(h) 

alkylation;

(i) 

isomerisation;

(j) 

in respect of heavy oils of heading ex  27 10 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  27 10 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 °C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment, with hydrogen, of lubricating oils of heading ex  27 10 (e.g. hydrofinishing or decolourisation), in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;

(m) 

in respect of fuel oils of heading ex  27 10 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C, by the ASTM D 86 method;

(n) 

in respect of heavy oils other than gas oils and fuel oils of heading ex  27 10 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  27 12 only, de-oiling by fractional crystallisation.

8.3. For the purposes of headings ex  27 07 and 2713 , simple operations, such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur contents, or any combination of those operations or like operations, do not confer origin.

Note 9 – Definition of specific processes and operations carried out in respect of certain products

9.1. Products falling within Chapter 30 obtained in a Party by using cell cultures, shall be considered as originating in that Party. 'Cell culture' is defined as the cultivation of human, animal and plant cells under controlled conditions (such as defined temperatures, growth medium, gas mixture, pH) outside a living organism.

9.2. Products falling within Chapters 29 (except for: 2905.43-2905.44), 30, 32, 33 (except for: 3302.10, 3301), 34, 35 (except for: 35.01, 3502.11-3502.19, 3502.20, 35.05), 36, 37, 38 (except for: 3809.10, 38.23, 3824.60, 38.26) and 39 (except for: 39.16-39.26) obtained in a Party by fermentation shall be considered as originating in that Party. 'Fermentation' is a biotechnological process in which human, animal, plant cells, bacteria, yeasts, fungi or enzymes are used to produce products falling within Chapters 29 to 39.

9.3. The following processing operations are considered sufficient according to paragraph 1 of Article 4 for products falling within Chapters 28, 29 (except for: 2905.43-2905.44), 30, 32, 33 (except for: 3302.10, 3301), 34, 35 (except for: 35.01, 3502.11-3502.19, 3502.20, 35.05), 36, 37, 38 (except for: 3809.10, 38.23, 3824.60, 38.26) and 39 (except for: 39.16-39.26):

— 
Chemical reaction: A 'chemical reaction' is a process (including a biochemical process) which results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule. A chemical reaction may be expressed by a change of the 'CAS number'.
The following processes should not be considered for purposes of origin: (a) dissolving in water or other solvents; (b) the elimination of solvents, including solvent water; or (c) the addition or elimination of water of crystallization. A chemical reaction as defined above is to be considered as origin conferring.
— 
Mixtures and Blends: The deliberate and proportionally controlled mixing or blending (including dispersing) of materials, other than the addition of diluents, to conform to predetermined specifications which results in the production of a good having physical or chemical characteristics which are relevant to the purposes or uses of the good and are different from the input materials is to be considered to be as origin conferring.
— 
Purification: Purification is to be considered as origin conferring provided that purification occurring in the territory of one or both of the Parties results in one of the following criteria being satisfied:
(a) 

purification of a good resulting in the elimination of at least 80 % of the content of existing impurities; or

(b) 

the reduction or elimination of impurities resulting in a good suitable for one or more of the following applications:

(i) 

pharmaceutical, medicinal, cosmetic, veterinary, or food grade substances;

(ii) 

chemical products and reagents for analytical, diagnostic or laboratory uses;

(iii) 

elements and components for use in micro-electronics;

(iv) 

specialised optical uses;

(v) 

biotechnical use (e.g., in cell culturing, in genetic technology, or as a catalyst);

(vi) 

carriers used in a separation process; or

(vii) 

nuclear grade uses.

— 
Change in particle size: The deliberate and controlled modification in particle size of a good, other than by merely crushing or pressing, resulting in a good having a defined particle size, defined particle size distribution or defined surface area which is relevant to the purposes of the resulting good and having different physical or chemical characteristics from the input materials is to be considered as origin conferring.
— 
Standard materials: Standard materials (including standard solutions) are preparations suitable for analytical, calibrating or referencing uses having precise degrees of purity or proportions which are certified by the manufacturer. The production of standard materials is to be considered as origin conferring.
— 
Isomer separation: The isolation or separation of isomers from a mixture of isomers is to be considered as origin conferring.

ANNEX II

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



Heading

Description of product

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

(1)

(2)

(3)

Chapter 1

Live animals

All the animals of Chapter 1 shall be wholly obtained

Chapter 2

Meat and edible meat offal

Manufacture in which all the meat and edible meat offal in the products of this Chapter is wholly obtained

Chapter 3

Fish and crustaceans, molluscs and other aquatic invertebrates

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

Chapter 4

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

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

ex Chapter 5

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

Manufacture from materials of any heading

ex 0511 91

Inedible fish eggs and roes

All the eggs and roes are wholly obtained

Chapter 6

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

Manufacture in which all the materials of Chapter 6 used are wholly obtained

Chapter 7

Edible vegetables and certain roots and tubers

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

Chapter 8

Edible fruit and nuts; peel of citrus fruits or melons

Manufacture in which all the fruit, nuts and peels of citrus fruits or melons of Chapter 8 used are wholly obtained

Chapter 9

Coffee, tea, maté and spices

Manufacture from materials of any heading

Chapter 10

Cereals

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

Chapter 11

Products of the milling industry; malt; starches; inulin; wheat gluten

Manufacture in which all the materials of Chapters 8, 10 and 11, headings 0701 , 0714 , 2302 and 2303 , and subheading 0710 10 used are wholly obtained

Chapter 12

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

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

ex Chapter 13

Lac; gums, resins and other vegetable saps and extracts; except for:

Manufacture from materials of any heading

ex  13 02

Pectic substances, pectinates and pectates

Manufacture from materials of any heading and in which the weight of sugar used does not exceed 40 % of the weight of the final product

Chapter 14

Vegetable plaiting materials; vegetable products not elsewhere specified or included

Manufacture from materials of any heading

ex Chapter 15

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

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

1504 to 1506

Fats and oils and their fractions, of fish or marine mammals; wool grease and fatty substances derived therefrom (including lanolin); other animal fats and oils and their fractions, whether or not refined, but not chemically modified

Manufacture from materials of any heading

1508

Groundnut oil and its fractions, whether or not refined, but not chemically modified

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

1509 and 1510

Olive oil and its fractions

Manufacture in which all the vegetable materials used are wholly obtained

1511

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

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

ex  15 12

Sunflower seed oils and their fractions:

 

— for technical or industrial uses other than the manufacture of foodstuffs for human consumption

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

— other

Manufacture in which all the vegetable materials used are wholly obtained

1515

Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified

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

ex  15 16

Fats and oils and their fractions, of fish

Manufacture from materials of any heading

1520

Glycerol, crude; glycerol waters and glycerol lyes

Manufacture from materials of any heading

Chapter 16

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

Manufacture in which all the materials of Chapter 2, 3 and 16 used are wholly obtained

ex Chapter 17

Sugars and sugar confectionery; except for:

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

1702

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

 

— Chemically-pure maltose and fructose

Manufacture from materials of any heading, including other materials of heading 1702

— Other

Manufacture from materials of any heading, except that of the product, in which the weight of the materials of heading 1101 to 1108 , 1701 and 1703 used does not exceed 30 % of the weight of the final product

1704

Sugar confectionery (including white chocolate), not containing cocoa

Manufacture from materials of any heading, except that of the product, in which:

— the weight of sugar used does not exceed 40 % of the weight of the final product

— or

— the value of sugar used does not exceed 30 % of the ex-works price of the product

ex Chapter 18

Cocoa and cocoa preparations; except for:

Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product

ex  18 06

Chocolate and other food preparations containing cocoa; except for:

Manufacture from materials of any heading, except that of the product, in which:

— the weight of sugar used does not exceed 40 % of the weight of the final product

— or

— the value of sugar used does not exceed 30 % of the ex-works price of the product

1806 10

Cocoa powder, containing added sugar or other sweetening matters

Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product

1901

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

 

— Malt extract

Manufacture from cereals of Chapter 10

— Other

Manufacture from materials of any heading, except that of the product, in which the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product

1902

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

Manufacture from materials of any heading, except that of the product, in which:

— the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and

— the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the final product

1903

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

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

1904

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

Manufacture from materials of any heading, except that of the product, in which:

— the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and

— the weight of sugar used does not exceed 40 % of the weight of the final product

1905

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

Manufacture from materials of any heading, except that of the product, in which the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product

ex Chapter 20

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

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

2002 and 2003

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

Manufacture from materials of any heading, except that of the product, in which all the materials of Chapter 7 used are wholly obtained

2006

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

Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product

2007

Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter

Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product

ex  20 08

Products, other than:

— Nuts, not containing added sugar or spirits

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

— Fruit and nuts cooked otherwise than by steaming or boiling in water, not containing added sugar, frozen

Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product

2009

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

Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product

ex Chapter 21

Miscellaneous edible preparations; except for:

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

2103

— Sauces and preparations therefor; mixed condiments and mixed seasonings

— Mustard flour and meal and prepared mustard

Manufacture from materials of any heading, except that of the product. However, mustard flour or meal or prepared mustard may be used

Manufacture from materials of any heading

2105

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

Manufacture from materials of any heading, except that of the product, in which:

— the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product

— and

— the total combined weight of sugar and of the materials of Chapter 4 used does not exceed 60 % of the weight of the final product

2106

Food preparations not elsewhere specified or included

Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product

ex Chapter 22

Beverages, spirits and vinegar; except for:

Manufacture from materials of any heading, except that of the product, in which all the materials of subheadings 0806 10 , 2009 61 , 2009 69 used are wholly obtained

2202

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

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

2207 and 2208

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

Manufacture from materials of any heading, except heading 2207 or 2208 , in which all the materials of subheadings 0806 10 , 2009 61 , 2009 69 used are wholly obtained

ex Chapter 23

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

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

2309

Preparations of a kind used in animal feeding

Manufacture in which:

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

— the weight of materials of Chapters 10 and 11 and headings 2302 and 2303 used does not exceed 20 % of the weight of the final product,

— the individual weight of sugar and the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and

— the total combined weight of sugar and the materials of Chapter 4 used does not exceed 50 % of the weight of the final product

ex Chapter 24

Tobacco and manufactured tobacco substitutes; except for:

Manufacture from materials of any heading in which the weight of materials of heading 2401 does not exceed 30 % of the total weight of materials of Chapter 24 used

2401

Unmanufactured tobacco; tobacco refuse

Manufacture in which all materials of heading 2401 are wholly obtained

ex  24 02

Cigarettes, of tobacco or of tobacco substitutes

Manufacture from materials of any heading, except that of the product and of smoking tobacco of subheading 2403 19 , in which at least 10 % by weight of all materials of heading 2401 used is wholly obtained

ex  24 03

Products intended for inhalation through heated delivery or other means, without combustion

Manufacture from materials of any heading, except that of the product, in which at least 10 % by weight of all materials of heading 2401 used is wholly obtained

ex Chapter 25

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

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

or

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex  25 19

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

Manufacture from materials of any heading, except that of the product. However, natural magnesium carbonate (magnesite) may be used

Chapter 26

Ores, slag and ash

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

ex Chapter 27

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

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

or

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

ex  27 07

Oils in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents, being oils similar to mineral oils obtained by distillation of high temperature coal tar, of which more than 65 % by volume distils at a temperature of up to 250 °C (including mixtures of petroleum spirit and benzole), for use as power or heating fuels

Operations of refining and/or one or more specific process(es) (1)

or

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

2710

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

Operations of refining and/or one or more specific process(es) (1)

or

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

2711

Petroleum gases and other gaseous hydrocarbons

Operations of refining and/or one or more specific process(es) (1)

or

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

2712

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

Operations of refining and/or one or more specific process(es) (1)

or

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

2713

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

Operations of refining and/or one or more specific process(es) (1)

or

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

Chapter 28

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

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

or

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

ex Chapter 29

Organic chemicals; except for:

Specific process(es) (4)

or

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

or

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

ex  29 01

Acyclic hydrocarbons for use as power or heating fuels

Specific process(es) (4)

or

Operations of refining and/or one or more specific process(es) (1)

or

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

ex  29 02

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

Specific process(es) (4)

or

Operations of refining and/or one or more specific process(es) (1)

or

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

ex  29 05

Metal alcoholates of alcohols of this heading and of ethanol

Specific process(es) (4)

or

Manufacture from materials of any heading, including other materials of heading 2905 . However, metal alcoholates of this heading may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

or

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

Chapter 30

Pharmaceutical products

Specific process(es) (4)

or

Manufacture from materials of any heading

Chapter 31

Fertilizers

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

or

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

Chapter 32

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

Specific process(es) (4)

or

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

or

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

Chapter 33

Essential oils and resinoids; perfumery, cosmetic or toilet preparations

Specific process(es) (4)

or

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

or

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

Chapter 34

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

Specific process(es) (4)

or

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

or

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

Chapter 35

Albuminoidal substances; modified starches; glues; enzymes

Specific process(es) (4)

or

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

or

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

Chapter 36

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

Specific process(es) (4)

or

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

or

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

Chapter 37

Photographic or cinematographic goods

Specific process(es) (4)

or

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

or

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

ex Chapter 38

Miscellaneous chemical products; except for:

Specific process(es) (4)

or

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

or

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

ex  38 11

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

Specific process(es) (4)

or

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

Manufacture in which the value of all the materials of heading 3811 used does not exceed 50 % of the ex-works price of the product

ex 3824 99 and ex 3826 00

Biodiesel

Manufacture in which biodiesel is obtained through transesterification and/or esterification or through hydro-treatment

Chapter 39

Plastics and articles thereof

Specific process(es) (4)

or

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

or

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

ex Chapter 40

Rubber and articles thereof; except for:

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

or

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

ex  40 12

Retreaded pneumatic, solid or cushion tyres, of rubber

Retreading of used tyres

ex Chapter 41

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

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

4104 to 4106

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

Re-tanning of tanned leather

or

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

Chapter 42

Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut)

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

or

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

ex Chapter 43

Furskins and artificial fur; manufactures thereof; except for:

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

ex  43 02

Tanned or dressed furskins, assembled:

 

— Plates, crosses and similar forms.

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

— Other

Manufacture from non-assembled, tanned or dressed furskins

4303

Articles of apparel, clothing accessories and other articles of furskin

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

ex Chapter 44

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

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

or

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

ex  44 07

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  44 08

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  44 10 to ex  44 13

Beadings and mouldings, including moulded skirting and other moulded boards

Beading or moulding

ex  44 15

Packing cases, boxes, crates, drums and similar packings, of wood

Manufacture from boards not cut to size

ex  44 18

— Builders' joinery and carpentry of wood

— Beadings and mouldings

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

Beading or moulding

ex  44 21

Match splints; wooden pegs or pins for footwear

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

Chapter 45

Cork and articles of cork

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

or

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

Chapter 46

Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork

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

or

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

Chapter 47

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

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

or

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

Chapter 48

Paper and paperboard; articles of paper pulp, of paper or of paperboard

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

or

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

Chapter 49

Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans

Manufacture from materials of any heading except that of the product

or

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

ex Chapter 50

Silk; except for:

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

ex  50 03

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

Carding or combing of silk waste

5004 to ex  50 06

Silk yarn and yarn spun from silk waste

 (2)

Spinning of natural fibres

or

Extrusion of man-made continuous filament combined with spinning

or

Extrusion of man-made continuous filament combined with twisting

or

Twisting combined with any mechanical operation

5007

Woven fabrics of silk or of silk waste

 (2)

Spinning of natural and/or man-made staple fibres combined with weaving

or

Extrusion of man-made filament yarn combined with weaving

or

Twisting or any mechanical operation combined with weaving

or

Weaving combined with dyeing

or

Yarn dyeing combined with weaving

or

Weaving combined with printing

or

Printing (as standalone operation)

ex Chapter 51

Wool, fine or coarse animal hair; horsehair yarn and woven fabric; except for:

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

5106 to 5110

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

 (2)

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

or

Twisting combined with any mechanical operation

5111 to 5113

Woven fabrics of wool, of fine or coarse animal hair or of horsehair:

 (2)

Spinning of natural and/or man-made staple fibres combined with weaving

or

Extrusion of man-made filament yarn combined with weaving

or

Weaving combined with dyeing

or

Yarn dyeing combined with weaving

or

Weaving combined with printing

or

Printing (as standalone operation)

ex Chapter 52

Cotton; except for:

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

5204 to 5207

Yarn and thread of cotton

 (2)

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

or

Twisting combined with any mechanical operation

5208 to 5212

Woven fabrics of cotton

 (2)

Spinning of natural and/or man-made staple fibres combined with weaving

or

Extrusion of man-made filament yarn combined with weaving

or

Twisting or any mechanical operation combined with weaving

or

Weaving combined with dyeing or with coating or with laminating

or

Yarn dyeing combined with weaving

or

Weaving combined with printing

or

Printing (as standalone operation)

ex Chapter 53

Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn; except for:

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

5306 to 5308

Yarn of other vegetable textile fibres;

paper yarn

 (2)

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

or

Twisting combined with any mechanical operation

5309 to 5311

Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn:

 (2)

Spinning of natural and/or man-made staple fibres combined with weaving

or

Extrusion of man-made filament yarn combined with weaving

or

Weaving combined with dyeing or with coating or with laminating

or

Yarn dyeing combined with weaving

or

Weaving combined with printing

or

Printing (as standalone operation)

5401 to 5406

Yarn, monofilament and thread of man-made filaments

 (2)

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

or

Twisting combined with any mechanical operation

5407 and 5408

Woven fabrics of man-made filament yarn

 (2)

Spinning of natural and/or man-made staple fibres combined with weaving

or

Extrusion of man-made filament yarn combined with weaving

or

Twisting or any mechanical operation combined with weaving

or

Yarn dyeing combined with weaving

or

Weaving combined with dyeing or with coating or with laminating

or

Weaving combined with printing

or

Printing (as standalone operation)

5501 to 5507

Man-made staple fibres

Extrusion of man-made fibres

5508 to 5511

Yarn and sewing thread of man-made staple fibres

 (2)

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

or

Twisting combined with any mechanical operation

5512 to 5516

Woven fabrics of man-made staple fibres:

 (2)

Spinning of natural and/or man-made staple fibres combined with weaving

or

Extrusion of man-made filament yarn combined with weaving

or

Twisting or any mechanical operation combined with weaving

or

Weaving combined with dyeing or with coating or with laminating

or

Yarn dyeing combined with weaving

or

Weaving combined with printing

or

Printing (as standalone operation)

ex Chapter 56

Wadding, felt and non-wovens; special yarns; twine, cordage, ropes and cables and articles thereof; except for:

 (2)

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

5601

Wadding of textile materials and articles thereof; textile fibres, not exceeding 5 mm in length (flock), textile dust and mill neps

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

or

Flocking combined with dyeing or printing

or

Coating, flocking, laminating, or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product

5602

Felt, whether or not impregnated, coated, covered or laminated:

 

— Needleloom felt

 (2)

Extrusion of man-made fibres combined with fabric formation.

However:

— polypropylene filament of heading 5402 ,

— polypropylene fibres of heading 5503 or 5506 , or

— polypropylene filament tow of heading 5501 ,

of which the denomination in all cases of a single filament or fibre is less than 9 decitex, may be used, provided that their total value does not exceed 40 % of the ex-works price of the product

or

Non-woven fabric formation alone in the case of felt made from natural fibres

— Other

 (2)

Extrusion of man-made fibres combined with fabric formation

or

Non-woven fabric formation alone in the case of other felt made from natural fibres

5603

Nonwovens whether or not impregnated, coated, covered or laminated

 

5603 11 to 5603 14

Nonwovens whether or not impregnated, coated, covered or laminated of man-made filaments

Manufacture from

— directionally or randomly oriented filaments

— or

— substances or polymers of natural or man-made origin,

— followed in both cases by bonding into a nonwoven

5603 91 to 5603 94

Nonwovens whether or not impregnated, coated, covered or laminated, other than of man-made filaments

Manufacture from

— directionally or randomly oriented staple fibres

— and/or

— chopped yarns, of natural or man-made origin,

— followed in both by bonding into a nonwoven

5604

Rubber thread and cord, textile covered; textile yarn, and strip and the like of heading 5404 or 5405 , impregnated, coated, covered or sheathed with rubber or plastics:

 

— Rubber thread and cord, textile covered

Manufacture from rubber thread or cord, not textile covered

— Other

 (2)

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

or

Twisting combined with any mechanical operation

5605

Metallised yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405 , combined with metal in the form of thread, strip or powder or covered with metal

 (2)

Spinning of natural and/or man-made staple fibres

or

Extrusion of man-made fibres combined with spinning

or

Twisting combined with any mechanical operation

5606

Gimped yarn, and strip and the like of heading 5404 or 5405 , gimped (other than those of heading 5605 and gimped horsehair yarn); chenille yarn (including flock chenille yarn); loop wale-yarn

 (2)

Extrusion of man-made fibres combined with spinning

or

Twisting combined with gimping

or

Spinning of natural and/or man-made staple fibres

or

Flocking combined with dyeing

Chapter 57

Carpets and other textile floor coverings:

 (2)

Spinning of natural and/or man-made staple fibres combined with weaving or with tufting

or

Extrusion of man-made filament yarn combined with weaving or with tufting

or

Manufacture from coir yarn or sisal yarn or jute yarn or classical ring spun viscose yarn

or

Tufting combined with dyeing or with printing

or

Flocking combined with dyeing or with printing

or

Extrusion of man-made fibres combined with non-woven techniques including needle punching

Jute fabric may be used as a backing

ex Chapter 58

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

 (2)

Spinning of natural and/or man-made staple fibres combined with weaving or tufting

or

Extrusion of man-made filament yarn combined with weaving or with tufting

or

Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing

or

Tufting combined with dyeing or with printing

or

Flocking combined with dyeing or with printing

or

Yarn dyeing combined with weaving

or

Weaving combined with printing

or

Printing (as standalone operation)

5805

Hand-woven tapestries of the types Gobelins, Flanders, Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made up

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

5810

Embroidery in the piece, in strips or in motifs

Embroidering in which the value of all the materials of any heading, except that of the product, used does not exceed 50 % of the ex-works price of the product

5901

Textile fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books or the like; tracing cloth; prepared painting canvas; buckram and similar stiffened textile fabrics of a kind used for hat foundations

Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing

or

Flocking combined with dyeing or with printing

5902

Tyre cord fabric of high tenacity yarn of nylon or other polyamides, polyesters or viscose rayon:

 

— Containing not more than 90 % by weight of textile materials

Weaving

— Other

Extrusion of man-made fibres combined with weaving

5903

Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902

Weaving combined with impregnating or with coating or with covering or with laminating or with metalizing

or

Weaving combined with printing

or

Printing (as standalone operation)

5904

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

 (2)

Weaving combined with dyeing or with coating or with laminating or with metalizing

Jute fabric may be used as a backing.

5905

Textile wall coverings:

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

Weaving, knitting or non-woven fabric formation combined with impregnating or with coating or with covering or with laminating or with metalizing

— Other

 (2)

Spinning of natural and/or man-made staple fibres combined with weaving

or

Extrusion of man-made filament yarn combined with weaving

or

Weaving, knitting or non-woven fabric formation combined with dyeing or with coating or with laminating

or

Weaving combined with printing

or

Printing (as standalone operation)

5906

Rubberised textile fabrics, other than those of heading 5902 :

 

— Knitted or crocheted fabrics

 (2)

Spinning of natural and/or man-made staple fibres combined with knitting/crocheting

or

Extrusion of man-made filament yarn combined with knitting/crocheting

or

Knitting or crocheting combined with rubberising

or

Rubberising combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product

— Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials

Extrusion of man-made fibres combined with weaving

— Other

Weaving, knitting or non-woven process combined with dyeing or with coating/rubberising

or

Yarn dyeing combined with weaving, knitting or non-woven process

or

Rubberising combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product

5907

Textile fabrics otherwise impregnated, coated or covered; painted canvas being theatrical scenery, studio back-cloths or the like

Weaving or knitting or non-woven fabric formation combined with dyeing or with printing or with coating or with impregnating or with covering

or

Flocking combined with dyeing or with printing

or

Printing (as standalone operation)

5908

Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric therefore, whether or not impregnated:

 

— Incandescent gas mantles, impregnated

Manufacture from tubular knitted/crocheted gas mantle fabric

— Other

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

5909 to 5911

Textile articles of a kind suitable for industrial use:

 (2)

Spinning of natural and/or of man-made staple fibres combined with weaving

or

Extrusion of man-made fibres combined with weaving

or

Weaving combined with dyeing or with coating or with laminating

or

Coating, flocking, laminating or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product

Chapter 60

Knitted or crocheted fabrics

 (2)

Spinning of natural and/or man-made staple fibres combined with knitting/crocheting

or

Extrusion of man-made filament yarn combined with knitting/crocheting

or

Knitting/crocheting combined with dyeing or with flocking or with coating or with laminating or with printing

or

Flocking combined with dyeing or with printing

or

Yarn dyeing combined with knitting/crocheting

or

Twisting or texturing combined with knitting/crocheting provided that the value of the non-twisted/non-textured yarns used does not exceed 50 % of the ex-works price of the product

Chapter 61

Articles of apparel and clothing accessories, knitted or crocheted:

 

— Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form

 (2) (3)

Knitting or crocheting combined with making-up including cutting of fabric

— Other

 (2)

Spinning of natural and/or man-made staple fibres combined with knitting or crocheting

or

Extrusion of man-made filament yarn combined with knitting or crocheting

or

Knitting and making-up in one operation

ex Chapter 62

Articles of apparel and clothing accessories, not knitted or crocheted; except for:

 (2) (3)

Weaving combined with making-up including cutting of fabric

or

Making-up including cutting of fabric preceded by printing (as standalone operation)

ex  62 02 , ex  62 04 , ex  62 06 , ex  62 09 and ex  62 11

Women's, girls' and babies' clothing and clothing accessories for babies, embroidered

 (3)

Weaving combined with making-up including cutting of fabric

or

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

ex  62 10 and ex  62 16

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

 (2) (3)

Weaving combined with making-up including cutting of fabric

or

Coating or laminating provided that the value of the uncoated or unlaminated fabric used does not exceed 40 % of the ex-works price of the product, combined with making-up including cutting of fabric

ex  62 12

Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, knitted or crocheted, obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form

 (2) (3)

Knitting combined with making-up including cutting of fabric

or

Making-up including cutting of fabric preceded by printing (as standalone operation)

6213 and 6214

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

 

— Embroidered

 (2) (3)

Weaving combined with making-up including cutting of fabric

or

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

or

Making-up including cutting of fabric

preceded by printing (as standalone operation)

— Other

 (2) (3)

Weaving combined with making-up including cutting of fabric

or

Making-up preceded by printing (as standalone operation)

6217

Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212 :

 

— Embroidered

 (3)

Weaving combined with making-up including cutting of fabric

or

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

or

Making-up preceded by printing (as standalone operation)

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

 (3)

Weaving combined with making-up including cutting of fabric

or

Coating or laminating provided that the value of the uncoated or unlaminated fabric used does not exceed 40 % of the ex-works price of the product combined with making-up including cutting of fabric

— Interlinings for collars and cuffs, cut out

Manufacture:

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

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

— Other

 (3)

Weaving combined with making-up including cutting of fabric

ex Chapter 63

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

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

6301 to 6304

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

 

— Of felt, of nonwovens

 (2)

Non-woven fabric formation combined with making-up including cutting of fabric

— Other:

 

— Embroidered

 (2) (3)

Weaving or knitting/crocheting combined with making-up including cutting of fabric

or

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

— Other

 (2) (3)

Weaving or knitting/crocheting combined with making-up including cutting of fabric

6305

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

 (2)

Extrusion of man-made fibres or spinning of natural and/or man-made staple fibres, combined with weaving or with knitting and making-up including cutting of fabric

6306

Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods:

 

— Of nonwovens

 (2) (3)

Non-woven fabric formation combined with making-up including cutting of fabric

— Other

 (2) (3)

Weaving combined with making-up including cutting of fabric

6307

Other made-up articles, including dress patterns

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

6308

Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packings for retail sale

Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, no originating articles may be incorporated, provided that their total value does not exceed 15 % of the ex-works price of the set

ex Chapter 64

Footwear, gaiters and the like; parts of such articles; except for:

Manufacture from materials of any heading, except from assemblies of uppers affixed to inner soles or to other sole components of heading 6406

6406

Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable in-soles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof

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

Chapter 65

Headgear and parts thereof

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

Chapter 66

Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops, and parts thereof:

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

or

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

Chapter 67

Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair

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

or

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

Chapter 68

Articles of stone, plaster, cement, asbestos, mica or similar materials

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

or

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

Chapter 69

Ceramic products

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

ex Chapter 70

Glass and glassware

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

or

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

7010

Carboys, bottles, flasks, jars, pots, phials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass

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

or

Cutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the product

7013

Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018 )

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

ex Chapter 71

Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin; except for:

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

or

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex  71 02 , ex  71 03 and ex  71 04

Worked precious or semi-precious stones (natural, synthetic or reconstructed)

Manufacture of materials of any subheading except that of the product

7106 , 7108 and 7110

Precious metals:

— 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

fusion and/or alloying of precious metals of heading 7106 , 7108 or 7110 with each other or with base metals or purification

— Semi-manufactured or in powder form

Manufacture from unwrought precious metals

ex  71 07 , ex  71 09 and ex  71 11

Metals clad with precious metals, semi-manufactured

Manufacture from metals clad with precious metals, unwrought

ex Chapter 72

Iron and steel; except for:

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

7207

Semi-finished products of iron or non-alloy steel

Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 or 7205

7208 to 7212

Flat-rolled products of iron or non-alloy steel

Manufacture from semi-finished materials of heading 7207

7213 to 7216

Bars and sections bars and rods, angles, shapes and sections of iron or non-alloy steel

Manufacture from ingots or other primary forms of heading 7206

7217

Wire of iron or non-alloy steel

Manufacture from semi-finished materials of heading 7207

7218 91 and 7218 99

Semi-finished products

Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 or 7205

7219 to 7222

Flat-rolled products, bars and rods, angles, shapes and sections of stainless steel

Manufacture from ingots or other primary forms of heading 7218

7223

Wire of stainless steel

Manufacture from semi-finished materials of heading 7218

7224 90

Semi-finished products

Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 or 7205

7225 to 7228

Flat-rolled products, hot-rolled bars and rods, in irregularly wound coils; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel

Manufacture from ingots or other primary forms of heading 7206 , 7218 or 7224

7229

Wire of other alloy steel

Manufacture from semi-finished materials of heading 7224

ex Chapter 73

Articles of iron or steel; except for:

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

ex  73 01

Sheet piling

Manufacture from materials of heading 7207

7302

Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole plates (base plates), rail clips, bedplates, ties and other material specialised for jointing or fixing rails

Manufacture from materials of heading 7206

7304 , 7305 and 7306

Tubes, pipes and hollow profiles, of iron or steel

Manufacture from materials of heading 7206 to 7212 and 7218 or 7224

ex  73 07

Tube or pipe fittings of stainless steel (ISO No X5CrNiMo 1712), consisting of several parts

Turning, drilling, reaming, threading, deburring and sandblasting of forged blanks, 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  73 15

Skid chain

Manufacture in which the value of all the materials of heading 7315 used does not exceed 50 % of the ex-works price of the product

ex Chapter 74

Copper and articles thereof; except for:

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

7403

Refined copper and copper alloys, unwrought

Manufacture from materials of any heading

7408

Copper wire

Manufacture:

— From materials of any heading, except that of the product, and

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

Chapter 75

Nickel and articles thereof

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

ex Chapter 76

Aluminium and articles thereof; except for:

Manufacture:

— From materials of any heading, except that of the product, and

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

7601

Unwrought aluminium

Manufacture:

— From materials of any heading, except that of the product, and

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

or

Manufacture by thermal or electrolytic treatment from unalloyed aluminium or waste and scrap of aluminium

7602

Aluminium waste or scrap

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

ex  76 16

Aluminium articles other than gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, and expanded metal of aluminium

Manufacture:

— From materials of any heading, except that of the product. However, gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, or expanded metal of aluminium may be used; and

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

Chapter 78

Lead and articles thereof

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

Chapter 79

Zinc and articles thereof

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

Chapter 80

Tin and articles thereof

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

Chapter 81

Other base metals; cermets; articles thereof

Manufacture from materials of any heading

ex Chapter 82

Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal; except for:

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

or

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

8206

Tools of two or more of the headings 8202 to 8205 , put up in sets for retail sale

Manufacture from materials of any heading, except those of headings 8202 to 8205 . However, tools of headings 8202 to 8205 may be incorporated into the set, provided that their total value does not exceed 15 % of the ex-works price of the set

Chapter 83

Miscellaneous articles of base metal

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

or

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

ex Chapter 84

Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof; except for:

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

or

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

8407

Spark-ignition reciprocating or rotary internal combustion piston engines

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

8408

Compression-ignition internal combustion piston engines (diesel or semi-diesel engines

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

8425 to 8430

Pulley tackle and hoists other than skip hoists; winches and capstans; jacks:

Ships' derricks; cranes, including cable cranes; mobile lifting frames, straddle carriers and works trucks fitted with a crane

Fork-lift trucks; other works trucks fitted with lifting or handling equipment

Other lifting, handling, loading or unloading machinery (for example, lifts, escalators, conveyors, teleferics)

Self-propelled bulldozers, angledozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and roadrollers

Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; piledrivers and pile extractors; snowploughs and snowblowers

Manufacture from materials of any heading, except that of the product and heading 8431

or

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

8444 to 8447

Machines for extruding, drawing, texturing or cutting man-made textile materials:

Machines for preparing textile fibres; spinning, doubling or twisting machines and other machinery for producing textile yarns; textile reeling or winding (including weft-winding) machines and machines for preparing textile yarns for use on the machines of heading 8446 or 8447

Weaving machines (looms):

Knitting machines, stitch-bonding machines and machines for making gimped yarn, tulle, lace, embroidery, trimmings, braid or net and machines for tufting

Manufacture from materials of any heading, except that of the product and heading 8448

or

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

8456 to 8465

Machine tools for working any material by removal of material

Machining centres, unit construction machines (single station) and multi-station transfer machines, for working metal

Lathes for removing metal

Machine tools

Manufacture from materials of any heading, except that of the product and heading 8466

or

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

8470 to 8472

Calculating machines and pocket-size data-recording, reproducing and displaying machines with calculating functions; accounting machines, postage- franking machines, ticket-issuing machines and similar machines, incorporating a calculating device; cash registers

Automatic data-processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data

Other office machines

Manufacture from materials of any heading, except that of the product and heading 8473

or

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

ex Chapter 85

Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles; except for:

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

or

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

8501 to 8502

Electric motors and generators

Electric generating sets and rotary converters

Manufacture from materials of any heading, except that of the product and heading 8503

or

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

8519 , 8521

Sound recording or sound reproducing apparatus

Video recording or reproducing apparatus, whether or not incorporating a video tuner

Manufacture from materials of any heading, except that of the product and heading 8522

or

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

8525 to 8528

Transmission apparatus for radio-broadcasting or television, television cameras, digital cameras and video camera recorders

Radar apparatus, radio navigational aid apparatus and radio remote control apparatus

Reception apparatus for radio-broadcasting

Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, or video recording or reproducing apparatus

Manufacture from materials of any heading, except that of the product and heading 8529

or

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

8535 to 8537

Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits; connectors for optical fibres, optical fibre bundles or cables; boards, panels, consoles, desks, cabinets and other bases, for electric control or the distribution of electricity:

Manufacture from materials of any heading, except that of the product and heading 8538

or

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

8542 31 to 8542 39

Monolithic integrated circuits

Diffusion in which integrated circuits are formed on a semi-conductor substrate by the selective introduction of an appropriate dopant assembled or not and/or tested in a non-party

or

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

8544 to 8548

Insulated wire, cable (and other insulated electric conductors, optical fibre cables

Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, of a kind used for electrical purposes

Electrical insulators of any material

Insulating fittings for electrical machines, appliances or equipment, electrical conduit tubing and joints therefor, of base metal lined with insulating material

Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified or included elsewhere in this Chapter

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

Chapter 86

Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds

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

ex Chapter 87

Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof; except for:

Manufacture in which the value of all the materials used does not exceed 45 % of the ex-works price of the product

8708

Parts and accessories for vehicles of headings 8701 to 8705

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

or

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

8711

Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars

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

or

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

Chapter 88

Aircraft, spacecraft, and parts thereof

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

or

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

Chapter 89

Ships, boats and floating structures

Manufacture from materials of any heading, except that of the product; however, hulls of heading 8906 may not be used

or

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

ex Chapter 90

Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof; except for:

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

or

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

9001 50

Spectacle lenses of other materials than glass

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

or

Manufacture in which one of the following operations is made:

— surfacing of the semi-finished lens into a finished ophthalmic lens with optical corrective power meant to be mounted on a pair of spectacles

— coating of the lens through appropriated treatments to improve vision and ensure protection of the wearer

or

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

Chapter 91

Clocks and watches and parts thereof

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

Chapter 92

Musical instruments; parts and accessories of such articles

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

Chapter 93

Arms and ammunition; parts and accessories thereof

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

Chapter 94

Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings

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

or

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

Chapter 95

Toys, games and sports requisites; parts and accessories thereof

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

or

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

Chapter 96

Miscellaneous manufactured articles

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

or

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

Chapter 97

Works of art, collectors' pieces and antiques

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

(1)   

For the special conditions relating to 'specific process(es)', see Introductory Notes 8.1 to 8.3.

(2)   

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(3)   

See Introductory Note 7.

(4)   

See Introductory Note 9.

ANNEX III

TEXT OF THE ORIGIN DECLARATION

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

Albanian version

Eksportuesi i produkteve të mbuluara nga ky dokument (autorizim doganor Nr. … ( 5 )) deklaron që përveç rasteve kur tregohet qartësisht ndryshe, këto produkte janë me origjine preferenciale … ( 6 ) n në përputhje me Rregullat kalimtare të origjinës.

Arabic version

image

Bosnian version

Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. …(1)) izjavljuje da su, osim ako je to drugačije izričito navedeno, ovi proizvodi …(2) preferencijalnog porijekla u skladu sa prijelaznim pravilima porijekla.

Bulgarian version

Износителят на продуктите, обхванати от този документ (митническо разрешение №…(1)), декларира, че освен където ясно е отбелязано друго, тези продукти са с …(2) преференциален произход съгласно преходните правила за произход.

Croatian version

Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. … (1)) izjavljuje da su, osim ako je drukčije izričito navedeno, ovi proizvodi … (2) preferencijalnog podrijetla prema prijelaznim pravilima o podrijetlu.

Czech version

Vývozce výrobků uvedených v tomto dokumentu (číslo povolení … (1)) prohlašuje, že podle přechodných pravidel původu mají tyto výrobky kromě zřetelně označených preferenční původ v … (2).

Danish version

Eksportøren af varer, der er omfattet af nærværende dokument (toldmyndighedernes tilladelse nr. … (1)) erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i … (2) i henhold til overgangsreglerne for oprindelse.

Dutch version

De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. … (1)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële … (2) oorsprong zijn in overeenstemming met de overgangsregels van oorsprong.

English version

The exporter of the products covered by this document (customs authorization No… (1)) declares that, except where otherwise clearly indicated, these products are of … (2) preferential origin according to the transitional rules of origin.

Estonian version

Käesoleva dokumendiga hõlmatud toodete eksportija (tolli kinnitus nr. … (1)) deklareerib, et need tooted on päritolureeglite üleminekueeskirjade kohaselt … (2) sooduspäritoluga, välja arvatud juhul, kui on selgelt näidatud teisiti.

Faeroese version

Útflytarin av vørunum, sum hetta skjal fevnir um (tollvaldsins loyvi nr. … (1)) váttar, át um ikki nakað annað er tilskilað, eru hesar vørur upprunavørur … (2) sambært skiftisreglunum um uppruna.

Finnish version

Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa n:o … (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja… (2) alkuperätuotteita siirtymäkauden alkuperäsääntöjen nojalla.

French version

L’exportateur des produits couverts par le présent document (autorisation douanière no … (1)) déclare que, sauf indication claire du contraire, ces produits ont l’origine préférentielle … (2) selon les règles d’origine transitoires.

German version

Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. … (1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte … (2) Ursprungswaren gemäß den Übergangsregeln für den Ursprung sind.

Georgian version

image

Greek version

Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ’ αριθ. … (1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (2) σύμφωνα με τους μεταβατικούς κανόνες καταγωγής.

Hebrew version

image

Hungarian version

A jelen okmányban szereplő termékek exportőre (vámfelhatalmazási szám: … (1)) kijelentem, hogy eltérő egyértelmű jelzés hiányában a termékek az átmeneti származási szabályok szerint preferenciális … (2) származásúak.

Icelandic version

Útflytjandi framleiðsluvara sem skjal þetta tekur til (leyfi tollyfirvalda nr. … (1)), lýsir því yfir að vörurnar séu, ef annars er ekki greinilega getið, af … (2) uppruna samkvæmt upprunareglum á umbreytingartímabili.

Italian version

L’esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. … (1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale … (2) conformemente alle norme di origine transitorie.

Latvian version

To produktu eksportētājs, kuri ietverti šajā dokumentā (muitas atļauja Nr. … (1)), deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir… (2) preferenciāla izcelsme saskaņā ar pārejas noteikumiem par izcelsmi.

Lithuanian version

Šiame dokumente nurodytų produktų eksportuotojas (muitinės leidimo Nr. … (1)) deklaruoja, kad, jeigu aiškiai nenurodyta kitaip, šie produktai turi … (2) lengvatinės kilmės statusą pagal pereinamojo laikotarpio kilmės taisykles.

Macedonian version

Извозникот на производите што ги покрива овоj документ (царинскo одобрение бр. … (1)) изjавува дека, освен ако тоа не е jасно поинаку назначено, овие производи се со … (2) преференциjaлно потекло, во согласност со преодните правила за потекло.

Maltese version

L-esportatur tal-prodotti koperti minn dan id-dokument (awtorizzazzjoni tad-dwana nru… (1)) jiddikjara li, ħlief fejn indikat mod ieħor b’mod ċar, dawn il-prodotti huma ta’ oriġini preferenzjali … (2) skont ir-regoli ta’ oriġini tranżitorji.

Montenegrin version

Извозник производа обухваћених овом исправом (царинско овлашћење бр. … (1)) изјављује да су, осим ако је другачије изричито наведено, ови производи … (2) преференцијалног пориjекла, у складу са транзиционим правилима поријекла.

Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlašćenje br. … (1)) izjavljuje da su, osim ako je drugačije izričito navedeno, ovi proizvodi … (2) preferencijalnog porijekla u skladu sa tranzicionim pravilima porijekla.

Norwegian version

Eksportøren av produktene omfattet av dette dokument (tollmyndighetenes autorisasjonsnr… (1)) erklærer at disse produktene, unntatt hvor annet er tydelig angitt, har preferanseopprinnelse i henhold til overgangsreglene for opprinnelse …(2).

Polish version

Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr… (1)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają …(2) preferencyjne pochodzenie zgodnie z przejściowymi regułami pochodzenia.

Portuguese version

O exportador dos produtos cobertos pelo presente documento (autorização aduaneira n.o… (1)) declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial … (2) de acordo com as regras de origem transitórias.

Romanian version

Exportatorul produselor care fac obiectul prezentului document (autorizația vamală nr. … (1)) declară că, exceptând cazul în care se indică altfel în mod clar, aceste produse sunt de origine preferențială … (2) în conformitate cu regulile de origine tranzitorii.

Serbian version

Извозник производа обухваћених овом исправом (царинско овлашћење бр. … (1)) изјављује да су, осим ако је другачије изричито наведено, ови производи … (2) преференцијалног порекла, у складу са прелазним правилима о пореклу.

Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlašćenje br… (1)) izjavljuje da su, osim ako je drugačije izričito nаvedeno, ovi proizvodi … (2) preferencijalnog porekla, u skladu sa prelaznim pravilima o poreklu.

Slovak version

Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia … (1)) vyhlasuje, že pokiaľ nie je zreteľne uvedené inak, tieto výrobky majú v súlade s prechodnými pravidlami pôvodu preferenčný pôvod v … (2).

Slovenian version

Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št… (1)), izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno … (2) poreklo v skladu s prehodnimi pravili o poreklu.

Spanish version

El exportador de los productos incluidos en el presente documento (autorización aduanera n.o… (1)) declara que, excepto donde se indique claramente lo contrario, estos productos son de origen preferencial… (2) con arreglo a las normas de origen transitorias.

Swedish version

Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr. … (1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande … (2) ursprung i enlighet med övergångsreglerna om ursprung.

Turkish version

Bu belge kapsamındaki ürünlerin ihracatçısı (gümrük yetki No: … (1)), aksi açıkça belirtilmedikçe, bu ürünlerin geçiș menșe kurallarına göre … (2) tercihli menșeli olduğunu beyan eder.

Ukrainian version

Експортер продукцiї, на яку поширюється цей документ (митний дозвiл № … (1)) заявляє, що, за винятком випадкiв, де це явно зазначено, ця продукцiя має … (2) преференцiйне походження згiдно з перехiдними правилами походження.

(Place and date) ( 7 )

(Signature of the exporter, in addition the name of the person signing the declaration has to be indicated in clear script) ( 8 )

ANNEX IV

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

PRINTING INSTRUCTIONS

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

2. The competent authorities of the Parties may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.

MOVEMENT CERTIFICATE



1.  Exporter (Name, full address, country)

EUR.1

No A

000.000

See notes overleaf before completing this form.

 

2.  Certificate used in preferential trade between

and

(Insert appropriate countries, groups of countries or territories)

3.  Consignee (Name, full address, country) (Optional)

 

4.  Country, group of countries or territory in which the products are considered as originating

5.  Country, group of countries or territory of destination

6.  Transport details (Optional)

7.  Remarks

8.  Item number; Marks and numbers; Number and kind of packages(1); Description of goods

9.  Gross mass (kg) or other measure (litres, m3, etc.)

10.  Invoices (Optional)

11.  CUSTOMS ENDORSEMENT

Declaration certified

Export document (2)

Form … No …

Of …

Customs office …

Issuing country or territory …

Place and date …

(Signature)

Stamp

12.  DECLARATION BY THE EXPORTER

I, the undersigned, declare that the goods described above meet the conditions required for the issue of this certificate.

Place and date

(Signature)

(1)  If goods are not packed, indicate number of articles or state 'in bulk', as appropriate.

(2)  Complete only where the regulations of the exporting country or territory require.

13.  REQUEST FOR VERIFICATION, to

14.  RESULT OF VERIFICATION

 

Verification carried out shows that this certificate (1)

□  was issued by the customs office indicated and that the information contained therein is accurate.

□  does not meet the requirements as to authenticity and accuracy (see remarks appended).

Verification of the authenticity and accuracy of this certificate is requested.

(Place and date)

Stamp

(Signature)

(Place and date)

Stamp

(Signature)

(1)  Insert X in the appropriate box.

NOTES

1.  Certificate must not contain erasures or words written over one another. Any alterations must be made by deleting the incorrect particulars and adding any necessary corrections. Any such alteration must be initialled by the person who completed the certificate and endorsed by the Customs authorities of the issuing country or territory.

2.  No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner as to make any later additions impossible.

3.  Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified.

APPLICATION FOR A MOVEMENT CERTIFICATE



1.  Exporter (Name, full address, country)

EUR.1

No A

000.000

 

See notes overleaf before completing this form.

 

2.  Application for a certificate to be used in preferential trade between

and

(Insert appropriate countries or groups of countries or territories)

3.  Consignee (Name, full address, country) (Optional)

 

4.  Country, group of countries or territory in which the products are considered as originating

5.  Country, group of countries or territory of destination

6.  Transport details (Optional)

7.  Remarks

8.  Item number; Marks and numbers; Number and kind of packages (1) ; Description of goods

9.  Gross mass (kg) or other measure (litres, m3, etc.)

10.  Invoices (Optional)

(1)   

If goods are not packed, indicate number of articles or state 'in bulk', as appropriate.

DECLARATION BY THE EXPORTER

I, the undersigned, exporter of the goods described overleaf,

DECLARE that the goods meet the conditions required for the issue of the attached certificate;

SPECIFY as follows the circumstances which have enable these goods to meet the above conditions:

SUBMIT the following supporting documents ( 9 ):

UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which those authorities may require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspection of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said authorities;

REQUEST the issue of the attached certificate for those goods.

(Place and date)

(Signature)

ANNEX V

SPECIAL CONDITIONS CONCERNING PRODUCTS ORIGINATING IN CEUTA AND MELILLA

Sole Article

1.  

Providing they comply with the non-alteration rule of Article 14 of this Appendix, the following shall be considered as:

(1) 

products originating in Ceuta and Melilla:

(a) 

products wholly obtained in Ceuta and Melilla;

(b) 

products obtained in Ceuta and Melilla in the manufacture of which products other than products wholly obtained in Ceuta and Melilla are used, provided that:

(i) 

the said products have undergone sufficient working or processing within the meaning of Article 4 of this Appendix; or

(ii) 

those products originate in the West Bank and the Gaza Strip or in the European Union, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 6 of this Appendix;

(2) 

products originating in the West Bank and the Gaza Strip:

(a) 

products wholly obtained in the West Bank and the Gaza Strip;

(b) 

products obtained in the West Bank and the Gaza Strip, in the manufacture of which products other than products wholly obtained in the West Bank and the Gaza Strip are used, provided that:

(i) 

those products have undergone sufficient working or processing within the meaning of Article 4 of this Appendix; or

(ii) 

those products originate in Ceuta and Melilla or in the European Union, and they have been submitted to working or processing which goes beyond the operations referred to in Article 6 of this Appendix.

2.  
Ceuta and Melilla shall be considered as a single territory.
3.  
The exporter or his authorised representative shall enter the name of the exporting Party and 'Ceuta and Melilla' in Box 2 of movement certificates EUR.1 or on origin declarations. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in Box 4 of movement certificates EUR.1 or on origin declarations.
4.  
The Spanish customs authorities shall be responsible for the application of these Rules in Ceuta and Melilla.

ANNEX VI

SUPPLIER'S DECLARATION

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

SUPPLIER'S DECLARATION

for goods which have undergone working or processing in applying Contracting Parties without having obtained preferential origin status

I, the undersigned, supplier of the goods covered by the annexed document, declare that:

1. 

The following materials which do not originate in [indicate the name of the relevant applying Contracting Party(ies)] have been used in [indicate the name of the relevant applying Contracting Party(ies)] to produce these goods:



Description of the goods supplied (1)

Description of non-originating materials used

Heading of non-originating materials used (2)

Value of non-originating materials used (3)

 

 

 

 

 

 

 

 

 

 

 

 

Total value

 

(1)   

When the invoice, delivery note or other commercial document to which the declaration is annexed relates to different kinds of goods, or to goods which do not incorporate non-originating materials to the same extent, the supplier must clearly differentiate them.


Example:


The document relates to different models of electric motor of heading 8501 to be used in the manufacture of washing machines of heading 8450 . The nature and value of the non-originating materials used in the manufacture of those motors differ from one model to another. The models must therefore be differentiated in the first column and the indications in the other columns must be provided separately for each of the models to make it possible for the manufacturer of washing machines to make a correct assessment of the originating status of his products depending on which model of electrical motor he uses.

(2)   

The indications requested in those columns should only be given if they are necessary.


Examples:


The rule for garments of ex Chapter 62 says Weaving combined with making-up including cutting of fabric may be used. If a manufacturer of such garments in an applying Contracting Party uses fabric imported from the European Union which has been obtained there by weaving non-originating yarn, it is sufficient for the European Union supplier to describe in his declaration the non-originating material used as yarn, without it being necessary to indicate the heading and value of such yarn.


A producer of iron of heading 7217 who has produced it from non-originating iron bars should indicate in the second column 'bars of iron'. Where this wire is to be used in the production of a machine, for which the rule contains a limitation for all non-originating materials used to a certain percentage value, it is necessary to indicate in the third column the value of non-originating bars.

(3)   

'Value of materials' means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in [indicate the name of the relevant applying Contracting Party(ies)].


The exact value for each non-originating material used must be given per unit of the goods specified in the first column.

2. 

All the other materials used in [indicate the name of the relevant applying Contracting Party(ies)] to produce those goods originate in [indicate the name of the relevant applying Contracting Party(ies)];

3. 

The following goods have undergone working or processing outside [indicate the name of the relevant applying Contracting Party(ies)] in accordance with Article 13 of this Appendix and have acquired the following total added value there:



Description of the goods supplied

Total added value acquired outside [indicate the name of the relevant applying Contracting Party(ies)] (1)

 

 

 

 

 

 

 

(Place and date)

 

 

 

 

 

 

 

(Address and signature of the supplier; in addition the name of the person signing the declaration has to be indicated in clear script)

(1)   

'Total added value' shall mean all costs accumulated outside [indicate the name of the relevant applying Contracting Party(ies)], including the value of all materials added there. The exact total added value acquired outside [indicate the name of the relevant applying Contracting Party(ies)] must be given per unit of the goods specified in the first column.

ANNEX VII

LONG-TERM SUPPLIER'S DECLARATION

The long-term supplier's declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

LONG-TERM SUPPLIER'S DECLARATION

for goods which have undergone working or processing in an applying Contracting Party without having obtained preferential origin status

I, the undersigned, supplier of the goods covered by the annexed document, which are regularly supplied to ( 10 ) …, declare that:

1. 

The following materials which do not originate in [indicate the name of the relevant applying Contracting Party(ies)] have been used in [indicate the name of the relevant applying Contracting Party(ies)] to produce these goods:



Description of the goods supplied (1)

Description of non-originating materials used

Heading of non-originating materials used (2)

Value of non-originating materials used (3)

 

 

 

 

 

 

 

 

 

 

 

 

Total value

 

(1)   

When the invoice, delivery note or other commercial document to which the declaration is annexed relates to different kinds of goods, or to goods which do not incorporate non-originating materials to the same extent, the supplier must clearly differentiate them.


Example:


The document relates to different models of electric motor of heading 8501 to be used in the manufacture of washing machines of heading 8450 . The nature and value of the non-originating materials used in the manufacture of those motors differ from one model to another. The models must therefore be differentiated in the first column and the indications in the other columns must be provided separately for each of the models to make it possible for the manufacturer of washing machines to make a correct assessment of the originating status of his products depending on which model of electrical motor he uses.

(2)   

The indications requested in these columns should only be given if they are necessary.


Examples:


The rule for garments of ex Chapter 62 says Weaving combined with making-up including cutting of fabric may be used. If a manufacturer of such garments in an applying Contracting Party uses fabric imported from the European Union which has been obtained there by weaving non-originating yarn, it is sufficient for the European Union supplier to describe in his declaration the non-originating material used as yarn, without it being necessary to indicate the heading and value of such yarn.


A producer of iron of heading 7217 who has produced it from non-originating iron bars should indicate in the second column 'bars of iron'. Where this wire is to be used in the production of a machine, for which the rule contains a limitation for all non-originating materials used to a certain percentage value, it is necessary to indicate in the third column the value of non-originating bars.

(3)   

'Value of materials' means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in [indicate the name of the relevant applying Contracting Party(ies)].


The exact value for each non-originating material used must be given per unit of the goods specified in the first column.

2. 

All the other materials used in [indicate the name of the relevant applying Contracting Party(ies)] to produce those goods originate in [indicate the name of the relevant applying Contracting Party(ies)];

3. 

The following goods have undergone working or processing outside [indicate the name of the relevant applying Contracting Party(ies)] in accordance with Article 13 of this Appendix and have acquired the following total added value there:



Description of the goods supplied

Total added value acquired outside [indicate the name of the relevant applying Contracting Party(ies)] (1)

 

 

 

 

 

 

(1)   

'Total added value' shall mean all costs accumulated outside [indicate the name of the relevant applying Contracting Party(ies)], including the value of all materials added there. The exact total added value acquired outside [indicate the name of the relevant applying Contracting Party(ies)] must be given per unit of the goods specified in the first column.

This declaration is valid for all subsequent consignments of those goods dispatched from…

to… ( 11 )

I undertake to inform …(1) immediately if this declaration is no longer valid.



 

(Place and date)

 

 

 

(Address and signature of the supplier; in addition the name of the person signing the declaration has to be indicated in clear script)

▼B

FINAL ACT



The plenipotentiaries of

the EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’,

of the one part, and

the plenipotentiaries of

the PALESTINE LIBERATION ORGANIZATION (PLO) FOR THE BENEFIF OF THE PALESTINIAN AUTHORITY OF THE WEST BANK AND THE GAZA STRIP,

hereinafter referred to as ‘the Palestinian Authority’,

of the other part,

meeting at Brussels on 24 February 1997 for the signature of the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, hereinafter referred to as ‘Euro-Mediterranean Interim Association Agreement’ have adopted the following texts:



the Euro-Mediterranean Interim Association Agreement, the Annexes thereto and the following Protocols:

Protocol 1

concerning the provisional arrangements applicable to imports into the European Union of agricultural products, processed agricultural products and fish and fishery products originating in the West Bank and the Gaza Strip,

Protocol 2

on the arrangements applying to imports into the West Bank and the Gaza Strip of agricultural products, processed agricultural products and fish and fishery products originating in the European Union,

Protocol 3

concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation.

The plenipotentiaries of the Community and the plenipotentiaries of the Palestinian Authority have adopted the texts of the Declarations listed below and annexed to this Final Act:

Joint Declaration on intellectual, industrial and commercial property (Article 33 of the Agreement),
Joint Declaration on Article 55 of the Agreement,
Joint Declaration on Article 58 of the Agreement,
Joint Declaration on decentralized cooperation,
Joint Declaration on Article 67 of the Agreement,
Joint Declaration on Article 70 of the Agreement,
Joint Declaration on data protection,
Joint Declaration on a programme of support for Palestinian industry,

and, as regards Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, the following Joint Declarations:

1. 

Joint Declaration concerning the Principality of Andorra;

2. 

Joint Declaration concerning the Republic of San Marino.

The plenipotentiaries of the Community and the plenipotentiaries of the Palestinian Authority have also taken note of the Agreement in the form of an exchange of letters mentioned below and attached to this Final Act:

Agreement in the form of an exchange of letters between the Community and the Palestinian Authority relating to Article 1 of Protocol 1 and concerning imports into the Community of fresh cut flowers and flower buds falling within subheading 0603 10 of the Common Customs Tariff.

The plenipotentiaries of the Palestinian Authority have taken note of the Declaration by the European Community mentioned below and annexed to this Final Act:

Declaration on cumulation of origin.

Hecho en Bruselas, el veinticuatro de febrero de mil novecientos noventa y siete.

Udfærdiget i Bruxelles den fireogtyvende februar nitten hundrede og syv og halvfems.

Geschehen zu Brüssel am vierundzwanzigsten Februar neunzehnhundertsiebenundneunzig.

Έγινε στις Βρυξέλλες, στις είκοσι τέσσερις Φεβρουαρίου χίλια εννιακόσια ενενήντα επτά.

Done at Brussels on the twenty-fourth day of February in the year one thousand nine hundred and ninety-seven.

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

Fatto a Bruxelles, addì ventiquattro febbraio millenovecentonovantasette.

Gedaan te Brussel, de vierentwintigste februari negentienhonderd zevenennegentig.

Feito em Bruxelas, em vinte e quatro de Fevereiro de mil novecentos e noventa e sete.

Tehty Brysselissä kahdentenakymmenentenäneljäntenä päivänä helmikuuta vuonna tuhat- yhdeksänsataayhdeksänkymmentäseitsemän.

Som skedde i Bryssel den tjugofjärde februari nittonhundranittiosju.

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Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

signatory

signatory

signatory

JOINT DECLARATIONS

Joint Declaration on intellectual, industrial and commercial property (Article 33 of the Agreement)

For the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programmes, and neighbouring rights, patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits, as well as protection against unfair competition as referred to in Article 10a of the Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967) and protection of undisclosed information on ‘know-how’.

Joint Declaration on Article 55 of the Agreement

The Parties reaffirm their commitment to the Middle East Peace Process and their belief that peace should be consolidated through regional cooperation. The Community is prepared to support joint development projects submitted by the Palestinian Authority and other regional parties, subject to relevant Community technical and budgetary procedures.

The Parties reaffirm that the Agreement forms part of the process launched at the Barcelona Conference of 27 November 1995 and that the bilateral cooperation between the European Community and the Palestinian Authority is complementary to the regional cooperation taking place in the context of the Euro-Mediterranean Partnership.

Joint Declaration on Article 58 of the Agreement

The Parties agree that access to employment will not be included in the framework of youth exchange programmes.

Joint Declaration on decentralized cooperation

The Parties reaffirm the importance they attach to decentralized cooperation programmes as a means of encouraging exchanges of experience and transfer of knowledge in the Mediterranean region and between the European Community and its Mediterranean partners.

Joint Declaration on Article 67 of the Agreement

When the arbitration procedure is applied, the Parties will endeavour to ensure that the Joint Committee appoints a third arbitrator within two months of the appointment of the second arbitrator.

Joint Declaration on Article 70 of the Agreement

1. The Parties agree, for the purposes of the interpretation and the application of the Agreement, that the cases of special urgency referred to in Article 70 of the Agreement mean cases of substantial violation of the Agreement by one of the two Parties. A substantial violation of the Agreement consists of:

— 
the rejection of the Agreement when such rejection is not authorized by the general rules of international law,
— 
the violation of the essential elements of the Agreement set out in Article 2 thereof.

2. The Parties agree that the appropriate measures referred to in Article 70 are measures taken in accordance with international law. If one Party takes a measure in a case of special urgency in application of Article 70 the other Party may invoke the dispute settlement procedure.

Joint Declaration on data protection

The Parties agree that the protection of data will be guaranteed in all areas where the exchange of personal data is envisaged.

Joint Declaration on a programme of support for Palestinian industry

The Parties agree that a programme of support will be put at the disposal of Palestinian industry, designed to nurture and develop the capacity of the Palestinian industrial sector.

The Community extends access to start-up funding and to capital to Palestinian businesses in the West Bank and the Gaza Strip. This includes the European Community Investment Partners programme (ECIP), which provides assistance for business start-up costs, such as feasibility studies and technical assistance, and in some cases, access to funding for joint ventures. Loan funding, particularly for small and medium-sized enterprises, through a revolving fund administered by the Palestinian Development Fund, is also available on the basis of grants provided by the Community. The European Investment Bank extends loan funding and risk capital to Palestinian business through local banks.

The Community has established the Centre for Private Development in the West Bank and the Gaza Strip, in order to provide support, training and advice to Palestinian industry, in business start-up and planning, business management, strategy and marketing.

The Community recognizes that Palestinian industry must seek markets abroad. The present Agreement therefore permits duty-free access of Palestinian industrial products to European Community markets. The Palestinian Enterprise Centre, and, within it, the Euro-Info Centre, are therefore available to promote and facilitate contacts and joint ventures between European and Palestinian industry, through partnership events (the Euro-Partenariat, Med-Partenariat and Med-Enterprise schemes) and a variety of other means (such as the ВС Net and BRE networks), which from time to time become available.

The Community also recognizes that Palestinian industry has suffered from a lack of basic economic infrastructure. Noting that, in the context of the assistance provided by the Community for the development of the West Bank and the Gaza Strip, part of this assistance may be provided in support of Palestinian industry, the Community will consider requests from the Palestinian Authority that a proportion of these funds, as grants or loans, may be devoted to the rehabilitation of vital economic infrastructures.

In the framework of the economic cooperation provided for under the current Agreement, the two Parties will have regular exchanges of views in order to establish how the range of support mechanisms described in this Declaration, as well as any others which may become available, may most effectively be combined to provide the most appropriate support to Palestinian industry.

Joint Declaration concerning the Principality of Andorra

1. Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonized System shall be accepted by the Palestinian Authority as originating in the Community within the meaning of this Agreement.

2. Protocol 3 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 the Palestinian Authority as originating in the Community within the meaning of this Agreement.

2. Protocol 3 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products.

▼M1 —————

▼B

DECLARATION BY THE EUROPEAN COMMUNITY

Declaration on cumulation of origin

In line with political developments, if and when the Palestinian Authority and one or more Mediterranean countries conclude Agreements to establish free trade among themselves, the European Community is prepared to implement cumulation of origin in its trade arrangements with those countries.

▼M3

COMMON DECLARATION

COOPERATION ON SANITARY AND PHYTOSANITARY OR TECHNICAL BARRIERS TO TRADE ISSUES

The Parties shall solve any problems, in particular sanitary, phytosanitary or technical barriers to trade, hindering the implementation of this Agreement, by means of existing administrative arrangements. The results shall then be reported to the relevant Sub-committees and to the Joint Committee. The Parties commit to examine and solve such cases with the shortest possible delay in a friendly manner, in line with their respective applicable laws and with WTO, OIE, IPPC and Codex Alimentarius standards.



( 1 )  OJ L 299, 16.11.2007, p. 1.

( 2 )  OJ L 54, 26.2.2013, p. 4.

( 3 ) The parties agree to waive the obligation to include in the proof of origin the statement referred to in Article 8(3).

( 4 )  OJ L 302, 15.11.1985, p. 23.

( 5 ) 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.

( 6 ) 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'.

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

( 8 ) In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.

( 9 ) For example: import documents, movement certificates, invoices, manufacturer's declarations, etc., referring to the products used in manufacture or to the goods re-exported in the same state.

( 10 ) Name and address of the customer.

( 11 ) Insert dates. The period of validity of the long-term supplier's declaration should not normally exceed 24 months, subject to the conditions laid down by the customs authorities of the applying Contracting Party where the long-term supplier's declaration is made out.

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