Annexes to COM(2018)461 - Association of the Overseas Countries and Territories with the EU including relations between the EU and Greenland and Denmark ('Overseas Association Decision') - Main contents
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| dossier | COM(2018)461 - Association of the Overseas Countries and Territories with the EU including relations between the EU and Greenland and ... |
|---|---|
| document | COM(2018)461  |
| date | October 5, 2021 |
(7) Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (OJ L 433 I, 22.12.2020, p. 28).
(8) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
(9) Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU and repealing Regulation (EU) 2017/1601 and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1).
(10) OJ L 123, 12.5.2016, p. 1.
(11) Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30).
(12) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(13) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
(14) Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p. 1).
(15) Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.96, p. 2).
(16) Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
(17) Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
(18) Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).
(19) The term ‘territories’ means the 12 UK OCTs which were listed in Annex II to the TFEU at the time of the notification received by the European Council on 29 March 2017 of the UK’s withdrawal from the European Union and Euratom based on Article 50 TEU.
(20) Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) (OJ L 210, 31.7.2006, p. 19).
(21) OJ L 39, 16.2.1993, p. 3.
(22) OJ L 75, 19.3.2015, p. 4.
(23) Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (OJ L 141, 5.6.2015, p. 1).
(24) Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433 I, 22.12.2020, p. 11).
(25) The term ‘territories’ means the 12 UK OCTs which were listed in Annex II to the TFEU at the time of the notification received by the European Council on 29 March 2017 of the UK’s withdrawal from the European Union and Euratom based on Article 50 TEU.
(26) Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (OJ L 163, 2.7.1996, p. 1).
(27) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
(28) Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).
TABLE OF CONTENTS
| ANNEX I: | UNION FINANCIAL ASSISTANCE |
| ANNEX II: | CONCERNING THE DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’ AND METHODS OF ADMINISTRATIVE COOPERATION |
| TITLE I: | General provisions |
| TITLE II: | Definition of the concept of originating products |
| TITLE III: | Territorial requirements |
| TITLE IV: | Proofs of origin |
| TITLE V: | Arrangements for administrative cooperation |
| TITLE VI: | Ceuta and Melilla |
| TITLE VII: | Final provisions |
Appendices I to VI
| ANNEX III: | TEMPORARY WITHDRAWAL OF PREFERENCES |
| ANNEX IV: | SAFEGUARD AND SURVEILLANCE PROCEDURES |
ANNEX I
UNION FINANCIAL ASSISTANCE
Article 1
Allocation between the OCTs
1. For the purposes of this Decision, for the seven-year period from 1 January 2021 to 31 December 2027, the overall amount of the Union financial assistance of EUR 500 000 000 in current prices shall be allocated as follows:
| (a) | EUR 164 000 000 in the form of grants for bilateral programmable support for the long-term development of OCTs other than Greenland, in particular to finance the initiatives referred to in the programming document. Where appropriate, the programming document shall pay particular attention to actions aimed at strengthening governance and the institutional capacities of the beneficiary OCTs and, where relevant, the likely timetable of the envisaged actions. This amount shall be allocated on the basis of the specificities, needs, development level and performance of the OCTs in accordance with a limited set of specific and transparent criteria, taking into account the population, Gross Domestic Product (GDP), poverty and inequality, the level of previous allocations, the OCTs’ absorption capacities and constraints due to the geographical isolation of OCTs as mentioned in Article 9; |
| (b) | EUR 225 000 000 in the form of grants for bilateral programmable support for the long term development of Greenland, in particular to finance the initiative referred to in the programming document; |
| (c) | EUR 76 000 000 shall be allocated to support OCT regional programmes of which EUR 15 000 000 could support intra-regional operations, Greenland being eligible only for the intra-regional operations. This cooperation shall be implemented in coordination with Article 7, in particular regarding the areas of mutual interest referred to in Article 5 and through consultation via the instances of the EU-OCTs partnership referred to in Article 14. Coordination shall be sought with other relevant Union financial programmes and instruments and in particular the outermost regions referred to in Article 349 TFEU; |
| (d) | EUR 22 000 000 for studies or technical assistance measures for all the OCTs including Greenland, in accordance with Article 80 (1); |
| (e) | EUR 13 000 000 to a non-allocated fund for all the OCTs including Greenland to inter alia:
|
The amount of the non-allocated fund referred to in point (e) of the first subparagraph shall be increased by the cumulative net reflows stemming from the OCT Investment Facility set out in Article 3(3) of Annex IV of Decision 2013/755/EU. These reflows shall be added as annual top-ups, from the moment they become available, and shall be designated as external assigned revenues.
2. The Commission, following a mid-term review of the implementation of this Decision, may decide on the allocation of any non-allocated funds mentioned in this Article, including to the territorial allocations.
3. The funds shall not be committed after 31 December 2027, unless the Council unanimously decides otherwise, on a proposal from the Commission.
Article 2
Administration of resources
All financial resources under this Decision shall be administered by the Commission.
Article 3
Indicators
The achievement of the objectives set out in Article 3(5) of this Decision shall be measured by:
| 1. | For OCTs, except Greenland, exports of goods and services as % of GDP and total Government revenue as % of GDP. |
| 2. | For Greenland, exports of goods and services as % of GDP and percentage of the fisheries sector in total exports. |
(1) Out of this amount, EUR 9 725 000 are reserved for the Commission to cover technical and/or administrative assistance and expenditure in support of the implementation of the Union programmes and/or actions, indirect research, direct research.
ANNEX II
CONCERNING THE DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’ AND METHODS OF ADMINISTRATIVE COOPERATION
TITLE I
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Annex the following definitions apply:
| (a) | ‘EPA countries’ means regions or states which are part of the African, Caribbean and Pacific (ACP) Group of States and which have concluded agreements establishing, or leading to the establishment of an Economic Partnership Agreement (EPA), where such an EPA is either provisionally applied, or enters into force, whichever is the earlier; |
| (b) | ‘manufacture’ means any kind of working or processing including assembly; |
| (c) | ‘material’ means any ingredient, raw material, component or part, etc., used in the manufacture of the product; |
| (d) | ‘product’ means the product being manufactured, even if it is intended for later use in another manufacturing operation; |
| (e) | ‘goods’ means both materials and products; |
| (f) | ‘fungible materials’ means materials that are of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished from one another once they are incorporated into the finished product; |
| (g) | ‘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); |
| (h) | ‘value of materials’ in the list in Appendix I 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 OCT. Where the value of the originating materials used needs to be established, this point shall be applied mutatis mutandis; |
| (i) | ‘ex-works price’ means the price paid for the product ex-works to the manufacturer 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 actual price paid does not reflect all costs related to the manufacturing of the product which are actually incurred in the OCT, 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. For the purposes of this definition, where the last working or processing has been subcontracted to a manufacturer, the term ‘manufacturer’ referred to in the first subparagraph of this point may refer to the enterprise that has employed the subcontractor; |
| (j) | ‘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; |
| (k) | ‘net weight’ means the weight of the goods themselves without packing materials and packing containers of any kind; |
| (l) | ‘chapters’, ‘headings’ and ‘subheadings’ mean the chapters, the headings and subheadings (four- or six-digit codes) used in the nomenclature which makes up the Harmonized Commodity Description and Coding System (‘Harmonized System’) with the changes pursuant to the Recommendation of 26 June 2004 of the Customs Cooperation Council; |
| (m) | ‘classified’ refers to the classification of a product or material under a particular heading or subheading; |
| (n) | ‘consignment’ means products which are either:
|
| (o) | ‘exporter’ means a person exporting the goods to the Union or to an OCT who is able to prove the origin of the goods, whether or not the person is the manufacturer and whether or not they themselves carry out the export formalities; |
| (p) | ‘registered exporter’ means an exporter who is registered with the competent authorities of the OCT concerned for the purpose of making out statements on origin for the purpose of exporting under this Decision; |
| (q) | ‘statement on origin’ means a statement made out by the exporter indicating that the products covered by it comply with the rules of origin of this Annex, for the purpose of allowing either the person declaring the goods for release for free circulation in the Union to claim the benefit of preferential tariff treatment or the economic operator in an OCT importing materials for further processing in the context of cumulation rules to prove the originating status of such goods; |
| (r) | ‘GSP country’ means a GSP beneficiary country as defined in point (d) of Article 2 of Regulation (EU) No 978/2012 of the European Parliament and of the Council (1); |
| (s) | ‘REX system’ means the system for registering exporters authorised to certify the origin of goods set up under Article 80(1) of Implementing Regulation (EU) 2015/2447. |
TITLE II
DEFINITION OF THE CONCEPT OF ORIGINATING PRODUCTS
Article 2
General requirements
1. The following products shall be considered as originating in an OCT:
| (a) | products wholly obtained in an OCT within the meaning of Article 3 of this Annex; |
| (b) | products obtained in an OCT incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing within the meaning of Article 4 of this Annex. |
2. Originating products made up of materials wholly obtained or sufficiently worked or processed in two or more OCTs shall be considered to be products originating in the OCT where the last working or processing took place.
Article 3
Wholly obtained products
1. The following shall be considered to have been wholly obtained in an OCT:
| (a) | mineral products extracted from its soil or from its seabed; |
| (b) | 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 and molluscs are born and raised there; |
| (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 the 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 any territorial sea but where it has exclusive exploitation rights; |
| (m) | goods produced there exclusively from products specified in points (a) to (l). |
2. The terms ‘its vessels’ and ‘its factory ships’ in points (h) and (i) of paragraph 1 shall apply only to vessels and factory ships which meet each of the following requirements:
| (a) | they are registered in an OCT or in a Member State; |
| (b) | they sail under the flag of an OCT or of a Member State; |
| (c) | they meet one of the following conditions:
|
3. The conditions of paragraph 2 may each be fulfilled in Member States or in different OCTs. In that case, the products shall be deemed to have the origin of the OCT where the vessel or factory ship is registered in accordance with point (a) of paragraph 2.
Article 4
Sufficiently worked or processed products
1. Without prejudice to Articles 5 and 6 of this Annex, products which are not wholly obtained in an OCT within the meaning of Article 3 of this Annex shall be considered to originate there, provided that the conditions laid down in the list in Appendix I for the goods concerned are fulfilled.
2. If a product which has acquired originating status in an OCT in accordance with paragraph 1 is further processed in that OCT and 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, in order to take into account fluctuations in costs and currency rates, the value of the non-originating materials may be calculated on an average basis as set out in paragraph 4.
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 product 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 product over the preceding fiscal year as defined in the country of export, 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 calculations 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
Insufficient working or processing operations
1. Without prejudice to paragraph 3 of this Article, the following operations shall be considered to be insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 4 of this Annex 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 and textile articles; |
| (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; mixing of sugar with any material; |
| (n) | simple addition of water or dilution or dehydration or denaturation of products; |
| (o) | simple assembly of parts of articles to constitute a complete article or disassembly of products into parts; |
| (p) | a combination of two or more of the operations specified in points (a) to (o); |
| (q) | slaughter of animals. |
2. For the purposes of paragraph 1, operations shall be considered simple when neither special skills nor machines, apparatus or tools especially produced or installed for those operations are required for their performance.
3. All the operations carried out in an OCT 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 6
Tolerances
1. By way of derogation from Article 4 of this Annex and subject to paragraphs 2 and 3 of this Article, non-originating materials which, according to the conditions set out in the list in Appendix I are not to be used in the manufacture of a given product may nevertheless be used, provided that their total value or net weight assessed for the product does not exceed:
| (a) | 15 % of the weight of the product for products 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 other products, except for products falling within Chapters 50 to 63, for which the tolerances mentioned in Notes 6 and 7 of Appendix I shall apply. |
2. Paragraph 1 of this Article shall not allow that any of the percentages for the maximum content of non-originating materials as specified in the rules laid down in the list in Appendix I are exceeded.
3. Paragraphs 1 and 2 of this Article shall not apply to products wholly obtained in an OCT within the meaning of Article 3 of this Annex. However, without prejudice to Article 5 and Article 11(2) of this Annex, the tolerance provided for in paragraphs 1 and 2 of this Article shall nevertheless apply to the sum of all the materials which are used in the manufacture of a product and for which the rule laid down in the list in Appendix I for that product requires that such materials be wholly obtained.
Article 7
Bilateral cumulation
1. Without prejudice to Article 2 of this Annex, materials originating in the Union shall be considered to be materials originating in an OCT when incorporated into a product obtained there, provided that they have undergone working or processing which goes beyond the operations referred to in Article 5(1) of this Annex.
2. Without prejudice to Article 2 of this Annex, working or processing carried out in the Union shall be considered to have been carried out in an OCT when the materials undergo subsequent working or processing there.
3. For the purposes of cumulation as provided for in this Article, the origin of the materials shall be established in accordance with this Annex.
Article 8
Cumulation with EPA countries
1. Without prejudice to Article 2 of this Annex, materials originating in the EPA countries shall be considered to be materials originating in an OCT when incorporated into a product obtained there, provided that they have undergone working or processing which goes beyond the operations referred to in Article 5(1) of this Annex.
2. Without prejudice to Article 2 of this Annex, working or processing carried out in the EPA countries shall be considered to have been carried out in an OCT when the materials undergo subsequent working or processing there.
3. For the purposes of paragraph 1, the origin of the materials originating in an EPA country shall be determined in accordance with the rules of origin applicable to the EPA concerned and relevant provisions on proofs of origin and administrative cooperation.
The cumulation provided for in this Article shall not apply to materials originating in the Republic of South Africa which cannot be imported directly in the Union duty-free-quota-free in the framework of the EPA between the Union and the Southern African Development Community (SADC).
4. The cumulation provided for in this Article may only be applied provided that:
| (a) | the EPA country supplying the materials and the OCT manufacturing the final product have undertaken to:
|
| (b) | the undertakings referred to in point (a) have been notified to the Commission by the OCT involved. |
5. Where EPA countries have already complied with paragraph 4 before 1 January 2014, a new undertaking shall not be required.
Article 9
Cumulation with other countries benefitting from duty-free quota-free access to the market of the Union under the Generalised System of Preferences
1. Without prejudice to Article 2 of this Annex, materials originating in countries and territories set out in paragraph 2 of this Article shall be considered to be materials originating in an OCT when incorporated into a product obtained there, provided they have undergone working or processing which goes beyond the operations referred to in Article 5(1) of this Annex.
2. For the purposes of paragraph 1 of this Article, materials shall originate from a country or territory:
| (a) | benefitting from the special arrangement for the least-developed countries of the Generalised System of Preferences (‘GSP’), referred to in point (c) of Article 1(2) of Regulation (EU) No 978/2012; or |
| (b) | benefitting from duty-free quota-free access to the market of the Union at Harmonized System 6-digit level under the general arrangement of the GSP, referred to in point (a) of Article 1(2) of Regulation (EU) No 978/2012. |
3. The origin of the materials of the countries or territories concerned shall be determined according to the rules of origin laid down, pursuant to Article 33 of Regulation (EU) No 978/2012, in Commission Delegated Regulation (EU) 2015/2446 (2).
4. The cumulation provided for in paragraph 1 of this Article shall not apply to the following:
| (a) | materials which at importation to the Union are subject to antidumping or countervailing duties when originating from the country which is subject to these antidumping or countervailing duties; |
| (b) | tuna products classified under Chapters 3 and 16 which are covered by Article 7 of Regulation (EU) No 978/2012, and subsequent amending and corresponding legal acts; |
| (c) | materials which are covered by Articles 8 and 22 to 30 of Regulation (EU) No 978/2012, and subsequent amending and corresponding legal acts. |
The competent authorities of the OCTs shall notify the Commission on an annual basis of the materials, if any, to which cumulation under paragraph 1 of this Article has been applied.
5. The cumulation provided for in paragraph 1 of this Article may only be applied provided that:
| (a) | the countries or territories involved in the cumulation have undertaken to comply or ensure compliance with this Annex and to provide the administrative cooperation necessary to ensure the correct implementation of this Annex, both with regard to the Union and between themselves; |
| (b) | the undertaking referred to in point (a) of this paragraph has been notified to the Commission by the OCT concerned. |
6. The Commission shall publish in the Official Journal of the European Union (C series) the date on which the cumulation provided for in this Article may be applied with the countries or territories referred to in this Article which have fulfilled the necessary requirements.
Article 10
Extended cumulation
1. The Commission may grant, at the request of an OCT, cumulation of origin between an OCT and a country with which the Union has a free-trade agreement in accordance with Article XXIV of the General Agreement on Tariffs and Trade (GATT) in force, provided that the following conditions are met:
| (a) | the countries or territories involved in the cumulation have undertaken to:
|
| (b) | the undertaking referred to in point (a) has been notified to the Commission by the OCT concerned. |
The Commission, taking into account the risk of trade circumvention and specific sensitivities of materials to be used in cumulation, may establish additional conditions for granting the cumulation requested.
2. The request referred to in the first subparagraph of paragraph 1 shall:
| (a) | be addressed to the Commission in writing; |
| (b) | indicate the third country or countries concerned; |
| (c) | contain a list of the materials subject to cumulation; and |
| (d) | be supported by evidence that the conditions laid down in points (a) and (b) of paragraph 1 are met. |
3. The origin of the materials used and the documentary proof of origin shall be determined in accordance with the rules laid down in the relevant free-trade agreement. The origin of the products to be exported to the Union shall be determined in accordance with the rules of origin laid down in this Annex.
4. In order for the obtained product to acquire originating status, it shall not be necessary that the materials originating in the third country and used in the OCT in the manufacture of the product to be exported to the Union have undergone sufficient working or processing, provided that the working or processing carried out in the OCT concerned goes beyond the operations described in Article 5(1) of this Annex.
5. The Commission shall publish in the Official Journal of the European Union (C series) the date on which the extended cumulation takes effect, the Union’s free trade agreement partner involved in that cumulation, the applicable conditions and the list of materials in relation to which the cumulation applies.
6. The Commission shall adopt a measure granting the cumulation referred to in paragraph 1 of this Article by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2) of this Annex.
Article 11
Unit of qualification
1. The unit of qualification for the application of this Annex shall be the particular product which is considered to be the basic unit when determining classification using the Harmonized System.
2. When a consignment consists of a number of identical products classified under the same heading, each individual item shall be taken into account when applying this Annex.
3. Where, under general rule 5 of the Harmonized System, packaging is included with the product for classification purposes, it shall be included for the purpose of determining origin.
Article 12
Accessories, spare parts and tools
Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle which are part of the normal equipment and included in the ex-works price thereof, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.
Article 13
Sets
Sets, as defined in General Rule 3 for the interpretation of the Harmonized System, shall be regarded as originating when all the component products are originating products.
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 14
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 15
Accounting segregation
1. If originating and non-originating fungible materials are used in the working or processing of a product, the customs authorities of the Member States may, at the written request of economic operators, authorise the management of materials in the Union using the accounting segregation method for the purposes of subsequent export to an OCT within the framework of bilateral cumulation, without keeping the materials on separate stocks.
2. The customs authorities of the Member States may make the granting of authorisation referred to in paragraph 1 subject to any conditions they deem appropriate.
The authorisation shall be granted only if by use of the method referred to in paragraph 3 it can be ensured that, at any time, the number of products obtained which could be considered as originating in the Union is the same as the number that would have been obtained by using a method of physical segregation of the stocks.
If authorised, the method shall be applied and the application thereof shall be recorded on the basis of the general accounting principles applicable in the Union.
3. The beneficiary of the method referred to in paragraph 2 shall make out or, until the application of the REX system, apply for proofs of origin for the quantity of products which may be considered as originating in the Union. At the request of the customs authorities of the Member States, the beneficiary shall provide a statement of how the quantities have been managed.
4. The customs authorities of the Member States shall monitor the use made of the authorisation referred to in paragraph 1.
They may withdraw the authorisation in the following cases:
| (a) | the beneficiary makes improper use of the authorisation in any manner whatsoever; or |
| (b) | the beneficiary fails to fulfil any of the other conditions laid down in this Annex. |
Article 16
Derogations
1. Upon the Commission’s initiative or in response to a request from a Member State or an OCT, an OCT may be granted a temporary derogation from this Annex in any of the following cases:
| (a) | internal or external factors temporarily deprive it of the ability to comply with the rules for the acquisition of origin provided for in Article 2 of this Annex where it could do so previously; |
| (b) | it requires time to prepare itself to comply with the rules for the acquisition of origin provided for in Article 2 of this Annex; |
| (c) | the development of existing industries or the creation of new industries justifies it. |
2. The request referred to in paragraph 1 of this Article shall be addressed to the Commission in writing, by means of the form set out in Appendix II. It shall state the reasons for the request and shall contain appropriate supporting documents.
3. The examination of requests shall in particular take into account:
| (a) | the level of development or the geographical situation of the OCT concerned, having particular regard to the economic and social impact of the decision to be taken especially in respect of employment; |
| (b) | cases where the application of the existing rules of origin would significantly affect the ability of an existing industry in the OCT concerned to continue its exports to the Union, with particular reference to cases where this could lead to cessation of its activities; |
| (c) | specific cases where it can be clearly demonstrated that significant investment in an industry could be deterred by the rules of origin and where a derogation favouring the realisation of the investment programme would enable those rules to be satisfied in stages. |
4. The Commission shall respond positively to all the requests which are duly justified in conformity with this Article and which cannot cause serious injury to an established Union industry.
5. The Commission shall take the steps necessary to ensure that a decision is reached as quickly as possible and shall endeavour to adopt its position within 75 working days of its receipt of the request.
6. The temporary derogation shall be limited to the duration of the effects of the internal or external factors giving rise to it or to the length of time needed for the OCT to achieve compliance with the rules or to fulfil the targets which have been set by the derogation, taking into account the particular situation of the OCT concerned and its difficulties.
7. When a derogation is granted, it is subject to compliance with any requirements laid down as to information to be provided to the Commission concerning the use of the derogation and the management of the quantities for which the derogation was granted.
8. The Commission shall adopt a measure granting a temporary derogation referred to in paragraph 1 of this Article by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2) of this Annex.
TITLE III
TERRITORIAL REQUIREMENTS
Article 17
Principle of territoriality
1. Except as provided for in Articles 7 to 10 of this Annex, the conditions set out in this Annex for acquiring originating status shall be fulfilled without interruption in the OCT.
2. If originating products exported from the OCT to another country are returned, they shall be considered to be non-originating unless it can be demonstrated to the satisfaction of the competent authorities of the OCT that:
| (a) | the products returned are the same as those which were exported; and |
| (b) | they have not undergone any operations beyond those necessary to preserve them in good condition while in that country or while being exported. |
Article 18
Non-manipulation clause
1. The products declared for release for free circulation in the Union shall be the same products as exported from the OCT in which they are considered to originate. They shall not have been altered, transformed in any way or subjected to operations other than operations to preserve them in good condition, prior to being declared for release for free circulation. Storage of products or consignments and splitting of consignments may take place where carried out under the responsibility of the exporter or of a subsequent holder of the goods and the products remain under customs supervision in the country or countries of transit.
2. The customs authorities shall consider the declarant to have complied with paragraph 1 unless they have reason to believe the contrary. In such cases, the customs authorities may request the declarant to provide evidence of compliance, which may be given by any means, including contractual transport documents such as bills of lading or factual or concrete evidence based on marking or numbering of packages or any evidence related to the goods themselves.
3. Paragraphs 1 and 2 of this Article shall apply mutatis mutandis when cumulation under Articles 7 to 10 of this Annex applies.
Article 19
Exhibitions
1. Originating products sent from an OCT for exhibition in a country other than an OCT, an EPA country or a Member State and sold after the exhibition for importation in the Union shall benefit on importation from this Decision, provided it is shown to the satisfaction of the customs authorities that:
| (a) | an exporter has consigned these products from an OCT to the country in which the exhibition is held and has exhibited them there; |
| (b) | the products have been sold or otherwise disposed of by that exporter to a person in the Union; |
| (c) | the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition; |
| (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 IV of this Annex and submitted to the customs authorities of the importing country in the normal manner. The name and address of the exhibition shall be indicated thereon. Where necessary, additional documentary evidence of the conditions under which 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
PROOFS OF ORIGIN
Section 1
General requirements
Article 20
Amounts expressed in euros
1. For the application of Articles 29 and 30 of this Annex in cases where products are invoiced in a currency other than the euro, amounts in the national currencies of the Member States equivalent to the amounts expressed in euros shall be fixed annually by each of the countries concerned.
2. A consignment shall benefit from Articles 29 and 30 of this Annex by reference to the currency in which the invoice is drawn up.
3. The amounts to be used in any given national currency shall be the equivalent in that currency of the amounts expressed in euros as at the first working day of October of each year. The amounts shall be communicated to the Commission by 15 October and shall apply from 1 January the following year. The Commission shall notify all countries concerned of the relevant amounts.
4. A Member State may round up or down the amount resulting from the conversion into its national currency of an amount expressed in euros. The rounded-off amount may not differ from the amount resulting from the conversion by more than 5 per cent. A Member State may retain unchanged its national currency equivalent of an amount expressed in euros 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 per cent in the national currency equivalent. The national currency equivalent may be retained unchanged if the conversion would result in a decrease in that equivalent value.
5. The amounts expressed in euros and their equivalents in national currencies of some Member States shall be reviewed by the Commission on its own initiative or at the request of a Member State or an OCT. When carrying out this review, the Commission shall consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euros.
Section 2
Procedures at export in the OCT
Article 21
General requirements
Benefits from this Decision shall apply in the following cases:
| (a) | in cases of goods satisfying the requirements of this Annex exported by a registered exporter within the meaning of Article 22 of this Annex; |
| (b) | in cases of any consignment of one or more packages containing originating products exported by any exporter, where the total value of the originating products consigned does not exceed EUR 10 000. |
Article 22
Request for registration
1. To be registered, exporters shall lodge an application with the competent authorities of the OCT referred to in Article 39(1) of this Annex, using the form a model of which is set out in Appendix V.
2. The application shall be accepted by the competent authorities of the OCT only if it is complete.
3. The registration shall be valid as of the date on which the competent authorities of the OCTs receive a complete application for registration, in accordance with paragraphs 1 and 2.
4. An exporter established in an OCT and already registered in the REX system for the purposes of the GSP scheme of Norway or Switzerland shall not be required to lodge an application with the competent authorities of the OCT to be registered for the purposes of this Decision.
Article 23
Registration
1. The competent authorities of the OCTs shall upon receipt of the complete application form referred to in Appendix III assign without delay the number of registered exporter to the exporter and enter into the REX system the number of registered exporter, the registration data and the date from which the registration is valid in accordance with Article 22(3) of this Annex.
The competent authorities of the OCTs shall inform the exporter of the number of registered exporter assigned to that exporter and of the date from which the registration is valid.
The competent authorities of the OCTs shall keep the data registered by them up to date. They shall modify those data immediately after having been informed by the registered exporter in accordance with Article 24(1) of this Annex.
2. The registration shall contain the following information:
| (a) | name of the registered exporter, as specified in box 1 of the form set out in Appendix III; |
| (b) | address of the place where the registered exporter is established, as specified in box 1 of the form set out in Appendix III, including the identifier of the country or territory (ISO alpha 2 country code); |
| (c) | contact details as specified in boxes 1 and 2 of the form set out in Appendix III; |
| (d) | indicative description of the goods which qualify for preferential treatment, including indicative list of headings or chapters, as specified in box 4 of the form set out in Appendix III; |
| (e) | trader identification number (TIN) of the registered exporter as specified in box 1 of the form set out in Appendix III; |
| (f) | whether the exporter is a trader or a producer as specified in box 3 of the form set out in Appendix III; |
| (g) | the date of registration of the registered exporter; |
| (h) | the date from which the registration is valid; |
| (i) | the date of the revocation of the registration where applicable. |
Article 24
Revocation of the registration
1. Registered exporters who no longer meet the conditions for exporting any goods benefitting from this Decision, or no longer intend to export such goods, shall inform the competent authorities of the OCTs which shall immediately remove them from the record of registered exporters kept in that OCT.
2. Without prejudice to the system of penalties and sanctions applicable in the OCTs, where registered exporters intentionally or negligently draw up, or cause to be drawn up, a statement on origin or any supporting document which contains incorrect information which leads to irregularly or fraudulently obtaining the benefit of preferential tariff treatment, the competent authorities of the OCT shall revoke the exporter from the record of registered exporters kept by the OCT concerned.
3. Without prejudice to the possible impact of irregularities found on pending verifications, revocation from the record of registered exporters shall take effect for the future, i.e. in respect of statements made out after the date of revocation.
4. Exporters who have been revoked from the record of registered exporters by the competent authorities of an OCT in accordance with paragraph 2 may only be re-introduced into the record of registered exporters once they have proved to the competent authorities of that OCT that they have remedied the situation which led to their revocation.
5. If an exporter has been revoked from the record of registered exporters by the competent authorities of the OCT in accordance with the GSP legislation of Norway or Switzerland, the revocation shall also apply for the purposes of this Decision.
Article 25
Supporting documents
1. Exporters, registered or not, shall comply with the following obligations:
| (a) | they shall maintain appropriate commercial accounting records for production and supply of goods qualifying for preferential treatment; |
| (b) | they shall keep available all evidence relating to the material used in the manufacture; |
| (c) | they shall keep all customs documentation relating to the material used in the manufacture; |
| (d) | they shall keep for at least three years from the end of the year in which the statement on origin was made out, or more if required by national law, records of:
|
2. The records referred to in point (d) of paragraph 1 may be electronic but shall allow the materials used in the manufacture of the exported products to be traced and their originating status to be confirmed.
3. The obligations provided for in paragraphs 1 and 2 of this Article shall also apply to suppliers who provide exporters with the supplier’s declaration referred to in Article 27 of this Annex.
Article 26
Statement on origin and information for cumulation purpose
1. A statement on origin shall be made out by the exporter when the products to which it relates are exported, if the goods concerned can be considered as originating in the OCT.
2. By derogation from paragraph 1, a statement on origin may exceptionally be made out after exportation (‘retrospective statement’) on condition that it is presented in the Member State of declaration for release for free circulation no longer than two years after the export.
3. The statement on origin shall be provided by the exporter to his customer in the Union and shall contain the particulars specified in Appendix IV. A statement on origin shall be made out in either English or French.
It may be made out on any commercial document allowing to identify the exporter concerned and the goods involved.
4. For the purposes of Article 2(2) of this Annex or of bilateral cumulation under Article 7 of this Annex:
| (a) | the evidence of originating status of the materials coming from another OCT or from the Union shall be given by means of a statement on origin made out in accordance with this Annex and provided to the exporter by the supplier in the OCT or in the Union, from which the materials came; |
| (b) | the evidence of working or processing carried out in another OCT or in the Union shall be given by means of a supplier’s declaration, made out in accordance with Article 27 of this Annex and provided to the exporter by the supplier in the OCT or in the Union, from which the materials came. |
In cases where the first subparagraph applies, the statement on origin made out by the exporter shall, as the case may be, contain the indication ‘EU cumulation’, ‘OCT cumulation’ or ‘cumul UE’, ‘cumul PTOM’.
5. For the purposes of cumulation with an EPA country under Article 8 of this Annex:
| (a) | the evidence of originating status of the materials coming from an EPA country shall be given by means of a proof of origin issued or made out in accordance with the EPA between the Union and the EPA country concerned, and provided to the exporter by the supplier in the EPA country from which the materials came; |
| (b) | the evidence of working or processing carried out in the EPA country shall be given by means of a supplier’s declaration, made out in accordance with Article 27 of this Annex and provided to the exporter by the supplier in the EPA country from which the materials came. |
In cases where the first subparagraph applies, the statement on origin made out by the exporter shall contain the indication ‘cumulation with EPA country [name of the country]’ or ‘cumul avec le pays APE [nom du pays]’.
6. For the purposes of cumulation with other countries benefitting from duty-free quota-free access to the market of the Union under GSP under Article 9 of this Annex, the evidence of originating status shall be given by the proofs of origin provided for in Implementing Regulation (EU) 2015/2447, provided to the exporter by the supplier in the GSP country from which the materials came.
In this case, the statement on origin made out by the exporter shall contain the indication ‘cumulation with GSP country [name of the country]’ or ‘cumul avec le pays SPG [nom du pays]’.
7. For the purposes of extended cumulation under Article 10 of this Annex, the evidence of originating status of the materials coming from a country with which the Union has a free-trade agreement shall be given by means of a proof of origin issued or made out in accordance with that free-trade agreement, provided to the exporter by the supplier in the country from which the materials came.
In cases where the first subparagraph applies, the statement on origin made out by the exporter shall contain the indication ‘extended cumulation with country [name of the country]’ or ‘cumul étendu avec le pays [nom du pays]’.
Article 27
Supplier’s declaration
1. For the purposes of point (b) of the first subparagraph of Article 26(4) and point (b) of the first subparagraph of Article 26(5) of this Annex, a supplier’s declaration shall be made out by the supplier for each consignment of materials on the commercial invoice related to that shipment or in an annex to that invoice, or on a delivery note or other commercial document related to that shipment which describes the materials concerned in sufficient detail to enable them to be identified. A specimen of the supplier’s declaration is set out in Appendix V.
2. When a supplier regularly supplies a particular customer with goods whose status in respect of the rules of preferential origin is expected to remain constant for considerable periods of time, he may provide a single declaration (‘a long-term supplier’s declaration’), provided that facts or circumstances on which it is granted remain unchanged, to cover subsequent shipments of those goods.
A long-term supplier’s declaration may be issued for a period of up to one year from the date of issue of the declaration. A long-term supplier’s declaration may be issued with retroactive effect. In such cases, its validity may not exceed a period of one year from the date on which it came into effect. The period of validity shall be indicated in the long-term supplier’s declaration.
The customs authority may revoke a long-term supplier’s declaration, should the circumstances change, or when inaccurate or false information has been provided.
The supplier shall inform the client immediately when the long-term supplier’s declaration is no longer valid in relation to the goods supplied.
3. A supplier’s declaration may be made out on a pre-printed form.
4. The suppliers’ declarations shall be signed in manuscript. However, where the invoice and the supplier’s declaration are established using electronic data-processing methods, the supplier’s declaration need not be signed in manuscript, provided that the responsible officer in the supplying company is identified to the satisfaction of the customs authorities in the country or territory where the suppliers’ declarations were established. Such customs authorities may lay down conditions for the implementation of this paragraph.
Article 28
Proof of origin
1. A statement on origin shall be made out for each consignment.
2. A statement on origin shall be valid for 12 months from the date of its making out by the exporter.
3. A single statement on origin may cover several consignments if the goods meet the following conditions:
| (a) | they are dismantled or non-assembled products within the meaning of General Rule 2(a) for the interpretation of the Harmonized system; |
| (b) | they fall within Section XVI or XVII or heading 7308 or 9406 of the Harmonized System; and |
| (c) | they are intended to be imported by instalments. |
Section 3
Procedures at release for free circulation in the Union
Article 29
Submission of proof of origin
1. The customs declaration for release for free circulation shall make reference to the statement on origin. The statement on origin shall be kept at the disposal of the customs authorities, which may request its submission for the verification of the declaration. Those authorities may also require a translation of the statement into the official language, or one of the official languages, of the Member State concerned.
2. Where the application of the benefits from this Decision is requested by the declarant, without a statement on origin being in his possession at the time of the acceptance of the customs declaration for release for free circulation, that declaration shall be considered to be a simplified declaration within the meaning of Article 166 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (3) and treated accordingly.
3. Before declaring goods for release for free circulation, the declarant shall take due care that the goods comply with this Annex by, in particular, checking:
| (a) | on the public website referred to in Article 40(3) and (4) of this Annex that the exporter is registered to make statements on origin, except where the total value of the originating products consigned does not exceed EUR 10 000; and |
| (b) | that the statement on origin is made out in accordance with Appendix IV. |
Article 30
Exemption from proof of origin
1. The following products shall be exempted from the obligation to make out and produce a statement on origin:
| (a) | products sent as small packages from private persons to private persons, the total value of which does not exceed EUR 500; |
| (b) | products forming part of travellers’ personal luggage, the total value of which does not exceed EUR 1 200. |
2. The products referred to in paragraph 1 shall meet the following conditions:
| (a) | they are not imported by way of trade; |
| (b) | they have been declared as meeting the conditions for benefitting from this Decision; and |
| (c) | there is no doubt as to the veracity of the declaration referred to in point (b). |
3. For the purposes of point (a) of paragraph 2, imports shall not be considered to be 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. |
Article 31
Discrepancies and formal errors
1. The discovery of slight discrepancies between the particulars included in a statement on origin and those mentioned in the documents submitted to the customs authorities for the purpose of carrying out the formalities for importing the products shall not ipso facto render the statement on origin invalid if it is duly established that that document does correspond to the products concerned.
2. Obvious formal errors such as typing errors on a statement on origin shall not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in that document.
Article 32
Validity of statements on origin
Statements on origin which are submitted to the customs authorities of the importing country after the period of validity mentioned in Article 28(2) of this Annex may be accepted for the purpose of applying the tariff preferences, where failure to submit these documents by the final date set is due to exceptional circumstances. In other cases of belated presentation, the customs authorities of the importing country may accept the statements on origin where the products have been presented to customs before that final date.
Article 33
Procedure for importation by instalments
1. The procedure referred to in Article 28(3) of this Annex shall apply for a period determined by the customs authorities of the Member States.
2. The customs authorities of the Member States of importation supervising the successive releases for free circulation shall verify that the successive consignments are part of the dismantled or non-assembled products for which the statement on origin has been made out.
Article 34
Verification of statements on origin
1. The customs authorities may, where they have doubts with regard to the originating status of the products, request the declarant to produce, within a reasonable time period which they shall specify, any available evidence for the purpose of verifying the accuracy of the indication of origin on the statement or the compliance with the conditions set out in Article 18 of this Annex.
2. The customs authorities may suspend the application of the preferential tariff measure for the duration of the verification procedure laid down in Article 43 of this Annex where:
| (a) | the information provided by the declarant is not sufficient to confirm the originating status of the products or the compliance with the conditions laid down in Article 17(2) or Article 18 of this Annex; |
| (b) | the declarant does not reply within the time period allowed for provision of the information referred to in paragraph 1 of this Article. |
3. While awaiting either the information requested from the declarant, referred to in paragraph 1, or the results of the verification procedure, referred to in paragraph 2, the customs authorities shall offer release of the products to the importer subject to any precautionary measures deemed necessary.
Article 35
Denial of preferences
1. The customs authorities of the Member State of importation shall refuse entitlement to the benefits of this Decision, without being obliged to request any additional evidence or send a request for verification to the OCT where:
| (a) | the goods are not the same as those mentioned in the statement on origin; |
| (b) | the declarant fails to submit a statement on origin for the products concerned, where such a statement is required; |
| (c) | without prejudice to point (b) of Article 21 and to Article 30(1) of this Annex, the statement on origin in possession of the declarant has not been made out by an exporter registered in the OCT; |
| (d) | the statement on origin is not made out in accordance with Appendix IV; or |
| (e) | the conditions of Article 18 of this Annex are not met. |
2. The customs authorities of the Member State of importation shall refuse entitlement to the benefits of this Decision, following a request for verification within the meaning of Article 43 of this Annex addressed to the competent authorities of the OCTs, where the customs authorities of the Member State of importation:
| (a) | have received a reply according to which the exporter was not entitled to make out the statement on origin; |
| (b) | have received a reply according to which the products concerned are not originating in the OCT concerned or the conditions of Article 17(2) of this Annex were not met; or |
| (c) | had reasonable doubt as to the validity of the statement on origin or the accuracy of the information provided by the declarant regarding the true origin of the products in question when they made the request for verification; and
|
TITLE V
ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
Section 1
General requirements
Article 36
General principles
1. In order to ensure the proper application of the preferences, OCTs shall:
| (a) | put in place and maintain the necessary administrative structures and systems required for the implementation and management in that OCT of the rules and procedures laid down in this Annex, including where appropriate the arrangements necessary for the application of cumulation; |
| (b) | cooperate, through their competent authorities with the Commission and the customs authorities of the Member States. |
2. The cooperation referred to in point (b) of paragraph 1 of this Article shall consist of:
| (a) | providing all necessary support in the event of a request by the Commission for the monitoring by it of the proper implementation of this Annex in the country concerned, including verification visits on the spot by the Commission or the customs authorities of the Member States; |
| (b) | without prejudice to Articles 34 and 35 of this Annex, verifying the originating status of products and the compliance with the other conditions laid down in this Annex, including verification visits on the spot, where requested by the Commission or the customs authorities of the Member States in the context of origin investigations; |
| (c) | where the verification procedure or any other available information appears to indicate that this Annex is being contravened, the OCT on its own initiative or at the request of the Commission or of the customs authorities of the Member States shall carry out appropriate enquiries or arrange for such enquiries to be carried out with due urgency to identify and prevent such contraventions. The Commission and the customs authorities of the Member States may participate in the enquiries. |
3. OCTs shall submit to the Commission a formal undertaking to comply with the requirements of paragraph 1.
Article 37
Publication requirements and compliance
1. The Commission shall publish in the Official Journal of the European Union (C Series) the list of OCTs and the date on which they are considered to have met the conditions referred to in Article 39 of this Annex. The Commission shall update that list when a new OCT fulfils the same conditions.
2. Products originating in an OCT shall benefit, on release for free circulation in the Union, from the tariff preferences only on condition that they were exported on or after the date specified in the list referred to in paragraph 1.
3. An OCT shall be considered to comply with Articles 36 and 39 of this Annex on the date on which it has:
| (a) | made the notification referred to in Article 39(1) of this Annex, and |
| (b) | submitted the undertaking referred to in Article 36(3) of this Annex. |
Article 38
Penalties
Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.
Section 2
Methods of administrative cooperation applicable for the REX system
Article 39
Communication of names and addresses of competent authorities of the OCTs
1. The OCTs shall notify to the Commission the names and addresses of the authorities situated in their territory which are:
| (a) | part of the governmental authorities of the country concerned and empowered to support the Commission and the customs authorities of the Member States through the administrative cooperation as provided for in this Title; |
| (b) | part of the governmental authorities of the country concerned, or act under the authority of the government, and empowered to register exporters and to withdraw them from the record of registered exporters. |
2. The OCTs shall inform the Commission immediately of any changes to the information notified under paragraphs 1 and 2.
3. The Commission shall send this information to the customs authorities of the Member States.
Article 40
Access rights to and publication of data from the REX system
1. The Commission shall have access to consult all the data.
2. The competent authorities of the OCTs shall have access to consult the data concerning exporters registered by them.
The Commission shall provide secure access to the REX system to the competent authorities of the OCTs.
3. The Commission shall make the following data available to the public:
| (a) | the number of the registered exporter; |
| (b) | the date of registration of the registered exporter; |
| (c) | the date from which the registration is valid; |
| (d) | the date of the revocation of the registration where applicable. |
4. The Commission shall make the following data available to the public if the exporter has consented thereto by signing box 6 of the form set out in Appendix III:
| (a) | name of the registered exporter, as specified in box 1 of the form set out in Appendix III; |
| (b) | address of the place where the registered exporter is established, as specified in box 1 of the form set out in Appendix III; |
| (c) | contact details as specified in box 1 and box 2 of the form set out in Appendix III; |
| (d) | indicative description of the goods which qualify for preferential treatment, including indicative list of headings or chapters, as specified in box 4 of the form set out in Appendix III; |
| (e) | trader identification number (TIN) of the registered exporter, as specified in box 1 of the form set out in Appendix III; |
| (f) | whether the registered exporter is a trader or a producer, as specified in box 3 of the form set out in Appendix III. |
A refusal to sign box 6 shall not constitute a ground for refusing to register the exporter.
Article 41
Protection of data in the REX system
1. The data registered by the competent authorities of the OCTs in the REX system shall be processed solely for the purposes of this Annex.
2. Registered exporters shall be provided with the information laid down in Articles 14 to 16 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (4) or Articles 12 to 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council (5), as applicable.
Registered exporters shall be provided with the information referred to in the first subparagraph via a notice attached to the application to become a registered exporter as set out in Appendix III to this Annex.
3. Each competent authority of an OCT that has introduced data into the REX system shall be considered to be a controller with respect to the processing of those data.
The Commission shall be considered to be a joint controller with respect to the processing of all data to guarantee that the registered exporter will obtain his rights.
4. The rights of registered exporters with regard to the processing of data listed in Appendix III to this Annex which are stored in the REX system and processed in national systems shall be exercised in accordance with Regulation (EU) 2016/679.
5. Member States who replicate in their national systems the data of the REX system to which they have access shall keep those replicated data up to date.
6. The rights of registered exporters with regard to the processing of their registration data by the Commission shall be exercised in accordance with Regulation (EU) 2018/1725.
7. Any request by a registered exporter to exercise the right of access, rectification, erasure or blocking of data in accordance with Regulation (EU) 2018/1725 shall be submitted to and processed by the controller of data.
Where a registered exporter has submitted such a request to the Commission without having tried to obtain his rights from the controller of data, the Commission shall forward that request to the controller of data of the registered exporter.
If the registered exporter fails to obtain his rights from the controller of data, the registered exporter shall submit such request to the Commission acting as controller. The Commission shall have the right to rectify, erase or block the data.
8. The national supervisory data protection authorities and the European Data Protection Supervisor, each acting within the scope of its respective competence, shall, as necessary:
| (a) | cooperate and ensure coordinated supervision of the registration data; |
| (b) | exchange relevant information; |
| (c) | assist each other in carrying out audits and inspections; |
| (d) | examine difficulties of interpretation or application of this Annex; |
| (e) | study problems with the exercise of independent supervision or in the exercise of the rights of data subjects; |
| (f) | draw up harmonised proposals for joint solutions to any problems; and |
| (g) | promote awareness of data protection rights. |
Article 42
Control of origin
1. For the purpose of ensuring compliance with the rules concerning the originating status of products, the competent authorities of the OCT shall carry out:
| (a) | verifications of the originating status of products at the request of the customs authorities of the Member States; |
| (b) | regular controls on exporters on their own initiative. |
2. The controls referred to in point (b) of paragraph 1 shall ensure the continued compliance of exporters with their obligations. They shall be carried out at intervals determined on the basis of appropriate risk analysis criteria. For that purpose, the competent authorities of the OCTs shall require exporters to provide copies or a list of the statements on origin they have made out.
3. The competent authorities of the OCTs shall have the right to call for any evidence and to carry out any inspection of the exporter’s accounts and, where appropriate, those of producers supplying the exporter, including at the premises, or any other check considered appropriate.
Article 43
Request for verification of statements on origin
1. Subsequent verifications of statements on origin shall be carried out at random or whenever the customs authorities of the Member States have reasonable doubts as to their authenticity, the originating status of the products concerned or the fulfilment of other requirements of this Annex.
Where the customs authorities of a Member State request the cooperation of the competent authorities of an OCT to carry out a verification of the validity of statements on origin, the originating status of products, or of both, it shall, where appropriate, indicate on its request the reasons why it has reasonable doubts on the validity of the statement on origin or the originating status of the products.
A copy of the statement on origin and any additional information or documents suggesting that the information given on that statement is incorrect may be forwarded in support of the request for verification.
The requesting Member State shall set a six-month initial deadline to communicate the results of the verification, starting from the date of the verification request.
2. If in cases of reasonable doubt there is no reply within the period specified in paragraph 1 or if the reply does not contain sufficient information to determine the real origin of the products, a second communication shall be sent to the competent authorities of the OCT concerned. This communication shall set a further deadline of not more than six months.
Article 44
Verification of suppliers’ declarations
1. Verification of suppliers’ declaration referred to in Article 27 of this Annex may be carried out at random or whenever the customs authorities of the importing country have reasonable doubts as to the authenticity of the document or the accuracy or completeness of the information concerning the true origin of the materials in question.
2. The customs authorities to which a supplier’s declaration is submitted may request the customs authorities of the country where the declaration was made to issue an information certificate, a specimen of which is set out in Appendix VI. Alternatively, the customs authorities to which a supplier’s declaration is submitted may request the exporter to produce an information certificate issued by the customs authorities of the country where the supplier’s declaration was made out.
A copy of the information certificate shall be preserved by the office which has issued it for at least three years.
3. The requesting customs authorities shall be informed of the results of the verification as soon as possible. The results must be such as to indicate positively whether the declaration concerning the status of the materials is correct.
4. For the purposes of verification, suppliers shall keep for at least three years a copy of the document containing the declaration together with all necessary evidence showing the true status of the materials.
5. The customs authorities in the country where the supplier’s declaration is made out shall have the right to call for any evidence or to carry out any check which they consider appropriate in order to verify the correctness of any supplier’s declaration.
6. Any statement on origin made out on the basis of an incorrect supplier’s declaration shall be considered invalid.
Article 45
Other provisions
1. This Section and Section 2 of Title IV shall apply mutatis mutandis to:
| (a) | exports from the Union to an OCT for the purposes of bilateral cumulation as provided for in Article 7 of this Annex; |
| (b) | exports from one OCT to another for the purposes of OCT cumulation as provided for in Article 2(2) of this Annex; |
| (c) | exports from the Union to an OCT when this OCT grants unilaterally a preferential tariff treatment to a product originating in the Union, in accordance with this Annex. |
2. An OCT may also provide for the REX system, referred to in Articles 22, 23, 24, 39, 40 and 41 of this Annex, to be used in order for that OCT to grant preferential tariff treatment to products originating in another OCT on the basis of statements on origin made out by exporters registered in that other OCT.
3. In the cases referred to in points (a) and (c) of paragraph 1 of this Article, exporters shall be registered in the Union in accordance with Article 68 of Implementing Regulation (EU) 2015/2447.
TITLE VI
CEUTA AND MELILLA
Article 46
Ceuta and Melilla
1. The provisions of this Annex concerning the issue, use and subsequent verification of proofs of origin shall apply mutatis mutandis to products exported from an OCT to Ceuta and Melilla and to products exported from Ceuta and Melilla to an OCT for the purposes of bilateral cumulation.
2. Ceuta and Melilla shall be considered to be a single territory.
3. The Spanish customs authorities shall be responsible for the application of this Annex in Ceuta and Melilla.
TITLE VII
FINAL PROVISIONS
Article 47
Committee procedure
1. The Commission shall be assisted by the Customs Code Committee established by Article 285 of Regulation (EU) No 952/2013. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
3. Where the opinion of the committee is to be obtained by written procedure and reference is made to this paragraph, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides.
Appendix I
Introductory notes and list of working or processing operations which confer originating status
Introductory notes
Note 1 – General introduction
This Appendix lays down the conditions pursuant to Article 4 of this Annex under which products shall be considered to originate in the OCT concerned. 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 heading or 6-digit subheading of the manufactured products becomes different from the 4-digit heading or 6-digit subheading respectively of the materials used; |
| (c) | a specific working and 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. | Columns 1 and 2 describe the product obtained. Column 1 gives the chapter number, 4-digit heading or 6-digit subheading number, as appropriate. Column 2 gives the description of goods used in the Harmonized System for that heading or chapter. For each entry in columns 1 and 2, subject to Note 2.4, one or more rules (‘qualifying operations’) are set out in column 3. These qualifying operations concern only non-originating materials. Where, in some cases, the entry in column 1 is preceded by ‘ex’, this signifies that the rule in column 3 applies only to the part of that heading as described in column 2. |
| 2.2. | Where several headings or subheadings 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 rule in column 3 applies to all products which, under the Harmonized System, are classified in headings of the chapter or in any of the headings or subheadings 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 rule 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(2) of this Annex, concerning products having acquired originating status which are used in the manufacture of other products, shall apply, regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the OCT or in the Union. |
| 3.2. | Pursuant to Article 5 of this Annex, the working or processing carried out must go beyond the list of operations referred to 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 5 of this Annex, 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. |
| 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 rule does not prevent the use also of other materials which, because of their inherent nature, cannot satisfy this condition. |
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 an OCT shall be treated as originating in the territory of that OCT, even if grown from seeds, bulbs, rootstock, cuttings, grafts, shoots, buds, or other live parts of plants imported from another country. |
| 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 0503, silk of headings 5002 and 5003, as well as wool-fibres and fine or coarse animal hair of headings 5101 to 5105, cotton fibres of headings 5201 to 5203, and other vegetable fibres of headings 5301 to 5305. |
| 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. |
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 this product and which, taken together, represent 10 % 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:
Example: A yarn, of heading 5205, made from cotton fibres of heading 5203 and synthetic staple fibres of heading 5506, is a mixed yarn. Therefore, non-originating synthetic staple fibres which do not satisfy the origin rules may be used, provided that their total weight does not exceed 10 % of the weight of the yarn. Example: A woollen fabric, of heading 5112, made from woollen yarn of heading 5107 and synthetic yarn of staple fibres of heading 5509, is a mixed fabric. Therefore, synthetic yarn which does not satisfy the origin rules, or woollen yarn which does not satisfy the origin rules, or a combination of the two, may be used, provided that their total weight does not exceed 10 % of the weight of the fabric. Example: Tufted textile fabric, of heading 5802, made from cotton yarn of heading 5205 and cotton fabric of heading 5210, is only a mixed product if the cotton fabric is itself a mixed fabric made from yarns classified in two separate headings, or if the cotton yarns used are themselves mixtures. Example: If the tufted textile fabric concerned had been made from cotton yarn of heading 5205 and synthetic fabric of heading 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is, accordingly, a mixed product. |
| 6.3. | In the case of products incorporating ‘yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped’, the 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’, the 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 which do not satisfy the rule set out in the list in column 3 for the made-up product concerned, may be used, provided that they are classified in a heading other than that of the product and that their value does not exceed 8 % of the ex-works price of the product. |
| 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. Example: If a rule in the list provides that, for a particular textile item (such as trousers), yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners, even though slide-fasteners normally contain textiles. |
| 7.3. | Where a percentage rule applies, the value of materials which are not classified within Chapters 50 to 63 must be taken into account when calculating the value of the non-originating materials incorporated. |
Note 8 – Definition of specific processes and simple operations carried out in respect of certain products of Chapter 27
| 8.1. | For the purposes of headings ex 2707 and 2713, the ‘specific processes’ are the following:
|
| 8.2. | For the purposes of headings 2710, 2711 and 2712, the ‘specific processes’ are the following:
|
| 8.3. | For the purposes of headings ex 2707 and 2713, simple operations, such as cleaning, decanting, desalting, water-separation, filtering, colouring, marking, obtaining a sulphur-content as a result of mixing products with different sulphur-contents, or any combination of these operations or like operations, do not confer origin. |
List of products and working or processing operations which confer originating status
| Harmonized System heading | Description of product | Qualifying operation (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 are 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 | |||||||||||||||||
| ex Chapter 3 | Fish and crustaceans, molluscs and other aquatic invertebrates, except for: | All fish and crustaceans, molluscs and other aquatic invertebrates are wholly obtained | |||||||||||||||||
| 0304 | Fish fillets and other fish meat (whether or not minced), fresh, chilled of frozen | Manufacture in which all the materials of Chapter 3 used are wholly obtained | |||||||||||||||||
| 0305 | Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption | Manufacture in which all the materials of Chapter 3 used are wholly obtained | |||||||||||||||||
| ex 0306 | Crustaceans, whether in shell or not, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption | Manufacture in which all the materials of Chapter 3 used are wholly obtained | |||||||||||||||||
| ex 0307 | Molluscs, whether in shell or not, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption | 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:
| |||||||||||||||||
| 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:
| |||||||||||||||||
| 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 | |||||||||||||||||
| ex Chapter 11 | Products of the milling industry; malt; starches; inulin; wheat gluten; except for: | Manufacture in which all the materials of Chapters 10 and 11, headings 0701 and 2303 , and subheading 0710 10 used are wholly obtained | |||||||||||||||||
| ex 1106 | Flour, meal and powder of the dried, shelled leguminous vegetables of heading 0713 | Drying and milling of leguminous vegetables of heading 0708 | |||||||||||||||||
| Chapter 12 | Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder | Manufacture from materials of any heading, except that of the product | |||||||||||||||||
| Chapter 13 | Lac; gums, resins and other vegetable saps and extracts | Manufacture from materials of any heading, in which the weight of sugar (7) 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 subheading, except that of the product | |||||||||||||||||
| 1501 to 1504 | Fats from pig, poultry, bovine, sheep or goat, fish, etc. | Manufacture from materials of any heading except that of the product | |||||||||||||||||
| 1505 , 1506 and 1520 | 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. Glycerol, crude; glycerol waters and glycerol lyes. | Manufacture from materials of any heading | |||||||||||||||||
| 1509 and 1510 | Olive oil and its fractions | Manufacture in which all the vegetable materials used are wholly obtained | |||||||||||||||||
| 1516 and 1517 | Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 1516 | Manufacture from materials of any heading, except that of the product | |||||||||||||||||
| Chapter 16 | Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates | Manufacture:
| |||||||||||||||||
| 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 and glucose, in solid form; sugar syrups; artificial honey, whether or not mixed with natural honey; caramel | Manufacture from materials of any heading, except that of the product, in which the weight of the materials of headings 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:
| |||||||||||||||||
| Chapter 18 | Cocoa and cocoa preparations | Manufacture from materials of any heading, except that of the product, in which:
| |||||||||||||||||
| Chapter 19 | Preparations of cereals, flour, starch or milk; pastrycooks’ products | Manufacture from materials of any heading, except that of the product, in which:
| |||||||||||||||||
| 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, in which the weight of sugar (7) used does not exceed 40 % of the weight of the final product | |||||||||||||||||
| 2002 and 2003 | Tomatoes, mushrooms and truffles prepared or preserved otherwise than by vinegar of acetic acid | Manufacture in which all the materials of Chapters 7 used are wholly obtained | |||||||||||||||||
| Chapter 21 | Miscellaneous edible preparations; except for: | Manufacture from materials of any heading, except that of the product, in which:
| |||||||||||||||||
| Chapter 22 | Beverages, spirits and vinegar | Manufacture from materials of any heading, except that of the product and headings 2207 and 2208 , in which:
| |||||||||||||||||
| ex Chapter 23 | Residues and waste from the food industries; prepared animal fodder; except for: | Manufacture from materials of any heading, except that of the product | |||||||||||||||||
| ex 2302 ex 2303 | Residues of starch manufacture | Manufacture from materials of any heading, except that of the product, in which the weight of the materials of Chapter 10 used does not exceed 20 % of the weight of the final product | |||||||||||||||||
| 2309 | Preparations of a kind used in animal feeding | Manufacture from materials of any heading, except that of the product, in which:
| |||||||||||||||||
| ex Chapter 24 | Tobacco and manufactured tobacco substitutes; except for: | Manufacture from materials of any heading in which the weight of materials of Chapter 24 used does not exceed 30 % of the total weight of materials of Chapter 24 used | |||||||||||||||||
| 2401 | Unmanufactured tobacco; tobacco refuse | All unmanufactured tobacco and tobacco refuse of Chapter 24 is wholly obtained | |||||||||||||||||
| 2402 | Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes | Manufacture from materials of any heading, except that of the product and of heading 2403 , and in which the weight of materials of heading 2401 used does not exceed 50 % of the total weight of materials of heading 2401 used | |||||||||||||||||
| ex Chapter 25 | Salt; sulphur; earths and stone; plastering materials, lime and cement; except for: | Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | |||||||||||||||||
| ex 2519 | Crushed natural magnesium carbonate (magnesite), in hermetically-sealed containers, and magnesium oxide, whether or not pure, other than fused magnesia or dead-burned (sintered) magnesia | Manufacture from materials of any heading, except that of the product. However, natural magnesium carbonate (magnesite) may be used | |||||||||||||||||
| Chapter 26 | Ores, slag and ash | Manufacture from materials of any heading, except that of the product | |||||||||||||||||
| ex Chapter 27 | Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes, except for: | Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | |||||||||||||||||
| ex 2707 | Oils in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents, being oils similar to mineral oils obtained by distillation of high temperature coal tar, of which more than 65 % by volume distils at a temperature of up to 250 °C (including mixtures of petroleum spirit and benzole), for use as power or heating fuels | Operations of refining and/or one or more specific process(es) (8) 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 materials, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous materials, these oils being the basic constituents of the preparations; waste oils | Operations of refining and/or one or more specific process(es) (9) 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) (9) 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) (9) or Other operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product | |||||||||||||||||
| 2713 | Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous materials | Operations of refining and/or one or more specific process(es) (8) or Other operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product | |||||||||||||||||
| ex Chapter 28 | Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes; except for: | Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product 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: | 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 2905 | Metal alcoholates of alcohols of this heading and of ethanol; except for: | 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 | |||||||||||||||||
| 2905 43 ; 2905 44 ; 2905 45 | Mannitol; D-glucitol (sorbitol); Glycerol | Manufacture from materials of any subheading, 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 | |||||||||||||||||
| Chapter 30 | Pharmaceutical products | Manufacture from materials of any heading | |||||||||||||||||
| Chapter 31 | Fertilisers | 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 | 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; except for: | Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product 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 34 | Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster, except for: | Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | |||||||||||||||||
| ex 3404 | Artificial waxes and prepared waxes:
| Manufacture from materials of any heading | |||||||||||||||||
| Chapter 35 | Albuminoidal substances; modified starches; glues; enzymes | Manufacture from materials of any heading, except that of the product, in which the value of all the materials used does not exceed 50 % of the ex-works price of the product | |||||||||||||||||
| Chapter 36 | Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations | Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product 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 | 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: | 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 | |||||||||||||||||
| 3824 60 | Sorbitol other than that of subheading 2905 44 | Manufacture from materials of any subheading, except that of the product and except materials of subheading 2905 44 . 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 39 | Plastics 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 3907 |
| 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 (10) or Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product | |||||||||||||||||
| Manufacture from materials of any heading, except that of the product or Manufacture from polycarbonate of tetrabromo-(bisphenol A) 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 70 % of the ex-works price of the product | |||||||||||||||||
| 4012 | Retreaded or used pneumatic tyres of rubber; solid or cushion tyres, tyre treads and tyre flaps, of rubber: | ||||||||||||||||||
| Retreading of used tyres | ||||||||||||||||||
| Manufacture from materials of any heading, except those of headings 4011 and 4012 or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | ||||||||||||||||||
| 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 | |||||||||||||||||
| 4101 to 4103 | Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not dehaired or split; raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not with wool on or split, other than those excluded by note 1(c) to Chapter 41; other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not dehaired or split, other than those excluded by note 1(b) or 1(c) to Chapter 41 | Manufacture from materials of any heading | |||||||||||||||||
| 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 or pre-tanned hides and skins of subheadings 4104 11 , 4104 19 , 4105 10 , 4106 21 , 4106 31 or 4106 91 , or Manufacture from materials of any heading, except that of the product | |||||||||||||||||
| 4107 , 4112 , 4113 | Leather further prepared after tanning or crusting | Manufacture from materials of any heading, except that of the product. However, materials of subheadings 4104 41 , 4104 49 , 4105 30 , 4106 22 , 4106 32 and 4106 92 may be used only if a re-tanning operation of the tanned or crust hides and skins in the dry state takes place | |||||||||||||||||
| 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 70 % 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 or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | |||||||||||||||||
| 4301 | Raw furskins (including heads, tails, paws and other pieces or cuttings, suitable for furrier’s use), other than raw hides and skins of heading 4101 , 4102 or 4103 | Manufacture from materials of any heading | |||||||||||||||||
| ex 4302 | Tanned or dressed furskins, assembled: | ||||||||||||||||||
| Bleaching or dyeing, in addition to cutting and assembly of non-assembled tanned or dressed furskins | ||||||||||||||||||
| 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 70 % of the ex-works price of the product | |||||||||||||||||
| ex 4407 | Wood sawn or chipped lengthwise, sliced or peeled, of a thickness exceeding 6 mm, planed, sanded or end-jointed | Planing, sanding or end-jointing | |||||||||||||||||
| ex 4408 | Sheets for veneering (including those obtained by slicing laminated wood) and for plywood, of a thickness not exceeding 6 mm, spliced, and other wood sawn lengthwise, sliced or peeled of a thickness not exceeding 6 mm, planed, sanded or end-jointed | Splicing, planing, sanding or endjointing | |||||||||||||||||
| ex 4410 to ex 4413 | Beadings and mouldings, including moulded skirting and other moulded boards | Beading or moulding | |||||||||||||||||
| ex 4415 | Packing cases, boxes, crates, drums and similar packings, of wood | Manufacture from boards not cut to size | |||||||||||||||||
| ex 4418 |
| 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 4421 | Match splints; wooden pegs or pins for footwear | Manufacture from wood of any heading, except drawn wood of heading 4409 | |||||||||||||||||
| Chapter 45 | Cork and articles of cork | Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 70 % 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 70 % 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 70 % 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 70 % 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 70 % of the ex-works price of the product | |||||||||||||||||
| ex Chapter 50 | Silk; except for: | Manufacture from materials of any heading, except that of the product | |||||||||||||||||
| ex 5003 | Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), carded or combed | Carding or combing of silk waste | |||||||||||||||||
| 5004 to ex 5006 | Silk yarn and yarn spun from silk waste | Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning or twisting (11) | |||||||||||||||||
| 5007 | Woven fabrics of silk or of silk waste: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn or twisting, in each case accompanied by weaving or Weaving accompanied by dyeing or Yarn dyeing accompanied by weaving or Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product (11) | |||||||||||||||||
| 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 | Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning (11) | |||||||||||||||||
| 5111 to 5113 | Woven fabrics of wool, of fine or coarse animal hair or of horsehair: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving or Weaving accompanied by dyeing or Yarn dyeing accompanied by weaving or Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product (11) | |||||||||||||||||
| 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 | Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning (11) | |||||||||||||||||
| 5208 to 5212 | Woven fabrics of cotton: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving or Weaving accompanied by dyeing or by coating or Yarn dyeing accompanied by weaving or Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product (11) | |||||||||||||||||
| 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 | Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning (11) | |||||||||||||||||
| 5309 to 5311 | Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving or Weaving accompanied by dyeing or by coating or Yarn dyeing accompanied by weaving or Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product (11) | |||||||||||||||||
| 5401 to 5406 | Yarn, monofilament and thread of man-made filaments | Extrusion of man-made fibres accompanied by spinning or spinning of natural fibres (11) | |||||||||||||||||
| 5407 and 5408 | Woven fabrics of man-made filament yarn: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving or Weaving accompanied by dyeing or by coating or Twisting or texturing accompanied by weaving provided that the value of the non-twisted/non-textured yarns used does not exceed 47,5 % of the ex-works price of the product or Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product (11) | |||||||||||||||||
| 5501 to 5507 | Man-made staple fibres | Extrusion of man-made fibres | |||||||||||||||||
| 5508 to 5511 | Yarn and sewing thread of man-made staple fibres | Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning (11) | |||||||||||||||||
| 5512 to 5516 | Woven fabrics of man-made staple fibres: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving or Weaving accompanied by dyeing or by coating or Yarn dyeing accompanied by weaving or Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product (11) | |||||||||||||||||
| ex Chapter 56 | Wadding, felt and non-wovens; special yarns; twine, cordage, ropes and cables and articles thereof; except for: | Extrusion of man-made fibres accompanied by spinning or spinning of natural fibres or Flocking accompanied by dyeing or printing (11) | |||||||||||||||||
| 5602 | Felt, whether or not impregnated, coated, covered or laminated: | ||||||||||||||||||
| Extrusion of man-made fibres accompanied by fabric formation, However:
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 Fabric formation alone in the case of felt made from natural fibres (11) | ||||||||||||||||||
| Extrusion of man-made fibres accompanied by fabric formation, or Fabric formation alone in the case of other felt made from natural fibres (11) | ||||||||||||||||||
| 5603 | Nonwovens, whether or not impregnated, coated, covered or laminated | Extrusion of man-made fibres, or use of natural fibres, accompanied by nonwoven techniques including needle punching | |||||||||||||||||
| 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: | ||||||||||||||||||
| Manufacture from rubber thread or cord, not textile covered | ||||||||||||||||||
| Extrusion of man-made fibres accompanied by spinning or spinning of natural fibres (11) | ||||||||||||||||||
| 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 | Extrusion of man-made fibres accompanied by spinning or spinning of natural and/or man-made staple fibres (11) | |||||||||||||||||
| 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 | Extrusion of man-made fibres accompanied by spinning or spinning of natural and/or man-made staple fibres or Spinning accompanied with flocking or Flocking accompanied by dyeing (11) | |||||||||||||||||
| Chapter 57 | Carpets and other textile floor coverings: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving or Manufacture from coir yarn or sisal yarn or jute yarn or Flocking accompanied by dyeing or by printing or Tufting accompanied by dyeing or by printing Extrusion of man-made fibres accompanied by non-woven techniques including needle punching (11) However:
of which the denomination in all cases of a single filament or fibre is less than 9 decitex, may be used, provided that their total value does not exceed 40 % of the ex-works price of the product Jute fabric may be used as a backing | |||||||||||||||||
| ex Chapter 58 | Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery; except for: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving or Weaving accompanied by dyeing or flocking or coating or Flocking accompanied by dyeing or by printing or Yarn dyeing accompanied by weaving or Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product (11) | |||||||||||||||||
| 5805 | Hand-woven tapestries of the types Gobelins, Flanders, Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made up | Manufacture from materials of any heading, except that of the product | |||||||||||||||||
| 5810 | Embroidery in the piece, in strips or in motifs | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product | |||||||||||||||||
| 5901 | Textile fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books or the like; tracing cloth; prepared painting canvas; buckram and similar stiffened textile fabrics of a kind used for hat foundations | Weaving accompanied by dyeing or by flocking or by coating or Flocking accompanied by dyeing or printing | |||||||||||||||||
| 5902 | Tyre cord fabric of high tenacity yarn of nylon or other polyamides, polyesters or viscose rayon: | ||||||||||||||||||
| Weaving | ||||||||||||||||||
| Extrusion of man-made fibres accompanied by weaving | ||||||||||||||||||
| 5903 | Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902 | Weaving accompanied by dyeing or by coating or Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product | |||||||||||||||||
| 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 | Weaving accompanied by dyeing or by coating (11) | |||||||||||||||||
| 5905 | Textile wall coverings: | ||||||||||||||||||
| Weaving accompanied by dyeing or by coating | ||||||||||||||||||
| Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving or Weaving accompanied by dyeing or by coating or Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product (11) | ||||||||||||||||||
| 5906 | Rubberised textile fabrics, other than those of heading 5902 : | ||||||||||||||||||
| Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting or Knitting accompanied by dyeing or by coating or Dyeing of yarn of natural fibres accompanied by knitting (11) | ||||||||||||||||||
| Extrusion of man-made fibres accompanied by weaving | ||||||||||||||||||
| Weaving accompanied by dyeing or by coating or Dyeing of yarn of natural fibres accompanied by weaving | ||||||||||||||||||
| 5907 | Textile fabrics otherwise impregnated, coated or covered; painted canvas being theatrical scenery, studio back-cloths or the like | Weaving accompanied by dyeing or by flocking or by coating or Flocking accompanied by dyeing or by printing or Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product | |||||||||||||||||
| 5908 | Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric therefor, whether or not impregnated: | ||||||||||||||||||
| Manufacture from tubular knitted gas-mantle fabric | ||||||||||||||||||
| Manufacture from materials of any heading, except that of the product | ||||||||||||||||||
| 5909 to 5911 | Textile articles of a kind suitable for industrial use: | ||||||||||||||||||
| Weaving | ||||||||||||||||||
| Extrusion of man-made fibres or Spinning of natural and/or of man-made staple fibres, in each case accompanied by weaving or Weaving accompanied by dyeing or coating Only the following fibres may be used:
| ||||||||||||||||||
| Extrusion of man-made filament yarn or spinning of natural or man-made staple fibres, accompanied by weaving (11) or Weaving accompanied by dyeing or coating | ||||||||||||||||||
| Chapter 60 | Knitted or crocheted fabrics | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting or Knitting accompanied by dyeing or by flocking or by coating or Flocking accompanied by dyeing or by printing or Dyeing of yarn of natural fibres accompanied by knitting or Twisting or texturing accompanied by knitting provided that the value of the non-twisted/non-textured yarns used does not exceed 47,5 % of the ex-works price of the product | |||||||||||||||||
| Chapter 61 | Articles of apparel and clothing accessories, knitted or crocheted: | ||||||||||||||||||
| Knitting and making-up (including cutting) (11) (13) | ||||||||||||||||||
| Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting (knitted to shape products) or Dyeing of yarn of natural fibres accompanied by knitting (knitted to shape products) (11) | ||||||||||||||||||
| ex Chapter 62 | Articles of apparel and clothing accessories, not knitted or crocheted; except for: | Weaving accompanied by making-up (including cutting) or Making-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product (11) (13) | |||||||||||||||||
| ex 6202 , ex 6204 , ex 6206 , ex 6209 and ex 6211 | Women’s, girls’ and babies’ clothing and clothing accessories for babies, embroidered | Weaving accompanied by making-up (including cutting) 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 (13) | |||||||||||||||||
| ex 6210 and ex 6216 | Fire-resistant equipment of fabric covered with foil of aluminised polyester | Weaving accompanied by making-up (including cutting) or Coating provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product accompanied by making-up (including cutting) (13) | |||||||||||||||||
| ex 6212 | Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, knitted or crocheted | ||||||||||||||||||
| - Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form | Knitting and making-up (including cutting) (11) (13) | ||||||||||||||||||
| - Other | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting (knitted to shape products) or Dyeing of yarn of natural fibres accompanied by knitting (knitted to shape products) (11) | ||||||||||||||||||
| 6213 and 6214 | Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like: | ||||||||||||||||||
| Weaving accompanied by making-up (including cutting) 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 (13) or Making-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product (11) (13) | ||||||||||||||||||
| Weaving accompanied by making-up (including cutting) or Making-up followed by printing accompanied by at least two preparatory finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product (11) (13) | ||||||||||||||||||
| 6217 | Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212 : | ||||||||||||||||||
| Weaving accompanied by making-up (including cutting) 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 (13) | ||||||||||||||||||
| Weaving accompanied by making-up (including cutting) or Coating provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product accompanied by making-up (including cutting) (13) | ||||||||||||||||||
| 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 | ||||||||||||||||||
| Weaving accompanied by making-up (including cutting) (13) | ||||||||||||||||||
| 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: | ||||||||||||||||||
| Extrusion of man-made fibres or use of natural fibres in each case accompanied by non-woven process including needle punching and making-up (including cutting) (11) | ||||||||||||||||||
| |||||||||||||||||||
| Weaving or knitting accompanied by making-up (including cutting) (13) 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 (13) | ||||||||||||||||||
| Weaving or knitting accompanied by making-up (including cutting) | ||||||||||||||||||
| 6305 | Sacks and bags, of a kind used for the packing of goods | Extrusion of man-made fibres or spinning of natural and/or man-made staple fibres accompanied by weaving or knitting and making-up (including cutting) (11) | |||||||||||||||||
| 6306 | Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods: | ||||||||||||||||||
| Extrusion of man-made fibres or natural fibres in each case accompanied by any non-woven techniques including needle punching | ||||||||||||||||||
| Weaving accompanied by making-up (including cutting) (11) (13) or Coating provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product accompanied by making-up (including cutting) | ||||||||||||||||||
| 6307 | Other made-up articles, including dress patterns | Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product | |||||||||||||||||
| 6308 | Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packings for retail sale | Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the ex-works price of the set | |||||||||||||||||
| ex Chapter 64 | Footwear, gaiters and the like; parts of such articles; except for: | Manufacture from materials of any heading, except from assemblies of uppers affixed to inner soles or to other sole components of heading 6406 | |||||||||||||||||
| 6406 | Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable in-soles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof | Manufacture from materials of any heading, except that of the product | |||||||||||||||||
| Chapter 65 | Headgear and parts thereof | Manufacture from materials of any heading, except that of the product | |||||||||||||||||
| Chapter 66 | Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops, and parts thereof: | Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | |||||||||||||||||
| Chapter 67 | Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair | Manufacture from materials of any heading, except that of the product | |||||||||||||||||
| ex Chapter 68 | Articles of stone, plaster, cement, asbestos, mica or similar materials, except for: | Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | |||||||||||||||||
| ex 6803 | Articles of slate or of agglomerated slate | Manufacture from worked slate | |||||||||||||||||
| ex 6812 | Articles of asbestos; articles of mixtures with a basis of asbestos or of mixtures with a basis of asbestos and magnesium carbonate | Manufacture from materials of any heading | |||||||||||||||||
| ex 6814 | Articles of mica, including agglomerated or reconstituted mica, on a support of paper, paperboard or other materials | Manufacture from worked mica (including agglomerated or reconstituted mica) | |||||||||||||||||
| Chapter 69 | Ceramic products | Manufacture from materials of any heading, except that of the product 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 70 | Glass and glassware, 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 | |||||||||||||||||
| 7006 | Glass of heading 7003 , 7004 or 7005 , bent, edge-worked, engraved, drilled, | ||||||||||||||||||
| Manufacture from non-coated glass-plate substrate of heading 7006 | ||||||||||||||||||
| Manufacture from materials of heading 7001 | ||||||||||||||||||
| 7010 | Carboys, bottles, flasks, jars, pots, phials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass | Manufacture from materials of any heading, except that of the product or Cutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the product | |||||||||||||||||
| 7013 | Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018 ) | Manufacture from materials of any heading, except that of the product or Cutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the product or Hand-decoration (except silk-screen printing) of hand-blown glassware, provided that the total value of the hand-blown glassware used does not exceed 50 % of the ex-works price of the product | |||||||||||||||||
| ex 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 | |||||||||||||||||
| 7106 , 7108 and 7110 | Precious metals: | ||||||||||||||||||
| Manufacture from materials of any heading, except those of headings 7106 , 7108 and 7110 or Electrolytic, thermal or chemical separation of precious metals of heading 7106 , 7108 or 7110 or Fusion and/or alloying of precious metals of heading 7106 , 7108 or 7110 with each other or with base metals | ||||||||||||||||||
| Manufacture from unwrought precious metals | ||||||||||||||||||
| ex 7107 , ex 7109 and ex 7111 | Metals clad with precious metals, semi-manufactured | Manufacture from metals clad with precious metals, unwrought | |||||||||||||||||
| 7115 | Other articles of precious metal or of metal clad with precious metal | Manufacture from materials of any heading, except that of the product | |||||||||||||||||
| 7117 | Imitation jewellery | Manufacture from materials of any heading, except that of the product or Manufacture from base metal parts, not plated or covered with precious metals, provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product | |||||||||||||||||
| ex Chapter 72 | Iron and steel; except for: | Manufacture from materials of any heading, except that of the product | |||||||||||||||||
| 7207 | Semi-finished products of iron or non-alloy steel | Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 , 7205 or 7206 | |||||||||||||||||
| 7208 to 7216 | Flat-rolled products, bars and rods, angles, shapes and sections of iron or non-alloy steel | Manufacture from ingots or other primary forms or semi-finished materials of heading 7206 or 7207 | |||||||||||||||||
| 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 , 7205 or subheading 7218 10 | |||||||||||||||||
| 7219 to 7222 | Flat-rolled products, bars and rods, angles, shapes and sections of stainless steel | Manufacture from ingots or other primary forms or semi-finished materials 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 , 7205 or subheading 7224 10 | |||||||||||||||||
| 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 or semi-finished materials of heading 7206 , 7207 , 7218 or 7224 | |||||||||||||||||
| 7229 | Wire of other alloy steel | Manufacture from semi-finished materials of heading 7224 | |||||||||||||||||
| ex Chapter 73 | Articles of iron or steel; except for: | Manufacture from materials of any heading, except that of the product | |||||||||||||||||
| ex 7301 | Sheet piling | Manufacture from materials of heading 7207 | |||||||||||||||||
| 7302 | Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole pates (base plates), rail clips, bedplates, ties and other material specialised for jointing or fixing rails | Manufacture from materials of heading 7206 | |||||||||||||||||
| 7304 , 7305 and 7306 | Tubes, pipes and hollow profiles, of iron (other than cast iron) or steel | Manufacture from materials of heading 7206 , 7207 , 7208 , 7209 , 7210 , 7211 , 7212 , 7218 , 7219 , 7220 or 7224 | |||||||||||||||||
| ex 7307 | Tube or pipe fittings of stainless steel | Turning, drilling, reaming, threading, deburring and sandblasting of forged blanks, provided that the total value of the forged blanks used does not exceed 35 % of the ex-works price of the product | |||||||||||||||||
| 7308 | Structures (excluding prefabricated buildings of heading 9406 ) and parts of structures (for example, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel | Manufacture from materials of any heading, except that of the product. However, welded angles, shapes and sections of heading 7301 may not be used | |||||||||||||||||
| ex 7315 | Skid chain | Manufacture in which the value of all the materials of heading 7315 used does not exceed 50 % of the ex-works price of the product | |||||||||||||||||
| ex Chapter 74 | Copper and articles thereof; except for: | Manufacture from materials of any heading, except that of the product | |||||||||||||||||
| 7403 | Refined copper and copper alloys, unwrought | Manufacture from materials of any heading | |||||||||||||||||
| 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 | |||||||||||||||||
| 7601 | Unwrought aluminium | Manufacture from materials of any heading | |||||||||||||||||
| 7607 | Aluminium foil (whether or not printed or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0,2 mm | Manufacture from materials of any heading, except that of the product and heading 7606 | |||||||||||||||||
| Chapter 77 | Reserved for possible future use in the Harmonized System | ||||||||||||||||||
| ex Chapter 78 | Lead and articles thereof, except for: | Manufacture from materials of any heading, except that of the product | |||||||||||||||||
| 7801 | Unwrought lead: | ||||||||||||||||||
| Manufacture from materials of any heading | ||||||||||||||||||
| Manufacture from materials of any heading, except that of the product. However, waste and scrap of heading 7802 may not be used | ||||||||||||||||||
| 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 70 % 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 | |||||||||||||||||
| 8211 | Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208 , and blades therefor | Manufacture from materials of any heading, except that of the product. However, knife blades and handles of base metal may be used | |||||||||||||||||
| 8214 | Other articles of cutlery (for example; hair clippers, butchers’ or kitchen cleavers, choppers and mincing knives, paper knives); manicure or pedicure sets and instruments (including nail files) | Manufacture from materials of any heading, except that of the product. However, handles of base metal may be used | |||||||||||||||||
| 8215 | Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware | Manufacture from materials of any heading, except that of the product. However, handles of base metal may be used | |||||||||||||||||
| ex Chapter 83 | Miscellaneous articles of base metal; except for: | Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | |||||||||||||||||
| ex 8302 | Other mountings, fittings and similar articles suitable for buildings, and automatic door closers | Manufacture from materials of any heading, except that of the product. However, other materials of heading 8302 may be used, provided that their total value does not exceed 20 % of the ex-works price of the product | |||||||||||||||||
| ex 8306 | Statuettes and other ornaments, of base metal | Manufacture from materials of any heading, except that of the product. However, other materials of heading 8306 may be used, provided that their total value does not exceed 30 % of the ex-works price of the product | |||||||||||||||||
| ex Chapter 84 | Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof; except for: | Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | |||||||||||||||||
| 8401 | Nuclear reactors; fuel elements (cartridges), non-irradiated, for nuclear reactors; machinery and apparatus for isotopic separation | Manufacture in which the value of all the materials used does not exceed 70 % 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 | |||||||||||||||||
| 8427 | Fork-lift trucks; other works trucks fitted with lifting or handling equipment | Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | |||||||||||||||||
| 8482 | Ball or roller bearings | 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 70 % of the ex-works price of the product | |||||||||||||||||
| 8501 , 8502 | Electric motors and generators; Electric generating sets and rotary converters | Manufacture from materials of any heading, except that of the product and of 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 | |||||||||||||||||
| 8513 | Portable electric lamps designed to function by their own source of energy (for example, dry batteries, accumulators, magnetos), other than lighting equipment of heading 8512 | 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 | |||||||||||||||||
| 8519 | Sound recording and sound reproducing apparatus | Manufacture from materials of any heading, except that of the product and of 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 | |||||||||||||||||
| 8521 | Video recording or reproducing apparatus, whether or not incorporating a video tuner | Manufacture from materials of any heading, except that of the product and of 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 | |||||||||||||||||
| 8523 | Prepared unrecorded media for sound recording or similar recording of other phenomena, other than products of Chapter 37 | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product | |||||||||||||||||
| 8525 | Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and other video camera recorders | Manufacture from materials of any heading, except that of the product and of 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 | |||||||||||||||||
| 8526 | Radar apparatus, radio navigational aid apparatus and radio remote control apparatus | Manufacture from materials of any heading, except that of the product and of 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 | |||||||||||||||||
| 8527 | Reception apparatus for radio-broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock | Manufacture from materials of any heading, except that of the product and of 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 | |||||||||||||||||
| 8528 | Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus | Manufacture from materials of any heading, except that of the product and of 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 of 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 | |||||||||||||||||
| 8540 11 and 8540 12 | Cathode ray television picture tubes, including video monitor cathode ray tubes | 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 33 and 8542 39 | Monolithic integrated circuits | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product or The operation of diffusion, in which integrated circuits are formed on a semi-conductor substrate by the selective introduction of an appropriate dopant, whether or not assembled and/or tested in a non-party | |||||||||||||||||
| 8544 | Insulated (including enamelled or anodised) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product | |||||||||||||||||
| 8545 | Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes | Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | |||||||||||||||||
| 8546 | Electrical insulators of any material | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product | |||||||||||||||||
| 8547 | Insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating materials apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly, other than insulators of heading 8546 ; electrical conduit tubing and joints therefore, of base metal lined with insulating material | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product | |||||||||||||||||
| 8548 | Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified or included elsewhere in this Chapter | Manufacture in which the value of all the materials used does not exceed 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 70 % 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 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 | |||||||||||||||||
| ex Chapter 88 | Aircraft, spacecraft, and 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 70 % of the ex-works price of the product | |||||||||||||||||
| ex 8804 | Rotochutes | Manufacture from materials of any heading, including other materials of heading 8804 or Manufacture in which the value of all the materials used does not exceed 70 % 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 or Manufacture in which the value of all the materials used does not exceed 70 % 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 70 % of the ex-works price of the product | |||||||||||||||||
| 9002 | Lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other than such elements of glass not optically worked | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product | |||||||||||||||||
| 9033 | Parts and accessories (not specified or included elsewhere in this Chapter) for machines, appliances, instruments or apparatus of Chapter 90 | Manufacture in which the value of all the materials used does not exceed 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 70 % 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 70 % 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 70 % of the ex-works price of the product | |||||||||||||||||
| ex Chapter 95 | Toys, games and sports requisites; parts and accessories thereof, except for: | Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | |||||||||||||||||
| ex 9506 | Golf clubs and parts thereof | Manufacture from materials of any heading, except that of the product. However, roughly-shaped blocks for making golf-club heads may be used | |||||||||||||||||
| ex Chapter 96 | Miscellaneous manufactured articles, except for: | Manufacture from materials of any heading, except that of the product or Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | |||||||||||||||||
| 9601 and 9602 | Worked ivory, bone, tortoiseshell, horn, antlers, coral, mother-of-pearl and other animal carving material, and articles of these materials (including articles obtained by moulding. Worked vegetable or mineral carving material and articles of these materials; moulded or carved articles of wax, of stearin, of natural gums or natural resins or of modelling pastes, and other moulded or carved articles, not elsewhere specified or included; worked, unhardened gelatine (except gelatine of heading 3503 ) and articles of unhardened gelatine | Manufacture from materials of any heading | |||||||||||||||||
| 9603 | Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers, squeegees (other than roller squeegees) | Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | |||||||||||||||||
| 9605 | Travel sets for personal toilet, sewing or shoe or clothes cleaning | Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the ex-works price of the set | |||||||||||||||||
| 9606 | Buttons, press-fasteners, snap-fasteners and press-studs, button moulds and other parts of these articles; button blanks | Manufacture:
| |||||||||||||||||
| 9608 | Ball-point pens; felt-tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating stylos; propelling or sliding pencils; pen-holders, pencilholders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading 9609 | Manufacture from materials of any heading, except that of the product. However, nibs or nib-points of the same heading as the product may be used | |||||||||||||||||
| 9612 | Typewriter or similar ribbons, inked or otherwise prepared for giving impressions, whether or not on spools or in cartridges; ink-pads, whether or not inked, with or without boxes | Manufacture:
| |||||||||||||||||
| 9613 20 | Pocket lighters, gas fuelled, refillable | Manufacture in which the total value of the materials of heading 9613 used does not exceed 30 % of the ex-works price of the product | |||||||||||||||||
| 9614 | Smoking pipes (including pipe bowls) and cigar or cigarette holders, and parts thereof | Manufacture from materials of any heading | |||||||||||||||||
| Chapter 97 | Works of art, collectors’ pieces and antiques | Manufacture from materials of any heading, except that of the product |
Appendix II
Application for a derogation
1. COMMERCIAL DESCRIPTION OF THE FINISHED PRODUCT
1.1 Customs classification (H.S. code)
2. COMMERCIAL DESCRIPTION OF NON-ORIGINATING MATERIALS
2.1 Customs classification (H. S. code)
3. ANTICIPATED ANNUAL QUANTITY OF EXPORTS TO THE UNION (EXPRESSED IN WEIGHT, No OF ARTICLES, METRES OR OTHER UNIT)
4. VALUE OF FINISHED PRODUCTS
5. VALUE OF THE NON-ORIGINATING MATERIALS
6. ORIGIN OF NON-ORIGINATING MATERIALS
7. REASONS WHY THE RULE OF ORIGIN FOR THE FINISHED PRODUCT CANNOT BE FULFILLED
8. DURATION REQUESTED FOR DEROGATION
From dd/mm/yyyy to dd/mm/yyyy
9. POSSIBLE DEVELOPMENTS TO OVERCOME THE NEED FOR A DEROGATION
10. INFORMATION ABOUT THE COMPANY
Capital structure of the firm concerned / Amount of investments made or foreseen / Staff employed or expected to be employed
Appendix III
Application to become a registered exporter
for the purpose of registering exporters in the OCTs in the framework of the association of the overseas countries and territories with the European Union
| 1. | Exporter’s name, full address and country, contact details, TIN |
| 2. | Additional contact details including telephone and fax number as well as e-mail address where available (optional) |
| 3. | Specify whether your main activity is producing or trading. |
| 4. | Indicative description of goods which qualify for preferential treatment, including indicative list of Harmonized System headings (or chapters where goods traded fall within more than twenty Harmonized System headings). |
| 5. | Undertaking by exporter The undersigned hereby:
____________________________________________________ Place, date, signature of authorised signatory, name and job title (15) |
| 6. | Prior specific and informed consent of exporter to the publication of his data on the public website The undersigned is hereby informed that the information supplied in this declaration may be disclosed to the public via the public website. The undersigned accepts the publication of this information via the public website. The undersigned may withdraw his consent to the publication of this information via the public website by sending a request to the competent authorities responsible for the registration. ____________________________________________________ Place, date, signature of authorised signatory, name and job title (15) |
| 7. | Box for official use by competent authority The applicant is registered under the following number: Registration number: ______________________________ Date of registration _______________________________ Date from which the registration is valid _____________________________ Signature and stamp (15) _______________________________ |
| 1. | Where the European Commission processes personal data contained in this application to become a registered exporter, Regulation (EU) 2018/1725 of the European Parliament and of the Council (16) applies. Where the competent authorities of an OCT implement Regulation (EU) 2016/679 of the European Parliament and of the Council (17), that Regulation shall apply with regard to the processing of personal data and on the free movement of such data process personal data contained in this application to become a registered exporter. |
| 2. | Personal data in respect of the application to become a registered exporter are processed for the purposes of this Decision. The Regulations referred to in point 1 constitute the legal basis for processing personal data in respect of the application to become a registered exporter. |
| 3. | The competent authority of an OCT where the application has been submitted is the controller with respect to processing of the data in the REX system. The list of competent authorities of the OCTs is published on the website of the Commission. |
| 4. | Access to all data of this application is granted through a user ID/password to users in the Commission, the competent authorities of the OCTs and the customs authorities in the Member States. |
| 5. | The data of a revoked registration shall be kept by the competent authorities of an OCT in the REX system for ten calendar years. This period shall run from the end of the year in which the revocation of a registration has taken place. |
| 6. | The data subject has a right of access to the data relating to him that will be processed through the REX system and, where appropriate, the right to rectify, erase or block data in accordance with Regulations (EU) 2018/1725 or (EU) 2016/679, as applicable. Any requests for right of access, rectification, erasure or blocking shall be submitted to and processed by the competent authorities of the OCT responsible for the registration, as appropriate. Where the registered exporter has submitted a request for the exercise of that right to the Commission, the Commission shall forward such requests to the competent authorities of the OCT concerned. If the registered exporter failed to obtain his rights from the controller of data, the registered exporter shall submit such request to the Commission acting as controller. The Commission shall have the right to rectify, erase or block the data. |
| 7. | Complaints can be addressed to the relevant national data protection authority. Where the complaint concerns processing of data by the Commission, it should be addressed to the European Data Protection Supervisor (EDPS) (http://www.edps.europa.eu/EDPSWEB/). |
Appendix IV
Statement on origin
To be made out on any commercial documents showing the name and full address of the exporter and consignee as well as a description of the goods and the date of issue
French version
L’exportateur (Numéro d’exportateur enregistré – excepté lorsque la valeur des produits originaires contenus dans l’envoi est inférieure à EUR 10 000 (18)) des produits couverts par le présent document déclare que, sauf indication claire du contraire, ces produits ont l’origine préférentielle … (19) au sens des règles d’origine de la Décision d’association des pays et territoires d’outre-mer et que le critère d’origine satisfait est … … (20)
English version
The exporter (number of registered exporter – unless the value of the consigned originating products does not exceed EUR 10 000 (1) ) of the products covered by this document declares that, except where otherwise clearly indicated, these products are of … preferential origin (2) according to rules of origin of the Decision on the association of the overseas countries and territories and that the origin criterion met is … … (3)
Appendix V
Supplier’s declaration for products not having preferential original status
I, the undersigned, declare that the goods listed on this invoice… (1)
were produced in… (2)
and incorporate the following components or materials which do not have EPA, OCT or European Union originating status for preferential trade:
… (3) … (4) … (5)
…
…
… (6)
I undertake to make available to the customs authorities, if required, evidence in support of this declaration.
… (7) … (8)
… (9)
Note
The above mentioned text, suitably completed in conformity with the footnotes below, constitutes a supplier’s declaration. The footnotes do not have to be reproduced.
(1)
| – | If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows: ‘… listed on this invoice and marked … were produced …’ |
| – | If a document other than an invoice or an annex to the invoice is used (see Article 27(1) of this Annex), the name of the document concerned shall be mentioned instead of the word ‘invoice’. |
| (2) | The European Union, Member State, EPA country or OCT. |
| (3) | Description is to be given in all cases. The description must be adequate and should be sufficiently detailed to allow the tariff classification of the goods concerned to be determined. |
| (4) | Customs values to be given only if required. |
| (5) | Country of origin to be given only if required. The origin to be given must be a preferential origin, all other origins to be given as ‘third country’. |
| (6) | ‘and have undergone the following processing in [the European Union] [Member State] [EPA country] [OCT] …’, to be added with a description of the processing carried out if this information is required. |
| (7) | Place and date. For a long-term supplier’s declaration as referred to in Article 27(2) of this Annex, the following sentence shall be added: ‘This declaration is valid for all shipments of these goods dispatched from … to …’. |
| (8) | Name and function in company. |
| (9) | Signature. |
Appendix VI
Information certificate
1.
The information certificate set out in this Appendix shall be used and be printed in one or more of the official languages in which this Decision is drawn up and in accordance with domestic law of the exporting country or territory. Information certificates shall be completed in one of those languages; if they are handwritten, they shall be completed in ink in capital letters. They shall bear a serial number, whether or not printed, by which they can be identified.
2.
The information certificate shall measure 210 × 297 mm, a tolerance of up to plus 8 mm or minus 5 mm in the length may be allowed. The paper must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2.
3.
The national administrators may reserve the right to print the forms themselves or may have them printed by printers approved by them. In the latter case, each form must include a reference to such approval. The forms shall bear the name and address of the printer or a mark by which the printer can be identified.
| 1. | Supplier (1) | INFORMATION CERTIFICATE to be used for preferential trade between the EUROPEAN UNION and the OCTs | ||||||||
| 2. | Consignee (1) | |||||||||
| 3. | Processor (1) | 4. State in which the working or processing has been carried out | ||||||||
| 6. | Customs office of importation (1) | 5. For official use | ||||||||
| 7. | Import document (2) | |||||||||
| Form … | No … | |||||||||
| Series … | ||||||||||
| Date … | ||||||||||
| GOODS | ||||||||||
| 8. | Marks, numbers, quantity and kind of package |
|
| |||||||
| ||||||||||
| IMPORTED MATERIALS USED | ||||||||||
| 12. | Harmonized Commodity Description and Coding System heading/subheading number (HS code) |
|
|
| ||||||
| 16. | Nature of the working or processing carried out | |||||||||
| 17. | Remarks | |||||||||
| 18. | CUSTOMS ENDORSEMENT |
| ||||||||
| Declaration certified: | I, the undersigned, declare that the information | |||||||||
| on this information certificate is accurate. | ||||||||||
| Document … | ||||||||||
| Form … | No … | |||||||||
| Customs office … | ||||||||||
| Date … | … (Place) | … (Date) | ||||||||
| Official stamp | ||||||||||
| … (Signature) | … (Signature) | |||||||||
|
| REQUEST FOR VERIFICATION | RESULT OF VERIFICATION | ||
| The undersigned customs official requests verification of the authenticity and accuracy of this information certificate. | Verification carried out shows that this information certificate: | ||
| |||
| |||
| … | … | ||
| (Place and date) | (Place and date) | ||
| Official Stamp | Official Stamp | ||
| … | … | ||
| (Official’s signature) | (Official’s signature) | ||
|
CROSS REFERENCES
| (1) | Name of individual or business and full address. |
| (2) | Optional information. |
| (3) | Kg, hl, m3 or other measure. |
| (4) | Packaging shall be considered to form a whole with the goods contained therein. However, this provision shall not apply to packaging which is not of the normal type for the article packed, and which has a lasting utility value of its own, apart from its function as packaging. |
| (5) | The value must be indicated in accordance with the provisions on rules of origin. |
(1) Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (OJ L 303, 31.10.2012, p. 1).
(2) Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).
(3) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
(4) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(5) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(6) See additional explanatory Note 4(b) to Chapter 27 of the Combined Nomenclature.
(7) See Introductory Note 4.2.
(8) For the special conditions relating to ‘specific processes’, see Introductory Notes 8.1 and 8.3.
(9) For the special conditions relating to ‘specific processes’, see Introductory Note 8.2.
(10) In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.
(11) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
(12) The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.
(13) See Introductory Note 7.
(14) SEMII – Semiconductor Equipment and Materials Institute Incorporated.
(15) When applications to become a registered exporter or other exchanges of information between registered exporters and competent authorities of the OCTs are made using electronic data-processing techniques, the signature and stamp referred to in boxes 5, 6 and 7 shall be replaced by an electronic authentication.
(16) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(17) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(18) Where the statement on origin replaces another statement, the subsequent holder of the goods establishing such a statement shall indicate his name and full address followed by the mention ‘acting on the basis of the statement on origin made out by [name and full address of the exporter in the OCT], registered under the following number [Number of Registered Exporter of the exporter in the OCT]’.
(19) Country of origin of products to be indicated. When the statement on origin relates, in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 46 of this Annex, the exporter must clearly indicate those products in the document on which the statement is made out by means of the symbol ‘CM’.
(20) Products wholly obtained: enter the letter ‘P’; Products sufficiently worked or processed: enter the letter ‘W’ followed by the Harmonized Commodity Description and Coding System (‘Harmonized System’) heading at the four-digit level of the exported product (example ‘W’ 9618); where appropriate, the above mention shall be replaced with one of the following indications:
| (a) | for cumulation under Article 2(2) of this Annex or bilateral cumulation under Article 7 of this Annex: ‘EU cumulation’ or ‘cumul UE’; ‘OCT cumulation’ or ‘cumul PTOM’; |
| (b) | for cumulation with an EPA country under Article 8 of this Annex: ‘cumulation with EPA country [name of the country]’ or ‘cumul avec le pays APE [nom du pays]’; |
| (c) | for cumulation with a GSP country under Article 9 of this Annex: ‘cumulation with GSP country [name of the country]’ or ‘cumul avec le pays SPG [nom du pays]’; |
| (d) | for cumulation with a country with which the Union has a free-trade agreement under Article 10 of this Annex: ‘extended cumulation with country [name of the country]’ or ‘cumul étendu avec le pays [nom du pays]’. |
ANNEX III
TEMPORARY WITHDRAWAL OF PREFERENCES
Article 1
Principles concerning the withdrawal of preferences
1. The preferential arrangements provided for under Article 44 of this Decision may be withdrawn temporarily, in respect of all or of certain products originating in an OCT, in the case of:
| (a) | fraud; |
| (b) | irregularities or systematic failure to comply with or to ensure compliance with the rules concerning the origin of the products and with the procedures related thereto; or |
| (c) | failure to provide the administrative cooperation referred to in paragraph 2 of this Article and Title V of Annex II as required for the implementation and policing of the arrangements referred to in Articles 44 to 50 of this Decision. |
2. The administrative cooperation referred to in paragraph 1 requires, inter alia, that an OCT:
| (a) | communicate to the Commission and update the information necessary for the implementation of the rules of origin and the policing thereof; |
| (b) | assist the Union by carrying out, at the request of the customs authorities of the Member States, subsequent verification of the origin of the goods, and communicate its results in time; |
| (c) | carriy out or arrange for appropriate inquiries to identify and prevent contravention of the rules of origin; |
| (d) | assist the Union by allowing the Commission, in coordination and close cooperation with the competent authorities of the Member States, to conduct Union inquiries on its territory, in order to verify the authenticity of documents or the accuracy of information relevant for granting the benefit of the arrangements referred to in Article 44 of this Decision; |
| (e) | comply with or ensure compliance with the rules of origin in respect of cumulation, within the meaning of Articles 7 to 10 of Annex II; |
| (f) | assist the Union in the verification of conduct where there is the presumption of origin-related fraud; the existence of fraud may be presumed where imports of products under the preferential arrangements provided for in this Decision massively exceed the usual levels of the beneficiary OCT exports. |
Article 2
Withdrawal of preferential arrangements
1. The Commission may temporarily withdraw the preferential arrangements provided for in this Decision, in respect of all or of certain products originating in a beneficiary country, where it considers that there is sufficient evidence that a temporary withdrawal would be justified for the reasons referred to in paragraphs 1 and 2 of Article 1 of this Annex, provided that it has first:
| (a) | consulted the Committee referred to in Article 90 of this Decision in accordance with the procedure referred to in its paragraph 4. |
| (b) | called on the Member States to take such precautionary measures as are necessary, in order to safeguard the Union’s financial interests and/or secure compliance by the beneficiary country with its obligations; and |
| (c) | published a notice in the Official Journal of the European Union stating that there are grounds for reasonable doubt about the application of the preferential arrangements and/or compliance by the beneficiary country with its obligations, which may call into question its right to continue to enjoy the benefits granted by this Decision. |
The Commission shall inform the OCT concerned of any decision taken in accordance with this paragraph, before it becomes effective. The Commission shall also notify the Committee referred to in Article 88 of this Decision.
2. The period of temporary withdrawal shall not exceed six months. On the expiry of that period, the Commission shall decide either to terminate the temporary withdrawal after informing the Committee referred to in Article 88 of this Decision or to extend the period of temporary withdrawal in accordance with the procedure referred to in paragraph 1 of this Article.
3. Member States shall communicate to the Commission all relevant information that may justify the withdrawal of preferences, its extension or its termination.
ANNEX IV
SAFEGUARD AND SURVEILLANCE PROCEDURES
Article 1
Definitions relating to surveillance and safeguard measures
For the purpose of the Articles 2 to 10 of this Annex relating to surveillance and safeguard measures:
| (a) | ‘like product’ means a product which is identical, namely alike in all respects, to the product under consideration, or, in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration; |
| (b) | ‘interested parties’ means those parties involved in the production, distribution and/or sale of the imports mentioned in Article 2(1) of this Annex and of like or directly competing products; |
| (c) | ‘serious difficulties’ shall be deemed to exist where Union producers suffer deterioration in their economic and/or financial situation. |
Article 2
Principles of safeguard measures
1. Where a product originating in an OCT referred to in Article 44 of this Decision is imported in volumes and/or at prices which cause, or threaten to cause, serious difficulties to Union producers of like or directly competing products, the necessary safeguard measures may be taken in accordance with the provisions below.
2. For the purpose of implementing paragraph 1, priority shall be given to such measures as would least disturb the functioning of the Association. Those measures shall not exceed the limits of what is strictly necessary to remedy the difficulties that have arisen. They shall not exceed the withdrawal of the preferential treatment granted by this Decision.
3. When safeguard measures are taken or modified, particular attention shall be paid to the interests of the OCT involved.
Article 3
Initiation of proceedings
1. The Commission shall investigate whether safeguard measures should be taken if there is sufficient prima facie evidence that the conditions of Article 2 of this Annex are met.
2. An investigation shall be initiated upon request by a Member State, by any legal person or any association not having legal personality, acting on behalf of Union producers, or on the Commission’s own initiative if it is apparent to the Commission that there is sufficient prima facie evidence, as determined on the basis of factors referred to in Article 2 of this Annex, to justify the initiation of an investigation. The request to initiate an investigation shall contain evidence that the conditions for imposing the safeguard measure set out in Article 2 of this Annex are met. The request shall be submitted to the Commission. The Commission shall, as far as possible, examine the accuracy and adequacy of the evidence provided in the request to determine whether there is sufficient prima facie evidence to justify the initiation of an investigation.
3. Where it is apparent that there is sufficient prima facie evidence to justify the initiation of a proceeding, the Commission shall publish a notice in the Official Journal of the European Union. Initiation of the investigation shall take place within one month of the request received pursuant to paragraph 2. If an investigation is initiated, the notice shall provide all necessary details about the procedure and deadlines, including the possibility of recourse to the Hearing Officer of the Directorate-General for Trade of the Commission.
4. The rules and procedures concerning the conduct of the investigation are laid down in Article 4 of this Annex.
5. If the OCT’s authorities so require and without prejudice to the deadlines referred to in this Article, a trilateral consultation referred to in Article 14 of this Decision shall be organised. The outcome of the trilateral consultation shall be transmitted to the OCT committee.
Article 4
Investigations
1. Following the initiation of the proceeding, the Commission shall commence an investigation. The period as set out in paragraph 3 shall start on the day the decision to initiate the investigation is published in the Official Journal of the European Union.
2. The Commission may request Member States to supply information and Member States shall take whatever steps are necessary in order to give effect to any such request. If that information is of general interest and is not confidential within the meaning of Article 9 of this Annex, it shall be added to the non-confidential files as provided for in paragraph 6 of this Article.
3. The investigation shall be concluded within 12 months of its initiation.
4. The Commission shall seek all information it considers necessary to make a determination with regard to the conditions set out in Article 2 of this Annex, and, where it considers it appropriate, shall endeavour to verify that information.
5. In the investigation the Commission shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the Union industry, in particular, the market share, changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. This list is not exhaustive and other relevant factors may also be taken into consideration by the Commission.
6. Interested parties who have come forward within the period laid down in the notice published in the Official Journal of the European Union and representatives of the OCT concerned may, upon written request, inspect all information made available to the Commission in connection with the investigation other than internal documents prepared by the Union authorities or those of the Member States, provided that that information is relevant to the presentation of their case and not confidential within the meaning of Article 9 of this Annex and that it is used by the Commission in the investigation. Interested parties who have come forward may communicate their views on the information to the Commission. Those views shall be taken into consideration where they are backed by sufficient prima facie evidence.
7. The Commission shall ensure that all data and statistics which are used for the investigation are available, comprehensible, transparent and verifiable.
8. The Commission shall hear the interested parties, in particular where they have made a written application within the period laid down in the notice published in the Official Journal of the European Union, showing that they are actually likely to be affected by the outcome of the investigation and that there are special reasons for them to be heard orally. The Commission shall hear such parties on further occasions if there are special reasons for them to be heard again.
9. If information is not supplied within the time limits set by the Commission, or the investigation is significantly impeded, findings may be made on the basis of the facts available. Where the Commission finds that any interested party or third party has supplied it with false or misleading information, it shall disregard that information and may make use of the facts available.
10. The Commission shall notify the OCT concerned in writing of the initiation of an investigation.
Article 5
Prior surveillance measures
1. The products originating in the OCT referred to in Article 44 of this Decision may be subject to special surveillance.
2. Prior surveillance measures shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 90(4) of this Decision.
3. Prior surveillance measures shall have a limited period of validity. Unless otherwise provided, they shall cease to be valid at the end of the second six-month period following the first six months after the measures were introduced.
4. The Commission and the competent OCT’s authorities shall ensure the effectiveness of the surveillance measures by introducing the methods of administrative cooperation set out in Annexes II and III.
Article 6
Imposition of provisional safeguard measures
1. On duly justified grounds of urgency relating to deterioration of the economic and/or financial situation of Union producers which would be difficult to remedy, provisional measures may be imposed. Provisional measures shall not apply for more than 200 days. Provisional measures shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 90(4) of this Decision. In cases of imperative grounds of urgency, the Commission shall adopt immediately applicable provisional safeguard measures in accordance with the procedure referred to in Article 90(6) of this Decision.
2. Should the provisional safeguard measures be repealed because the investigation shows that the conditions set out in Article 2 of this Annex are not met, any customs duty collected as a result of those provisional measures shall be refunded automatically.
Article 7
Imposition of definitive measures
1. Where the facts as finally established show that the conditions set out in Article 2 are not met, the Commission shall adopt a decision terminating the investigation and proceeding in accordance with the examination procedure referred to in Article 4. The Commission shall make public, with due regard to the protection of confidential information within the meaning of Article 9, a report setting forth its findings and reasoned conclusions reached on all pertinent issues of fact and law.
2. Where the facts as finally established show that the conditions set out in Article 2 of this Annex are met, the Commission shall adopt a decision imposing definitive safeguard measures in accordance with the examination procedure referred to in Article 4 of this Annex. The Commission shall make public, with due regard to the protection of confidential information within the meaning of Article 9 of this Annex, a report containing a summary of the material facts and considerations relevant to the determination. The Commission shall immediately notify the OCT’s authorities of the decision to take the necessary safeguard measures.
Article 8
Duration and review of safeguard measures
1. A safeguard measure shall remain in force only for such period of time as may be necessary to prevent or remedy the serious injury and to facilitate adjustment. That period shall not exceed three years, unless it is extended under paragraph 2.
2. The initial period of duration of a safeguard measure may exceptionally be extended by up to two years provided it is determined that the safeguard measure continues to be necessary to prevent or remedy serious difficulties.
3. Any extension pursuant to paragraph 2 shall be preceded by an investigation upon a request by a Member State, by any legal person or any association not having legal personality, acting on behalf of the Union industry, or on the Commission’s own initiative if there is sufficient prima facie evidence that the safeguard measure continues to be necessary.
4. The initiation of an investigation shall be published in accordance with Article 4 and the safeguard measure shall remain in force pending the outcome of the investigation. The investigation and any decision regarding an extension pursuant to paragraph 2 of this Article shall be done in accordance with Articles 6 and 7.
Article 9
Confidentiality
1. Information received pursuant to this Decision shall be used only for the purpose for which it was requested. Neither information of a confidential nature nor any information provided on a confidential basis received pursuant to this Decision shall be disclosed without specific permission from the supplier of such information.
2. Each request for confidentiality shall state the reasons why the information is confidential. However, if the supplier of the information wishes neither to make it public nor to authorise its disclosure in general terms or in the form of a summary, and if it appears that the request for confidentiality is unjustified, the information concerned may be disregarded.
3. Information shall, in any case, be considered to be confidential if its disclosure is likely to have a significantly adverse effect upon the supplier or the source of such information.
4. Paragraphs 1 to 4 shall not preclude reference by the Union authorities to general information and in particular to reasons on which decisions taken pursuant to this Decision are based. Those authorities shall, however, take into account the legitimate interest of natural and legal persons concerned that their business secrets should not be divulged.