WT/REG427/2  
 
21 March  2023 
(23-0859) Page: 1/2 
Committee on Regional Trade Agreements  Original: English  
 
  
PARTNERSHIP AGREEMENT BETWEEN THE EASTERN AND SOUTHERN AFRICA STATES 
AND THE UNITED KINGDOM  
(GOODS)  
QUESTIONS AND REPLIES  
 The following communication, dated 17 March 2023, is being circulated at the request of the 
delegations of  the United Kingdom, Seychelles, Mauritius and Zimbabwe . 
 
_______________  
 
 
Questions from the European Union  
 
Rules of Origin  
 
1.1.  Paragraph 3.17 , footnote 20: Protocol 1 also includes a tolerance provision which 
permits the use of non -originating materials which would not otherwise be permitted to 
be used in the manufacture of product to be used if their total value does not exceed 15% 
of the ex -works price of the product, and any of the percentages given in the list for the 
maximum value of non -originating materials are not exceeded; and an absorption 
principle whereby once a product has acquired originating status by fulfilling the 
conditions in e ither Annex II or Annex II(a), and is used in the manufacture of another 
product, the conditions applicable to the product in which it is incorporated do not apply 
to it, and no account shall be taken of the non -originating materials which may have been 
used in its manufacture (Articles 7.3 and 7.4 of Protocol 1). The Agreement also permits 
the incorporation of EU inputs and diagonal cumulation of content originating in an ESA 
State, in the other ACP States or in the Overseas Countries and Territories (OCTs ) provided 
working or processing in the Parties goes beyond the activities indicated as being 
insufficient under Article 8 of the Protocol or the value -added in the Parties is greater than 
the value of the materials used originating in any one of the other  countries or territories 
referred to in Article 3.1. Cumulation may only be applied if the countries involved in the 
acquisition of the originating status and the country of destination have concluded an 
agreement on administrative cooperation. Cumulation  with neighbouring developing 
countries other than an ACP State and belonging to "a coherent geographical entity" as 
listed in Annex VIII to Protocol 1 (Algeria, Egypt, Libya, Maldives, Morocco and Tunisia), 
may be requested by the ESA States under Article  5 of the Protocol.  
 Footnote 20: Certain processed agricultural products originating in South Africa and 
listed in Annex XII of Protocol 1, are not eligible for cumulation in the ESA States.  
 
 Could the parties to the Agreement specify which agricultural products originating 
in South Africa are not eligible for cumulation in the ESA States?  
 
Joint response from the Parties  
 
 The UK -ESA Economic Partnership Agreement is a transposition of the EU -ESA interim 
Economic Partnership Agreement. Consequently, all  the products listed under ANNEX XII of Protocol 
I of the EU -ESA iEPA remains excluded from cumulation with South Africa under the UK -ESA EPA. 
The complete list can also be found in the UK -ESA EPA under Annex XII of Protocol 1.  
 
 
 WT/REG427/2  
 
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  Sector -Specific Provision s of the Agreement  
 
1.2.  Do the Parties to the Agreement have plans to deepen their sector -specific 
cooperation to other sectors such as agriculture, and the related area of protection of 
Geographical Indications of agricultural products which the United Kingdo m currently 
implements?  
Joint r esponse from the Parties  
 
 Chapter V (Article 52) contains a built -in provision/rendez -vous clause covering several areas 
for future negotiations including cooperation on intellectual property right, Agriculture, investment, 
services, trade facilitation amongst others. The issue will be discussed at the next UK -ESA EPA 
committee.  
 
Question from  Japan  
 
Provisions on trade in goods  
 
Rules of origin  
 
1.3.  Paragraph 3.17: Please clarify if there is any agreement on administrative 
cooperation between the countries or territories involved in the acquisition of the 
originating status, pursuant to subparagraph 6(a) of Article 3 and subparagraph 6(a) of 
Article 4 under Protocol I. If yes, please specify which country or territory whose value or 
process is allowed to be cumulated as originating in the UK or in the ESA State.  
Joint response from the Pa rties  
 
 For cumulation in the UK, the UK published all notifications of fulfilment on cumulation with 
trading partners on the page linked below. This includes, but is not limited to, having arrangement 
on administrative cooperation to ensure the correct i mplementation of rules on cumulation agreed 
under Arrangements.  
 
https://www.gov.uk/government/publications/notice -of-fulfilment -from-the-united -kingdom -on-
cumulation -with-trading -partners -december -2020/notice -of-fulfilment -from-the-united -kingdom -
on-cumulation -with-trading -partners -31-december -2020. 
 
 In line with subparagraph 6(c) of Article 4 under Protocol I, ESA States will provide the UK 
with details of agreements on administrative cooperation with the other territories referred to in this 
Article.  
 
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