WORLD TRADE  
ORGANIZATION   
WT/REG113/3 
29 August 2012 
 
 (12-4646) 
Committee on Regional Trade Agreements  
  
 
  
 
 
FACTUAL PRESENTATION 
 
Trade, Development and Cooperation  
Agreement between  
the European Union  
and South Africa (Goods) 
 
Report by the Secretariat 
 
 
 
 
This report, prepared for the consider ation of the Trade, Development and 
Cooperation Agreement between the European Union and South Africa has been drawn up by the WTO Secretariat on its own responsibility and in full consultation with the Parties.  The report has been drawn up in accordance 
with the rules and procedures containe d in the Decision for a Transparency 
Mechanism for Regional Trade Agreem ents (document WT/L/671).   
 
Any technical questions arising fro m this report may be addressed to 
Ms. Jo-Ann Crawford (tel:  +41 22/739 5422). WT/REG113/3  
Page iii  
 
 
  TABLE OF CONTENTS 
Page 
 
 
I.  TRADE ENVIRONMENT 1  
II.  CHARACTERISTIC ELEMENTS OF THE AGREEMENT 6  
A.  BACKGROUND INFORMATION  6  
III.  PROVISIONS ON TRADE IN GOODS 7  
A.  IMPORT DUTIES AND CHARGES , AND QUANTITATIVE RESTRICTIONS  7  
1.  General provisions 7  
2.  Liberalization of trade and tariff lines 8  
3.  Tariff rate quotas 13  
B.  RULES OF ORIGIN  14  
C.  EXPORT DUTIES AND CHARGES , AND QUANTITATIVE RESTRICTIONS  15  
D.  REGULATORY PROVISIONS OF THE AGREEMENT  15  
1.  Standards 15  
2.  Safeguard measures 16  
3.  Anti-dumping and coun tervailing measures 17  
4.  Subsidies and State-aid 17  
5.  Customs-related procedures 17  
6.  Other regulations 18  
E.  SECTOR -SPECIFIC PROVISIONS OF THE AGREEMENT  19  
1.  Agreements on Trade in Wine and Spirits 19  
IV.  GENERAL PROVISIONS OF THE AGREEMENT 20  
A.  CURRENT PAYMENTS AND MOVEMENT OF CAPITAL  20  
B.  EXCEPTIONS AND RESERVATIONS  20  
C.  ACCESSION AND WITHDRAWAL  20  
D.  INSTITUTIONAL FRAMEWORK  20  
E.  DISPUTE SETTLEMENT  20  
F.  RELATIONSHIP WITH OTHER AGREEMENTS CONCLUDED BY THE PARTIES  21  
ANNEX I 23 
ANNEX II 27 
 
 WT/REG113/3  
Page 1  
 
 
  Key Facts 
 
Parties to the Agreement:   
The European Union (Austria;  Belgium;  Bulgaria;  Cyprus;  
Czech Republic;  Denmark;  Estonia; Finland;  France;  Germany;  
Greece;  Hungary;  Ireland;  Italy;  Latvia;  Lithuania;  Luxembourg; 
Malta;  Netherlands;  Poland;  Portugal;  Romania;  Slovak Republic;  Slovenia;  Spain;  Sweden; United Kingdom), and South Africa. 
 
Date of Signature:  11 October 1999 
 
Date of Entry into Force:  1 January 2000 
 Date of Notification:   3 September 2004  
 Full implementation:  1 January 2012  
 
  
I. TRADE ENVIRONMENT 
1. The Trade, Development and Cooperation Agr eement (hereafter TDCA or "the Agreement") 
between the European Union (EU) and South Africa was the first agreement signed by the EU and a 
sub-Saharan African country, and South Africa's first cross regional trade agreement (RTA).   
2. The EU is the world's largest exporter and importer of merchandise goods (15.1% of world 
exports and 16.5% of imports in 2010) and is al so South Africa's largest trading partner accounting 
for 32.1% of South Africa's imports and 26.1% of its  global exports in 2010.  South Africa ranked in 
2010 as the world's 25th
th largest exporter and 22nd largest importer (excluding intra-EU trade) and is 
the EU's 17th largest trading partner in terms of exports and imports (accounting for 1.6% of the EU's 
global exports and 1.2% of its imports in 2010).1   
3. Charts I.1 and I.2 show global and bilateral tre nds in merchandise trade of the Parties during 
the period surveyed.  Both the EU and South Africa have maintained growing trade deficits with the 
world since 2003 (growing especially until 2008), but in  bilateral trade, the EU has had a trade surplus 
with South Africa for much of the period.2 
                                                      
1 WTO Statistics Database, Trade Profiles and the UNSD Comtrade Database. 
2 Data for Chart I.1 is sourced from Eurostat, while Chart I.2 is sourced from Comtrade (2000-10) and 
the South African authorities (1997-99).  Eurostat data us es f.o.b. and c.i.f. valuation for exports and imports, 
respectively, while Comtrade uses f.o.b. valuation for both  import and exports.  The differences in bilateral trade  
may result from the usual asymmetries between export and import data due to time lag, exchange rates and use 
of f.o.b. versus c.i.f. valuation. WT/REG113/3 
Page 2  
 
  01020304050
05001,0001,5002,000
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010€ billion € billionChart I.1 - EU: Merchandise imports from and exports to world and South 
Africa, 1997-2010
Note: Data for 1997-2003 is EU(15); 2004-2006 is EU(25); 2007-2010 is EU(27).
Source : Eurostat database.Imports from South Africa
Exports to South AfricaTotal imports
Total exportsLeft hand scale: Right hand scale:
 
 
01020304050607080
01020304050607080
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010€ billion € billionChart I.2 - South Africa: Merchandise imports from and exports to world 
and EU, 1997-2010
Note: Data for 1999-2003 is EU(15); 2004-2006 is EU(25); 2007-2010 is EU(27).
Source : UNSD, Comtrade database and South African authorities.Imports from EU
Exports to EUTotal imports
Total exportsLeft hand scale: Right hand scale:
 
 
  WT/REG113/3 
 Page 3 
 
 
4. The commodity structure of trade among the Parti es, as well as of their imports and exports to 
the world in 1997-1999, before the Agreement entered into force and in 2007-10 the years for which the most recent data are available, on the basi s of HS section product categories, is shown in 
Charts I.3a and I.3b. 
5. Three product categories – precious stones, mine rals, and base metals - accounted for about 
58% of the EU's imports from the South Africa in  the period 1997-1999 just before the Agreement 
entered into force;  these were also South Africa's three largest export product categories globally with 
machinery, which accounted for 7.2% of the EU's imports from South Africa, forming the fourth 
largest export product category globally.  Chart I.3b s hows that this broad structure remains relatively 
unchanged in 2008-10 with precious  stones and minerals accounting fo r almost half of the EU's 
imports from South Africa, with machinery and base metals accounting for another 23%.  In terms of 
South Africa's global exports, minerals have now  almost doubled their share (22.3% compared to 
12.7% in 1997-1999), while the share of base metals  and machinery has also increased.  A significant 
share of South Africa's global exports also comprise motor vehicles. 
6. With regard to South Africa's imports from  the EU, machinery and chemicals accounted for 
60.1% in 1997-1999, with vehicles following at 6.3% .  These were also the EU's three largest broad 
export product categories, accounting for 58.4% of its  global exports.  Almost ten years later in 
2008-2010 the share of South Africa's machinery a nd chemical imports from the EU has declined 
while motor vehicle imports account for almost 15% of its imports (compared to 6.3% before the 
Agreement entered into force).  The EU's la rgest global export product categories are mostly 
unchanged, with machinery, chemicals, vehicles and base metals accounting for 65.5% of exports 
(compared to 64.5% in the earlier period). WT/REG113/3 
Page 4  
 
  Chart I.3a
EU and South Africa: product composition of merchandise trade, annual average 
(1997-1999)
EU's imports from South Africa South Africa's imports from EU
Source:  UNSD, Comtrade database and Eurostat database.Per cent
Total:  € 10 billion Total:  €9 billion
Total:  € 721 billion Total: € 22 billion
Total:  € 738 billion Total:  € 25 billionEU's global exportsSouth Africa's global exportsEU's global imports South Africa's global importsOther
8.6
Precious stones
30.0
Vegetables 8.0Machinery 7.2Vehicles 5.6Miscellaneous 3.6Prepared foods 3.1
Chemicals 3.1Textiles 2.6
Machinery
45.6Other
6.4
Optical 4.3
Plastics 5.2Precious stones 2.6
Chemicals 14.5Base metals 5.1Textiles 2.2
Vehicles 6.3Prepared foods 2.4
Machinery
35.6
Plastics 4.4Other 
9.5
Base metals 4.7Textiles 3.9Vegetables 2.2
Minerals 11.7Vehicles 7.1
Chemicals 11.9Optical 4.2Prepared foods 2.4
Wood pulp 2.5Other 
6.4
Base metals 5.9Optical 4.3Machinery
27.4 Plastics 2.9Prepared foods 2.7
Vehicles 9.6Chemicals 6.9Precious stones 3.6
Minerals 11.9Miscellaneous 2.7
Vegetables 3.4
Other 
7.9
Vehicles 14.8Textiles 2.2
Minerals 12.7Vegetables 4.1Precious stones 
29.0
Chemicals 6.4Vegetables 5.8
Machinery 6.5Base metals 
15.4Miscellaneous 1.8Plastics 1.5
Prepared foods 3.7
Base metals 6.1Plastics 3.8Machinery
31.7Wood pulp 2.7Precious stones 2.7Minerals 2.5Miscellaneous 2.1Other 
9.4Minerals 18.4
Base metals 9.9Wood pulp 3.6Articles of stone 2.1
Textiles 8.0
Prepared foods 3.9Wood pulp 2.8
Chemicals 11.9Optical 4.0
Textiles 4.7
 
  WT/REG113/3 
 Page 5 
 
 
Chart I.3b
EU and South Africa: product composition of merchandise trade, annual average 
(2008-2010)
EU's imports from South Africa South Africa's imports from EU
Source:  UNSD, Comtrade database and Eurostat database.Per cent
Total:  € 18 billion Total:  €18 billion
Total:  € 1,428 billion Total: € 55 billion
Total:  € 1,252 billion Total:  € 48 billionEU's global exportsSouth Africa's global exportsEU's global imports South Africa's global importsOther
8.7
Precious stones
27.3
Base metals 11.3
Machinery 
21.9Vegetables 7.0Vehicles 6.1Prepared foods 3.0Chemicals 3.1
Machinery
32.5Other
15.8
Prepared foods 3.0
Plastics 4.3Articles of stone 1.5
Chemicals 12.7Minerals 3.7
Vegetables 1.7Base metals 5.1Optical 3.7
Machinery
25.7
Plastics 3.7Other 
12.1
Base metals 4.7Optical 2.8Miscellaneous 1.5
Vehicles 9.7Chemicals 9.3Minerals 21.8Textiles 2.8Wood pulp 1.6
Prepared foods 2.5Other 
7.4
Base metals 6.1Textiles 5.6Minerals 
28.3 Plastics 2.6Vegetables 2.6
Vehicles 6.7Precious stones 2.4
Prepared foods 2.4
Miscellaneous 2.5
Optical 3.4
Other 
5.1
Chemicals 15.3Prepared foods 3.7
Precious stones 16.5Minerals 
22.3
Machinery 9.9
Vehicles 10.3Base metals 
17.8Wood pulp 2.1Plastics 1.8
Plastics 3.9
Base metals 7.2Optical 4.6Machinery
29.1Prepared foods 3.4Textiles 2.7Precious stones 2.5Miscellaneous 2.1Other 
9.3Minerals 21.5
Machinery 11.7Wood pulp 2.9
Vehicles 14.9
Chemicals 8.1
Chemicals 6.4Vegetables 4.2
Vehicles 13.9Minerals 6.1
 
 WT/REG113/3 
Page 6  
 
  II. CHARACTERISTIC ELEMENTS OF THE AGREEMENT 
A. B
ACKGROUND INFORMATION  
7. The Trade, Development and Cooperation Ag reement between the European Union and 
South Africa was signed on 11 October 1999;  pending the completion of ratification procedures, the 
Parties agreed to apply certain provisions of the Agreement, including those relating to trade in goods 
on a provisional basis as of 1 January 2000.  For the EU, the Agreement was approved by Decision 
(2004/441/EC) of the Council of the European Union of 26 April 2004 after the necessary ratification 
procedures were completed.  Full entr y into force took place on 1 May 2004.  
8. On 2 November 2000, the Parties notified th e Agreement under Article XXIV:7(a) of the 
GATT 1994, as aiming at the establishment of a free trade area over a maximum period of 12 years 
(WT/REG113/N/1).  The text of the Agreement was circulated to WTO Members as document 
WT/REG113/1 and is also available, together with the Annexes, on the following websites:    
"http://eur-
lex.europa.eu/JOIndex.do?year=1999&serie =L&textfield2=311&Subm it=Search&ihmlang=en " 
http://www.dirco.gov.za/foreign/saeub ilateral/docs/tdcaagreementtext.pdf  
9. The Agreement is composed of eight Titles c ontaining a total of 109 Articles, as follows: 
Box II.1:   Table of Contents of the Agreement 
Title I  General Objectives, Principles and Political Dialogue 
Title II  Trade Title III  Trade Related Issues 
Title IV  Economic Cooperation 
Title V  Development Cooperation Title VI  Cooperation in Other Areas 
Title VII  Financial Aspects of Cooperation 
Title VIII Final Provisions 
 
Source: The Agreement. 
 
10. In addition ten Annexes and two Protocols form an  integral part of the Agreement.  Annex I 
contains the list of agreed derogations to st andstill and rollback applied by South Africa;  
Annexes II – VII contain tariff liberalization sch edules;  Annex VIII deals with competition;  
Annex IX with public aid;  and Annex X with an ex change of letters in relation to wines and spirits.  
Protocol I deals with rules of origin, while Protocol II deals with customs cooperation.  
11. In addition to the TDCA, separate Agreements on trade in wine and spirits were signed on 
28 January 2002.3  An Agreement on scientific and technological cooperation was signed on 
10 November 1997.   
12. According to Article 5.2, the free trade area is  to be established over a maximum transitional 
period of twelve years in the case of South Africa (i.e. by 2012), and ten years in the case of the EU (i.e. by 2010).   
13. Due to South Africa's membership of th e Southern African Customs Union (SACU), 
South Africa had to request formal concurrence for its bilateral agreement with the EU from the other 
                                                      
3 The Agreements can be found on the following website:  
http://eur-lex.europa.eu/JOHtml.do ?uri=OJ:L:2002:028:SOM:EN:HTML   WT/REG113/3 
 Page 7 
 
 
four members of SACU, i.e. Botswana, Lesot ho, Namibia and Swaziland.  Although Botswana, 
Lesotho and Swaziland formally ga ve their concurrence and began to apply the Agreement with 
respect to imports from the EU, Namibia did not give  its concurrence and continues to apply SACU's 
MFN duties to imports from the EU. 
III. PROVISIONS ON TRADE IN GOODS 
A. IMPORT DUTIES AND CHARGES , AND QUANTITATIVE RESTRICTIONS  
1. General provisions 
14. The basic duty to which the successive reductions set out in the Agreement are to be applied 
were the rates in effect on the date of entry into force of the Agreem ent, i.e. January 2000 
(Article 7.1).  In cases where the process of tariff dism antlement did not start at the entry into force of 
the Agreement, the base rate to which successive re ductions were to be applied was either the MFN 
rate applied on 1 January 2000, or the MFN rate applied on the starting date of the relevant tariff 
dismantlement, whichever is lower (Article 7.3). 
15. For the EU, customs duties on the import of industrial products from South Africa were 
abolished upon the entry into force of the Agre ement with the exception of products listed in 
Annex II, most of which were subject to progressive liberalization over a period of three to ten years.  
The tariff elimination schedule for motor-car co mponents listed in Annex II, list 4 was to be 
established in the latter half of 2000.  By Deci sion No 1/2006 of the EU-South Africa Cooperation 
Council of 12 December 2006, the Parties agre ed to phase out and eliminate duties on some 
automotive products by amending Annex II list 4 and Annex III list 5 and list 6.4   
16. Customs duties on products in Annex II, list 5 were  to be reviewed in the fifth year of the 
Agreement in view of a possible elimination of tariffs.   According to the Parties, revisions of Annex II 
list 5 and Annex III list 6 are being discussed in th e context of the Economic Partnership Agreement 
being negotiated between the EU and the S ADC EPA states (Angola, Botswana, Lesotho, 
Mozambique, Namibia, South Africa and Swaziland). 
17. For South Africa, customs duties on the import of industrial products were abolished upon the 
entry into force of the Agreement with the exceptio n of products listed in Annex III, most of which 
are subject to progressive liberalization over a period of three to 12 years.  A number of products (footwear, leather, motors, textiles and tyres) contai ned in list 5 of Annex III are subject to reduction, 
but not elimination of duties.  Products containe d in list 6 of Annex III were not scheduled for 
liberalization, but were to be periodically revi ewed with a view to potential liberalization.
5   
18. For agricultural products (HS Chapters 1-24 and certain tariff lines from HS Chapters 29, 33, 
35, 38, 41, 43, 50, 51, 52, and 53), the EU's customs duties on imports were abolished on the entry 
into force of the Agreement with the exception of  products listed in Annex IV, most of which are 
subject to progressive liberalization over a period of three to ten years.  For some products, a duty free 
quota applied until the end of the tariff phase down period (section 3 below), and in a few cases, 
seasonal restrictions were also applied.   
19. For South Africa, customs duties on the import of agricultural products were abolished on the 
entry into force of the Agreement with the exception of products listed in Annex VI, most of which 
are subject to progressive liberalization over a period of three to 12 years.  For some products, a duty free quota applies until the end of the tariff phase down period (section 3 below).   
                                                      
4 Such liberalization is included in the trade and tari ff liberalization tables presented in Section III.A.2 
of this report. 
5 See comment provided by the Parties on the previous paragraph. WT/REG113/3 
Page 8  
 
  20. The EU grants tariff concessions on fishery products originating in South Africa for those 
products listed in Annex V over a period of ten year s upon entry into force of the Fisheries Agreement 
referred to in Article 62 of the Agreement.  Sout h Africa has scheduled a list of fisheries products 
(in Annex VII) subject to progressive elimination of ta riffs in parallel with the elimination of customs 
duties of the corresponding items by the EU.  As of  July 2012, the Fisheries Agreement has not yet 
entered into force.  
21. Quantitative restrictions on imports and measures having equivalent effect were abolished by 
the Parties upon the entry into force of the Agreemen t (Article 19).  No new quantitative restrictions 
or customs duties on imports may be introduced or increased between the Parties.  
22. Article 17 of the Agreement provides that, upon re quest by South Africa, the EU will consider 
accelerated tariff elimination for imports of agricultural goods into South Africa, coupled with the 
elimination of all export refunds for exports to S outh Africa of the same products originating in the 
EU.  If the EU agrees, new timetables for tariff e limination and elimination of export refunds will 
apply simultaneously as of a date to be agreed betw een the Parties.  Such an agreement was concluded 
in 2008 (and came into force in 2010), which inter alia , provides for tariff preferences on certain 
cheese products granted to the EU by South Africa and the elimination of export refunds of the same 
products by the EU.
6 
23. Article 18 provides for the Parties to consider fu rther liberalization of reciprocal trade no later 
than five years after the entry into force of the Ag reement.  According to the Parties, discussions for 
further liberalization are taking place in the contex t of the Economic Partnership Agreement being 
negotiated between the EU and the SADC EPA st ates (Angola, Botswana, Lesotho, Mozambique, 
Namibia, South Africa and Swaziland). 
2. Liberalization of trade and tariff lines 
24. Liberalization by the Parties of tariffs a nd trade under the Agreement are detailed in 
Tables III.1 and Chart III.1 for the EU and Table III.2 and Chart III.2 for South Africa.  In 2000 when 
the Agreement entered into force, the EU's MFN tariff consisted of 10,025 lines at the HS 8-digit 
level.  Around 10% of its tariff (998 lines) was subject to non ad valorem  rates of duty, with 639 and 
263 lines, respectively having specific and compound rates of duty;  in addition, 62 lines had mixed rates of duty.  As ad valorem  equivalents of specific rates were not available, for compound and 
mixed rates of duty, the Secretariat has used only the ad valorem  component of these tariffs in its 
calculations.  
25. In 2000 2,030 lines or 20.2% of the tariff was duty free on an MFN basis, accounting for 
61.5% of the EU's annual average imports from S outh Africa during 1997-1999 (Table III.1).  As a 
result of the Agreement entering into force, the EU liberalized a further 33.1% of its tariff for imports 
from South Africa, corresponding to an additional 10. 7% of its imports from South Africa.  Further 
elimination of tariffs were to take place in 2003, 2 004, 2006, 2008 a nd 2010.  By the end of the EU's 
implementation of its tariff commitments in 2010,  875 tariff lines or around 8.7% of the tariff, 
corresponding to 10.2% of its imports from South Afri ca were to remain dutiable;  91.3% of the tariff 
would be eliminated for imports from South Africa. 
 
 
 
                                                      
6 This agreement does not affect the EU tariff schedule.  The tariff schedule submitted by South Africa 
did not include liberalization of chees e products.  Besides the implementati on of the cheese ag reement in 2010, 
cheese products have been and are still subject to a TRQ, with a preferential in-quota rate but without any tariff 
phase-down.  WT/REG113/3 
 Page 9 
 
 
Table III.1 
Tariff elimination commitments under the Agreement and corresponding average trade 
A. EU 
Duty phase-out period Number of 
lines % of total lines in 
EU's tariff schedule Value of EU's imports from South 
Africa (1997-1999) in million € % of EU's total 
imports from South 
Africa 1997-1999 
MFN duty free (2000) 2,030 20.2 5,542.5 61.5 
2000 3,316 33.1 967.5 10.7 
2003 2,047 20.4 649.1 7.2 
2004 400 4.0 217.8 2.4 
2006 580 5.8 540.9 6.0 
2008 20 0.2 27.9 0.3 
2010 757 7.6 152.4 1.7 
Remain dutiable 875 8.7 921.0 10.2 
Total 10,025 100.00 9,018.9 100.0 
 
Based on the HS 1996 nomenclature. 
 
Source :  WTO estimates based on data provi ded by EU and WTO-IDB database. 
 
26. Chart III.1 below shows that of the tariffs eliminated by the EU for imports from South Africa 
tariffs facing MFN duties of 20% and above are to be mainly eliminated as of 2003, while those 
facing non ad valorem duties are to be mostly elim inated at the end of implementation in 2010. 
0 2,000 4,000 6,000 8,000 10,000200020032004200620082010Chart III.1
EU's duty elimination under the Agreement
Year of duty free treatment   
Source: WTO Secretariat estimates, based on data provided by EU.Number of duty-free lines (cumulative)
Duty-free ≤10% ≤20% MFN is: ≤30% ≤50% >50% ≤40% non- ad valorem duties
 
 
27. South Africa's tariff elimination commitments are shown in Table III.2.  In 2000 
South Africa's MFN tariff consisted of 7,824 lines at the HS 8-digit level.  Almost a quarter of its 
tariff was subject to non ad-valorem  rates of duty, with 1,737 lines subject to mixed rates of duty 
consisting of specific and ad valorem  components, 198 lines carrying specific rates of duty, and 
7 lines with compound tariff rates.  In 2000 South Africa already provided duty free MFN treatment for 44.6% of its tariff (3,487 lines).  Its tariff elim ination commitments in th e Agreement, with the 
exception of 595 lines eliminated in 2005, are backlo aded, with over half of its commitments to 
eliminate tariffs being implemented in the final year  of the transition period in 2012.  At the end of 
implementation, South Africa would have eliminated tariffs on 5,671 lines (2,184 lines of which were 
not duty free on an MFN basis at the entry into for ce of the Agreement) corresponding to 93.2% of its 
imports from the EU during 1997-1997.  Around 27.5% (2,153 lines), corresponding to 6.9% of its 1997-1999 imports from the EU will remain subject  to duty for imports from the EU once the 
Agreement is fully implemented in 2012.  The back loading in liberalization by South Africa is also WT/REG113/3 
Page 10  
 
  evident from Chart III.2 below which shows that most  tariffs facing MFN duties of 20% and over and 
non ad valorem duties are to eliminated only at the end of implementation in 2012.
 
Table III.2 
Tariff elimination commitments under the Agreement and corresponding average trade 
B. South Africa 
Duty phase-out period Number of 
lines % of total lines in 
South Africa's 
tariff schedule Value of South Africa's 
imports from EU  
(1997-1999) in million € % of South Africa's total 
imports from EU 
1997-1999 
MFN duty free (2000) 3,487 44.6 6,697.9 71.1 
2000 106 1.4 193.5 2.1 
2001 10 0.1 11.5 0.1 
2002 35 0.4 61.0 0.6 
2003 146 1.9 37.8 0.4 
2004 85 1.1 74.7 0.8 
2005 595 7.6 646.7 6.9 
2006 14 0.2 11.0 0.1 
2007 18 0.2 15.3 0.2 
2008 8 0.1 5.0 0.1 
2010 53 0.7 49.8 0.5 
2011 12 0.2 29.5 0.3 
2012 1,102 14.1 938.6 10.0 
Remain dutiable 2,153 27.5 645.6 6.9 
Total 7,824 100.00 9,417.8 100.0 
 
Note: Based on the HS 1996 nomenclature. 
 
Source:  WTO estimates based on data provided by South Africa.  
0 2,000 4,000 6,000200020012002200320042005200620072008201020112012Chart III.2
South Africa's duty elimination under the Agreement
Year of duty free treatment   
Source: WTO Secretariat estimates, based on data provided by South Africa.Number of duty-free lines (cumulative)
Duty-free ≤10% ≤20% MFN is: ≤30% ≤50% >50% ≤40% non- ad valorem duties
 
 
(a) Liberalization by the EU 
28. Table III.3 and Chart III.3 provide further details  of tariff liberalization by the EU under the 
Agreement by HS Section.  The bulk of the EU's liberalization commitments were to be implemented 
by 2003 when 5,363 lines, in addition to 2,030 lin es already duty free at the MFN level, were to 
become duty free.  At the end of the EU's implem entation period in 2010, the tariff lines remaining 
dutiable were to be mainly in HS Sections I, IV a nd II with some products in  Sections VI, XV and III 
also remain subject to duties for imports from South Africa.  The average duties for the lines 
remaining subject to duties are all equivalent to the MFN averages;  thus no preferential rates are applied to these tariff lines under the Agreement on ce fully implemented.  Chart III.3 below shows  WT/REG113/3 
 Page 11 
 
 
that the highest average rates are found in HS Ch apters 11 (milling produc ts, 19.3%), 20 (prepared 
vegetables and fruit, 17.2%), 33 (essential oils, 15.9% ), 8 (edible fruit and nuts, 15%) and 2 (meat and 
edible meat offal, 14.4%).  
Table III.3 
EU:  Tariff elimination under the Agreement, by HS section 
HS section and 
description  MFN 
average 
% Total 
No. of 
lines  Number of duty-free lines  
No. of lines 
remaining 
dutiable  
Avg. Final Tariff 
(Dutiable) 
% 
MFN 
2000 
2000 
2003 
2004 
2006 
2008 2010 
I Live animals and 
animal products 8.9 775 76 43 25    251 380 9.5 
II Vegetable products 5.6 581 123 94 61    205 98 9.0 
III Animal or 
vegetable fats and oils 6.5 127 13 43 42    27 2 - 
IV Prepared food etc. 14.6 828 79 24 89    270 366 12.8 
V Minerals 0.7 250 191 56 3       
VI Chemicals and 
chemical products 4.5 1,197 303 582 280  5  4 23 8.4 
VII Plastics and rubber 5.3 334 66 196 72       
VIII Hides and skins 2.7 138 43 67 28       
IX Wood and articles 2.6 177 80 56 41       
X Pulp, paper etc. 2.9 245 58 175 12       
XI Textiles and 
textiles articles 8.8 1,289 49 9 735  496     
XII Footwear, 
headgear 8.0 114 2 30 82       
XIII Articles of stone 3.8 266 38 168 60       
XIV Precious stones, 
etc. 0.7 62 47 13 2       
XV Base metals and 
base metals products 2.7 1,114 130 419 139 400 20   6 5.7 
XVI Machinery 2.1 1,592 505 896 191       
XVII Transport 
equipment 4.6 286 45 122 40  59 20    
XVIII Precision 
equipment 2.2 380 131 214 35       
XIX Arms and 
ammunition 2.5 27 2 3 22       
XX Miscellaneous 
manufactured articles 2.8 236 42 106 88       
XXI Works of art, etc. 0.0 7 7         
Total 5.1 10,025 2,030 3,316 2,047 400 580 20 757 875 10.5 
 
- specific duty.  
Note: For tariff lines subject to TRQs, on ly the out-of-quota duty is included in the tariff-related calculations; for the calc ulation of 
 averages, specific rate s are excluded and the ad valorem  parts of alternate rates are included.  Based on the HS 1996 
 nomenclature. 
 
Source : WTO estimates based on data provided by the EU.  WT/REG113/3 
Page 12  
 
  05101520
01 02 03 04 06 07 08 10 11 13 *15 16 17 18 19 20 21 *22 *23 29 33 35 38 76Chart III.3
EU: Average of dutiable rates, by HS Chapter
Average rate of duty (%)  
HS Chapter
MFN= Preferential
Note: For tariff lines subject to TRQs only the out-of-quota duty is included in the tariff-related calculations; for the calcu lation of  
averages, specific rates are excluded and the ad valorem parts of alternate rates are included.
*HS chapters 15, 22 and 23 contain non- ad valorem duties only.
Source :  WTO Secretariat estimates based on data provided by EU.  
 
(b) Liberalization by South Africa 
29. Table III.4 and Chart III.4 provide details of  tariff liberalization by South Africa by 
HS Section.  While tariff liberalization duri ng the transition period takes place across most 
HS Sections, the bulk of tariffs are liberalized  in 2005 and especially in 2012 at the end of 
implementation.  At the end of implementation, tariff lines remaining dutiable for imports from the 
EU are mostly found in HS Sections XI (textiles and clothing), XVII (optical products), I (live 
animals and animal products and IV  (prepared foods).  For the tariff lines remaining subject to duty 
once the Agreement is implemented, there are no pr eferential rates applied.  The highest average 
tariffs on lines remaining dutiable are found in HS Chapters 4 (dairy products at 81%), 2 (meat and edible meat offal at 31%), 16 (preparations of meat or fish at 26.7%), 17 (sugar) and 3 (fish) (25% each), 63 (made up textiles at 20.2%) and 19 (preparations of cereal at 20%). 
Table III.4 
South Africa:  Tariff elimination u nder the Agreement, by HS section HS Section 
MFN average%  
Tota l 
No. 
of 
lines  Number of duty-free lines  
No. of lines 
remaining dutiable  
Avg. Final Tariff 
(Dutiable %  MFN 2000 
2000 
2001 
2002 
2003 
2004 2005 
2006 
2007 
2008 
2010 
2011 
2012 
I 14.2 243 80   1 3 69 21      8 61 43.4 
II 7.4 325 150 10 1 3 70 2 33 1 3   1 45 6 8.9 
III 4.2 55 25  1  8  11     2 8   
IV 15.8 296 63    35 2 34      106 56 23.1 
V 2.2 176 138 10  3   6      7 12 12.1 
VI 2.3 1'094 898 2 1 6 7  45 5 1  23  101 5 12.1 
VII 9.0 429 176   3 3 2 31 2   2 2 190 18 12.1 
VIII 10.9 75 36 6 1         4 7 21 18.3 
IX 7.7 87 42      21      24   
X 6.5 167 74 2  5 1 1 47   3  2 32   
XI 30.2 
2,117 133  1 1 3  25  3  16  85 1,85
0 11.3 
XII 22.1 84 12      2  2    38 30 19.0 
XIII 7.0 203 89 6  7 13 1 35   2   47 3 13.3 
XIV 5.3 60 44 4     1      11   
XV 5.7 742 352 14 1 1  2 219 1  1   137 14 5.4 
Table III.4 (cont'd)  WT/REG113/3 
 Page 13 
 
 
HS Section 
MFN average%  
Tota l 
No. 
of 
lines  Number of duty-free lines  
No. of lines 
remaining dutiable  
Avg. Final Tariff 
(Dutiable %  MFN 2000 
2000 
2001 
2002 
2003 
2004 2005 
2006 
2007 
2008 
2010 
2011 
2012 
XVI 4.0 1'035 735 52 1 4 3 5 63 3 5 2 12 1 138 11 10.7 
XVII 10.0 211 113  1 1     2    31 63 13.5 
XVIII 0.3 241 236       1     4   
XIX 15.5 32 5  2      2    23   
XX 8.7 145 79     1 1 1     60 3 6.5 
XXI 0.0 7 7               
Total 12.8 7,824 3,487 106 10 35 146 85 595 14 18 8 53 12 1,102 2,153 12.6 
 
Note: For tariff lines subject to TRQs, on ly the out-of-quota duty is included in the tariff-related calculations; for the calc ulation of 
 averages, specific rates are excluded and the ad valorem  parts of alternate rates are included. 
 
Based on the HS 1996 nomenclature. 
 
Source :   WTO estimates based on data provided by South Africa.  
0102030405060708090
02 03 04 07 10 11 16 17 19 21 22 27 28 29 39 40 42 43 51 52 53 54 55 56 57 58 59 60 61 62 63 64 68 70 76 83 84 85 87 94 96Chart III.4
South Africa: Average of dutiable rates, by HS Chapter
Average rate of duty (%)  
HS Chapter
Note: For tariff lines subject to TRQs only the out-of-quota duty is included in the tariff-related calculations; for the calcu lation of  
averages, specific rates are excluded and the ad valorem parts of alternate rates are included.
Source :  WTO Secretariat estimates based on data provided by South Africa.MFN= Preferential
 
 
3. Tariff rate quotas 
30. Both Parties maintain tariff rate quotas (TRQs)  under the Agreement.  The EU has TRQs on 
some cheese and curd products, cut flowers, fruit a nd nuts, fruit juices, wines and some ferro alloys, 
while South Africa has TRQs for some cheese and cu rd and wine products.  Two categories of TRQs 
are granted:  for products where the EU dismantles ta riffs after a certain transitional period, e.g. after 
six years, a duty-free transitional quota (which rema ins in place until the tariff on the product has been 
fully liberalized) is applied.  An annual non-cumula tive growth factor of 5% applies to transitional 
quotas.  For other products which are not fully liber alized, a TRQ with a preferential in-quota rate 
applies.  This TRQ will remain in place subject to periodic joint review.  An annual non-cumulative WT/REG113/3 
Page 14  
 
  growth factor of 3% applies to such partial lib eralization TRQs.  Certain TRQs, e.g. on sparkling 
wine, bottled wine and cheese, are reciprocal.  Details of TRQ quantities, in quota rates and 
corresponding MFN rates are provided in Annex II below.   
B. R
ULES OF ORIGIN  
31. Disciplines regarding rules of origin are set out in Protocol 1 of the Agreement.  Article 1 
contains the definitions of terms used in the Prot ocol, while Articles 2 to 13 provide the substantive 
rules.  Articles 14-34 contain provisions dealing with customs procedures. 
32. Basic requirements for a product to be considered originating (Articles 4 and 5 of Protocol 1) 
are:  
(a) the product is wholly obtained in one of the Parties;  or 
(b) the non-originating materials incorporated in a product have undergone sufficient 
working or processing in the Parties, ac cording to specific requirements.  
33. There are no regime-wide rules of origin, but a list of specific criteria that non-originating 
materials should meet so that the final product acqui res originating status, as contained in Annex II.  
In most cases, origin is granted if the working or processing carried out on non-originating materials 
results in a change in tariff classification (CTC) on an  HS basis, at the heading level (CTH 4-digit).  
This rule requires changes from either "a headi ng except that of the product" or from a specific 
heading or material, as is the case in prepared f oodstuffs, wood and wood pu lp, textiles, footwear, 
articles of stone and plaster, pearls and base metals.  In some cases, materials from the same heading 
may be allowed, normally within a certain limit (in some petroleum products , chemicals, plastics, 
machinery and miscellaneous manufactured articles).  In a few cases, there are some headings from 
which the product cannot be manufactured.  
34. An import content test (MC) can also be provided either to supplement the CTH (some 
prepared foodstuffs, wood pulp, base metals, mach inery, transport equipment and measuring and 
musical instruments) or as a standalone rule (for some vegetables, prepared foodstuffs, chemicals, 
plastics, footwear, machinery and mechanical ap pliances, transportation equipment, measuring 
instruments, arms and ammunition and furniture).7  In the case of chemicals, plastics, machinery and 
mechanical appliances, transportation equipment, me asuring instruments and furniture the MC test is 
offered as an alternative criterion;8  the permissible limit for non-originating materials is normally 
40%, but different thresholds may apply (ranging from 20 to 50%).  A technical test or process rule, 
demanding that some production processes take place in the territory of the Parties, is required for some minerals, chemicals, plastics, wood, textiles, hides and skins, glass products and base metals.  In 
the case of textiles and glass products, the technical test is offered as an alternative rule in 
combination with an import content test.  Rules requiring certain materials to be obtained in the 
territory of the Parties (wholly obtained rules) ar e used in many processed agricultural products.  
35. Paragraphs 1 and 2 of Article 3 provide for b ilateral cumulation between the Parties, while 
paragraphs 3 to 7 of this Artic le provide for diagonal cumulati on with the African Caribbean and 
Pacific (ACP) states and for full cumulation, i.e. cumulation in terms of materials and of working or 
processing, with other SACU countries.
9  Products which benefit from  diagonal cumulation with ACP 
states are only considered as originating in the EU or South Africa when the value-added there 
                                                      
7 The MC requirement establishes the maximum value of non-originating materials allowed in the final 
product, expressed as a percentage of the ex-works price of the product. 
8 Column 3 of Annex II to Protocol 1 describes the specific rule. When an alternative rule appears in 
column 4, either rule can be applied. 
9 Namely Botswana, Lesotho, Namibia and Swaziland.  WT/REG113/3 
 Page 15 
 
 
exceeds the value of the materials used originating in one of the ACP states.  If this is not the case, the 
products concerned are considered as originating in the ACP state which accounts for the highest 
value of originating materials used.  Such cumu lation may only be applied where the ACP materials 
used have acquired the status of originating pro ducts by the application of the rules of origin 
contained in the Fourth ACP-EC Convention.   
36. Article 5 of Protocol 1 provides for an "absor ption principle" - i.e. when a non-originating 
material acquires originating status by mee ting the corresponding processing requirement, this 
material is considered to be 100% originating once incorporated into a final product. 
37. The "tolerance rule" in Article 5.2 provides th at non originating products may be used when 
the value of all non-originating materials that do not undergo the required condition does not exceed 
15% of the ex-works price of the good, except for products falling within HS Chapters 3 and 24 and 
HS Headings 1604, 1605, 2207 and 2208 where the total value of the non-originating materials does 
not exceed 10% of the ex-works price of the product.   Specific tolerances apply to textile and clothing 
products, as defined in introductory  notes 5 and 6 of Annex I. 
38. Article 6 lays down a list of insufficient working or processing operations carried out in the 
territory of the Parties that do not confer origin , whether or not the product meets the product specific 
rules of Annex II.  Article 7 defines the unit of qualification to be used when determining 
classification using the HS nomenclature;  Articles 8-10 deal with how certain materials (accessories, spare parts or tools, sets, and neutral elements) are to  be treated or valued when determining the origin 
of the goods.
 
39. Article 11 of Protocol 1 establishes the way retu rned goods can keep their originating status, 
to the extent that certain conditions are fulfilled.   These conditions allow retention of originating 
status provided that it can be demonstrated that th e returning goods are the same as those exported and 
that they have not undergone any operation beyond that necessary to preserve them in good condition.  
Non compliance with these conditions will result in th e loss of originating status.  Outward processing 
is not allowed.  Articles 12 and 13 deal respectivel y with the obligation of direct transport of goods 
and goods sent for exhibitions. 
40. There is no prohibition of duty drawback in the Agreement.   
C. EXPORT DUTIES AND CHARGES , AND QUANTITATIVE RESTRICTIONS  
41. According to Article 19, the Parties undertak e not to apply export duties or quantitative 
restrictions on exports on intra trade.   
D. REGULATORY PROVISIONS OF THE AGREEMENT  
1. Standards 
(a) Standards-related measures 
42. Article 47 addresses standards and conformity assessment.  The Parties agree to promote 
greater use of international technical regulations , standards and conformity assessment procedures.  
Additional provisions of this Article provide fo r enhanced cooperation, facilitation of technical 
assistance and the development of practical links between South African and European 
standardization, accreditation a nd certification organizations.  
(b) Sanitary and phytosanitary (SPS) measures  
43. The Agreement does not contain measures relating to SPS measures.   WT/REG113/3 
Page 16  
 
  2. Safeguard measures 
(a) Intra-trade 
44. Article 24 lays down the conditio ns under which the Parties may impose safeguard measures 
on each other.  Where a product is being imported in  such increased quantities as to cause or threaten 
to cause serious injury to domestic producers of lik e or directly competitive products, the Parties may 
take appropriate measures under the conditions provi ded for in the WTO Agreement on Safeguards or 
the Agreement on Agriculture and in accordance w ith the procedures laid down in Article 26.  
Article 26 provides that measures may be taken for a period not exceeding three years with no possibility of renewal.
10  According to the Parties, no such measures have been taken. 
45. Where any product is being imported in such increased quantities as to cause or threaten to 
cause "serious deterioration in the economic situa tion" of the European Union's outermost regions,11 
the EU may take surveillance or safeguard measures limited to the region(s) concerned, in accordance 
with Article 26.12  According to the Parties, no such measures have been taken. 
46. Likewise, in the event that a product is being imported in such quantities to cause of threaten 
to cause serious deterioration in the economic situat ion of one or more of the other members of the 
SACU, South Africa, at the request of the SA CU country concerned, may exceptionally take 
surveillance or safeguard measures in  accordance with Article 26.   
47. Article 26.1 indicates that the  surveillance m echanism has as its purpose the rapid provision 
of information on the trend of trade flows. 
(b) Transitional Safeguard Measures 
48. Article 25 lays down the measures which may be  taken by South Africa to protect infant 
industries or sectors facing serious difficulties as a resu lt of increased imports from the EU as a result 
of the reduction of duties.  South Africa may in crease or reintroduce customs duties which may not 
exceed the level of the basic duty or the applied MFN rates of duty or 20% ad valorem , whichever is 
the lower, and shall maintain an element of prefer ence for products originating in the EU.  The total 
value of all products subject to such measures ma y not exceed 10% of total imports of industrial 
products from the EU during the last year for which statistics are available.  Such measures may be 
applied for a maximum period of four years and cease to apply after the expiry of the maximum 
transition period of 12 years, though they may be exceptionally extended by decision of the Cooperation Council.  No such measures can be introdu ced in respect of a product if more than three 
years have elapsed since the elimination of all duties and quantitative restrictions or charges or 
measures having an equivalent effect concerning that  product.  According to the Parties, no such 
measures have been taken. 
49. South Africa shall notify the Co-operation Coun cil of the exceptional measures it intends to 
take.  At the EU's request, consultations shall be held on such measures before their application in 
order to reach a satisfactory solution. 
                                                      
10 The WTO Agreement on Safeguards a llows for a four year period with possibility of extension for a 
further four years. 
11 Outermost regions are defined in Article 349 of the Treaty on the Functioning of the European Union 
(TFEU).  These are Guadeloupe, French Guiana, Martin ique, Reunion, Saint-Barthelemy, Saint-Martin, the 
Azores, Madeira and the Canary Islands. 
12 Thus such measures are not subject to the determination of serious injury laid down in the WTO 
Agreement on Safeguards.  WT/REG113/3 
 Page 17 
 
 
(c) Agricultural Safeguards 
50. In the event that imports of products origin ating in one Party cause or threaten to cause a 
serious disturbance to the markets of the other Party, the Cooperation Council will immediately 
consider the matter to find an appropriate soluti on (Article 16).  Where exceptional circumstances 
require immediate action, a Party may take provisional measures necessary to limit or redress the 
disturbance.  According to the Parti es, no such measures have been taken. 
(d) Balance of Payments measures 
51. In the event that one or more member states of the EU, or South Africa, is in serious balance 
of payments difficulties, or under threat thereof,  either Party may adopt restrictions on current 
transactions of limited duration which do not go beyond  what is necessary to remedy the balance of 
payments situation.  Such measures should be in  accordance with the conditions established under the 
GATT and Articles VIII and XIV of the Articles of  the Agreement of the IMF (Article 34).   
3. Anti-dumping and countervailing measures 
52. Article 23 permits the Parties to apply anti-dumping or counter vailing measures in conformity 
with WTO provisions.  
4. Subsidies and State-aid 
53. Article 41 states that public aid which favours certain firms or the production of certain 
goods, which distorts or threatens to distort comp etition, and which does not support a specific public 
policy objective is incompatible with the proper fu nctioning of the Agreement.  In the event that 
public aid causes or threatens to cause serious prejudice to the interests of the other Party, Article 42 
provides for the Parties to enter into consultations to  find an acceptable solution.  In the absence of 
any rules or procedures on public aid agreed between the Parties, the provisions of the WTO apply to 
public aid or subsidies. 
54. The Parties agree on the objective of transparen cy in the area of public aid and, upon request, 
to provide information on aid schemes, on particular  individual cases of public aid, or the total 
amount and the distribution of aid given, taking account  the limitations imposed by either Party's laws 
relating to the requirements of business and professional secrecy (Article 43). 
5. Customs-related procedures 
55. Article 48 of the Agreement calls for the Pa rties to promote and facilitate cooperation 
between their customs services, through, for exam ple, the exchange of information and training 
schemes. 
56. Customs procedures related to rules of origin ar e detailed in Articles 14-29 of Protocol I, and 
Annexes III to V and Protocol II.  Articles 14-29 la y out the administrative questions and disciplines 
regarding proof of origin.  Proof of origin is to be issued by the exporting auth orities at the request of 
the exporter.  Annexes III to V contain samples of the EUR.1 Movement Certificate, the invoice 
declaration, and supplier's declaration, respectively.  Protocol II contains provisions relating to mutual 
administrative assistance in customs matters, in par ticular with respect to mutual assistance, execution 
of requests and information exchange and confidentiality. WT/REG113/3 
Page 18  
 
  6. Other regulations 
(a) Competition policy 
57. Section D of the Agreement (Articles 35-40) deals with measures incompatible with the 
promotion of fair competition and the curtailment of anti-competitive practices between the Parties.  
Article 36 commits the Parties to implement regulations  within three years of the entry into force of 
the Agreement.
13  In the event that the European Co mmission or the South African Competition 
Authority has reason to believe that anti-competitive practices are taking place within the territory of 
the other authority, it may request the other Party's competition authority to take appropriate remedial 
action. 
(b) Government procurement 
58. The Parties agree to cooperate to ensure that access to their procurement contracts is governed 
by a fair, equitable and transparent system.  The Cooperation Council is to periodically review 
progress made in this matter (Article 45).  Accordi ng to the Parties, this matter has been examined and 
discussed in detail, but there was no agreement to further liberalize governme nt procurement between 
the Parties. 
(c) Intellectual property 
59. Article 46 commits the Parties to ensure ade quate and effective prot ection of intellectual 
property rights in conformity with the highest international standards and undertake to improve, 
where appropriate, the protection provided for in the WTO Agreement on Trade Related Aspects of Intellectual Property Rights.  Unde r Article 46.6, the EU agrees to provide technical assistance to 
South Africa, upon request, in the preparation of  laws and regulations for the protection and 
enforcement of intellectual property rights.  
(d) Economic and other Cooperation 
60. Title IV (Articles 50-64) provides for the Pa rties to develop and promote cooperation on a 
broad range of economic and industrial matters su ch as the restructuring and modernization of 
South African industry; investment promotion and protection; trade development;  
telecommunications and information technology;  energy;  mining;  transport;  and tourism. 
61. Title VI (Articles 83-92) extends cooperati on under the Agreement to other areas such as 
science and technology, culture, social issues, hu man resources and the fight against drugs and money 
laundering.   
(e) Environment 
62. Article 84 commits the Parties to cooperate to  pursue sustainable development through the 
rational use of non-renewable natural resources and the sustainable use of renewable natural 
resources.  
                                                      
13 In the case of the EU, Annex VIII refers to the rele vant articles (81 and 82) of the Treaty establishing 
the European Union, which are now Articles 101 and 102 of the TFEU.  For South Africa, the South African Competition Act, which prohibits the abuse of a dominant position and restrictive horizontal and vertical 
practices, was passed into law in 1998.  The South Afri can Competition Authorities became operational in 1999.  WT/REG113/3 
 Page 19 
 
 
(f) Labour 
63. Under Article 86, the Parties agree to engage  in a dialogue on social cooperation which 
includes labour relations among others and to use the pertinent standards of the ILO as the point of 
reference for the development of these rights. 
(g) Services 
64. Section B of Title III (Articles 29-31) deals w ith the right of establishment and supply of 
services.  In Article 29, the Parties reconfirm thei r GATS commitments, particularly with regard to 
the fourth Protocol to the GATS concerning basic te lecoms and the fifth Protocol concerning financial 
services.  In Article 30, the Parties express their desire to extend the scope of the Agreement to 
liberalize trade in services to be re viewed within five years of the entry into force of the Agreement.  
According to the Parties, this matter has been ex amined and discussed in detail, but there was no 
agreement to further liberalize trade in services between the Parties.   
65. In Article 31, the Parties state their willingness to apply effectively the principle of 
unrestricted access to the international maritime ma rket and traffic based on fair competition on a 
commercial basis.  The Parties agree to extend to each other's nationals and the vessels registered in 
the territory of the Parties treatment no less favourab le than that granted on an MFN basis in respect 
of the maritime transport of goods, passengers or both, access to ports, the use of infrastructure and 
auxiliary maritime services of those ports and re lated fees and charges, customs facilities and the 
assignment of berths and facilities for loading and unloading, based on fair competition and on 
commercial terms. 
E. SECTOR -SPECIFIC PROVISIONS OF THE AGREEMENT  
1. Agreements on Trade in Wine and Spirits 
66. On 28 January 2002, the Parties concluded agreem ents on trade in wine and in spirits which 
supplement the TDCA.14  These agreements have been applied on a provisional basis since 28 January 
2002, pending the completion of ratification.15  The agreement on spirits applies to products falling 
under HS heading 2208, which are produced in such a manner that they conform to the applicable 
legislation regulating the production of a particular t ype of spirit (Article 2).  The agreement on wine 
applies to wines falling under HS heading 2204 wh ich are defined as originating when produced 
solely from grapes which have been wholly harvest ed in the territory of one of the Parties in 
accordance with one or more of its oenological prac tices or processes (Article 3 and Annex I).  The 
wine agreement contains provisions relating to th e recognition of new oenological practices including 
a safeguard clause which permits the Parties to  suspend provisionally the authorization for new 
oenological processes or to restrict the prescriptions for oenological processes or practices (Articles 5 
and 6). 
67. Title II of the wine agreement and Title I of th e spirits agreement contain provisions for the 
reciprocal protection of names.  In accordance wi th these agreements, the Parties shall provide the 
appropriate legal means to ensure effective prot ection of the names/geographical indications (GIs) 
used for the identification of wines (Article 7) and spirits (Article 5) originating in the territories of 
the Parties.  They lay down provisions on the mark eting of existing stocks which do not conform to 
the conditions of the wine or spirits agreement.  The wine agreement (Article 9) includes transitional 
provisions concerning port and sherry re ferred to in Annex X of the TDCA. 
                                                      
14 EU Official Journal OJ L 28 of 30.1.2002. 
15 According to the Parties, the ratification process has not been completed. WT/REG113/3 
Page 20  
 
  IV. GENERAL PROVISIONS OF THE AGREEMENT 
A. C
URRENT PAYMENTS AND MOVEMENT OF CAPITAL  
68. The Parties agree to allow all payments for cu rrent transactions between residents of the EU 
and South Africa to be made in freely convertible currency (Article 32).  S outh Africa may take the 
necessary measures to ensure that the provisions whic h liberalize current payments are not used by its 
residents to make unauthorized capital outflows.  W ith regard to transactions on the capital account of 
the balance of payments, the Parties ensure that cap ital relating to direct investments in South Africa 
in companies formed in accordance with current laws can move freely and such investment and any 
profit stemming therefrom can be liqui dated and repatria ted (Article 33). 
B. EXCEPTIONS AND RESERVATIONS  
69. General exceptions and reservations are laid down in Article 27 of the Agreement, which 
permits the Parties to impose restrictions on imports  and exports for reasons of public policy similar 
to those contained in GATT Article XX.   
C. ACCESSION AND WITHDRAWAL  
70. The Agreement does not contain any provision for accession by third countries. 
D. INSTITUTIONAL FRAMEWORK  
71. Article 97 lays down the provisions for the establishment of a Joint Cooperation Council 
(JCC) which has responsibility to ensure the proper functioning and im plementation of the 
Agreement;  to study the development of trade and cooperation between the Parties;  to seek 
appropriate methods of forestalling problems which mi ght arise in the context of the Agreement;  and 
to exchange opinions and suggestions on areas of  mutual interest.  The composition, frequency, 
agenda and venue of the cooperation council meetings  are to be agreed through consultation between 
the Parties.16  The JCC has the power to take decisions in respect of all matters covered by the 
Agreement.   
E. DISPUTE SETTLEMENT  
72. The procedures for the settlement  of disputes between the Pa rties under the Agreement are 
laid down in Article 104.  
73. Each Party may refer any dispute relating to  the application or interpretation of the 
Agreement to the Cooperation Council which may settle  any dispute by means of a binding decision.  
In the event that the Cooperation Council is unable to settle it, either Party may notify the other of the 
appointment of an arbitrator.  The other Party must then appoint a second arbitrator within two months of the appointment of the first arbitrator.  A third arbitrator is to be appointed by the 
Cooperation Council within a period of six months a nd the arbitrators' decision is to be taken by 
majority vote within 12 months.  Th e arbitrators' decision is binding. 
74. In the case of disputes arising under Titles II and III of the Agreement (trade in industrial and 
agricultural products), the timelines are reduced as follo ws:  the appointment of a second arbitrator is 
                                                      
16 Decision No 1/2001 of the Co-operation Council established the rules and procedures of the JCC.  
The JCC is made up of various working groups covering trade, development and political matters.  The JCC 
meets annually alternating betw een South Africa and Brussels.  WT/REG113/3 
 Page 21 
 
 
to take place within 30 days;  a third arbitrator is to  be appointed within 60 days;  and the arbitrators' 
decision is to be taken within 6 months (or th ree months in the case of perishable goods).  
F. RELATIONSHIP WITH OTHER AGREEMENTS CONCLUDED BY THE PARTIES  
75. Article 22 permits the Parties to engage in customs unions and free trade areas with third 
countries, except in as far as they alter the rights and obligations of the Agreement.  In the event of a 
third country acceding to the European Union, consulta tions will take place to ensure that the mutual 
interests of the EU and South Africa are taken into account.17  
76. Table IV.1 provides a summary of agreements , notified and non-notified to the GATT/WTO 
and in force to which the EU and South Africa are parties.  
Table IV.1  
European Union and South Africa:  Partic ipation in other RTAs (notified and no n-notified in force), as of August 2012  
Partner / Agreement Date of 
entry  
into force Type of 
agreement GATT/WTO Notification 
Year WTO Provision 
EUROPEAN UNION  
Madagascar, Mauritius, Seychelles, 
Zimbabwe 14.05.12 Goods 2012 GATT Art. XXIV 
Rep. of Korea 01.07.11 Goods & Services  2011 GATT Art. XXIV & GATS Art. V 
Montenegro 01.05.10 Services 2010 GATS Art. V 
Serbia 01.02.10 Goods 2010 GATT Art. XXIV 
Papua New Guinea / Fiji 20.12.09 Goods 2011 GATT Art. XXIV 
Cameroon 01.10.09 Goods 2009 GATT Art. XXIV 
Albania 01.04.09 Services 2009 GATS Art. V 
Côte d'Ivoire 01.01.09 Goods 2008 GATT Art. XXIV 
CARIFORUM States 01.11.08 Goods & Servi ces 2008 GATT Art. XXIV & GATS Art. V 
Bosnia and Herzegovina 01.07.08 Goods 2008 GATT Art. XXIV 
Montenegro 01.01.08 Goods 2008 GATT Art. XXIV 
Albania 01.12.06 Goods 2007 GATT Art. XXIV 
Algeria 01.09.05 Goods 2006 GATT Art. XXIV 
Chile 01.03.05 Services 2005 GATS Art. V 
Croatia 01.02.05 Services 2009 GATS Art. V 
Egypt 01.06.04 Goods 2004 GATT Art. XXIV 
FYROM 01.04.04 Services 2009 GATS Art. V 
Lebanon 01.03.03 Goods 2003 GATT Art. XXIV 
Chile 01.02.03 Goods 2004 GATT Art. XXIV 
Jordan 01.05.02 Goods 2002 GATT Art. XXIV 
San Marino 01.04.02 Goods 2010 GATT Art. XXIV 
Croatia 01.03.02 Goods 2002 GATT Art. XXIV 
FYROM 01.06.01 Goods 2001 GATT Art. XXIV 
Mexico 01.10.00 Services 2002 GATS Art. V 
Mexico 01.07.00 Goods 2000 GATT Art. XXIV 
Israel 01.06.00 Goods 2000 GATT Art. XXIV 
Table IV.1 (cont'd)
                                                      
17 According to the Parties, this was the case w ith the accession of the Czech Republic, Estonia, 
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, and the Slovak Republic to the EU on 1 May 2004 
and the accession of Bulgaria and Romania to the EU on 1 January 2007. WT/REG113/3 
Page 22  
 
  Partner / Agreement Date of 
entry  
into force Type of 
agreement GATT/WTO Notification 
Year WTO Provision 
Morocco 01.03.00 Goods 2000 GATT Art. XXIV 
South Africa 01.01.00 Goods 2000 GATT Art. XXIV 
Tunisia 01.03.98 Goods 1999 GATT Art. XXIV 
Palestinian Authority 01.07.97 Goods 1997 GATT Art. XXIV 
Faeroe Islands 01.01.97 Goods 1997 GATT Art. XXIV 
Turkey 01.01.96 Goods 1995 GATT Art. XXIV 
European Economic Area 01.01.94 Services 1996 GATS Art. V 
Andorra 01.07.91 Goods 1998 GATT Art. XXIV 
Syria 01.07.77 Goods 1977 GATT Art. XXIV 
Norway 01.07.73 Goods 1973 GATT Art. XXIV 
Iceland 01.04.73 Goods 1972 GATT Art. XXIV 
Switzerland – Liechtenstein 01.01.73 Goods 1972 GATT Art. XXIV 
Overseas Countries and Territories 01.01.71 Goods 1970 GATT Art. XXIV 
SOUTH  AFRICA 
SACU 15.07.04 Goods 2007 GATT Art. XXIV 
SADC 01.09.00 Goods 2004 GATT Art. XXIV 
EFTA - SACU 01.05.08 Goods 2008 GATT Art. XXIV 
 
Source: WTO Secretariat.  
 
EFTA: European Free Trade Association. 
SACU: Southern African Customs Union. SADC: Southern African Development Community. 
 
  WT/REG113/3 
 Page 23 
 
 
ANNEX I 
 
Indicators of trade liberalization under the EU-South Africa Agreement 
  
1. A comparison between the scheduled elimination of tariffs applied to the Parties' mutual 
imports and the duty rates applied by the EU a nd South Africa to MFN imports is shown in 
Tables AI.1 (EU) and AI.2 (South Africa), by agricultural, non-agricultural and total products.  Applied MFN duty rates in 2000 when the Agreemen t entered into force and more recently in 2011 
serve as a basis for the comparison. 
2. The EU has a variable MFN tariff structure.  It s (unweighted) average MFN rate (2000) was 
5.1% on all goods and 4.9% in 2011, with a lower average tariff applied to non-agricultural goods 
(4.4% in 2000 and 4.3% in 2011) than to agricultura l products (9.2% in 2000 falling to 8.7% in 2011).  
Over 20% of the EU's tariff lines were duty-free at an MFN level in 2000.  On entry into force of the 
Agreement, South African exporters enjoyed a relative margin of preference of 45.5% on 
non-agricultural products vis-à-vis  the prevailing average MFN tariff in 2000, and a relative margin of 
preference of 18.5% in agricultural goods.  The sh are of duty free lines applicable to imports from 
South Africa is expected to rise from 53.3% in 2000 when the Agreement entered into force to 91.3% 
in 2010.  The share of duty-free lines in agriculture at  73% is expected to be lower in 2010 than for 
non-agricultural products (96.1%).   
Table AI.1 
EU:  Indicators of MFN tariff rates and pref erential rates for imports from South Africa 
Origin of 
goods Year ALL PRODUCTS Agricultural products a Non-agricultural products 
Average applied 
tariff Share of 
duty-free 
tariff 
lines (%) Average applied 
tariff Share of 
duty-free 
tariff 
lines (%) Average applied 
tariff Share of 
duty-free 
tariff lines 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2000 5.1 6.6 20.2 9.2 11.8 15.4 4.4 5.6 21.5 
 2011 4.9 6.7 24.9 8.7 12.1 17.7 4.3 5.9 26.7 
South Africa 2000 3.1 7.3 53.3 7.5 12.7 26.4 2.4 6.0 60.3 
 2001 2.6 6.2 53.3 7.0 11.8 26.4 1.9 4.7 60.3 
 2002 2.1 5.0 53.3 6.4 10.9 26.4 1.4 3.5 60.3 
 2003 1.6 7.6 73.7 5.6 12.9 37.0 0.9 5.2 83.4 
 2004 1.3 8.1 77.7 5.3 12.1 37.0 0.6 5.5 88.5 
 2005 1.1 7.0 77.7 4.6 10.7 37.0 0.5 4.6 88.5 
 2006 0.9 9.3 83.5 4.1 9.4 37.0 0.4 8.9 95.8 
 2007 0.8 8.4 83.5 3.5 8.1 37.0 0.4 8.9 95.8 
 2008 0.7 7.7 83.7 2.9 6.7 37.0 0.4 9.5 96.1 
 2009 0.7 6.8 83.7 2.3 5.4 37.0 0.4 9.5 96.1 
 2010 0.6 10.5 91.3 1.4 12.0 73.0 0.4 9.5 96.1 
 a WTO Definition.  
Note: For tariff lines subject to TRQs, only the out-of-quota dut y is included in the tariff-related calculations;  for the cal culation of  
averages, specific rates are excluded and the ad valorem  parts of alternate rates are included. 
 
Based on the HS 1996 nomenclature. 
 
Source : WTO Secretariat estimates based on data provided by EU and the WTO-IDB database. 
 
3. South Africa  had a variable MFN tariff structure with  an (unweighted) average MFN rate of 
12% on all goods in 2000 when the Agreement entere d into force;  its average MFN tariff has since 
declined to 8.2% in 2011.  In 2000 the average applied tariff on non-agricultural products was 13.2%, 
compared to 9.3% for agricultural products.  Duty -free tariff lines accounted for 44.6% of all tariff 
lines of which 44% for agricultural products and 44.7% for non-agricultural goods.  On entry into 
force, the EU's exporters to South Africa enjoye d a relative margin of preference of almost 18% 
overall, with 23.5% in non-agricultural goods vis-à-vis  the average MFN applied tariff in 2000, and a 
relative margin of preference of 5.4% in agricultu ral goods.  At the end of implementation in 2012, WT/REG113/3 
Page 24  
 
  the overall share of duty free tariff lines for imports from the EU would have increased to 72.5%, with 
70.2% of non-agricultural products and 91.4% of ag ricultural products becoming duty free as a result 
of the Agreement. 
Table AI.2 
South Africa:  Indicators of MFN tariff rates and preferential rates for imports from European Union 
Origin of 
goods Year ALL PRODUCTS Agricultural products a Non-agricultural products 
Average applied 
tariff Share of 
duty-free 
tariff lines 
(%) Average applied 
tariff Share of 
duty-free 
tariff lines 
(%) Average applied 
tariff Share of 
duty-free 
tariff 
lines (%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2000 12.8 23.5 44.6 9.3 18.7 44.0 13.2 24.0 44.7 
 2011 8.2 19.3 56.3 12.2 22.2 42.0 7.7 18.7 58.4 
European Union  
2000  
10.5  
19.8  
45.9  
8.8  
18.1  
45.0  
10.7  
20.0  
46.1 
 2001 9.9 18.7 46.0 8.5 17.2 45.3 10.1 18.9 46.2 
 2002 9.4 18.0 46.5 8.1 16.7 45.8 9.6 18.2 46.6 
 2003 8.5 16.8 48.4 6.7 18.6 59.7 8.7 16.7 47.0 
 2004 7.6 15.3 49.4 6.7 18.7 60.1 7.7 15.0 48.2 
 2005 6.6 15.6 57.0 6.9 25.3 69.3 6.6 14.9 55.6 
 2006 5.9 14.0 57.2 6.3 23.2 69.4 5.9 13.4 55.8 
 2007 5.0 12.0 57.4 5.8 21.4 69.6 5.0 11.3 56.0 
 2008 4.7 11.1 57.5 5.2 19.3 69.8 4.6 10.5 56.1 
 2009 4.4 10.4 57.5 4.7 17.5 69.8 4.3 9.9 56.1 
 2010 4.0 9.8 58.2 4.2 15.6 70.0 4.0 9.3 56.8 
 2011 3.7 9.1 58.4 3.7 14.0 70.3 3.7 8.7 57.0 
 2012 3.4 12.6 72.5 3.1 38.3 91.4 3.5 11.7 70.2 
 a WTO Definition. 
 
Note: For tariff lines subject to TRQs, only the out-of-quota dut y is included in the tariff-re lated calculations; for the calc ulation of 
averages, specific duties are excluded and the ad valorem  parts of alternate rates are included. 
 
Based on the HS 1996 nomenclature. 
 
Source : WTO Secretariat estimates based on data provid ed by South Africa and the WTO-IDB Database. 
 
4. Table AI.3 shows the market access opportunities in the EU for South Africa's top 25 exports 
(at the HS 6-digit level) which accounted for 50.7% of South Africa's exports to the world in the 
period 1997-99. The table shows at which year all HS 8-digit tariff lines corresponding to the product 
definition (i.e. applying to the 6-digit HS code us ed to capture the volume of trade) will become 
duty-free in the EU, and the applicable rules of origin. South Africa's top 25 exports (at the HS 6-digit level) cover a total of 128 lines of which 30 lines we re already duty free in 2000 on an MFN basis.  
Under the Agreement tariffs on a further 45 lin es are to be eliminated by 2010 when the EU 
completes implementation.  The remaining 53 tariff lines relating to wine (46 lines), oranges (3 lines - 
largely liberalized seasonally), cane suga r (2 lines), aluminium and fresh grapes
18 (1 line each) are to 
remain dutiable once the Agreement is fully impl emented.  Average MFN tariffs (based on ad 
valorem rates) in 2000 for these products ranged fro m 6-16.7%;  the lines corresponding to wine and 
sugar are subject to specific duties. 
                                                      
18 Dutiable on a seasonable basis only.  WT/REG113/3 
 Page 25 
 
 
Table AI.3 – EU:  Market access opportunities unde r the agreement for Sout h Africa top 25 exports 
South Africa's top export products in 1997-1999  Access Conditions to EU's import markets
MFN (2000)
Duty-free in  
Remain Dutiable  MFN  
average (%)  No. of 
tariff 
lines
HS number and description of the product  
Share in 
global  
exports 
Duty-
free 
Dutiable 
2000  
2003 
2006 
2008 
2010 
710820 Monetary 16.7 0.0 1        
270112 Bituminous coal 5.0 0.0 2        
710231 Unworked or simply sawn, cleaved or bruted 4.3 0.0 1        
720241 Containing by weight more than 4 % of carbon 2.6 4.0  3   3    
760110 Aluminium, not alloyed 2.5 6.0  1      1 
271000 Petroleum oils and oils obtained from 
bituminous minerals, other than crude; 
preparations not elsewher e specified or included, 
containing by weight 70 % or more of petroleum oils or of oils obtained from bitumi 2.0 2.9 11 24 24      
711019 Other 1.6 0.0 2        
711011 Unwrought or in powder form 1.6 0.0 1        
870323 Of a cylinder capacity exceeding 1,500 cc but 
not exceeding 3,000 cc 1.6 10.0  3    3   
260112 Agglomerated 1.3 0.0 1        
710210 Unsorted 1.2 0.0 1        
940190 Parts 1.1 2.4  3  3     
710239 Other 1.1 0.0 1        
842139 Other 1.0 1.4 1 4 4      
470200 Chemical wood pulp, dissolving grades 0.9 0.0 1        
261400 Titanium ores and concentrates 0.9 0.0 2        
860900 Containers (including containers for the 
transport of fluids) specially designed and equipped for carriage by one or more modes of 
transport 0.8 0.0 2        
170111 Cane sugar 0.7 -  2      2 
080510 Oranges 0.6 16.7  4     1 3 
282300 Titanium oxides 0.6 5.5  1  1     
220421 In containers holding 2 l or less 0.6 -  51     5 46 
080610 Fresh 0.5 15.0  2     1 1 
710811 Powder 0.5 0.0 1        
711021 Unwrought or in powder form 0.5 0.0 1        
440122 Non-coniferous 0.5 0.0 1        
Total of above  50.7  30 98 28 4 3 3 7 53 
 
- specific duty. 
 
Source:  WTO estimates based on data provided by EU and UNSD, Comtrade database. 
 
5. Table AI.4 shows the market access opportunities in  South Africa for the EC's top 25 exports.  
It shows in which year all tariff lines corresponding to the product definition (i.e. applying to the 
6-digit HS code used to capture the volume of tr ade) will become duty-free in South Africa, and the 
applicable rules of origin. 
6. The EU's top 25 exports to the world (at the HS-6  digit level) cover a total of 87 tariff lines at 
the HS-8 digit level, accounting for 23.2% of its global exports in 1997-1999;  of these 42 lines were 
already free of MFN duties in 2000 while 45 are subject to duties.  Under the Agreement, of the 45 lines 30 are to be liberalized by South Africa be tween 2000 and 2012, the majority of which (24) at 
the end of the transition period in 2012.  Of the 15 lines which will remain subject to duty, 11 concern 
petroleum products and were subject to an average MFN duty of 7.8% in 2000.   
 
 
 WT/REG113/3 
Page 26  
 
  Table AI.4 – South Africa: Mark et access opportunities under the agreement for EU top 25 exports 
EU's top export products in 1997-1999  Access Conditions to South Africa's import markets
MFN (2000)
Duty-free in  
Remain Dutiable  MFN  
average (%)  No. of 
tariff lines
HS number and description of the product  
Share in 
global 
exports 
Duty-free 
Dutiable 
2000  
2002 2004 
2005 
2012 
870323 Of a cylinder capacity exceeding 1,500 cc but 
not exceeding 3,000 cc 3.2 33.5  2     1 1 
300490 Other 2.0 0.0 1        
880240 Aeroplanes and other aircraft, of an unladen 
weight exceeding 15,000 kg 1.7 0.0 1        
870324 Of a cylinder capacity exceeding 3,000 cc 1.6 33.5  2     1 1 
271000 Petroleum oils and oils obtained from 
bituminous minerals, other than crude; 
preparations not elsewher e specified or included, 
containing by weight 70 % or more of petroleum 
oils or of oils obtained from bitumi 1.5 7.8 4 12  1    11 
847330 Parts and accessories of the machines of heading 
no. 84.71 1.1 0.0 1        
880230 Aeroplanes and other aircraft, of an unladen 
weight exceeding 2,000 kg but not exceeding 15,000 kg 1.1 0.0 1        
852520 Transmission apparatu s incorporating reception 
apparatus 1.1 0.0 1        
870899 Other 1.0 10.6 3 6  1   3 2 
710231 Unworked or simply sawn, cleaved or bruted 0.9 0.0 1        
854213 Metal oxide semiconductors (mos technology) 0.9 0.0 1        
841191 Of turbo-jets or turbo-propellers 0.7 0.0 1        
841112 Of a thrust exceeding 25 kn 0.7 0.0 1        
711319 Of other precious metal,  whether or not plated or 
clad with precious metal 0.6 20.0  1     1  
851790 Parts 0.6 6.3 1 1   1    
852990 Other 0.6 4.2 5 1     1  
710239 Other 0.5 0.0 1        
848180 Other appliances 0.5 13.6 1 13    1 12  
847989 Other 0.5 6.3 1 3 1    2  
851750 Other apparatus, for carrier-current line systems 
or for digital line systems 0.4 5.0  1    1   
293490 Other 0.4 0.0 14        
890110 Cruise ships, excursion boats and similar vessels 
principally designed for the transport of persons; 
ferry-boats of all kinds 0.4 0.0 1        
847150 Digital processing units other than those of sub-
headings 8471.41 and 8471.49, whether or not 
containing in the same housing one or two of the 
following types of unit : storage units, input 
units, output units 0.4 0.0 1        
220421 In containers holding 2 l or less 0.4 25.0  3     3  
270900 Petroleum oils and oils obtained from 
bituminous minerals, crude 0.4 0.0 1        
Total of above  23.2  42 45 1 2 1 2 24 15 
 
Source:  WTO estimates based on data provided by  South Africa and Eurostat database.  
  WT/REG113/3 
 Page 27 
 
 
ANNEX II 
 
Tariff rate quotas under the Agreement 
 
Table AII.1. 
EU Tariff rate quotas for im ports from South Africa 
Description HS Code Quota volume Preferential 
rate MFN rate 2000 MFN rate 2011 
Cheese and curd 
(liberalized 
fully in 2010) 04061020 5,000 MT (Global 
quota);  agf 5% Zero 202.6€/100 kg 185.2 €/100 kg/net 
 04061080  241.9€/100 kg 221.2 €/100 kg/net 
 04062090  205.8€/100 kg 188.2 €/100 kg/net 
 04063010  158.5€/100 kg 144.9 €/100 kg/net 
 04063031  152.1€/100 kg 139.1 €/100 kg/net 
 04063039  158.5€/100 kg 144.9 €/100 kg/net 
 04063090  235.2€/100 kg 215 €/100 kg/net 
 04064090  154.1€/100 kg 140.9 €/100 kg/net 
 04069001  182.8€/100 kg 167.1 €/100 kg/net 
 04069021  182.8€/100 kg 167.1 €/100 kg/net 
 04069050  165.2€/100 kg 151 €/100 kg/net 
 04069069  205.8€/100 kg 188.2 €/100 kg/net 
 04069078  165.2€/100 kg 151 €/100 kg/net 
 04069086  165.2€/100 kg 151 €/100 kg/net 
 04069087  165.2€/100 kg 151 €/100 kg/net 
 04069088  165.2€100 kg 151 €/100 kg/net 
 04069093  202.6€/100 kg 185.2 €/100 kg/net 
 04069099  241.9€/100 kg 221.2 €/100 kg/net 
Cut flowers and 
flower buds 06031030 500 MT (global quota); 
agf 3% 50% of MFN 
or 80% of GSP 9.9% 8.5% (From 1 January to 
31 May);  12% (From 1 June to 31 
October); 
 8.5%  (From 1 November to 31 December)  06031080 600 MT; agf 3%  9.9% 
 06031010 500 MT (global quota);  
agf 3%  9.9% 
 06031050   9.9% 
 06031080 900 MT;  agf 5% Zero 9.9% 
 06039000 500 MT;  agf 3% 25% of MFN 11.7% 10% 
Frozen 
strawberries 08111090 250 MT;  agf 3% Zero 15% 14.4% 
Pears, apricots 
and peaches 20084051 40,000 MT gross weight 
(global quota);  agf 3% 50% of MFN 18.3% 17.6% 
 20084059   16.7% 16% 
 20084071   20% 19.2% 
 20084079   18.3% 17.6% 
 20084091   17.5% 16.8% 
 20084099   17.5% 16.8% 
 20085061   20% 19.2% 
 20085069   18.3% 17.6% 
 20085071   21.7% 20.8% 
 20085079   20% 19.2% 
 20085092   14.2% 13.6% 
 20085094   17% 17% 
 20085099   19.2% 18.4% 
 20087061   20% 19.2% 
 20087069   18.3% 17.6% 
 20087071   20% 19.2% 
 20087079   18.3% 17.6% 
 20087092   15.8% 15.2% 
 20087094   19% 18.4% 
 20087099   19.2% 18.4% 
 20089259 18,000 MT gross weight 
(global quota);  agf 3% 50% of MFN 18.3% 17.6% 
 20089272 2,000 MT gross weight;  
agf 3% 50% of MFN 9.9% 8.5% 
 20089274 18,000 MT gross weight 
(global quota);  agf 3% 50% of MFN 14.2% 13.6% 
 20089278   20% 19.2% 
 20089298   19.2% 18.4% 
Table AII.1 (cont'd)WT/REG113/3 
Page 28  
 
  Description HS Code Quota volume Preferential 
rate MFN rate 2000 MFN rate 2011 
Fruit juices 
(including grape must) 20091199 700 MT;  agf 3% 50% of MFN 15.8% 15.2% 
 20094030 5,000 MT (global quota);  
agf 3% 50% of MFN 15.8% 15.2% 
 20097011   30% + 19.6 €/100kg 30% + 18.4 €/100 kg/net 
 20097019   30% 30% 
 20097030   18% 18% 
 20097091   18% + 20.4€/100 kg 18% + 19.3 €/100 kg/net 
 20097093   18% 18% 
 20097099   18% 18% 
Wine of fresh 
grapes, 
including 
fortified wines 22041019 450,000 litres (global 
quota);  agf 5% Zero 33.3€/hl 32 €/hl 
 22041099   33.3€/hl 32 €/hl 
 22042179 32 million litres (global 
quota);  agf 3% Zero 13.7€/hl 13.1 €/hl (Of an actual 
strength by volume not 
exceeding 13 % vol.); 
 15.4 €/hl (Of an actual strength by volume exceeding 13 % vol and 
not exceeding 15 % vol.)  22042180   13.7€/hl 
 22042183   16€/hl 
 22042184   16€/hl 
Ferro alloys 72024110 515,000 MT global 
quota Zero 4% 4% 
 72024191   4% 4% 
 72024199   4% 4% 
 
Source : WTO Secretariat, based on Annex II, Li st 3 and Annex IV, Lists 3, 4 and 6 an d data provided by the authorities. 
 
 
Table AII.2 
South Africa: Tariff rate  quotas for imports from the European Union 
Description HS Code Quota volume Preferential rate MFN rate 2000 MFN rate 2011 
Cheese and curd 
(opened in 2010) 04061010 5,000 MT (Global quota);  
agf 3% 50% of MFN rate 
500c/kg 500c/kg with a 
maximum of 
95%  04061020  
 04062010  
 04062090  
 04063000  
 04064010  
 04064090  
 04069010  
 04069025  
 04069035  
 04069090  
 20089298   5% 5% 
Wine of fresh 
grapes, including 
fortified wines (liberalized fully in 2012) 22041010 260,000 litres (global 
quota);  agf 5% Zero 
25% 25% 
 22041090   
 22042110 1 million litres (global 
quota);  agf 5% Zero 
 22042120   
 22042190   
 
Note: agf = annual growth factor (not cumulative). 
 
Source : WTO Secretariat, based on Annex VI, Lists 3 and 4 and data provided by the authorities. 
__________