# Official Journal L 352/27 N

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 352 |
| | |
| English edition | Legislation | Volume 4727 November 2004 |

ISSN 1725-2555

Official Journal

of the European Union

L 352

English edition

Legislation

Volume 4727 November 2004

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | * | Council Regulation (EC, Euratom) No 2028/2004 of 16 November 2004 amending Regulation (EC, Euratom) No 1150/2000 implementing Decision 94/728/EC, Euratom on the system of the Communities' own resources | 1 |
| | | Commission Regulation (EC) No 2029/2004 of 26 November 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables | 8 |

Contents

I   Acts whose publication is obligatory

page

*

Council Regulation (EC, Euratom) No 2028/2004 of 16 November 2004 amending Regulation (EC, Euratom) No 1150/2000 implementing Decision 94/728/EC, Euratom on the system of the Communities' own resources

1

Commission Regulation (EC) No 2029/2004 of 26 November 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

8

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | 2004/800/EC:Commission Decision of 30 March 2004 on the State aid scheme put into effect by Italy providing for urgent measures to assist employment
  (notified under document number C(2004) 930)

   (
  1
  ) | 10 |
| | * | 2004/801/EC:Decision No 801/2004 of the EC-Switzerland Joint Committee of 28 April 2004 amending Protocol 3 to the Agreement concerning the definition of the concept of originating products and methods of administrative cooperation | 17 |
| Protocol 3 concerning the definition of the concept of originating products and methods of administrative cooperation | 18 |
| | * | 2004/802/EC:Decision No 1/2004 of the EU-Swiss Joint Committee of 30 April 2004 amending Annex III (Mutual recognition of professional qualifications) to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons | 129 |

II   Acts whose publication is not obligatory

Commission

*

2004/800/EC:Commission Decision of 30 March 2004 on the State aid scheme put into effect by Italy providing for urgent measures to assist employment
  (notified under document number C(2004) 930)

   (
  1
  )

(notified under document number C(2004) 930)

1

10

*

2004/801/EC:Decision No 801/2004 of the EC-Switzerland Joint Committee of 28 April 2004 amending Protocol 3 to the Agreement concerning the definition of the concept of originating products and methods of administrative cooperation

17

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

18

*

2004/802/EC:Decision No 1/2004 of the EU-Swiss Joint Committee of 30 April 2004 amending Annex III (Mutual recognition of professional qualifications) to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons

129

| | | |
| --- | --- | --- |
| | * | 1 November 2004 — New version of EUR-Lex!(See inseide back cover) | s3 |

*

1 November 2004 — New version of EUR-Lex!(See inseide back cover)

1 November 2004 — New version of EUR-Lex!

s3

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

I Acts whose publication is obligatory

| 27.11.2004 | EN | Official Journal of the European Union | L 352/1 |
| --- | --- | --- | --- |

27.11.2004

EN

Official Journal of the European Union

L 352/1

---

COUNCIL REGULATION (EC, EURATOM) No 2028/2004

of 16 November 2004

amending Regulation (EC, Euratom) No 1150/2000 implementing Decision 94/728/EC, Euratom on the system of the Communities' own resources

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 279(2) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 183 thereof,

Having regard to Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the Communities' own resources (1), and in particular Article 8(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Court of Auditors (3),

Whereas:

| (1) | The Berlin European Council of March 1999 issued a number of conclusions concerning the system of the Communities' own resources, which led to the adoption of Decision 2000/597/EC, Euratom. |
| --- | --- |

(1)

The Berlin European Council of March 1999 issued a number of conclusions concerning the system of the Communities' own resources, which led to the adoption of Decision 2000/597/EC, Euratom.

| (2) | Under Article 2(3) and Article 10(2)(c) of Decision 2000/597/EC, Euratom, the percentage retained by Member States by way of collection costs should be set at 25 % of the amounts referred to in paragraphs 1(a) and (b) of Article 2 of that Decision which are established after 31 December 2000 with the exception of those amounts that, to comply with the own resources Regulations, should have been made available to the Communities before 28 February 2001, for which the rate of 10 % should continue to apply. |
| --- | --- |

(2)

Under Article 2(3) and Article 10(2)(c) of Decision 2000/597/EC, Euratom, the percentage retained by Member States by way of collection costs should be set at 25 % of the amounts referred to in paragraphs 1(a) and (b) of Article 2 of that Decision which are established after 31 December 2000 with the exception of those amounts that, to comply with the own resources Regulations, should have been made available to the Communities before 28 February 2001, for which the rate of 10 % should continue to apply.

| (3) | The Berlin European Council decided that, in sharing out the financial burden borne by the other Member States for the correction for budgetary imbalances in favour of the United Kingdom, the shares of Austria, Germany, the Netherlands and Sweden should be adjusted so that their financial contribution is limited to one quarter of their normal contribution. |
| --- | --- |

(3)

The Berlin European Council decided that, in sharing out the financial burden borne by the other Member States for the correction for budgetary imbalances in favour of the United Kingdom, the shares of Austria, Germany, the Netherlands and Sweden should be adjusted so that their financial contribution is limited to one quarter of their normal contribution.

| (4) | In accordance with the Amsterdam Treaty and Protocols 4 and 5 attached thereto, Denmark, the United Kingdom and Ireland need not participate in measures falling under Title IV of the EC Treaty and are not therefore obliged to bear the financial consequences as a result of measures taken, other than the administrative costs. They can therefore obtain an adjustment to the own resources paid for each year in which they do not participate. |
| --- | --- |

(4)

In accordance with the Amsterdam Treaty and Protocols 4 and 5 attached thereto, Denmark, the United Kingdom and Ireland need not participate in measures falling under Title IV of the EC Treaty and are not therefore obliged to bear the financial consequences as a result of measures taken, other than the administrative costs. They can therefore obtain an adjustment to the own resources paid for each year in which they do not participate.

| (5) | Given that the Member States are under an equal obligation to pay interest in the event of delays in entering own resources in the accounts and that difficulties are currently being encountered in the determination of the interest rates to be applied which, in practice, lead to differences between the rates notified by the Member States participating in the Economic and Monetary Union which are difficult to justify, the reference rate for these States should be standardised on the basis of the rate used by the European Central Bank for its refinancing operations, which is comparable to those proposed as reference rates for Member States outside the euro area. |
| --- | --- |

(5)

Given that the Member States are under an equal obligation to pay interest in the event of delays in entering own resources in the accounts and that difficulties are currently being encountered in the determination of the interest rates to be applied which, in practice, lead to differences between the rates notified by the Member States participating in the Economic and Monetary Union which are difficult to justify, the reference rate for these States should be standardised on the basis of the rate used by the European Central Bank for its refinancing operations, which is comparable to those proposed as reference rates for Member States outside the euro area.

| (6) | The dual account system introduced in 1989 was set up to distinguish between recovered and outstanding duties. This system has only partly met its objectives regarding the mechanism used to discharge items from the separate account. Checks by the European Court of Auditors and the Commission have highlighted recurrent anomalies in the keeping of the separate account, which prevent the account from reflecting the real situation as regards recovery. The separate account should be cleansed of those amounts where recovery is unlikely at the end of a given period and the retention of which gives an inaccurate balance. In addition, from the cost-effectiveness angle, Member States will no longer incur the administrative costs involved in monitoring these amounts. |
| --- | --- |

(6)

The dual account system introduced in 1989 was set up to distinguish between recovered and outstanding duties. This system has only partly met its objectives regarding the mechanism used to discharge items from the separate account. Checks by the European Court of Auditors and the Commission have highlighted recurrent anomalies in the keeping of the separate account, which prevent the account from reflecting the real situation as regards recovery. The separate account should be cleansed of those amounts where recovery is unlikely at the end of a given period and the retention of which gives an inaccurate balance. In addition, from the cost-effectiveness angle, Member States will no longer incur the administrative costs involved in monitoring these amounts.

| (7) | The Commission should act in close cooperation with the Member States. In particular, it should have the possibility to forward its comments to the Member State concerned. |
| --- | --- |

(7)

The Commission should act in close cooperation with the Member States. In particular, it should have the possibility to forward its comments to the Member State concerned.

| (8) | Taking into account the need to find a temporary solution concerning certain administrative difficulties, it is advisable to provide for some transitional arrangements. |
| --- | --- |

(8)

Taking into account the need to find a temporary solution concerning certain administrative difficulties, it is advisable to provide for some transitional arrangements.

| (9) | In response to a request of the Court of Auditors and in order to ensure that the separate account provides a better picture of the actual budgetary situation, the Member States should send to the Commission, together with the final quarterly statement for a given year, an estimate of the total amount of entitlements contained in the separate account for which recovery is unlikely. |
| --- | --- |

(9)

In response to a request of the Court of Auditors and in order to ensure that the separate account provides a better picture of the actual budgetary situation, the Member States should send to the Commission, together with the final quarterly statement for a given year, an estimate of the total amount of entitlements contained in the separate account for which recovery is unlikely.

| (10) | According to Article 2(7) of Decision 2000/597/EC, Euratom, for the purposes of applying that Decision ‘GNP’ shall mean GNI for the year at market prices as provided by the Commission in application of the ESA 95 in accordance with Council Regulation (EEC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community (4) In addition, Council Regulation (EC, Euratom) No 1287/2003 (5) lays down rules on the harmonisation of gross national income at market prices. |
| --- | --- |

(10)

According to Article 2(7) of Decision 2000/597/EC, Euratom, for the purposes of applying that Decision ‘GNP’ shall mean GNI for the year at market prices as provided by the Commission in application of the ESA 95 in accordance with Council Regulation (EEC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community (4) In addition, Council Regulation (EC, Euratom) No 1287/2003 (5) lays down rules on the harmonisation of gross national income at market prices.

| (11) | In accordance with Decision 2000/597/EC, Euratom, the Commission shall undertake, before 1 January 2006, a general review of the own resources system. New proposals made by the Commission on the basis of this review should give particular attention to Article 2(3), Article 4 and Article 5 of that Decision. |
| --- | --- |

(11)

In accordance with Decision 2000/597/EC, Euratom, the Commission shall undertake, before 1 January 2006, a general review of the own resources system. New proposals made by the Commission on the basis of this review should give particular attention to Article 2(3), Article 4 and Article 5 of that Decision.

| (12) | Regulation (EC, Euratom) 1150/2000 should therefore be amended accordingly (6), |
| --- | --- |

(12)

Regulation (EC, Euratom) 1150/2000 should therefore be amended accordingly (6),

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC, Euratom) No 1150/2000 is hereby amended as follows:

| 1. | in the title, Article 1, Article 2 and Article 5:






  (a) | the references to ‘Decision 94/728/EC, Euratom’ shall be replaced by ‘Decision 2000/597/EC, Euratom’; |
| --- | --- | --- |

1.

in the title, Article 1, Article 2 and Article 5:

(a)

the references to ‘Decision 94/728/EC, Euratom’ shall be replaced by ‘Decision 2000/597/EC, Euratom’;

| (b) | Iin Article 1, the new reference to ‘Decision 2000/597/EC, Euratom’ shall be accompanied by the following footnote: ‘(*) OJ L 130, 31.5.2000, p. 1.’; |
| --- | --- |

(b)

Iin Article 1, the new reference to ‘Decision 2000/597/EC, Euratom’ shall be accompanied by the following footnote: ‘(*) OJ L 130, 31.5.2000, p. 1.’;

| 2. | in Article 6:






  (a) | paragraph 3(c) shall be replaced by the following:






  ‘(c) | VAT resources and the additional resource, taking into account the effect on these resources of the correction granted to the United Kingdom for budgetary imbalances shall, however, be recorded in the accounts as specified in point (a) as follows:






  — | the twelfth referred to in Article 10(3) shall be recorded on the first working day of each month, |
| --- | --- | --- | --- | --- |

2.

in Article 6:

(a)

paragraph 3(c) shall be replaced by the following:

‘(c)

VAT resources and the additional resource, taking into account the effect on these resources of the correction granted to the United Kingdom for budgetary imbalances shall, however, be recorded in the accounts as specified in point (a) as follows:

—

the twelfth referred to in Article 10(3) shall be recorded on the first working day of each month,

| — | the balances referred to in Article 10(4) and (7) and the adjustments referred to in Article 10(6) and (8) shall be recorded annually, except for the particular adjustments referred to in the first indent of Article 10(6), which shall be recorded in the accounts on the first working day of the month following agreement between the Member State concerned and the Commission.’; |
| --- | --- |

—

the balances referred to in Article 10(4) and (7) and the adjustments referred to in Article 10(6) and (8) shall be recorded annually, except for the particular adjustments referred to in the first indent of Article 10(6), which shall be recorded in the accounts on the first working day of the month following agreement between the Member State concerned and the Commission.’;

| (b) | the following shall be added at the end of paragraph 4(b):
  ‘Together with the final quarterly statement for a given year, Member States shall forward an estimate of the total amount of entitlements contained in the separate account at 31 December of that year for which recovery has become unlikely.’; |
| --- | --- |

(b)

the following shall be added at the end of paragraph 4(b):

‘Together with the final quarterly statement for a given year, Member States shall forward an estimate of the total amount of entitlements contained in the separate account at 31 December of that year for which recovery has become unlikely.’;

| 3. | Article 7 shall be replaced by the following:
  ‘Article 7
  After 31 December of the third year following a given year, no further corrections shall be made to the sum of the monthly statements sent in by Member States under Article 6(4)(a) for the year in question, except on points notified before this date either by the Commission or by the Member State concerned.’; |
| --- | --- |

3.

Article 7 shall be replaced by the following:

‘Article 7

After 31 December of the third year following a given year, no further corrections shall be made to the sum of the monthly statements sent in by Member States under Article 6(4)(a) for the year in question, except on points notified before this date either by the Commission or by the Member State concerned.’;

| 4. | in Article 9:






  (a) | the following paragraph shall be inserted:
  ‘1a.   The Commission shall receive, from the Member States or the bodies appointed by them by any appropriate means, preferably electronic ones, as a general rule on the day on which they are entered, but within three working days at the latest, a statement of account showing the entry of the own resources.’; |
| --- | --- | --- |

4.

in Article 9:

(a)

the following paragraph shall be inserted:

‘1a.   The Commission shall receive, from the Member States or the bodies appointed by them by any appropriate means, preferably electronic ones, as a general rule on the day on which they are entered, but within three working days at the latest, a statement of account showing the entry of the own resources.’;

| (b) | paragraph 2 shall be replaced by the following:
  ‘2.   The amounts credited shall be accounted for in euro in accordance with the Financial Regulation (7) applicable to the general budget of the European Communities and its implementing rules. |
| --- | --- |

(b)

paragraph 2 shall be replaced by the following:

‘2.   The amounts credited shall be accounted for in euro in accordance with the Financial Regulation (7) applicable to the general budget of the European Communities and its implementing rules.

| 5. | in Article 10:






  (a) | the first subparagraph of paragraph 1 shall be replaced by the following:
  ‘1.   After deduction of collection costs in accordance with Article 2(3) and Article 10(2)(c) of Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities' own resources (8), entry of the own resources referred to in Article 2(1)(a) and (b) of that Decision shall be made at the latest on the first working day following the 19th day of the second month following the month during which the entitlement was established in accordance with Article 2 of this Regulation. |
| --- | --- | --- |

5.

in Article 10:

(a)

the first subparagraph of paragraph 1 shall be replaced by the following:

‘1.   After deduction of collection costs in accordance with Article 2(3) and Article 10(2)(c) of Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities' own resources (8), entry of the own resources referred to in Article 2(1)(a) and (b) of that Decision shall be made at the latest on the first working day following the 19th day of the second month following the month during which the entitlement was established in accordance with Article 2 of this Regulation.

| (b) | the first and second subparagraphs of paragraph 3 shall be replaced by the following:
  ‘3.   VAT resources and the additional resource, taking into account the effect on these resources of the correction granted to the United Kingdom for budgetary imbalances-excluding the reserve relating to loans and loan guarantees and to the reserve for emergency aid-shall be credited on the first working day of each month, the amounts being one-twelfth of the relevant totals in the budget, converted into national currencies at the rates of exchange of the last day of quotation of the calendar year preceding the budget year, as published in the Official Journal of the European Union, C Series.
  For the specific needs of paying EAGGF Guarantee Section expenditure, pursuant to Regulation (EEC) No 1765/92 and depending on the Community's cash position, Member States may be invited by the Commission to bring forward by one or two months in the first quarter of the financial year the entry of one-twelfth or a fraction of one-twelfth of the amounts in the budget for VAT resources and/or the additional resource, taking into account the effect on these resources of the correction granted to the United Kingdom for budgetary imbalances, but excluding own resources to cover the reserve for loan guarantees and the reserve for emergency aid.’; |
| --- | --- |

(b)

the first and second subparagraphs of paragraph 3 shall be replaced by the following:

‘3.   VAT resources and the additional resource, taking into account the effect on these resources of the correction granted to the United Kingdom for budgetary imbalances-excluding the reserve relating to loans and loan guarantees and to the reserve for emergency aid-shall be credited on the first working day of each month, the amounts being one-twelfth of the relevant totals in the budget, converted into national currencies at the rates of exchange of the last day of quotation of the calendar year preceding the budget year, as published in the Official Journal of the European Union, C Series.

For the specific needs of paying EAGGF Guarantee Section expenditure, pursuant to Regulation (EEC) No 1765/92 and depending on the Community's cash position, Member States may be invited by the Commission to bring forward by one or two months in the first quarter of the financial year the entry of one-twelfth or a fraction of one-twelfth of the amounts in the budget for VAT resources and/or the additional resource, taking into account the effect on these resources of the correction granted to the United Kingdom for budgetary imbalances, but excluding own resources to cover the reserve for loan guarantees and the reserve for emergency aid.’;

| (c) | the sixth subparagraph of paragraph 3 shall be replaced by the following:
  ‘The entry in respect of the EAGGF monetary reserve referred to in Article 6 of Decision 2000/597/EC, Euratom, the reserve relating to loans and loan guarantees and the emergency aid reserve created by Decision 94/729/EC (9), shall be made on the first working day of the month following the charging to the budget of the expenditure concerned and shall be limited to the said expenditure if charging is effected before the 16th day of the month. If such is not the case, the entry shall be made on the first working day of the second month after charging. |
| --- | --- |

(c)

the sixth subparagraph of paragraph 3 shall be replaced by the following:

‘The entry in respect of the EAGGF monetary reserve referred to in Article 6 of Decision 2000/597/EC, Euratom, the reserve relating to loans and loan guarantees and the emergency aid reserve created by Decision 94/729/EC (9), shall be made on the first working day of the month following the charging to the budget of the expenditure concerned and shall be limited to the said expenditure if charging is effected before the 16th day of the month. If such is not the case, the entry shall be made on the first working day of the second month after charging.

| (d) | in the seventh subparagraph of paragraph 3, the text ‘Article 6 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (13), hereafter named “Financial Regulation” shall be replaced by “Article 8 of the Financial Regulation”. |
| --- | --- |

(d)

in the seventh subparagraph of paragraph 3, the text ‘Article 6 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (13), hereafter named “Financial Regulation” shall be replaced by “Article 8 of the Financial Regulation”.

| (e) | the ninth, tenth, eleventh and twelfth subparagraphs of paragraph 3 shall be replaced by the following:
  ‘Any change in the uniform rate of VAT resources, in the rate of the additional resource, and in the correction granted to the United Kingdom for budgetary imbalances and in its financing referred to in Articles 4 and 5 of Decision 2000/597/EC, Euratom, shall require the final adoption of an amending budget and shall give rise to readjustments of the twelfths which have been entered since the beginning of the financial year.
  These readjustments shall be carried out when the first entry is made following the final adoption of the amending budget, if it is adopted before the 16th of the month. Otherwise they shall be carried out when the second entry following final adoption is made. By way of derogation from Article 8 of the Financial Regulation, these readjustments shall be entered in the accounts in respect of the financial year of the amending budget in question.
  Calculation of the twelfths for January of each financial year shall be based on the amounts provided for in the draft budget, referred to in Article 272(3) of the EC Treaty and Article 177(3) of the EAEC Treaty and converted into national currencies at the rates of exchange of the first day of quotation following 15 December of the calendar year preceding the budget year; the adjustment shall be made with the entry for the following month.
  If the budget has not been finally adopted before the beginning of the financial year, the Member States shall enter on the first working day of each month, including January, one-twelfth of the amount of VAT resources, and the additional resource taking into account the effect on these resources of the correction granted to the United Kingdom for budgetary imbalances, entered in the last budget finally adopted; the adjustment shall be made on the first due date following final adoption of the budget if it is adopted before the 16th of the month. Otherwise, the adjustment shall be made on the second due date following final adoption of the budget.’; |
| --- | --- |

(e)

the ninth, tenth, eleventh and twelfth subparagraphs of paragraph 3 shall be replaced by the following:

‘Any change in the uniform rate of VAT resources, in the rate of the additional resource, and in the correction granted to the United Kingdom for budgetary imbalances and in its financing referred to in Articles 4 and 5 of Decision 2000/597/EC, Euratom, shall require the final adoption of an amending budget and shall give rise to readjustments of the twelfths which have been entered since the beginning of the financial year.

These readjustments shall be carried out when the first entry is made following the final adoption of the amending budget, if it is adopted before the 16th of the month. Otherwise they shall be carried out when the second entry following final adoption is made. By way of derogation from Article 8 of the Financial Regulation, these readjustments shall be entered in the accounts in respect of the financial year of the amending budget in question.

Calculation of the twelfths for January of each financial year shall be based on the amounts provided for in the draft budget, referred to in Article 272(3) of the EC Treaty and Article 177(3) of the EAEC Treaty and converted into national currencies at the rates of exchange of the first day of quotation following 15 December of the calendar year preceding the budget year; the adjustment shall be made with the entry for the following month.

If the budget has not been finally adopted before the beginning of the financial year, the Member States shall enter on the first working day of each month, including January, one-twelfth of the amount of VAT resources, and the additional resource taking into account the effect on these resources of the correction granted to the United Kingdom for budgetary imbalances, entered in the last budget finally adopted; the adjustment shall be made on the first due date following final adoption of the budget if it is adopted before the 16th of the month. Otherwise, the adjustment shall be made on the second due date following final adoption of the budget.’;

| (f) | paragraph 4 shall be replaced by the following:
  ‘4.   Each Member State shall, on the basis of the annual statement on the VAT resources base provided for in Article 7(1) of Regulation (EEC, Euratom) No 1553/89, be debited with an amount calculated from the information contained in the said statement by applying the uniform rate adopted for the previous financial year and credited with the 12 payments made during that financial year. However each Member State's VAT resources base to which the above rate is applied may not exceed the percentage determined by Article 2(1) of Decision 2000/597/EC, Euratom of its GNP, as referred to in the first sentence of paragraph 7 of this Article. The Commission shall work out the balance and shall inform the Member States in time for them to enter it in the account referred to in Article 9(1) of this Regulation on the first working day of December of the same year.’; |
| --- | --- |

(f)

paragraph 4 shall be replaced by the following:

‘4.   Each Member State shall, on the basis of the annual statement on the VAT resources base provided for in Article 7(1) of Regulation (EEC, Euratom) No 1553/89, be debited with an amount calculated from the information contained in the said statement by applying the uniform rate adopted for the previous financial year and credited with the 12 payments made during that financial year. However each Member State's VAT resources base to which the above rate is applied may not exceed the percentage determined by Article 2(1) of Decision 2000/597/EC, Euratom of its GNP, as referred to in the first sentence of paragraph 7 of this Article. The Commission shall work out the balance and shall inform the Member States in time for them to enter it in the account referred to in Article 9(1) of this Regulation on the first working day of December of the same year.’;

| (g) | paragraph 5 shall be deleted. |
| --- | --- |

(g)

paragraph 5 shall be deleted.

| (h) | The first subparagraph of paragraph 6 shall be replaced by the following:
  ‘6.   Any corrections to the VAT resources base under Article 9(1) of Regulation (EEC, Euratom) No 1553/89 shall give rise for each Member State concerned whose base, allowing for these corrections, does not exceed the percentages determined by Articles 2(1)(c) and 10(2)(b) of Decision 2000/597/EC, Euratom...’ (remainder unchanged); |
| --- | --- |

(h)

The first subparagraph of paragraph 6 shall be replaced by the following:

‘6.   Any corrections to the VAT resources base under Article 9(1) of Regulation (EEC, Euratom) No 1553/89 shall give rise for each Member State concerned whose base, allowing for these corrections, does not exceed the percentages determined by Articles 2(1)(c) and 10(2)(b) of Decision 2000/597/EC, Euratom...’ (remainder unchanged);

| (i) | the first sentence of the second subparagraph of paragraph 6 shall be replaced by the following:
  ‘The changes to GNP referred to in paragraph 8 of this Article shall also give rise to an adjustment of the balance of any Member State whose base, allowing for those corrections, is capped at the percentages determined by Articles 2(1)(c) and 10(2)(b) of Decision 2000/597/EC, Euratom.’; |
| --- | --- |

(i)

the first sentence of the second subparagraph of paragraph 6 shall be replaced by the following:

‘The changes to GNP referred to in paragraph 8 of this Article shall also give rise to an adjustment of the balance of any Member State whose base, allowing for those corrections, is capped at the percentages determined by Articles 2(1)(c) and 10(2)(b) of Decision 2000/597/EC, Euratom.’;

| (j) | the following paragraph shall be added:
  ‘10.   In conformity with Article 2(7) of Decision 2000/597/EC, Euratom, for the purposes of applying that Decision, “GNP” shall mean GNI for the year at market prices as defined by Regulation (EC, Euratom) No 1287/2003 of 15 July 2003 on the harmonisation of gross national income at market prices (10). |
| --- | --- |

(j)

the following paragraph shall be added:

‘10.   In conformity with Article 2(7) of Decision 2000/597/EC, Euratom, for the purposes of applying that Decision, “GNP” shall mean GNI for the year at market prices as defined by Regulation (EC, Euratom) No 1287/2003 of 15 July 2003 on the harmonisation of gross national income at market prices (10).

| 6. | the following Article shall be inserted:
  ‘Article 10a
  1.   Where, pursuant to the Amsterdam Treaty and its Protocols 4 and 5, a Member State does not take part in the financing of a specific Union action or policy, it shall be entitled to an adjustment, calculated in accordance with paragraph 2, of the amount it has paid in own resources in respect of each year in which it has not taken part. This adjustment shall be made only once and it shall be final in the event of subsequent modification of the GNP figure.
  2.   The Commission shall calculate the adjustment during the year following the financial year concerned, at the same time as it determines the GNP balances provided for in Article 10 of this Regulation.
  The calculation shall be made on the basis of the figures relating to the financial year in question:






  — | aggregate GNP at market prices and its components, |
| --- | --- | --- |

6.

the following Article shall be inserted:

‘Article 10a

1.   Where, pursuant to the Amsterdam Treaty and its Protocols 4 and 5, a Member State does not take part in the financing of a specific Union action or policy, it shall be entitled to an adjustment, calculated in accordance with paragraph 2, of the amount it has paid in own resources in respect of each year in which it has not taken part. This adjustment shall be made only once and it shall be final in the event of subsequent modification of the GNP figure.

2.   The Commission shall calculate the adjustment during the year following the financial year concerned, at the same time as it determines the GNP balances provided for in Article 10 of this Regulation.

The calculation shall be made on the basis of the figures relating to the financial year in question:

—

aggregate GNP at market prices and its components,

| — | the budgetary outturn of operational expenditure corresponding to the measure or policy in question. |
| --- | --- |

—

the budgetary outturn of operational expenditure corresponding to the measure or policy in question.

The adjustment shall be equal to the product of multiplying the total amount of the expenditure in question, with the exception of that financed by participating third countries, by the percentage that the GNP of the Member State entitled to the adjustment represents of the GNP of all Member States. The adjustment shall be financed by the participating Member States according to a scale determined by dividing their respective GNP by the GNP of all the participating Member States. For the purposes of calculating the adjustment, amounts shall be converted between the national currency and the euro at the exchange rate on the last day of quotation of the calendar year preceding the budget year concerned.

There shall be no subsequent revision of this adjustment in the event of subsequent modification of the GNP figure.

3.   The Commission shall inform the Member States in good time of the amount of the adjustment so that they can credit it to the account referred to in Article 9(1) of this Regulation on the first working day of December.’;

| 7. | Article 11 shall be replaced by the following:
  ‘Article 11
  1.   Any delay in making the entry in the account referred to in Article 9(1) shall give rise to the payment of interest by the Member State concerned.
  2.   In the case of Member States belonging to the Economic and Monetary Union, the interest rate shall be equal to the rate as published in the Official Journal of the European Union, C series which the European Central Bank applied to its refinancing operations, on the first day of the month in which the due date fell, increased by two percentage points.
  This rate shall be increased by 0,25 of a percentage point for each month of delay. The increased rate shall be applied to the entire period of delay.
  3.   In the case of Member States not belonging to the Economic and Monetary Union, the rate shall be equal to the rate applied on the first day of the month in question by the Central Banks for their main refinancing operations, increased by two percentage points, or, for the Member States for which the Central Bank rate is not available, the most equivalent rate applied on the first day of the month in question on the Member State's money market, increased by two percentage points. This rate shall be increased by 0,25 of a percentage point for each month of delay. The increased rate shall be applied to the entire period of delay.
  4.   For the payment of interest, referred to in paragraph 1, Article 9(2) and (3) shall apply mutatis mutandis.’ |
| --- | --- |

7.

Article 11 shall be replaced by the following:

‘Article 11

1.   Any delay in making the entry in the account referred to in Article 9(1) shall give rise to the payment of interest by the Member State concerned.

2.   In the case of Member States belonging to the Economic and Monetary Union, the interest rate shall be equal to the rate as published in the Official Journal of the European Union, C series which the European Central Bank applied to its refinancing operations, on the first day of the month in which the due date fell, increased by two percentage points.

This rate shall be increased by 0,25 of a percentage point for each month of delay. The increased rate shall be applied to the entire period of delay.

3.   In the case of Member States not belonging to the Economic and Monetary Union, the rate shall be equal to the rate applied on the first day of the month in question by the Central Banks for their main refinancing operations, increased by two percentage points, or, for the Member States for which the Central Bank rate is not available, the most equivalent rate applied on the first day of the month in question on the Member State's money market, increased by two percentage points. This rate shall be increased by 0,25 of a percentage point for each month of delay. The increased rate shall be applied to the entire period of delay.

4.   For the payment of interest, referred to in paragraph 1, Article 9(2) and (3) shall apply mutatis mutandis.’

| 8. | Article 12(5) shall be replaced by the following:
  ‘5.   The Member States, or the body designated by them in accordance with Article 9(1), shall execute the Commission's payment orders as quickly as possible, and within not more than five working days of receipt, and shall send the Commission a statement of account by any appropriate means, preferably electronic ones, within not more than three working days of completing each transaction. However, in the case of cash movement transaction, the Member States shall execute the orders within the period requested by the Commission.’; |
| --- | --- |

8.

Article 12(5) shall be replaced by the following:

‘5.   The Member States, or the body designated by them in accordance with Article 9(1), shall execute the Commission's payment orders as quickly as possible, and within not more than five working days of receipt, and shall send the Commission a statement of account by any appropriate means, preferably electronic ones, within not more than three working days of completing each transaction. However, in the case of cash movement transaction, the Member States shall execute the orders within the period requested by the Commission.’;

| 9. | Title V shall be deleted. |
| --- | --- |

9.

Title V shall be deleted.

| 10. | the heading of Title VI shall be replaced by the following:
   
  ‘Procedure for the application of Article 7 of Decision 2000/597/EC, Euratom’; |
| --- | --- |

10.

the heading of Title VI shall be replaced by the following:

‘Procedure for the application of Article 7 of Decision 2000/597/EC, Euratom’;

| 11. | Article 15 shall be replaced by the following:
  ‘Article 15
  For the purpose of applying Article 7 of Decision 2000/597/EC, Euratom, the balance of a given financial year shall consist of the difference between:






  — | all the revenue collected in respect of that financial year,
  and |
| --- | --- | --- |

11.

Article 15 shall be replaced by the following:

‘Article 15

For the purpose of applying Article 7 of Decision 2000/597/EC, Euratom, the balance of a given financial year shall consist of the difference between:

—

all the revenue collected in respect of that financial year,

and

| — | the amount of payments made against appropriations for that financial year increased by the amount of the appropriations for the same financial year carried over pursuant to Article 9 of the Financial Regulation. This difference shall be increased or decreased on the one hand, by the net amount of appropriations carried over from previous financial years which have been cancelled and on the other hand, by way of derogation from Article 5(1) of the Financial Regulation, by:






  — | payments made in excess of non-differentiated appropriations carried over from the previous financial year under Article 9(1) and (4) of the Financial Regulation as a result of change in euro rates,
  and |
| --- | --- | --- |

—

the amount of payments made against appropriations for that financial year increased by the amount of the appropriations for the same financial year carried over pursuant to Article 9 of the Financial Regulation. This difference shall be increased or decreased on the one hand, by the net amount of appropriations carried over from previous financial years which have been cancelled and on the other hand, by way of derogation from Article 5(1) of the Financial Regulation, by:

—

payments made in excess of non-differentiated appropriations carried over from the previous financial year under Article 9(1) and (4) of the Financial Regulation as a result of change in euro rates,

and

| — | the balance resulting from exchange gains and losses during the financial year.’; |
| --- | --- |

—

the balance resulting from exchange gains and losses during the financial year.’;

| 12. | in Article 16:
  the second subparagraph shall be replaced by the following:
  ‘2.   Any appreciable differences in relation to original estimates may give rise to a letter of amendment to the preliminary draft budget for the following financial year or an amending budget for the current financial year’; |
| --- | --- |

12.

in Article 16:

the second subparagraph shall be replaced by the following:

‘2.   Any appreciable differences in relation to original estimates may give rise to a letter of amendment to the preliminary draft budget for the following financial year or an amending budget for the current financial year’;

| 13. | in Article 17:






  (a) | Paragraph 2 shall be replaced by the following:
  ‘2.   Member States shall be released from the obligation to place at the disposal of the Commission the amounts corresponding to established entitlements which prove irrecoverable either:






  (a) | for reasons of force majeure; or |
| --- | --- | --- | --- |

13.

in Article 17:

(a)

Paragraph 2 shall be replaced by the following:

‘2.   Member States shall be released from the obligation to place at the disposal of the Commission the amounts corresponding to established entitlements which prove irrecoverable either:

(a)

for reasons of force majeure; or

| (b) | for other reasons which cannot be attributed to them. |
| --- | --- |

(b)

for other reasons which cannot be attributed to them.

Amounts of established entitlements shall be declared irrecoverable by a decision of the competent administrative authority finding that they cannot be recovered.

Amounts of established entitlements shall be deemed irrecoverable, at the latest, after a period of five years from the date on which the amount has been established in accordance with Article 2 or, in the event of an administrative or judicial appeal, the final decision has been given, notified or published.

If part payment or payments have been received, the period of five years at maximum shall start from the date of the last payment made, where this does not clear the debt.

Amounts declared or deemed irrecoverable shall be definitively removed from the separate account referred to in Article 6(3)(b). They shall be shown in an annex to the quarterly statement referred to in Article 6(4)(b) and where applicable, in the quarterly statement referred to in Article 6(5).’;

| (b) | the following paragraphs shall be inserted:
  ‘3.   Within three months of the administrative decision mentioned in paragraph 2 or in accordance with the time limits referred to in that paragraph, Member States shall provide the Commission with information on those cases where paragraph 2 has been applied provided the established entitlements involved exceed EUR 50 000.
  This timeframe may be extended by up to three years by Member States for cases of established entitlements, which have been declared irrecoverable or deemed irrecoverable prior to 1 July 2006.
  This report, which shall be made on a form to be produced by the Commission after consulting the committee referred to in Article 20, shall include all the facts necessary for a full examination of the reasons referred to in paragraph 2(a) and (b), which prevented the Member State concerned from making available the amounts in question, and the recovery measures the Member State took in the case or cases in question.
  4.   The Commission has six months from the receipt of the report provided for in paragraph 3 to forward its comments to the Member State concerned.
  Where the Commission finds it necessary to request additional information, the six month time-limit shall run from the date of receipt of the requested supplementary information.’; |
| --- | --- |

(b)

the following paragraphs shall be inserted:

‘3.   Within three months of the administrative decision mentioned in paragraph 2 or in accordance with the time limits referred to in that paragraph, Member States shall provide the Commission with information on those cases where paragraph 2 has been applied provided the established entitlements involved exceed EUR 50 000.

This timeframe may be extended by up to three years by Member States for cases of established entitlements, which have been declared irrecoverable or deemed irrecoverable prior to 1 July 2006.

This report, which shall be made on a form to be produced by the Commission after consulting the committee referred to in Article 20, shall include all the facts necessary for a full examination of the reasons referred to in paragraph 2(a) and (b), which prevented the Member State concerned from making available the amounts in question, and the recovery measures the Member State took in the case or cases in question.

4.   The Commission has six months from the receipt of the report provided for in paragraph 3 to forward its comments to the Member State concerned.

Where the Commission finds it necessary to request additional information, the six month time-limit shall run from the date of receipt of the requested supplementary information.’;

| (c) | current paragraph 3 becomes paragraph 5 and reads as follows:
  ‘5.   Member States shall inform the Commission, by means of annual reports, of the details and results of their inspections and of the overall data and questions of principle concerning the most important problems arising out of the application of this Regulation and, in particular, matters in dispute. The reports shall be sent to the Commission by 1 March of the year following the financial year in question. The summary report on the notifications by Member States under this Article shall be contained in the Commission report referred to in Article 280(5) of the Treaty. A report and duly substantiated amendments thereto shall be drawn up by the Commission after consulting the committee referred to in Article 20. Any appropriate time limits for implementation shall be provided for.’; |
| --- | --- |

(c)

current paragraph 3 becomes paragraph 5 and reads as follows:

‘5.   Member States shall inform the Commission, by means of annual reports, of the details and results of their inspections and of the overall data and questions of principle concerning the most important problems arising out of the application of this Regulation and, in particular, matters in dispute. The reports shall be sent to the Commission by 1 March of the year following the financial year in question. The summary report on the notifications by Member States under this Article shall be contained in the Commission report referred to in Article 280(5) of the Treaty. A report and duly substantiated amendments thereto shall be drawn up by the Commission after consulting the committee referred to in Article 20. Any appropriate time limits for implementation shall be provided for.’;

| 14. | in Article 18(1), the reference to ‘Decision 94/728/EC, Euratom’ shall be replaced by ‘Decision 2000/597/EC, Euratom’; |
| --- | --- |

14.

in Article 18(1), the reference to ‘Decision 94/728/EC, Euratom’ shall be replaced by ‘Decision 2000/597/EC, Euratom’;

| 15. | in Article 21, paragraph 1(c) shall be replaced by the following:






  ‘(c) | the inspection measures and controls laid down in Article 18(2) and (3).’; |
| --- | --- | --- |

15.

in Article 21, paragraph 1(c) shall be replaced by the following:

‘(c)

the inspection measures and controls laid down in Article 18(2) and (3).’;

| 16. | the following Title IX shall be inserted:
  ‘TITLE IX
  Transitional provisions
  Article 21a
  The rate provided for in Article 11 of this Regulation shall continue to apply for the calculation of interest for late payment where the due date falls before the end of the month in which Council Regulation (EC) 2028/2004 of 16 November 2004 amending Regulation (EC, Euratom) No 1150/2000 implementing Decision 94/728/EC, Euratom on the system of the Communities' own resources (11) enters into force. |
| --- | --- |

16.

the following Title IX shall be inserted:

‘TITLE IX

Transitional provisions

Article 21a

The rate provided for in Article 11 of this Regulation shall continue to apply for the calculation of interest for late payment where the due date falls before the end of the month in which Council Regulation (EC) 2028/2004 of 16 November 2004 amending Regulation (EC, Euratom) No 1150/2000 implementing Decision 94/728/EC, Euratom on the system of the Communities' own resources (11) enters into force.

| 17. | the current Title IX becomes Title X. |
| --- | --- |

17.

the current Title IX becomes Title X.

Article 2

The other provisions of Regulation (EC, Euratom) No 1150/2000 shall remain in force in so far as they are not specifically amended by this Regulation.

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 November 2004.

For the Council

The President

G. ZALM

---

(1)  OJ L 253, 7.10.2000, p. 42.

1

(2)  Opinion delivered on 26 February 2004 (not yet published in the Official Journal).

2

(3)  OJ C 318, 30.12.2003, p. 1.

3

(4)  OJ L 310, 30.11.1996, p. 1. Regulation as last amended by Regulation (EC) No 1267/2003 of the European Parliament and of the Council (OJ L 180, 18.7.2003, p. 1).

4

(5)  OJ L 181, 19.7.2003, p. 1.

5

(6)  OJ L 130, 31.5.2000, p. 1.

6

(7)  Council Regulation (EC, Euratom) No 1605/2002 of the Council of 25 June 2002 relating to the Financial Regulation applicable to the general budget of the European Communities (OJ L 248, 16.9.2002, p. 1).’;

7

(8)  OJ L 253, 7.10.2000, p. 42.’;

8

(9)  Decision repealed and replaced by Regulation (EC) No 2040/2000 (OJ L 244, 29.9.2000, p. 27).’;

9

(10)  OJ L 181, 19.7.2003, p. 1.’;

10

(11)  OJ L 352 of 27.11.2004, p. 1.’;

11

---

| 27.11.2004 | EN | Official Journal of the European Union | L 352/8 |
| --- | --- | --- | --- |

27.11.2004

EN

Official Journal of the European Union

L 352/8

---

COMMISSION REGULATION (EC) No 2029/2004

of 26 November 2004

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

| (1) | Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 27 November 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 November 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

1

---

ANNEX

to Commission Regulation of 26 November 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 79,5 |
| 070 | 81,3 |
| 204 | 102,1 |
| 999 | 87,6 |
| 0707 00 05 | 052 | 97,5 |
| 204 | 32,5 |
| 999 | 65,0 |
| 0709 90 70 | 052 | 91,0 |
| 204 | 69,6 |
| 999 | 80,3 |
| 0805 20 10 | 052 | 59,1 |
| 204 | 49,4 |
| 999 | 54,3 |
| 0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 | 052 | 72,8 |
| 624 | 96,7 |
| 999 | 84,8 |
| 0805 50 10 | 052 | 48,8 |
| 388 | 41,4 |
| 528 | 25,5 |
| 999 | 38,6 |
| 0808 10 20, 0808 10 50, 0808 10 90 | 052 | 90,5 |
| 388 | 139,3 |
| 400 | 81,2 |
| 404 | 82,3 |
| 720 | 66,0 |
| 800 | 194,0 |
| 999 | 108,9 |
| 0808 20 50 | 052 | 120,9 |
| 400 | 96,5 |
| 720 | 50,8 |
| 999 | 89,4 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

79,5

070

81,3

204

102,1

999

87,6

0707 00 05

052

97,5

204

32,5

999

65,0

0709 90 70

052

91,0

204

69,6

999

80,3

0805 20 10

052

59,1

204

49,4

999

54,3

0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90

052

72,8

624

96,7

999

84,8

0805 50 10

052

48,8

388

41,4

528

25,5

999

38,6

0808 10 20, 0808 10 50, 0808 10 90

052

90,5

388

139,3

400

81,2

404

82,3

720

66,0

800

194,0

999

108,9

0808 20 50

052

120,9

400

96,5

720

50,8

999

89,4

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). Code ‘999’ stands for ‘of other origin’.

---

II Acts whose publication is not obligatory

Commission

| 27.11.2004 | EN | Official Journal of the European Union | L 352/10 |
| --- | --- | --- | --- |

27.11.2004

EN

Official Journal of the European Union

L 352/10

---

COMMISSION DECISION

of 30 March 2004

on the State aid scheme put into effect by Italy providing for urgent measures to assist employment

(notified under document number C(2004) 930)

(Only the Italian version is authentic)

(Text with EEA relevance)

(2004/800/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,

Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,

Having called on interested parties to submit their comments pursuant to the provisions cited above (1),

Whereas:

1.   PROCEDURE

| (1) | By letter dated 12 February 2003 (recorded as incoming mail under number A/31217 on 14 February 2003), the Italian authorities notified, pursuant to Article 88(3) of the EC Treaty, an aid scheme providing for urgent measures to assist employment. The measure was put into effect before the Commission had given its approval, and it was therefore registered as an unlawful aid measure under the number NN 7/03. |
| --- | --- |

(1)

By letter dated 12 February 2003 (recorded as incoming mail under number A/31217 on 14 February 2003), the Italian authorities notified, pursuant to Article 88(3) of the EC Treaty, an aid scheme providing for urgent measures to assist employment. The measure was put into effect before the Commission had given its approval, and it was therefore registered as an unlawful aid measure under the number NN 7/03.

| (2) | By letter dated 12 March 2003 the Commission asked for further information. After a request for an extension of the deadline had been accepted by the Commission, Italy submitted additional information by letter dated 20 May 2003. |
| --- | --- |

(2)

By letter dated 12 March 2003 the Commission asked for further information. After a request for an extension of the deadline had been accepted by the Commission, Italy submitted additional information by letter dated 20 May 2003.

| (3) | By letter dated 16 October 2003, the Commission informed Italy that it had decided to initiate the procedure laid down in Article 88(2) of the Treaty in respect of the scheme. The Commission decision to initiate the procedure was published in the Official Journal of the European Union
   (2). The Commission invited other interested parties to submit their comments on the measure. No such comments were received. |
| --- | --- |

(3)

By letter dated 16 October 2003, the Commission informed Italy that it had decided to initiate the procedure laid down in Article 88(2) of the Treaty in respect of the scheme. The Commission decision to initiate the procedure was published in the Official Journal of the European Union
   (2). The Commission invited other interested parties to submit their comments on the measure. No such comments were received.

| (4) | Italy submitted comments by letter dated 22 December 2003. The Commission asked for further information by letter dated 19 January 2004, to which Italy replied by letter of 11 February 2004. |
| --- | --- |

(4)

Italy submitted comments by letter dated 22 December 2003. The Commission asked for further information by letter dated 19 January 2004, to which Italy replied by letter of 11 February 2004.

2.   DESCRIPTION OF THE AID

| (5) | The aim of the scheme is to safeguard jobs in firms in financial difficulty which are in a form of insolvency proceeding known as ‘special administration’ (amministrazione straordinaria) and which have more than 1 000 employees. |
| --- | --- |

(5)

The aim of the scheme is to safeguard jobs in firms in financial difficulty which are in a form of insolvency proceeding known as ‘special administration’ (amministrazione straordinaria) and which have more than 1 000 employees.

| (6) | The legal basis of the scheme is Decree-law No 23 of 14 February 2003, which was converted into statute by Act No 81 of 17 April 2003. |
| --- | --- |

(6)

The legal basis of the scheme is Decree-law No 23 of 14 February 2003, which was converted into statute by Act No 81 of 17 April 2003.

| (7) | The aid is granted to purchasers of firms that have the required characteristics (firms in financial difficulty, in special administration, and having at least 1 000 employees). |
| --- | --- |

(7)

The aid is granted to purchasers of firms that have the required characteristics (firms in financial difficulty, in special administration, and having at least 1 000 employees).

| (8) | The purchaser of such a firm qualifies for aid in respect of the staff of the firm whom the purchaser agrees to employ, up to a ceiling of 550 employees. For each transferred employee the purchaser receives:






  — | a monthly grant equal to 50 % of the special indemnity to which the worker would be entitled if laid off under the laid-off workers’ mobility scheme (collocamento in mobilità), |
| --- | --- | --- |

(8)

The purchaser of such a firm qualifies for aid in respect of the staff of the firm whom the purchaser agrees to employ, up to a ceiling of 550 employees. For each transferred employee the purchaser receives:

—

a monthly grant equal to 50 % of the special indemnity to which the worker would be entitled if laid off under the laid-off workers’ mobility scheme (collocamento in mobilità),

| — | a reduction in employer’s social security contributions for the first 18 months, the rate of contribution charged being that for trainees. |
| --- | --- |

—

a reduction in employer’s social security contributions for the first 18 months, the rate of contribution charged being that for trainees.

These are the benefits granted under another Act, Act No 223/1991, to employers who take on workers registered under the laid-off workers’ mobility scheme, i.e. workers whose employment has ended by reason of a structural crisis and who satisfy stated requirements.

Under the aid scheme notified, the same benefits are granted, up to a ceiling of 550 employees, to purchasers who agree to employ staff of the existing firm; these would not qualify for the laid off workers’ mobility scheme.

The benefits are granted in respect of a maximum of 550 employees transferred provided two conditions are met: (i) the transfer of employees must be provided for in a collective agreement concluded with the Ministry of Labour by 30 April 2003, and (ii) the purchaser and the firm purchased cannot have the same ownership, and there must be no relationship of control or association between them.

| (9) | The scheme is applicable to transactions involving a transfer of employees approved by means of a collective agreement concluded with the Ministry of Labour by 30 April 2003. The budget for the year 2003 amounted to EUR 9,5 million. |
| --- | --- |

(9)

The scheme is applicable to transactions involving a transfer of employees approved by means of a collective agreement concluded with the Ministry of Labour by 30 April 2003. The budget for the year 2003 amounted to EUR 9,5 million.

3.   GROUNDS FOR INITIATING THE PROCEDURE

| (10) | In the decision to initiate the formal investigation procedure pursuant to Article 88(2), the Commission took the view that the measure constituted State aid within the scope of Article 87(1). The measure was therefore caught by the general ban on State aid, and could be considered compatible with the common market only if it qualified for one of the exemptions laid down in the Treaty. |
| --- | --- |

(10)

In the decision to initiate the formal investigation procedure pursuant to Article 88(2), the Commission took the view that the measure constituted State aid within the scope of Article 87(1). The measure was therefore caught by the general ban on State aid, and could be considered compatible with the common market only if it qualified for one of the exemptions laid down in the Treaty.

| (11) | Given that the measure aimed to safeguard jobs, and involved the purchase of firms in difficulty, the Commission considered whether the aid might be held compatible under the Community guidelines on State aid for rescuing and restructuring firms in difficulty (the rescue and restructuring guidelines) (3), or under Commission Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment (4) (the Employment Aid Regulation), or, finally, under the guidelines on national regional aid (5). The Commission expressed doubts as to the compatibility of the measure with the common market under any of these rules. |
| --- | --- |

(11)

Given that the measure aimed to safeguard jobs, and involved the purchase of firms in difficulty, the Commission considered whether the aid might be held compatible under the Community guidelines on State aid for rescuing and restructuring firms in difficulty (the rescue and restructuring guidelines) (3), or under Commission Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment (4) (the Employment Aid Regulation), or, finally, under the guidelines on national regional aid (5). The Commission expressed doubts as to the compatibility of the measure with the common market under any of these rules.

| (12) | The Commission doubted whether the measure constituted a scheme of assistance to a general class of recipients; in view of its short duration it appeared rather to be aimed at very specific recipients (the legislation was adopted on 14 February 2003, and the deadline for the purchase of the firm and ministerial approval of the transfer of employees was 30 April 2003). |
| --- | --- |

(12)

The Commission doubted whether the measure constituted a scheme of assistance to a general class of recipients; in view of its short duration it appeared rather to be aimed at very specific recipients (the legislation was adopted on 14 February 2003, and the deadline for the purchase of the firm and ministerial approval of the transfer of employees was 30 April 2003).

| (13) | The Commission said that if Italy considered that the notification of the scheme was in fact an individual notification of restructuring aid to a single firm in difficulty, then the measure would have to be notified as such. It would then be necessary to clarify whether the firm in financial difficulty was the effective recipient of the aid. Such a notification would have to be accompanied by a restructuring plan intended to restore the firm to viability, and would have to satisfy all the conditions laid down in the rescue and restructuring guidelines. |
| --- | --- |

(13)

The Commission said that if Italy considered that the notification of the scheme was in fact an individual notification of restructuring aid to a single firm in difficulty, then the measure would have to be notified as such. It would then be necessary to clarify whether the firm in financial difficulty was the effective recipient of the aid. Such a notification would have to be accompanied by a restructuring plan intended to restore the firm to viability, and would have to satisfy all the conditions laid down in the rescue and restructuring guidelines.

4.   COMMENTS SUBMITTED BY ITALY

| (14) | Italy submitted comments by letter dated 22 December 2003. The Italian authorities stated that during the lifetime of the scheme only one firm had been sold in accordance with the mechanisms it laid down: this was Ocean SpA, located in Verolanuova, Brescia, which was bought by Brandt Italia SpA. According to the Italian authorities Brandt Italia acquired Ocean at a market price and did not receive any direct economic advantage under the scheme. |
| --- | --- |

(14)

Italy submitted comments by letter dated 22 December 2003. The Italian authorities stated that during the lifetime of the scheme only one firm had been sold in accordance with the mechanisms it laid down: this was Ocean SpA, located in Verolanuova, Brescia, which was bought by Brandt Italia SpA. According to the Italian authorities Brandt Italia acquired Ocean at a market price and did not receive any direct economic advantage under the scheme.

| (15) | The Italian authorities also stated:






  — | that the measure under examination was not one that applied in specific areas or to specific recipients, |
| --- | --- | --- |

(15)

The Italian authorities also stated:

—

that the measure under examination was not one that applied in specific areas or to specific recipients,

| — | that if the Commission did not consider it a general measure, it should conclude that it did not affect competition, as it was aimed at restoring the productive activity of firms in difficulty and safeguarding the jobs involved, |
| --- | --- |

—

that if the Commission did not consider it a general measure, it should conclude that it did not affect competition, as it was aimed at restoring the productive activity of firms in difficulty and safeguarding the jobs involved,

| — | that the scheme complied with the rescue and restructuring guidelines, as it did not increase production capacity but aimed to restore viability and safeguard jobs. |
| --- | --- |

—

that the scheme complied with the rescue and restructuring guidelines, as it did not increase production capacity but aimed to restore viability and safeguard jobs.

| (16) | By letter dated 11 February 2004, Italy indicated that the amount of aid awarded to Brandt Italia under the scheme was, at that date, EUR 3 197 982,20 and that the granting of aid had begun in March 2003. |
| --- | --- |

(16)

By letter dated 11 February 2004, Italy indicated that the amount of aid awarded to Brandt Italia under the scheme was, at that date, EUR 3 197 982,20 and that the granting of aid had begun in March 2003.

5.   ASSESSMENT OF THE AID

5.1.   Existence of aid

| (17) | In order to assess whether the measure constitutes aid within the scope of Article 87(1) of the Treaty, it is necessary to determine whether it favours certain undertakings, whether it is granted through State resources, whether it distorts competition, and whether it may affect trade between Member States. |
| --- | --- |

(17)

In order to assess whether the measure constitutes aid within the scope of Article 87(1) of the Treaty, it is necessary to determine whether it favours certain undertakings, whether it is granted through State resources, whether it distorts competition, and whether it may affect trade between Member States.

| (18) | The first condition for the application of Article 87(1) is that the measure must favour certain undertakings. It is therefore necessary to verify whether the measure confers an economic advantage on recipients that they would not enjoy in normal market conditions, or whether it relieves them of charges that are normally borne from their budgets, and whether such an advantage is granted to specific undertakings.
  The scheme under examination provides for grants and social security reductions to purchasers of firms in financial difficulty that are in special administration and have at least 1 000 employees. It therefore confers an economic advantage on the purchaser, who receives a non-repayable grant for every employee transferred, and is relieved of part of the social security contributions ordinarily payable by the employer for 18 months.
  The Commission takes the view that the measure may comprise an economic advantage to the firm in special administration as well. Who is the effective recipient of the aid will depend on a number of factors which have not been clarified by the Italian authorities: whether the firm in financial difficulty is a going concern, whether the sale is an asset or a share deal, whether the purchaser is clearly separate from the firm in financial difficulty, how the selling price is determined, etc.
  The Commission considers that the scheme confers an economic advantage on a specific category of recipients, namely:






  — | the purchaser of a firm, where the firm is in financial difficulty, is in special administration, and has at least 1 000 employees, and the purchaser concluded a collective agreement approving the transfer of employees with the Ministry of Labour by 30 April 2003, and/or |
| --- | --- | --- |

(18)

The first condition for the application of Article 87(1) is that the measure must favour certain undertakings. It is therefore necessary to verify whether the measure confers an economic advantage on recipients that they would not enjoy in normal market conditions, or whether it relieves them of charges that are normally borne from their budgets, and whether such an advantage is granted to specific undertakings.

The scheme under examination provides for grants and social security reductions to purchasers of firms in financial difficulty that are in special administration and have at least 1 000 employees. It therefore confers an economic advantage on the purchaser, who receives a non-repayable grant for every employee transferred, and is relieved of part of the social security contributions ordinarily payable by the employer for 18 months.

The Commission takes the view that the measure may comprise an economic advantage to the firm in special administration as well. Who is the effective recipient of the aid will depend on a number of factors which have not been clarified by the Italian authorities: whether the firm in financial difficulty is a going concern, whether the sale is an asset or a share deal, whether the purchaser is clearly separate from the firm in financial difficulty, how the selling price is determined, etc.

The Commission considers that the scheme confers an economic advantage on a specific category of recipients, namely:

—

the purchaser of a firm, where the firm is in financial difficulty, is in special administration, and has at least 1 000 employees, and the purchaser concluded a collective agreement approving the transfer of employees with the Ministry of Labour by 30 April 2003, and/or

| — | the firm sold, where the firm is in financial difficulty, is in special administration, and has at least 1 000 employees. |
| --- | --- |

—

the firm sold, where the firm is in financial difficulty, is in special administration, and has at least 1 000 employees.

The Commission therefore takes the view that the measure is not a general measure, but instead confers an economic advantage on certain undertakings, reducing the costs they would otherwise have to bear and strengthening their financial position as compared with competitors who do not benefit under the same measures. This finding is confirmed by the fact that the measure has been applied in only one case.

| (19) | The second condition for the application of Article 87(1) is that the aid must be granted through State resources. In the scheme under examination, the use of State resources is shown by the fact that the measure is financed by non-repayable public funding and by the State’s foregoing a portion of the social contributions ordinarily due. |
| --- | --- |

(19)

The second condition for the application of Article 87(1) is that the aid must be granted through State resources. In the scheme under examination, the use of State resources is shown by the fact that the measure is financed by non-repayable public funding and by the State’s foregoing a portion of the social contributions ordinarily due.

| (20) | The third and fourth conditions for the application of Article 87(1) are that the measure must distort or threaten to distort competition and must affect trade between Member States. The scheme under examination threatens to distort competition because it reinforces the financial position of some undertakings compared to those of their competitors. In particular, it threatens to distort competition and affect trade in cases where the recipients compete with products coming from other Member States, even if they do not export their own products. If they do not export their own products there is nevertheless an advantage to domestic production, because undertakings established in other Member States have less chance of exporting their products to the market in question (6). |
| --- | --- |

(20)

The third and fourth conditions for the application of Article 87(1) are that the measure must distort or threaten to distort competition and must affect trade between Member States. The scheme under examination threatens to distort competition because it reinforces the financial position of some undertakings compared to those of their competitors. In particular, it threatens to distort competition and affect trade in cases where the recipients compete with products coming from other Member States, even if they do not export their own products. If they do not export their own products there is nevertheless an advantage to domestic production, because undertakings established in other Member States have less chance of exporting their products to the market in question (6).

| (21) | The measure under examination is consequently caught by the general prohibition in Article 87(1) of the Treaty, and can be considered compatible with the common market only if it qualifies for one of the exemptions laid down in the Treaty. |
| --- | --- |

(21)

The measure under examination is consequently caught by the general prohibition in Article 87(1) of the Treaty, and can be considered compatible with the common market only if it qualifies for one of the exemptions laid down in the Treaty.

5.2.   Lawfulness of the aid

| (22) | As the measure constitutes State aid, the Commission regrets that the Italian authorities have not fulfilled their obligation under Article 88(3) of the Treaty and have put the measure into effect before approval by the Commission. |
| --- | --- |

(22)

As the measure constitutes State aid, the Commission regrets that the Italian authorities have not fulfilled their obligation under Article 88(3) of the Treaty and have put the measure into effect before approval by the Commission.

5.3.   Assessment of compatibility of the aid

| (23) | Having determined that the measure constitutes State aid within the scope of Article 87(1) of the Treaty, the Commission considered whether it could be held to be compatible with the common market under Article 87(2) and (3). |
| --- | --- |

(23)

Having determined that the measure constitutes State aid within the scope of Article 87(1) of the Treaty, the Commission considered whether it could be held to be compatible with the common market under Article 87(2) and (3).

| (24) | The Commission takes the view that the aid does not qualify for exemption under Article 87(2), because it is not aid having a social character of the kind referred to in Article 87(2)(a), nor aid to make good the damage caused by natural disasters or exceptional occurrences of the kind referred to in Article 87(2)(b), nor does it fall under Article 87(2)(c). The exemptions in Article 87(3)(b) and (d) are obviously inapplicable too. |
| --- | --- |

(24)

The Commission takes the view that the aid does not qualify for exemption under Article 87(2), because it is not aid having a social character of the kind referred to in Article 87(2)(a), nor aid to make good the damage caused by natural disasters or exceptional occurrences of the kind referred to in Article 87(2)(b), nor does it fall under Article 87(2)(c). The exemptions in Article 87(3)(b) and (d) are obviously inapplicable too.

| (25) | Turning to Article 87(3)(a) and (c), the Commission has laid down its policy on certain categories of aid in exemption regulations and guidelines. The aid under examination aims to safeguard jobs and involves the sale of firms in difficulty, which means that it may fall within the scope of any of three acts of secondary legislation. The Commission has accordingly examined the compatibility of the aid under the rescue and restructuring guidelines, under the Employment Aid Regulation, and finally under the guidelines on national regional aid. But in each case the doubts expressed by the Commission as to the compatibility of the aid scheme with the common market have been confirmed. |
| --- | --- |

(25)

Turning to Article 87(3)(a) and (c), the Commission has laid down its policy on certain categories of aid in exemption regulations and guidelines. The aid under examination aims to safeguard jobs and involves the sale of firms in difficulty, which means that it may fall within the scope of any of three acts of secondary legislation. The Commission has accordingly examined the compatibility of the aid under the rescue and restructuring guidelines, under the Employment Aid Regulation, and finally under the guidelines on national regional aid. But in each case the doubts expressed by the Commission as to the compatibility of the aid scheme with the common market have been confirmed.

5.4.   Assessment under the rescue and restructuring guidelines

| (26) | Given that the notified scheme applied to the sale of firms in financial difficulty, the Italian authorities argued that it should be assessed under the rescue and restructuring guidelines. The Commission considered whether the aid scheme could be assessed under those guidelines. The rescue and restructuring guidelines allow:






  — | rescue and restructuring aid notified individually to the Commission, for all firms irrespective of size, |
| --- | --- | --- |

(26)

Given that the notified scheme applied to the sale of firms in financial difficulty, the Italian authorities argued that it should be assessed under the rescue and restructuring guidelines. The Commission considered whether the aid scheme could be assessed under those guidelines. The rescue and restructuring guidelines allow:

—

rescue and restructuring aid notified individually to the Commission, for all firms irrespective of size,

| — | rescue and restructuring aid schemes confined to small and medium-sized enterprises. |
| --- | --- |

—

rescue and restructuring aid schemes confined to small and medium-sized enterprises.

The Italian authorities notified an aid scheme that applies to all firms irrespective of size. Indeed, as the scheme concerns the sale of firms having more than 1 000 employees, the firms concerned will for the most part be large (7). In its current form, therefore, the scheme cannot be considered compatible with the common market on the basis of the rescue and restructuring guidelines.

| (27) | In its decision initiating the investigation, the Commission said that if Italy considered that the notification of the scheme was in fact an individual notification of restructuring aid to a single firm in difficulty, then the measure would have to be notified as such. It would then be necessary to clarify whether the firm in financial difficulty was the effective recipient of the aid. Such a notification would have to be accompanied by a restructuring plan intended to restore the firm to viability, and would have to satisfy all the conditions laid down in the rescue and restructuring guidelines. |
| --- | --- |

(27)

In its decision initiating the investigation, the Commission said that if Italy considered that the notification of the scheme was in fact an individual notification of restructuring aid to a single firm in difficulty, then the measure would have to be notified as such. It would then be necessary to clarify whether the firm in financial difficulty was the effective recipient of the aid. Such a notification would have to be accompanied by a restructuring plan intended to restore the firm to viability, and would have to satisfy all the conditions laid down in the rescue and restructuring guidelines.

| (28) | The Italian authorities indicated that in reality only one firm had been sold under the scheme during its lifetime. But they continued to describe the measure as a scheme, and did not provide any information that might have enabled the Commission to assess it as an individual notification of restructuring aid to a single firm in difficulty. The Commission cannot, therefore, assess the individual case of the sale of Ocean SpA to Brandt Italia SpA on its own merits. |
| --- | --- |

(28)

The Italian authorities indicated that in reality only one firm had been sold under the scheme during its lifetime. But they continued to describe the measure as a scheme, and did not provide any information that might have enabled the Commission to assess it as an individual notification of restructuring aid to a single firm in difficulty. The Commission cannot, therefore, assess the individual case of the sale of Ocean SpA to Brandt Italia SpA on its own merits.

5.5.   Assessment under the Employment Aid Regulation

| (29) | The notified aid scheme aims to safeguard jobs. In addition to the rescue and restructuring guidelines, the Italian authorities also referred to the Employment Aid Regulation. In this respect, according to the Italian authorities:






  — | the notified measure should be considered as a ‘general measure to promote employment which does not distort or threaten to distort competition by favouring certain undertakings or the production of certain goods’ (recital 6 to the abovementioned Regulation), as it is general and abstract, and applies to all firms with more than 1 000 employees which are in special administration and which are sold, |
| --- | --- | --- |

(29)

The notified aid scheme aims to safeguard jobs. In addition to the rescue and restructuring guidelines, the Italian authorities also referred to the Employment Aid Regulation. In this respect, according to the Italian authorities:

—

the notified measure should be considered as a ‘general measure to promote employment which does not distort or threaten to distort competition by favouring certain undertakings or the production of certain goods’ (recital 6 to the abovementioned Regulation), as it is general and abstract, and applies to all firms with more than 1 000 employees which are in special administration and which are sold,

| — | the benefits granted are the same as those available under the laid-off workers’ mobility scheme, which has never been considered State aid, |
| --- | --- |

—

the benefits granted are the same as those available under the laid-off workers’ mobility scheme, which has never been considered State aid,

| — | if the measure is considered to constitute State aid, it should be regarded as a scheme for the creation of employment: Article 4(4)(c) of the Employment Aid Regulation explicitly provides that ‘the new workers employed as a result of the creation of employment must have never had a job or have lost or be losing their previous job’. The measure under examination concerns the last of these cases. |
| --- | --- |

—

if the measure is considered to constitute State aid, it should be regarded as a scheme for the creation of employment: Article 4(4)(c) of the Employment Aid Regulation explicitly provides that ‘the new workers employed as a result of the creation of employment must have never had a job or have lost or be losing their previous job’. The measure under examination concerns the last of these cases.

| (30) | On the first point, the Commission considers that the measure is not a general measure, for the reasons already mentioned in this Decision in the section on the existence of aid. |
| --- | --- |

(30)

On the first point, the Commission considers that the measure is not a general measure, for the reasons already mentioned in this Decision in the section on the existence of aid.

| (31) | On the second point, the measure does not modify lay-off schemes such as the special lay-off fund (Cassa integrazione straordinaria) or the laid-off workers’ mobility scheme. It is a temporary measure designed for a specific situation and applies only to transactions carried out in the course of one three-month period. Thus it cannot be considered equivalent to general lay-off schemes such as the special lay-off fund or the laid-off workers’ mobility scheme, which have never been assessed by the Commission under the State aid rules. |
| --- | --- |

(31)

On the second point, the measure does not modify lay-off schemes such as the special lay-off fund (Cassa integrazione straordinaria) or the laid-off workers’ mobility scheme. It is a temporary measure designed for a specific situation and applies only to transactions carried out in the course of one three-month period. Thus it cannot be considered equivalent to general lay-off schemes such as the special lay-off fund or the laid-off workers’ mobility scheme, which have never been assessed by the Commission under the State aid rules.

| (32) | On the third point, the Commission would point out that under the Employment Aid Regulation aid towards the creation of new jobs in non-assisted areas is allowed only where it is given to small and medium-sized enterprises. The notified aid scheme applies throughout the country and to all undertakings irrespective of size. Indeed, as the measure concerns the sale of firms having more than 1 000 employees, there are grounds for supposing that the firms concerned will for the most part be large. |
| --- | --- |

(32)

On the third point, the Commission would point out that under the Employment Aid Regulation aid towards the creation of new jobs in non-assisted areas is allowed only where it is given to small and medium-sized enterprises. The notified aid scheme applies throughout the country and to all undertakings irrespective of size. Indeed, as the measure concerns the sale of firms having more than 1 000 employees, there are grounds for supposing that the firms concerned will for the most part be large.

| (33) | The notified measure consequently cannot be considered compatible with the common market on the basis of the Employment Aid Regulation. |
| --- | --- |

(33)

The notified measure consequently cannot be considered compatible with the common market on the basis of the Employment Aid Regulation.

5.6.   Assessment under the guidelines on national regional aid

| (34) | The Commission also considered whether the scheme could be assessed under the guidelines on national regional aid (8). Provided certain stated requirements are met, these guidelines allow aid to maintain jobs to be authorised even if it falls within the definition of operating aid. It is also possible to approve aid to investments in fixed capital undertaken in the form of the purchase of an establishment which has closed or which would have closed had it not been purchased. |
| --- | --- |

(34)

The Commission also considered whether the scheme could be assessed under the guidelines on national regional aid (8). Provided certain stated requirements are met, these guidelines allow aid to maintain jobs to be authorised even if it falls within the definition of operating aid. It is also possible to approve aid to investments in fixed capital undertaken in the form of the purchase of an establishment which has closed or which would have closed had it not been purchased.

| (35) | The scheme does not fall within the scope of the guidelines on national regional aid, however, because since it is applicable countrywide. Moreover, the only case in which the scheme is known to have been applied is that of a company located in Verolanuova, Brescia, which is not in an area falling under the exemptions in Article 87(3)(a) or (c). The notified measure consequently cannot be considered compatible with the common market on the basis of the guidelines on national regional aid. |
| --- | --- |

(35)

The scheme does not fall within the scope of the guidelines on national regional aid, however, because since it is applicable countrywide. Moreover, the only case in which the scheme is known to have been applied is that of a company located in Verolanuova, Brescia, which is not in an area falling under the exemptions in Article 87(3)(a) or (c). The notified measure consequently cannot be considered compatible with the common market on the basis of the guidelines on national regional aid.

| (36) | Lastly, the notified measure is incompatible with the common market in that it contains no provision on overlapping aid from different sources. |
| --- | --- |

(36)

Lastly, the notified measure is incompatible with the common market in that it contains no provision on overlapping aid from different sources.

6.   CONCLUSION

| (37) | The Commission finds that the measure under examination constitutes State aid within the scope of Article 87(1) of the Treaty. Italy has put the measure into effect unlawfully, in breach of Article 88(3) of the Treaty. On the basis of the analysis set out above, the Commission finds that the aid is incompatible with the common market in the light of the rescue and restructuring guidelines, the Employment Aid Regulation and the guidelines on national regional aid. |
| --- | --- |

(37)

The Commission finds that the measure under examination constitutes State aid within the scope of Article 87(1) of the Treaty. Italy has put the measure into effect unlawfully, in breach of Article 88(3) of the Treaty. On the basis of the analysis set out above, the Commission finds that the aid is incompatible with the common market in the light of the rescue and restructuring guidelines, the Employment Aid Regulation and the guidelines on national regional aid.

| (38) | This Decision concerns the aid scheme and the individual cases in which it is applied, and must be complied with immediately, with special reference to the recovery of all incompatible aid granted. This Decision is without prejudice to the possibility that individual aid measures taken under the scheme may subsequently be considered compatible on their own merits, in whole or in part, by Commission decision, |
| --- | --- |

(38)

This Decision concerns the aid scheme and the individual cases in which it is applied, and must be complied with immediately, with special reference to the recovery of all incompatible aid granted. This Decision is without prejudice to the possibility that individual aid measures taken under the scheme may subsequently be considered compatible on their own merits, in whole or in part, by Commission decision,

HAS ADOPTED THIS DECISION:

Article 1

The State aid measure providing for urgent measures to assist employment which Italy has put into effect under Decree-law No 23 of 14 February 2003, converted into statute by Act No 81 of 17 April 2003, is incompatible with the common market.

Article 2

Italy shall withdraw the scheme referred to in Article 1 in so far as it continues to have effect.

Article 3

1.   Italy shall take all necessary measures to recover from the recipients the aid granted under the scheme referred to in Article 1 which has been unlawfully made available to the recipients.

2.   Italy shall cancel all outstanding payments of aid with effect from the date of this Decision.

3.   Recovery shall be effectuated without delay in accordance with the procedures of national law provided that they allow the immediate and effective execution of the Decision.

4.   The aid to be recovered shall include interest from the date on which it was made available to the recipient until the date of its recovery.

5.   Interest shall be calculated on the basis of the reference rate used for calculating the grant equivalent of regional aid on the date on which the aid was made available to the recipient.

6.   The interest rate referred to in paragraph 5 shall apply on a compound basis over the entire period referred to in paragraph 4.

Article 4

Italy shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it, using the questionnaire attached to the Decision.

Article 5

This Decision is addressed to the Italian Republic.

Done at Brussels, 30 March 2004.

For the Commission

Mario MONTI

Member of the Commission

---

(1)  OJ C 308, 18.12.2003, p. 5.

1

(2)  See footnote 1.

2

(3)  OJ C 288, 9.10.1999.

3

(4)  OJ L 337, 13.12.2002, p. 3.

4

(5)  OJ C 74, 10.3.1998.

5

(6)  Judgment of the Court of Justice in Case 102/87 France v Commission [1988] ECR 4067.

6

France v Commission

(7)  As far as the sale of Ocean SpA to Brandt Italia is concerned, the Italian authorities did not supply any information regarding the size of the acquiring company, Brandt Italia. The company acquired, Ocean SpA, had more than 1 000 employees.

7

(8)  OJ C 74, 10.3.1998.

8

---

ANNEX

Information regarding the implementation of the Commission Decision 2004/800/EC

1.   Total number of recipients and total amount of aid to be recovered

| 1.1. | Please explain in detail how the amount of aid to be recovered from individual recipients will be calculated:






  — | principal, |
| --- | --- | --- |

1.1.

Please explain in detail how the amount of aid to be recovered from individual recipients will be calculated:

—

principal,

| — | interest. |
| --- | --- |

—

interest.

| 1.2. | What is the total amount of aid granted unlawfully under this scheme that is to be recovered (gross grant equivalents; prices of ...)? |
| --- | --- |

1.2.

What is the total amount of aid granted unlawfully under this scheme that is to be recovered (gross grant equivalents; prices of ...)?

| 1.3. | What is the total number of recipients from whom aid granted unlawfully under this scheme is to be recovered? |
| --- | --- |

1.3.

What is the total number of recipients from whom aid granted unlawfully under this scheme is to be recovered?

2.   Measures planned or taken to recover the aid

| 2.1. | Please describe in detail what measures are planned and what measures have already been taken into effect an immediate and effective recovery of the aid. Please indicate the legal basis of the measures. |
| --- | --- |

2.1.

Please describe in detail what measures are planned and what measures have already been taken into effect an immediate and effective recovery of the aid. Please indicate the legal basis of the measures.

| 2.2. | By what date will the recovery of the aid be completed? |
| --- | --- |

2.2.

By what date will the recovery of the aid be completed?

3.   Information concerning individual recipients

On the table overleaf, please provide details of each of the recipients from whom aid granted unlawfully under the scheme is to be recovered.

| Name of recipient | Address of recipient | Date (1) | Amount of aid granted unlawfully (2) Currency: ... | Recovery effected
  Yes/No |
| --- | --- | --- | --- | --- |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |

Name of recipient

Address of recipient

Date (1)

Amount of aid granted unlawfully (2) Currency: ...

Recovery effected

Yes/No

---

(1)  Date or dates on which the aid or part thereof was made available to the recipient.

(2)  Amount of aid made available to the recipient (in gross grant equivalent; at prices of ...).

---

| 27.11.2004 | EN | Official Journal of the European Union | L 352/17 |
| --- | --- | --- | --- |

27.11.2004

EN

Official Journal of the European Union

L 352/17

---

DECISION No 801/2004 OF THE EC-SWITZERLAND JOINT COMMITTEE

of 28 April 2004

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

(2004/801/EC)

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Communities, of the one part, the Swiss Confederation, of the other part (1), hereinafter referred to as ‘the Agreement’, signed in Brussels on 22 July 1972, and in particular Article 38 of Protocol 3 thereof,

Whereas:

| (1) | Protocol 3 of the Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, hereinafter referred to as ‘the Protocol’ has been amended several times. A consolidation of those amendments to the text of the Protocol therefore appears necessary for the sake of clarity and legal certainty of the rules of origin to be applied. |
| --- | --- |

(1)

Protocol 3 of the Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, hereinafter referred to as ‘the Protocol’ has been amended several times. A consolidation of those amendments to the text of the Protocol therefore appears necessary for the sake of clarity and legal certainty of the rules of origin to be applied.

| (2) | Technical modifications of the processing rules are also required to take account of modifications to the Harmonised Commodity Description and Coding System (Harmonised System) which took effect from 1 January 2002. |
| --- | --- |

(2)

Technical modifications of the processing rules are also required to take account of modifications to the Harmonised Commodity Description and Coding System (Harmonised System) which took effect from 1 January 2002.

| (3) | Certain processing requirements for non-originating materials to obtain originating status need to be amended to take account of the lack of production of a certain material within the Contracting Parties and of the specific conditions in which some products (monolithic integrated circuits) are to be obtained, implying limited processing operations outside the contracting parties. |
| --- | --- |

(3)

Certain processing requirements for non-originating materials to obtain originating status need to be amended to take account of the lack of production of a certain material within the Contracting Parties and of the specific conditions in which some products (monolithic integrated circuits) are to be obtained, implying limited processing operations outside the contracting parties.

| (4) | Some technical amendments are required in order to correct anomalies in and between the different language versions of the text. |
| --- | --- |

(4)

Some technical amendments are required in order to correct anomalies in and between the different language versions of the text.

| (5) | It is therefore appropriate, for the proper functioning of the Agreement and with a view to facilitate the work of users and customs administrations, to incorporate in a new text of the Protocol all the provisions in question. |
| --- | --- |

(5)

It is therefore appropriate, for the proper functioning of the Agreement and with a view to facilitate the work of users and customs administrations, to incorporate in a new text of the Protocol all the provisions in question.

| (6) | Joint Declarations concerning the Principality of Andorra, the Republic of San Marino and the review of the changes to the origin rules as a result of the amendments to the Harmonised System have to be maintained, together with the Protocol, |
| --- | --- |

(6)

Joint Declarations concerning the Principality of Andorra, the Republic of San Marino and the review of the changes to the origin rules as a result of the amendments to the Harmonised System have to be maintained, together with the Protocol,

HAS DECIDED AS FOLLOWS:

Article 1

Protocol 3 of the Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, shall be replaced by the text attached hereto, together with the relevant Joint Declarations.

Article 2

This Decision shall enter into force on the day of its adoption.

It is applicable from 1 July 2002.

Done at Brussels, 28 April 2004.

For the Joint Committee

The Chairman

Dante MARTINELLI

---

(1)  OJ L 300, 31.12.1972, p. 189.

1

---

PROTOCOL 3

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

CONTENTS

| TITLE I | GENERAL PROVISIONS |
| --- | --- |

TITLE I

| Article 1 | Definitions |
| --- | --- |

Article 1

| TITLE II | DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’ |
| --- | --- |

TITLE II

| Article 2 | General requirements |
| --- | --- |

Article 2

| Article 3 | Cumulation in the Community |
| --- | --- |

Article 3

| Article 4 | Cumulation in Switzerland |
| --- | --- |

Article 4

| Article 5 | Wholly obtained products |
| --- | --- |

Article 5

| Article 6 | Sufficiently worked or processed products |
| --- | --- |

Article 6

| Article 7 | Insufficient working or processing |
| --- | --- |

Article 7

| Article 8 | Unit of qualification |
| --- | --- |

Article 8

| Article 9 | Accessories, spare parts and tools |
| --- | --- |

Article 9

| Article 10 | Sets |
| --- | --- |

Article 10

| Article 11 | Neutral elements |
| --- | --- |

Article 11

| TITLE III | TERRITORIAL REQUIREMENTS |
| --- | --- |

TITLE III

| Article 12 | Principle of territoriality |
| --- | --- |

Article 12

| Article 13 | Direct transport |
| --- | --- |

Article 13

| Article 14 | Exhibitions |
| --- | --- |

Article 14

| TITLE IV | DRAWBACK OR EXEMPTION |
| --- | --- |

TITLE IV

| Article 15 | Prohibition of drawback of, or exemption from, customs duties |
| --- | --- |

Article 15

| TITLE V | PROOF OF ORIGIN |
| --- | --- |

TITLE V

| Article 16 | General requirements |
| --- | --- |

Article 16

| Article 17 | Procedure for the issue of a movement certificate EUR.1 |
| --- | --- |

Article 17

| Article 18 | Movement certificates EUR.1 issued retrospectively |
| --- | --- |

Article 18

| Article 19 | Issue of a duplicate movement certificate EUR.1 |
| --- | --- |

Article 19

| Article 20 | Issue of movement certificates EUR.1 on the basis of a proof of origin issued or made out previously |
| --- | --- |

Article 20

| Article 20a | Accounting segregation |
| --- | --- |

Article 20a

| Article 21 | Conditions for making out an invoice declaration |
| --- | --- |

Article 21

| Article 22 | Approved exporter |
| --- | --- |

Article 22

| Article 23 | Validity of proof of origin |
| --- | --- |

Article 23

| Article 24 | Submission of proof of origin |
| --- | --- |

Article 24

| Article 25 | Importation by instalments |
| --- | --- |

Article 25

| Article 26 | Exemptions from proof of origin |
| --- | --- |

Article 26

| Article 27 | Supporting documents |
| --- | --- |

Article 27

| Article 28 | Preservation of proof of origin and supporting documents |
| --- | --- |

Article 28

| Article 29 | Discrepancies and formal errors |
| --- | --- |

Article 29

| Article 30 | Amounts expressed in euro |
| --- | --- |

Article 30

| TITLE VI | ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION |
| --- | --- |

TITLE VI

| Article 31 | Mutual assistance |
| --- | --- |

Article 31

| Article 32 | Verification of proofs of origin |
| --- | --- |

Article 32

| Article 33 | Dispute settlement |
| --- | --- |

Article 33

| Article 34 | Penalties |
| --- | --- |

Article 34

| Article 35 | Free zones |
| --- | --- |

Article 35

| TITLE VII | CEUTA AND MELILLA |
| --- | --- |

TITLE VII

| Article 36 | Application of the Protocol |
| --- | --- |

Article 36

| Article 37 | Special conditions |
| --- | --- |

Article 37

| TITLE VIII | FINAL PROVISIONS |
| --- | --- |

TITLE VIII

| Article 38 | Amendments to the Protocol |
| --- | --- |

Article 38

LIST OF ANNEXES

| Annex I: | Introductory notes to the list in Annex II |
| --- | --- |

Annex I:

| Annex II: | List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status |
| --- | --- |

Annex II:

| Annex III: | Specimens of movement certificate EUR.1 and application for a movement certificate EUR.1 |
| --- | --- |

Annex III:

| Annex IV: | Text of the invoice declaration |
| --- | --- |

Annex IV:

| Annex V: | List of products originating in Turkey to which the provisions of Articles 3 and 4 do not apply, listed in order of HS Chapters and headings |
| --- | --- |

Annex V:

Joint Declarations

Joint declaration concerning the Principality of Andorra

Joint declaration concerning the Republic of San Marino

Joint Declaration concerning the review of the changes to the origin rules as a result of the amendments to the Harmonised System

TITLE I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Protocol:

| (a) | ‘manufacture’ means any kind of working or processing including assembly or specific operations; |
| --- | --- |

(a)

‘manufacture’ means any kind of working or processing including assembly or specific operations;

| (b) | ‘material’ means any ingredient, raw material, component or part, etc., used in the manufacture of the product; |
| --- | --- |

(b)

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

| (c) | ‘product’ means the product being manufactured, even if it is intended for later use in another manufacturing operation; |
| --- | --- |

(c)

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

| (d) | ‘goods’ means both materials and products; |
| --- | --- |

(d)

‘goods’ means both materials and products;

| (e) | ‘customs value’ means the value as determined in accordance with the 1994 Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade (WTO Agreement on customs valuation); |
| --- | --- |

(e)

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

| (f) | ‘ex-works price’ means the price paid for the product ex works to the manufacturer in the Community or in Switzerland 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 which are, or may be, repaid when the product obtained is exported; |
| --- | --- |

(f)

‘ex-works price’ means the price paid for the product ex works to the manufacturer in the Community or in Switzerland 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 which are, or may be, repaid when the product obtained is exported;

| (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 Community or in Switzerland; |
| --- | --- |

(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 Community or in Switzerland;

| (h) | ‘value of originating materials’ means the value of such materials as defined in (g) applied, mutatis mutandis; |
| --- | --- |

(h)

‘value of originating materials’ means the value of such materials as defined in (g) applied, mutatis mutandis;

| (i) | ‘value added’ shall be taken to be the ex-works price minus the customs value of each of the materials incorporated which originate in the other countries referred to in Articles 3 and 4 or, where the customs value is not known or cannot be ascertained, the first ascertainable price paid for the materials in the Community or in Switzerland; |
| --- | --- |

(i)

‘value added’ shall be taken to be the ex-works price minus the customs value of each of the materials incorporated which originate in the other countries referred to in Articles 3 and 4 or, where the customs value is not known or cannot be ascertained, the first ascertainable price paid for the materials in the Community or in Switzerland;

| (j) | ‘chapters’ and ‘headings’ mean the chapters and the headings (four digit codes) used in the nomenclature which makes up the Harmonised Commodity Description and Coding System, referred to in this Protocol as ‘the Harmonised System’ or ‘HS’; |
| --- | --- |

(j)

‘chapters’ and ‘headings’ mean the chapters and the headings (four digit codes) used in the nomenclature which makes up the Harmonised Commodity Description and Coding System, referred to in this Protocol as ‘the Harmonised System’ or ‘HS’;

| (k) | ‘classified’ refers to the classification of a product or material under a particular heading; |
| --- | --- |

(k)

‘classified’ refers to the classification of a product or material under a particular heading;

| (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)

‘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;

| (m) | ‘territories’ includes territorial waters. |
| --- | --- |

(m)

‘territories’ includes territorial waters.

TITLE II

DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’

Article 2

General requirements

1.   For the purpose of implementing this Agreement, the following products shall be considered as originating in the Community:

| (a) | products wholly obtained in the Community within the meaning of Article 5; |
| --- | --- |

(a)

products wholly obtained in the Community within the meaning of Article 5;

| (b) | products obtained in the Community incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the Community within the meaning of Article 6; |
| --- | --- |

(b)

products obtained in the Community incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the Community within the meaning of Article 6;

| (c) | goods originating in the European Economic Area (EEA) within the meaning of Protocol 4 to the Agreement on the European Economic Area. |
| --- | --- |

(c)

goods originating in the European Economic Area (EEA) within the meaning of Protocol 4 to the Agreement on the European Economic Area.

2.   For the purpose of implementing this Agreement, the following products shall be considered as originating in Switzerland:

| (a) | products wholly obtained in Switzerland within the meaning of Article 5; |
| --- | --- |

(a)

products wholly obtained in Switzerland within the meaning of Article 5;

| (b) | products obtained in Switzerland incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in Switzerland within the meaning of Article 6. |
| --- | --- |

(b)

products obtained in Switzerland incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in Switzerland within the meaning of Article 6.

Article 3

Cumulation in the Community

1.   Without prejudice to the provisions of Article 2(1), products shall be considered as originating in the Community if such products are obtained there, incorporating materials originating in Bulgaria, Switzerland (including Liechtenstein) (1), the Czech Republic, Estonia, Hungary, Iceland, Lithuania, Latvia, Norway, Poland, Romania, Slovenia, the Slovak Republic, Turkey (2) or in the Community in accordance with the provisions of the Protocol on rules of origin annexed to the Agreements between the Community and each of these countries, provided that the working or processing carried out in the Community goes beyond the operations referred to in Article 7. It shall not be necessary that such materials have undergone sufficient working or processing.

2.   Where the working or processing carried out in the Community does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in the Community only where the value added there is greater than the value of the materials used originating in any one of the other countries referred to in paragraph 1. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in the Community.

3.   Products, originating in one of the countries referred to in paragraph 1, which do not undergo any working or processing in the Community, retain their origin if exported into one of these countries.

4.   The cumulation provided for in this Article may only be applied to materials and products which have acquired originating status by the application of rules of origin identical to those given in this Protocol.

The Community shall provide Switzerland, through the Commission of the European Communities, with details of the Agreements and their corresponding origin rules, which are applied with the other countries referred to in paragraph 1. The Commission of the European Communities 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 by those countries listed in paragraph 1 which have fulfilled the necessary requirements.

Article 4

Cumulation in Switzerland

1.   Without prejudice to the provisions of Article 2(2), products shall be considered as originating in Switzerland if such products are obtained there, incorporating materials originating in Bulgaria, Switzerland (including Liechtenstein) (1), the Czech Republic, Estonia, Hungary, Iceland, Lithuania, Latvia, Norway, Poland, Romania, Slovenia, the Slovak Republic, Turkey (2) or in the Community in accordance with the provisions of the Protocol on origin rules annexed to the Agreements between Switzerland and each of these countries, provided that the working or processing carried out in Switzerland goes beyond the operations referred to in Article 7. It shall not be necessary that such materials have undergone sufficient working or processing.

2.   Where the working or processing carried out in Switzerland does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in Switzerland only where the value added there is greater than the value of the materials used originating in any one of the other countries referred to in paragraph 1. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in Switzerland.

3.   Products, originating in one of the countries referred to in paragraph 1, which do not undergo any working or processing in Switzerland, retain their origin if exported into one of these countries.

4.   The cumulation provided for in this Article may only be applied to materials and products which have acquired originating status by the application of rules of origin identical to those given in this Protocol.

Switzerland shall provide the Community, through the Commission of the European Communities, with details of the Agreements and their corresponding rules of origin, which are applied with the other countries referred to in paragraph 1. The Commission of the European Communities 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 by those countries listed in paragraph 1 which have fulfilled the necessary requirements.

Article 5

Wholly obtained products

1.   The following shall be considered as wholly obtained in the Community or in Switzerland:

| (a) | mineral products extracted from their soil or from their seabed; |
| --- | --- |

(a)

mineral products extracted from their soil or from their seabed;

| (b) | vegetable products harvested there; |
| --- | --- |

(b)

vegetable products harvested there;

| (c) | live animals born and raised there; |
| --- | --- |

(c)

live animals born and raised there;

| (d) | products from live animals raised there; |
| --- | --- |

(d)

products from live animals raised there;

| (e) | products obtained by hunting or fishing conducted there; |
| --- | --- |

(e)

products obtained by hunting or fishing conducted there;

| (f) | products of sea fishing and other products taken from the sea outside the territorial waters of the Community or of Switzerland by their vessels; |
| --- | --- |

(f)

products of sea fishing and other products taken from the sea outside the territorial waters of the Community or of Switzerland by their vessels;

| (g) | products made aboard their factory ships exclusively from products referred to in (f); |
| --- | --- |

(g)

products made aboard their factory ships exclusively from products referred to in (f);

| (h) | used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or for use as waste; |
| --- | --- |

(h)

used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or for use as waste;

| (i) | waste and scrap resulting from manufacturing operations conducted there; |
| --- | --- |

(i)

waste and scrap resulting from manufacturing operations conducted there;

| (j) | products extracted from marine soil or subsoil outside their territorial waters provided that they have sole rights to work that soil or subsoil; |
| --- | --- |

(j)

products extracted from marine soil or subsoil outside their territorial waters provided that they have sole rights to work that soil or subsoil;

| (k) | goods produced there exclusively from the products specified in (a) to (j). |
| --- | --- |

(k)

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

2.   The terms ‘their vessels’ and ‘their factory ships’ in paragraph 1(f) and (g) shall apply only to vessels and factory ships:

| (a) | which are registered or recorded in a Member State of the Community or in Switzerland; |
| --- | --- |

(a)

which are registered or recorded in a Member State of the Community or in Switzerland;

| (b) | which sail under the flag of a Member State of the Community or of Switzerland; |
| --- | --- |

(b)

which sail under the flag of a Member State of the Community or of Switzerland;

| (c) | which are owned to an extent of at least 50 % by nationals of a Member State of the Community or of Switzerland, or by a company with its head office in one of these States, of which the manager or managers, Chairman of the Board of Directors or the Supervisory Board, and the majority of the members of such boards are nationals of a Member State of the Community or of Switzerland and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to those States or to public bodies or nationals of the said States; |
| --- | --- |

(c)

which are owned to an extent of at least 50 % by nationals of a Member State of the Community or of Switzerland, or by a company with its head office in one of these States, of which the manager or managers, Chairman of the Board of Directors or the Supervisory Board, and the majority of the members of such boards are nationals of a Member State of the Community or of Switzerland and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to those States or to public bodies or nationals of the said States;

| (d) | of which the master and officers are nationals of a Member State of the Community or of Switzerland;
  and |
| --- | --- |

(d)

of which the master and officers are nationals of a Member State of the Community or of Switzerland;

and

| (e) | of which at least 75 % of the crew are nationals of a Member State of the Community or of Switzerland. |
| --- | --- |

(e)

of which at least 75 % of the crew are nationals of a Member State of the Community or of Switzerland.

Article 6

Sufficiently worked or processed products

1.   For the purposes of Article 2, products which are not wholly obtained are considered to be sufficiently worked or processed when the conditions set out in the list in Annex II are fulfilled.

The conditions referred to above indicate, for all products covered by the Agreement, the working or processing which must be carried out on non-originating materials used in manufacturing and apply only in relation to such materials. It follows that, if a product which has acquired originating status by fulfilling the conditions set out in the list 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.

2.   Notwithstanding paragraph 1, non-originating materials which, according to the conditions set out in the list, should not be used in the manufacture of a product may nevertheless be used, provided that:

| (a) | their total value does not exceed 10 % of the ex-works price of the product; |
| --- | --- |

(a)

their total value does not exceed 10 % of the ex-works price of the product;

| (b) | any of the percentages given in the list for the maximum value of non-originating materials are not exceeded through the application of this paragraph. |
| --- | --- |

(b)

any of the percentages given in the list for the maximum value of non-originating materials are not exceeded through the application of this paragraph.

This paragraph shall not apply to products falling within chapters 50 to 63 of the Harmonised System.

3.   Paragraphs 1 and 2 shall apply subject to the provisions of Article 7.

Article 7

Insufficient working or processing

1.   Without prejudice to paragraph 2, 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 6 are satisfied:

| (a) | preserving operations to ensure that the products remain in good condition during transport and storage; |
| --- | --- |

(a)

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

| (b) | breaking-up and assembly of packages; |
| --- | --- |

(b)

breaking-up and assembly of packages;

| (c) | washing, cleaning; removal of dust, oxide, oil, paint or other coverings; |
| --- | --- |

(c)

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

| (d) | ironing or pressing of textiles; |
| --- | --- |

(d)

ironing or pressing of textiles;

| (e) | simple painting and polishing operations; |
| --- | --- |

(e)

simple painting and polishing operations;

| (f) | husking, partial or total bleaching, polishing, and glazing of cereals and rice; |
| --- | --- |

(f)

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

| (g) | operations to colour sugar or form sugar lumps; |
| --- | --- |

(g)

operations to colour sugar or form sugar lumps;

| (h) | peeling, stoning and shelling, of fruit, nuts and vegetables; |
| --- | --- |

(h)

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

| (i) | sharpening, simple grinding or simple cutting; |
| --- | --- |

(i)

sharpening, simple grinding or simple cutting;

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

(j)

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

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

(k)

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

| (l) | affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging; |
| --- | --- |

(l)

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

| (m) | simple mixing of products, whether or not of different kinds; |
| --- | --- |

(m)

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

| (n) | simple assembly of parts of articles to constitute a complete article or disassembly of products into parts; |
| --- | --- |

(n)

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

| (o) | a combination of two or more operations specified in (a) to (n); |
| --- | --- |

(o)

a combination of two or more operations specified in (a) to (n);

| (p) | slaughter of animals. |
| --- | --- |

(p)

slaughter of animals.

2.   All operations carried out either in the Community or in Switzerland 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 8

Unit of qualification

1.   The unit of qualification for the application of the provisions of this Protocol shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonised System. It follows that:

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

(a)

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

| (b) | when a consignment consists of a number of identical products classified under the same heading of the Harmonised System, each product must be taken individually when applying the provisions of this Protocol. |
| --- | --- |

(b)

when a consignment consists of a number of identical products classified under the same heading of the Harmonised System, each product must be taken individually when applying the provisions of this Protocol.

2.   Where, under General Rule 5 of the Harmonised System, packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.

Article 9

Accessories, spare parts and tools

Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

Article 10

Sets

Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all 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 per cent of the ex-works price of the set.

Article 11

Neutral elements

In order to determine whether a product originates, it shall not be necessary to determine the origin of the following which might be used in its manufacture:

| (a) | energy and fuel; |
| --- | --- |

(a)

energy and fuel;

| (b) | plant and equipment; |
| --- | --- |

(b)

plant and equipment;

| (c) | machines and tools; |
| --- | --- |

(c)

machines and tools;

| (d) | goods which do not enter and which are not intended to enter into the final composition of the product. |
| --- | --- |

(d)

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

TITLE III

TERRITORIAL REQUIREMENTS

Article 12

Principle of territoriality

1.   Except as provided for in Article 2(1)(c), Articles 3 and 4 and paragraph 3 of this Article, the conditions for acquiring originating status set out in Title II must be fulfilled without interruption in the Community or in Switzerland.

2.   Except as provided for in Articles 3 and 4, where originating goods exported from the Community or from Switzerland to another country return, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

| (a) | the returning goods are the same as those exported;
  and |
| --- | --- |

(a)

the returning goods are the same as those exported;

and

| (b) | they have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported. |
| --- | --- |

(b)

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

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 Community or Switzerland on materials exported from the Community or from Switzerland and subsequently re-imported there, provided:

| (a) | the said materials are wholly obtained in the Community or in Switzerland or have undergone working or processing beyond the operations referred to in Article 7 prior to being exported;
  and |
| --- | --- |

(a)

the said materials are wholly obtained in the Community or in Switzerland or have undergone working or processing beyond the operations referred to in Article 7 prior to being exported;

and

| (b) | it can be demonstrated to the satisfaction of the customs authorities that:






  (i) | the re-imported goods have been obtained by working or processing the exported materials;
  and |
| --- | --- | --- |

(b)

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

(i)

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

and

| (ii) | the total added value acquired outside the Community or Switzerland by applying the provisions of this Article does not exceed 10 % of the ex-works price of the end product for which originating status is claimed. |
| --- | --- |

(ii)

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

4.   For the purposes of paragraph 3, the conditions for acquiring originating status set out in Title II shall not apply to working or processing done outside the Community or Switzerland. But where, in the list in Annex II, a rule setting a maximum value for all the non-originating materials incorporated is applied in determining the originating status of the end product, the total value of the non-originating materials incorporated in the territory of the party concerned, taken together with the total added value acquired outside the Community or Switzerland by applying the provisions of this Article, shall not exceed the stated percentage.

5.   For the purposes of applying the provisions of paragraphs 3 and 4, ‘total added value’ shall be taken to mean all costs arising outside the Community or Switzerland, including the value of the materials incorporated there.

6.   The provisions of paragraphs 3 and 4 shall not apply to products which do not fulfil the conditions set out in the list in Annex II or which can be considered sufficiently worked or processed only if the general tolerance fixed in Article 6(2) is applied.

7.   The provisions of paragraphs 3 and 4 shall not apply to products of chapters 50 to 63 of the Harmonised System.

8.   Any working or processing of the kind covered by the provisions of this Article and done outside the Community or Switzerland shall be done under the outward processing arrangements, or similar arrangements.

Article 13

Direct transport

1.   The preferential treatment provided for under the Agreement applies only to products, satisfying the requirements of this Protocol, which are transported directly between the Community and Switzerland or through the territories of the other countries referred to in Articles 3 and 4. However, products constituting one single consignment may be transported through other territories with, should the occasion arise, transhipment or temporary warehousing in such territories, provided that they remain under the surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.

Originating products may be transported by pipeline across territory other than that of the Community or Switzerland.

2.   Evidence that the conditions set out in paragraph 1 have been fulfilled shall be supplied to the customs authorities of the importing country by the production of:

| (a) | a single transport document covering the passage from the exporting country through the country of transit; or |
| --- | --- |

(a)

a single transport document covering the passage from the exporting country through the country of transit; or

| (b) | a certificate issued by the customs authorities of the country of transit:






  (i) | giving an exact description of the products; |
| --- | --- | --- |

(b)

a certificate issued by the customs authorities of the country of transit:

(i)

giving an exact description of the products;

| (ii) | stating the dates of unloading and reloading of the products and, where applicable, the names of the ships, or the other means of transport used;
  and |
| --- | --- |

(ii)

stating the dates of unloading and reloading of the products and, where applicable, the names of the ships, or the other means of transport used;

and

| (iii) | certifying the conditions under which the products remained in the transit country; or |
| --- | --- |

(iii)

certifying the conditions under which the products remained in the transit country; or

| (c) | failing these, any substantiating documents. |
| --- | --- |

(c)

failing these, any substantiating documents.

Article 14

Exhibitions

1.   Originating products, sent for exhibition in a country other than those referred to in Articles 3 and 4 and sold after the exhibition for importation in the Community or in Switzerland shall benefit on importation from the provisions of the Agreement provided it is shown to the satisfaction of the customs authorities that:

| (a) | an exporter has consigned these products from the Community or from Switzerland to the country in which the exhibition is held and has exhibited them there; |
| --- | --- |

(a)

an exporter has consigned these products from the Community or from Switzerland to the country in which the exhibition is held and has exhibited them there;

| (b) | the products have been sold or otherwise disposed of by that exporter to a person in the Community or in Switzerland; |
| --- | --- |

(b)

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

| (c) | the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition;
  and |
| --- | --- |

(c)

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

and

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

(d)

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

2.   A proof of origin must be issued or made out in accordance with the provisions of Title V and submitted to the customs authorities of the importing country in the normal manner. The name and address of the exhibition must be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required.

3.   Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.

TITLE IV

DRAWBACK OR EXEMPTION

Article 15

Prohibition of drawback of, or exemption from, customs duties

| 1. | (a) | Non-originating materials used in the manufacture of products originating in the Community, in Switzerland or in one of the other countries referred to in Articles 3 and 4 for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in the Community or in Switzerland to drawback of, or exemption from, customs duties of whatever kind. |
| --- | --- | --- |
| (b) | Products falling within Chapter 3 and headings 1604 and 1605 of the Harmonised System and originating in the Community as provided for in Article 2(1)(c), for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in the Community to drawback of, or exemption from, customs duties of whatever kind. |

1.

(a)

Non-originating materials used in the manufacture of products originating in the Community, in Switzerland or in one of the other countries referred to in Articles 3 and 4 for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in the Community or in Switzerland to drawback of, or exemption from, customs duties of whatever kind.

(b)

Products falling within Chapter 3 and headings 1604 and 1605 of the Harmonised System and originating in the Community as provided for in Article 2(1)(c), for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in the Community to drawback of, or exemption from, customs duties of whatever kind.

2.   The prohibition in paragraph 1 shall apply to any arrangement for refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect, applicable in the Community or in Switzerland to materials used in the manufacture and to products covered by paragraph 1(b) above, where such refund, remission or non-payment applies, expressly or in effect, when products obtained from the said materials are exported and not when they are retained for home use there.

3.   The exporter of products covered by a proof of origin shall be prepared to submit at any time, upon request from the customs authorities, all appropriate documents proving that no drawback has been obtained in respect of the non-originating materials used in the manufacture of the products concerned and that all customs duties or charges having equivalent effect applicable to such materials have actually been paid.

4.   The provisions of paragraphs 1 to 3 shall also apply in respect of packaging within the meaning of Article 8(2), accessories, spare parts and tools within the meaning of Article 9 and products in a set within the meaning of Article 10 when such items are non-originating.

5.   The provisions of paragraphs 1 to 4 shall apply only in respect of materials which are of the kind to which the Agreement applies. Furthermore, they shall not preclude the application of an export refund system for agricultural products, applicable upon export in accordance with the provisions of the Agreement.

TITLE V

PROOF OF ORIGIN

Article 16

General requirements

1.   Products originating in the Community shall, on importation into Switzerland and products originating in Switzerland shall, on importation into the Community benefit from the Agreement upon submission of either:

| (a) | a movement certificate EUR.1, a specimen of which appears in Annex III; or |
| --- | --- |

(a)

a movement certificate EUR.1, a specimen of which appears in Annex III; or

| (b) | in the cases specified in Article 21(1), a declaration, subsequently referred to as the ‘invoice declaration’, given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified ; the text of the invoice declaration appears in Annex IV. |
| --- | --- |

(b)

in the cases specified in Article 21(1), a declaration, subsequently referred to as the ‘invoice declaration’, given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified ; the text of the invoice declaration appears in Annex IV.

2.   Notwithstanding paragraph 1, 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 above.

Article 17

Procedure for the issue of a movement certificate EUR.1

1.   A movement certificate EUR.1 shall be issued by the customs authorities of the exporting country on application having been made in writing by the exporter or, under the exporter’s responsibility, by his authorised representative.

2.   For this purpose, the exporter or his authorised representative shall fill out both the movement certificate EUR.1 and the application form, specimens of which appear in Annex III. These forms shall be completed in one of the languages in which this Agreement is drawn up and in accordance with the provisions of the domestic law of the exporting country. 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 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 the fulfilment of the other requirements of this Protocol.

4.   A movement certificate EUR.1 shall be issued by the customs authorities of a Member State of the Community or of Switzerland if the products concerned can be considered as products originating in the Community, in Switzerland or in one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Protocol.

5.   The customs authorities issuing movement certificates EUR.1 shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of 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. They shall also ensure that the forms referred to in paragraph 2 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.

Article 18

Movement certificates EUR.1 issued retrospectively

1.   Notwithstanding Article 17(7), a movement certificate EUR.1 may exceptionally be issued after exportation of the products to which it relates if:

| (a) | it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances;
  or |
| --- | --- |

(a)

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

or

| (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)

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.

2.   For the implementation of paragraph 1, the exporter must indicate in his application the place and date of exportation of the products to which the movement certificate EUR.1 relates, and state the reasons for his request.

3.   The customs authorities may issue a movement certificate EUR.1 retrospectively only after verifying that the information supplied in the exporter’s application agrees with that in the corresponding file.

4.   Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases:

| ES | ‘EXPEDIDO A POSTERIORI’ |
| --- | --- |
| DA | ‘UDSTEDT EFTERFØLGENDE’ |
| DE | ‘NACHTRÄGLICH AUSGESTELLT’ |
| EL | ‘ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ’ |
| EN | ‘ISSUED RETROSPECTIVELY’ |
| FR | ‘DÉLIVRÉ A POSTERIORI’ |
| IT | ‘RILASCIATO A POSTERIORI’ |
| NL | ‘AFGEGEVEN A POSTERIORI’ |
| PT | ‘EMITIDO A POSTERIORI’ |
| FI | ‘ANNETTU JÄLKIKÄTEEN’ |
| SV | ‘UTFÄRDAT I EFTERHAND’. |

ES

‘EXPEDIDO A POSTERIORI’

DA

‘UDSTEDT EFTERFØLGENDE’

DE

‘NACHTRÄGLICH AUSGESTELLT’

EL

‘ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ’

EN

‘ISSUED RETROSPECTIVELY’

FR

‘DÉLIVRÉ A POSTERIORI’

IT

‘RILASCIATO A POSTERIORI’

NL

‘AFGEGEVEN A POSTERIORI’

PT

‘EMITIDO A POSTERIORI’

FI

‘ANNETTU JÄLKIKÄTEEN’

SV

‘UTFÄRDAT I EFTERHAND’.

5.   The endorsement referred to in paragraph 4 shall be inserted in the ‘Remarks’ box of the movement certificate EUR.1.

Article 19

Issue of a duplicate movement certificate EUR.1

1.   In the event of theft, loss or destruction of a movement certificate EUR.1, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession.

2.   The duplicate issued in this way must be endorsed with one of the following words:

| ES | ‘DUPLICADO’ |
| --- | --- |
| DA | ‘DUPLIKAT’ |
| DE | ‘DUPLIKAT’ |
| EL | ‘ΑΝΤΙΓΡΑΦΟ’ |
| EN | ‘DUPLICATE’ |
| FR | ‘DUPLICATA’ |
| IT | ‘DUPLICATO’ |
| NL | ‘DUPLICAAT’ |
| PT | ‘SEGUNDA VIA’ |
| FI | ‘KAKSOISKAPPALE’ |
| SV | ‘DUPLIKAT’. |

ES

‘DUPLICADO’

DA

‘DUPLIKAT’

DE

‘DUPLIKAT’

EL

‘ΑΝΤΙΓΡΑΦΟ’

EN

‘DUPLICATE’

FR

‘DUPLICATA’

IT

‘DUPLICATO’

NL

‘DUPLICAAT’

PT

‘SEGUNDA VIA’

FI

‘KAKSOISKAPPALE’

SV

‘DUPLIKAT’.

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 20

Issue of movement certificates EUR.1 on the basis of a proof of origin issued or made out previously

When originating products are placed under the control of a customs office in the Community or in Switzerland, it shall be possible to replace the original proof of origin by one or more movement certificates EUR.1 for the purpose of sending all or some of these products elsewhere within the Community or Switzerland. The replacement movement certificate(s) EUR.1 shall be issued by the customs office under whose control the products are placed.

Article 20a

Accounting segregation

1.   Where considerable cost or material difficulties arise in keeping separate stocks of originating and non-originating materials which are identical and interchangeable, the customs authorities may, at the written request of those concerned, authorise the ‘accounting segregation’ method to be used for managing such stocks.

2.   This method must be able to ensure that, for a specific reference-period, the number of products obtained which could be considered as ‘originating’ is the same as that which would have been obtained if there had been physical segregation of the stocks.

3.   The customs authorities may grant such authorisation, subject to any conditions deemed appropriate.

4.   This method is recorded and applied on the basis of the general accounting principles applicable in the country where the product was manufactured.

5.   The beneficiary of this facilitation may issue or apply for proofs 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.

6.   The customs authorities shall monitor the use made of the authorisation and may withdraw it at any time 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.

Article 21

Conditions for making out an invoice declaration

1.   An invoice declaration as referred to in Article 16(1)(b) may be made out:

| (a) | by an approved exporter within the meaning of Article 22;
  or |
| --- | --- |

(a)

by an approved exporter within the meaning of Article 22;

or

| (b) | by any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed EUR 6 000. |
| --- | --- |

(b)

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

2.   An invoice declaration may be made out if the products concerned can be considered as products originating in the Community, in Switzerland or in one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Protocol.

3.   The exporter making out an invoice 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 the fulfilment of the other requirements of this Protocol.

4.   An invoice 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.   Invoice declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 22 shall not be required to sign such declarations provided that he gives the customs authorities of the exporting country a written undertaking that he accepts full responsibility for any invoice declaration which identifies him as if it had been signed in manuscript by him.

6.   An invoice declaration may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that it is presented in the importing country no longer than two years after the importation of the products to which it relates.

Article 22

Approved exporter

1.   The customs authorities of the exporting country may authorise any exporter, hereinafter referred to as ‘approved exporter’, who makes frequent shipments of products under this Agreement to make out invoice declarations irrespective of the value of the products concerned. An exporter seeking such authorisation must offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Protocol.

2.   The customs authorities may grant the status of approved exporter subject to any conditions which they consider appropriate.

3.   The customs authorities shall grant to the approved exporter a customs authorisation number which shall appear on the invoice declaration.

4.   The customs authorities shall monitor the use of the authorisation by the approved exporter.

5.   The customs authorities may withdraw the authorisation at any time. They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, no longer fulfils the conditions referred to in paragraph 2 or otherwise makes an incorrect use of the authorisation.

Article 23

Validity of proof of origin

1.   A proof of origin shall be valid for four months from the date of issue in the exporting country, and must be submitted within the said period to the customs authorities of the importing country.

2.   Proofs of origin which are 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 these 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 proofs of origin where the products have been submitted before the said final date.

Article 24

Submission of proof of origin

Proofs of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. The said authorities may require a translation of a proof of origin and 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 the implementation of the Agreement.

Article 25

Importation by instalments

Where, 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 Harmonised System falling within sections XVI and XVII or headings 7308 and 9406 of the Harmonised 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 26

Exemptions from proof of origin

1.   Products sent as small packages from private persons to private persons or forming part of travellers’ personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Protocol and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on the customs declaration CN22/CN23 or on a sheet of paper annexed 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 these products shall not exceed EUR 500 in the case of small packages or EUR 1 200 in the case of products forming part of travellers’ personal luggage.

Article 27

Supporting documents

The documents referred to in Articles 17(3) and 21(3) used for the purpose of proving that products covered by a movement certificate EUR.1 or an invoice declaration can be considered as products originating in the Community, in Switzerland or in one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Protocol may consist, inter alia, of the following:

| (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 bookkeeping; |
| --- | --- |

(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 bookkeeping;

| (b) | documents proving the originating status of materials used, issued or made out in the Community or in Switzerland where these documents are used in accordance with domestic law; |
| --- | --- |

(b)

documents proving the originating status of materials used, issued or made out in the Community or in Switzerland where these documents are used in accordance with domestic law;

| (c) | documents proving the working or processing of materials in the Community or in Switzerland, issued or made out in the Community or in Switzerland, where these documents are used in accordance with domestic law; |
| --- | --- |

(c)

documents proving the working or processing of materials in the Community or in Switzerland, issued or made out in the Community or in Switzerland, where these documents are used in accordance with domestic law;

| (d) | movement certificates EUR.1 or invoice declarations proving the originating status of materials used, issued or made out in the Community or in Switzerland in accordance with this Protocol, or in one of the other countries referred to in Articles 3 and 4, in accordance with rules of origin which are identical to the rules in this Protocol. |
| --- | --- |

(d)

movement certificates EUR.1 or invoice declarations proving the originating status of materials used, issued or made out in the Community or in Switzerland in accordance with this Protocol, or in one of the other countries referred to in Articles 3 and 4, in accordance with rules of origin which are identical to the rules in this Protocol.

| (e) | appropriate evidence concerning working or processing undergone outside the territories of the Community and Switzerland by application of Article 12, proving that the requirements of that article have been satisfied. |
| --- | --- |

(e)

appropriate evidence concerning working or processing undergone outside the territories of the Community and Switzerland by application of Article 12, proving that the requirements of that article have been satisfied.

Article 28

Preservation of proof of origin and supporting documents

1.   The exporter applying for the issue of a movement certificate EUR.1 shall keep for at least three years the documents referred to in Article 17(3).

2.   The exporter making out an invoice declaration shall keep for at least three years a copy of this invoice declaration as well as the documents referred to in Article 21(3).

3.   The customs authorities of the exporting country issuing a movement certificate EUR.1 shall keep for at least three years the application form referred to in Article 17(2).

4.   The customs authorities of the importing country shall keep for at least three years the movement certificates EUR.1 and the invoice declarations submitted to them.

Article 29

Discrepancies and formal errors

1.   The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that this document does correspond to the products submitted.

2.   Obvious formal 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 correctness of the statements made in this document.

Article 30

Amounts expressed in euro

1.   For the application of the provisions of Article 21(1)(b) and Article 26(3) in cases where products are invoiced in a currency other than euro, amounts in the national currencies of the Member States of the Community, of Switzerland and of the other countries referred to in Articles 3 and 4 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 21(1)(b) 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 Commission of the European Communities by 15 October and shall apply from 1 January the following year. The Commission of the European Communities 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 Joint Committee at the request of the Community or of Switzerland. When carrying out this review, the Joint 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 VI

ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

Article 31

Mutual assistance

1.   The customs authorities of the Member States of the Community and of Switzerland shall provide each other, through the Commission of the European Communities, with specimen impressions of stamps used in their customs offices for the issue of movement certificates EUR.1 and with the addresses of the customs authorities responsible for verifying those certificates and invoice declarations.

2.   In order to ensure the proper application of this Protocol, the Community and Switzerland shall assist each other, through the competent customs administrations, in checking the authenticity of the movement certificates EUR.1 or the invoice declarations and the correctness of the information given in these documents.

Article 32

Verification of proofs of origin

1.   Subsequent verifications of proofs of origin shall be carried out at random or whenever the customs authorities of the importing country have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Protocol.

2.   For the purposes of implementing the provisions of 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 invoice declaration, or a copy of these documents, to the customs authorities of the exporting country giving, where appropriate, the reasons for the enquiry. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.

3.   The verification shall be carried out by the customs authorities of the exporting 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, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.

5.   The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible. These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in the Community, in Switzerland or in one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Protocol.

6.   If in cases of reasonable doubt there is no reply within ten months of the date of the verification request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.

Article 33

Dispute settlement

Where disputes arise in relation to the verification procedures of Article 32 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 Joint Committee.

In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall be under the legislation of the said country.

Article 34

Penalties

Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.

Article 35

Free zones

1.   The Community and Switzerland shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

2.   By means of an exemption to the provisions contained in paragraph 1, when products originating in the Community or in Switzerland 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 is in conformity with the provisions of this Protocol.

TITLE VII

CEUTA AND MELILLA

Article 36

Application of the Protocol

1.   The term ‘Community’ used in Article 2 does not cover Ceuta and Melilla.

2.   Products originating in Switzerland, 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 Community under Protocol 2 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities. Switzerland 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 Community.

3.   For the purpose of the application of paragraph 2 concerning products originating in Ceuta and Melilla, this Protocol shall apply, mutatis mutandis, subject to the special conditions set out in Article 7.

Article 37

Special conditions

1.   Providing they have been transported directly in accordance with the provisions of Article 13, the following shall be considered as:

| 1. | products originating in Ceuta and Melilla:






  (a) | products wholly obtained in Ceuta and Melilla; |
| --- | --- | --- |

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) | the said products have undergone sufficient working or processing within the meaning of Article 6;
  or that |
| --- | --- | --- |

(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)

the said products have undergone sufficient working or processing within the meaning of Article 6;

or that

| (ii) | those products are originating in Switzerland or in the Community, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 7. |
| --- | --- |

(ii)

those products are originating in Switzerland or in the Community, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 7.

| 2. | products originating in Switzerland:






  (a) | products wholly obtained in Switzerland; |
| --- | --- | --- |

2.

products originating in Switzerland:

(a)

products wholly obtained in Switzerland;

| (b) | products obtained in Switzerland, in the manufacture of which products other than those referred to in (a) are used, provided that:






  (i) | the said products have undergone sufficient working or processing within the meaning of Article 6;
  or that |
| --- | --- | --- |

(b)

products obtained in Switzerland, in the manufacture of which products other than those referred to in (a) are used, provided that:

(i)

the said products have undergone sufficient working or processing within the meaning of Article 6;

or that

| (ii) | those products are originating in Ceuta and Melilla or in the Community, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 7. |
| --- | --- |

(ii)

those products are originating in Ceuta and Melilla or in the Community, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 7.

2.   Ceuta and Melilla shall be considered as a single territory.

3.   The exporter or his authorised representative shall enter ‘Switzerland’ and ‘Ceuta and Melilla’ in Box 2 of movement certificates EUR.1 or on invoice declarations. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in Box 4 of movement certificates EUR.1 or on invoice declarations.

4.   The Spanish customs authorities shall be responsible for the application of this Protocol in Ceuta and Melilla.

TITLE VIII

FINAL PROVISIONS

Article 38

Amendments to the Protocol

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

---

(1)  The Principality of Liechtenstein has a customs union with Switzerland, and is a Contracting Party to the Agreement on the European Economic Area.

(2)  Cumulation as provided for in this Article does not apply to materials originating in Turkey which are mentioned in the list at Annex V.

ANNEX I

INTRODUCTORY NOTES TO THE LIST IN ANNEX II

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 6 of the Protocol.

Note 2:

| 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 Harmonised 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 column 3 or 4. Where, in some cases, the entry in the first column is preceded by an ‘ex’, this signifies that the rules in column 3 or 4 apply only to the part of that heading as described in column 2. |
| --- | --- |

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 Harmonised 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 column 3 or 4. Where, in some cases, the entry in the first column is preceded by an ‘ex’, this signifies that the rules in column 3 or 4 apply only to the part of that heading as described in column 2.

| 2.2. | Where several heading numbers are grouped together in column 1 or a chapter number is given and the description of products in column 2 is therefore given in general terms, the adjacent rules in column 3 or 4 apply to all products which, under the Harmonised System, are classified in headings of the chapter or in any of the headings grouped together in column 1. |
| --- | --- |

2.2.

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 Harmonised System, are classified in headings of the chapter or in any of the headings grouped together in column 1.

| 2.3. | Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in column 3 or 4. |
| --- | --- |

2.3.

Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in column 3 or 4.

| 2.4. | Where, for an entry in the first two columns, a rule is specified in both columns 3 and 4, the exporter may opt, as an alternative, 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 is to be applied. |
| --- | --- |

2.4.

Where, for an entry in the first two columns, a rule is specified in both columns 3 and 4, the exporter may opt, as an alternative, 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 is to be applied.

Note 3:

| 3.1. | The provisions of Article 6 of the Protocol, concerning products having acquired originating status which are used in the manufacture of other products, shall apply, regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the Community or in Switzerland.
  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 ex 7224.
  If this forging has been forged in the Community from a non-originating ingot, it has already acquired originating status by virtue of the rule for heading ex 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 Community. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used. |
| --- | --- |

3.1.

The provisions of Article 6 of the Protocol, concerning products having acquired originating status which are used in the manufacture of other products, shall apply, regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the Community or in Switzerland.

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 ex 7224.

If this forging has been forged in the Community from a non-originating ingot, it has already acquired originating status by virtue of the rule for heading ex 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 Community. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.

| 3.2. | 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. Thus, if a rule provides that non-originating material, at a certain level of manufacture, may be used, the use of such material at an earlier stage of manufacture is allowed, and the use of such material at a later stage is not. |
| --- | --- |

3.2.

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

| 3.3. | Without prejudice to note 3.2, where a rule uses the expression ‘Manufacture from materials of any heading’, then materials of any heading(s) (even materials of the same description and heading as the product) may be used, subject, however, to any specific limitations which may also be contained in the rule.
  However, the expression ‘Manufacture from materials of any heading, including other materials of heading ...’ or ‘Manufacture from materials of any heading, including other materials of the same heading as the product’ means that materials of any heading(s) may be used, except those of the same description as the product as given in column 2 of the list. |
| --- | --- |

3.3.

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

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

| 3.4. | When a rule in the list specifies that a product may be manufactured from more than one material, this means that one or more materials may be used. It does not require that all be used.
  Example:
  The rule for fabrics of headings 5208 to 5212 provides 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. |
| --- | --- |

3.4.

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

Example:

The rule for fabrics of headings 5208 to 5212 provides 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.

| 3.5. | 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 6.2 below in relation to textiles).
  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 products 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.
  Example:
  In the case of an article of apparel of ex Chapter 62 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. |
| --- | --- |

3.5.

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 6.2 below in relation to textiles).

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 products 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.

Example:

In the case of an article of apparel of ex Chapter 62 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.

| 3.6. | Where, in a rule in the list, two percentages are given for the maximum value of non-originating materials that can be used, then these 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. |
| --- | --- |

3.6.

Where, in a rule in the list, two percentages are given for the maximum value of non-originating materials that can be used, then these 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 4:

| 4.1. | The term ‘natural fibres’ is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres which have been carded, combed or otherwise processed, but not spun. |
| --- | --- |

4.1.

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

| 4.2. | The term ‘natural fibres’ includes horsehair of heading 0503, silk of headings 5002 and 5003, as well as wool-fibres and fine or coarse animal hair of headings 5101 to 5105, cotton fibres of headings 5201 to 5203, and other vegetable fibres of headings 5301 to 5305. |
| --- | --- |

4.2.

The term ‘natural fibres’ includes horsehair of heading 0503, silk of headings 5002 and 5003, as well as wool-fibres and fine or coarse animal hair of headings 5101 to 5105, cotton fibres of headings 5201 to 5203, and other vegetable fibres of headings 5301 to 5305.

| 4.3. | The terms ‘textile pulp’, ‘chemical materials’ and ‘paper-making materials’ are used in the list to describe the materials, not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns. |
| --- | --- |

4.3.

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

| 4.4. | 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. |
| --- | --- |

4.4.

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

Note 5:

| 5.1. | 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). |
| --- | --- |

5.1.

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).

| 5.2. | However, the tolerance mentioned in Note 5.1 may be applied only to mixed products which have been made from two or more basic textile materials.
  The following are the basic textile materials:






  — | silk, |
| --- | --- | --- |

5.2.

However, the tolerance mentioned in Note 5.1 may be applied only to mixed products which have been made from two or more basic textile materials.

The following are the basic textile materials:

—

silk,

| — | wool, |
| --- | --- |

—

wool,

| — | coarse animal hair, |
| --- | --- |

—

coarse animal hair,

| — | fine animal hair, |
| --- | --- |

—

fine animal hair,

| — | horsehair, |
| --- | --- |

—

horsehair,

| — | cotton, |
| --- | --- |

—

cotton,

| — | paper-making materials and paper, |
| --- | --- |

—

paper-making materials and paper,

| — | flax, |
| --- | --- |

—

flax,

| — | true hemp, |
| --- | --- |

—

true hemp,

| — | jute and other textile bast fibres, |
| --- | --- |

—

jute and other textile bast fibres,

| — | sisal and other textile fibres of the genus Agave, |
| --- | --- |

—

sisal and other textile fibres of the genus Agave,

| — | coconut, abaca, ramie and other vegetable textile fibres, |
| --- | --- |

—

coconut, abaca, ramie and other vegetable textile fibres,

| — | synthetic man-made filaments, |
| --- | --- |

—

synthetic man-made filaments,

| — | artificial man-made filaments, |
| --- | --- |

—

artificial man-made filaments,

| — | current-conducting filaments, |
| --- | --- |

—

current-conducting filaments,

| — | synthetic man-made staple fibres of polypropylene, |
| --- | --- |

—

synthetic man-made staple fibres of polypropylene,

| — | synthetic man-made staple fibres of polyester, |
| --- | --- |

—

synthetic man-made staple fibres of polyester,

| — | synthetic man-made staple fibres of polyamide, |
| --- | --- |

—

synthetic man-made staple fibres of polyamide,

| — | synthetic man-made staple fibres of polyacrylonitrile, |
| --- | --- |

—

synthetic man-made staple fibres of polyacrylonitrile,

| — | synthetic man-made staple fibres of polyimide, |
| --- | --- |

—

synthetic man-made staple fibres of polyimide,

| — | synthetic man-made staple fibres of polytetrafluoroethylene, |
| --- | --- |

—

synthetic man-made staple fibres of polytetrafluoroethylene,

| — | synthetic man-made staple fibres of poly(phenylene sulphide), |
| --- | --- |

—

synthetic man-made staple fibres of poly(phenylene sulphide),

| — | synthetic man-made staple fibres of poly(vinyl chloride), |
| --- | --- |

—

synthetic man-made staple fibres of poly(vinyl chloride),

| — | other synthetic man-made staple fibres, |
| --- | --- |

—

other synthetic man-made staple fibres,

| — | artificial man-made staple fibres of viscose, |
| --- | --- |

—

artificial man-made staple fibres of viscose,

| — | other artificial man-made staple fibres, |
| --- | --- |

—

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 polyether, whether or not gimped,

| — | yarn made of polyurethane segmented with flexible segments of polyester, 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, |
| --- | --- |

—

products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film,

| — | other products of heading 5605. |
| --- | --- |

—

other products of heading 5605.

Example:

A yarn, of heading 5205, made from cotton fibres of heading 5203 and synthetic staple fibres of heading 5506, is a mixed yarn. Therefore, non-originating synthetic staple fibres which do not satisfy the origin-rules (which require manufacture from chemical materials or textile pulp) may be used, provided that their total weight does not exceed 10 % of the weight of the yarn.

Example:

A woollen fabric, of heading 5112, made from woollen yarn of heading 5107 and synthetic yarn of staple fibres of heading 5509, is a mixed fabric. Therefore, synthetic yarn which does not satisfy the origin rules (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.

Example:

Tufted textile fabric, of heading 5802, made from cotton yarn of heading 5205 and cotton fabric of heading 5210, is a only mixed product if the cotton fabric is itself a mixed fabric made from yarns classified in two separate headings, or if the cotton yarns used are themselves mixtures.

Example:

If the tufted textile fabric concerned had been made from cotton yarn of heading 5205 and synthetic fabric of heading 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is, accordingly, a mixed product.

| 5.3. | In the case of products incorporating ‘yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped’, this tolerance is 20 % in respect of this yarn. |
| --- | --- |

5.3.

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

| 5.4. | In the case of products incorporating ‘strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film’, this tolerance is 30 % in respect of this strip. |
| --- | --- |

5.4.

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

Note 6:

| 6.1. | Where, in the list, reference is made to this Note, textile materials (with the exception of linings and interlinings), which do not satisfy the rule set out in the list in column 3 for the made-up product concerned, may be used, provided that they are classified in a heading other than that of the product and that their value does not exceed 8 % of the ex-works price of the product. |
| --- | --- |

6.1.

Where, in the list, reference is made to this Note, textile materials (with the exception of linings and interlinings), which do not satisfy the rule set out in the list in column 3 for the made-up product concerned, may be used, provided that they are classified in a heading other than that of the product and that their value does not exceed 8 % of the ex-works price of the product.

| 6.2. | Without prejudice to note 6.3, materials, which are not classified within Chapters 50 to 63, may be used freely in the manufacture of textile products, whether or not they contain textiles.
  Example:
  If a rule in the list provides that, for a particular textile item (such as trousers), yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners, even though slide-fasteners normally contain textiles. |
| --- | --- |

6.2.

Without prejudice to note 6.3, materials, which are not classified within Chapters 50 to 63, may be used freely in the manufacture of textile products, whether or not they contain textiles.

Example:

If a rule in the list provides that, for a particular textile item (such as trousers), yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners, even though slide-fasteners normally contain textiles.

| 6.3. | Where a percentage-rule applies, the value of materials which are not classified within Chapters 50 to 63 must be taken into account when calculating the value of the non-originating materials incorporated. |
| --- | --- |

6.3.

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

Note 7:

| 7.1. | For the purposes of headings ex ex 2707, 2713 to 2715, ex ex 2901, ex ex 2902 and ex ex 3403, the ‘specific processes’ are the following:






  (a) | vacuum-distillation; |
| --- | --- | --- |

7.1.

For the purposes of headings ex ex 2707, 2713 to 2715, ex ex 2901, ex ex 2902 and ex ex 3403, the ‘specific processes’ are the following:

(a)

vacuum-distillation;

| (b) | redistillation by a very thorough fractionation-process; |
| --- | --- |

(b)

redistillation by a very thorough fractionation-process;

| (c) | cracking; |
| --- | --- |

(c)

cracking;

| (d) | reforming; |
| --- | --- |

(d)

reforming;

| (e) | extraction by means of selective solvents; |
| --- | --- |

(e)

extraction by means of selective solvents;

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

(f)

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

| (g) | polymerisation; |
| --- | --- |

(g)

polymerisation;

| (h) | alkylation; |
| --- | --- |

(h)

alkylation;

| (i) | isomerisation. |
| --- | --- |

(i)

isomerisation.

| 7.2. | For the purposes of headings 2710, 2711 and 2712, the ‘specific processes’ are the following:






  (a) | vacuum-distillation; |
| --- | --- | --- |

7.2.

For the purposes of headings 2710, 2711 and 2712, the ‘specific processes’ are the following:

(a)

vacuum-distillation;

| (b) | redistillation by a very thorough fractionation-process; |
| --- | --- |

(b)

redistillation by a very thorough fractionation-process;

| (c) | cracking; |
| --- | --- |

(c)

cracking;

| (d) | reforming; |
| --- | --- |

(d)

reforming;

| (e) | extraction by means of selective solvents; |
| --- | --- |

(e)

extraction by means of selective solvents;

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

(f)

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

| (g) | polymerisation; |
| --- | --- |

(g)

polymerisation;

| (h) | alkylation; |
| --- | --- |

(h)

alkylation;

| (ij) | isomerisation; |
| --- | --- |

(ij)

isomerisation;

| (k) | in respect of heavy oils of heading ex 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 heavy oils of heading ex 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);

| (l) | in respect of products of heading 2710 only, deparaffining by a process other than filtering; |
| --- | --- |

(l)

in respect of products of heading 2710 only, deparaffining by a process other than filtering;

| (m) | in respect of heavy oils of heading ex ex 2710 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 °C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment, with hydrogen, of lubricating oils of heading ex 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 heavy oils of heading ex ex 2710 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 °C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment, with hydrogen, of lubricating oils of heading ex 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;

| (n) | in respect of fuel oils of heading ex ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C by the ASTM D 86 method; |
| --- | --- |

(n)

in respect of fuel oils of heading ex ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C by the ASTM D 86 method;

| (o) | in respect of heavy oils other than gas oils and fuel oils of heading ex ex 2710 only, treatment by means of a high-frequency electrical brush-discharge; |
| --- | --- |

(o)

in respect of heavy oils other than gas oils and fuel oils of heading ex ex 2710 only, treatment by means of a high-frequency electrical brush-discharge;

| (p) | in respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0,75 % of oil) of heading ex ex 2712 only, de-oiling by fractional crystallisation. |
| --- | --- |

(p)

in respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0,75 % of oil) of heading ex ex 2712 only, de-oiling by fractional crystallisation.

| 7.3. | For the purposes of headings ex ex 2707, 2713 to 2715, ex ex 2901, ex ex 2902 and ex 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, or any combination of these operations or like operations, do not confer origin. |
| --- | --- |

7.3.

For the purposes of headings ex ex 2707, 2713 to 2715, ex ex 2901, ex ex 2902 and ex 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, or any combination of these operations or like operations, do not confer origin.

ANNEX II

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

The products mentioned in the list may not be all covered by the Agreement. It is, therefore, necessary to consult the other parts of the Agreement.

| HS heading | Description of product | Working or processing, carried out on non-originating materials, which confers originating status |
| --- | --- | --- |
| (1) | (2) | (3) or (4) |
| Chapter 1 | Live animals | All the animals of Chapter 1 shall be wholly obtained | |
| Chapter 2 | Meat and edible meat offal | Manufacture in which all the materials of Chapters 1 and 2 used are wholly obtained | |
| Chapter 3 | Fish and crustaceans, molluscs and other aquatic invertebrates | Manufacture in which all the materials of Chapter 3 used are wholly obtained | |
| ex Chapter 4 | Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included; except for: | Manufacture in which all the materials of Chapter 4 used are wholly obtained | |
| 0403 | Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa | Manufacture in which:






  — | all the materials of Chapter 4 used are wholly obtained, |

HS heading

Description of product

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

(1)

(2)

(3) or (4)

Chapter 1

Live animals

All the animals of Chapter 1 shall be wholly obtained

Chapter 2

Meat and edible meat offal

Manufacture in which all the materials of Chapters 1 and 2 used are wholly obtained

Chapter 3

Fish and crustaceans, molluscs and other aquatic invertebrates

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

ex Chapter 4

Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included; except for:

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

0403

Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa

Manufacture in which:

—

all the materials of Chapter 4 used are wholly obtained,

| — | all the fruit juice (except that of pineapple, lime or grapefruit) of heading 2009 used is originating, and |
| --- | --- |

—

all the fruit juice (except that of pineapple, lime or grapefruit) of heading 2009 used is originating, and

| — | the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product |
| --- | --- |

—

the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

ex Chapter 5

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

Manufacture in which all the materials of Chapter 5 used are wholly obtained

ex ex 0502

Prepared pigs’, hogs’ or boars’ bristles and hair

Cleaning, disinfecting, sorting and straightening of bristles and hair

Chapter 6

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

Manufacture in which:

| — | all the materials of Chapter 6 used are wholly obtained, and |
| --- | --- |

—

all the materials of Chapter 6 used are wholly obtained, and

| — | the value of all the materials used does not exceed 50 % of the ex-works price of the product |
| --- | --- |

—

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

Chapter 7

Edible vegetables and certain roots and tubers

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

Chapter 8

Edible fruit and nuts; peel of citrus fruits or melons

Manufacture in which:

| — | all the fruit and nuts used are wholly obtained, and |
| --- | --- |

—

all the fruit and nuts used are wholly obtained, and

| — | the value of all the materials of Chapter 17 used does not exceed 30 % of the value of the ex-works price of the product |
| --- | --- |

—

the value of all the materials of Chapter 17 used does not exceed 30 % of the value of the ex-works price of the product

ex Chapter 9

Coffee, tea, maté and spices; except for:

Manufacture in which all the materials of Chapter 9 used are wholly obtained

0901

Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion

Manufacture from materials of any heading

0902

Tea, whether or not flavoured

Manufacture from materials of any heading

ex ex 0910

Mixtures of spices

Manufacture from materials of any heading

Chapter 10

Cereals

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

ex Chapter 11

Products of the milling industry; malt; starches; inulin; wheat gluten; except for:

Manufacture in which all the cereals, edible vegetables, roots and tubers of heading 0714 or fruit used are wholly obtained

ex ex 1106

Flour, meal and powder of the dried, shelled leguminous vegetables of heading 0713

Drying and milling of leguminous vegetables of heading 0708

Chapter 12

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

Manufacture in which all the materials of Chapter 12 used are wholly obtained

1301

Lac; natural gums, resins, gum-resins and oleoresins (for example, balsams)

Manufacture in which the value of all the materials of heading 1301 used does not exceed 50 % of the ex-works price of the product

1302

Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:

– Mucilages and thickeners, modified, derived from vegetable products

Manufacture from non-modified mucilages and thickeners

– Other

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

Chapter 14

Vegetable plaiting materials; vegetable products not elsewhere specified or included

Manufacture in which all the materials of Chapter 14 used are wholly obtained

ex Chapter 15

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

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

1501

Pig fat (including lard) and poultry fat, other than that of heading 0209 or 1503:

– Fats from bones or waste

Manufacture from materials of any heading, except those of heading 0203, 0206 or 0207 or bones of heading 0506

– Other

Manufacture from meat or edible offal of swine of heading 0203 or 0206 or of meat and edible offal of poultry of heading 0207

1502

Fats of bovine animals, sheep or goats, other than those of heading 1503

– Fats from bones or waste

Manufacture from materials of any heading, except those of heading 0201, 0202, 0204 or 0206 or bones of heading 0506

– Other

Manufacture in which all the materials of Chapter 2 used are wholly obtained

1504

Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified:

– Solid fractions

Manufacture from materials of any heading, including other materials of heading 1504

– Other

Manufacture in which all the materials of Chapters 2 and 3 used are wholly obtained

ex ex 1505

Refined lanolin

Manufacture from crude wool grease of heading 1505

1506

Other animal fats and oils and their fractions, whether or not refined, but not chemically modified:

– Solid fractions

Manufacture from materials of any heading, including other materials of heading 1506

– Other

Manufacture in which all the materials of Chapter 2 used are wholly obtained

1507 to 1515

Vegetable oils and their fractions:

– Soya, ground nut, palm, 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

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

– Solid fractions, except for that of jojoba oil

Manufacture from other materials of headings 1507 to 1515

– Other

Manufacture in which all the vegetable materials used are wholly obtained

1516

Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared

Manufacture in which:

| — | all the materials of Chapter 2 used are wholly obtained, and |
| --- | --- |

—

all the materials of Chapter 2 used are wholly obtained, and

| — | all the vegetable materials used are wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used |
| --- | --- |

—

all the vegetable materials used are wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used

1517

Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 1516

Manufacture in which:

| — | all the materials of Chapters 2 and 4 used are wholly obtained, and |
| --- | --- |

—

all the materials of Chapters 2 and 4 used are wholly obtained, and

| — | all the vegetable materials used are wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used |
| --- | --- |

—

all the vegetable materials used are wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used

Chapter 16

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

Manufacture:

| — | from animals of Chapter 1, and/or |
| --- | --- |

—

from animals of Chapter 1, and/or

| — | in which all the materials of Chapter 3 used are wholly obtained |
| --- | --- |

—

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

ex Chapter 17

Sugars and sugar confectionery; except for:

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

ex ex 1701

Cane or beet sugar and chemically pure sucrose, in solid form, containing added flavouring or colouring matter

Manufacture in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

1702

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

– Chemically-pure maltose and fructose

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

– Other sugars in solid form, containing added flavouring or colouring matter

Manufacture in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

– Other

Manufacture in which all the materials used are originating

ex ex 1703

Molasses resulting from the extraction or refining of sugar, containing added flavouring or colouring matter

Manufacture in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

1704

Sugar confectionery (including white chocolate), not containing cocoa

Manufacture:

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

—

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

| — | in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product |
| --- | --- |

—

in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

Chapter 18

Cocoa and cocoa preparations

Manufacture:

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

—

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

| — | in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product |
| --- | --- |

—

in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

1901

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

– Malt extract

Manufacture from cereals of Chapter 10

– Other

Manufacture:

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

—

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

| — | in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product |
| --- | --- |

—

in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

1902

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

– Containing 20 % or less by weight of meat, meat offal, fish, crustaceans or molluscs

Manufacture in which all the cereals and derivatives (except durum wheat and its derivatives) used are wholly obtained

– Containing more than 20 % by weight of meat, meat offal, fish, crustaceans or molluscs

Manufacture in which:

| — | all the cereals and their derivatives (except durum wheat and its derivatives) used are wholly obtained, and |
| --- | --- |

—

all the cereals and their derivatives (except durum wheat and its derivatives) used are wholly obtained, and

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

—

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

1903

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

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

1904

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

Manufacture:

| — | from materials of any heading, except those of heading 1806, |
| --- | --- |

—

from materials of any heading, except those of heading 1806,

| — | in which all the cereals and flour (except durum wheat and Zea indurata maize, and their derivatives) used are wholly obtained, and |
| --- | --- |

—

in which all the cereals and flour (except durum wheat and Zea indurata maize, and their derivatives) used are wholly obtained, and

| — | in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product |
| --- | --- |

—

in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

1905

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

Manufacture from materials of any heading, except those of Chapter 11

ex Chapter 20

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

Manufacture in which all the fruit, nuts or vegetables used are wholly obtained

ex ex 2001

Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, prepared or preserved by vinegar or acetic acid

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

ex ex 2004 and ex ex 2005

Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid

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

2006

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

Manufacture in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

2007

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

Manufacture:

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

—

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

| — | in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product |
| --- | --- |

—

in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

ex ex 2008

– Nuts, not containing added sugar or spirits

Manufacture in which the value of all the originating nuts and oil seeds of headings 0801, 0802 and 1202 to 1207 used exceeds 60 % of the ex-works price of the product

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

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

– Other except for fruit and nuts cooked otherwise than by steaming or boiling in water, not containing added sugar, frozen

Manufacture:

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

—

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

| — | in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product |
| --- | --- |

—

in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

2009

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

Manufacture:

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

—

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

| — | in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product |
| --- | --- |

—

in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

ex Chapter 21

Miscellaneous edible preparations; except for:

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

2101

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

Manufacture:

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

—

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

| — | in which all the chicory used is wholly obtained |
| --- | --- |

—

in which all the chicory used is wholly obtained

2103

Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:

– Sauces and preparations therefor; mixed condiments and mixed seasonings

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

– Mustard flour and meal and prepared mustard

Manufacture from materials of any heading

ex ex 2104

Soups and broths and preparations therefor

Manufacture from materials of any heading, except prepared or preserved vegetables of headings 2002 to 2005

2106

Food preparations not elsewhere specified or included

Manufacture:

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

—

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

| — | in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product |
| --- | --- |

—

in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

ex Chapter 22

Beverages, spirits and vinegar; except for:

Manufacture:

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

—

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

| — | in which all the grapes or materials derived from grapes used are wholly obtained |
| --- | --- |

—

in which all the grapes or materials derived from grapes used are wholly obtained

2202

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

Manufacture:

| — | from materials of any heading, except that of the product, |
| --- | --- |

—

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

| — | in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product, and |
| --- | --- |

—

in which the value of all the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product, and

| — | in which all the fruit juice used (except that of pineapple, lime or grapefruit) is originating |
| --- | --- |

—

in which all the fruit juice used (except that of pineapple, lime or grapefruit) is originating

2207

Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol and other spirits, denatured, of any strength

Manufacture:

| — | from materials of any heading, except heading 2207 or 2208, and |
| --- | --- |

—

from materials of any heading, except heading 2207 or 2208, and

| — | in which all the grapes or materials derived from grapes used are wholly obtained or, if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume |
| --- | --- |

—

in which all the grapes or materials derived from grapes used are wholly obtained or, if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume

2208

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

Manufacture:

| — | from materials of any heading, except heading 2207 or 2208, and |
| --- | --- |

—

from materials of any heading, except heading 2207 or 2208, and

| — | in which all the grapes or materials derived from grapes used are wholly obtained or, if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume |
| --- | --- |

—

in which all the grapes or materials derived from grapes used are wholly obtained or, if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume

ex Chapter 23

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

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

ex ex 2301

Whale meal; flours, meals and pellets of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption

Manufacture in which all the materials of Chapters 2 and 3 used are wholly obtained

ex ex 2303

Residues from the manufacture of starch from maize (excluding concentrated steeping liquors), of a protein content, calculated on the dry product, exceeding 40 % by weight

Manufacture in which all the maize used is wholly obtained

ex ex 2306

Oil cake and other solid residues resulting from the extraction of olive oil, containing more than 3 % of olive oil

Manufacture in which all the olives used are wholly obtained

2309

Preparations of a kind used in animal feeding

Manufacture in which:

| — | all the cereals, sugar or molasses, meat or milk used are originating, and |
| --- | --- |

—

all the cereals, sugar or molasses, meat or milk used are originating, and

| — | all the materials of Chapter 3 used are wholly obtained |
| --- | --- |

—

all the materials of Chapter 3 used are wholly obtained

ex Chapter 24

Tobacco and manufactured tobacco substitutes; except for:

Manufacture in which all the materials of Chapter 24 used are wholly obtained

2402

Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes

Manufacture in which at least 70 % by weight of the unmanufactured tobacco or tobacco refuse of heading 2401 used is originating

ex ex 2403

Smoking tobacco

Manufacture in which at least 70 % by weight of the unmanufactured tobacco or tobacco refuse of heading 2401 used is originating

ex Chapter 25

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

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

ex ex 2504

Natural crystalline graphite, with enriched carbon content, purified and ground

Enriching of the carbon content, purifying and grinding of crude crystalline graphite

ex ex 2515

Marble, merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape, of a thickness not exceeding 25 cm

Cutting, by sawing or otherwise, of marble (even if already sawn) of a thickness exceeding 25 cm

ex ex 2516

Granite, porphyry, basalt, sandstone and other monumental or building stone, merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape, of a thickness not exceeding 25 cm

Cutting, by sawing or otherwise, of stone (even if already sawn) of a thickness exceeding 25 cm

ex ex 2518

Calcined dolomite

Calcination of dolomite not calcined

ex ex 2519

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

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

ex ex 2520

Plasters specially prepared for dentistry

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

ex ex 2524

Natural asbestos fibres

Manufacture from asbestos concentrate

ex ex 2525

Mica powder

Grinding of mica or mica waste

ex ex 2530

Earth colours, calcined or powdered

Calcination or grinding of earth colours

Chapter 26

Ores, slag and ash

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

ex Chapter 27

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

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

ex ex 2707

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

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

or

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

ex ex 2709

Crude oils obtained from bituminous minerals

Destructive distillation of bituminous materials

2710

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

Operations of refining and/or one or more specific process(es) (2)

or

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

2711

Petroleum gases and other gaseous hydrocarbons

Operations of refining and/or one or more specific process(es) (2)

or

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

2712

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

Operations of refining and/or one or more specific process(es) (2)

or

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

2713

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

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

or

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

2714

Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphaltites and asphaltic rocks

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

or

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

2715

Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cut-backs)

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

or

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

ex Chapter 28

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

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

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

ex ex 2805

‘Mischmetall’

Manufacture by electrolytic or thermal treatment in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex ex 2811

Sulphur trioxide

Manufacture from sulphur dioxide

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

ex ex 2833

Aluminium sulphate

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

ex ex 2840

Sodium perborate

Manufacture from disodium tetraborate pentahydrate

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

ex Chapter 29

Organic chemicals; except for:

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

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

ex ex 2901

Acyclic hydrocarbons for use as power or heating fuels

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

or

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

ex ex 2902

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

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

or

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

ex ex 2905

Metal alcoholates of alcohols of this heading and of ethanol

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

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

2915

Saturated acyclic monocarboxylic acids and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives

Manufacture from materials of any heading. However, the value of all the materials of headings 2915 and 2916 used shall not exceed 20 % of the ex-works price of the product

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

ex ex 2932

– Internal ethers and their halogenated, sulphonated, nitrated or nitrosated derivatives

Manufacture from materials of any heading. However, the value of all the materials of heading 2909 used shall not exceed 20 % of the ex-works price of the product

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

– Cyclic acetals and internal hemiacetals and their halogenated, sulphonated, nitrated or nitrosated derivatives

Manufacture from materials of any heading

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

2933

Heterocyclic compounds with nitrogen hetero-atom(s) only

Manufacture from materials of any heading. However, the value of all the materials of headings 2932 and 2933 used shall not exceed 20 % of the ex-works price of the product

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

2934

Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds

Manufacture from materials of any heading. However, the value of all the materials of headings 2932, 2933 and 2934 used shall not exceed 20 % of the ex-works price of the product

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

ex ex 2939

Concentrates of poppy straw containing not less than 50 % by weight of alkaloids

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

ex Chapter 30

Pharmaceutical products; except for:

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

3002

Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products:

– Products consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses or unmixed products for these uses, put up in measured doses or in forms or packings for retail sale

Manufacture from materials of any heading, including other materials of heading 3002. However, materials of the same description as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

– Other

– – Human blood

Manufacture from materials of any heading, including other materials of heading 3002. However, materials of the same description as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

– – Animal blood prepared for therapeutic or prophylactic uses

Manufacture from materials of any heading, including other materials of heading 3002. However, materials of the same description as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

– – Blood fractions other than antisera, haemoglobin, blood globulins and serum globulins

Manufacture from materials of any heading, including other materials of heading 3002. However, materials of the same description as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

– – Haemoglobin, blood globulins and serum globulins

Manufacture from materials of any heading, including other materials of heading 3002. However, materials of the same description as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

– – Other

Manufacture from materials of any heading, including other materials of heading 3002. However, materials of the same description as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

3003 and 3004

Medicaments (excluding goods of heading 3002, 3005 or 3006):

– Obtained from amikacin of heading 2941

Manufacture from materials of any heading, except that of the product. However, materials of headings 3003 and 3004 may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

– Other

Manufacture:

| — | from materials of any heading, except that of the product. However, materials of headings 3003 and 3004 may be used, provided that their total value does not exceed 20 % of the ex-works price of the product, and |
| --- | --- |

—

from materials of any heading, except that of the product. However, materials of headings 3003 and 3004 may be used, provided that their total value does not exceed 20 % of the ex-works price of the product, and

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

—

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

ex ex 3006

Waste pharmaceuticals specified in note 4(k) to this Chapter

The origin of the product in its original classification shall be retained

ex Chapter 31

Fertilisers; except for:

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

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

ex ex 3105

Mineral or chemical fertilisers containing two or three of the fertilising elements nitrogen, phosphorous and potassium; other fertilisers; goods of this chapter, in tablets or similar forms or in packages of a gross weight not exceeding 10 kg, except for:

| — | sodium nitrate |
| --- | --- |

—

sodium nitrate

| — | calcium cyanamide |
| --- | --- |

—

calcium cyanamide

| — | potassium sulphate |
| --- | --- |

—

potassium sulphate

| — | magnesium potassium sulphate |
| --- | --- |

—

magnesium potassium sulphate

Manufacture:

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

—

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

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

—

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

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

ex Chapter 32

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

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

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

ex ex 3201

Tannins and their salts, ethers, esters and other derivatives

Manufacture from tanning extracts of vegetable origin

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

3205

Colour lakes; preparations as specified in note 3 tor this Chapter based on colour lakes (3)

Manufacture from materials of any heading, except headings 3203, 3204 and 3205. However, materials of heading 3205 may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

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

ex Chapter 33

Essential oils and resinoids; perfumery, cosmetic or toilet preparations; except for:

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

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

3301

Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils

Manufacture from materials of any heading, including materials of a different ‘group’ (4) in this heading. However, materials of the same group as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

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

ex Chapter 34

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

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

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

ex ex 3403

Lubricating preparations containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals

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

or

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

3404

Artificial waxes and prepared waxes:

– With a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax

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

– Other

Manufacture from materials of any heading, except:

| — | hydrogenated oils having the character of waxes of heading 1516, |
| --- | --- |

—

hydrogenated oils having the character of waxes of heading 1516,

| — | fatty acids not chemically defined or industrial fatty alcohols having the character of waxes of heading 3823, and |
| --- | --- |

—

fatty acids not chemically defined or industrial fatty alcohols having the character of waxes of heading 3823, and

| — | materials of heading 3404 |
| --- | --- |

—

materials of heading 3404

However, these materials may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

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

ex Chapter 35

Albuminoidal substances; modified starches; glues; enzymes; except for:

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

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

3505

Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches:

– Starch ethers and esters

Manufacture from materials of any heading, including other materials of heading 3505

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

– Other

Manufacture from materials of any heading, except those of heading 1108

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

ex ex 3507

Prepared enzymes not elsewhere specified or included

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

Chapter 36

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

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

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

ex Chapter 37

Photographic or cinematographic goods; except for:

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

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

3701

Photographic plates and film in the flat, sensitised, unexposed, of any material other than paper, paperboard or textiles; instant print film in the flat, sensitised, unexposed, whether or not in packs:

– Instant print film for colour photography, in packs

Manufacture from materials of any heading, except those of headings 3701 and 3702. However, materials of heading 3702 may be used, provided that their total value does not exceed 30 % of the ex-works price of the product

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

– Other

Manufacture from materials of any heading, except those of headings 3701 and 3702. However, materials of headings 3701 and 3702 may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

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

3702

Photographic film in rolls, sensitised, unexposed, of any material other than paper, paperboard or textiles; instant print film in rolls, sensitised, unexposed

Manufacture from materials of any heading, except those of headings 3701 and 3702

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

3704

Photographic plates, film paper, paperboard and textiles, exposed but not developed

Manufacture from materials of any heading, except those of headings 3701 to 3704

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

ex Chapter 38

Miscellaneous chemical products; except for:

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

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

ex ex 3801

– Colloidal graphite in suspension in oil and semi-colloidal graphite; carbonaceous pastes for electrodes

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

– Graphite in paste form, being a mixture of more than 30 % by weight of graphite with mineral oils

Manufacture in which the value of all the materials of heading 3403 used does not exceed 20 % of the ex-works price of the product

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

ex ex 3803

Refined tall oil

Refining of crude tall oil

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

ex ex 3805

Spirits of sulphate turpentine, purified

Purification by distillation or refining of raw spirits of sulphate turpentine

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

ex ex 3806

Ester gums

Manufacture from resin acids

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

ex ex 3807

Wood pitch (wood tar pitch)

Distillation of wood tar

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

3808

Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulphur-treated bands, wicks and candles, and fly-papers)

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

3809

Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included

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

3810

Pickling preparations for metal surfaces; fluxes and other auxiliary preparations for soldering, brazing or welding; soldering, brazing or welding powders and pastes consisting of metal and other materials; preparations of a kind used as cores or coatings for welding electrodes or rods

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

3811

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

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

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

– Other

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

3812

Prepared rubber accelerators; compound plasticisers for rubber or plastics, not elsewhere specified or included; anti-oxidizing preparations and other compound stabilisers for rubber or plastics

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

3813

Preparations and charges for fire-extinguishers; charged fire-extinguishing grenades

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

3814

Organic composite solvents and thinners, not elsewhere specified or included; prepared paint or varnish removers

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

3818

Chemical elements doped for use in electronics, in the form of discs, wafers or similar forms; chemical compounds doped for use in electronics

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

3819

Hydraulic brake fluids and other prepared liquids for hydraulic transmission, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals

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

3820

Anti-freezing preparations and prepared de-icing fluids

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

3822

Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents whether or not on a backing, other than those of heading 3002 or 3006; certified reference materials

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

3823

Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols:

– Industrial monocarboxylic fatty acids, acid oils from refining

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

– Industrial fatty alcohols

Manufacture from materials of any heading, including other materials of heading 3823

3824

Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included:

– The following of this heading:

– – Prepared binders for foundry moulds or cores based on natural resinous products

– – Naphthenic acids, their water-insoluble salts and their esters

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

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

– – Sorbitol other than that of heading 2905

– – Petroleum sulphonates, excluding petroleum sulphonates of alkali metals, of ammonium or of ethanolamines; thiophenated sulphonic acids of oils obtained from bituminous minerals, and their salts

– – Ion exchangers

– – Getters for vacuum tubes

– – Alkaline iron oxide for the purification of gas

– – Ammoniacal gas liquors and spent oxide produced in coal gas purification

– – Sulphonaphthenic acids, their water-insoluble salts and their esters

– – Fusel oil and Dippel’s oil

– – Mixtures of salts having different anions

– – Copying pastes with a basis of gelatin, whether or not on a paper or textile backing

– Other

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

3901 to 3915

Plastics in primary forms, waste, parings and scrap, of plastic; except for headings ex ex 3907 and 3912 for which the rules are set out below:

– Addition homopolymerisation products in which a single monomer contributes more than 99 % by weight to the total polymer content

Manufacture in which:

| — | the value of all the materials used does not exceed 50 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 50 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (5) |
| --- | --- |

—

within the above limit, the value of all the materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (5)

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

– Other

Manufacture in which the value of all the materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (5)

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

ex ex 3907

– Copolymer, made from polycarbonate and acrylonitrile-butadiene-styrene copolymer (ABS)

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product (5)

– Polyester

Manufacture in which the value of all the materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product and/or manufacture from polycarbonate of tetrabromo-(bisphenol A)

3912

Cellulose and its chemical derivatives, not elsewhere specified or included, in primary forms

Manufacture in which the value of all the materials of the same heading as the product used does not exceed 20 % of the ex-works price of the product

3916 to 3921

Semi-manufactures and articles of plastics; except for headings ex ex 3916, ex ex 3917, ex ex 3920 and ex ex 3921, for which the rules are set out below:

– Flat products, further worked than only surface-worked or cut into forms other than rectangular (including square); other products, further worked than only surface-worked

Manufacture in which the value of all the materials of Chapter 39 used does not exceed 50 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

– Other:

– – Addition homopolymerisation products in which a single monomer contributes more than 99 % by weight to the total polymer content

Manufacture in which:

| — | the value of all the materials used does not exceed 50 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 50 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (5) |
| --- | --- |

—

within the above limit, the value of all the materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (5)

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

– – Other

Manufacture in which the value of all the materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (5)

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

ex ex 3916 and ex ex 3917

Profile shapes and tubes

Manufacture in which:

| — | the value of all the materials used does not exceed 50 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 50 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of the same heading as the product used does not exceed 20 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of the same heading as the product used does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

ex ex 3920

– Ionomer sheet or film

Manufacture from a thermoplastic partial salt which is a copolymer of ethylene and metacrylic acid partly neutralised with metal ions, mainly zinc and sodium

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

– Sheets of regenerated cellulose, polyamides or polyethylene

Manufacture in which the value of all the materials of the same heading as the product used does not exceed 20 % of the ex-works price of the product

ex ex 3921

Foils of plastic, metallised

Manufacture from highly transparent polyester-foils with a thickness of less than 23 micron (6)

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

3922 to 3926

Articles of plastics

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

ex Chapter 40

Rubber and articles thereof; except for:

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

ex ex 4001

Laminated slabs of crepe rubber for shoes

Lamination of sheets of natural rubber

4005

Compounded rubber, unvulcanised, in primary forms or in plates, sheets or strip

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

4012

Retreaded or used pneumatic tyres of rubber; solid or cushion tyres, tyre treads and tyre flaps, of rubber:

– Retreaded pneumatic, solid or cushion tyres, of rubber

Retreading of used tyres

– Other

Manufacture from materials of any heading, except those of headings 4011 and 4012

ex ex 4017

Articles of hard rubber

Manufacture from hard rubber

ex Chapter 41

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

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

ex ex 4102

Raw skins of sheep or lambs, without wool on

Removal of wool from sheep or lamb skins, with wool on

4104 to 4106

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

Retanning of tanned leather

or

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

4107, 4112 and 4113

Leather further prepared after tanning or crusting, including parchment-dressed leather, without wool or hair on, whether or not split, other than leather of heading 4114

Manufacture from materials of any heading, except headings 4104 to 4113

ex ex 4114

Patent leather and patent laminated leather; metallised leather

Manufacture from materials of headings 4104 to 4106, 4107, 4112 or 4113, provided that their total value does not exceed 50 % of the ex-works price of the product

Chapter 42

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

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

ex Chapter 43

Furskins and artificial fur; manufactures thereof; except for:

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

ex ex 4302

Tanned or dressed furskins, assembled:

– Plates, crosses and similar forms

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

– Other

Manufacture from non-assembled, tanned or dressed furskins

4303

Articles of apparel, clothing accessories and other articles of furskin

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

ex Chapter 44

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

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

ex ex 4403

Wood roughly squared

Manufacture from wood in the rough, whether or not stripped of its bark or merely roughed down

ex ex 4407

Wood sawn or chipped lengthwise, sliced or peeled, of a thickness exceeding 6 mm, planed, sanded or end-jointed

Planing, sanding or end-jointing

ex ex 4408

Sheets for veneering (including those obtained by slicing laminated wood) and for plywood, of a thickness not exceeding 6 mm, spliced, and other wood sawn lengthwise, sliced or peeled of a thickness not exceeding 6 mm, planed, sanded or end-jointed

Splicing, planing, sanding or end-jointing

ex ex 4409

Wood continuously shaped along any of its edges, ends or faces, whether or not planed, sanded or end-jointed:

– Sanded or end-jointed

Sanding or end-jointing

– Beadings and mouldings

Beading or moulding

ex ex 4410 to ex ex 4413

Beadings and mouldings, including moulded skirting and other moulded boards

Beading or moulding

ex ex 4415

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

Manufacture from boards not cut to size

ex ex 4416

Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood

Manufacture from riven staves, not further worked than sawn on the two principal surfaces

ex ex 4418

– Builders’ joinery and carpentry of wood

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

– Beadings and mouldings

Beading or moulding

ex ex 4421

Match splints; wooden pegs or pins for footwear

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

ex Chapter 45

Cork and articles of cork; except for:

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

4503

Articles of natural cork

Manufacture from cork of heading 4501

Chapter 46

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

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

Chapter 47

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

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

ex Chapter 48

Paper and paperboard; articles of paper pulp, of paper or of paperboard; except for:

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

ex ex 4811

Paper and paperboard, ruled, lined or squared only

Manufacture from paper-making materials of Chapter 47

4816

Carbon paper, self-copy paper and other copying or transfer papers (other than those of heading 4809), duplicator stencils and offset plates, of paper, whether or not put up in boxes

Manufacture from paper-making materials of Chapter 47

4817

Envelopes, letter cards, plain postcards and correspondence cards, of paper or paperboard; boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing an assortment of paper stationery

Manufacture:

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

—

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

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

—

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

ex ex 4818

Toilet paper

Manufacture from paper-making materials of Chapter 47

ex ex 4819

Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibres

Manufacture:

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

—

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

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

—

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

ex ex 4820

Letter pads

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

ex ex 4823

Other paper, paperboard, cellulose wadding and webs of cellulose fibres, cut tor size or shape

Manufacture from paper-making materials of Chapter 47

ex Chapter 49

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

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

4909

Printed or illustrated postcards; printed cards bearing personal greetings, messages or announcements, whether or not illustrated, with or without envelopes or trimmings

Manufacture from materials of any heading, except those of headings 4909 and 4911

4910

Calendars of any kind, printed, including calendar blocks:

– Calendars of the ‘perpetual’ type or with replaceable blocks mounted on bases other than paper or paperboard

Manufacture:

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

—

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

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

—

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

– Other

Manufacture from materials of any heading, except those of headings 4909 and 4911

ex Chapter 50

Silk; except for:

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

ex ex 5003

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

Carding or combing of silk waste

5004 to ex ex 5006

Silk yarn and yarn spun from silk waste

Manufacture from (7):

| — | raw silk or silk waste, carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

raw silk or silk waste, carded or combed or otherwise prepared for spinning,

| — | other natural fibres, not carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

other natural fibres, not carded or combed or otherwise prepared for spinning,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper-making materials |
| --- | --- |

—

paper-making materials

5007

Woven fabrics of silk or of silk waste:

– Incorporating rubber thread

Manufacture from single yarn (7)

– Other

Manufacture from (7):

| — | coir yarn, |
| --- | --- |

—

coir yarn,

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres, not carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise prepared for spinning,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper |
| --- | --- |

—

paper

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

ex Chapter 51

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

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

5106 to 5110

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

Manufacture from (7):

| — | raw silk or silk waste, carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

raw silk or silk waste, carded or combed or otherwise prepared for spinning,

| — | natural fibres, not carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

natural fibres, not carded or combed or otherwise prepared for spinning,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper-making materials |
| --- | --- |

—

paper-making materials

5111 to 5113

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

– Incorporating rubber thread

Manufacture from single yarn (7)

– Other

Manufacture from (7):

| — | coir yarn, |
| --- | --- |

—

coir yarn,

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres, not carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise prepared for spinning,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper |
| --- | --- |

—

paper

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5% of the ex-works price of the product

ex Chapter 52

Cotton; except for:

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

5204 to 5207

Yarn and thread of cotton

Manufacture from (7):

| — | raw silk or silk waste, carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

raw silk or silk waste, carded or combed or otherwise prepared for spinning,

| — | natural fibres, not carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

natural fibres, not carded or combed or otherwise prepared for spinning,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper-making materials |
| --- | --- |

—

paper-making materials

5208 to 5212

Woven fabrics of cotton:

– Incorporating rubber thread

Manufacture from single yarn (7)

– Other

Manufacture from (7):

| — | coir yarn, |
| --- | --- |

—

coir yarn,

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres, not carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise prepared for spinning,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper |
| --- | --- |

—

paper

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

ex Chapter 53

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

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

5306 to 5308

Yarn of other vegetable textile fibres; paper yarn

Manufacture from (7):

| — | raw silk or silk waste, carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

raw silk or silk waste, carded or combed or otherwise prepared for spinning,

| — | natural fibres, not carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

natural fibres, not carded or combed or otherwise prepared for spinning,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper-making materials |
| --- | --- |

—

paper-making materials

5309 to 5311

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

– Incorporating rubber thread

Manufacture from single yarn (7)

– Other

Manufacture from (7):

| — | coir yarn, |
| --- | --- |

—

coir yarn,

| — | jute yarn, |
| --- | --- |

—

jute yarn,

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres, not carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise prepared for spinning,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper |
| --- | --- |

—

paper

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

5401 to 5406

Yarn, monofilament and thread of man-made filaments

Manufacture from (7):

| — | raw silk or silk waste, carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

raw silk or silk waste, carded or combed or otherwise prepared for spinning,

| — | natural fibres, not carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

natural fibres, not carded or combed or otherwise prepared for spinning,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper-making materials |
| --- | --- |

—

paper-making materials

5407 and 5408

Woven fabrics of man-made filament yarn:

– Incorporating rubber thread

Manufacture from single yarn (7)

– Other

Manufacture from (7):

| — | coir yarn, |
| --- | --- |

—

coir yarn,

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres, not carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise prepared for spinning,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper |
| --- | --- |

—

paper

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

5501 to 5507

Man-made staple fibres

Manufacture from chemical materials or textile pulp

5508 to 5511

Yarn and sewing thread of man-made staple fibres

Manufacture from (7):

| — | raw silk or silk waste, carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

raw silk or silk waste, carded or combed or otherwise prepared for spinning,

| — | natural fibres, not carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

natural fibres, not carded or combed or otherwise prepared for spinning,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper-making materials |
| --- | --- |

—

paper-making materials

5512 to 5516

Woven fabrics of man-made staple fibres:

– Incorporating rubber thread

Manufacture from single yarn (7)

– Other

Manufacture from (7):

| — | coir yarn, |
| --- | --- |

—

coir yarn,

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres, not carded or combed or otherwise prepared for spinning, |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise prepared for spinning,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper |
| --- | --- |

—

paper

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

ex Chapter 56

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

Manufacture from (7):

| — | coir yarn, |
| --- | --- |

—

coir yarn,

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper-making materials |
| --- | --- |

—

paper-making materials

5602

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

– Needleloom felt

Manufacture from (7):

| — | natural fibres, or |
| --- | --- |

—

natural fibres, or

| — | chemical materials or textile pulp |
| --- | --- |

—

chemical materials or textile pulp

However:

| — | polypropylene filament of heading 5402, |
| --- | --- |

—

polypropylene filament of heading 5402,

| — | polypropylene fibres of heading 5503 or 5506, or |
| --- | --- |

—

polypropylene fibres of heading 5503 or 5506, or

| — | polypropylene filament tow of heading 5501, |
| --- | --- |

—

polypropylene filament tow of heading 5501,

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

– Other

Manufacture from (7):

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres made from casein, or |
| --- | --- |

—

man-made staple fibres made from casein, or

| — | chemical materials or textile pulp |
| --- | --- |

—

chemical materials or textile pulp

5604

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

– Rubber thread and cord, textile covered

Manufacture from rubber thread or cord, not textile covered

– Other

Manufacture from (7):

| — | natural fibres, not carded or combed or otherwise processed for spinning, |
| --- | --- |

—

natural fibres, not carded or combed or otherwise processed for spinning,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper-making materials |
| --- | --- |

—

paper-making materials

5605

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

Manufacture from (7):

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres, not carded or combed or otherwise processed for spinning, |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise processed for spinning,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper-making materials |
| --- | --- |

—

paper-making materials

5606

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

Manufacture from (7):

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres, not carded or combed or otherwise processed for spinning, |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise processed for spinning,

| — | chemical materials or textile pulp, or |
| --- | --- |

—

chemical materials or textile pulp, or

| — | paper-making materials |
| --- | --- |

—

paper-making materials

Chapter 57

Carpets and other textile floor coverings:

– Of needleloom felt

Manufacture from (7):

| — | natural fibres, or |
| --- | --- |

—

natural fibres, or

| — | chemical materials or textile pulp |
| --- | --- |

—

chemical materials or textile pulp

However:

| — | polypropylene filament of heading 5402, |
| --- | --- |

—

polypropylene filament of heading 5402,

| — | polypropylene fibres of heading 5503 or 5506, or |
| --- | --- |

—

polypropylene fibres of heading 5503 or 5506, or

| — | polypropylene filament tow of heading 5501, |
| --- | --- |

—

polypropylene filament tow of heading 5501,

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

Jute fabric may be used as a backing

– Of other felt

Manufacture from (7):

| — | natural fibres, not carded or combed or otherwise processed for spinning, or |
| --- | --- |

—

natural fibres, not carded or combed or otherwise processed for spinning, or

| — | chemical materials or textile pulp |
| --- | --- |

—

chemical materials or textile pulp

– Other

Manufacture from (7):

| — | coir yarn or jute yarn, |
| --- | --- |

—

coir yarn or jute yarn,

| — | synthetic or artificial filament yarn, |
| --- | --- |

—

synthetic or artificial filament yarn,

| — | natural fibres, or |
| --- | --- |

—

natural fibres, or

| — | man-made staple fibres, not carded or combed or otherwise processed for spinning |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise processed for spinning

Jute fabric may be used as a backing

ex Chapter 58

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

– Combined with rubber thread

Manufacture from single yarn (7)

– Other

Manufacture from (7):

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres, not carded or combed or otherwise processed for spinning, or |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise processed for spinning, or

| — | chemical materials or textile pulp |
| --- | --- |

—

chemical materials or textile pulp

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

5805

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

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

5810

Embroidery in the piece, in strips or in motifs

Manufacture:

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

—

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

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

—

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

5901

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

Manufacture from yarn

5902

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

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

Manufacture from yarn

– Other

Manufacture from chemical materials or textile pulp

5903

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

Manufacture from yarn

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, rasing, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

5904

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

Manufacture from yarn (7)

5905

Textile wall coverings:

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

Manufacture from yarn

– Other

Manufacture from (7):

| — | coir yarn, |
| --- | --- |

—

coir yarn,

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres, not carded or combed or otherwise processed for spinning, or |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise processed for spinning, or

| — | chemical materials or textile pulp |
| --- | --- |

—

chemical materials or textile pulp

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

5906

Rubberised textile fabrics, other than those of heading 5902:

– Knitted or crocheted fabrics

Manufacture from (7):

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres, not carded or combed or otherwise processed for spinning, or |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise processed for spinning, or

| — | chemical materials or textile pulp |
| --- | --- |

—

chemical materials or textile pulp

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

Manufacture from chemical materials

– Other

Manufacture from yarn

5907

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

Manufacture from yarn

or

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, rasing, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

5908

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

– Incandescent gas mantles, impregnated

Manufacture from tubular knitted gas-mantle fabric

– Other

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

5909 to 5911

Textile articles of a kind suitable for industrial use:

– Polishing discs or rings other than of felt of heading 5911

Manufacture from yarn or waste fabrics or rags of heading 6310

– Woven fabrics, of a kind commonly used in papermaking or other technical uses, felted or not, whether or not impregnated or coated, tubular or endless with single or multiple warp and/or weft, or flat woven with multiple warp and/or weft of heading 5911

Manufacture from (7):

– coir yarn,

– the following materials:

– – yarn of polytetrafluoroethylene (8),

– – yarn, multiple, of polyamide, coated impregnated or covered with a phenolic resin,

– – yarn of synthetic textile fibres of aromatic polyamides, obtained by polycondensation of m-phenylenediamine and isophthalic acid,

– – monofil of polytetrafluoroethylene (8),

– – yarn of synthetic textile fibres of poly(p-phenylene terephthalamide),

– – glass fibre yarn, coated with phenol resin and gimped with acrylic yarn (8),

– – copolyester monofilaments of a polyester and a resin of terephthalic acid and 1,4-cyclohexanediethanol and isophthalic acid,

– – natural fibres,

– – man-made staple fibres not carded or combed or otherwise processed for spinning, or

– – chemical materials or textile pulp

– Other

Manufacture from (7):

| — | coir yarn, |
| --- | --- |

—

coir yarn,

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres, not carded or combed or otherwise processed for spinning, or |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise processed for spinning, or

| — | chemical materials or textile pulp |
| --- | --- |

—

chemical materials or textile pulp

Chapter 60

Knitted or crocheted fabrics

Manufacture from (7):

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres, not carded or combed or otherwise processed for spinning, or |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise processed for spinning, or

| — | chemical materials or textile pulp |
| --- | --- |

—

chemical materials or textile pulp

Chapter 61

Articles of apparel and clothing accessories, knitted or crocheted:

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

Manufacture from yarn (7)
   (9)

– Other

Manufacture from (7):

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres, not carded or combed or otherwise processed for spinning, or |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise processed for spinning, or

| — | chemical materials or textile pulp |
| --- | --- |

—

chemical materials or textile pulp

ex Chapter 62

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

Manufacture from yarn (7)
   (9)

ex ex 6202, ex ex 6204, ex ex 6206, ex ex 6209 and ex ex 6211

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

Manufacture from yarn (9)

or

Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product (9)

ex ex 6210 and ex ex 6216

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

Manufacture from yarn (9)

or

Manufacture from uncoated fabric, provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product (9)

6213 and 6214

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

– Embroidered

Manufacture from unbleached single yarn (7)
   (9)

or

Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product (9)

– Other

Manufacture from unbleached single yarn (7)
   (9)

or

Making up, followed 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 all the unprinted goods of headings 6213 and 6214 used does not exceed 47,5 % of the ex-works price of the product

6217

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

– Embroidered

Manufacture from yarn (9)

or

Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product (9)

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

Manufacture from yarn (9)

or

Manufacture from uncoated fabric, provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product (9)

– Interlinings for collars and cuffs, cut out

Manufacture:

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

—

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

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

—

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

– Other

Manufacture from yarn (9)

ex Chapter 63

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

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

6301 to 6304

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

– Of felt, of nonwovens

Manufacture from (7):

| — | natural fibres, or |
| --- | --- |

—

natural fibres, or

| — | chemical materials or textile pulp |
| --- | --- |

—

chemical materials or textile pulp

– Other:

– – Embroidered

Manufacture from unbleached single yarn (9)
   (10)

or

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

– Other

Manufacture from unbleached single yarn (9)
   (10)

6305

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

Manufacture from (7):

| — | natural fibres, |
| --- | --- |

—

natural fibres,

| — | man-made staple fibres, not carded or combed or otherwise processed for spinning, or |
| --- | --- |

—

man-made staple fibres, not carded or combed or otherwise processed for spinning, or

| — | chemical materials or textile pulp |
| --- | --- |

—

chemical materials or textile pulp

6306

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

– Of nonwovens

Manufacture from (7)
   (9):

| — | natural fibres, or |
| --- | --- |

—

natural fibres, or

| — | chemical materials or textile pulp |
| --- | --- |

—

chemical materials or textile pulp

– Other

Manufacture from unbleached single yarn (7)
   (9)

6307

Other made-up articles, including dress patterns

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

6308

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

Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the ex-works price of the set

ex Chapter 64

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

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

6406

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

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

ex Chapter 65

Headgear and parts thereof; except for:

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

6503

Felt hats and other felt headgear, made from the hat bodies, hoods or plateaux of heading 6501, whether or not lined or trimmed

Manufacture from yarn or textile fibres (9)

6505

Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed

Manufacture from yarn or textile fibres (9)

ex Chapter 66

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

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

6601

Umbrellas and sun umbrellas (including walking-stick umbrellas, garden umbrellas and similar umbrellas)

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

Chapter 67

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

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

ex Chapter 68

Articles of stone, plaster, cement, asbestos, mica or similar materials; except for:

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

ex ex 6803

Articles of slate or of agglomerated slate

Manufacture from worked slate

ex ex 6812

Articles of asbestos; articles of mixtures with a basis of asbestos or of mixtures with a basis of asbestos and magnesium carbonate

Manufacture from materials of any heading

ex ex 6814

Articles of mica, including agglomerated or reconstituted mica, on a support of paper, paperboard or other materials

Manufacture from worked mica (including agglomerated or reconstituted mica)

Chapter 69

Ceramic products

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

ex Chapter 70

Glass and glassware; except for:

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

ex ex 7003, ex ex 7004 and ex ex 7005

Glass with a non-reflecting layer

Manufacture from materials of heading 7001

7006

Glass of heading 7003, 7004 or 7005, bent, edge-worked, engraved, drilled, enamelled or otherwise worked, but not framed or fitted with other materials:

– Glass-plate substrates, coated with a dielectric thin film, and of a semiconductor grade in accordance with SEMII-standards (11)

Manufacture from non-coated glass-plate substrate of heading 7006

– Other

Manufacture from materials of heading 7001

7007

Safety glass, consisting of toughened (tempered) or laminated glass

Manufacture from materials of heading 7001

7008

Multiple-walled insulating units of glass

Manufacture from materials of heading 7001

7009

Glass mirrors, whether or not framed, including rear-view mirrors

Manufacture from materials of heading 7001

7010

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

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

or

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

7013

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

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

or

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

or

Hand-decoration (except silk-screen printing) of hand-blown glassware, provided that the total value of the hand-blown glassware used does not exceed 50 % of the ex-works price of the product

ex ex 7019

Articles (other than yarn) of glass fibres

Manufacture from:

| — | uncoloured slivers, rovings, yarn or chopped strands, or |
| --- | --- |

—

uncoloured slivers, rovings, yarn or chopped strands, or

| — | glass wool |
| --- | --- |

—

glass wool

ex Chapter 71

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

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

ex ex 7101

Natural or cultured pearls, graded and temporarily strung for convenience of transport

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

ex ex 7102, ex ex 7103 and ex ex 7104

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

Manufacture from unworked precious or semi-precious stones

7106, 7108 and 7110

Precious metals:

– Unwrought

Manufacture from materials of any heading, except those of headings 7106, 7108 and 7110

or

Electrolytic, thermal or chemical separation of precious metals of heading 7106, 7108 or 7110

or

Alloying of precious metals of heading 7106, 7108 or 7110 with each other or with base metals

– Semi-manufactured or in powder form

Manufacture from unwrought precious metals

ex ex 7107, ex ex 7109 and ex ex 7111

Metals clad with precious metals, semi-manufactured

Manufacture from metals clad with precious metals, unwrought

7116

Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed)

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

7117

Imitation jewellery

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

or

Manufacture from base metal parts, not plated or covered with precious metals, provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex Chapter 72

Iron and steel; except for:

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

7207

Semi-finished products of iron or non-alloy steel

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

7208 to 7216

Flat-rolled products, bars and rods, angles, shapes and sections of iron or non-alloy steel

Manufacture from ingots or other primary forms of heading 7206

7217

Wire of iron or non-alloy steel

Manufacture from semi-finished materials of heading 7207

ex ex 7218, 7219 to 7222

Semi-finished products, flat-rolled products, bars and rods, angles, shapes and sections of stainless steel

Manufacture from ingots or other primary forms of heading 7218

7223

Wire of stainless steel

Manufacture from semi-finished materials of heading 7218

ex ex 7224, 7225 to 7228

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

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

7229

Wire of other alloy steel

Manufacture from semi-finished materials of heading 7224

ex Chapter 73

Articles of iron or steel; except for:

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

ex ex 7301

Sheet piling

Manufacture from materials of heading 7206

7302

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

Manufacture from materials of heading 7206

7304, 7305 and 7306

Tubes, pipes and hollow profiles, of iron (other than cast iron) or steel

Manufacture from materials of heading 7206, 7207, 7218 or 7224

ex ex 7307

Tube or pipe fittings of stainless steel (ISO code X5CrNiMo 1712), consisting of several parts

Turning, drilling, reaming, threading, deburring and sandblasting of forged blanks, provided that the total value of the forged blanks used does not exceed 35 % of the ex-works price of the product

7308

Structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel

Manufacture from materials of any heading, except that of the product. However, welded angles, shapes and sections of heading 7301 may not be used

ex ex 7315

Skid chain

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

ex Chapter 74

Copper and articles thereof; except for:

Manufacture:

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

—

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

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

—

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

7401

Copper mattes; cement copper (precipitated copper)

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

7402

Unrefined copper; copper anodes for electrolytic refining

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

7403

Refined copper and copper alloys, unwrought:

– Refined copper

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

– Copper alloys and refined copper containing other elements

Manufacture from refined copper, unwrought, or waste and scrap of copper

7404

Copper waste and scrap

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

7405

Master alloys of copper

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

ex Chapter 75

Nickel and articles thereof; except for:

Manufacture:

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

—

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

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

—

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

7501 to 7503

Nickel mattes, nickel oxide sinters and other intermediate products of nickel metallurgy; unwrought nickel; nickel waste and scrap

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

ex Chapter 76

Aluminium and articles thereof; except for:

Manufacture:

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

—

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

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

—

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

7601

Unwrought aluminium

Manufacture:

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

—

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

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

—

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

or

Manufacture by thermal or electrolytic treatment from unalloyed aluminium or waste and scrap of aluminium

7602

Aluminium waste or scrap

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

ex ex 7616

Aluminium articles other than gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, and expanded metal of aluminium

Manufacture:

| — | from materials of any heading, except that of the product. However, gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, or expanded metal of aluminium may be used; and |
| --- | --- |

—

from materials of any heading, except that of the product. However, gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, or expanded metal of aluminium may be used; and

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

—

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

Chapter 77

Reserved for possible future use in the HS

ex Chapter 78

Lead and articles thereof; except for:

Manufacture:

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

—

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

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

—

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

7801

Unwrought lead:

– Refined lead

Manufacture from ‘bullion’ or ‘work’ lead

– Other

Manufacture from materials of any heading, except that of the product. However, waste and scrap of heading 7802 may not be used

7802

Lead waste and scrap

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

ex Chapter 79

Zinc and articles thereof; except for:

Manufacture:

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

—

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

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

—

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

7901

Unwrought zinc

Manufacture from materials of any heading, except that of the product. However, waste and scrap of heading 7902 may not be used

7902

Zinc waste and scrap

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

ex Chapter 80

Tin and articles thereof; except for:

Manufacture:

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

—

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

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

—

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

8001

Unwrought tin

Manufacture from materials of any heading, except that of the product. However, waste and scrap of heading 8002 may not be used

8002 and 8007

Tin waste and scrap; other articles of tin

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

Chapter 81

Other base metals; cermets; articles thereof:

– Other base metals, wrought; articles thereof

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

– Other

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

ex Chapter 82

Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal; except for:

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

8206

Tools of two or more of the headings 8202 to 8205, put up in sets for retail sale

Manufacture from materials of any heading, except those of headings 8202 to 8205. However, tools of headings 8202 to 8205 may be incorporated into the set, provided that their total value does not exceed 15 % of the ex-works price of the set

8207

Interchangeable tools for hand tools, whether or not power-operated, or for machine-tools (for example, for pressing, stamping, punching, tapping, threading, drilling, boring, broaching, milling, turning, or screwdriving), including dies for drawing or extruding metal, and rock drilling or earth boring tools

Manufacture:

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

—

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

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

—

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

8208

Knives and cutting blades, for machines or for mechanical appliances

Manufacture:

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

—

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

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

—

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

ex ex 8211

Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208

Manufacture from materials of any heading, except that of the product. However, knife blades and handles of base metal may be used

8214

Other articles of cutlery (for example, hair clippers, butchers’ or kitchen cleavers, choppers and mincing knives, paper knives); manicure or pedicure sets and instruments (including nail files)

Manufacture from materials of any heading, except that of the product. However, handles of base metal may be used

8215

Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware

Manufacture from materials of any heading, except that of the product. However, handles of base metal may be used

ex Chapter 83

Miscellaneous articles of base metal; except for:

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

ex ex 8302

Other mountings, fittings and similar articles suitable for buildings, and automatic door closers

Manufacture from materials of any heading, except that of the product. However, other materials of heading 8302 may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

ex ex 8306

Statuettes and other ornaments, of base metal

Manufacture from materials of any heading, except that of the product. However, other materials of heading 8306 may be used, provided that their total value does not exceed 30 % of the ex-works price of the product

ex Chapter 84

Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof; except for:

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex ex 8401

Nuclear fuel elements

Manufacture from materials of any heading, except that of the product (12)

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8402

Steam or other vapour generating boilers (other than central heating hot water boilers capable also of producing low pressure steam); super-heated water boilers

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8403 and ex ex 8404

Central heating boilers other than those of heading 8402 and auxiliary plant for central heating boilers

Manufacture from materials of any heading, except those of headings 8403 and 8404

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

8406

Steam turbines and other vapour turbines

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

8407

Spark-ignition reciprocating or rotary internal combustion piston engines

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

8408

Compression-ignition internal combustion piston engines (diesel or semi-diesel engines)

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

8409

Parts suitable for use solely or principally with the engines of heading 8407 or 8408

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

8411

Turbo-jets, turbo-propellers and other gas turbines

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8412

Other engines and motors

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

ex ex 8413

Rotary positive displacement pumps

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

ex ex 8414

Industrial fans, blowers and the like

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8415

Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated

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

8418

Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air conditioning machines of heading 8415

Manufacture:

| — | from materials of any heading, except that 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 40 % of the ex-works price of the product, and |
| --- | --- |

—

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

| — | in which the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

in which the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

ex ex 8419

Machines for wood, paper pulp, paper and paperboard industries

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of the same heading as the product used does not exceed 25 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of the same heading as the product used does not exceed 25 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8420

Calendering or other rolling machines, other than for metals or glass, and cylinders therefore

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of the same heading as the product used does not exceed 25 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of the same heading as the product used does not exceed 25 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8423

Weighing machinery (excluding balances of a sensitivity of 5 cg or better), including weight operated counting or checking machines; weighing machine weights of all kinds

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8425 to 8428

Lifting, handling, loading or unloading machinery

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of heading 8431 used does not exceed 10 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of heading 8431 used does not exceed 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8429

Self-propelled bulldozers, angledozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and road rollers:

– Road rollers

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

– Other

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of heading 8431 used does not exceed 10 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of heading 8431 used does not exceed 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8430

Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; pile-drivers and pile-extractors; snow-ploughs and snow-blowers

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of heading 8431 used does not exceed 10 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of heading 8431 used does not exceed 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex ex 8431

Parts suitable for use solely or principally with road rollers

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

8439

Machinery for making pulp of fibrous cellulosic material or for making or finishing paper or paperboard

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of the same heading as the product used does not exceed 25 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of the same heading as the product used does not exceed 25 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8441

Other machinery for making up paper pulp, paper or paperboard, including cutting machines of all kinds

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of the same heading as the product used does not exceed 25 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of the same heading as the product used does not exceed 25 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8444 to 8447

Machines of these headings for use in the textile industry

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

ex ex 8448

Auxiliary machinery for use with machines of headings 8444 and 8445

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

8452

Sewing machines, other than book-sewing machines of heading 8440; furniture, bases and covers specially designed for sewing machines; sewing machine needles:

– Sewing machines (lock stitch only) with heads of a weight not exceeding 16 kg without motor or 17 kg with motor

Manufacture in which:

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

—

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

| — | the value of all the non-originating materials used in assembling the head (without motor) does not exceed the value of all the originating materials used, and |
| --- | --- |

—

the value of all the non-originating materials used in assembling the head (without motor) does not exceed the value of all the originating materials used, and

| — | the thread-tension, crochet and zigzag mechanisms used are originating |
| --- | --- |

—

the thread-tension, crochet and zigzag mechanisms used are originating

– Other

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

8456 to 8466

Machine-tools and machines and their parts and accessories of headings 8456 to 8466

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

8469 to 8472

Office machines (for example, typewriters, calculating machines, automatic data processing machines, duplicating machines, stapling machines)

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

8480

Moulding boxes for metal foundry; mould bases; moulding patterns; moulds for metal (other than ingot moulds), metal carbides, glass, mineral materials, rubber or plastics

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

8482

Ball or roller bearings

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8484

Gaskets and similar joints of metal sheeting combined with other material or of two or more layers of metal; sets or assortments of gaskets and similar joints, dissimilar in composition, put up in pouches, envelopes or similar packings; mechanical seals

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

8485

Machinery parts, not containing electrical connectors, insulators, coils, contacts or other electrical features, not specified or included elsewhere in this Chapter

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

ex Chapter 85

Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles; except for:

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8501

Electric motors and generators (excluding generating sets)

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of heading 8503 used does not exceed 10 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of heading 8503 used does not exceed 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8502

Electric generating sets and rotary converters

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of headings 8501 and 8503 used does not exceed 10 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of headings 8501 and 8503 used does not exceed 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex ex 8504

Power supply units for automatic data-processing machines

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

ex ex 8518

Microphones and stands therefore; loudspeakers, whether or not mounted in their enclosures; audio-frequency electric amplifiers; electric sound amplifier sets

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8519

Turntables (record-decks), record-players, cassette-players and other sound reproducing apparatus, not incorporating a sound recording device

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8520

Magnetic tape recorders and other sound recording apparatus, whether or not incorporating a sound reproducing device

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8521

Video recording or reproducing apparatus, whether or not incorporating a video tuner

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8522

Parts and accessories suitable for use solely or principally with the apparatus of headings 8519 to 8521

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

8523

Prepared unrecorded media for sound recording or similar recording of other phenomena, other than products of Chapter 37

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

8524

Records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of Chapter 37:

– Matrices and masters for the production of records

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

– Other

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of heading 8523 used does not exceed 10 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of heading 8523 used does not exceed 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8525

Transmission apparatus for radio-telephony, radio-telegraphy, radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras and other video camera recorders; digital cameras

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8526

Radar apparatus, radio navigational aid apparatus and radio remote control apparatus

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8527

Reception apparatus for radio-telephony, radio-telegraphy or radio-broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8528

Reception apparatus for television, whether or not incorporating radio broadcast receivers or sound or video recording or reproducing apparatus; video monitors and video projectors

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8529

Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528:

– Suitable for use solely or principally with video recording or reproducing apparatus

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

– Other

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8535 and 8536

Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of heading 8538 used does not exceed 10 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of heading 8538 used does not exceed 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8537

Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of Chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of heading 8538 used does not exceed 10 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of heading 8538 used does not exceed 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex ex 8541

Diodes, transistors and similar semi-conductor devices, except wafers not yet cut into chips

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8542

Electronic integrated circuits and microassemblies:

– Monolithic integrated circuits

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of headings 8541 and 8542 used does not exceed 10 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of headings 8541 and 8542 used does not exceed 10 % of the ex-works price of the product

or

The operation of diffusion (in which integrated circuits are formed on a semi-conductor substrate by the selective introduction of an appropriate dopant), whether or not assembled and/or tested in a country other than those specified in Articles 3 and 4

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

– Other

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of headings 8541 and 8542 used does not exceed 10 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of headings 8541 and 8542 used does not exceed 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

8544

Insulated (including enamelled or anodised) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors

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

8545

Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes

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

8546

Electrical insulators of any material

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

8547

Insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating materials apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly, other than insulators of heading 8546; electrical conduit tubing and joints therefor, of base metal lined with insulating material

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

8548

Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified or included elsewhere in this Chapter

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

ex Chapter 86

Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds; except for:

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

8608

Railway or tramway track fixtures and fittings; mechanical (including electromechanical) signalling, safety or traffic control equipment for railways, tramways, roads, inland waterways, parking facilities, port installations or airfields; parts of the foregoing

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex Chapter 87

Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof; except for:

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

8709

Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms; parts of the foregoing vehicles

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8710

Tanks and other armoured fighting vehicles, motorized, whether or not fitted with weapons, and parts of such vehicles

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8711

Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars:

– With reciprocating internal combustion piston engine of a cylinder capacity:

– – Not exceeding 50 cm3

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 20 % of the ex-works price of the product

– – Exceeding 50 cm3

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

– Other

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex works price of the product, and

| — | the value of all the non originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

the value of all the non originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex ex 8712

Bicycles without ball bearings

Manufacture from materials of any heading, except those of heading 8714

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8715

Baby carriages and parts thereof

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

8716

Trailers and semi-trailers; other vehicles, not mechanically propelled; parts thereof

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex Chapter 88

Aircraft, spacecraft, and parts thereof; except for:

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

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

ex ex 8804

Rotochutes

Manufacture from materials of any heading, including other materials of heading 8804

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

8805

Aircraft launching gear; deck-arrestor or similar gear; ground flying trainers; parts of the foregoing articles

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

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

Chapter 89

Ships, boats and floating structures

Manufacture from materials of any heading, except that of the product. However, hulls of heading 8906 may not be used

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

ex Chapter 90

Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof; except for:

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9001

Optical fibres and optical fibre bundles; optical fibre cables other than those of heading 8544; sheets and plates of polarising material; lenses (including contact lenses), prisms, mirrors and other optical elements, of any material, unmounted, other than such elements of glass not optically worked

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

9002

Lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other than such elements of glass not optically worked

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

9004

Spectacles, goggles and the like, corrective, protective or other

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

ex ex 9005

Binoculars, monoculars, other optical telescopes, and mountings therefor, except for astronomical refracting telescopes and mountings therefor

Manufacture:

| — | from materials of any heading, except that 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 40 % of the ex-works price of the product, and |
| --- | --- |

—

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

| — | in which the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

in which the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex ex 9006

Photographic (other than cinematographic) cameras; photographic flashlight apparatus and flashbulbs other than electrically ignited flashbulbs

Manufacture:

| — | from materials of any heading, except that 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 40 % of the ex-works price of the product, and |
| --- | --- |

—

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

| — | in which the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

in which the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9007

Cinematographic cameras and projectors, whether or not incorporating sound recording or reproducing apparatus

Manufacture:

| — | from materials of any heading, except that 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 40 % of the ex-works price of the product, and |
| --- | --- |

—

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

| — | in which the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

in which the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9011

Compound optical microscopes, including those for photomicrography, cinephotomicrography or microprojection

Manufacture:

| — | from materials of any heading, except that 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 40 % of the ex-works price of the product, and |
| --- | --- |

—

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

| — | in which the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

in which the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

ex ex 9014

Other navigational instruments and appliances

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

9015

Surveying (including photogrammetrical surveying), hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders

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

9016

Balances of a sensitivity of 5 cg or better, with or without weights

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

9017

Drawing, marking-out or mathematical calculating instruments (for example, drafting machines, pantographs, protractors, drawing sets, slide rules, disc calculators); instruments for measuring length, for use in the hand (for example, measuring rods and tapes, micrometers, callipers), not specified or included elsewhere in this chapter

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

9018

Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments:

– Dentists' chairs incorporating dental appliances or dentists' spittoons

Manufacture from materials of any heading, including other materials of heading 9018

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

– Other

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

9019

Mechano-therapy appliances; massage apparatus; psychological aptitude-testing apparatus; ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

9020

Other breathing appliances and gas masks, excluding protective masks having neither mechanical parts nor replaceable filters

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

9024

Machines and appliances for testing the hardness, strength, compressibility, elasticity or other mechanical properties of materials (for example, metals, wood, textiles, paper, plastics)

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

9025

Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments

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

9026

Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading 9014, 9015, 9028 or 9032

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

9027

Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes

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

9028

Gas, liquid or electricity supply or production meters, including calibrating meters therefor:

– Parts and accessories

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

– Other

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9029

Revolution counters, production counters, taximeters, mileometers, pedometers and the like; speed indicators and tachometers, other than those of heading 9014 or 9015; stroboscopes

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

9030

Oscilloscopes, spectrum analysers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading 9028; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionising radiations

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

9031

Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors

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

9032

Automatic regulating or controlling instruments and apparatus

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

9033

Parts and accessories (not specified or included elsewhere in this chapter) for machines, appliances, instruments or apparatus of Chapter 90

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

ex Chapter 91

Clocks and watches and parts thereof; except for:

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

9105

Other clocks

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9109

Clock movements, complete and assembled

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | the value of all the non-originating materials used does not exceed the value of all the originating materials used |
| --- | --- |

—

the value of all the non-originating materials used does not exceed the value of all the originating materials used

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9110

Complete watch or clock movements, unassembled or partly assembled (movement sets); incomplete watch or clock movements, assembled; rough watch or clock movements

Manufacture in which:

| — | the value of all the materials used does not exceed 40 % of the ex-works price of the product, and |
| --- | --- |

—

the value of all the materials used does not exceed 40 % of the ex-works price of the product, and

| — | within the above limit, the value of all the materials of heading 9114 used does not exceed 10 % of the ex-works price of the product |
| --- | --- |

—

within the above limit, the value of all the materials of heading 9114 used does not exceed 10 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9111

Watch cases and parts thereof

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9112

Clock cases and cases of a similar type for other goods of this chapter, and parts thereof

Manufacture:

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

—

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

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

—

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

Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

9113

Watch straps, watch bands and watch bracelets, and parts thereof:

– Of base metal, whether or not gold- or silver-plated, or of metal clad with precious metal

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

– Other

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

Chapter 92

Musical instruments; parts and accessories of such articles

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

Chapter 93

Arms and ammunition; parts and accessories thereof

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

ex Chapter 94

Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings; except for:

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

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

ex ex 9401 and ex ex 9403

Base metal furniture, incorporating unstuffed cotton cloth of a weight of 300 g/m2 or less

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

or

Manufacture from cotton cloth already made up in a form ready for use with materials of heading 9401 or 9403, provided that:

| — | the value of the cloth does not exceed 25 % of the ex-works price of the product, and |
| --- | --- |

—

the value of the cloth does not exceed 25 % of the ex-works price of the product, and

| — | all the other materials used are originating and are classified in a heading other than heading 9401 or 9403 |
| --- | --- |

—

all the other materials used are originating and are classified in a heading other than heading 9401 or 9403

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

9405

Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included

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

9406

Prefabricated buildings

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

ex Chapter 95

Toys, games and sports requisites; parts and accessories thereof; except for:

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

9503

Other toys; reduced-size (‘scale’) models and similar recreational models, working or not; puzzles of all kinds

Manufacture:

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

—

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

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

—

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

ex ex 9506

Golf clubs and parts thereof

Manufacture from materials of any heading, except that of the product. However, roughly-shaped blocks for making golf-club heads may be used

ex Chapter 96

Miscellaneous manufactured articles; except for:

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

ex ex 9601 and ex ex 9602

Articles of animal, vegetable or mineral carving materials

Manufacture from ‘worked’ carving materials of the same heading as the product

ex ex 9603

Brooms and brushes (except for besoms and the like and brushes made from marten or squirrel hair), hand-operated mechanical floor sweepers, not motorized, paint pads and rollers, squeegees and mops

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

9605

Travel sets for personal toilet, sewing or shoe or clothes cleaning

Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the ex-works price of the set

9606

Buttons, press-fasteners, snap-fasteners and press-studs, button moulds and other parts of these articles; button blanks

Manufacture:

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

—

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

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

—

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

9608

Ball-point pens; felt-tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating stylos; propelling or sliding pencils; pen-holders, pencil-holders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading 9609

Manufacture from materials of any heading, except that of the product. However, nibs or nib-points of the same heading as the product may be used

9612

Typewriter or similar ribbons, inked or otherwise prepared for giving impressions, whether or not on spools or in cartridges; ink-pads, whether or not inked, with or without boxes

Manufacture:

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

—

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

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

—

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

ex ex 9613

Lighters with piezo-igniter

Manufacture in which the value of all the materials of heading 9613 used does not exceed 30 % of the ex-works price of the product

ex ex 9614

Smoking pipes and pipe bowls

Manufacture from roughly-shaped blocks

Chapter 97

Works of art, collectors' pieces and antiques

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

---

(1)  For the special conditions relating to ‘specific processes’, see Introductory notes 7.1 and 7.3.

(2)  For the special conditions relating to ‘specific processes’, see Introductory note 7.2.

(3)  Note 3 to Chapter 32 says that these preparations are those of a kind used for colouring any material or used as ingredients in the manufacture of colouring preparations, provided that they are not classified in another heading in Chapter 32.

(4)  A ‘group’ is regarded as any part of the heading separated from the rest by a semicolon.

(5)  In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.

(6)  The following foils shall be considered as highly transparent: foils, the optical dimming of which, measured according to ASTM-D 1003-16 by Gardner Hazemeter (i.e. Hazefactor), is less than 2 %.

(7)  For special conditions relating to products made of a mixture of textile materials, see Introductory note 5.

(8)  The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.

(9)  See Introductory note 6.

(10)  For knitted or crocheted articles, not elastic or rubberised, obtained by sewing or assembling pieces of knitted or crocheted fabrics (cut out or knitted directly to shape), see Introductory note 6.

(11)  SEMII — Semiconductor Equipment and Materials Institute Incorporated.

(12)  This rule shall apply until 31.12.2005.

ANNEX III

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

Printing instructions

| 1. | Each form shall measure 210 × 297 mm; a tolerance of up to minus 5 mm or plus 8 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye. |
| --- | --- |

1.

Each form shall measure 210 × 297 mm; a tolerance of up to minus 5 mm or plus 8 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

| 2. | The competent authorities of the Member States of the Community and of Switzerland may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified. |
| --- | --- |

2.

The competent authorities of the Member States of the Community and of Switzerland may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.

Image

Image

Image

Image

ANNEX IV

Text of the invoice declaration

The invoice 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.

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.

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)

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 nichts anderes angegeben, präferenzbegünstigte ... (2) Ursprungswaren sind.

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).

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).

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).

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).

Portuguese version

O abaixo assinado, exportador dos produtos cobertos pelo presente documento [autorização aduaneira n.o ... (1)], declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial ... (2).

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 invoice declaration is made out by an approval exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice 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. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Mellila, 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)  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

List of products originating in Turkey to which the provisions of Articles 3 and 4 do not apply, listed in the order of HS Chapters and headings

| Chapter 1 | |
| --- | --- |
| Chapter 2 | |
| Chapter 3 | |
| 0401 and 0402 | |
| ex ex 0403 | Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter |
| 0404 to 0410 | |
| 0504 | |
| 0511 | |
| Chapter 6 | |
| 0701 to 0709 | |
| ex ex 0710 | Vegetables except sweet corn of heading 0704 40 00 (uncooked or cooked by steaming or boiling in water), frozen |
| ex ex 0711 | Vegetables, except sweet corn of heading 0711 90 30, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption |
| 0712 to 0714 | |
| Chapter 8 | |
| ex Chapter 9 | Coffee, tea, and spices, excluding maté of heading 0903 |
| Chapter 10 | |
| Chapter 11 | |
| Chapter 12 | |
| ex ex 1302 | Pectic substances, pectinates and pectates |
| 1501 to 1514 | |
| ex ex 1515 — | Other fixed vegetable fats and oils (excluding jojoba oil and its fractions) and their fractions, whether or not refined, but not chemically modified |
| ex ex 1516 — | Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared, excluding hydrogenated castor oil known as ‘opal-wax’ |
| ex ex 1517 and | |
| ex ex 1518 — | Margarines, imitation lard and other prepared edible fats |
| ex ex 1522 — | Residues resulting from the treatment of fatty substances or animal or vegetable waxes, excluding degras |
| Chapter 16 | |
| 1701 | |
| ex ex 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 excluding that of headings 1702 11 00, 1702 30 51, 1702 30 59, 1702 50 00 and 1702 90 10 |
| 1703 | |
| 1801 and 1802 | |
| ex ex 1902 — | Pasta, stuffed, containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates, sausages and the like or meat and meat offal of any kind, including fats of all kinds |
| ex ex 2001 — | Cucumbers and gherkins, onions, mango chutney, fruit of the genus Capsicum other than sweet peppers or pimentos, mushrooms and olives, prepared or preserved by vinegar or acetic acid |
| 2002 and 2003 | |
| ex ex 2004 — | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006, excluding potatoes in the form of flour, meal or flakes, and sweetcorn |
| ex ex 2005 — | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006, excluding potatoes in the form of flour, meal or flakes, and sweetcorn |
| 2006 and 2007 | |
| ex ex 2008 — | Fruits, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding peanut butter, palm hearts, maize, yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, vine leaves, hop shoots and other similar edible parts of plants |
| 2009 | |
| ex ex 2106 — | Flavoured and coloured sugar syrups |
| 2204 | |
| 2206 | |
| ex ex 2207 — | Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher obtained from agricultural produce listed here |
| ex ex 2208 — | Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol obtained from agricultural produce listed here. |
| 2209 | |
| Chapter 23 | |
| 2401 | |
| 4501 | |
| 5301 and 5302 | |

Chapter 1

Chapter 2

Chapter 3

0401 and 0402

ex ex 0403

Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter

0404 to 0410

0504

0511

Chapter 6

0701 to 0709

ex ex 0710

Vegetables except sweet corn of heading 0704 40 00 (uncooked or cooked by steaming or boiling in water), frozen

ex ex 0711

Vegetables, except sweet corn of heading 0711 90 30, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

0712 to 0714

Chapter 8

ex Chapter 9

Coffee, tea, and spices, excluding maté of heading 0903

Chapter 10

Chapter 11

Chapter 12

ex ex 1302

Pectic substances, pectinates and pectates

1501 to 1514

ex ex 1515 —

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

ex ex 1516 —

Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared, excluding hydrogenated castor oil known as ‘opal-wax’

ex ex 1517 and

ex ex 1518 —

Margarines, imitation lard and other prepared edible fats

ex ex 1522 —

Residues resulting from the treatment of fatty substances or animal or vegetable waxes, excluding degras

Chapter 16

1701

ex ex 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 excluding that of headings 1702 11 00, 1702 30 51, 1702 30 59, 1702 50 00 and 1702 90 10

1703

1801 and 1802

ex ex 1902 —

Pasta, stuffed, containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates, sausages and the like or meat and meat offal of any kind, including fats of all kinds

ex ex 2001 —

Cucumbers and gherkins, onions, mango chutney, fruit of the genus Capsicum other than sweet peppers or pimentos, mushrooms and olives, prepared or preserved by vinegar or acetic acid

2002 and 2003

ex ex 2004 —

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006, excluding potatoes in the form of flour, meal or flakes, and sweetcorn

ex ex 2005 —

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006, excluding potatoes in the form of flour, meal or flakes, and sweetcorn

2006 and 2007

ex ex 2008 —

Fruits, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding peanut butter, palm hearts, maize, yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, vine leaves, hop shoots and other similar edible parts of plants

2009

ex ex 2106 —

Flavoured and coloured sugar syrups

2204

2206

ex ex 2207 —

Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher obtained from agricultural produce listed here

ex ex 2208 —

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol obtained from agricultural produce listed here.

2209

Chapter 23

2401

4501

5301 and 5302

| 1. | Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonised System shall be accepted by Switzerland as originating in the Community within the meaning of this Agreement. |
| --- | --- |

1.

Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonised System shall be accepted by Switzerland as originating in the Community within the meaning of this Agreement.

| 2. | Protocol 3 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products. |
| --- | --- |

2.

Protocol 3 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products.

| 1. | Products originating in the Republic of San Marino shall be accepted by Switzerland as originating in the Community within the meaning of this Agreement. |
| --- | --- |

1.

Products originating in the Republic of San Marino shall be accepted by Switzerland as originating in the Community within the meaning of this Agreement.

| 2. | Protocol 3 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products. |
| --- | --- |

2.

Protocol 3 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products.

Where, following the amendments made to the nomenclature, the changes to the origin rules as introduced by Decision No 0000/2004 alter the substance of any rule existing prior to Decision 0000/2004, and it appears that such alteration results in a situation prejudicial to the interest of the sectors concerned, then, if one of the Contracting Parties so requests in the period up to and including 31 December 2004, an examination shall be made as a matter of urgency by the Joint Committee, of the need to restore the substance of the rule concerned as it was before Decision 0000/2004.

In any case the Joint Committee shall decide to restore, or not to restore, the substance of the rule concerned within a period of three months of the request being made to it by either of the parties to the Agreement.

If the substance of the rule concerned is restored, then the parties to the Agreement shall also provide the legal framework necessary to ensure that any customs duties paid on the products concerned imported after 1 January 2002 can be reimbursed.

---

| 27.11.2004 | EN | Official Journal of the European Union | L 352/129 |
| --- | --- | --- | --- |

27.11.2004

EN

Official Journal of the European Union

L 352/129

---

DECISION No 1/2004 OF THE EU-SWISS JOINT COMMITTEE

of 30 April 2004

amending Annex III (Mutual recognition of professional qualifications) to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons

(2004/802/EC)

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (the Agreement), and in particular Articles 14 and 18 thereof,

Whereas:

| (1) | The Agreement was signed on 21 June 1999 and entered into force on 1 June 2002. The Community acts taken into account in Annex III were those in force on 31 December 1998. |
| --- | --- |

(1)

The Agreement was signed on 21 June 1999 and entered into force on 1 June 2002. The Community acts taken into account in Annex III were those in force on 31 December 1998.

| (2) | Annex III should now be updated to take account of amendments made since 21 June 1999, essentially by Directives 1999/42/EC (1) and 2001/19/EC (2). |
| --- | --- |

(2)

Annex III should now be updated to take account of amendments made since 21 June 1999, essentially by Directives 1999/42/EC (1) and 2001/19/EC (2).

| (3) | The amendments to Annex III will take effect from the date on which this Decision enters into force, |
| --- | --- |

(3)

The amendments to Annex III will take effect from the date on which this Decision enters into force,

HAS DECIDED AS FOLLOWS:

Article 1

Annex III to the Agreement will be replaced by the text set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption by the EU-Swiss Joint Committee.

Done at Brussels, 30 April 2004.

For the Joint Committee

The President

Dieter GROSSEN

---

(1)  OJ L 201, 31.7.1999, p. 77.

1

(2)  OJ L 206, 31.7.2001, p. 1.

2

---

ANNEX

‘ANNEX III

MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS

SECTION A

Acts referred to

A.   General system

1.   389 L 0048: Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ L 19, 24.1.1989, p. 16), as amended by:

—   32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ L 206, 31.7.2001, p. 1).

2.   392 L 0051: Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/58/EEC (OJ L 209, 24.7.1992, p. 25), as amended by:

—   394 L 0038: Commission Directive 94/38/EC of 26 July 1994 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 217, 23.8.1994, p. 8),

—   395 L 0043: Commission Directive 95/43/EC of 20 July 1995 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 184, 3.8.1995, p. 21),

—   95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),

—   397 L 0038: Commission Directive 97/38/EC of 20 June 1997 amending Annex C to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Council Directive 89/48/EEC (OJ L 184, 3.8.1997, p. 31),

—   32000 L 0005: Commission Directive 2000/5/EC of 25 February 2000 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 54, 26.2.2000, p. 42),

—   32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ L 206, 31.7.2001, p. 1).

3.   399 L 0042: Directive 99/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999, p. 77, with the corrigendum 31999L0042R(01) published in OJ L 23, 25.1.2002, p. 48).

B.   Legal professions

4.   377 L 0249: Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ L 78, 26.3.1977, p. 17), as amended by:

—   1 79 H: Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291, 19.11.1979, p. 91),

—   1 85 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 160),

—   95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1).

For the purposes of this Agreement, the Directive shall be amended as follows:

the following shall be added to Article 1(2):

“Switzerland:

Avocat

Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech

Avvocato.”

—   398 L 0005: Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77, 14.3.1998, p. 36).

For the purposes of this Agreement, the Directive is amended as follows:

the following text shall be added to Article 1(2)(a):

“Switzerland:

Avocat

Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech

Avvocato.”

C.   Medical and paramedical activities

6.   381 L 1057: Council Directive 81/1057/EEC of 14 December 1981 supplementing Directives 75/362/EEC, 77/452/EEC, 78/686/EEC and 78/1026/EEC concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of doctors, nurses responsible for general care, dental practitioners and veterinary surgeons respectively, with regard to acquired rights (OJ L 385, 31.12.1981, p. 25).

Doctors of medicine

7.   393 L 0016: Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 165, 7.7.1993, p. 1), as amended by:

—   95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),

—   398 L 0021: Commission Directive 98/21/EC of 8 April 1998 amending Council Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 119, 22.4.1998, p. 15),

—   398 L 0063: Commission Directive 98/63/EC of 3 September 1998 amending Council Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 253, 15.9.1998, p. 24),

—   399 L 0046: Commission Directive 1999/46/EC of 21 May 1999 amending Council Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 139, 2.6.1999, p. 25),

—   32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ L 206, 31.7.2001, p. 1),

—   52002 XC 0316 (02): Communication: Notification of titles of qualification in specialised medicine,

—   52002 XC 1128 (01): Notification of titles of qualification in specialised medicine;

“ANNEX A

Diplomas, certificates and other evidence of formal qualifications in medicine

| Country | Title of diploma | Body awarding diploma | Certificate accompanying diploma |
| --- | --- | --- | --- |
| Switzerland | Diplôme fédéral de médecin
  Eidgenössisches Arztdiplom
  Diploma federale di medico | Département fédéral de l'intérieur
  Eidgenössisches Departement des Innern
  Dipartimento federale dell'interno” | |

Country

Title of diploma

Body awarding diploma

Certificate accompanying diploma

Switzerland

Diplôme fédéral de médecin

Eidgenössisches Arztdiplom

Diploma federale di medico

Département fédéral de l'intérieur

Eidgenössisches Departement des Innern

Dipartimento federale dell'interno”

“ANNEX B

Diplomas, certificates and other evidence of formal qualifications in specialised medicine

| Country | Title of diploma | Body awarding diploma | Certificate accompanying diploma |
| --- | --- | --- | --- |
| Switzerland | Diplôme de médecin spécialiste
  Diplom als Facharzt
  Diploma di medico specialista | Département fédéral de l'intérieur et Fédération des médecins suisses
  Eidgenössisches Departement des Innern und Verbindung der Schweizer Ärztinnen und Ärzte
  Dipartimento federale dell'interno e Federazione dei medici svizzeri” | |

Country

Title of diploma

Body awarding diploma

Certificate accompanying diploma

Switzerland

Diplôme de médecin spécialiste

Diplom als Facharzt

Diploma di medico specialista

Département fédéral de l'intérieur et Fédération des médecins suisses

Eidgenössisches Departement des Innern und Verbindung der Schweizer Ärztinnen und Ärzte

Dipartimento federale dell'interno e Federazione dei medici svizzeri”

“ANNEX C

Types of specialist medical training

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Anaesthetics
  Minimum period of training: three years |
| Switzerland | Anesthésiologie
  Anästhesiologie
  Anestesiologia | |

Country

Title of diploma

Body awarding diploma

Anaesthetics

Minimum period of training: three years

Switzerland

Anesthésiologie

Anästhesiologie

Anestesiologia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| General surgery
  Minimum period of training: five years |
| Switzerland | Chirurgie
  Chirurgie
  Chirurgia | |

Country

Title of diploma

Body awarding diploma

General surgery

Minimum period of training: five years

Switzerland

Chirurgie

Chirurgie

Chirurgia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Neurosurgery
  Minimum period of training: five years |
| Switzerland | Neurochirurgie
  Neurochirurgie
  Neurochirurgia | |

Country

Title of diploma

Body awarding diploma

Neurosurgery

Minimum period of training: five years

Switzerland

Neurochirurgie

Neurochirurgie

Neurochirurgia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Gynaecology and obstetrics:
  Minimum period of training: four years |
| Switzerland | Gynécologie et obstétrique
  Gynäkologie und Geburtshilfe
  Ginecologia e ostetricia | |

Country

Title of diploma

Body awarding diploma

Gynaecology and obstetrics:

Minimum period of training: four years

Switzerland

Gynécologie et obstétrique

Gynäkologie und Geburtshilfe

Ginecologia e ostetricia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Internal medicine
  Minimum period of training: five years |
| Switzerland | Médecine interne
  Innere Medizin
  Medicina interna | |

Country

Title of diploma

Body awarding diploma

Internal medicine

Minimum period of training: five years

Switzerland

Médecine interne

Innere Medizin

Medicina interna

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Opthhalmology
  Minimum period of training: three years |
| Switzerland | Ophtalmologie
  Ophtalmologie
  Oftalmologia | |

Country

Title of diploma

Body awarding diploma

Opthhalmology

Minimum period of training: three years

Switzerland

Ophtalmologie

Ophtalmologie

Oftalmologia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Otorhinolaryngology
  Minimum period of training: three years |
| Switzerland | Oto-rhino-laryngologie
  Oto-rhino-laryngologie
  Otorinolaringoiatria | |

Country

Title of diploma

Body awarding diploma

Otorhinolaryngology

Minimum period of training: three years

Switzerland

Oto-rhino-laryngologie

Oto-rhino-laryngologie

Otorinolaringoiatria

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Paediatrics
  Minimum period of training: four years |
| Switzerland | Pédiatrie
  Kinder- und Jugendmedizin
  Pediatria | |

Country

Title of diploma

Body awarding diploma

Paediatrics

Minimum period of training: four years

Switzerland

Pédiatrie

Kinder- und Jugendmedizin

Pediatria

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Pneumo-phthisiology
  Minimum period of training: four years |
| Switzerland | Pneumologie
  Pneumologie
  Pneumologia | |

Country

Title of diploma

Body awarding diploma

Pneumo-phthisiology

Minimum period of training: four years

Switzerland

Pneumologie

Pneumologie

Pneumologia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Urology
  Minimum period of training: five years |
| Switzerland | Urologie
  Urologie
  Urologia | |

Country

Title of diploma

Body awarding diploma

Urology

Minimum period of training: five years

Switzerland

Urologie

Urologie

Urologia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Orthopaedics
  Minimum period of training: five years |
| Switzerland | Chirurgie orthopédique et traumatologie de l'appareil locomoteur
  Orthopädische Chirurgie und Traumatologie des Bewegungsapparates
  Chirurgia ortopedica e traumatologia del sistema motorio | |

Country

Title of diploma

Body awarding diploma

Orthopaedics

Minimum period of training: five years

Switzerland

Chirurgie orthopédique et traumatologie de l'appareil locomoteur

Orthopädische Chirurgie und Traumatologie des Bewegungsapparates

Chirurgia ortopedica e traumatologia del sistema motorio

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Pathological anatomy
  Minimum period of training: four years |
| Switzerland | Pathologie
  Pathologie
  Patologia | |

Country

Title of diploma

Body awarding diploma

Pathological anatomy

Minimum period of training: four years

Switzerland

Pathologie

Pathologie

Patologia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Neurology
  Minimum period of training: four years |
| Switzerland | Neurologie
  Neurologie
  Neurologia | |

Country

Title of diploma

Body awarding diploma

Neurology

Minimum period of training: four years

Switzerland

Neurologie

Neurologie

Neurologia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Psychiatry
  Minimum period of training: four years |
| Switzerland | Psychiatrie et psychothérapie
  Psychiatrie und Psychotherapie
  Psichiatria e psicoterapia | |

Country

Title of diploma

Body awarding diploma

Psychiatry

Minimum period of training: four years

Switzerland

Psychiatrie et psychothérapie

Psychiatrie und Psychotherapie

Psichiatria e psicoterapia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Diagnostic radiology
  Minimum period of training: four years |
| Switzerland | Radiologie
  Radiologie
  Radiologia | |

Country

Title of diploma

Body awarding diploma

Diagnostic radiology

Minimum period of training: four years

Switzerland

Radiologie

Radiologie

Radiologia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Radiotherapy
  Minimum period of training: four years |
| Switzerland | Radio-oncologie/radiothérapie
  Radio-Onkologie/Strahlentherapie
  Radio-oncologia/radioterapia | |

Country

Title of diploma

Body awarding diploma

Radiotherapy

Minimum period of training: four years

Switzerland

Radio-oncologie/radiothérapie

Radio-Onkologie/Strahlentherapie

Radio-oncologia/radioterapia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Plastic surgery
  Minimum period of training: five years |
| Switzerland | Chirurgie plastique, reconstructive et esthétique
  Plastische, rekonstruktive und ästhetische Chirurgie
  Chirurgia plastica, ricostruttiva ed estetica | |

Country

Title of diploma

Body awarding diploma

Plastic surgery

Minimum period of training: five years

Switzerland

Chirurgie plastique, reconstructive et esthétique

Plastische, rekonstruktive und ästhetische Chirurgie

Chirurgia plastica, ricostruttiva ed estetica

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Thoracic surgery
  Minimum period of training: five years |
| Switzerland | Chirurgie cardiaque et vasculaire thoracique
  Herz- und thorakale Gefässchirurgie
  Chirurgia del cuore e dei vasi toracici | |

Country

Title of diploma

Body awarding diploma

Thoracic surgery

Minimum period of training: five years

Switzerland

Chirurgie cardiaque et vasculaire thoracique

Herz- und thorakale Gefässchirurgie

Chirurgia del cuore e dei vasi toracici

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Paediatric surgery
  Minimum period of training: five years |
| Switzerland | Chirurgie pédiatrique
  Kinderchirurgie
  Chirurgia pediatrica | |

Country

Title of diploma

Body awarding diploma

Paediatric surgery

Minimum period of training: five years

Switzerland

Chirurgie pédiatrique

Kinderchirurgie

Chirurgia pediatrica

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Cardiology
  Minimum period of training: four years |
| Switzerland | Cardiologie
  Kardiologie
  Cardiologia | |

Country

Title of diploma

Body awarding diploma

Cardiology

Minimum period of training: four years

Switzerland

Cardiologie

Kardiologie

Cardiologia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Gastroenterology
  Minimum period of training: four years |
| Switzerland | Gastro-entérologie
  Gastroenterologie
  Gastroenterologia | |

Country

Title of diploma

Body awarding diploma

Gastroenterology

Minimum period of training: four years

Switzerland

Gastro-entérologie

Gastroenterologie

Gastroenterologia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Rheumatology
  Minimum period of training: four years |
| Switzerland | Rhumatologie
  Rheumatologie
  Reumatologia | |

Country

Title of diploma

Body awarding diploma

Rheumatology

Minimum period of training: four years

Switzerland

Rhumatologie

Rheumatologie

Reumatologia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| General haematology
  Minimum period of training: three years |
| Switzerland | Hématologie
  Hämatologie
  Ematologia | |

Country

Title of diploma

Body awarding diploma

General haematology

Minimum period of training: three years

Switzerland

Hématologie

Hämatologie

Ematologia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Endocrinology
  Minimum period of training: three years |
| Switzerland | Endocrinologie-diabétologie
  Endokrinologie-Diabetologie
  Endocrinologia-diabetologia | |

Country

Title of diploma

Body awarding diploma

Endocrinology

Minimum period of training: three years

Switzerland

Endocrinologie-diabétologie

Endokrinologie-Diabetologie

Endocrinologia-diabetologia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Physical and rehabilitative medicine
  Minimum period of training: three years |
| Switzerland | Médecine physique et réadaptation
  Physikalische Medizin und Rehabilitation
  Medicina fisica e riabilitatzione | |

Country

Title of diploma

Body awarding diploma

Physical and rehabilitative medicine

Minimum period of training: three years

Switzerland

Médecine physique et réadaptation

Physikalische Medizin und Rehabilitation

Medicina fisica e riabilitatzione

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Dermato-venereology
  Minimum period of training: three years |
| Switzerland | Dermatologie et vénéréologie
  Dermatologie und Venerologie
  Dermatologia e venereologia | |

Country

Title of diploma

Body awarding diploma

Dermato-venereology

Minimum period of training: three years

Switzerland

Dermatologie et vénéréologie

Dermatologie und Venerologie

Dermatologia e venereologia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Tropical medicine
  Minimum period of training: four years |
| Switzerland | Médecine tropicale et médecine des voyages
  Tropen- und Reisemedizin
  Medicina tropicale e medicina di viaggio | |

Country

Title of diploma

Body awarding diploma

Tropical medicine

Minimum period of training: four years

Switzerland

Médecine tropicale et médecine des voyages

Tropen- und Reisemedizin

Medicina tropicale e medicina di viaggio

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Child psychiatry
  Minimum period of training: four years |
| Switzerland | Psychiatrie et psychothérapie d’enfants et d’adolescents
  Kinder- und Jugendpsychiatrie und -psychotherapie
  Psichiatria e psicoterapia infantile e dell’adolescenza | |

Country

Title of diploma

Body awarding diploma

Child psychiatry

Minimum period of training: four years

Switzerland

Psychiatrie et psychothérapie d’enfants et d’adolescents

Kinder- und Jugendpsychiatrie und -psychotherapie

Psichiatria e psicoterapia infantile e dell’adolescenza

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Renal diseases
  Minimum period of training: four years |
| Switzerland | Néphrologie
  Nephrologie
  Nefralogia | |

Country

Title of diploma

Body awarding diploma

Renal diseases

Minimum period of training: four years

Switzerland

Néphrologie

Nephrologie

Nefralogia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Public health and social medicine
  Minimum period of training: four years |
| Switzerland | Prévention et santé publique
  Prävention und Gesundheitswesen
  Prevenzione e salute pubblica | |

Country

Title of diploma

Body awarding diploma

Public health and social medicine

Minimum period of training: four years

Switzerland

Prévention et santé publique

Prävention und Gesundheitswesen

Prevenzione e salute pubblica

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Pharmacology
  Minimum period of training: four years |
| Switzerland | Pharmacologie clinique et toxicologie
  Klinische Pharmakologie und Toxikologie
  Farmacologia clinica e tossicologia | |

Country

Title of diploma

Body awarding diploma

Pharmacology

Minimum period of training: four years

Switzerland

Pharmacologie clinique et toxicologie

Klinische Pharmakologie und Toxikologie

Farmacologia clinica e tossicologia

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Occupational medicine
  Minimum period of training: four years |
| Switzerland | Médecine du travail
  Arbeitsmedizin
  Medicina del lavoro | |

Country

Title of diploma

Body awarding diploma

Occupational medicine

Minimum period of training: four years

Switzerland

Médecine du travail

Arbeitsmedizin

Medicina del lavoro

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Allergology
  Minimum period of training: three years |
| Switzerland | Allergologie et immunologie clinique
  Allergologie und klinische Immunologie
  Allergologia e immunologia clinica | |

Country

Title of diploma

Body awarding diploma

Allergology

Minimum period of training: three years

Switzerland

Allergologie et immunologie clinique

Allergologie und klinische Immunologie

Allergologia e immunologia clinica

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Nuclear medicine
  Minimum period of training: four years |
| Switzerland | Médecine nucléaire
  Nuklearmedizin
  Medicina nucleare | |

Country

Title of diploma

Body awarding diploma

Nuclear medicine

Minimum period of training: four years

Switzerland

Médecine nucléaire

Nuklearmedizin

Medicina nucleare

| Country | Title of diploma | Body awarding diploma |
| --- | --- | --- |
| Maxillo-facial surgery (basic medical training)
  Minimum period of training: five years |
| Switzerland | Chirurgie maxillo-faciale
  Kiefer- und Gesichtschirurgie
  Chirurgia mascello-facciale” | |

Country

Title of diploma

Body awarding diploma

Maxillo-facial surgery (basic medical training)

Minimum period of training: five years

Switzerland

Chirurgie maxillo-faciale

Kiefer- und Gesichtschirurgie

Chirurgia mascello-facciale”

8.   96/C/216/03: List of designations of diplomas, certificates and other evidence of formal qualifications as general medical practitioner published in accordance with Article 41 of Directive 93/16/EEC:

| | “diplôme de médecin praticien” |
| --- | --- |

“diplôme de médecin praticien”

| | “Diplom als praktischer Arzt/praktische Ärztin” |
| --- | --- |

“Diplom als praktischer Arzt/praktische Ärztin”

| | “diploma di medico generico” |
| --- | --- |

“diploma di medico generico”

| | “médecin praticien” |
| --- | --- |

“médecin praticien”

| | “praktischer Arzt/praktische Ärztin” |
| --- | --- |

“praktischer Arzt/praktische Ärztin”

| | “medico generico” |
| --- | --- |

“medico generico”

Nurses

9.   377 L 0452: Council Directive 77/452/EEC of 27 June 1977 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, including measures to facilitate the effective exercise of this right of establishment and freedom to provide services (OJ L 176, 15.7.1977, p. 1), as amended by:

—   1 79 H: Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291, 19.11.1979, p. 91),

—   1 85 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 160),

—   389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19),

—   389 L 0595: Council Directive 89/595/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 30).

—   390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73),

—   95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),

—   32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ L 206, 31.7.2001, p. 1);

for the purposes of this Agreement, the Directive shall be amended as follows:

“in Switzerland:

| | infirmière, infirmier |
| --- | --- |

infirmière, infirmier

| | Pflegefachfrau, Pflegefachmann |
| --- | --- |

Pflegefachfrau, Pflegefachmann

| | infermiera, infermiere”; |
| --- | --- |

infermiera, infermiere”;

“ANNEX

Titles of diplomas, certificates and other evidence of formal qualifications in nursing (general care)

| Country | Title of diploma | Body awarding diploma | Certificate accompanying diploma |
| --- | --- | --- | --- |
| Switzerland | infirmière diplômée et infirmier diplômé
  diplomierte Pflegefachfrau, diplomierter Pflegefachmann
  infermiera diplomata e infermiere diplomato | Ecoles qui proposent des filières de formation reconnues par l' État
  Schulen, die staatlich anerkannte Bildungsgänge durchführen
  Scuole che propongono dei cicli di formazione riconosciuti dallo Statu” | |

Country

Title of diploma

Body awarding diploma

Certificate accompanying diploma

Switzerland

infirmière diplômée et infirmier diplômé

diplomierte Pflegefachfrau, diplomierter Pflegefachmann

infermiera diplomata e infermiere diplomato

Ecoles qui proposent des filières de formation reconnues par l' État

Schulen, die staatlich anerkannte Bildungsgänge durchführen

Scuole che propongono dei cicli di formazione riconosciuti dallo Statu”

10.   377 L 0453: Council Directive 77/453/EEC of 27 June 1977 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of nurses responsible for general care (OJ L 176, 15.7.1977, p. 8), as amended by:

—   389 L 0595: Council Directive 89/595/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 30),

—   32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ L 206, 31.7.2001, p. 1).

Dental practitioners

11.   378 L 0686: Council Directive 78/686/EEC of 25 July 1978 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 233, 24.8.1978, p. 1), as amended by:

—   1 79 H: Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291, 19.11.1979, p. 91),

—   1 85 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 160),

—   389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19),

—   390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73),

—   95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),

—   32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ L 206, 31.7.2001, p. 1);

for the purposes of this Agreement, the Directive shall be amended as follows:

“in Switzerland:

| | médecin dentiste |
| --- | --- |

médecin dentiste

| | Zahnarzt |
| --- | --- |

Zahnarzt

| | medico-dentista”; |
| --- | --- |

medico-dentista”;

“ANNEX A

Titles of diplomas, certificates and other evidence of formal qualifications of dental practitioners

| Country | Title of diploma | Body awarding diploma | Certificate accompanying diploma |
| --- | --- | --- | --- |
| Switzerland | Diplôme fédéral de médecin-dentiste
  Eidgenössisches Zahnarztdiplom
  Diploma federale di medico-dentista | Département fédéral de l’intérieur
  Eidgenössisches Departement des Innern
  Dipartimento federale dell’interno” | |

Country

Title of diploma

Body awarding diploma

Certificate accompanying diploma

Switzerland

Diplôme fédéral de médecin-dentiste

Eidgenössisches Zahnarztdiplom

Diploma federale di medico-dentista

Département fédéral de l’intérieur

Eidgenössisches Departement des Innern

Dipartimento federale dell’interno”

“ANNEX B

Titles of diplomas, certificates and other evidence of formal qualifications of specialist dental practitioners

(a)   Orthodontics

| Country | Title of diploma | Body awarding diploma | Certificate accompanying diploma |
| --- | --- | --- | --- |
| Switzerland | Diplôme fédéral d’orthodontiste
  Diplom für Kieferorthopädie
  Diploma di ortodontista | Département fédéral de l’intérieur et Société Suisse d’Odonto-stomatologie
  Eidgenössisches Departement des Innern und Schweizerische Zahnärzte-Gesellschaft
  Dipartimento federale dell’interno e Società Svizzera di Odontologia e Stomatologia | |

Country

Title of diploma

Body awarding diploma

Certificate accompanying diploma

Switzerland

Diplôme fédéral d’orthodontiste

Diplom für Kieferorthopädie

Diploma di ortodontista

Département fédéral de l’intérieur et Société Suisse d’Odonto-stomatologie

Eidgenössisches Departement des Innern und Schweizerische Zahnärzte-Gesellschaft

Dipartimento federale dell’interno e Società Svizzera di Odontologia e Stomatologia

(b)   Oral surgery

| Country | Title of diploma | Body awarding diploma | Certificate accompanying diploma |
| --- | --- | --- | --- |
| Switzerland | Diplôme fédéral de chirurgie orale
  Diplom für Oralchirurgie
  Diploma di chirurgia orale | Département fédéral de l’intérieur et Société Suisse d’Odonto-stomatologie
  Eidgenössisches Departement des Innern und Schweizerische Zahnärzte-Gesellschaft
  Dipartimento federale dell’interno e Società Svizzera di Odontologia e Stomatologia” | |

Country

Title of diploma

Body awarding diploma

Certificate accompanying diploma

Switzerland

Diplôme fédéral de chirurgie orale

Diplom für Oralchirurgie

Diploma di chirurgia orale

Département fédéral de l’intérieur et Société Suisse d’Odonto-stomatologie

Eidgenössisches Departement des Innern und Schweizerische Zahnärzte-Gesellschaft

Dipartimento federale dell’interno e Società Svizzera di Odontologia e Stomatologia”

12.   378 L 0687: Council Directive 78/687/EEC of 25 July 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of dental practitioners (OJ L 233, 24.8.1978, p. 10), as amended by:

—   95/1/EC, Euratom, , ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),

—   32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ L 206, 31.7.2001, p. 1).

Veterinary surgeons

13.   378 L 1026: Council Directive 78/1026/EEC of 18 December 1978 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 362, 23.12.1978, p. 1), as amended by:

—   1 79 H: Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291, 19.11.1979, p. 92)

—   1 85 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 160),

—   389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19),

—   390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73),

—   95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),

—   32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ L 206, 31.7.2001, p. 1);

Article 3 shall be replaced by the Annex on diplomas, certificates and other evidence of formal qualifications in veterinary medicine, to which the following text shall be added:

“ANNEX

14.   378 L 1027: Council Directive 78/1027/EEC of 18 December 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of veterinary surgeons (OJ L 362, 23.12.1978, p. 7), as amended by:

—   389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19),

—   32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ L 206, 31.7.2001, p. 1).

Midwives

15.   380 L 0154: Council Directive 80/154/EEC of 21 January 1980 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in midwifery and including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 33, 11.2.1980, p. 1), as amended by:

—   380 L 1273: Council Directive 80/1273/EEC of 22 December 1980 (OJ L 375, 31.12.1980, p. 74),

—   185 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 161),

—   389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19),

—   390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73),

—   95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),

—   32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ L 206, 31.7.2001, p. 1);

for the purposes of this Agreement, the Directive shall be amended as follows:

“in Switzerland:

| | Sage–femme |
| --- | --- |

Sage–femme

| | Hebamme |
| --- | --- |

Hebamme

| | Levatrice” |
| --- | --- |

Levatrice”

“ANNEX

Titles of diplomas, certificates and other evidence of formal qualifications in midwifery

| Country | Title of diploma | Body awarding diploma | Certificate accompanying diploma |
| --- | --- | --- | --- |
| Switzerland | Sage-femme diplômée
  Diplomierte Hebamme
  Levatrice diplomata | Ecoles qui proposent des filières de formation reconnues par l' État
  Schulen, die staatlich anerkannte Bildungsgänge durchführen
  Scuole che propongono dei cicli di formazione riconosciuti dallo Statu” | |

Country

Title of diploma

Body awarding diploma

Certificate accompanying diploma

Switzerland

Sage-femme diplômée

Diplomierte Hebamme

Levatrice diplomata

Ecoles qui proposent des filières de formation reconnues par l' État

Schulen, die staatlich anerkannte Bildungsgänge durchführen

Scuole che propongono dei cicli di formazione riconosciuti dallo Statu”

16.   380 L 0155: Council Directive 80/155/EEC of 21 January 1980 concerning the coordination of provisions laid down by law, regulation or administrative action relating to the taking up and pursuit of the activities of midwives (OJ L 33, 11.2.1980, p. 8), as amended by:

—   389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19),

—   32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ L 206, 31.7.2001, p. 1).

Pharmacy

17.   385 L 0432: Council Directive 85/432/EEC of 16 September 1985 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy (OJ L 253, 24.9.1985, p. 34), as amended by:

—   32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ L 206, 31.7.2001, p. 1).

18.   385 L 0433: Council Directive 85/433/EEC of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy (OJ L 253, 24.9.1985, p. 37), as amended by:

—   385 L 0584: Council Directive 85/584/EEC of 20 December 1985 (OJ L 372, 31.12.1985, p. 42),

—   390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73),

—   95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),

—   32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ L 206, 31.7.2001, p. 1);

for the purposes of this Agreement, the Directive shall be amended as follows:

Article 4 shall be replaced by the Annex on diplomas, certificates and other evidence of professional qualifications in pharmacy, to which the following text shall be added:

“ANNEX

D.   Architecture

19.   385 L 0384: Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 223, 21.8.1985, p. 15), as amended by:

—   385 L 0614: Council Directive 85/614/EEC of 20 December 1985 (OJ L 376, 31.12.1985, p. 1),

—   386 L 0017: Council Directive 86/17/EEC of 27 January 1986 (OJ L 27, 1.2.1986, p. 71),

—   390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73),

—   95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),

—   32001 L 0019: Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ L 206, 31.7.2001, p. 1);

“in Switzerland:

| — | the diplomas awarded by the écoles polytechniques fédérales/ Eidgenössische Technische Hochschulen/Politecnici Federali: arch. dipl. EPF/dipl. Arch. ETH / arch. dipl. PF, |
| --- | --- |

—

the diplomas awarded by the écoles polytechniques fédérales/ Eidgenössische Technische Hochschulen/Politecnici Federali: arch. dipl. EPF/dipl. Arch. ETH / arch. dipl. PF,

| — | the diplomas awarded by the Ecole d'architecture de l'Université de Genève: architecte diplômé EAUG, |
| --- | --- |

—

the diplomas awarded by the Ecole d'architecture de l'Université de Genève: architecte diplômé EAUG,

| — | the certificates of the Fondation des registres suisses des ingénieurs, des architectes et des techniciens/Stiftung der Schweizerischen Register der Ingenieure, der Architekten und der Techniker/Fondazione dei Registri svizzeri degli ingegneri, degli architetti e dei tecnici (REG): architecte REG A /Architekt REG A/architetto REG A,” |
| --- | --- |

—

the certificates of the Fondation des registres suisses des ingénieurs, des architectes et des techniciens/Stiftung der Schweizerischen Register der Ingenieure, der Architekten und der Techniker/Fondazione dei Registri svizzeri degli ingegneri, degli architetti e dei tecnici (REG): architecte REG A /Architekt REG A/architetto REG A,”

20.   98/C/217: Diplomas, certificates and other evidence of formal qualifications in Architecture which are the object of mutual recognition by the Member States (updating of Communication 96/C 205 of 16 July 1996) (OJ C 217, 11.7.1998). (updated by Communications 99/C/351/10 of 4 December 1999, OJ C 351 of 4 December 1999, 2001 C/333/02 of 28 November 2001, OJ C 333 of 28 November 2001, 2002/C 214/03 of 10 September 2002, with the corrigendum published in OJ C 79 of 2/4/2003 and 2003/C).

For the purposes of this Agreement, the following text shall be added to the update 2003/C 294/02 of 4 December 2003, OJ 294 of 4 December 2003 (with the corrigendum published in OJ C 297 of 9 December 2003):

“in Switzerland:

les diplômes délivrés par l' Accademia di Architettura dell'Università della Svizzera Italiana: diploma di architettura (arch. dipl. USI)”

E.   Commerce and intermediaries

| 21. | Directives Nos364 L 022, 364 L 0223, 364 L 0224, 368 L 0363, 368 L 0364, 370 L 0522, 370 L 0523 and 375 L 0369 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48). |
| --- | --- |

21.

Directives Nos364 L 022, 364 L 0223, 364 L 0224, 368 L 0363, 368 L 0364, 370 L 0522, 370 L 0523 and 375 L 0369 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48).

364 L 022, 364 L 0223, 364 L 0224, 368 L 0363, 368 L 0364, 370 L 0522, 370 L 0523 and 375 L 0369

Trade in and distribution of toxic products

22.   374 L 0556: Council Directive 74/556/EEC of 4 June 1974 laying down detailed provisions concerning transitional measures relating to activities, trade in and distribution of toxic products and activities entailing the professional use of such products including activities of intermediaries (OJ L 307, 18.11.1974, p. 1).

22a.   374 L 0557: Council Directive 74/557/EEC of 4 June 1974 on the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons and of intermediaries engaging in the trade and distribution of toxic products (OJ L 307, 18.11.1974, p. 5), as amended by:

—   95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1).

For the purposes of this Agreement, the Directive shall be amended as follows:

“in Switzerland:

All the products and toxic substances set out in Article 2 of the poisons act (SR 813.0), and in particular those on the list of toxic substances and products 1, 2 and 3, in accordance with Article 3 of the Regulation on toxic substances (SR 813.01)”.

Self-employed commercial agents

23.   386 L 0653: Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents (OJ L 382, 31.12.1986, p. 17).

F.   Industry and small craft industries

| 24. | The Directives Nos 364 L 0427, 364 L 0429, 364 L 0428, 366 L 0162, 368 L 0365, 368 L 0366 and 369 L 0082 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with the corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48). |
| --- | --- |

24.

The Directives Nos 364 L 0427, 364 L 0429, 364 L 0428, 366 L 0162, 368 L 0365, 368 L 0366 and 369 L 0082 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with the corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48).

364 L 0427, 364 L 0429, 364 L 0428, 366 L 0162, 368 L 0365, 368 L 0366 and 369 L 0082

G.   Activities incidental to transport

| 25. | The Directive No 382 L 0470 is repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with the corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48). |
| --- | --- |

25.

The Directive No 382 L 0470 is repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with the corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48).

No 382 L 0470

H.   Film industry

| 26. | The Directives Nos 363 L 0607, 365 L 0264, 368 L 0369 and 370 L 0451 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with the corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48). |
| --- | --- |

26.

The Directives Nos 363 L 0607, 365 L 0264, 368 L 0369 and 370 L 0451 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with the corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48).

363 L 0607, 365 L 0264, 368 L 0369

370 L 0451

I.   Other sectors

| 27. | The Directives Nos 367 L 0043, 368 L 0367, 368 L 0368, 375 L 0368 and 382 L 0489 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with the corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48). |
| --- | --- |

27.

The Directives Nos 367 L 0043, 368 L 0367, 368 L 0368, 375 L 0368 and 382 L 0489 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with the corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48).

367 L 0043, 368 L 0367, 368 L 0368, 375 L 0368 and 382 L 0489

J.   Agriculture

| 28. | The Directives Nos 363 L 0261, 363 L 0262, 365 L 0001, 367 L 0530, 367 L 0531, 367 L 0532, 367 L 0654, 368 L 0192, 368 L 0415 and 371 L 0018 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with the corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48). |
| --- | --- |

28.

The Directives Nos 363 L 0261, 363 L 0262, 365 L 0001, 367 L 0530, 367 L 0531, 367 L 0532, 367 L 0654, 368 L 0192, 368 L 0415 and 371 L 0018 are repealed by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications (OJ L 201, 31.7.1999 p. 77, with the corrigendum 31999L0042R (01) published in OJ L 23, 25.1.2002, p. 48).

363 L 0261, 363 L 0262, 365 L 0001, 367 L 0530, 367 L 0531, 367 L 0532, 367 L 0654, 368 L 0192, 368 L 0415 and 371 L 0018

K.   Miscellaneous

29.   385 D 0368: Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community (OJ L 199, 31.7.1985, p. 56).

SECTION B

Acts of which the parties shall take note

The contracting parties shall take note of the content of the following acts:

In general terms

30.   374 Y 0820(01): Council Resolution of 6 June 1974 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications (OJ C 98, 20.8.1974, p. 1).

General system

31.   389 L 0048: Declaration of the Council and the Commission on Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration (OJ L 19, 24.1.1989, p. 23).

Doctors of medicine

32.   375 X 0366: Council Recommendation 75/366/EEC of 16 June 1975 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in medicine conferred in a third country (OJ L 167, 30.6.1975, p. 20).

33.   375 X 0367: Council Recommendation 75/367/EEC of 16 June 1975 on the clinical training of doctors (OJ L 167, 30.6.1975, p. 21).

34.   375 Y 0701(01): Council statements made on adopting the texts concerning freedom of establishment and freedom to provide services for doctors within the Community (OJ C 146, 1.7.1975, p. 1).

35.   386 X 0458: Council Recommendation 86/458/EEC of 15 September 1986 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in medicine conferred by a third State (OJ L 267, 19.9.1986, p. 30).

36.   389 X 0601: Commission Recommendation 89/601/EEC of 8 November 1989 concerning the training of health personnel in the matter of cancer (OJ L 346, 27.11.1989, p. 1).

Dental practitioners

37.   378 Y 0824(01): Council Statement on the Directive concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of dental surgeons (OJ C 202, 24.8.1978, p. 1).

Veterinary medicine

38.   378 X 1029: Council Recommendation 78/1029/EEC of 18 December 1978 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in veterinary medicine conferred in a third country (OJ L 362, 23.12.1978, p. 12).

39.   378 Y 1223(01): Council statements on the Directive concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ C 308, 23.12.1978, p. 1).

Pharmacy

40.   385 X 0435: Council Recommendation 85/435/EEC of 16 September 1985 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in pharmacy conferred in a third State (OJ L 253, 24.9.1985, p. 45).

Architecture

41.   385 X 0386: Council Recommendation 85/386/EEC of 10 June 1985 concerning holders of a diploma in architecture awarded in a third country (OJ L 223, 21.8.1985, p. 28).’

---

27.11.2004

| 27.11.2004 | EN | Official Journal of the European Union | L 352/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

L 352/s3

---

1 November 2004 — New version of EUR-Lex!

europa.eu.int/eur-lex/lex/

The new site incorporates the Celex service and provides free and easy access in 20 languages to the largest documentary database on EU law.

---