Contents
- THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Tr…
- 1 The position to be taken on behalf of the Union in the nex…
- 2 This Decision shall enter into force on the date of its ad…
- I Introductory notes to the list in Annexes II and II A
- II Derogations from the list of working or processing to be carried out on non-originating materials in order for the product manufactured to acquire originating status, in accordance with Article 4(2)
- III Form for movement certificate EUR.1
- IV Origin declaration
- V Supplier declaration for products not having preferential origin status
- VI Information certificate
- VII Form for application of a derogation
- VIII Overseas Countries and Territories
- IX Products referred to in Article 7(5) of this Protocol
- Protocol concerning the definition of the concept of originating products and methods of administrative cooperation
THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof,Having regard to the proposal from the European Commission,Whereas:
(1)The interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other partnote (‘the Agreement’), was signed by the Union pursuant to Council Decision 2009/152/ECnote and has been applied on a provisional basis by Cameroon since 4 August 2014.
(2)Pursuant to Article 13(2) of the Agreement, the EPA Committee may adopt a reciprocal common regime governing the rules of origin.
(3)In accordance with Article 13(2) and Article 108 of the Agreement, the reciprocal common regime governing the rules of origin is to be annexed to the Agreement in the form of a Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (the ‘Protocol’) and is to form an integral part thereof.
(4)At its annual meeting in 2024 or by written procedure, the EPA Committee is to adopt a decision as regards the Protocol.
(5)The Protocol takes into account the most recent developments in order to provide more flexible and simpler rules of origin, with a view to facilitating trade for economic operators and optimising the use of the preferential treatment provided for in the Agreement.
(6)It is appropriate to establish the position to be taken on the Union’s behalf in the EPA Committee, as that decision will be binding on the Union,
HAS ADOPTED THIS DECISION:
Article 1#
The position to be taken on behalf of the Union in the next annual meeting of the EPA Committee established under the interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, as regards the adoption of a decision of the EPA Committee on the Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, shall be based on the draft decision of the EPA Committee attached to this Decision.
Annex I · Introductory notes to the list in Annexes II and II A
Note 1:The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 4 of this Protocol.Note 2:
1.The first two columns in the list describe the product obtained. The first column gives the heading number or chapter number used in the Harmonized System and the second column gives the description of goods used in that system for that heading or chapter. For each entry in the first two columns, a rule is specified in columns 3 or 4. Where, in some cases, the entry in the first column is preceded by an ‘ex’, this signifies that the rules in columns 3 or 4 apply only to the part of that heading as described in column 2.
1.The provisions of Article 4 concerning products having acquired originating status which are used in the manufacture of other products apply regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the European Union or in the Central Africa Party.For example:An engine of heading 8407, for which the rule states that the value of the non-originating materials which may be incorporated may not exceed 40 % of the ex-works price, is made from ‘other alloy steel roughly shaped by forging’ of heading ex 7224.If this forging has been forged in the European Union from a non-originating ingot, it has already acquired originating status by virtue of the rule for heading ex 7224 in the list. The forging can then count as originating in the value calculation for the engine, regardless of whether it was produced in the same factory or in another factory in the European Union. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.
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 that have been carded, combed or otherwise processed but not spun.
1.Where, for a given product in the list, reference is made to this Note, the conditions set out in column 3 shall not be applied to any basic textile materials used in the manufacture of this product and which, taken together, represent 10 % or less of the total weight of all the basic textile materials used. (See also Notes 5.3 and 5.4 below).
1.In the case of those textile products which are marked in the list by a footnote referring to this Introductory Note, textile trimmings and accessories which do not satisfy the rule set out in the list in column 3 for the made up products concerned may be used provided that their weight does not exceed 10 % of the total weight of all the textile materials incorporated.The textile trimmings and accessories concerned are those classified in Chapters 50 to 63 of the Harmonized System. Linings and interlinings are not be regarded as trimmings or accessories.
1.For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, the ‘specific processes’ are as follows:
(a)vacuum distillation;
(b)redistillation by a very thorough fractionation process;
(c)cracking;
(d)reforming;
(e)extraction by means of selective solvents;
(f)processing with concentrated sulphuric acid, oleum or sulphuric anhydride, neutralisation with alkaline agents, decolourisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;
(g)polymerisation;
(h)alkylation;
(i)isomerisation.
2.Where several heading numbers are grouped together in column 1 or a chapter number is given and the description of products in column 2 is therefore given in general terms, the adjacent rules in column 3 or 4 apply to all products which, under the Harmonized System, are classified in headings of the chapter or in any of the headings grouped together in column 1.
2.The rule in the list represents the minimum amount of working or processing required, and the carrying out of more working or processing also confers originating status; conversely, the carrying out of less working or processing cannot confer originating status. In other words, 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.
2.The term ‘natural fibres’ includes horsehair of heading 0511, silk of headings 5002 and 5003, as well as wool-fibres and fine or coarse animal hair of headings 5101 to 5105, cotton fibres of headings 5201 to 5203, and other vegetable fibres of headings 5301 to 5305.
2.However, the tolerance mentioned in Note 5.1 may only be applied to mixed products which have been made from two or more basic textile materials.The following are the basic textile materials:
—silk,
—jute and other textile bast fibres,
—sisal and other textile fibres of the genus Agave,
—coconut, abaca, ramie and other vegetable textile fibres,
—synthetic man-made filaments,
—artificial man-made filaments,
—current conducting filaments,
—synthetic man-made staple fibres of polypropylene,
—synthetic man-made staple fibres of polyester,
—synthetic man-made staple fibres of polyamide,
—synthetic man-made staple fibres of polyacrylonitrile,
—wool,
—synthetic man-made staple fibres of polyimide,
—synthetic man-made staple fibres of polytetrafluoroethylene,
—synthetic man-made staple fibres of polyphenylene sulphide,
—synthetic man-made staple fibres of polyvinyl chloride,
—other synthetic man-made staple fibres,
—artificial man-made staple fibres of viscose,
—other artificial man-made staple fibres,
—yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped,
—yarn made of polyurethane segmented with flexible segments of polyester, whether or not gimped,
—products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film,
—coarse animal hair,
—other products of heading 5605.
—fine animal hair,
—horsehair,
—cotton,
—paper-making materials and paper,
—flax,
—true hemp,
For example:A yarn of heading 5205 made from cotton fibres of heading 5203 and synthetic staple fibres of heading 5506 is a mixed yarn. Therefore, non-originating synthetic staple fibres that do not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) may be used up to a weight of 10 % of the yarn.For example:A woollen fabric of heading 5112 made from woollen yarn of heading 5107 and synthetic yarn of staple fibres of heading 5509 is a mixed fabric. Therefore, synthetic yarn which does not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) or woollen yarn which does not satisfy the origin rules (which require manufacture from natural fibres, not carded or combed or otherwise prepared for spinning) or a combination of the two may be used, provided that their total weight does not exceed 10 % of the weight of the fabric.For 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.For 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.
2.Any non-textile trimmings and accessories or other materials used which contain textiles do not have to satisfy the conditions set out in column 3 even though they fall outside the scope of Note 3.5.
2.For the purposes of headings 2710 to 2712, the ‘specific processes’ are as follows:
(a)vacuum distillation;
(b)redistillation by a very thorough fractionation process;
(c)cracking;
(d)reforming;
(e)extraction by means of selective solvents;
(f)processing with concentrated sulphuric acid, oleum or sulphuric anhydride, neutralisation with alkaline agents, decolourisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;
(g)polymerisation;
(h)alkylation;
(i)isomerisation.
(j)in respect of heavy oils falling within heading ex 2710 only, desulphurisation with hydrogen resulting in a reduction of at least 85 % of the sulphur content of the products processed (ASTM D 1266-59 T method);
(k)in respect of products falling within heading 2710 only, deparaffining by a process other than filtering;
(l)in respect of heavy oils falling within heading ex 2710 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250 oC with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. Further treatment with hydrogen of lubricating oils of heading ex 2710 (e.g. hydrofinishing or decolourisation) in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;
(m)in respect of fuel oils of heading ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 oC, by the ASTM D 86 method;
(n)in respect of heavy oils other than gas oils and fuel oils falling within heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.
3.Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in columns 3 or 4.
3.Without prejudice to Note 3.2, where a rule states that ‘materials of any heading’ may be used, materials of the same heading as the product may also be used, subject, however, to any specific limitations which may also be contained in the rule. However, the expression ‘manufacture from materials of any heading, including other materials of heading …’ means that only materials classified in the same heading as the product of a description other than that of the product as given in column 2 of the list may be used.
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 of the Harmonized System which can be used to manufacture artificial, synthetic or paper fibres or yarns.
3.In the case of products incorporating ‘yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped’ this tolerance is 20 % in respect of the yarn.
3.In accordance with Note 3.5, any non-originating non-textile trimmings and accessories or other product which do not contain any textiles may, in all cases, be used freely where they cannot be made from the materials listed in column 3.For examplenote, if a rule in the list says that for a particular textile item, such as a blouse, yarn must be used, this does not prevent the use of metal items, such as buttons, because they cannot be made from textile materials.
3.For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, simple operations such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur contents, any combination of these operations or like operations do not confer origin.
4.Where, for an entry in the first two columns, a rule is specified in both columns 3 and 4, the exporter may opt to apply either the rule set out in column 3 or that set out in column 4. If no origin rule is given in column 4, the rule set out in column 3 has to be applied.
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.For example:The rule for fabrics of headings 5208 to 5212 indicates that natural fibres may be used and that chemical materials, among other materials, may also be used. This does not mean that both have to be used; it is possible to use one or the other or both.
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.
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 an adhesive between two layers of plastic film’, the tolerance is 30 % in respect of the strip.
4.Where a percentage rule applies, the value of trimmings and accessories must be taken into account when calculating the value of the non-originating materials incorporated.
5.Where a rule in the list specifies that a product must be manufactured from a particular material, the condition obviously does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule. (See also Note 6.3 below in relation to textiles).For example:The rule for prepared foods of heading 1904, which specifically excludes the use of cereals and their derivatives, does not prevent the use of mineral salts, chemicals and other additives which are not produced from cereals.However, this does not apply to products which, although they cannot be manufactured from the particular materials specified in the list, can be produced from a material of the same nature at an earlier stage of manufacture.For example:In the case of an article of apparel of ex Chapter 62 of the Harmonized System made from non-woven materials, if the use of only non-originating yarn is allowed for this class of article, it is not possible to start from non-woven cloth – even if non-woven cloths cannot normally be made from yarn. In such cases, the starting material would normally be at the stage before yarn – that is the fibre stage.
6.Where, in a rule in the list, two percentages are given for the maximum value of non-originating materials that can be used, then those percentages may not be added together. In other words, the maximum value of all the non-originating materials used may never exceed the higher of the percentages given. Furthermore, the individual percentages must not be exceeded in relation to the particular materials to which they apply.
Note 3:Note 4:Note 5:Note 6:Note 7:
Annex II · Derogations from the list of working or processing to be carried out on non-originating materials in order for the product manufactured to acquire originating status, in accordance with Article 4(2)
The products mentioned in the list may not all be covered by the Agreement. It is, therefore, necessary to consult the other parts of the Agreement.
Common provisions
1.For the products listed in the table below, the following rules may also apply instead of the rules set out in Annex II.
2.A proof of origin issued or made out pursuant to this Annex shall bear the following entry in English or in French:‘Derogation – Annex II A to Protocol … – Materials of HS heading No … originating from … used.’‘Dérogation - Annexe II A du protocole … - Matières de la position du SH no … originaires de … utilisées.’This entry shall be recorded in box 7 of the movement certificates EUR.1 referred to in Article 19 of this Protocol, or shall be added to the origin declaration referred to in Article 22 of this Protocol.
3.The Central African States that are signatories to the Agreement and the Member States of the European Union shall each take the steps necessary to implement this Annex.
HS headingProduct descriptionSpecial derogation concerning working or processing carried out on non-originating materials that confers originating statusChapter 2Meat and edible meat offalAll meat and edible offal must be wholly obtainedChapter 4Dairy produce; birds’ eggs, natural honey, edible products of animal origin, not elsewhere specified or includedManufacture in which:
—all the materials of Chapter 4 used are wholly obtained
—in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
—from materials of any heading except that of the product
—in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
—from materials of any heading except that of the product
—in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
—with a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax
—Embroidered
—Unwrought
—Mucilages and thickeners, modified, derived from vegetable products
—Soya-bean, ground-nut, palm, coconut (copra), palm kernel, babassu, tung and oiticica oil, myrtle wax and Japan wax, fractions of jojoba oil and oils for technical or industrial uses other than the manufacture of foodstuffs for human consumption, except olive oils of headings 1509 and 1510
—from materials of any heading except that of the product
—from materials of any heading except that of the product
—the content of materials of Chapter 11 used does not exceed 20 % by weight
—with a content of materials of heading 1108 13 (potato starch) not more than 30 % by weight
—from materials of any heading, except those of heading 1806
—from materials of any heading except that of the product
—the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
—in which the maize (corn) content or the content of materials of Chapters 2, 4 and 17 used does not exceed 40 % of the weight of the final product
—in which the maize (corn) content or the content of materials of Chapters 2, 4 and 17 used does not exceed 40 % of the weight of the final product
—Other
—Semi-manufactured or in powder form
—in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
—in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
—the weight of the materials of Chapters 2 and 3 used does not exceed 20 % of the weight of the final product
—in which the content of materials of Chapter 11 used does not exceed 20 % by weight
—in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
—in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
—in which the content of materials of Chapters 4 and 17 used does not exceed 40 % of the weight of the final product
—in which the content of materials of Chapters 4 and 17 used does not exceed 40 % of the weight of the final product
—in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
Chapter 6Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliageManufacture in which all the materials of Chapter 6 used are wholly obtainedorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product0812 – 0814Fruit and nuts, provisionally preserved; fruit, dried, other than that of headings 0801 to 0806;peel of citrus fruits or melonsManufacture in which the content of materials of Chapter 8 used does not exceed 30 % of the weight of the final productChapter 9Coffee, tea, maté and spicesManufacture from materials of any heading1101 – 1104Grain mill productsManufacture from materials of Chapter 10, except rice of heading 10061105 – 1109Flour, meal, powder, flakes of potatoes, etc.; starches; inulin; wheat glutenManufacture in which the content of non-originating materials does not exceed 20 % by weightorManufacture from materials of Chapter 10, except materials of heading 1006, in which the materials of heading 0710 and of subheading 0710 10 used are wholly obtainedChapter 12Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodderManufacture from materials of any heading except that of the product1301Lac; natural gums, resins, gum-resins and oleoresins (for example, balsams)Manufacture from materials of any heading1302Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product1506Other animal fats and oils and their fractions, whether or not refined, but not chemically modifiedManufacture from materials of any heading except that of the productex 1507 to ex 1515Vegetable oils and their fractions:Manufacture from materials of any subheading except that of the product1516Animal 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 preparedManufacture from materials classified in a heading other than that of the productChapter 18Cocoa and cocoa preparationsManufacture:1901Food preparations of flour, groats, meal, starch or malt extract, not containing cocoa in more than 40 % by weight calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of heading 0401 to 0404, containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or includedManufacture:1902Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not preparedManufacture in which:1903Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms:Manufacture from materials of any heading except that of the product1904Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals other than maize (corn) in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked, or otherwise prepared, not elsewhere specified or includedManufacture:1905Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar productsManufacture in which the content of materials of Chapter 11 used does not exceed 20 % by weightex Chapter 20Preparations of vegetables, fruit, nuts or other parts of plants:from materials other than of headings 2002 and 2003Manufacture:orManufacture:Chapter 21Miscellaneous edible preparationsManufacture:orManufacture:Chapter 23Residues and waste from the food industries; prepared animal fodderManufacture:orManufacture:Chapter 32Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inksManufacture in which all the materials used are classified in a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the productChapter 33Essential oils and resinoids; perfumery, cosmetic or toilet preparationsManufacture in which all the materials used are classified in a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the productex Chapter 34Soap, 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:Manufacture in which all the materials used are classified in a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the productex 3404Artificial waxes and prepared waxes:Manufacture from materials of any headingChapter 35Albuminoidal substances; modified starches; glues; enzymesManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the productChapter 36Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparationsManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the productChapter 37Photographic or cinematographic goods;Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the productChapter 38Miscellaneous chemical productsManufacture in which all the materials used are classified in a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the productex 3922 to 3926Articles of plasticsManufacture in which all the materials used are classified in a heading other than that of the productex Chapter 41Raw hides and skins (other than furskins) and leatherManufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product4101 – 4103Raw 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 Notes 1(b) or 1(c) to Chapter 41Manufacture from materials of any heading4104 – 4106Tanned or crust hides and skins, without wool or hair on, whether or not split, but not further preparedRetanning of pre-tanned leatherChapter 42Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut)Manufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the productChapter 46Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerworkManufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the productChapter 48Paper and paperboard; articles of paper pulp, of paper or of paperboardManufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the productex 6117Other made-up clothing accessories; knitted or crocheted parts of garments or of clothing accessoriesSpinning of natural and/or man-made staple fibres, or extrusion of man-made filament yarn, accompanied by knitting (knitted-to-shape products)orDyeing of yarn of natural fibres accompanied by knitting (knitted-to-shape products)6213 and 6214Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like:Weaving accompanied by making-up (including cutting)orManufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the productorMaking-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 productWeaving accompanied by making-up (including cutting)orMaking-up preceded 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 product6307Other made-up articles, including dress patternsManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product6308Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered tablecloths or serviettes, or similar textile articles, put up in packings for retail saleEach item of the set must satisfy the rule which would apply to it if it were not included in the set. However, the value of the non-originating articles must not exceed 35 % of the ex-works price of the setex Chapter 64Footwear, gaiters and the likeManufacture from materials of any heading, except from assemblies of uppers affixed to inner soles or to other sole componentsChapter 69Ceramic productsManufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the productex Chapter 71Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin; except for:Manufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product7106, 7108 and 7110Precious metals:Manufacture from materials of any heading, except those of headings 7106, 7108 and 7110orElectrolytic, thermal or chemical separation of precious metals of heading 7106, 7108 or 7110orFusion and/or alloying of precious metals of heading 7106, 7108 or 7110 with each other or with base metalsManufacture from unwrought precious metals7115Other articles of precious metal or of metal clad with precious metalManufacture from materials of any heading except that of the productChapter 83Miscellaneous articles of base metalManufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the productex 8302Other mountings, fittings and similar articles suitable for buildings, and automatic door closersManufacture in which all the materials used are classified in a heading other than that of the product. However, the other materials of heading 8302 may be used provided their value does not exceed 30 % of the ex-works price of the productex 8306Statuettes and other ornaments, of base metalManufacture in which all the materials used are classified in a heading other than that of the product. However, the other materials of heading 8306 may be used provided their value does not exceed 40 % of the ex-works price of the productChapter 84Nuclear reactors, boilers, machinery and mechanical appliances; parts thereofManufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the productChapter 85Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articlesManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the productChapter 87Vehicles other than railway or tramway rolling stock, and parts and accessories thereofManufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the productChapter 94Furniture; 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 buildingsManufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
III · Form for movement certificate EUR.1
1.Movement certificates EUR.1 shall be made out on the basis of the form of which a specimen appears in this Annex. This form shall be printed in one or more of the languages in which the Agreement is drawn up. Certificates shall be made out in one of these languages and in accordance with the provisions of the domestic law of the exporting State. If they are handwritten, they shall be completed in ink in printed characters.
2.Each 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 used must be white, sized for writing, not containing mechanical pulp and weighing not less than 60 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.
3.The exporting States may reserve the right to print the certificates themselves or may have them printed by approved printers. In the latter case, each certificate must include a reference to such approval. Each certificate must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.
4.For the purposes of the Agreement:
—it must be indicated in box 2 of the certificate that the certificate is used in preferential trade between the European Union and the Central Africa Party. The name of the Central African State concerned may be added in brackets after ‘Central Africa’;
—either ‘European Union’ or ‘Central Africa’ must be indicated in boxes 4 and 5 of the certificate. The name of the Central African State concerned acceding to this Agreement may be added in brackets after ‘Central Africa’.
Annex IV · Origin declaration
The origin declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
Bulgarian version
Износителят на продуктите, обхванати от този документ (митническо разрешение № … (1)) декларира, че освен кьдето е отбелязано друго, тези продукти са с … преференциален произход(2).
Spanish version
El exportador de los productos incluidos en el presente documento (autorización aduanera no … … (1).) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial … (2).
Czech version
Vývozce výrobků uvedených v tomto dokumentu (číslo povolení … (1)) prohlašuje, že kromě zřetelně označených, mají tyto výrobky preferenční původ v … (2).
Danish version
Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. … (1)), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i … (2).
German version
Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. … (1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte … (2) Ursprungswaren sind.
Estonian version
Käesoleva dokumendiga hõlmatud toodete eksportija (tolliameti kinnitus nr. … (1)) deklareerib, et need tooted on … (2) sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.
Greek version
Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ΄αριθ. … (1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (2).
English version
The exporter of the products covered by this document (customs authorization No … (1)) declares that, except where otherwise clearly indicated, these products are of … (2) preferential origin.
French version
L’exportateur des produits couverts par le présent document (autorisation douanière no … (1)) déclare que, sauf indication claire du contraire, ces produits ont l’origine préférentielle … (2)).
Croatian version
Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. … (1)) izjavljuje da su, osim ako je drukčije izričito navedeno, ovi proizvodi … (2) preferencijalnog podrijetla.
Italian version
L’esportatore delle merci contemplate nel presente documento (autorizzazione doganale n … (1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale … (2).
Latvian version
Eksportētājs produktiem, kuri ietverti šajā dokumentā (muitas pilnvara Nr. … (1)), deklarē, ka, iznemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir priekšrocību izcelsme no … (2).
Lithuanian version
Šiame dokumente išvardintų prekių eksportuotojas (muitinès liudijimo Nr … (1)) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra … (2) preferencinès kilmés prekés.
Hungarian version
A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: … (1)) kijelentem, hogy eltérő jelzés hianyában az áruk kedvezményes … (2) származásúak.
Maltese version
L-esportatur tal-prodotti koperti b’dan id-dokument (awtorizzazzjoni tad-dwana nru. … (1)) jiddikjara li, ħlief fejn indikat b’mod ċar li mhux hekk, dawn il-prodotti huma ta’ oriġini preferenzjali … (2).
Dutch version
De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. … (1)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële … oorsprong zijn(2).
Polish version
Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr … (1)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają … (2) preferencyjne pochodzenie.
Portuguese version
O exportador dos produtos cobertos pelo presente documento (autorização aduaneira no. … (1)), declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial … (2).
Romanian version
Exportatorul produselor ce fac obiectul acestui document (autorizaţia vamală nr. … (1)) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferenţială … (2).
Slovenian version
Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št … (1)) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno … (2) poreklo.
Slovak version
Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia … (1)) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v … (2).
Finnish version
Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa n:o … (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja … alkuperätuotteita (2).
Swedish version
Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr. … (1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande … ursprung(2).
…(3)
(Place and date)
…(4)
(Signature of the exporter; in addition the name of the person signing the declaration has to be indicated in clear script)
(1)When the origin declaration is made out by an exporter within the meaning of Article 22(1)(a) and (b) of this Protocol, the authorisation or identification number of that exporter must be entered in this space. When the origin declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.(2)Origin of products to be indicated. Where the origin declaration relates, in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 41 of this Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’.(3)These indications may be omitted if the information is contained on the document itself.(4)See Article 22(4) of this Protocol. In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.
Annex V · Supplier declaration for products not having preferential origin status
I, the undersigned, declare that the goods listed on this invoice …………………………………………………… (1) were produced ……………………………………………………… (2) and incorporate the following components or materials which do not originate in a Central African State, in another ACP State having applied an EPA at least on a provisional basis, in an OCT or in the European Union 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 abovementioned 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(5) of the Protocol), the name of the document concerned should be mentioned instead of the word ‘invoice’.
(2)The European Union, a Member State of the European Union, a Central African State, an OCT or another ACP State having applied an EPA at least on a provisional basis.(3)A description of the product 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 should be given as ‘third country’.(6)Add the following: ‘and have undergone the following processing in [the European Union] [European Union Member State] [a Central African State] [an OCT] [another ACP State having applied an EPA at least on a provisional basis]’, along with a description of the processing carried out if this information is required.(7)Place and date.(8)Name and function in company.(9)Signature.
Annex VI · Information certificate
1.The form of the information certificate given in this Annex shall be used. It shall be printed in one or more of the official languages in which the Agreement is drawn up and shall be in accordance with the provisions of the domestic law of the exporting State. 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 x 297 mm (A4 format) 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 65 g/m2.
3.The national administrations may reserve the right to print the forms themselves or may have them printed by printers approved by them. In the latter case, each certificate 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.
VII · Form for application of a derogation
| 1.Commercial description of the finished product1.1.Customs classification (HS heading) | 2.Anticipated annual quantity of exports to the European Union (weight, number of pieces, metres or other unit) |
| 3.Commercial description of third country materialsCustoms classification (HS heading) | 4.Anticipated annual quantity of third country materials to be used |
| 5.Value of third country materials | 6.Ex-works value of finished product |
| 7.Origin of third country materials | 8.Reasons why the rule of origin for the finished product cannot be fulfilled |
| 9.Commercial description of materials originating in the countries or territories referred to in Article 6 of this Protocol to be used | 10.Anticipated annual quantity of materials originating in the countries or territories referred to in Article 6 of this Protocol to be used |
| 11.Value of materials originating in the countries or territories referred to in Article 6 to be used | 12.Working or processing carried out in the countries or territories referred to in Article 6 of this Protocol without obtaining origin |
| 13.Duration requested for derogationfrom ……………… to …………………… | 14.Detailed description of working or processing in the Central African States |
| 15.Capital structure of the firm concerned | 16.Amount of investments made/foreseen |
| 17.Staff employed/expected | 18.Value added by the working or processing in the Central African States:18.1. Labour:18.2. Overheads:18.3. Other: |
| 19.Other possible sources of supply for materials | 20.Possible developments to overcome the need for a derogation in the future |
| 21.Remarks |
NOTES1.If the boxes in the form are not sufficient to contain all relevant information, additional pages may be attached to the form. In this case, ‘see annex’ must be indicated in the appropriate box.2.If possible, samples or other illustrative material (pictures, designs, catalogues, etc.) of the final product and of the materials used should accompany the form.3.A form shall be completed for each product covered by the request.Boxes 3, 4, 5, 7: ‘third country’ means any country which is not referred to in Article 6 of the Protocol.Box 12: If third country materials have been worked or processed in the countries or territories referred to in Article 6 of this Protocol without obtaining origin, before being further processed in the Central African States which are requesting the derogation, indicate the working or processing carried out in the countries or territories referred to in Article 6 of this Protocol.Box 13: The dates to be indicated are the start and end dates for the period in which EUR.1 certificates may be issued under the derogation.Box 18: Indicate either the percentage of value added in relation to the ex-works price of the product or the monetary amount of value added per unit of product.Box 19: If alternative sources of materials exist, indicate here what they are and, if possible, the reasons relating to cost or other reasons why they are not used.Box 20: Indicate possible investment or diversification of sources of supply which makes the derogation necessary for only a limited period of time.
VIII · Overseas Countries and Territories
1.Overseas countries and territories of the Kingdom of Denmark:
—Greenland.
2.Overseas countries and territories of the French Republic:
—New Caledonia and Dependencies,
—French Polynesia,
—Saint Pierre and Miquelon,
—Saint Barthélemy,
—French Southern and Antarctic Territories,
—Wallis and Futuna Islands.
3.Overseas countries and territories of the Kingdom of the Netherlands:
—Aruba,
—Bonaire,
—Curaçao,
—Saba,
—Sint Eustatius,
—Sint Maarten.
Within the meaning of this Protocol ‘overseas countries and territories’ are the countries and territories referred to in Annex II to the Treaty on the Functioning of the European Union listed below:
This list is without prejudice to the status of these countries and territories, or to future changes in their status.
Annex IX · Products referred to in Article 7(5) of this Protocol
| CN code | Description |
|---|---|
| 1701 | Cane or beet sugar and chemically pure sucrose, in solid form. |
| 1702 | Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel. |
| 17049099 | Sugar confectionery (including white chocolate), not containing cocoa:- other:-- other:--- other:---- other:----- other: |
| 18061030 | Chocolate and other food preparations containing cocoa- cocoa powder, containing added sugar or other sweetening matter-- containing 65 % or more but less than 80 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose |
| 18061090 | Chocolate and other food preparations containing cocoa:- cocoa powder, containing added sugar or other sweetening matter:-- containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose |
| 18062095 | Chocolate and other food preparations containing cocoa:- other preparations in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg:-- other:--- other: |
| 19019099 | Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:- other:-- other:--- other: |
| 21011298 | Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:- extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:-- preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:--- other |
| 21012098 | Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:- extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté:-- preparations:--- other |
| 21069059 | Food preparations not elsewhere specified or included:- other-- flavoured or coloured sugar syrups:--- other---- other |
| 21069098 | Food preparations not elsewhere specified or included:- other-- other--- other |
| 33021029 | Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:- of a kind used in the food or drink industries:-- of a kind used in the drink industries:--- preparations containing all flavouring agents characterising a beverage:---- other----- other |
Protocol concerning the definition of the concept of originating products and methods of administrative cooperation
TITLE I:General provisionsArticle1.DefinitionsTITLE II:Definition of the concept of ‘originating products’Articles2.General requirements3.Wholly obtained products4.Sufficiently worked or processed products5.Insufficient working or processing operations6.Working or processing of materials imported into the European Union free of duty7.Cumulation of origin8.Cumulation with countries or territories benefiting from duty-free quota-free access under the EU scheme of generalised tariff preferences9.Cumulation with countries or territories benefiting from duty-free quota-free access under preferential agreements or arrangements of the European Union10.Unit of qualification11.Accessories, spare parts and tools12.Sets13.Neutral elements14.Accounting segregationTITLE III:Territorial requirementsArticles15.Principle of territoriality16.Non-alteration17.ExhibitionsTITLE IV:Proof of originArticles18.General requirements19.Procedure for the issue of a movement certificate EUR.120.Movement certificates EUR.1 issued retrospectively21.Issue of a duplicate movement certificate EUR.122.Conditions for making out an origin declaration23.Validity of proof of origin24.Submission of proof of origin25.Importation by instalments26.Exemptions from proof of origin27.Information procedure for cumulation purposes28.Supporting documents29.Preservation of proof of origin and supporting documents30.Discrepancies and clerical errors31.Amounts expressed in euroTITLE V:Administrative cooperationArticles32.Administrative conditions for products to benefit from the Agreement33.Notification of customs authorities34.Other methods of administrative cooperation35.Verification of proof of origin36.Verification of suppliers’ declarations37.Dispute settlement38.Penalties39.Free zones40.DerogationsTITLE VI:Ceuta and MelillaArticles41.Special conditions42.Specific conditionsTITLE VII:Final provisionsArticles43.Revision and application of rules of origin44.Annexes45.Implementation of the Protocol46.Transitional provisions for goods in transit or storageANNEXESANNEX I:Introductory notes to the list in Annexes II and II AANNEX II:List of working or processing to be carried out on non-originating materials in order for the product manufactured to acquire originating statusANNEX II A:Derogations from the list of working or processing to be carried out on non-originating materials in order for the product manufactured to acquire originating statusANNEX III:Form for movement certificateANNEX IV:Origin declarationANNEX V A:Supplier declaration for products having preferential origin statuANNEX V B:Supplier declaration for products not having preferential origin statusANNEX VI:Information certificateANNEX VII:Form for application for a derogationANNEX VIII:Overseas Countries and TerritoriesANNEX IX:Products referred to in Article 7(5)JOINT DECLARATION concerning the Principality of AndorraJOINT DECLARATION concerning the Republic of San Marino
(1)products originating in Ceuta and Melilla:
(a)products wholly obtained in Ceuta and Melilla;
(b)products obtained in Ceuta and Melilla, in the manufacture of which products other than those referred to in (a) are used, provided that:
(i)such products have undergone sufficient working or processing within the meaning of Article 4, or that
(ii)those products originate in a Central African State or in the European Union, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5;
(2)products originating in a Central African State:
(a)products wholly obtained in a Central African State;
(b)products obtained in a Central African State, in the manufacture of which products other than those referred to in (a) are used, provided that:
(i)such products have undergone sufficient working or processing within the meaning of Article 4, or that
(ii)those products originate in Ceuta and Melilla or in the European Union within the meaning of this Protocol, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5.
(a)‘manufacture’ means any kind of working or processing including assembly or specific operations;
(a)benefiting from the ‘special arrangements for least developed countries’ under the EU scheme of generalised tariff preferencesnote;
(a)materials which, on importation into the European Union, are subject to antidumping or countervailing duties when originating in a country which is subject to these antidumping or countervailing duties;
(a)all the countries involved in the acquisition of the originating status have entered into an arrangement or agreement on administrative cooperation which ensures correct implementation of this Article and includes a reference to the use of appropriate proof of origin;
(a)materials of Chapters 1 to 24 of the Harmonized System or listed in paragraph 1(ii) of Annex 1 to the Agreement on Agriculture included in the GATT/WTO 1994;
(a)all the countries involved in the acquisition of the originating status have entered into an arrangement or agreement on administrative cooperation which ensures correct implementation of this Article and includes a reference to the use of appropriate proof of origin;
(a)when a product composed of a group or assembly of articles is classified under the terms of the Harmonized System in a single heading, the whole constitutes the unit of qualification;
(a)energy and fuel;
(a)are the same goods as those exported; and
(a)that those products are wholly obtained in the European Union or in the Central Africa Party or have undergone working or processing there which goes beyond the operations referred to in Article 5 prior to being exported; and
(a)an exporter has consigned these products from the Central Africa Party or from the European Union to the country in which the exhibition is held and has exhibited them there;
(a)products wholly obtained in the European Union within the meaning of Article 3 of this Protocol;
(a)a movement certificate EUR.1, a specimen of which appears in Annex III; or
(a)it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances; or
(a)in the cases referred to in Article 18(1), by an exporter registered in accordance with the relevant EU legislation;
(a)direct evidence of the processes carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal book-keeping;
(a)provide each other with the necessary administrative cooperation in the event of a request for the monitoring of the proper management and control of the Protocol in the country concerned, including on-site visits;
(a)description of the finished product;
(a)the level of development or the geographical situation of the Central African State;
(a)the economic and social impact of the decisions to be taken, especially in respect of employment;
(a)Derogations shall be valid for a period, generally of five (5) years, to be determined by the EPA Committee.
(a)the national and regional arrangements required for the implementation and enforcement of the rules and procedures laid down in this Protocol, in particular the arrangements necessary for the application of the articles on cumulation;
(a)products wholly obtained in the Central Africa Party within the meaning of Article 3 of this Protocol;
(a)live animals born and raised there;
(a)which are registered in a Member State of the European Union or in a Central African State;
(a)their total value does not exceed 10 % of the ex-works price of the product for products of the European Union and 15 % of the ex-works price of the product for products of the Central Africa Party;
(a)preserving operations to ensure that the products remain in good condition during transport and storage;
(a)the receiving party and all the countries or territories involved in the acquisition of the originating status have entered into an arrangement or agreement on administrative cooperation with each other which ensures the correct implementation of this Article and includes a reference to the use of appropriate proof of origin;
(a)materials of Harmonized System headings 1604 and 1605 originating in the EPA Pacific States pursuant to Article 6(6) of Protocol II to the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other partnote;
(b)‘material’ means any ingredient, raw material, component or part, etc., used in the manufacture of the product;
(b)benefiting from duty-free quota-free access to the market of the European Union under the general provisions of the scheme of generalised tariff preferencesnote,
(b)materials of tariff subheadings 3302 10 and 3501 10 of the Harmonized System;
(b)the Central African State(s) provide(s) the European Union, through the European Commission, with details of agreements on administrative cooperation with the other countries or territories referred to in this Article. 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 in respect of those countries or territories listed in this Article which have fulfilled the necessary requirements.
(b)materials which, on importation into the European Union, are subject to antidumping or countervailing duties when originating in a country which is subject to these antidumping or countervailing duties;
(b)the Central African State(s) provide(s) the European Union, through the European Commission, with details of agreements on administrative cooperation with the other countries or territories referred to in this Article. 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 in respect of those countries or territories listed in this Article which have fulfilled the necessary requirements.
(b)when a consignment consists of a number of identical products classified under the same heading of the Harmonized System, each product shall be taken individually when applying the provisions of this Protocol.
(b)plant and equipment;
(b)have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.
(b)that it can be demonstrated to the satisfaction of the customs authorities that:
(i)any working or processing done outside the European Union or outside the Central Africa Party has been done under the outward processing arrangements, or similar arrangements;
(ii)the re-imported goods have been obtained by working or processing the exported materials; and
(iii)all costs arising outside the Central Africa Party or the European Union, including the value of the materials incorporated there, do not exceed 10 % of the ex-works price of the end product for which originating status is claimed.
(b)the products have been sold or otherwise disposed of by that exporter to a person in the Central Africa Party or in the European Union;
(b)products obtained in the European Union incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the European Union within the meaning of Article 4 of this Protocol.
(b)an origin declaration, given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified.
(b)it is demonstrated to the satisfaction of the customs authorities that a movement certificate EUR.1 was issued but was not accepted at importation for technical reasons.
(b)in the cases referred to in Article 18(2)(b), by an exporter registered in accordance with the relevant legislation of the Central Africa Party;
(b)documents proving the originating status of materials used, issued or made out in the Central Africa Party, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9 where these documents are used in accordance with domestic law;
(b)check, in accordance with Article 35, the originating status of the products and compliance with the other requirements of this Protocol.
(b)nature and quantity of materials originating in a third country;
(b)cases where the application of the existing rules of origin would significantly affect the ability of an existing industry in a Central African State acceding to this Agreement to continue its exports to the European Union, with particular reference to cases where this could lead to cessation of its activities;
(b)the need to apply the derogation for a period taking into account the particular situation of the Central African State concerned and its difficulties.
(b)The derogation decision may provide for renewals without a new decision of the EPA Committee being necessary, provided that the Central African State submits, three (3) months before the end of each period, proof that it is still unable to meet the conditions of this Protocol which have been derogated from.If any objection is made to the extension, the EPA Committee shall examine it as soon as possible and decide whether to extend the derogation. The Committee shall proceed as provided for in paragraph 7. All necessary measures shall be taken to avoid interruptions in the application of the derogation.
(b)the establishment of the administrative structures and systems necessary for the appropriate management and verification of the origin of products.
(b)products obtained in the Central Africa Party incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the Central Africa Party within the meaning of Article 4 of this Protocol.
(b)mineral products extracted from their soil or from their seabed;
(b)which sail under the flag of a Member State of the European Union or of a Central African State; and
(b)none of the percentages given in the list for the maximum value of non-originating materials are exceeded by virtue of the application of this paragraph.
(b)simple operations consisting of the removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, cleaning, painting, polishing, cutting up;
(b)the Central Africa Party and the European Unionnote provide each other, through the European Commission and the Ministry responsible for the Agreement, with the details of agreements on administrative cooperation with the other countries or territories referred to in this Article.
(b)materials of Harmonized System headings 1604 and 1605 originating in the EPA Pacific States pursuant to any future provision of a comprehensive Economic Partnership Agreement between the European Union and Pacific ACP States;
(c)by any exporter, for any consignment consisting of one or more packages containing originating products, the total value of which does not exceed EUR 6000.
(c)documents proving the working or processing of materials in the Central Africa Party, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9, issued or made out in the Central Africa Party, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9 where these documents are used in accordance with domestic law;
(c)nature and quantity of materials originating in the Central African State acceding to this Protocol or in the States or territories referred to in Article 7 or the materials which have been processed there;
(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 implementation of an investment programme would enable these rules to be complied with in stages.
(c)In the periods referred to in subparagraphs (a) and (b), the EPA Committee may review the terms for implementing the derogation should a significant change be found to have taken place in the substantive factors governing the decision to grant the derogation. On conclusion of its review the EPA Committee may decide to amend the terms of its decision as regards the scope of the derogation or any other condition previously laid down.
(c)vegetable products harvested there;
(c)which meet one of the following conditions:
(i)they are at least 50 % owned by nationals of a Member State of the European Union and/or of the Central Africa Party; or
(ii)they are owned by companies which:
—have their head office and their main place of business in a Central African State or in a Member State of the European Union, and
—are at least 50 % owned by public entities or nationals of one or more Member States of the European Union and/or one or more Central African States.
(c)removal of oxide, oil, paint or other coverings;
(c)materials originating in the Republic of South Africa which cannot be directly imported into the European Union duty free and quota free.
(c)materials of tuna products classified in Chapter 3 of the Harmonized System which are covered by the EU scheme of generalised tariff preferences;
(c)materials which, pursuant to a free trade agreement between the European Union and a third country, are subject to trade measures and safeguard measures or any other measure denying such products duty-free quota-free access to the EU market.
(c)machines and tools;
(c)the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition; and
(d)‘goods’ means both materials and products;
(d)products from live animals raised there;
(d)
(i)changes of packaging and breaking up and assembly of packages;
(ii)simple placing in bottles, flasks, cans, bags, cases, boxes, fixing on cards or boards, etc., and all other simple packaging operations;
(d)materials in respect of which tariff preferences are removed (graduation) or suspended (safeguard clause) under the EU scheme of generalised tariff preferences.
(d)the products have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition.
(d)movement certificates EUR.1 or origin declarations proving the originating status of materials used, issued or made out in a Central African State, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9 in accordance with this Protocol.
(d)manufacturing processes;
(e)‘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);
(e)in paragraph 11 (joining of a participant as a member of another participant)—
(i)products obtained by hunting or fishing conducted there;
(ii)products of aquaculture, including mariculture, where the animals are raised there from eggs, spawn, larvae or fry;
(e)affixing marks, labels, logos and other like distinguishing signs on products or their packaging;
(e)value added;
(f)‘ex-works price’ means the price paid for the product ex works to the manufacturer in the European Union or in the Central Africa Party in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes paid which are, or may be, repaid when the product obtained is exported;
(f)products of sea fishing and other products taken from the sea outside the territorial waters of the European Union or of a Central African State by their vessels;
(f)simple mixing of products, whether or not of different kinds; mixing of sugar with any material;
(f)number of employees in the undertaking concerned;
(g)‘value of materials’ means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the European Union or in the Central Africa Party;
(g)products made aboard their factory ships exclusively from the products referred to in point (f) above;
(g)simple assembly of parts to constitute a complete product;
(g)anticipated volume of exports to the European Union;
(h)‘value of originating materials’ means the value of such materials as defined in (g) applied mutatis mutandis;
(h)used articles fit only for the recovery of raw materials;
(h)simple disassembly of products into parts;
(h)other possible sources of supply for raw materials;
(i)‘value added’ means the ex-works price of the products minus the customs value of materials imported from third countries into the European Union, the African, Caribbean and Pacific Group of States (ACP) having applied an Economic Partnership Agreement (EPA) at least on a provisional basis, or overseas countries and territories (OCTs); if the customs value is not known or cannot be ascertained, the first ascertainable price paid for the materials in the European Union or in the Central Africa Party is taken into account;
(i)waste and scrap resulting from manufacturing operations conducted there;
(i)ironing or pressing of textiles;
(i)reasons for the duration requested in the light of efforts made to find new sources of supply;
(j)‘chapters’ and ‘headings’ mean the chapters and the four-digit headings used in the nomenclature which makes up the Harmonized Commodity Description and Coding System (‘Harmonized System’ or ‘HS’);
(j)products extracted from marine soil or subsoil outside their territorial waters provided that the European Union or the Central Africa Party have sole rights to work that soil or subsoil;
(j)husking, partial or total bleaching, polishing, and glazing of cereals and rice;
(j)other observations.
(k)‘classified’ refers to the classification of a product or material under a particular heading;
(k)goods produced exclusively from the products specified in points (a) to (j).
(k)operations to colour or flavour sugar or form sugar lumps; partial or total milling of granulated sugar;
(l)‘consignment’ means products which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice;
(l)peeling, stoning and shelling, of fruits, nuts and vegetables;
(m)‘territories’ means the territories referred to in Article 100 of the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other partnote (the ‘Agreement’), including territorial waters;
(m)sharpening, simple grinding or simple cutting;
(n)‘OCT’ means the Overseas Countries and Territories as defined in Annex VIII;
(n)a combination of two or more operations specified in points (a) to (m);
(o)‘Central African State’ means the Central African State referred to in Article 95(1) of the Agreement;
(o)slaughter of animals.
(p)‘Central Africa Party’ means all the Central African States referred to in Article 95(1) of the Agreement;
(q)‘other ACP States’, means the ACP States other than the Central African States referred to in Article 95(1) of the Agreement that apply an EPA at least on a provisional basis.
—‘Application of Article 6(1) of the Protocol to the EU-Central Africa interim agreement’;
—‘Application of Article 7(1) of the Protocol to the EU-CA iEPA’;
—‘Application of Article 8 of the Protocol to the EU-Central Africa interim agreement’;
—‘Application of Article 9 of the Protocol to the EU-Central Africa interim agreement’;
—‘Application de l’article 6, paragraphe 1 du protocole de l’accord d’étape UE-Afrique Centrale’.
—‘Application de l’article 7, paragraphe 1, du protocole de l’APEe UE-AC’.
—‘Application de l’article 8 du protocole de l’accord d’étape UE-Afrique Centrale’.
—‘Application de l’article 9 du protocole de l’accord d’étape UE-Afrique Centrale’.
TITLE IIDEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’Article 2General requirements1.For the purposes of this Protocol, the territories of the Central African States as defined in Article 1 of this Protocol shall be considered as a single territory.2.For the purposes of this Protocol, the following products shall be considered as originating in the European Union:3.For the purposes of this Protocol, the following products shall be considered as originating in the Central Africa Party:Article 3Wholly obtained products1.The following shall be considered as wholly obtained in the European Union or in the Central Africa Party:2.The terms ‘their vessels’ and ‘their factory ships’ in points (f) and (g) of paragraph 1 shall apply only to vessels and factory ships:Article 4Sufficiently worked or processed products1.For the purposes of Article 2 of this Protocol, products which are not wholly obtained shall be considered to be sufficiently worked or processed when the conditions set out in the list in Annex II are fulfilled.2.For the purposes of Article 2 of this Protocol, and notwithstanding paragraph 1 of this Article, the products listed in Annex II A may be considered to be sufficiently worked or processed when the conditions set out in that Annex are fulfilled. Without prejudice to Article 43(2) of this Protocol, Annex II A shall apply only to exports from the Central Africa Party and for a period of five (5) years from the date of entry into force of this Protocol, except for the products of Chapters 1 to24, for which Annex II A shall apply without any time limit.3.The conditions referred to in paragraphs 1 and 2 indicate, for all products covered by this Agreement, the working or processing which must be carried out on non-originating materials used in the manufacturing of these products and apply only to such materials. Accordingly, if a product which has acquired originating status by fulfilling the conditions set out in one of the lists for that product is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated shall not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.4.By way of derogation from paragraphs 1 and 2 of this Article, non-originating materials which, in accordance with the conditions set out in Annex II A, should not be used in the manufacture of that product may nevertheless be used, provided that:5.Paragraph 3 shall not apply to products of Chapters 50 to 63 of the Harmonized System.6.Paragraphs 1 to 5 of this Article shall apply subject to Article 5.Article 5Insufficient working or processing operations1.The following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 4 are satisfied: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 operations carried out either in the European Union or in the Central Africa Party on a given product shall be considered together when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.Article 6Working or processing of materials imported into the European Union free of duty1.Without prejudice to Article 2, non-originating materials which can be imported into the European Union free of customs duties in application of the conventional tariffs of the most-favoured nation (MFN) systemnote, in accordance with its Common Customs Tariffnote, shall be considered as materials originating in the Central Africa Party when incorporated into a product obtained in that Party, provided that they have undergone working or processing there which goes beyond the operations referred to in Article 5(1).2.Paragraph 1 shall not apply to materials which, on importation into the European Union, are subject to antidumping or countervailing duties when originating from a country which is subject to these antidumping or countervailing duties.3.For the purposes of the cumulation provided for in paragraph 1 of this Article, box 7 of the movement certificates EUR.1 issued pursuant to Article 19 of this Protocol or the origin declarations made out pursuant to Article 22 of this Protocol shall bear one of the following indications:4.The European Union shall, every year, notify the EPA Committee of the list of materials to which paragraph 1 applies. Once it has been notified, the list shall be published by the European Commission in the Official Journal of the European Union (C series), and by the Central African States in accordance with their own procedures.Article 7Cumulation of origin1.Without prejudice to Article 2, materials originating in one of the parties, in other ACP States which have applied an EPA at least on a provisional basis, or in OCTs shall be considered as materials originating in the other party when incorporated into a product obtained there, provided that working or processing they have undergone in that party goes beyond the operations referred to in Article 5(1).Where the working or processing carried out in the party concerned does not go beyond the operations referred to in Article 5(1), the product obtained shall be considered as originating in that party only if the value added there is greater than the value of the materials used originating in any of the other countries or territories. If that is not the case, the product obtained shall be considered as originating in the country or territory which accounts for the highest value of originating materials used in the manufacture of the final product.The origin of the materials originating in other ACP States and in the OCTs shall be determined in accordance with the rules of origin applicable in the framework of the preferential agreements or arrangements between the European Union and those countries or territories and in accordance with Article 27.2.Without prejudice to Article 2, working and processing carried out in one of the parties, in other ACP States or in the OCTs shall be considered as having been carried out in the other party provided that the materials undergo subsequent working or processing going beyond the operations referred to in Article 5(1).Where the working or processing carried out in one of the parties does not go beyond the operations referred to in Article 5(1), the product obtained shall be considered as originating in that party only if the value added there is greater than the value of the materials used in any one of the said countries or territories. If that is not the case, the product obtained shall be considered as originating in the country or territory which accounts for the highest value of materials used in the manufacture of the final product.The origin of the finished product shall be determined in accordance with the rules of origin of this Protocol and the provisions of Article 27.3.For the purposes of the cumulation provided for in paragraph 1 of this Article, box 7 of the movement certificates EUR.1 issued pursuant to Article 19 of this Protocol or the origin declarations made out pursuant to Article 22 of this Protocol shall bear one of the following indications:4.The cumulation provided for in paragraphs 1 and 2 of this Article may be applied in respect of the other ACP States and the OCTs only if:The European Commission shall publish in the Official Journal of the European Union (C series), and the Central African States shall publish in accordance with their own procedures, the date on which the cumulation provided for in this Article may be applied in respect of those countries or territories listed in this Article which have fulfilled the necessary requirements.5.The cumulation provided for in this Article may only be applied to the products listed in Annex IX where the materials used in the manufacture of those products are originating or the working or processing takes place in another ACP State which has applied an EPA at least provisionally.6.The cumulation provided for in this Article shall not apply to:7.The European Union shall, every year, notify the EPA Committee of the list of materials to which paragraph 6(c) applies. Once it has been notified, the list shall be published by the European Commission in the Official Journal of the European Union (C series), and by the Central African States in accordance with their own procedures.Article 8Cumulation with countries or territories benefiting from duty-free quota-free access under the EU scheme of generalised tariff preferences1.Without prejudice to Article 2, materials originating in countries and territories:shall be considered as materials originating in the Central Africa Party when incorporated into a product obtained there. It shall not be necessary for these materials to have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 5(1). If it also contains non-originating materials, any product into which these materials are incorporated must undergo sufficient working or processing in accordance with Article 4 in order to be considered as originating in the Central Africa Party.2.The origin of the materials from the countries or territories referred to in this Article shall be determined in accordance with the rules of origin applicable under the EU scheme of generalised tariff preferences and in accordance with Article 27.3.The cumulation provided for in this Article shall not apply to:4.The European Union shall, every year, notify the EPA Committee of the list of materials and countries to which paragraph 1 applies. Once it has been notified, the list shall be published by the European Commission in the Official Journal of the European Union (C series), and by the Central African States acceding to this Agreement in accordance with their own procedures. The Central Africa Party shall, every year, notify the EPA Committee of the materials to which the cumulation provided for in paragraphs 1 and 2 has been applied.5.For the purposes of the cumulation provided for in this Article, box 7 of the movement certificates EUR.1 issued pursuant to Article 19 of this Protocol or the origin declarations made out pursuant Article 22 of this Protocol shall bear one of the following indications:6.The cumulation provided for in this Article may only be applied provided that:Article 9Cumulation with countries or territories benefiting from duty-free quota-free access under preferential agreements or arrangements of the European Union1.Upon notification by a Central African State, without prejudice to Article 2 and in accordance with paragraphs 2, 3 and 6 of this Article, materials originating in countries or territories benefiting from agreements or arrangements providing for duty-free quota-free access to the market of the European Union shall be considered as materials originating in the Central African State. The notification shall be transmitted by the Central African State to the European Union via the European Commission. Cumulation shall be applicable as long as the conditions for granting such cumulation are met. It shall not be necessary for the materials concerned to have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 5(1).2.The origin of the materials of the other countries or territories concerned shall be determined in accordance with the rules of origin applicable under the EU’s preferential agreements or arrangements with those countries and territories and in accordance with Article 27.3.The cumulation provided for in this Article shall not apply to:4.The European Union shall, every year, notify the EPA Committee of the list of materials and countries to which this Article applies. Once it has been notified, the list shall be published by the European Commission in the Official Journal of the European Union (C series), and by the Central African States in accordance with their own procedures. The Central Africa Party shall, every year, notify the EPA Committee of the materials to which the cumulation provided for in this Article has been applied.5.For the purposes of the cumulation provided for in this Article, box 7 of the movement certificates EUR.1 issued pursuant to Article 19 of this Protocol or the origin declarations made out pursuant to Article 22 of this Protocol shall bear one of the following indications:6.The cumulation provided for in this Article may only be applied provided that:Article 10Unit of qualification1.The unit of qualification for the application of this Protocol shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonized System.This means that:2.Where, under General Rule 5 of the Harmonized System, packaging is included with the product for classification purposes, it must be included for the purposes of determining origin.Article 11Accessories, spare parts and toolsAccessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as forming a whole with the piece of equipment, machine, apparatus or vehicle in question.Article 12SetsSets, as defined in General Rule 3 of the Harmonized System, shall be regarded as originating when all the component products are originating. Nevertheless, when a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 % of the ex-works price of the set.Article 13Neutral elementsIn order to determine whether a product is originating, it shall not be necessary to determine the origin of the following which might be used in its manufacture:Article 14Accounting segregation1.Where considerable cost or material difficulties arise in keeping separate stocks of originating and non-originating fungible materials, the customs authorities may, on a written request from the interested parties, authorise the ‘accounting segregation’ method (‘the method’) to be used for managing such stocks.2.The method shall also apply to raw sugar not containing added flavouring or colouring matter and intended for refining, originating and non-originating, of subheadings 1701 12, 1701 13 and 1701 14 of the Harmonized System, which is physically combined or mixed in a Central African State or in the European Union prior to export to the European Union and to Central African States, respectively.3.The method shall ensure that, at any time, the number or the quantity of products obtained which could be considered to originate in Central African States or the European Union is the same as would have been obtained had there been physical segregation of the stocks.4.The customs authorities may make the granting of authorisation referred to in paragraphs 1 and 2 subject to any conditions deemed appropriate.5.The method shall be applied and its use shall be recorded on the basis of the general accounting principles applicable in the country where the product was manufactured.6.The beneficiary of the method may make out or apply for proof of origin, as the case may be, for the quantity of products which may be considered as originating. At the request of the customs authorities, the beneficiary shall provide a statement of how the quantities have been managed.7.The customs authorities shall monitor the use made of the authorisation and may withdraw it whenever the beneficiary makes improper use of the authorisation in any manner whatsoever or fails to fulfil any of the other conditions laid down in this Protocol.8.For the purposes of paragraphs 1 and 2, ‘fungible materials’ or ‘fungible products’ mean materials or products that are of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished from one another for origin purposes.TITLE IIITERRITORIAL REQUIREMENTSArticle 15Principle of territoriality1.The conditions for acquiring originating status set out in Title II must be fulfilled without interruption in the Central Africa Party or in the European Union, subject to Articles 6, 7, 8 and 9.2.Except as provided for in Articles 6, 7, 8, and 9, where originating goods exported from the Central Africa Party or from the European Union to another country return, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that the returned goods:3.The acquisition of originating status in accordance with the conditions set out in Title II shall not be affected by working or processing done outside the European Union or the Central Africa Party on products exported from the European Union or from the Central Africa Party and subsequently re-imported there, provided:4.For goods meeting the conditions of paragraph 3, all costs arising outside the Central Africa Party or the European Union, including the value of the materials incorporated there, shall be treated as non-originating materials. The originating status of the goods shall then be determined by applying the rules laid down in Annex II by combining the total value of the non-originating materials used both inside and outside the European Union or the Central Africa Party.5.Paragraphs 3 and 4 of this Article shall not apply to products which can be considered sufficiently worked or processed only if the general tolerance referred to in Article 4(4) is applied.6.Paragraphs 3 and 4 of this Article shall not apply to products of Chapters 50 to 63 of the Harmonized System.Article 16Non-alteration1.Products declared for release for free circulation in one party shall be the same products as exported from the other party in which they are considered to originate. They shall not have been altered or transformed in any way or subjected to operations other than operations to preserve them in good condition or to add or affix marks, labels, seals or any other documentation to ensure compliance with the national requirements of the importing party, prior to being declared for release for free circulation.2.Storage of products or consignments may take place when they remain under customs supervision in the country or countries of transit.3.Without prejudice to Title V, consignments may be split when this is done by the exporter or under the exporter’s responsibility, and the products remain under customs supervision in the country or countries of transit.4.Compliance with paragraphs 1 to 3 shall be assumed unless the customs authorities have reason to believe otherwise; in such cases, the customs authorities may ask the declarant to provide evidence of compliance with those paragraphs, which may be given by any means, including contractual transport documents such as bills of lading or factual evidence based on the marking or numbering of packages or any evidence related to the goods themselves.Article 17Exhibitions1.Originating products sent for exhibition in a country or territory other than those referred to in Articles 6, 7, 8 and 9 with which cumulation is applicable and sold after the exhibition for importation into the European Union or the Central Africa Party shall benefit on importation from the provisions of the Agreement, provided that it is shown to the satisfaction of the customs authorities that:2.A proof of origin shall be issued or made out in accordance with the provisions of Title IV 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 IVPROOF OF ORIGINArticle 18General requirements1.Products originating in the European Union shall, when imported into the Central Africa Party, benefit from the provisions of the Agreement upon submission of an origin declaration given by the exporter on an invoice, delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified; The text of the origin declaration appears in Annex IV.2.Products originating in the Central Africa Party shall, on importation into the European Union, benefit from the provisions of this Agreement upon submission of either:The text of the origin declaration appears in Annex IV.3.The Central Africa Party shall, if necessary, notify the EPA Committee of the date on which only paragraph 2, point (b), will apply.To that end, the European Union shall undertake to support the Central Africa Party in setting up simplified and operational tools and procedures relating thereto.4.By way of derogation from paragraphs 1 and 2 of this Article, originating products within the meaning of this Protocol shall, in the cases specified in Article 26, benefit from the Agreement without it being necessary to submit any of the documents referred to in paragraphs 1 and 2 of this Article.5.For the purposes of applying the provisions of this Title, exporters shall endeavour to use a language shared by the Central Africa Party and the European Union.Article 19Procedure for the issue of a movement certificate EUR.11.A movement certificate EUR.1 shall be issued by the customs authorities or the authorised bodies of the exporting country on application having been made in writing by the exporter or, under the exporter’s responsibility, by their authorised representative.2.For this purpose, the exporter or its authorised representative shall fill in both the movement certificate EUR.1 and the application form, specimens of which appear in Annex III. These forms shall be completed in accordance with the provisions of this Protocol. If they are handwritten, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through.3.The exporter applying for the issue of a movement certificate EUR.1 shall be prepared to submit at any time, at the request of the customs authorities or of the authorised bodies of the exporting country where the movement certificate EUR.1 is issued, all appropriate documents proving the originating status of the products concerned as well as compliance with the other requirements of this Protocol.4.A movement certificate EUR.1 shall be issued by the customs authorities or the authorised bodies of a Central African State if the products concerned can be considered as products originating in the Central Africa Party or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9 and fulfil the other requirements of this Protocol.5.The issuing customs authorities or the authorised bodies shall take any steps necessary to verify the originating status of the products and compliance with the other requirements of this Protocol. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter’s accounts or any other check considered appropriate. The customs authorities or authorised bodies responsible for issuing movement certificates EUR.1 shall also ensure that the forms referred to in paragraph 2 of this Article are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.6.The date of issue of the movement certificate EUR.1 shall be indicated in box 11 of the certificate.7.A movement certificate EUR.1 shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.8.The bodies referred to in this Article shall be those authorised under the internal rules of a Central African State and shall issue movement certificates EUR.1 under the supervision of the customs authorities.Article 20Movement certificates EUR.1 issued retrospectively1.Notwithstanding Article 19(7), a movement certificate EUR.1 may exceptionally be issued after exportation of the products to which it relates if:2.For the implementation of paragraph 1, the exporter must indicate in its application the place and date of exportation of the products to which the movement certificate EUR.1 relates, and state the reasons for its request.3.The customs authorities or the authorised bodies may issue a movement certificate EUR.1 retrospectively only after verifying that the information supplied in the exporter’s application complies with that in the corresponding file.4.Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following entries:‘ISSUED RETROSPECTIVELY’‘DÉLIVRÉ A POSTERIORI’.5.The endorsement referred to in paragraph 4 shall be inserted in the ‘Remarks’ box of the movement certificate EUR.1.Article 21Issue of a duplicate movement certificate EUR.11.In the event of the theft, loss or destruction of a movement certificate EUR.1, the exporter may apply to the customs authorities or authorised bodies which issued it for a duplicate made out on the basis of the export documents in their possession.2.The duplicate issued in this way shall be endorsed with one of the following entries:‘DUPLICATE’‘DUPLICATA’.3.The endorsement referred to in paragraph 2 shall be inserted in the ‘Remarks’ box of the duplicate movement certificate EUR.1.4.The duplicate, which must bear the date of issue of the original movement certificate EUR.1, shall take effect as from that date.Article 22Conditions for making out an origin declaration1.An origin declaration may be made out:2.An origin declaration may be made out if the products concerned can be considered as products originating in the Central Africa Party, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9 and fulfil the other requirements of this Protocol.3.The exporter that makes out an origin declaration shall be prepared to submit at any time, at the request of the customs authorities of the exporting country, all appropriate documents proving the originating status of the products concerned as well as compliance with the other requirements of this Protocol.4.An origin declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annex IV, using one of the linguistic versions set out in that Annex and in accordance with the provisions of the domestic law of the exporting country. If the declaration is handwritten, it shall be written in ink in printed characters.5.Origin declarations shall bear the original signature of the exporter in manuscript. However, an exporter within the meaning of paragraph 1, points (a) and (b), shall not be required to sign such declarations provided that they give the customs authorities of the exporting country a written undertaking that they accept full responsibility for any origin declaration which identifies them as if it had been signed in manuscript by them.6.An origin declaration may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that the origin declaration is presented in the importing country no longer than two (2) years after the importation of the products to which it relates.Article 23Validity of proof of origin1.Proof of origin shall be valid for ten (10) months from the date of issue in the exporting country and shall be submitted within that period to the customs authorities of the importing country.2.Proof of origin submitted to the customs authorities of the importing country after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment where the failure to submit those documents by the final date set is due to exceptional circumstances.3.In other cases of belated presentation, the customs authorities of the importing country may accept the proof of origin where the products have been submitted before the final date.Article 24Submission of proof of originProof of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. Those authorities may require proof of origin to be translated. They may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for implementation of the Agreement.Article 25Importation by instalmentsWhere, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonized System falling within Sections XVI and XVII or headings 7308 and 9406 of the Harmonized System are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.Article 26Exemptions from proof of origin1.Products sent as small packages from private persons to private persons or forming part of travellers’ personal luggage shall be admitted as originating products without requiring the submission of proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Protocol and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, that declaration can be made on customs declaration CN22/CN23 or on a sheet of paper attached to that document.2.Imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the products that no commercial purpose is in view.3.Furthermore, the total value of those products shall not exceed EUR 500 in the case of small packages or EUR 1200 in the case of products forming part of traveller’s personal luggage.Article 27Information procedure for cumulation purposes1.When Article 7(1) is applied, the evidence of originating status within the meaning of this Protocol of the materials from the Central Africa Party, from the European Union, from another ACP State having applied an EPA at least on a provisional basis or from an OCT shall be provided by a movement certificate EUR.1 or by the supplier’s declaration, a specimen of which appears in Annex V A, given by the exporter in the Central Africa Party or in the European Union from which the materials came.2.When Article 7(2) is applied, the evidence of the working or processing carried out in the Central Africa Party, in the European Union, in another ACP State having applied an EPA at least on a provisional basis or in an OCT shall be given by the supplier’s declaration, a specimen of which appears in Annex V B to this Protocol, given by the exporter in the Central Africa Party or in the European Union from which the materials came.3.When Article 8(1) is applied, the supporting documents required to prove origin shall be determined in accordance with the rules applicable to GSP beneficiary countriesnote.4.When Article 9(1) is applied, the supporting documents required to prove origin shall be determined in accordance with the rules laid down in the arrangements or agreements concerned.5.A separate supplier’s declaration shall be made out by the supplier for each consignment of goods on the commercial invoice related to that consignment or in an annex to that invoice, or on a delivery note or any other commercial document related to that consignment which describes the materials concerned in sufficient detail to enable them to be identified.6.The supplier’s declaration may be made out on a pre-printed form.7.The supplier’s declarations shall bear the original signature of the supplier in manuscript. However, where the invoice and the supplier’s declaration are made out using electronic data processing methods, the supplier’s declaration need not be signed in manuscript provided the responsible official in the supplying company is identified to the satisfaction of the customs authorities in the State in which the supplier’s declaration is made out. Those customs authorities may lay down conditions for the implementation of this paragraph.8.The supplier’s declarations shall be submitted to the customs authorities in the exporting country that has been requested to issue the movement certificate EUR.1.9.The supplier making out a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is made out, all appropriate documents proving that the information given on this declaration is correct.10.The supplier’s declarations and the information certificates issued under the rules of origin referred to in Article 13(1) of the Agreement before the date of entry into force of this Protocol shall remain valid for a transitional period of twelve (12) months.Article 28Supporting documentsThe documents referred to in Articles 19(3) and 22(3) used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration can be considered as products originating in the Central Africa Party, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9 and fulfil the other requirements of this Protocol may consist inter alia of the following:Article 29Preservation of proof of origin and supporting documents1.Exporters applying for the issue of a movement certificate EUR.1 shall keep the documents referred to in Article 19(3) for at least three (3) years.2.Exporters making out an origin declaration must keep a copy of that origin declaration as well as the documents referred to in Article 22(3) for at least three (3) years.3.Suppliers making out a declaration shall keep copies of the declaration and of the invoice, delivery notes or other commercial documents to which this declaration is annexed, as well as the documents referred to in Article 27(9), for at least three (3) years.4.The customs authorities of the exporting country issuing a movement certificate EUR.1 must keep the application form referred to in Article 19(2) for at least three (3) years.5.The customs authorities of the importing country must keep the movement certificates EUR.1 and the origin declarations submitted to them for at least three (3) years.Article 30Discrepancies and clerical errors1.The discovery of slight discrepancies between the entries made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that this document does correspond to the products submitted.2.Obvious clerical errors such as typing errors on a proof of origin should not cause this document to be rejected if these errors are not such as to create doubts concerning the accuracy of the entries made in this document.Article 31Amounts expressed in euro1.For the application of Article 22(1)(c) and Article 26(3) in cases where products are invoiced in a currency other than the euro, amounts in the national currencies of the Central African States, of the Member States of the European Union and of the other countries or territories referred to in Articles 6, 7, 8 and 9 equivalent to the amounts expressed in euro shall be fixed annually by each of the countries concerned.2.A consignment shall benefit from the provisions of Article 22(1)(c) or Article 26(3) by reference to the currency in which the invoice is drawn up, according to the amount fixed by the country concerned.3.The amounts to be used in any given national currency shall be the equivalent in that currency of the amounts expressed in euro as at the first working day of October. The amounts shall be communicated to the European Commission by 15 October at the latest and shall apply from 1 January the following year. The European Commission shall notify all countries concerned of the relevant amounts.4.A country may round up or down the amount resulting from the conversion into its national currency of an amount expressed in euro. The rounded-off amount may not differ from the amount resulting from the conversion by more than 5 %. A country may retain unchanged its national currency equivalent of an amount expressed in euro if, at the time of the annual adjustment provided for in paragraph 3, the conversion of that amount, prior to any rounding-off, results in an increase of less than 15 % in the national currency equivalent. The national currency equivalent may be retained unchanged if the conversion would result in a decrease in that equivalent value.5.The amounts expressed in euro shall be reviewed by the EPA Committee at the request of the European Union or of the Central Africa Party. When carrying out this review, the EPA Committee shall consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euro.TITLE VADMINISTRATIVE COOPERATIONArticle 32Administrative conditions for products to benefit from the AgreementProducts originating, within the meaning of this Protocol, in the Central Africa Party or in the European Union shall benefit, at the time of the customs import declaration, from the preferences resulting from the Agreement only on condition that they were exported on or after the date on which the exporting country complies with Articles 32, 34 and 45 of this Protocol.The Parties shall notify the information referred to in Article 33 of this Protocol.Article 33Notification of customs authorities1.The Central African States and the Member States of the European Union shall provide each other, via the European Commission and the Ministry responsible for the Agreement, with the addresses of the customs authorities competent to issue and verify movement certificates EUR.1, origin declarations and supplier’s declarations, and with specimens of the stamps used in the customs offices for the issue of those certificates.Movement certificates EUR.1 and origin declarations or supplier’s declarations shall be accepted for the purpose of applying preferential treatment from the date the information is received by the European Commission and the Ministry responsible for the Agreement.2.The Central African States and the Member States of the European Union shall immediately inform each other of any change in the information referred to in paragraph 1.3.The authorities referred to in paragraph 1 shall act under the authority of the government of the country concerned. The authorities in charge of control and verification shall be part of the governmental authorities of the country concerned.Article 34Other methods of administrative cooperation1.In order to ensure the proper application of this Protocol, the European Union, the Central Africa Party and the other countries referred to in Articles 6, 7, 8 and 9 shall ensure, through their competent customs authorities, that the authenticity of the movement certificates EUR.1, the origin declarations or the supplier’s declarations and the accuracy of the information given in these documents are checked. The Central African States and the Member States of the European Union shall also:2.The authorities consulted shall furnish the relevant information concerning the conditions under which the product has been made, indicating in particular the conditions under which the rules of origin have been complied with in the Central Africa Party, in the European Union and the other countries referred to in Articles 6, 7, 8 and 9.Article 35Verification of proof of origin1.Subsequent verifications of proof of origin shall be carried out on the basis of a risk analysis, by random sampling or whenever the customs authorities of the importing country have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or compliance with the other requirements of this Protocol.2.For the purposes of implementing paragraph 1, the customs authorities of the importing country shall return the movement certificate EUR.1 and the invoice, if it has been submitted, the origin declaration, or a copy of these documents, to the customs authorities of the exporting country giving, where appropriate, the reasons for the request for verification. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.3.The verification of proof of origin shall be carried out by the customs authorities of the exporting country. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter’s accounts or any other check considered appropriate.4.If the customs authorities of the importing country decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification of proof of origin, release of the products shall be offered to the importer subject to any precautionary measures deemed necessary.5.The customs authorities requesting the verification of proof of origin shall be informed of the results thereof as soon as possible. Those results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in the Central Africa Party, in the European Union or in one of the other countries referred to in Articles 6, 7, 8 and 9 and fulfil the other requirements of this Protocol.6.If in cases of reasonable doubt there is no reply within 10 months of the date of the verification of proof of origin request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the customs authorities that request the verification of proof of origin shall, except in exceptional circumstances, refuse entitlement to the preferences.7.The parties shall refer to Article 7 of the Protocol on mutual administrative assistance in customs matters for joint investigations concerning proof of origin.Article 36Verification of suppliers’ declarations1.Verification of suppliers’ declarations shall be carried out on the basis of risk analysis, by random sampling or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration have reasonable doubts as to the authenticity of the document or the accuracy of the information given in this document.2.The customs authorities to which a supplier’s declaration is submitted may request the customs authorities of the State where the declaration was made out to issue an information certificate, a specimen of which appears in Annex VI. Alternatively, the certifying authorities to which a supplier’s declaration is submitted may request that the exporter produce an information certificate issued by the customs authorities of the State where the declaration was made out.A copy of the information certificate shall be preserved by the office which has issued it for at least three (3) years.3.The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. The results must indicate clearly whether the information given in the supplier’s declaration is correct and make it possible for them to determine whether and to what extent this supplier’s declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.4.The verification shall be carried out by the customs authorities of the country where the supplier’s declaration was made out. For this purpose, they shall have the right to call for any evidence or to carry out any inspection of the supplier’s account or any other check which they consider appropriate in order to verify the accuracy of the supplier’s declaration.5.Any movement certificate EUR.1 or origin declaration issued or made out on the basis of an inaccurate supplier’s declaration shall be considered null and void.Article 37Dispute settlement1.Where disputes arise in relation to the verification procedures of Articles 35 and 36 which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out this verification or where they raise a question as to the interpretation of this Protocol, they shall be submitted to the EPA Committee.2.In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.Article 38PenaltiesPenalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains inaccurate information for the purpose of obtaining preferential treatment for products.Article 39Free zonesThe Central Africa Party and the European Union shall take all necessary steps to ensure that products traded under cover of a proof of origin or a supplier’s declaration and which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.By way of derogation from paragraph 1, when products originating in the Central Africa Party or in the European Union are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new movement certificate EUR.1 at the exporter’s request if the treatment or processing undergone complies with the provisions of this Protocol.Article 40Derogations1.Derogations from this Protocol may be adopted by the EPA Committee where the development of existing industries or the creation of new industries in the Central Africa Party justifies them. To that end, the Central African State shall, before or when it submits the matter to the EPA Committee, notify the European Union and the Central Africa Party of its request together with the reasons for the request in accordance with paragraph 2. The European Union shall respond positively to all requests by the Central Africa Party which are duly justified in accordance with this Article and which cannot cause serious injury to an established EU industry.2.In order to facilitate the examination by the EPA Committee of requests for derogation, the Central African State shall, by means of the form set out in Annex VII, furnish in support of its request the fullest possible information covering in particular the points listed below:Points (a) to (j) shall apply to any requests for extension.The EPA Committee may modify the form.3.The examination of requests shall in particular take into account:4.In all cases, an examination shall be carried out to ascertain whether the rules relating to cumulation of origin do not provide a solution to the problem.5.In addition, when a request for derogation concerns a less-developed Central African State, its examination shall be carried out with a favourable bias having particular regard to:6.In the examination of requests, special account shall be taken, on a case-by-case basis, of the possibility of conferring originating status on products which include in their composition materials originating in neighbouring developing countries, least-developed countries or developing countries with which one or more Central African States have special relations, provided that administrative co-operation can be established.7.The EPA Committee shall take all the necessary steps to ensure that a decision is reached as soon as possible and in any case not later than seventy-five (75) working days after the request is received by the European Union Co-chair of the EPA Committee. If the European Union does not inform the Central African States of its position on the request within this period, the request shall be deemed to have been accepted.8.TITLE VICEUTA AND MELILLAArticle 41Special conditions1.The term ‘European Union’ used in this Protocol shall not cover Ceuta and Melilla.2.Products originating in a Central African State, when imported into Ceuta or Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the European Union under Protocol 2 to the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities. The Central Africa Party shall grant to imports of products covered by the Agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the European Union.3.For the purpose of applying paragraph 2 concerning products originating in Ceuta and Melilla, this Protocol shall apply mutatis mutandis subject to the special conditions set out in Article 42.Article 42Specific conditions1.Subject to compliance with Article 14, the following shall be considered as:2.Ceuta and Melilla shall be considered as a single territory.3.The exporter or its authorised representative shall enter ‘…’ and ‘Ceuta and Melilla’ in box 2 of movement certificates EUR.1 or on origin declarations. In addition, in the case of products originating in Ceuta and Melilla, originating status shall be indicated in box 4 of movement certificates EUR.1 or on origin declarations.4.The Spanish customs authorities shall be responsible for the application of this Protocol in Ceuta and Melilla.TITLE VIIFINAL PROVISIONSArticle 43Revision and application of rules of origin1.In accordance with Article 92 of the Agreement, the EPA Committee may, each time the Central Africa Party or the European Union so requests, examine the application of the provisions of this Protocol and their economic effects with a view to making any necessary adjustments or amendments. The EPA Committee shall take into account, among other elements, the impact of technological developments on the rules of origin.2.Notwithstanding paragraph 1 of this Article, this Protocol and the Annexes thereto shall be reviewed and, if necessary, revised before the end of a period of five (5) years from the date of entry into force of this Protocol.3.The EPA Committee shall assess the implementation of Article 18(3) on the basis of measures taken to that effect.4.In order to contribute to the proper application of this Protocol, the Central Africa Party and the European Union shall extend to each other all necessary administrative cooperation and support in the event of a request for an exchange of information on the implementation and management of this Protocol, including during on-site visits.Article 44AnnexesThe Annexes to this Protocol shall form an integral part thereof.Article 45Implementation of this ProtocolThe European Union and the Central Africa Party shall, each on its own behalf, take the measures necessary for the implementation of this Protocol, including:Article 46Transitional provisions for goods in transit or storageThe provisions of the Agreement may be applied to goods which comply with the provisions of this Protocol and which on the date of entry into force of the Protocol are either in transit or are in the European Union or in the Central Africa Party in temporary storage, in customs warehouses or in free zones, subject to the submission to the customs authorities of the importing country, within ten (10) months of that date, of a movement certificate EUR.1 made out retrospectively by the customs authorities of the exporting country.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.