# Official Journal L 328/2021

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 328 |
| | |
| English edition | Legislation | Volume 6416 September 2021 |

ISSN 1977-0677

Official Journal

of the European Union

L 328

English edition

Legislation

Volume 6416 September 2021

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2021/1484 of 8 September 2021 on the request for registration of the European citizens’ initiative entitled Ensuring Common Commercial Policy conformity with EU Treaties and compliance with international law pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council
  (notified under document C(2021)6607) | 1 |
| | * | Commission Implementing Decision (EU) 2021/1485 of 15 September 2021 amending Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States
  (notified under document C(2021) 6765)

   (
  1
  ) | 4 |
| | * | Decision (EU) 2021/1486 of the European Central Bank of 7 September 2021 adopting internal rules concerning restrictions of rights of data subjects in connection with the European Central Bank’s tasks relating to the prudential supervision of credit institutions (ECB/2021/42) | 15 |
| | | ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS |
| | * | Decision No 1/2021 of the EU-PLO Joint Committee of 30 August 2021 amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestinian Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip, of the other part, by replacing Protocol 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation [2021/1487] | 23 |
| | * | Decision 2/2021 of the EU-Colombia-Peru-Ecuador Trade Committee of 17 August 2021 amending Decisions No 1/2014, No 2/2014, No 3/2014, No 4/2014 and No 5/2014 to take account of the accession of Ecuador to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the other part, and to update the lists of arbitrators and of experts in Trade and Sustainable Development [2021/1488] | 107 |

Contents

II   Non-legislative acts

page

DECISIONS

*

Commission Implementing Decision (EU) 2021/1484 of 8 September 2021 on the request for registration of the European citizens’ initiative entitled Ensuring Common Commercial Policy conformity with EU Treaties and compliance with international law pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council
  (notified under document C(2021)6607)

(notified under document C(2021)6607)

1

*

Commission Implementing Decision (EU) 2021/1485 of 15 September 2021 amending Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States
  (notified under document C(2021) 6765)

   (
  1
  )

(notified under document C(2021) 6765)

1

4

*

Decision (EU) 2021/1486 of the European Central Bank of 7 September 2021 adopting internal rules concerning restrictions of rights of data subjects in connection with the European Central Bank’s tasks relating to the prudential supervision of credit institutions (ECB/2021/42)

15

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

*

Decision No 1/2021 of the EU-PLO Joint Committee of 30 August 2021 amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestinian Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip, of the other part, by replacing Protocol 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation [2021/1487]

23

*

Decision 2/2021 of the EU-Colombia-Peru-Ecuador Trade Committee of 17 August 2021 amending Decisions No 1/2014, No 2/2014, No 3/2014, No 4/2014 and No 5/2014 to take account of the accession of Ecuador to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the other part, and to update the lists of arbitrators and of experts in Trade and Sustainable Development [2021/1488]

107

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| | (1)   Text with EEA relevance. |

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(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.

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II Non-legislative acts

DECISIONS

| 16.9.2021 | EN | Official Journal of the European Union | L 328/1 |
| --- | --- | --- | --- |

16.9.2021

EN

Official Journal of the European Union

L 328/1

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COMMISSION IMPLEMENTING DECISION (EU) 2021/1484

of 8 September 2021

on the request for registration of the European citizens’ initiative entitled ‘Ensuring Common Commercial Policy conformity with EU Treaties and compliance with international law’ pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council

(notified under document C(2021)6607)

(Only the English text is authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/788 of the European Parliament and of the Council of 17 April 2019 on the European citizens’ initiative (1), and in particular Article 6(2) and (3) thereof,

Whereas:

| (1) | A request for registration of the European citizens’ initiative entitled ‘Ensuring Common Commercial Policy conformity with EU Treaties and compliance with international law’ was submitted to the Commission on 5 July 2019. |
| --- | --- |

(1)

A request for registration of the European citizens’ initiative entitled ‘Ensuring Common Commercial Policy conformity with EU Treaties and compliance with international law’ was submitted to the Commission on 5 July 2019.

| (2) | On 4 September 2019, the Commission adopted Decision (EU) 2019/1567 (2) whereby registration of the citizens’ initiative was refused. |
| --- | --- |

(2)

On 4 September 2019, the Commission adopted Decision (EU) 2019/1567 (2) whereby registration of the citizens’ initiative was refused.

| (3) | That Decision was appealed at the General Court. In its judgment of 12 May 2021 in case T-789/19 (3), the General Court annulled Decision (EU) 2019/1567 on the ground that the Commission had failed to comply with its obligation to adequately state reasons. Notably the Commission had failed to state why the only possible legal basis for the act proposed was Article 215 of the Treaty on the Functioning of the European Union (TFEU) and why such act did not fall within the scope of the common commercial policy and could not, therefore, be adopted on the basis of Article 207 TFEU. |
| --- | --- |

(3)

That Decision was appealed at the General Court. In its judgment of 12 May 2021 in case T-789/19 (3), the General Court annulled Decision (EU) 2019/1567 on the ground that the Commission had failed to comply with its obligation to adequately state reasons. Notably the Commission had failed to state why the only possible legal basis for the act proposed was Article 215 of the Treaty on the Functioning of the European Union (TFEU) and why such act did not fall within the scope of the common commercial policy and could not, therefore, be adopted on the basis of Article 207 TFEU.

| (4) | In order to take the necessary measures to comply with the judgment T-789/19, a new Decision on the request for registration of that European citizens’ initiative should be adopted. |
| --- | --- |

(4)

In order to take the necessary measures to comply with the judgment T-789/19, a new Decision on the request for registration of that European citizens’ initiative should be adopted.

| (5) | Regulation (EU) No 211/2011 of the European Parliament and of the Council (4), which was applicable at the time of the adoption of Decision (EU) 2019/1567, has been repealed with effect from 1 January 2020 and replaced by Regulation (EU) 2019/788. Therefore, the request for registration needs to be assessed now under this new legal framework. |
| --- | --- |

(5)

Regulation (EU) No 211/2011 of the European Parliament and of the Council (4), which was applicable at the time of the adoption of Decision (EU) 2019/1567, has been repealed with effect from 1 January 2020 and replaced by Regulation (EU) 2019/788. Therefore, the request for registration needs to be assessed now under this new legal framework.

| (6) | On 8 June 2021, in accordance with Article 6(4) of Regulation (EU) 2019/788, the Commission informed the group of organisers of its assessment that the requirements for registration set out in Article 6(3), points (a), (d) and (e), of that Regulation were fulfilled and that the requirement set out in Article 6(3), point (b), was not applicable. However, as the text of the initiative as formulated in the request of 5 July 2019 did not allow the Commission to conclude that it fulfilled the requirement under Article 6(3), point (c), the Commission invited the organisers to clarify their initiative. |
| --- | --- |

(6)

On 8 June 2021, in accordance with Article 6(4) of Regulation (EU) 2019/788, the Commission informed the group of organisers of its assessment that the requirements for registration set out in Article 6(3), points (a), (d) and (e), of that Regulation were fulfilled and that the requirement set out in Article 6(3), point (b), was not applicable. However, as the text of the initiative as formulated in the request of 5 July 2019 did not allow the Commission to conclude that it fulfilled the requirement under Article 6(3), point (c), the Commission invited the organisers to clarify their initiative.

| (7) | According to the Commission’s preliminary assessment, the initiative seemed to pursue the objective of adopting Union restrictive measures (sanctions) and thus would appear to be covered by Article 215 TFEU, which requires, as a prior condition, that the Council adopts a decision in accordance with Chapter 2 (Specific provisions on the common foreign and security policy) of Title V of the Treaty on European Union. The Commission explained that in the absence of the prior Council decision, it cannot make a proposal and, in any event, that proposal would have to be made jointly with the High Representative of the Union for Foreign Affairs and Security Policy. It further indicated that from the text of the initiative, it was not clear whether it had the sole objective of imposing a general ban on all products coming from illegal settlements in occupied territories or whether also other forms of regulation at the Union border were envisaged. Finally, the Commission asked the organisers to clarify whether the initiative is territory-specific or aimed at a general prohibition without targeting a specific country or territory. |
| --- | --- |

(7)

According to the Commission’s preliminary assessment, the initiative seemed to pursue the objective of adopting Union restrictive measures (sanctions) and thus would appear to be covered by Article 215 TFEU, which requires, as a prior condition, that the Council adopts a decision in accordance with Chapter 2 (Specific provisions on the common foreign and security policy) of Title V of the Treaty on European Union. The Commission explained that in the absence of the prior Council decision, it cannot make a proposal and, in any event, that proposal would have to be made jointly with the High Representative of the Union for Foreign Affairs and Security Policy. It further indicated that from the text of the initiative, it was not clear whether it had the sole objective of imposing a general ban on all products coming from illegal settlements in occupied territories or whether also other forms of regulation at the Union border were envisaged. Finally, the Commission asked the organisers to clarify whether the initiative is territory-specific or aimed at a general prohibition without targeting a specific country or territory.

| (8) | On 17 July 2021, the organisers sent a letter to the Commission services in which they provided clarifications about the objectives of their initiative. They explained that what they seek ‘is that EU trade policy only happens with territories that have legal validity’ and that they ‘want EU trade policy to ensure that trade will not happen with territories that are illegally occupied or illegally acquired by the use of force exactly because of the constraints of international law’. |
| --- | --- |

(8)

On 17 July 2021, the organisers sent a letter to the Commission services in which they provided clarifications about the objectives of their initiative. They explained that what they seek ‘is that EU trade policy only happens with territories that have legal validity’ and that they ‘want EU trade policy to ensure that trade will not happen with territories that are illegally occupied or illegally acquired by the use of force exactly because of the constraints of international law’.

| (9) | On 10 August 2021, a slightly amended version of the initiative was submitted to the Commission. |
| --- | --- |

(9)

On 10 August 2021, a slightly amended version of the initiative was submitted to the Commission.

| (10) | The objectives of the initiative are expressed as follows: ‘We seek to regulate commercial transactions with Occupant’s entities based or operating in occupied territories by withholding products originating from there from entering the EU market. The Commission, as Guardian of the Treaties, has to ensure consistency of Union’s policy and compliance with fundamental rights and international law in all areas of EU law, including CCP. It must propose legal acts based on the Common Commercial Policy to prevent EU legal entities from both importing products originating in illegal settlements in occupied territories and exporting to such territories, in order to preserve the integrity of the internal market and to not aid or assist the maintenance of such unlawful situations.’. |
| --- | --- |

(10)

The objectives of the initiative are expressed as follows: ‘We seek to regulate commercial transactions with Occupant’s entities based or operating in occupied territories by withholding products originating from there from entering the EU market. The Commission, as Guardian of the Treaties, has to ensure consistency of Union’s policy and compliance with fundamental rights and international law in all areas of EU law, including CCP. It must propose legal acts based on the Common Commercial Policy to prevent EU legal entities from both importing products originating in illegal settlements in occupied territories and exporting to such territories, in order to preserve the integrity of the internal market and to not aid or assist the maintenance of such unlawful situations.’.

| (11) | In so far as the initiative invites the Commission to submit a proposal for a legal act which should ensure that the European Union does not trade with occupant’s entities based or operating in occupied territories under international law, the initiative asks for a measure intended to govern in a general manner EU international trade without targeting any specific country or territory. According to consistent case law, a measure that ‘relates specifically to international trade in that it is essentially intended to promote, facilitate or govern trade and has direct and immediate effects on trade’ (5) falls within the scope of the common commercial policy and should be based on Article 207 TFEU. In this respect, it would appear that the measure envisaged by the initiative would require enacting import and export prohibitions or restrictions vis-à-vis territories that are occupied under international law. Such a measure would therefore have a specific link (6) with international trade and as a consequence would fall within the scope of Article 207 TFEU even if it pursues foreign policy objectives (7). |
| --- | --- |

(11)

In so far as the initiative invites the Commission to submit a proposal for a legal act which should ensure that the European Union does not trade with occupant’s entities based or operating in occupied territories under international law, the initiative asks for a measure intended to govern in a general manner EU international trade without targeting any specific country or territory. According to consistent case law, a measure that ‘relates specifically to international trade in that it is essentially intended to promote, facilitate or govern trade and has direct and immediate effects on trade’ (5) falls within the scope of the common commercial policy and should be based on Article 207 TFEU. In this respect, it would appear that the measure envisaged by the initiative would require enacting import and export prohibitions or restrictions vis-à-vis territories that are occupied under international law. Such a measure would therefore have a specific link (6) with international trade and as a consequence would fall within the scope of Article 207 TFEU even if it pursues foreign policy objectives (7).

| (12) | In view of the clarifications provided by the organisers in their letter of 17 July 2021, and the slightly amended initiative, the Commission understands that the amended initiative invites the Commission to submit a proposal for a legal act under Article 207 of the Treaty, which should ensure that Union trade does not take place with occupant’s entities based or operating in occupied territories and that thus the initiative asks for a trade measure that is general in nature and that does not target a specific country or territory. |
| --- | --- |

(12)

In view of the clarifications provided by the organisers in their letter of 17 July 2021, and the slightly amended initiative, the Commission understands that the amended initiative invites the Commission to submit a proposal for a legal act under Article 207 of the Treaty, which should ensure that Union trade does not take place with occupant’s entities based or operating in occupied territories and that thus the initiative asks for a trade measure that is general in nature and that does not target a specific country or territory.

| (13) | In order for potential signatories to understand the objective of the initiative as registered, the group of organisers should ensure that the details of the initiative to be published in the forms set out in Annex III of Regulation (EU) 2019/788 and in the central online collection system or individual online collection system as applicable, include the mention that the initiative asks for a measure intended to govern in a general manner EU international trade without targeting any specific country or territory. |
| --- | --- |

(13)

In order for potential signatories to understand the objective of the initiative as registered, the group of organisers should ensure that the details of the initiative to be published in the forms set out in Annex III of Regulation (EU) 2019/788 and in the central online collection system or individual online collection system as applicable, include the mention that the initiative asks for a measure intended to govern in a general manner EU international trade without targeting any specific country or territory.

| (14) | For these reasons, none of the parts of the initiative manifestly falls outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties as required by Article 6(3), point (c), of Regulation (EU) 2019/788. |
| --- | --- |

(14)

For these reasons, none of the parts of the initiative manifestly falls outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties as required by Article 6(3), point (c), of Regulation (EU) 2019/788.

| (15) | This conclusion is without prejudice to the assessment of whether the concrete factual and substantive conditions required for the Commission to act, including the compliance with the principle of proportionality, would be met in this case. |
| --- | --- |

(15)

This conclusion is without prejudice to the assessment of whether the concrete factual and substantive conditions required for the Commission to act, including the compliance with the principle of proportionality, would be met in this case.

| (16) | The group of organisers has provided appropriate evidence that it fulfils the requirements laid down in Article 5(1) and (2) of Regulation (EU) 2019/788, and that it has designated the contact persons in accordance with Article 5(3), the first subparagraph, of that Regulation. |
| --- | --- |

(16)

The group of organisers has provided appropriate evidence that it fulfils the requirements laid down in Article 5(1) and (2) of Regulation (EU) 2019/788, and that it has designated the contact persons in accordance with Article 5(3), the first subparagraph, of that Regulation.

| (17) | The initiative is neither manifestly abusive, frivolous or vexatious, nor manifestly contrary to the values of the Union as set out in Article 2 of the Treaty on European Union and rights enshrined in the Charter of Fundamental Rights of the European Union. |
| --- | --- |

(17)

The initiative is neither manifestly abusive, frivolous or vexatious, nor manifestly contrary to the values of the Union as set out in Article 2 of the Treaty on European Union and rights enshrined in the Charter of Fundamental Rights of the European Union.

| (18) | In conclusion, provided that the objectives of the initiative entitled ‘Ensuring Common Commercial Policy conformity with EU Treaties and compliance with international law’ include the requested additional information, the initiative meets all the requirements laid down in Article 6(3) of Regulation (EU) 2019/788 and should therefore be registered, |
| --- | --- |

(18)

In conclusion, provided that the objectives of the initiative entitled ‘Ensuring Common Commercial Policy conformity with EU Treaties and compliance with international law’ include the requested additional information, the initiative meets all the requirements laid down in Article 6(3) of Regulation (EU) 2019/788 and should therefore be registered,

HAS ADOPTED THIS DECISION:

Article 1

The European citizens’ initiative entitled ‘Ensuring Common Commercial Policy conformity with EU Treaties and compliance with international law’ shall be registered with the following additional information on the objectives of the initiative: ‘The initiative thus invites the Commission to submit a proposal for a legal act under the Common Commercial Policy which is general in nature and does not target a specific country or territory’.

The group of organisers shall publish the initiative as registered in the forms set out in Annex III of Regulation (EU) 2019/788 as well as in the central online collection system or the individual online collection system, as applicable.

The Commission shall publish the same information on the scope of the registration of the initiative in the register.

Article 2

This Decision is addressed to the group of organisers of the European citizens’ initiative entitled ‘Ensuring Common Commercial Policy conformity with EU Treaties and compliance with international law’, represented by Mr Tom MOERENHOUT and Mr Giovanni FASSINA acting as contact persons.

Done at Brussels, 8 September 2021.

For the Commission

Věra JOUROVÁ

Vice-President

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(1)  OJ L 130, 17.5.2019, p. 55.

1

(2)  Commission Decision (EU) 2019/1567 of 4 September 2019 on the proposed citizens’ initiative entitled ‘Ensuring Common Commercial Policy conformity with EU Treaties and compliance with international law’ (OJ L 241, 19.9.2019, p. 12).

2

(3)  Judgment of the General Court of 12 May 2021, Tom Moerenhout and others v European Commission, T-789/19, ECLI:EU:T:2021:260.

3

Tom Moerenhout and others

European Commission

(4)  Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens’ initiative (OJ L 065, 11.3.2011, p. 1).

4

(5)  Judgments of the Court of Justice of 22 October 2013Commission v Council, Case C-137/12, ECLI:EU:C:2013:675, paragraph 57, and of 18 July 2013, Daiichi Sankyo, C-414/11, ECLI:EU:C:2013:520, paragraph 51.

5

Commission

Council

Daiichi Sankyo

(6)  Opinion 2/15 of 16 May 2017, Free Trade Agreement with Singapore, ECLI:EU:C:2017:376, paragraph 37.

6

(7)  Judgments of the Court of Justice of 17 October 1995, Werner, C-70/94, ECLI:EU:C:1995:328, paragraph 10, and of 17 October 1995, Leifer, C-83/94, ECLI:EU:C:1995:329, paragraph 10.

7

Werner

Leifer

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| 16.9.2021 | EN | Official Journal of the European Union | L 328/4 |
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16.9.2021

EN

Official Journal of the European Union

L 328/4

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COMMISSION IMPLEMENTING DECISION (EU) 2021/1485

of 15 September 2021

amending Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States

(notified under document C(2021) 6765)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Article 259(1), point (c) thereof,

Whereas:

| (1) | Highly pathogenic avian influenza (HPAI) is an infectious viral disease in birds and may have a severe impact on the profitability of poultry farming causing disturbance to trade within the Union and exports to third countries. HPAI viruses can infect migratory birds, which can then spread these viruses over long distances during their autumn and spring migrations. Therefore, the presence of HPAI viruses in wild birds poses a continuous threat for the direct and indirect introduction of these viruses into holdings where poultry or captive birds are kept. In the event of an outbreak of HPAI, there is a risk that the disease agent may spread to other holdings where poultry or captive birds are kept. |
| --- | --- |

(1)

Highly pathogenic avian influenza (HPAI) is an infectious viral disease in birds and may have a severe impact on the profitability of poultry farming causing disturbance to trade within the Union and exports to third countries. HPAI viruses can infect migratory birds, which can then spread these viruses over long distances during their autumn and spring migrations. Therefore, the presence of HPAI viruses in wild birds poses a continuous threat for the direct and indirect introduction of these viruses into holdings where poultry or captive birds are kept. In the event of an outbreak of HPAI, there is a risk that the disease agent may spread to other holdings where poultry or captive birds are kept.

| (2) | Regulation (EU) 2016/429 establishes a new legislative framework for the prevention and control of diseases that are transmissible to animals or humans. HPAI falls within the definition of a listed disease in that Regulation, and it is subject to the disease prevention and control rules laid down therein. In addition, Commission Delegated Regulation (EU) 2020/687 (2) supplements Regulation (EU) 2016/429 as regards the rules for the prevention and control of certain listed diseases, including disease control measures for HPAI. |
| --- | --- |

(2)

Regulation (EU) 2016/429 establishes a new legislative framework for the prevention and control of diseases that are transmissible to animals or humans. HPAI falls within the definition of a listed disease in that Regulation, and it is subject to the disease prevention and control rules laid down therein. In addition, Commission Delegated Regulation (EU) 2020/687 (2) supplements Regulation (EU) 2016/429 as regards the rules for the prevention and control of certain listed diseases, including disease control measures for HPAI.

| (3) | Commission Implementing Decision (EU) 2021/641 (3) was adopted within the framework of Regulation (EU) 2016/429, and it lays down disease control measures in relation to outbreaks of HPAI. |
| --- | --- |

(3)

Commission Implementing Decision (EU) 2021/641 (3) was adopted within the framework of Regulation (EU) 2016/429, and it lays down disease control measures in relation to outbreaks of HPAI.

| (4) | More particularly, Implementing Decision (EU) 2021/641 provides that the protection and surveillance zones established by the Member States following outbreaks of HPAI, in accordance with Delegated Regulation (EU) 2020/687, are to comprise at least the areas listed as protection and surveillance zones in the Annex to that Implementing Decision. |
| --- | --- |

(4)

More particularly, Implementing Decision (EU) 2021/641 provides that the protection and surveillance zones established by the Member States following outbreaks of HPAI, in accordance with Delegated Regulation (EU) 2020/687, are to comprise at least the areas listed as protection and surveillance zones in the Annex to that Implementing Decision.

| (5) | The Annex to Implementing Decision (EU) 2021/641 was recently amended by Commission Implementing Decision (EU) 2021/1454 (4) following a new outbreak of HPAI in poultry or captive birds in the Netherlands that needed to be reflected in that Annex. |
| --- | --- |

(5)

The Annex to Implementing Decision (EU) 2021/641 was recently amended by Commission Implementing Decision (EU) 2021/1454 (4) following a new outbreak of HPAI in poultry or captive birds in the Netherlands that needed to be reflected in that Annex.

| (6) | Since the date of adoption of Implementing Decision (EU) 2021/1454, Belgium has notified the Commission of an outbreak of HPAI of subtype H5N8 in a holding where poultry or captive birds were kept in the West Flanders province of that Member State. |
| --- | --- |

(6)

Since the date of adoption of Implementing Decision (EU) 2021/1454, Belgium has notified the Commission of an outbreak of HPAI of subtype H5N8 in a holding where poultry or captive birds were kept in the West Flanders province of that Member State.

| (7) | In addition, Luxembourg has notified the Commission of an outbreak of HPAI of subtype H5N8 in a holding where poultry or captive birds were kept in the canton of Grevenmacher of that Member State. |
| --- | --- |

(7)

In addition, Luxembourg has notified the Commission of an outbreak of HPAI of subtype H5N8 in a holding where poultry or captive birds were kept in the canton of Grevenmacher of that Member State.

| (8) | Moreover, France has notified the Commission of an outbreak of HPAI of subtype H5N8 in a holding where poultry or captive birds were kept in the Ardennes Region of that Member State. |
| --- | --- |

(8)

Moreover, France has notified the Commission of an outbreak of HPAI of subtype H5N8 in a holding where poultry or captive birds were kept in the Ardennes Region of that Member State.

| (9) | Those outbreaks in Belgium, France and Luxembourg are located outside the areas currently listed in the Annex to Implementing Decision (EU) 2021/641 and the competent authorities of those Member States have taken the necessary disease control measures required in accordance with Delegated Regulation (EU) 2020/687, including the establishment of protection and surveillance zones around these outbreaks. |
| --- | --- |

(9)

Those outbreaks in Belgium, France and Luxembourg are located outside the areas currently listed in the Annex to Implementing Decision (EU) 2021/641 and the competent authorities of those Member States have taken the necessary disease control measures required in accordance with Delegated Regulation (EU) 2020/687, including the establishment of protection and surveillance zones around these outbreaks.

| (10) | In addition, the outbreak confirmed in Belgium is located in close proximity to the border with France. Accordingly, the competent authorities of those two Member States have duly collaborated with regard to the establishment of the necessary surveillance zone, in accordance with Delegated Regulation (EU) 2020/687, as the surveillance zone extends into the territory of France. |
| --- | --- |

(10)

In addition, the outbreak confirmed in Belgium is located in close proximity to the border with France. Accordingly, the competent authorities of those two Member States have duly collaborated with regard to the establishment of the necessary surveillance zone, in accordance with Delegated Regulation (EU) 2020/687, as the surveillance zone extends into the territory of France.

| (11) | Moreover, the outbreak confirmed in Luxembourg is located in close proximity to the border with Germany. Accordingly, the competent authorities of those two Member States have duly collaborated with regard to the establishment of the necessary surveillance zone, in accordance with Delegated Regulation (EU) 2020/687, as the surveillance zone extends into the territory of Germany. |
| --- | --- |

(11)

Moreover, the outbreak confirmed in Luxembourg is located in close proximity to the border with Germany. Accordingly, the competent authorities of those two Member States have duly collaborated with regard to the establishment of the necessary surveillance zone, in accordance with Delegated Regulation (EU) 2020/687, as the surveillance zone extends into the territory of Germany.

| (12) | The Commission has examined the disease control measures taken by Belgium, Germany, France and Luxembourg in collaboration with those Member States and it is satisfied that the boundaries of the protection and surveillance zones established by the competent authorities of Belgium, France and Luxembourg and the surveillance zone established by the competent authority of Germany are at a sufficient distance from the holdings where the recent outbreaks of HPAI have been confirmed. |
| --- | --- |

(12)

The Commission has examined the disease control measures taken by Belgium, Germany, France and Luxembourg in collaboration with those Member States and it is satisfied that the boundaries of the protection and surveillance zones established by the competent authorities of Belgium, France and Luxembourg and the surveillance zone established by the competent authority of Germany are at a sufficient distance from the holdings where the recent outbreaks of HPAI have been confirmed.

| (13) | In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly describe at Union level, in collaboration with Belgium, France and Luxembourg, the protection and surveillance zones established by those Member States in accordance with Delegated Regulation (EU) 2020/687. |
| --- | --- |

(13)

In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly describe at Union level, in collaboration with Belgium, France and Luxembourg, the protection and surveillance zones established by those Member States in accordance with Delegated Regulation (EU) 2020/687.

| (14) | Moreover, it is also necessary to rapidly describe at Union level, in collaboration with Germany, the surveillance zone established by that Member State in accordance with Delegated Regulation (EU) 2020/687. |
| --- | --- |

(14)

Moreover, it is also necessary to rapidly describe at Union level, in collaboration with Germany, the surveillance zone established by that Member State in accordance with Delegated Regulation (EU) 2020/687.

| (15) | Therefore, protection and surveillance zones should be listed for Belgium, France and Luxembourg, and surveillance zone should be listed for Germany in the Annex to Implementing Decision (EU) 2021/641. |
| --- | --- |

(15)

Therefore, protection and surveillance zones should be listed for Belgium, France and Luxembourg, and surveillance zone should be listed for Germany in the Annex to Implementing Decision (EU) 2021/641.

| (16) | The Annex to Implementing Decision (EU) 2021/641 should therefore be amended to update regionalisation at Union level to take account of the protection and surveillance zones duly established by Belgium, France and Luxembourg and of the surveillance zone duly established by Germany, in accordance with Delegated Regulation (EU) 2020/687, and the duration of the restrictions applicable therein. |
| --- | --- |

(16)

The Annex to Implementing Decision (EU) 2021/641 should therefore be amended to update regionalisation at Union level to take account of the protection and surveillance zones duly established by Belgium, France and Luxembourg and of the surveillance zone duly established by Germany, in accordance with Delegated Regulation (EU) 2020/687, and the duration of the restrictions applicable therein.

| (17) | Furthermore, Implementing Decision (EU) 2021/641 applies until 30 September 2021. However, the duration of the restrictions applicable in the restricted zones established by Belgium, Germany, France and Luxembourg in accordance with Delegated Regulation (EU) 2020/687 extends beyond 30 September 2021. |
| --- | --- |

(17)

Furthermore, Implementing Decision (EU) 2021/641 applies until 30 September 2021. However, the duration of the restrictions applicable in the restricted zones established by Belgium, Germany, France and Luxembourg in accordance with Delegated Regulation (EU) 2020/687 extends beyond 30 September 2021.

| (18) | In addition, due to the ongoing findings of HPAI viruses in wild birds in the Union and the risks of the spread of that disease by migratory wild birds during their autumn migration season, there is an increasing risk of further outbreaks in poultry and captive birds. |
| --- | --- |

(18)

In addition, due to the ongoing findings of HPAI viruses in wild birds in the Union and the risks of the spread of that disease by migratory wild birds during their autumn migration season, there is an increasing risk of further outbreaks in poultry and captive birds.

| (19) | It is therefore appropriate to prolong the period of application of Implementing Decision (EU) 2021/641 until 30 September 2022, to cover the upcoming annual migration season of migratory wild birds. This prolongation also takes into account current developments in the epidemiological situation in the Union as regards HPAI and the corresponding risks to animal health resulting from possible further outbreaks of that disease. |
| --- | --- |

(19)

It is therefore appropriate to prolong the period of application of Implementing Decision (EU) 2021/641 until 30 September 2022, to cover the upcoming annual migration season of migratory wild birds. This prolongation also takes into account current developments in the epidemiological situation in the Union as regards HPAI and the corresponding risks to animal health resulting from possible further outbreaks of that disease.

| (20) | Implementing Decision (EU) 2021/641 should therefore be amended accordingly. |
| --- | --- |

(20)

Implementing Decision (EU) 2021/641 should therefore be amended accordingly.

| (21) | Given the urgency of the epidemiological situation in the Union as regards the spread of HPAI, it is important that the amendments to be made to Implementing Decision (EU) 2021/641 by this Decision take effect as soon as possible. |
| --- | --- |

(21)

Given the urgency of the epidemiological situation in the Union as regards the spread of HPAI, it is important that the amendments to be made to Implementing Decision (EU) 2021/641 by this Decision take effect as soon as possible.

| (22) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(22)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION:

Article 1

Implementing Decision (EU) 2021/641 is amended as follows:

| (1) | in Article 4, the date ‘30 September 2021’ is replaced by the date ‘30 September 2022’; |
| --- | --- |

(1)

in Article 4, the date ‘30 September 2021’ is replaced by the date ‘30 September 2022’;

| (2) | the Annex to Implementing Decision (EU) 2021/641 is replaced by the text set out in the Annex to this Decision. |
| --- | --- |

(2)

the Annex to Implementing Decision (EU) 2021/641 is replaced by the text set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 15 September 2021.

For the Commission

Stella KYRIAKIDES

Member of the Commission

---

(1)  OJ L 84, 31.3.2016, p. 1.

1

(2)  Commission Delegated Regulation (EU) 2020/687 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council, as regards rules for the prevention and control of certain listed diseases (OJ L 174, 3.6.2020, p. 64).

2

(3)  Commission Implementing Decision (EU) 2021/641 of 16 April 2021 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 134, 20.4.2021, p. 166)

3

(4)  Commission Implementing Decision (EU) 2021/1454 of 6 September 2021 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 316, 7.9.2021, p. 1)

4

---

ANNEX

‘ANNEX

PART A

Protection zones as referred to in Articles 1 and 2:

Member State: Belgium

| Area comprising: | Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687 |
| --- | --- |
| Province: West Flanders |
| Those parts of the municipalities of Kortrijk, Menen and Wevelgem contained within a circle of a radius of three kilometres, centered on WGS84 dec. coordinates long 3,2141 - lat 50,7990 | 22.9.2021 |

Area comprising:

Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687

Province: West Flanders

Those parts of the municipalities of Kortrijk, Menen and Wevelgem contained within a circle of a radius of three kilometres, centered on WGS84 dec. coordinates long 3,2141 - lat 50,7990

22.9.2021

Member State: France

| Area comprising: | Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687 |
| --- | --- |
| Les communes suivantes dans le département: ARDENNES (08) |
| BALLAY; VANDY; VOUZIERS | 4.10.2021 |

Area comprising:

Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687

Les communes suivantes dans le département: ARDENNES (08)

BALLAY; VANDY; VOUZIERS

4.10.2021

Member State: Luxembourg

| Area comprising: | Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687 |
| --- | --- |
| Entire municipality of Betzdorf.
  The following localities in the municipality of Flaxweiler: Flaxweiler and Buchholz. | 27.9.2021 |

Area comprising:

Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687

Entire municipality of Betzdorf.

The following localities in the municipality of Flaxweiler: Flaxweiler and Buchholz.

27.9.2021

Member State: The Netherlands

| Area comprising: | Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687 |
| --- | --- |
| Province: Overijssel |
| 1. | Vanaf kruising Zwijnenbergerweg / Raalterweg, Raalterweg volgen in noordelijke richting tot aan Groote Vloedgraven(water). |

Area comprising:

Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687

Province: Overijssel

1.

Vanaf kruising Zwijnenbergerweg / Raalterweg, Raalterweg volgen in noordelijke richting tot aan Groote Vloedgraven(water).

| 2. | Groote Vloedgraven(water) volgen in oostelijke richting tot aan G.J.Kappertweg. |
| --- | --- |

2.

Groote Vloedgraven(water) volgen in oostelijke richting tot aan G.J.Kappertweg.

| 3. | G.J.Kappertweg volgen in noordelijke richting tot aan Oosterkampweg. |
| --- | --- |

3.

G.J.Kappertweg volgen in noordelijke richting tot aan Oosterkampweg.

| 4. | Oosterkampweg volgen in noordelijke richting tot aan Weseperenkweg. |
| --- | --- |

4.

Oosterkampweg volgen in noordelijke richting tot aan Weseperenkweg.

| 5. | Weseperenkweg volgen in oostelijke richting tot aan Stroeksweg. |
| --- | --- |

5.

Weseperenkweg volgen in oostelijke richting tot aan Stroeksweg.

| 6. | Stroeksweg volgen in noordelijke richting tot aan Overmeenweg. |
| --- | --- |

6.

Stroeksweg volgen in noordelijke richting tot aan Overmeenweg.

| 7. | Overmeenweg volgen in oostelijke richting tot aan Oosterenkweg. |
| --- | --- |

7.

Overmeenweg volgen in oostelijke richting tot aan Oosterenkweg.

| 8. | Oosterenkweg volgen in oostelijke richting via (nr. 11a) tot aan Overijssels kanaal(water). |
| --- | --- |

8.

Oosterenkweg volgen in oostelijke richting via (nr. 11a) tot aan Overijssels kanaal(water).

| 9. | Overijssels kanaal(water) volgen in noordelijke richting tot aan Heetenseweg (nr. 9b). |
| --- | --- |

9.

Overijssels kanaal(water) volgen in noordelijke richting tot aan Heetenseweg (nr. 9b).

| 10. | Heetenseweg (nr. 9b) zandweg volgen in oostelijke richting tot aan Schoonhetenseweg. |
| --- | --- |

10.

Heetenseweg (nr. 9b) zandweg volgen in oostelijke richting tot aan Schoonhetenseweg.

| 11. | Schoonhetenseweg volgen in zuidelijke richting, overgaand in Veldzichtweg tot aan Haarlesedijk. |
| --- | --- |

11.

Schoonhetenseweg volgen in zuidelijke richting, overgaand in Veldzichtweg tot aan Haarlesedijk.

| 12. | Haarlesedijk volgen in oostelijke richting tot aan Portlanderdijk. |
| --- | --- |

12.

Haarlesedijk volgen in oostelijke richting tot aan Portlanderdijk.

| 13. | Portlanderdijk volgen in oostelijke richting tot aan Poggebeltweg. |
| --- | --- |

13.

Portlanderdijk volgen in oostelijke richting tot aan Poggebeltweg.

| 14. | Poggebeltweg volgen in westelijke richting tot aan Holterweg. |
| --- | --- |

14.

Poggebeltweg volgen in westelijke richting tot aan Holterweg.

| 15. | Holterweg volgen in zuidelijke richting tot aan Okkenbroekerstraat. |
| --- | --- |

15.

Holterweg volgen in zuidelijke richting tot aan Okkenbroekerstraat.

| 16. | Okkenbroekerstraat volgen in westelijke richting, overgaand in Vlessendijk tot aan Muldersweg. |
| --- | --- |

16.

Okkenbroekerstraat volgen in westelijke richting, overgaand in Vlessendijk tot aan Muldersweg.

| 17. | Muldersweg volgen in zuidelijke richting tot aan Oerdijk. |
| --- | --- |

17.

Muldersweg volgen in zuidelijke richting tot aan Oerdijk.

| 18. | Oedrijk volgen in westelijke richting tot aan Bathmenseweg. |
| --- | --- |

18.

Oedrijk volgen in westelijke richting tot aan Bathmenseweg.

| 19. | Bathmenseweg volgen in noordelijke richting tot aan Butersdijk. |
| --- | --- |

19.

Bathmenseweg volgen in noordelijke richting tot aan Butersdijk.

| 20. | Butersdijk volgen in westelijke richting tot aan Spanjaardsdijk. |
| --- | --- |

20.

Butersdijk volgen in westelijke richting tot aan Spanjaardsdijk.

| 21. | Spanjaardsdijk volgen in westelijke richting tot aan Kanaaldijk west. |
| --- | --- |

21.

Spanjaardsdijk volgen in westelijke richting tot aan Kanaaldijk west.

| 22. | Kanaaldijk west volgen in noordelijke richting tot aan Zwijnenbergerweg. |
| --- | --- |

22.

Kanaaldijk west volgen in noordelijke richting tot aan Zwijnenbergerweg.

| 23. | Zwijnenbergerweg volgen in noordelijke richting tot aan Kappertsteeg. |
| --- | --- |

23.

Zwijnenbergerweg volgen in noordelijke richting tot aan Kappertsteeg.

| 24. | Kappertsteeg volgen in westelijke richting tot aan Iwlandseweg. |
| --- | --- |

24.

Kappertsteeg volgen in westelijke richting tot aan Iwlandseweg.

| 25. | Iwlandseweg volgen in westelijke richting tot aan Avergoorsedijk. |
| --- | --- |

25.

Iwlandseweg volgen in westelijke richting tot aan Avergoorsedijk.

| 26. | Avergoorsedijk volgen in noordelijke richting tot aan Zwijnenbergerweg. |
| --- | --- |

26.

Avergoorsedijk volgen in noordelijke richting tot aan Zwijnenbergerweg.

| 27. | Zwijnenbergerweg volgen in westelijke richting tot aan Raalterweg. |
| --- | --- |

27.

Zwijnenbergerweg volgen in westelijke richting tot aan Raalterweg.

14.9.2021

Member State: Poland

| Area comprising: | Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687 |
| --- | --- |
| Mazowieckie voivodship, żuromiński district |
| — | The following localities in the Bieżuń municipality: |

Area comprising:

Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687

Mazowieckie voivodship, żuromiński district

—

The following localities in the Bieżuń municipality:

Karniszyn, Karniszyn-Parcele, Sadłowo, Sadłowo-Parcele, Strzeszewo;

| — | The following localities in the Żuromin municipality: |
| --- | --- |

—

The following localities in the Żuromin municipality:

Chamsk, Młudzyn.

3.9.2021

PART B

Surveillance zones as referred to in Articles 1 and 3:

Member State: Belgium

| Area comprising: | Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687 |
| --- | --- |
| Provinces: West Flanders and Hainaut |
| The municipalities or parts of the municipalities of Deerlijk, Estaimpuis, Harelbeke, Kortrijk, Kuurne, Ledegem, Lendelede, Menen, Mouscron, Moorslede, Wervik, Wevelgem and Zwevegem contained within a circle of a radius of 10 kilometres, centered on WGS84 dec. coordinates long 3,2141 - lat 50,7990 and beyond the area described in the protection zone. | 1.10.2021 |
| Those parts of the municipalities of Kortrijk, Menen and Wevelgem contained within a circle of a radius of three kilometres, centered on WGS84 dec. coordinates long 3,2141 - lat 50,7990 | From 23.9.2021 until 1.10.2021 |

Area comprising:

Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687

Provinces: West Flanders and Hainaut

The municipalities or parts of the municipalities of Deerlijk, Estaimpuis, Harelbeke, Kortrijk, Kuurne, Ledegem, Lendelede, Menen, Mouscron, Moorslede, Wervik, Wevelgem and Zwevegem contained within a circle of a radius of 10 kilometres, centered on WGS84 dec. coordinates long 3,2141 - lat 50,7990 and beyond the area described in the protection zone.

1.10.2021

Those parts of the municipalities of Kortrijk, Menen and Wevelgem contained within a circle of a radius of three kilometres, centered on WGS84 dec. coordinates long 3,2141 - lat 50,7990

From 23.9.2021 until 1.10.2021

Member State: Germany

| Area comprising: | Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687 |
| --- | --- |
| RHEINLAND-PFALZ |
| Landkreis Trier-Saarburg

  Gemarkungen Temmels, Wellen, Nittel (im Osten begrenzt durch die K 110), Köllig, Rehlingen, Wincheringen (im Osten begrenzt durch die K 110, in der Ortslage Trierer Straße, Warsberger Straße und Helfanter Straße) sowie Wehr (im Süden begrenzt durch die B 419). | 6.10.2021 |

Area comprising:

Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687

RHEINLAND-PFALZ

Landkreis Trier-Saarburg

Gemarkungen Temmels, Wellen, Nittel (im Osten begrenzt durch die K 110), Köllig, Rehlingen, Wincheringen (im Osten begrenzt durch die K 110, in der Ortslage Trierer Straße, Warsberger Straße und Helfanter Straße) sowie Wehr (im Süden begrenzt durch die B 419).

6.10.2021

Member State: France

| Area comprising: | Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687 |
| --- | --- |
| Les communes suivantes dans le département: ARDENNES (08) |
| | ATTIGNY |

Area comprising:

Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687

Les communes suivantes dans le département: ARDENNES (08)

ATTIGNY

| | BELLEVILLE-ET-CHÂTILLON-SUR-BAR |
| --- | --- |

BELLEVILLE-ET-CHÂTILLON-SUR-BAR

| | BOULT-AUX-BOIS |
| --- | --- |

BOULT-AUX-BOIS

| | BOURCQ |
| --- | --- |

BOURCQ

| | BRÉCY-BRIÈRES |
| --- | --- |

BRÉCY-BRIÈRES

| | CHARDENY |
| --- | --- |

CHARDENY

| | BAIRON ET SES ENVIRONS |
| --- | --- |

BAIRON ET SES ENVIRONS

| | CHUFFILLY-ROCHE |
| --- | --- |

CHUFFILLY-ROCHE

| | CONTREUVE |
| --- | --- |

CONTREUVE

| | COULOMMES-ET-MARQUENY |
| --- | --- |

COULOMMES-ET-MARQUENY

| | LA CROIX-AUX-BOIS |
| --- | --- |

LA CROIX-AUX-BOIS

| | FALAISE |
| --- | --- |

FALAISE

| | GRIVY-LOISY |
| --- | --- |

GRIVY-LOISY

| | LAMETZ |
| --- | --- |

LAMETZ

| | LONGWÉ |
| --- | --- |

LONGWÉ

| | MARS-SOUS-BOURCQ |
| --- | --- |

MARS-SOUS-BOURCQ

| | MONTGON |
| --- | --- |

MONTGON

| | MONT-SAINT-MARTIN |
| --- | --- |

MONT-SAINT-MARTIN

| | NEUVILLE-DAY |
| --- | --- |

NEUVILLE-DAY

| | NOIRVAL |
| --- | --- |

NOIRVAL

| | OLIZY-PRIMAT |
| --- | --- |

OLIZY-PRIMAT

| | QUATRE-CHAMPS |
| --- | --- |

QUATRE-CHAMPS

| | QUILLY |
| --- | --- |

QUILLY

| | RILLY-SUR-AISNE |
| --- | --- |

RILLY-SUR-AISNE

| | SAINT-LAMBERT-ET-MONT-DE-JEUX |
| --- | --- |

SAINT-LAMBERT-ET-MONT-DE-JEUX

| | SAINTE-MARIE |
| --- | --- |

SAINTE-MARIE

| | SAINT-MOREL |
| --- | --- |

SAINT-MOREL

| | SAINTE-VAUBOURG |
| --- | --- |

SAINTE-VAUBOURG

| | SAVIGNY-SUR-AISNE |
| --- | --- |

SAVIGNY-SUR-AISNE

| | SEMUY |
| --- | --- |

SEMUY

| | SUGNY |
| --- | --- |

SUGNY

| | SUZANNE |
| --- | --- |

SUZANNE

| | TANNAY |
| --- | --- |

TANNAY

| | TOGES |
| --- | --- |

TOGES

| | TOURCELLES-CHAUMONT |
| --- | --- |

TOURCELLES-CHAUMONT

| | VAUX-CHAMPAGNE |
| --- | --- |

VAUX-CHAMPAGNE

| | VONCQ |
| --- | --- |

VONCQ

13.10.2021

BALLAY ; VANDY ; VOUZIERS

From 5.10.2021 until 13.10.2021

Les communes suivantes dans le département: NORD (59)

BOUSBECQUE ; HALLUIN ; NEUVILLE-EN-FERRAIN ; RONCQ ; TOURCOING ; WATTRELOS

1.10.2021

Member State: Luxembourg

| Area comprising: | Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687 |
| --- | --- |
| The entire municipalities of Bech, Biwer, Grewenmacher, Junglinster, Lenningen, Manternach, Niederanven, Schuttrange and Wormeldange.
  The municipality of Flaxweiler excluding the localitiest covered by the protection zone (Flaxweiler and Buchholz). | 6.10.2021 |
| Entire municipality of Betzdorf.
  The following localities in the municipality of Flaxweiler: Flaxweiler and Buchholz. | From 28.9.2021 until 6.10.2021 |

Area comprising:

Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687

The entire municipalities of Bech, Biwer, Grewenmacher, Junglinster, Lenningen, Manternach, Niederanven, Schuttrange and Wormeldange.

The municipality of Flaxweiler excluding the localitiest covered by the protection zone (Flaxweiler and Buchholz).

6.10.2021

Entire municipality of Betzdorf.

The following localities in the municipality of Flaxweiler: Flaxweiler and Buchholz.

From 28.9.2021 until 6.10.2021

Member State: The Netherlands

| Area comprising: | Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687 |
| --- | --- |
| Province: Overijssel |
| 1. | Vanaf kruising Zwijnenbergerweg / Raalterweg, Raalterweg volgen in noordelijke richting tot aan Groote Vloedgraven(water). |

Area comprising:

Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687

Province: Overijssel

1.

Vanaf kruising Zwijnenbergerweg / Raalterweg, Raalterweg volgen in noordelijke richting tot aan Groote Vloedgraven(water).

| 2. | Groote Vloedgraven(water) volgen in oostelijke richting tot aan G.J.Kappertweg. |
| --- | --- |

2.

Groote Vloedgraven(water) volgen in oostelijke richting tot aan G.J.Kappertweg.

| 3. | G.J.Kappertweg volgen in noordelijke richting tot aan Oosterkampweg. |
| --- | --- |

3.

G.J.Kappertweg volgen in noordelijke richting tot aan Oosterkampweg.

| 4. | Oosterkampweg volgen in noordelijke richting tot aan Weseperenkweg. |
| --- | --- |

4.

Oosterkampweg volgen in noordelijke richting tot aan Weseperenkweg.

| 5. | Weseperenkweg volgen in oostelijke richting tot aan Stroeksweg. |
| --- | --- |

5.

Weseperenkweg volgen in oostelijke richting tot aan Stroeksweg.

| 6. | Stroeksweg volgen in noordelijke richting tot aan Overmeenweg. |
| --- | --- |

6.

Stroeksweg volgen in noordelijke richting tot aan Overmeenweg.

| 7. | Overmeenweg volgen in oostelijke richting tot aan Oosterenkweg. |
| --- | --- |

7.

Overmeenweg volgen in oostelijke richting tot aan Oosterenkweg.

| 8. | Oosterenkweg volgen in oostelijke richting via (nr. 11a) tot aan Overijssels kanaal(water). |
| --- | --- |

8.

Oosterenkweg volgen in oostelijke richting via (nr. 11a) tot aan Overijssels kanaal(water).

| 9. | Overijssels kanaal(water) volgen in noordelijke richting tot aan Heetenseweg (nr. 9b). |
| --- | --- |

9.

Overijssels kanaal(water) volgen in noordelijke richting tot aan Heetenseweg (nr. 9b).

| 10. | Heetenseweg (nr. 9b) zandweg volgen in oostelijke richting tot aan Schoonhetenseweg. |
| --- | --- |

10.

Heetenseweg (nr. 9b) zandweg volgen in oostelijke richting tot aan Schoonhetenseweg.

| 11. | Schoonhetenseweg volgen in zuidelijke richting, overgaand in Veldzichtweg tot aan Haarlesedijk. |
| --- | --- |

11.

Schoonhetenseweg volgen in zuidelijke richting, overgaand in Veldzichtweg tot aan Haarlesedijk.

| 12. | Haarlesedijk volgen in oostelijke richting tot aan Portlanderdijk. |
| --- | --- |

12.

Haarlesedijk volgen in oostelijke richting tot aan Portlanderdijk.

| 13. | Portlanderdijk volgen in oostelijke richting tot aan Poggebeltweg. |
| --- | --- |

13.

Portlanderdijk volgen in oostelijke richting tot aan Poggebeltweg.

| 14. | Poggebeltweg volgen in westelijke richting tot aan Holterweg. |
| --- | --- |

14.

Poggebeltweg volgen in westelijke richting tot aan Holterweg.

| 15. | Holterweg volgen in zuidelijke richting tot aan Okkenbroekerstraat. |
| --- | --- |

15.

Holterweg volgen in zuidelijke richting tot aan Okkenbroekerstraat.

| 16. | Okkenbroekerstraat volgen in westelijke richting, overgaand in Vlessendijk tot aan Muldersweg. |
| --- | --- |

16.

Okkenbroekerstraat volgen in westelijke richting, overgaand in Vlessendijk tot aan Muldersweg.

| 17. | Muldersweg volgen in zuidelijke richting tot aan Oerdijk. |
| --- | --- |

17.

Muldersweg volgen in zuidelijke richting tot aan Oerdijk.

| 18. | Oedrijk volgen in westelijke richting tot aan Bathmenseweg. |
| --- | --- |

18.

Oedrijk volgen in westelijke richting tot aan Bathmenseweg.

| 19. | Bathmenseweg volgen in noordelijke richting tot aan Butersdijk. |
| --- | --- |

19.

Bathmenseweg volgen in noordelijke richting tot aan Butersdijk.

| 20. | Butersdijk volgen in westelijke richting tot aan Spanjaardsdijk. |
| --- | --- |

20.

Butersdijk volgen in westelijke richting tot aan Spanjaardsdijk.

| 21. | Spanjaardsdijk volgen in westelijke richting tot aan Kanaaldijk west. |
| --- | --- |

21.

Spanjaardsdijk volgen in westelijke richting tot aan Kanaaldijk west.

| 22. | Kanaaldijk west volgen in noordelijke richting tot aan Zwijnenbergerweg. |
| --- | --- |

22.

Kanaaldijk west volgen in noordelijke richting tot aan Zwijnenbergerweg.

| 23. | Zwijnenbergerweg volgen in noordelijke richting tot aan Kappertsteeg. |
| --- | --- |

23.

Zwijnenbergerweg volgen in noordelijke richting tot aan Kappertsteeg.

| 24. | Kappertsteeg volgen in westelijke richting tot aan Iwlandseweg. |
| --- | --- |

24.

Kappertsteeg volgen in westelijke richting tot aan Iwlandseweg.

| 25. | Iwlandseweg volgen in westelijke richting tot aan Avergoorsedijk. |
| --- | --- |

25.

Iwlandseweg volgen in westelijke richting tot aan Avergoorsedijk.

| 26. | Avergoorsedijk volgen in noordelijke richting tot aan Zwijnenbergerweg. |
| --- | --- |

26.

Avergoorsedijk volgen in noordelijke richting tot aan Zwijnenbergerweg.

| 27. | Zwijnenbergerweg volgen in westelijke richting tot aan Raalterweg. |
| --- | --- |

27.

Zwijnenbergerweg volgen in westelijke richting tot aan Raalterweg.

From 15.9.2021 until 23.9.2021

| 1. | Vanaf kruising A1/ IJssel, de IJssel volgen in noordelijke richting tot aan IJsseldijk ter hoogte van nr. 39. |
| --- | --- |

1.

Vanaf kruising A1/ IJssel, de IJssel volgen in noordelijke richting tot aan IJsseldijk ter hoogte van nr. 39.

| 2. | IJsseldijk volgen in noordelijke richting tot aan Rembrandkade. |
| --- | --- |

2.

IJsseldijk volgen in noordelijke richting tot aan Rembrandkade.

| 3. | Rembrandkade volgen in noordelijke richting tot aan Randerstraat. |
| --- | --- |

3.

Rembrandkade volgen in noordelijke richting tot aan Randerstraat.

| 4. | Randerstraat volgen in noordelijke richting, overgaand in Roland Holstlaan, overgaand in Overstichtlaan tot aan spoorlijn Deventer-Zwolle. |
| --- | --- |

4.

Randerstraat volgen in noordelijke richting, overgaand in Roland Holstlaan, overgaand in Overstichtlaan tot aan spoorlijn Deventer-Zwolle.

| 5. | Spoorlijn Deventer-Zwolle volgen in noordelijke richting tot aan Omloop. |
| --- | --- |

5.

Spoorlijn Deventer-Zwolle volgen in noordelijke richting tot aan Omloop.

| 6. | Omloop volgen in oostelijke richting tot aan Raalterweg. |
| --- | --- |

6.

Omloop volgen in oostelijke richting tot aan Raalterweg.

| 7. | Raalterweg volgen in oostelijke richting tot aan Liederholthuisweg. |
| --- | --- |

7.

Raalterweg volgen in oostelijke richting tot aan Liederholthuisweg.

| 8. | Liederholthuisweg volgen in noordelijke richting tot aan Hagenvoorde. |
| --- | --- |

8.

Liederholthuisweg volgen in noordelijke richting tot aan Hagenvoorde.

| 9. | Hagenvoorde volgen in oostelijke richting tot aan Wechterhout. |
| --- | --- |

9.

Hagenvoorde volgen in oostelijke richting tot aan Wechterhout.

| 10. | Wechterhout volgen in noordelijke richting tot aan Raalterwetering(water). |
| --- | --- |

10.

Wechterhout volgen in noordelijke richting tot aan Raalterwetering(water).

| 11. | Raalterwetering(water) volgen in oostelijke richting, overgaand in Oosterbroeks waterleiding(water) tot aan Hagweg. |
| --- | --- |

11.

Raalterwetering(water) volgen in oostelijke richting, overgaand in Oosterbroeks waterleiding(water) tot aan Hagweg.

| 12. | Hagweg volgen in zuidelijke richting tot aan Lindertseweg. |
| --- | --- |

12.

Hagweg volgen in zuidelijke richting tot aan Lindertseweg.

| 13. | Lindertseweg volgen in oostelijke richting, overgaand in Ommerweg tot aan Luttenbergerweg. |
| --- | --- |

13.

Lindertseweg volgen in oostelijke richting, overgaand in Ommerweg tot aan Luttenbergerweg.

| 14. | Luttenbergerweg volgen in zuidelijke richting tot aan Bloemenbosweg. |
| --- | --- |

14.

Luttenbergerweg volgen in zuidelijke richting tot aan Bloemenbosweg.

| 15. | Bloemenbosweg volgen in zuidelijke richting, overgaand in Heuvelweg tot aan Hellendoornseweg. |
| --- | --- |

15.

Bloemenbosweg volgen in zuidelijke richting, overgaand in Heuvelweg tot aan Hellendoornseweg.

| 16. | Hellendoornseweg volgen in oostelijke richting tot aan Blikweg. |
| --- | --- |

16.

Hellendoornseweg volgen in oostelijke richting tot aan Blikweg.

| 17. | Blikweg volgen in zuidelijke richting tot aan Almeloseweg. |
| --- | --- |

17.

Blikweg volgen in zuidelijke richting tot aan Almeloseweg.

| 18. | Almeloseweg volgen in oostelijke richting tot aan Nijverdalsebergweg. |
| --- | --- |

18.

Almeloseweg volgen in oostelijke richting tot aan Nijverdalsebergweg.

| 19. | Nijverdalsebergweg volgen in zuidelijke richting, overgaand in Holterbergweg tot aan Molenbelterweg. |
| --- | --- |

19.

Nijverdalsebergweg volgen in zuidelijke richting, overgaand in Holterbergweg tot aan Molenbelterweg.

| 20. | Molenbelterweg volgen in zuidelijke richting tot aan spoorlijn Enschede-Deventer. |
| --- | --- |

20.

Molenbelterweg volgen in zuidelijke richting tot aan spoorlijn Enschede-Deventer.

| 21. | Spoorlijn Enschade-Deventer volgen in westelijke richting tot aan Provincialeweg. |
| --- | --- |

21.

Spoorlijn Enschade-Deventer volgen in westelijke richting tot aan Provincialeweg.

| 22. | Provincialeweg volgen in zuidelijke richting tot aan A1. |
| --- | --- |

22.

Provincialeweg volgen in zuidelijke richting tot aan A1.

| 23. | A1 volgen in westelijke richting tot aan Boermark. |
| --- | --- |

23.

A1 volgen in westelijke richting tot aan Boermark.

| 24. | Boermark volgen in westelijke richting, overgaand in Bronsvoorderdijk tot aan Braakmanssteeg. |
| --- | --- |

24.

Boermark volgen in westelijke richting, overgaand in Bronsvoorderdijk tot aan Braakmanssteeg.

| 25. | Braakmanssteeg volgen in zuidelijke richting, overgaand in Looweg tot aan Peppeldijk. |
| --- | --- |

25.

Braakmanssteeg volgen in zuidelijke richting, overgaand in Looweg tot aan Peppeldijk.

| 26. | Peppeldijk volgen in westelijke richting tot aan Kasteelweg. |
| --- | --- |

26.

Peppeldijk volgen in westelijke richting tot aan Kasteelweg.

| 27. | Kasteelweg volgen in westelijke richting tot aan Bathmenseweg. |
| --- | --- |

27.

Kasteelweg volgen in westelijke richting tot aan Bathmenseweg.

| 28. | Bathmenseweg volgen in zuidelijke richting tot aan Lochemseweg. |
| --- | --- |

28.

Bathmenseweg volgen in zuidelijke richting tot aan Lochemseweg.

| 29. | Lochemseweg volgen in westelijke richting tot aan spoorlijn Zutphen–Deventer. |
| --- | --- |

29.

Lochemseweg volgen in westelijke richting tot aan spoorlijn Zutphen–Deventer.

| 30. | Spoorlijn Zupthen-Deventer volgen in noordelijke richting tot aan A1. |
| --- | --- |

30.

Spoorlijn Zupthen-Deventer volgen in noordelijke richting tot aan A1.

| 31. | A1 volgen in oostelijke richting tot aan de IJssel. |
| --- | --- |

31.

A1 volgen in oostelijke richting tot aan de IJssel.

23.9.2021

Member State: Poland

| Area comprising: | Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687 |
| --- | --- |
| Mazowieckie voivodship, żuromiński district |
| — | The following localities in the Bieżuń municipality: |

Area comprising:

Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687

Mazowieckie voivodship, żuromiński district

—

The following localities in the Bieżuń municipality:

Kocewo, Myślin, Dąbrówki, Mak, Władysławowo, Stanisławowo, Pozga, Bielawy Gołuskie, Gołuszyn, Dźwierzno, Kobyla Łąka, Sławęcin, Zgliczyn Pobodzy, Stawiszyn-Łaziska, Wilewo, Stawiszyn-Zwalewo, Wieluń-Zalesie, Pełki, Małocin, Trzaski;

| — | City of Bieżuń; |
| --- | --- |

—

City of Bieżuń;

| — | The following localities in the Lutocin municipality: |
| --- | --- |

—

The following localities in the Lutocin municipality:

Siemcichy, Chromakowo, Przeradz Mały, Przeradz Nowy, Przeradz

Wielki, Swojęcin, Mojnowo, Obręb, Parlin, Lutocin, Seroki, Zimolza, Elżbiecin, Felcyn, Jonne;

| — | The following localities in the Siemiątkowo municipality: |
| --- | --- |

—

The following localities in the Siemiątkowo municipality:

| — | Sokołowy Kąt, Siciarz; |
| --- | --- |

—

Sokołowy Kąt, Siciarz;

| — | The following localities in the in Żuromin municipality: |
| --- | --- |

—

The following localities in the in Żuromin municipality:

Będzymin, Rzężawy, Kruszewo, Brudnice, Poniatowo, Wiadrowo, Dąbrowa, Cierpigórz, Franciszkowo, Olszewo, Kosewo, Dębsk, Kliczewo Małe, Kliczewo Duże, Wólka Kliczewska, Nowe Nadratowo, Stare Nadratowo, Sadowo;

| — | City of Żuromin. |
| --- | --- |

—

City of Żuromin.

12.9.2021

| — | The following localities in the Bieżuń municipality: |
| --- | --- |

—

The following localities in the Bieżuń municipality:

Karniszyn, Karniszyn-Parcele, Sadłowo, Sadłowo-Parcele, Strzeszewo;

| — | The following localities in the Żuromin municipality: |
| --- | --- |

—

The following localities in the Żuromin municipality:

Chamsk, Młudzyn.

From 4.9.2021 until 12.9.2021

Mazowieckie voivodship, mławski district

| — | The following localities in the Radzanów municipality: |
| --- | --- |

—

The following localities in the Radzanów municipality:

Zgliczyn-Glinki, Zgliczyn Witowy;

| — | The following localities in the Szreńsk municipality: |
| --- | --- |

—

The following localities in the Szreńsk municipality:

Ługi, Słowikowo.

12.9.2021

---

| 16.9.2021 | EN | Official Journal of the European Union | L 328/15 |
| --- | --- | --- | --- |

16.9.2021

EN

Official Journal of the European Union

L 328/15

---

DECISION (EU) 2021/1486 OF THE EUROPEAN CENTRAL BANK

of 7 September 2021

adopting internal rules concerning restrictions of rights of data subjects in connection with the European Central Bank’s tasks relating to the prudential supervision of credit institutions (ECB/2021/42)

THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.6 thereof,

Having regard to Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (1), and in particular Article 25 thereof,

Whereas:

| (1) | The European Central Bank (ECB) carries out its tasks in accordance with the Treaties and Council Regulation (EU) No 1024/2013 (2). |
| --- | --- |

(1)

The European Central Bank (ECB) carries out its tasks in accordance with the Treaties and Council Regulation (EU) No 1024/2013 (2).

| (2) | In accordance with Article 45(3) of Regulation (EU) 2018/1725, Decision (EU) 2020/655 of the European Central Bank (ECB/2020/28) (3) sets out the general rules implementing Regulation (EU) 2018/1725 as regards the ECB. In particular, it specifies the rules relating to the appointment and role of the data protection officer of the ECB (DPO), including the DPO’s tasks, duties and powers. |
| --- | --- |

(2)

In accordance with Article 45(3) of Regulation (EU) 2018/1725, Decision (EU) 2020/655 of the European Central Bank (ECB/2020/28) (3) sets out the general rules implementing Regulation (EU) 2018/1725 as regards the ECB. In particular, it specifies the rules relating to the appointment and role of the data protection officer of the ECB (DPO), including the DPO’s tasks, duties and powers.

| (3) | In exercising the tasks conferred on the ECB, the ECB and in particular the organisational unit concerned acts as data controller in so far as it determines, alone or jointly with others, the purposes and means of the processing of personal data. |
| --- | --- |

(3)

In exercising the tasks conferred on the ECB, the ECB and in particular the organisational unit concerned acts as data controller in so far as it determines, alone or jointly with others, the purposes and means of the processing of personal data.

| (4) | Pursuant to Article 4(1) of Regulation (EU) No 1024/2013, the ECB is exclusively competent to carry out, for supervisory purposes, and with a view to ensuring the safety and soundness of credit institutions and the stability of the financial system, specific tasks in relation to all credit institutions established in the Member States participating in the Single Supervisory Mechanism (SSM). |
| --- | --- |

(4)

Pursuant to Article 4(1) of Regulation (EU) No 1024/2013, the ECB is exclusively competent to carry out, for supervisory purposes, and with a view to ensuring the safety and soundness of credit institutions and the stability of the financial system, specific tasks in relation to all credit institutions established in the Member States participating in the Single Supervisory Mechanism (SSM).

| (5) | In carrying out these specific tasks, the ECB processes several categories of information that may be related to an identified or identifiable natural person such as identification data, contact data, professional data, financial or administrative details, data received from specific sources, data on electronic communication and electronic traffic data, criminal records, a description of financial and non-financial interests, details of relationships of an individual or their close relatives to supervised entities or to members of the management body of supervised entities, and data relating to the position for which an individual has been or may be appointed. Personal data could also form part of an assessment including an assessment conducted: for the purposes of the authorisation of a credit institution, the withdrawal of the authorisation of a credit institution and a qualifying holding procedure; in relation to the right of establishment for a significant supervised entity; to determine whether fit and proper requirements are met; in relation to a significant supervised entity’s remuneration policies and regarding credits by such an entity to its own senior officials and persons related to these officials; and in relation to allegations related to potential breaches of the legal acts referred to in Article 4(3) of Regulation (EU) No 1024/2013. |
| --- | --- |

(5)

In carrying out these specific tasks, the ECB processes several categories of information that may be related to an identified or identifiable natural person such as identification data, contact data, professional data, financial or administrative details, data received from specific sources, data on electronic communication and electronic traffic data, criminal records, a description of financial and non-financial interests, details of relationships of an individual or their close relatives to supervised entities or to members of the management body of supervised entities, and data relating to the position for which an individual has been or may be appointed. Personal data could also form part of an assessment including an assessment conducted: for the purposes of the authorisation of a credit institution, the withdrawal of the authorisation of a credit institution and a qualifying holding procedure; in relation to the right of establishment for a significant supervised entity; to determine whether fit and proper requirements are met; in relation to a significant supervised entity’s remuneration policies and regarding credits by such an entity to its own senior officials and persons related to these officials; and in relation to allegations related to potential breaches of the legal acts referred to in Article 4(3) of Regulation (EU) No 1024/2013.

| (6) | The aim of the ECB in performing these specific tasks is to pursue important objectives of general public interest of the Union. For this reason, the performance of such tasks should be safeguarded as contemplated by Regulation (EU) 2018/1725, in particular by Article 25(1)(c) and (g) thereof. In particular in performing such tasks, the ECB acts in the general public interest of the Union as a public authority entrusted with carrying out, for supervisory purposes, specific tasks in relation to all credit institutions established in the Member States participating in the SSM. Such tasks include monitoring, inspection or regulatory functions connected with the exercise of official authority related to the prudential supervision of credit institutions. |
| --- | --- |

(6)

The aim of the ECB in performing these specific tasks is to pursue important objectives of general public interest of the Union. For this reason, the performance of such tasks should be safeguarded as contemplated by Regulation (EU) 2018/1725, in particular by Article 25(1)(c) and (g) thereof. In particular in performing such tasks, the ECB acts in the general public interest of the Union as a public authority entrusted with carrying out, for supervisory purposes, specific tasks in relation to all credit institutions established in the Member States participating in the SSM. Such tasks include monitoring, inspection or regulatory functions connected with the exercise of official authority related to the prudential supervision of credit institutions.

| (7) | In this context, it is appropriate to specify the grounds on which the ECB may restrict the rights of data subjects in relation to data obtained in the performance of its supervisory tasks pursuant to Regulation (EU) No 1024/2013. |
| --- | --- |

(7)

In this context, it is appropriate to specify the grounds on which the ECB may restrict the rights of data subjects in relation to data obtained in the performance of its supervisory tasks pursuant to Regulation (EU) No 1024/2013.

| (8) | In accordance with Article 25(1) of Regulation (EU) 2018/1725, restrictions of the application of Articles 14 to 22, 35 and 36 and, in so far as its provisions correspond to the rights and obligations provided for in Articles 14 to 22, Article 4 of that Regulation should be set out in internal rules or legal acts adopted on the basis of the Treaties. Accordingly, the ECB should set out the rules under which it may restrict the rights of data subjects in the performance of its supervisory tasks. |
| --- | --- |

(8)

In accordance with Article 25(1) of Regulation (EU) 2018/1725, restrictions of the application of Articles 14 to 22, 35 and 36 and, in so far as its provisions correspond to the rights and obligations provided for in Articles 14 to 22, Article 4 of that Regulation should be set out in internal rules or legal acts adopted on the basis of the Treaties. Accordingly, the ECB should set out the rules under which it may restrict the rights of data subjects in the performance of its supervisory tasks.

| (9) | Whilst this Decision sets out the rules under which the ECB may restrict the rights of data subjects in the performance of its supervisory tasks, the Executive Board intends to adopt a separate decision adopting internal rules concerning the restriction of those rights when the ECB processes personal data in connection with its internal functioning. |
| --- | --- |

(9)

Whilst this Decision sets out the rules under which the ECB may restrict the rights of data subjects in the performance of its supervisory tasks, the Executive Board intends to adopt a separate decision adopting internal rules concerning the restriction of those rights when the ECB processes personal data in connection with its internal functioning.

| (10) | The ECB may be able to apply an exception in accordance with Regulation (EU) 2018/1725 which makes the need to consider a restriction unnecessary including in particular those set out in Articles 15(4), 16(5), 19(3) and 35(3) of that Regulation. For processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, the ECB may be able to apply an exception set out in point (b) of Article 16(5) or point (d) of Article 19(3) of Regulation (EU) 2018/1725. |
| --- | --- |

(10)

The ECB may be able to apply an exception in accordance with Regulation (EU) 2018/1725 which makes the need to consider a restriction unnecessary including in particular those set out in Articles 15(4), 16(5), 19(3) and 35(3) of that Regulation. For processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, the ECB may be able to apply an exception set out in point (b) of Article 16(5) or point (d) of Article 19(3) of Regulation (EU) 2018/1725.

| (11) | The exercise of the rights of data subjects referred to in Articles 17, 18, 20, 21, 22 and 23 of Regulation (EU) 2018/1725 may render impossible or seriously impair the achievement of certain purposes including, as applicable, archiving purposes in the public interest, scientific or historical research purposes or statistical purposes. Therefore this Decision should provide for a derogation from those rights in accordance with Article 25(3) or (4) of Regulation (EU) 2018/1725, subject to appropriate safeguards. |
| --- | --- |

(11)

The exercise of the rights of data subjects referred to in Articles 17, 18, 20, 21, 22 and 23 of Regulation (EU) 2018/1725 may render impossible or seriously impair the achievement of certain purposes including, as applicable, archiving purposes in the public interest, scientific or historical research purposes or statistical purposes. Therefore this Decision should provide for a derogation from those rights in accordance with Article 25(3) or (4) of Regulation (EU) 2018/1725, subject to appropriate safeguards.

| (12) | The ECB should justify why such restrictions of data subjects’ rights are strictly necessary and proportionate in a democratic society to safeguard the objectives pursued in the exercise of its official authority and the functions connected to it, and how the ECB respects the essence of fundamental rights and freedoms whilst imposing any such restriction. |
| --- | --- |

(12)

The ECB should justify why such restrictions of data subjects’ rights are strictly necessary and proportionate in a democratic society to safeguard the objectives pursued in the exercise of its official authority and the functions connected to it, and how the ECB respects the essence of fundamental rights and freedoms whilst imposing any such restriction.

| (13) | Within this framework the ECB is bound to respect, to the maximum extent possible, the fundamental rights of data subjects, in particular those relating to the right of provision of information, access and rectification, right to erasure, restriction of processing, right of communication of a personal data breach to the data subject or confidentiality of communication as provided for in Regulation (EU) 2018/1725. |
| --- | --- |

(13)

Within this framework the ECB is bound to respect, to the maximum extent possible, the fundamental rights of data subjects, in particular those relating to the right of provision of information, access and rectification, right to erasure, restriction of processing, right of communication of a personal data breach to the data subject or confidentiality of communication as provided for in Regulation (EU) 2018/1725.

| (14) | However, the ECB may be obliged to restrict the information provided to data subjects and the rights of data subjects to protect the performance of its supervisory tasks, in particular its own investigations and procedures, the investigations and procedures of other public authorities and the fundamental rights and freedoms of other persons related to its investigations or other procedures. |
| --- | --- |

(14)

However, the ECB may be obliged to restrict the information provided to data subjects and the rights of data subjects to protect the performance of its supervisory tasks, in particular its own investigations and procedures, the investigations and procedures of other public authorities and the fundamental rights and freedoms of other persons related to its investigations or other procedures.

| (15) | The ECB should lift a restriction which has already been applied to the extent it is no longer needed. |
| --- | --- |

(15)

The ECB should lift a restriction which has already been applied to the extent it is no longer needed.

| (16) | The ECB’s DPO should review the application of restrictions with a view to ensuring compliance with this Decision and with Regulation (EU) 2018/1725. |
| --- | --- |

(16)

The ECB’s DPO should review the application of restrictions with a view to ensuring compliance with this Decision and with Regulation (EU) 2018/1725.

| (17) | The European Data Protection Supervisor was consulted in accordance with Article 41(2) of Regulation (EU) 2018/1725 and delivered an opinion on 12 March 2021, |
| --- | --- |

(17)

The European Data Protection Supervisor was consulted in accordance with Article 41(2) of Regulation (EU) 2018/1725 and delivered an opinion on 12 March 2021,

HAS ADOPTED THIS DECISION:

Article 1

Subject matter and scope

1.   This Decision sets out rules relating to the restriction of the rights of data subjects by the ECB when conducting personal data processing activities as recorded in the central register in the performance of its supervisory tasks pursuant to Regulation (EU) No 1024/2013.

2.   The rights of data subjects which may be restricted are specified in the following Articles of Regulation (EU) 2018/1725:

| (a) | Article 14 (transparent information, communication and modalities for the exercise of the rights of the data subject); |
| --- | --- |

(a)

Article 14 (transparent information, communication and modalities for the exercise of the rights of the data subject);

| (b) | Article 15 (information to be provided where personal data are collected from the data subject); |
| --- | --- |

(b)

Article 15 (information to be provided where personal data are collected from the data subject);

| (c) | Article 16 (information to be provided where personal data have not been obtained from the data subject); |
| --- | --- |

(c)

Article 16 (information to be provided where personal data have not been obtained from the data subject);

| (d) | Article 17 (right of access by the data subject); |
| --- | --- |

(d)

Article 17 (right of access by the data subject);

| (e) | Article 18 (right to rectification); |
| --- | --- |

(e)

Article 18 (right to rectification);

| (f) | Article 19 (right to erasure (‘right to be forgotten’)); |
| --- | --- |

(f)

Article 19 (right to erasure (‘right to be forgotten’));

| (g) | Article 20 (right to restriction of processing); |
| --- | --- |

(g)

Article 20 (right to restriction of processing);

| (h) | Article 21 (notification obligation regarding rectification or erasure of personal data or restriction of processing); |
| --- | --- |

(h)

Article 21 (notification obligation regarding rectification or erasure of personal data or restriction of processing);

| (i) | Article 22 (right to data portability); |
| --- | --- |

(i)

Article 22 (right to data portability);

| (j) | Article 35 (communication of a personal data breach to the data subject); |
| --- | --- |

(j)

Article 35 (communication of a personal data breach to the data subject);

| (k) | Article 36 (confidentiality of electronic communications); |
| --- | --- |

(k)

Article 36 (confidentiality of electronic communications);

| (l) | Article 4 in so far as its provisions correspond to the rights and obligations provided for in Articles 14 to 22 of Regulation (EU) 2018/1725. |
| --- | --- |

(l)

Article 4 in so far as its provisions correspond to the rights and obligations provided for in Articles 14 to 22 of Regulation (EU) 2018/1725.

Article 2

Definitions

For the purposes of this Decision, the following definitions apply:

| (1) | ‘processing’ means processing as defined in point (3) of Article 3 of Regulation (EU) 2018/1725; |
| --- | --- |

(1)

‘processing’ means processing as defined in point (3) of Article 3 of Regulation (EU) 2018/1725;

| (2) | ‘personal data’ means personal data as defined in point (1) of Article 3 of Regulation (EU) 2018/1725; |
| --- | --- |

(2)

‘personal data’ means personal data as defined in point (1) of Article 3 of Regulation (EU) 2018/1725;

| (3) | ‘data subject’ means an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; |
| --- | --- |

(3)

‘data subject’ means an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

| (4) | ‘central register’ means the publicly available repository of all personal data processing activities conducted at the ECB which is kept by the ECB’s DPO and referred to in Article 9 of Decision (EU) 2020/655 (ECB/2020/28); |
| --- | --- |

(4)

‘central register’ means the publicly available repository of all personal data processing activities conducted at the ECB which is kept by the ECB’s DPO and referred to in Article 9 of Decision (EU) 2020/655 (ECB/2020/28);

| (5) | ‘controller’ means the ECB, and in particular the competent organisational unit within the ECB which, alone or jointly with others, determines the purposes and means of the processing of personal data and which is responsible for the processing operation. |
| --- | --- |

(5)

‘controller’ means the ECB, and in particular the competent organisational unit within the ECB which, alone or jointly with others, determines the purposes and means of the processing of personal data and which is responsible for the processing operation.

| (6) | ‘Union institutions and bodies’ means Union institutions and bodies as defined in point (10) of Article 3 of Regulation (EU) 2018/1725. |
| --- | --- |

(6)

‘Union institutions and bodies’ means Union institutions and bodies as defined in point (10) of Article 3 of Regulation (EU) 2018/1725.

Article 3

Application of restrictions

1.   The controller may restrict the rights referred to in Article 1(2) to safeguard the interests and objectives referred to in Article 25(1) of Regulation (EU) 2018/1725, in particular where the exercise of those rights would jeopardise or otherwise adversely affect:

| (a) | the performance of the ECB’s supervisory tasks under Regulation (EU) No 1024/2013, including the proper functioning of the supervisory system; |
| --- | --- |

(a)

the performance of the ECB’s supervisory tasks under Regulation (EU) No 1024/2013, including the proper functioning of the supervisory system;

| (b) | the safety and soundness of credit institutions and the stability of the financial system within the Union and each Member State; |
| --- | --- |

(b)

the safety and soundness of credit institutions and the stability of the financial system within the Union and each Member State;

| (c) | the effectiveness of the reporting of breaches in accordance with Article 23 of Regulation (EU) No 1024/2013. |
| --- | --- |

(c)

the effectiveness of the reporting of breaches in accordance with Article 23 of Regulation (EU) No 1024/2013.

2.   To safeguard the interests and objectives referred to in Article 25(1) of Regulation (EU) 2018/1725, the controller may restrict the rights referred to in Article 1(2) in relation to personal data obtained from other Union institutions and bodies and competent authorities of Member States or third countries or international organisations, in any of the following circumstances:

| (a) | where the exercise of those rights could be restricted by other Union institutions and bodies, from which the personal data was obtained, on the basis of other acts provided for in Article 25 of Regulation (EU) 2018/1725 or in accordance with Chapter IX of that Regulation or with the founding acts of other Union institutions and bodies; |
| --- | --- |

(a)

where the exercise of those rights could be restricted by other Union institutions and bodies, from which the personal data was obtained, on the basis of other acts provided for in Article 25 of Regulation (EU) 2018/1725 or in accordance with Chapter IX of that Regulation or with the founding acts of other Union institutions and bodies;

| (b) | where the exercise of those rights could be restricted by the competent authorities of Member States, from which the personal data was obtained, on the basis of acts referred to in Article 23 of Regulation (EU) 2016/679 of the European Parliament and of the Council (4), or under national measures transposing Articles 13(3), 15(3) or 16(3) of Directive (EU) 2016/680 of the European Parliament and of the Council (5); |
| --- | --- |

(b)

where the exercise of those rights could be restricted by the competent authorities of Member States, from which the personal data was obtained, on the basis of acts referred to in Article 23 of Regulation (EU) 2016/679 of the European Parliament and of the Council (4), or under national measures transposing Articles 13(3), 15(3) or 16(3) of Directive (EU) 2016/680 of the European Parliament and of the Council (5);

| (c) | where the exercise of those rights could jeopardise or otherwise adversely affect the ECB’s cooperation with third countries or international organisations, from which the information was obtained, in the conduct of its tasks, unless the ECB’s interest in cooperation is overridden by the interests or fundamental rights and freedoms of the data subjects. |
| --- | --- |

(c)

where the exercise of those rights could jeopardise or otherwise adversely affect the ECB’s cooperation with third countries or international organisations, from which the information was obtained, in the conduct of its tasks, unless the ECB’s interest in cooperation is overridden by the interests or fundamental rights and freedoms of the data subjects.

3.   Before applying a restriction in the circumstances referred to in paragraphs 2(a) and (b), the controller shall:

| (a) | take note of arrangements concluded with the relevant Union institutions and bodies or the competent authorities of Member States; and |
| --- | --- |

(a)

take note of arrangements concluded with the relevant Union institutions and bodies or the competent authorities of Member States; and

| (b) | consult with the relevant Union institutions and bodies or the competent authorities of Member States unless it is clear to the controller that the application of that restriction is provided for by one of the acts or measures referred to in paragraphs 2(a) and (b). |
| --- | --- |

(b)

consult with the relevant Union institutions and bodies or the competent authorities of Member States unless it is clear to the controller that the application of that restriction is provided for by one of the acts or measures referred to in paragraphs 2(a) and (b).

4.   The controller may only apply a restriction where on a case-by-case assessment it concludes that the restriction:

| (a) | is necessary and proportionate taking into account the risks to the rights and freedoms of the data subject; and |
| --- | --- |

(a)

is necessary and proportionate taking into account the risks to the rights and freedoms of the data subject; and

| (b) | respects the essence of the fundamental rights and freedoms in a democratic society. |
| --- | --- |

(b)

respects the essence of the fundamental rights and freedoms in a democratic society.

5.   The controller shall document its assessment in an internal assessment note which shall include the legal basis, the reasons for the restriction, the rights of the data subjects that are restricted, the data subjects affected, the necessity and proportionality of the restriction and the likely duration of the restriction.

6.   A decision to restrict the rights of a data subject pursuant to this Decision to be taken by the controller shall be made at the level of the relevant business area head or deputy head in whose business area the main processing operation involving the personal data is carried out.

Article 4

Derogations

1.   For processing for scientific or historical research purposes or statistical purposes, the controller may apply derogations in accordance with Article 25(3) of Regulation (EU) 2018/1725. To that end, the controller may derogate from the rights referred to in Articles 17, 18, 20 and 23 of Regulation (EU) 2018/1725 in accordance with the conditions provided for in Article 25(3) of that Regulation.

2.   For processing for archiving purposes in the public interest, the controller may apply derogations in accordance with Article 25(4) of Regulation (EU) 2018/1725. To that end, the controller may derogate from the rights referred to in Articles 17, 18, 20, 21, 22 and 23 of Regulation (EU) 2018/1725 in accordance with the conditions provided for in Article 25(4) of that Regulation.

3.   Such derogations shall be subject to appropriate safeguards in accordance with Article 13 of Regulation (EU) 2018/1725 and Article 8 of this Decision.

Article 5

Provision of general information on restrictions

The controller shall provide general information on the potential restriction of data subject rights as follows:

| (a) | the controller shall specify the rights which may be restricted, the reasons for restriction and the potential duration; |
| --- | --- |

(a)

the controller shall specify the rights which may be restricted, the reasons for restriction and the potential duration;

| (b) | the controller shall include the information referred to in point (a) in its data protection notices, privacy statements and records of processing activities as referred to in Article 31 of Regulation (EU) 2018/1725. |
| --- | --- |

(b)

the controller shall include the information referred to in point (a) in its data protection notices, privacy statements and records of processing activities as referred to in Article 31 of Regulation (EU) 2018/1725.

Article 6

Restriction of right of access by data subjects, right to rectification, right of erasure or restriction of processing

1.   Where the controller restricts, wholly or partially, the right of access, the right to rectification, the right of erasure or the right to restriction of processing, respectively referred to in Articles 17, 18, 19(1) and 20(1) of Regulation (EU) 2018/1725, it shall, within the period referred to in Article 11(5) of Decision (EU) 2020/655 (ECB/2020/28), inform the data subject concerned, in its written reply to the request, of the restriction applied, the principal reasons for the restriction and the possibility of lodging a complaint with the European Data Protection Supervisor or of seeking a judicial remedy in the Court of Justice of the European Union.

2.   The controller shall keep the internal assessment note referred to in Article 3(5) and, where applicable, the documents containing underlying factual and legal elements and make these available to the European Data Protection Supervisor on request.

3.   The controller may defer, omit or deny the provision of information concerning the reasons for the restriction referred to in paragraph 1 for as long as that provision of information would undermine the purpose of the restriction. As soon as the controller determines that providing the information no longer undermines the purpose of the restriction, the controller shall provide that information to the data subject.

Article 7

Duration of restrictions

1.   The controller shall lift a restriction as soon as the circumstances that justified that restriction no longer apply.

2.   Where the controller lifts a restriction pursuant to paragraph 1, the controller shall promptly:

| (a) | to the extent it has not already done so, inform the data subject of the principal reasons on which the application of a restriction was based; |
| --- | --- |

(a)

to the extent it has not already done so, inform the data subject of the principal reasons on which the application of a restriction was based;

| (b) | inform the data subject of his or her right to lodge a complaint with the European Data Protection Supervisor or to seek a judicial remedy before the Court of Justice of the European Union; |
| --- | --- |

(b)

inform the data subject of his or her right to lodge a complaint with the European Data Protection Supervisor or to seek a judicial remedy before the Court of Justice of the European Union;

| (c) | grant the data subject the right that was subject to the restriction that has been lifted. |
| --- | --- |

(c)

grant the data subject the right that was subject to the restriction that has been lifted.

3.   The controller shall reassess every six months the need to maintain a restriction applied pursuant to this Decision and shall document its reassessment in an internal assessment note.

Article 8

Safeguards

The ECB shall apply organisational and technical safeguards as set out in the Annex to prevent abuse or unlawful access or transfer.

Article 9

Review by the data protection officer

1.   Where the controller restricts the application of a data subject’s rights, it must continuously involve the DPO. In particular, the following shall apply:

| (a) | the controller shall, without undue delay, consult the DPO; |
| --- | --- |

(a)

the controller shall, without undue delay, consult the DPO;

| (b) | on the DPO’s request, the controller shall provide the DPO with access to any documents containing underlying factual and legal elements, including the internal assessment note referred to in Article 3(5); |
| --- | --- |

(b)

on the DPO’s request, the controller shall provide the DPO with access to any documents containing underlying factual and legal elements, including the internal assessment note referred to in Article 3(5);

| (c) | the controller shall document how the DPO was involved including relevant information that was shared, in particular the date of its first consultation as referred to in point (a); |
| --- | --- |

(c)

the controller shall document how the DPO was involved including relevant information that was shared, in particular the date of its first consultation as referred to in point (a);

| (d) | the DPO may request the controller to review the restriction; |
| --- | --- |

(d)

the DPO may request the controller to review the restriction;

| (e) | the controller shall inform the DPO in writing of the outcome of the review requested without undue delay and in any case before any restriction is applied. |
| --- | --- |

(e)

the controller shall inform the DPO in writing of the outcome of the review requested without undue delay and in any case before any restriction is applied.

2.   The controller shall inform the DPO when the restriction has been lifted.

Article 10

Entry into force

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

Done at Frankfurt am Main, 7 September 2021.

The President of the ECB

Christine LAGARDE

---

(1)  OJ L 295, 21.11.2018, p. 39.

1

(2)  Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).

2

(3)  Decision (EU) 2020/655 of the European Central Bank of 5 May 2020 adopting implementing rules concerning data protection at the European Central Bank and repealing Decision ECB/2007/1 (ECB/2020/28) (OJ L 152, 15.5.2020, p. 13).

3

(4)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

4

(5)  Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

5

---

ANNEX

Organisational and technical safeguards at the ECB to prevent abuse or unlawful access or transfer include:

| (a) | as regard persons:






  (i) | all persons who have access to non-public ECB information being responsible for knowing and applying the ECB’s policy and rules on the management and confidentiality of information; |
| --- | --- | --- |

(a)

as regard persons:

(i)

all persons who have access to non-public ECB information being responsible for knowing and applying the ECB’s policy and rules on the management and confidentiality of information;

| (ii) | a security clearance process which ensures that only vetted and authorised persons have access to the ECB premises and its non-public information; |
| --- | --- |

(ii)

a security clearance process which ensures that only vetted and authorised persons have access to the ECB premises and its non-public information;

| (iii) | IT, information and physical security awareness measures; |
| --- | --- |

(iii)

IT, information and physical security awareness measures;

| (iv) | trainings which are regularly held for members of staff and external service providers; |
| --- | --- |

(iv)

trainings which are regularly held for members of staff and external service providers;

| (v) | members of staff of the ECB being subject to strict rules of professional secrecy set out in the ECB Conditions of Employment and Staff Rules, the breach of which gives rise to disciplinary sanctions; |
| --- | --- |

(v)

members of staff of the ECB being subject to strict rules of professional secrecy set out in the ECB Conditions of Employment and Staff Rules, the breach of which gives rise to disciplinary sanctions;

| (vi) | rules and obligations governing external service providers’ or contractors’ access to non-public ECB information which are set out in contractual arrangements; |
| --- | --- |

(vi)

rules and obligations governing external service providers’ or contractors’ access to non-public ECB information which are set out in contractual arrangements;

| (vii) | access controls including security zoning which are enforced ensuring that access of persons to ECB non-public information is authorised and restricted based on business needs and security requirements; |
| --- | --- |

(vii)

access controls including security zoning which are enforced ensuring that access of persons to ECB non-public information is authorised and restricted based on business needs and security requirements;

| (b) | as regard processes:






  (i) | processes being in place to ensure the controlled implementation, operation and maintenance of IT applications supporting the ECB’s business; |
| --- | --- | --- |

(b)

as regard processes:

(i)

processes being in place to ensure the controlled implementation, operation and maintenance of IT applications supporting the ECB’s business;

| (ii) | using IT applications for the ECB’s business which comply with the ECB’s security standards; |
| --- | --- |

(ii)

using IT applications for the ECB’s business which comply with the ECB’s security standards;

| (iii) | having a comprehensive physical security programme in operation which continuously assesses security threats and encompasses physical security measures to ensure an adequate level of protection; |
| --- | --- |

(iii)

having a comprehensive physical security programme in operation which continuously assesses security threats and encompasses physical security measures to ensure an adequate level of protection;

| (c) | as regard technology:






  (i) | all electronic data being stored in IT applications complying with the ECB’s security standards and thus being protected against unauthorised access or alteration; |
| --- | --- | --- |

(c)

as regard technology:

(i)

all electronic data being stored in IT applications complying with the ECB’s security standards and thus being protected against unauthorised access or alteration;

| (ii) | IT applications being implemented, operated and maintained at a level of security commensurate to the IT applications’ confidentiality, integrity and availability needs, which are based on business impact analyses; |
| --- | --- |

(ii)

IT applications being implemented, operated and maintained at a level of security commensurate to the IT applications’ confidentiality, integrity and availability needs, which are based on business impact analyses;

| (iii) | the level of security of IT applications being regularly validated through technical and non-technical security assessments; |
| --- | --- |

(iii)

the level of security of IT applications being regularly validated through technical and non-technical security assessments;

| (iv) | access to ECB non-public information being granted in accordance with the need-to-know principle, and privileged access being strictly limited and tightly controlled; |
| --- | --- |

(iv)

access to ECB non-public information being granted in accordance with the need-to-know principle, and privileged access being strictly limited and tightly controlled;

| (v) | controls being implemented to detect and follow up on actual and potential security breaches. |
| --- | --- |

(v)

controls being implemented to detect and follow up on actual and potential security breaches.

---

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

| 16.9.2021 | EN | Official Journal of the European Union | L 328/23 |
| --- | --- | --- | --- |

16.9.2021

EN

Official Journal of the European Union

L 328/23

---

DECISION No 1/2021 OF THE EU-PLO JOINT COMMITTEE

of 30 August 2021

amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestinian Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip, of the other part, by replacing Protocol 3 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation [2021/1487]

THE EU-PLO JOINT COMMITTEE,

Having regard to the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestinian Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip, of the other part (1), and in particular Article 3 of Protocol 3 thereto concerning the definition of the concept of 'originating products' and methods of administrative cooperation,

Whereas:

| (1) | Article 25 of the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestinian Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip, of the other part (‘the Agreement’), refers to Protocol 3 to that Agreement (‘Protocol 3’), which lays down the rules of origin. |
| --- | --- |

(1)

Article 25 of the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestinian Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip, of the other part (‘the Agreement’), refers to Protocol 3 to that Agreement (‘Protocol 3’), which lays down the rules of origin.

| (2) | Article 3 of Protocol 3 provides that the Joint Committee established by Article 63 of the Agreement may decide to amend the provisions of Protocol 3. |
| --- | --- |

(2)

Article 3 of Protocol 3 provides that the Joint Committee established by Article 63 of the Agreement may decide to amend the provisions of Protocol 3.

| (3) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’) aims to transpose the existing bilateral systems of rules of origin established in bilateral free trade agreements concluded among the Contracting Parties to the Convention into a multilateral framework, without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(3)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’) aims to transpose the existing bilateral systems of rules of origin established in bilateral free trade agreements concluded among the Contracting Parties to the Convention into a multilateral framework, without prejudice to the principles laid down in those bilateral agreements.

| (4) | The Union and the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip signed the Convention on 15 June 2011 and 18 November 2013, respectively. |
| --- | --- |

(4)

The Union and the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip signed the Convention on 15 June 2011 and 18 November 2013, respectively.

| (5) | The Union and the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 27 May 2014, respectively. Consequently, and in accordance with Article 10(3) of the Convention, the Convention entered into force in relation to the Union and the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip on 1 May 2012 and 1 July 2014, respectively. |
| --- | --- |

(5)

The Union and the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 27 May 2014, respectively. Consequently, and in accordance with Article 10(3) of the Convention, the Convention entered into force in relation to the Union and the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip on 1 May 2012 and 1 July 2014, respectively.

| (6) | Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip have agreed to apply an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention. |
| --- | --- |

(6)

Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip have agreed to apply an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention.

| (7) | Protocol 3 should therefore be replaced by a new protocol that provides for an alternative set of rules of origin. Furthermore, the new protocol should include a dynamic reference to the Convention, so as to refer always to the latest version of the Convention in force, |
| --- | --- |

(7)

Protocol 3 should therefore be replaced by a new protocol that provides for an alternative set of rules of origin. Furthermore, the new protocol should include a dynamic reference to the Convention, so as to refer always to the latest version of the Convention in force,

HAS ADOPTED THIS DECISION:

Article 1

Protocol 3 to the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestinian Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation is replaced by the text set out in the Annex to this Decision.

Article 2

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

It shall apply from 1 September 2021.

Done at Brussels, 30 August 2021.

For the Joint Committee

The President

Neal Mac CALL

---

(1)  OJ L 187, 16.7.1997, p. 3.

1

(2)  OJ L 54, 26.2.2013, p. 4.

2

---

ANNEX

Protocol 3

CONCERNING THE DEFINITION OF THE CONCEPT OF 'ORIGINATING PRODUCTS' AND METHODS OF ADMINISTRATIVE COOPERATION

Article 1

Applicable rules of origin

1.   For the purpose of implementing the Agreement, Appendix I and the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (1) ('the Convention'), as last amended and published in the Official Journal of the European Union, shall apply.

2.   All references to the 'relevant agreement' in Appendix I and in the relevant provisions of Appendix II to the Convention shall be construed so as to mean the Agreement.

Article 2

Alternative applicable rules of origin

1.   Notwithstanding Article 1 of this Protocol, for the purpose of implementing the Agreement, products which acquire preferential origin in accordance with the alternative applicable rules of origin set out in Appendix A to this Protocol ('Transitional rules') shall also be considered as originating in the European Union or in the West Bank and the Gaza Strip.

2.   The Transitional rules shall apply until the amendment of the Convention on which the Transitional rules are based enters into force.

Article 3

Dispute settlement

1.   Where disputes arise in relation to the verification procedures set out in Article 32 of Appendix I to the Convention or in Article 34 of Appendix A to this Protocol that cannot be settled between the customs authorities requesting the verification and the customs authorities responsible for carrying out that verification, they shall be submitted to the Joint Committee.

2.   In all cases, the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.

Article 4

Amendments to the Protocol

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

Article 5

Withdrawal from the Convention

1.   Should either the European Union or the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip give notice in writing to the depositary of the Convention of their intention to withdraw from the Convention according to Article 9 thereof, the European Union and the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip shall immediately enter into negotiations on rules of origin for the purpose of implementing the Agreement.

2.   Until the entry into force of such newly negotiated rules of origin, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention, applicable at the moment of withdrawal, shall continue to apply to the Agreement. However, from the moment of withdrawal, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention shall be construed so as to allow bilateral cumulation only between the European Union and the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip.

APPENDIX A

ALTERNATIVE APPLICABLE RULES OF ORIGIN

Rules for optional application among Contracting Parties to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, pending the conclusion and entry into force of the amendment of the Convention

('the Rules' or 'the Transitional rules')

DEFINITION OF THE CONCEPT OF 'ORIGINATING PRODUCTS' AND METHODS OF ADMINISTRATIVE COOPERATION

TABLE OF CONTENTS

OBJECTIVES

| 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 | Wholly obtained products |
| --- | --- |

Article 3

| Article 4 | Sufficient working or processing |
| --- | --- |

Article 4

| Article 5 | Tolerance rule |
| --- | --- |

Article 5

| Article 6 | Insufficient working or processing |
| --- | --- |

Article 6

| Article 7 | Cumulation of origin |
| --- | --- |

Article 7

| Article 8 | Conditions for the application of cumulation of origin |
| --- | --- |

Article 8

| Article 9 | Unit of qualification |
| --- | --- |

Article 9

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

Article 10

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

Article 11

| Article 12 | Accounting segregation |
| --- | --- |

Article 12

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

TITLE III

| Article 13 | Principle of territoriality |
| --- | --- |

Article 13

| Article 14 | Non-alteration |
| --- | --- |

Article 14

| Article 15 | Exhibitions |
| --- | --- |

Article 15

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

TITLE IV

| Article 16 | Drawback of or exemption from customs duties |
| --- | --- |

Article 16

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

TITLE V

| Article 17 | General requirements |
| --- | --- |

Article 17

| Article 18 | Conditions for making out an origin declaration |
| --- | --- |

Article 18

| Article 19 | Approved exporter |
| --- | --- |

Article 19

| Article 20 | Procedure for issue of a movement certificate EUR.1 |
| --- | --- |

Article 20

| Article 21 | Movement certificates EUR.1 issued retrospectively |
| --- | --- |

Article 21

| Article 22 | Issue of a duplicate movement certificate EUR.1 |
| --- | --- |

Article 22

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

Article 23

| Article 24 | Free zones |
| --- | --- |

Article 24

| Article 25 | Importation requirements |
| --- | --- |

Article 25

| Article 26 | Importation by instalments |
| --- | --- |

Article 26

| Article 27 | Exemption from proof of origin |
| --- | --- |

Article 27

| Article 28 | Discrepancies and formal errors |
| --- | --- |

Article 28

| Article 29 | Supplier's declarations |
| --- | --- |

Article 29

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

Article 30

| TITLE VI | PRINCIPLES OF COOPERATION AND DOCUMENTARY EVIDENCE |
| --- | --- |

TITLE VI

| Article 31 | Documentary evidence, preservation of proofs of origin and supporting documents |
| --- | --- |

Article 31

| Article 32 | Dispute settlement |
| --- | --- |

Article 32

| TITLE VII | ADMINISTRATIVE COOPERATION |
| --- | --- |

TITLE VII

| Article 33 | Notification and cooperation |
| --- | --- |

Article 33

| Article 34 | Verification of proofs of origin |
| --- | --- |

Article 34

| Article 35 | Verification of supplier's declarations |
| --- | --- |

Article 35

| Article 36 | Penalties |
| --- | --- |

Article 36

| TITLE VIII | APPLICATION OF APPENDIX A |
| --- | --- |

TITLE VIII

| Article 37 | European Economic Area |
| --- | --- |

Article 37

| Article 38 | Liechtenstein |
| --- | --- |

Article 38

| Article 39 | Republic of San Marino |
| --- | --- |

Article 39

| Article 40 | Principality of Andorra |
| --- | --- |

Article 40

| Article 41 | Ceuta and Melilla |
| --- | --- |

Article 41

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 for the product manufactured to obtain originating status |
| --- | --- |

ANNEX II:

| ANNEX III: | Text of the origin declaration |
| --- | --- |

ANNEX III:

| ANNEX IV: | Specimens of movement certificate EUR.1 and application for a movement certificate EUR.1 |
| --- | --- |

ANNEX IV:

| ANNEX V: | Special conditions concerning products originating in Ceuta and Melilla |
| --- | --- |

ANNEX V:

| ANNEX VI: | Supplier's declaration |
| --- | --- |

ANNEX VI:

| ANNEX VII: | Long-term supplier's declaration |
| --- | --- |

ANNEX VII:

OBJECTIVES

These Rules are optional. They are intended to apply on a provisional basis, pending the conclusion and entry into force of the amendment of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin ('PEM Convention' or 'Convention'). These Rules will apply bilaterally to trade between those Contracting Parties that agree to refer to them or include them in their bilateral preferential trade agreements. These Rules are intended to apply as an alternative to the rules of the Convention, which, as provided by the Convention, are without prejudice to the principles laid down in the relevant agreements and other related bilateral agreements among Contracting Parties. Accordingly, these Rules will not be mandatory, but optional. They may be applied by economic operators that desire to claim preferences based on these Rules instead of on the basis of the rules of the Convention.

These Rules are not intended to modify the Convention. The Convention continues to apply in full between the Contracting Parties to the Convention. These Rules will not alter the rights and obligations of the Contracting Parties under the Convention.

TITLE I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of these Rules:

| (a) | 'applying Contracting Party' means a Contracting Party to the PEM Convention that incorporates these Rules in its bilateral preferential trade agreements with another Contracting Party to the PEM Convention and includes the Parties to the Agreement; |
| --- | --- |

(a)

'applying Contracting Party' means a Contracting Party to the PEM Convention that incorporates these Rules in its bilateral preferential trade agreements with another Contracting Party to the PEM Convention and includes the Parties to the Agreement;

| (b) | 'chapters', 'headings' and 'subheadings' mean the chapters, the headings and the subheadings (four- or six-digit codes) used in the nomenclature which makes up the Harmonized Commodity Description and Coding System ('Harmonised System') with the changes pursuant to the Recommendation of 26 June 2004 of the Customs Cooperation Council; |
| --- | --- |

(b)

'chapters', 'headings' and 'subheadings' mean the chapters, the headings and the subheadings (four- or six-digit codes) used in the nomenclature which makes up the Harmonized Commodity Description and Coding System ('Harmonised System') with the changes pursuant to the Recommendation of 26 June 2004 of the Customs Cooperation Council;

| (c) | 'classified' means the classification of a good under a particular heading or subheading of the Harmonised System; |
| --- | --- |

(c)

'classified' means the classification of a good under a particular heading or subheading of the Harmonised System;

| (d) | 'consignment' means products which are either:






  (i) | sent simultaneously from one exporter to one consignee; or |
| --- | --- | --- |

(d)

'consignment' means products which are either:

(i)

sent simultaneously from one exporter to one consignee; or

| (ii) | 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; |
| --- | --- |

(ii)

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;

| (e) | 'customs authorities of the Party or applying Contracting Party' for the European Union means any of the customs authorities of the Member States of the European Union; |
| --- | --- |

(e)

'customs authorities of the Party or applying Contracting Party' for the European Union means any of the customs authorities of the Member States of the European Union;

| (f) | 'customs value' means the value as determined in accordance with the Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (WTO Agreement on Customs Valuation); |
| --- | --- |

(f)

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

| (g) | 'ex-works price' means the price paid for the product ex works to the manufacturer in the Party in whose undertaking the last working or processing is carried out, provided that the price includes the value of all the materials used and all other costs related to its production, minus any internal taxes which are, or may be, repaid when the product obtained is exported. Where the last working or processing has been subcontracted to a manufacturer, the term 'manufacturer' refers to the enterprise that has employed the subcontractor.
  Where the actual price paid does not reflect all costs related to the manufacturing of the product which are actually incurred in the Party, the ex-works price means the sum of all those costs, minus any internal taxes which are, or may be, repaid when the product obtained is exported; |
| --- | --- |

(g)

'ex-works price' means the price paid for the product ex works to the manufacturer in the Party in whose undertaking the last working or processing is carried out, provided that the price includes the value of all the materials used and all other costs related to its production, minus any internal taxes which are, or may be, repaid when the product obtained is exported. Where the last working or processing has been subcontracted to a manufacturer, the term 'manufacturer' refers to the enterprise that has employed the subcontractor.

Where the actual price paid does not reflect all costs related to the manufacturing of the product which are actually incurred in the Party, the ex-works price means the sum of all those costs, minus any internal taxes which are, or may be, repaid when the product obtained is exported;

| (h) | 'fungible material' or 'fungible product' means material or product that is of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished from one another; |
| --- | --- |

(h)

'fungible material' or 'fungible product' means material or product that is of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished from one another;

| (i) | 'goods' means both material and product; |
| --- | --- |

(i)

'goods' means both material and product;

| (j) | 'manufacture' means any kind of working or processing, including assembly; |
| --- | --- |

(j)

'manufacture' means any kind of working or processing, including assembly;

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

(k)

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

| (l) | 'maximum content of non-originating materials' means the maximum content of non-originating materials which is permitted in order to consider a manufacture to be working or processing sufficient to confer originating status on the product. It may be expressed as a percentage of the ex-works price of the product or as a percentage of the net weight of these materials used falling under a specified group of chapters, chapter, heading or subheading; |
| --- | --- |

(l)

'maximum content of non-originating materials' means the maximum content of non-originating materials which is permitted in order to consider a manufacture to be working or processing sufficient to confer originating status on the product. It may be expressed as a percentage of the ex-works price of the product or as a percentage of the net weight of these materials used falling under a specified group of chapters, chapter, heading or subheading;

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

(m)

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

| (n) | 'territory' includes the land territory, internal waters and the territorial sea of a Party; |
| --- | --- |

(n)

'territory' includes the land territory, internal waters and the territorial sea of a Party;

| (o) | 'value added' shall be taken to be the ex-works price of the product minus the customs value of each of the materials incorporated which originate in the other applying Contracting Parties with which cumulation is applicable or, where the customs value is not known or cannot be ascertained, the first ascertainable price paid for the materials in the exporting Party; |
| --- | --- |

(o)

'value added' shall be taken to be the ex-works price of the product minus the customs value of each of the materials incorporated which originate in the other applying Contracting Parties with which cumulation is applicable or, where the customs value is not known or cannot be ascertained, the first ascertainable price paid for the materials in the exporting Party;

| (p) | '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 exporting Party. Where the value of the originating materials used needs to be established, this point shall be applied mutatis mutandis. |
| --- | --- |

(p)

'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 exporting Party. Where the value of the originating materials used needs to be established, this point shall be applied mutatis mutandis.

TITLE II

DEFINITION OF THE CONCEPT OF 'ORIGINATING PRODUCTS'

DEFINITION OF THE CONCEPT OF 'ORIGINATING PRODUCTS'

Article 2

General requirements

For the purpose of implementing the Agreement, the following products shall be considered as originating in a Party when exported to the other Party:

| (a) | products wholly obtained in a Party, within the meaning of Article 3; |
| --- | --- |

(a)

products wholly obtained in a Party, within the meaning of Article 3;

| (b) | products obtained in a Party incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in that Party within the meaning of Article 4. |
| --- | --- |

(b)

products obtained in a Party incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in that Party within the meaning of Article 4.

Article 3

Wholly obtained products

1.   The following shall be considered as wholly obtained in a Party when exported to the other Party:

| (a) | mineral products and natural water extracted from its soil or from its seabed; |
| --- | --- |

(a)

mineral products and natural water extracted from its soil or from its seabed;

| (b) | plants, including aquatic plants, and vegetable products grown or harvested there; |
| --- | --- |

(b)

plants, including aquatic plants, and vegetable products grown or 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 from slaughtered animals born and raised there; |
| --- | --- |

(e)

products from slaughtered animals born and raised there;

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

(f)

products obtained by hunting or fishing conducted there;

| (g) | products of aquaculture where the fish, crustaceans, molluscs and other aquatic invertebrates are born or raised there from eggs, larvae, fry or fingerlings; |
| --- | --- |

(g)

products of aquaculture where the fish, crustaceans, molluscs and other aquatic invertebrates are born or raised there from eggs, larvae, fry or fingerlings;

| (h) | products of sea fishing and other products taken from the sea outside any territorial sea by its vessels; |
| --- | --- |

(h)

products of sea fishing and other products taken from the sea outside any territorial sea by its vessels;

| (i) | products made on board its factory ships exclusively from products referred to in point (h); |
| --- | --- |

(i)

products made on board its factory ships exclusively from products referred to in point (h);

| (j) | used articles collected there fit only for the recovery of raw materials; |
| --- | --- |

(j)

used articles collected there fit only for the recovery of raw materials;

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

(k)

waste and scrap resulting from manufacturing operations conducted there;

| (l) | products extracted from the seabed or below the seabed which is situated outside its territorial sea but where it has exclusive exploitation rights; |
| --- | --- |

(l)

products extracted from the seabed or below the seabed which is situated outside its territorial sea but where it has exclusive exploitation rights;

| (m) | goods produced there exclusively from the products specified in points (a) to (l). |
| --- | --- |

(m)

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

2.   The terms 'its vessels' and 'its factory ships' in points (h) and (i) of paragraph 1 respectively shall apply only to vessels and factory ships which meet each of the following requirements:

| (a) | they are registered in the exporting or the importing Party; |
| --- | --- |

(a)

they are registered in the exporting or the importing Party;

| (b) | they sail under the flag of the exporting or the importing Party; |
| --- | --- |

(b)

they sail under the flag of the exporting or the importing Party;

| (c) | they meet one of the following conditions:






  (i) | they are at least 50 % owned by nationals of the exporting or the importing Party; or |
| --- | --- | --- |

(c)

they meet one of the following conditions:

(i)

they are at least 50 % owned by nationals of the exporting or the importing Party; or

| (ii) | they are owned by companies which:






  — | have their head office and their main place of business in the exporting or the importing Party; and |
| --- | --- | --- |

(ii)

they are owned by companies which:

—

have their head office and their main place of business in the exporting or the importing Party; and

| — | are at least 50 % owned by the exporting or the importing Party or public entities or nationals of these Parties. |
| --- | --- |

—

are at least 50 % owned by the exporting or the importing Party or public entities or nationals of these Parties.

3.   For the purpose of paragraph 2, when the exporting or the importing Party is the European Union, it means the Member States of the European Union.

4.   For the purpose of paragraph 2, the EFTA States are to be considered as one applying Contracting Party.

Article 4

Sufficient working or processing

1.   Without prejudice to paragraph 3 of this Article and to Article 6, products which are not wholly obtained in a Party shall be considered to be sufficiently worked or processed when the conditions laid down in the list in Annex II for the goods concerned are fulfilled.

2.   If a product which has obtained originating status in a Party in accordance with paragraph 1 is used as a material in the manufacture of another product, no account shall be taken of the non-originating materials which may have been used in its manufacture.

3.   The determination of whether the requirements of paragraph 1 are met, shall be carried out for each product.

However, where the relevant rule is based on compliance with a maximum content of non-originating materials, the customs authorities of the Parties may authorise exporters to calculate the ex-works price of the product and the value of the non-originating materials on an average basis as set out in paragraph 4, in order to take into account the fluctuations in costs and currency rates.

4.   Where the second subparagraph of paragraph 3 applies, an average ex-works price of the product and average value of non-originating materials used shall be calculated respectively on the basis of the sum of the ex-works prices charged for all sales of the same products carried out during the preceding fiscal year and the sum of the value of all the non-originating materials used in the manufacture of the same products over the preceding fiscal year as defined in the exporting Party, or, where figures for a complete fiscal year are not available, a shorter period which should not be less than three months.

5.   Exporters having opted for calculation on an average basis shall consistently apply such a method during the year following the fiscal year of reference, or, where appropriate, during the year following the shorter period used as a reference. They may cease to apply such a method where during a given fiscal year, or a shorter representative period of no less than three months, they record that the fluctuations in costs or currency rates which justified the use of such a method have ceased.

6.   The averages referred to in paragraph 4 shall be used as the ex-works price and the value of non-originating materials, respectively, for the purpose of establishing compliance with the maximum content of non-originating materials.

Article 5

Tolerance rule

1.   By way of derogation from Article 4 and subject to paragraphs 2 and 3 of this Article, non-originating materials which, according to the conditions set out in the list in Annex II, are not to be used in the manufacture of a given product may nevertheless be used, provided that their total net weight or value assessed for the product does not exceed:

| (a) | 15 % of the net weight of the product falling within Chapters 2 and 4 to 24, other than processed fishery products of Chapter 16; |
| --- | --- |

(a)

15 % of the net weight of the product falling within Chapters 2 and 4 to 24, other than processed fishery products of Chapter 16;

| (b) | 15 % of the ex-works price of the product for products other than those covered by point (a). |
| --- | --- |

(b)

15 % of the ex-works price of the product for products other than those covered by point (a).

This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonised System, for which the tolerances mentioned in Notes 6 and 7 of Annex I shall apply.

2.   Paragraph 1 of this Article shall not allow to exceed any of the percentages for the maximum content of non-originating materials as specified in the rules laid down in the list in Annex II.

3.   Paragraphs 1 and 2 of this Article shall not apply to products wholly obtained in a Party within the meaning of Article 3. However, without prejudice to Article 6 and Article 9(1), the tolerance provided for in those provisions shall nevertheless apply to product for which the rule laid down in the list in Annex II requires that the materials which are used in the manufacture of that product are wholly obtained.

Article 6

Insufficient working or processing

1.   Without prejudice to paragraph 2 of this Article, the following operations shall be considered to be insufficient working or processing to confer the status of an originating product, whether or not the requirements of Article 4 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 and partial or total milling of rice; polishing, and glazing of cereals and rice; |
| --- | --- |

(f)

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

| (g) | operations to colour or flavour sugar or form sugar lumps; partial or total milling of crystal sugar; |
| --- | --- |

(g)

operations to colour or flavour sugar or form sugar lumps; partial or total milling of crystal sugar;

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

(h)

peeling, stoning and shelling, of fruits, 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) | mixing of sugar with any material; |
| --- | --- |

(n)

mixing of sugar with any material;

| (o) | simple addition of water or dilution or dehydratation or denaturation of products; |
| --- | --- |

(o)

simple addition of water or dilution or dehydratation or denaturation of products;

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

(p)

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

| (q) | slaughter of animals; |
| --- | --- |

(q)

slaughter of animals;

| (r) | a combination of two or more operations specified in points (a) to (q). |
| --- | --- |

(r)

a combination of two or more operations specified in points (a) to (q).

2.   All the operations carried out in the exporting Party on a given product shall be taken into account when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.

Article 7

Cumulation of origin

1.   Without prejudice to Article 2, products shall be considered as originating in the exporting Party when exported to the other Party if they are obtained there, incorporating materials originating in any applying Contracting Party other than the exporting Party provided that the working or processing carried out in the exporting Party goes beyond the operations referred to in Article 6. It shall not be necessary for such materials to have undergone sufficient working or processing.

2.   Where the working or processing carried out in the exporting Party does not go beyond the operations referred to in Article 6, the product obtained by incorporating materials originating in any other applying Contracting Party, shall be considered as originating in the exporting Party only where the value added there is greater than the value of the materials used originating in any of the other applying Contracting Parties. If this is not so, the product obtained shall be considered as originating in the applying Contracting Party which accounts for the highest value of originating materials used in the manufacture in the exporting Party.

3.   Without prejudice to Article 2, and with the exclusion of products falling within Chapters 50 to 63, working or processing carried out in an applying Contracting Party other than the exporting Party shall be considered as having been carried out in the exporting Party when the products obtained undergo subsequent working or processing in this exporting Party.

4.   Without prejudice to Article 2, for products falling within Chapters 50 to 63 and only for the purpose of bilateral trade between the Parties, working or processing carried out in the importing Party shall be considered as having been carried out in the exporting Party when the products undergo subsequent working or processing in this exporting Party.

For the purpose of this paragraph, the participants in the European Union's Stabilisation and Association process and the Republic of Moldova are to be considered as one applying Contracting Party.

5.   The Parties may opt to extend the application of paragraph 3 of this Article on importation of products falling within Chapters 50 to 63 unilaterally. A Party that opts for such extension shall notify the other Party and inform the European Commission in accordance with Article 8(2).

6.   For the purpose of cumulation within the meaning of paragraphs 3 to 5 of this Article, the originating products shall be considered as originating in the exporting Party only if the working or processing undergone there goes beyond the operations referred to in Article 6.

7.   Products originating in the applying Contracting Parties referred to in paragraph 1 which do not undergo any working or processing in the exporting Party shall retain their origin if exported into one of the other applying Contracting Parties.

Article 8

Conditions for the application of cumulation of origin

1.   The cumulation provided for in Article 7 may be applied only provided that:

| (a) | a preferential trade agreement in accordance with Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT) is applicable between the applying Contracting Parties involved in the acquisition of the originating status and the applying Contracting Party of destination; and |
| --- | --- |

(a)

a preferential trade agreement in accordance with Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT) is applicable between the applying Contracting Parties involved in the acquisition of the originating status and the applying Contracting Party of destination; and

| (b) | goods have obtained originating status by the application of rules of origin identical to those given in these Rules. |
| --- | --- |

(b)

goods have obtained originating status by the application of rules of origin identical to those given in these Rules.

2.   Notices indicating the fulfilment of the necessary requirements to apply cumulation shall be published in the Official Journal of the European Union (C series) and in an official publication in the West Bank and the Gaza Strip, in accordance with their own procedures.

The cumulation provided for in Article 7 shall apply from the date indicated in those notices.

The Parties shall provide the European Commission with details of the relevant agreements concluded with other applying Contracting Parties, including the dates of entry into force of these Rules.

3.   The proof of origin should include the statement in English 'CUMULATION APPLIED WITH (name of the relevant applying Contracting Party/Parties in English)' when products obtained the originating status by application of cumulation of origin in accordance with Article 7.

In cases where a movement certificate EUR.1 is used as a proof of origin, that statement shall be made in Box 7 of the movement certificate EUR.1.

4.   The Parties may decide, for the products exported to them that obtained the originating status in the exporting Party by application of cumulation of origin in accordance with Article 7, to waive the obligation of including on the proof of origin the statement referred to in paragraph 3 of this Article (2).

The Parties shall notify the waiver to the European Commission in accordance with Article 8(2).

Article 9

Unit of qualification

1.   The unit of qualification for the application of these Rules shall be the particular product which is considered to be 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 individual item shall be taken into account when applying these Rules. |
| --- | --- |

(b)

when a consignment consists of a number of identical products classified under the same heading of the Harmonised System, each individual item shall be taken into account when applying these Rules.

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.

3.   Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle which are part of the normal equipment and included in the ex-works price thereof shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

Article 10

Sets

Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all the component products are originating.

When a set is composed of originating and non-originating products, the set as a whole shall however be regarded as originating, provided that the value of the non-originating products does not exceed 15 % of the ex-works price of the set.

Article 11

Neutral elements

In order to determine whether a product is an originating product, no account shall be taken of the origin of the following which might be used in its manufacture:

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

(a)

energy and fuel;

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

(b)

plant and equipment;

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

(c)

machines and tools;

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

(d)

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

Article 12

Accounting segregation

1.   If originating and non-originating fungible materials are used in the working or processing of a product, economic operators may ensure the management of materials using the accounting segregation method, without keeping the materials on separate stocks.

2.   Economic operators may ensure the management of originating and non-originating fungible products of heading 1701 using the accounting segregation method, without keeping the products on separate stocks.

3.   The Parties may require that the application of accounting segregation is subject to prior authorisation by the Customs authorities. The Customs authorities may grant the authorisation subject to any conditions they deem appropriate and shall monitor the use made of the authorisation. The Customs authorities may withdraw the authorisation 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 these Rules.

Through the use of accounting segregation it must be ensured that, at any time, no more products can be considered as 'originating in the exporting Party' than would have been the case if a method of physical segregation of the stocks had been used.

The method shall be applied and the application thereof shall be recorded on the basis of the general accounting principles applicable in the exporting Party.

4.   The beneficiary of the method referred to in paragraphs 1 and 2 shall make out or apply for proofs of origin for the quantity of products which may be considered as originating in the exporting Party. At the request of the customs authorities, the beneficiary shall provide a statement of how the quantities have been managed.

TITLE III

TERRITORIAL REQUIREMENTS

TERRITORIAL REQUIREMENTS

Article 13

Principle of territoriality

1.   The conditions set out in Title II shall be fulfilled without any interruption in the Party concerned.

2.   If originating products exported from a Party to another country are returned, they shall be considered to be non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

| (a) | the products returned are the same as those which were exported; and |
| --- | --- |

(a)

the products returned are the same as those which were exported; and

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

(b)

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

3.   The obtention of originating status in accordance with the conditions set out in Title II shall not be affected by working or processing done outside the exporting Party on materials exported from this Party and subsequently re-imported there, provided:

| (a) | those materials are wholly obtained in the exporting Party or have undergone working or processing beyond the operations referred to in Article 6 prior to being exported; and |
| --- | --- |

(a)

those materials are wholly obtained in the exporting Party or have undergone working or processing beyond the operations referred to in Article 6 prior to being exported; and

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






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

| (ii) | the total added value acquired outside the exporting Party by applying 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 exporting Party by applying 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 of this Article, the conditions for obtaining originating status set out in Title II shall not apply to working or processing done outside the exporting Party. However, 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 exporting Party, taken together with the total added value acquired outside this Party by applying this Article, shall not exceed the stated percentage.

5.   For the purposes of applying paragraphs 3 and 4, 'total added value' shall be taken to mean all costs arising outside the exporting Party, including the value of the materials incorporated there.

6.   Paragraphs 3 and 4 of this Article 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 5 is applied.

7.   Any working or processing of the kind covered by this Article and done outside the exporting Party shall be done under the outward processing arrangements, or similar arrangements.

Article 14

Non-alteration

1.   The preferential treatment provided for under the Agreement shall apply only to products satisfying the requirements of these Rules and declared for importation in a Party provided that those products are the same as those exported from the exporting Party. They shall not have been altered, transformed in any way or subjected to operations other than to preserve them in good condition or than adding or affixing marks, labels, seals or any documentation to ensure compliance with specific domestic requirements of the importing Party carried out under customs supervision in the third country(ies) of transit or splitting prior to being declared for home use.

2.   Storage of products or consignments may take place provided they remain under customs supervision in the third country(ies) of transit.

3.   Without prejudice to Title V of this Appendix, the splitting of consignments may take place, provided they remain under customs supervision in the third country(ies) of splitting.

4.   In the case of doubt, the importing Party may request the importer or its representative to submit at any time all appropriate documents to provide evidence of compliance with this Article, which may be given by any documentary evidence, and notably by:

| (a) | contractual transport documents such as bills of lading; |
| --- | --- |

(a)

contractual transport documents such as bills of lading;

| (b) | factual or concrete evidence based on marking or numbering of packages; |
| --- | --- |

(b)

factual or concrete evidence based on marking or numbering of packages;

| (c) | a certificate of non-manipulation provided by the customs authorities of the country(ies) of transit or splitting or any other documents demonstrating that the goods remained under customs supervision in the country(ies) of transit or splitting; or |
| --- | --- |

(c)

a certificate of non-manipulation provided by the customs authorities of the country(ies) of transit or splitting or any other documents demonstrating that the goods remained under customs supervision in the country(ies) of transit or splitting; or

| (d) | any evidence related to the goods themselves. |
| --- | --- |

(d)

any evidence related to the goods themselves.

Article 15

Exhibitions

1.   Originating products, sent for exhibition in a country other than with which cumulation is applicable in accordance with Articles 7 and 8 and sold after the exhibition for importation in a Party, shall benefit on importation from the relevant agreement provided it is shown to the satisfaction of the customs authorities that:

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

(a)

an exporter has consigned the products from a Party 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 another Party; |
| --- | --- |

(b)

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

| (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 shall be issued or made out in accordance with Title V of this Appendix and submitted to the customs authorities of the importing Party in the normal manner. The name and address of the exhibition shall be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required.

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

TITLE IV

DRAWBACK OR EXEMPTION

DRAWBACK OR EXEMPTION

Article 16

Drawback of or exemption from customs duties

1.   Non-originating materials used in the manufacture of products falling within Chapters 50 to 63 of the Harmonised System originating in a Party for which a proof of origin is issued or made out in accordance with Title V of this Appendix shall not be subject in the exporting Party 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 exporting Party to materials used in the manufacture, 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 prohibition in paragraph 1 of this Article shall not apply to trade between the Parties for products that obtained originating status by application of cumulation of origin covered by Article 7(4) or (5).

5.   The prohibition in paragraph 1 of this Article shall not apply in bilateral trade between the Parties without application of cumulation with materials originating in any other applying Contracting Party.

TITLE V

PROOF OF ORIGIN

PROOF OF ORIGIN

Article 17

General requirements

1.   Products originating in one of the Parties shall, on importation into the other Party, benefit from the provisions of the Agreement upon submission of one of the following proofs of origin:

| (a) | a movement certificate EUR.1, a specimen of which appears in Annex IV to this Appendix; |
| --- | --- |

(a)

a movement certificate EUR.1, a specimen of which appears in Annex IV to this Appendix;

| (b) | in the cases specified in Article 18(1), a declaration, subsequently referred to as the 'origin declaration' given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified; the text of the origin declaration appears in Annex III to this Appendix. |
| --- | --- |

(b)

in the cases specified in Article 18(1), a declaration, subsequently referred to as the 'origin declaration' given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified; the text of the origin declaration appears in Annex III to this Appendix.

2.   Notwithstanding paragraph 1 of this Article, originating products within the meaning of these Rules shall, in the cases specified in Article 27, benefit from the provisions of the Agreement without it being necessary to submit any of the proofs of origin referred to in paragraph 1 of this Article.

3.   Without prejudice to paragraph 1, the Parties may agree that, for the preferential trade between them, proofs of origin listed in points (a) and (b) of paragraph 1 are replaced by statements on origin made out by exporters registered in an electronic database in accordance with the internal legislation of the Parties.

The use of a statement on origin made out by the exporters registered in an electronic database agreed by two or more applying Contracting Parties shall not impede the use of diagonal cumulation with other applying Contracting Parties.

4.   For the purposes of paragraph 1, the Parties may agree to establish a system that allows proofs of origin listed in points (a) and (b) of paragraph 1 to be issued electronically and/or submitted electronically.

5.   For the purpose of Article 7, if Article 8(4) applies, the exporter established in an applying Contracting Party who issues, or applies for, a proof of origin on the basis of another proof of origin which benefits from a waiver from the obligation to include the statement as otherwise required by Article 8(3) shall take all necessary steps to ensure that the conditions for applying cumulation are fulfilled and shall be prepared to submit all relevant documents to the customs authorities.

Article 18

Conditions for making out an origin declaration

1.   An origin declaration as referred to in point (b) of Article 17(1) may be made out:

| (a) | by an approved exporter within the meaning of Article 19; or |
| --- | --- |

(a)

by an approved exporter within the meaning of Article 19; or

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

(b)

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

2.   An origin declaration may be made out if the products can be considered as originating in an applying Contracting Party and fulfil the other requirements of these Rules.

3.   The exporter making out an origin declaration shall be prepared to submit at any time, at the request of the customs authorities of the exporting Party, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of these Rules.

4.   An origin declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annex III to this Appendix, using one of the linguistic versions set out in that Annex and in accordance with the provisions of the national law of the exporting country. If the declaration is handwritten, it shall be written in ink in printed characters.

5.   Origin declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 19 shall not be required to sign such declarations provided that he gives the customs authorities of the exporting Party a written undertaking that he accepts full responsibility for any origin declaration which identifies him as if it had been signed in manuscript by him.

6.   An origin declaration may be made out by the exporter when the products to which it relates are exported, or after exportation (the 'retrospective origin declaration') on condition that it is presented in the importing country within two years after the importation of the products to which it relates.

Where the splitting of a consignment takes place in accordance with Article 14(3) and provided that the same two-year deadline is respected, the retrospective origin declaration shall be made out by the approved exporter of the exporting Party of the products.

Article 19

Approved exporter

1.   The customs authorities of the exporting Party may, subject to national requirements, authorise any exporter established in that Party (the 'approved exporter'), to make out origin declarations irrespective of the value of the products concerned.

2.   An exporter who requests 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 these Rules.

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

4.   The customs authorities shall verify the proper use of an authorisation. They may withdraw the authorisation if the approved exporter makes improper use of it and shall do so if the approved exporter no longer offers the guarantees referred to in paragraph 2.

Article 20

Procedure for issuing of a movement certificate EUR.1

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

2.   For that purpose, the exporter or his authorised representative shall fill in both the movement certificate EUR.1 and the application form, specimens of which appear in Annex IV to this Appendix. Those forms shall be completed in one of the languages in which the Agreement is drawn up and in accordance with the provisions of the national law of the exporting country. If the completion of the forms is done in handwriting, they shall be completed in ink in printed characters. The description of the products shall be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line shall be drawn below the last line of the description, the empty space being crossed through.

3.   The movement certificate EUR.1 shall include the statement in English 'TRANSITIONAL RULES' in box 7.

4.   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 Party 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 these Rules.

5.   A movement certificate EUR.1 shall be issued by the customs authorities of the exporting Party if the products concerned can be considered as products originating and fulfil the other requirements of these Rules.

6.   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 these Rules. For that 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 of this Article are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.

7.   The date of issue of the movement certificate EUR.1 shall be indicated in Box 11 of the movement certificate EUR.1.

8.   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 21

Movement certificates EUR.1 issued retrospectively

1.   Notwithstanding Article 20(8), a movement certificate EUR.1 may 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; |
| --- | --- |

(a)

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

| (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;

| (c) | the final destination of the products concerned was not known at the time of exportation and was determined during their transportation or storage and after possible splitting of consignments in accordance with Article 14(3); |
| --- | --- |

(c)

the final destination of the products concerned was not known at the time of exportation and was determined during their transportation or storage and after possible splitting of consignments in accordance with Article 14(3);

| (d) | a movement certificate EUR.1 or EUR.MED was issued in accordance with the rules of the PEM Convention for products that are also originating in accordance with these Rules; the exporter shall take all necessary steps to ensure that the conditions to apply cumulation are fulfilled and be prepared to submit to the customs authorities all relevant documents proving that the product is originating in accordance with these Rules; or |
| --- | --- |

(d)

a movement certificate EUR.1 or EUR.MED was issued in accordance with the rules of the PEM Convention for products that are also originating in accordance with these Rules; the exporter shall take all necessary steps to ensure that the conditions to apply cumulation are fulfilled and be prepared to submit to the customs authorities all relevant documents proving that the product is originating in accordance with these Rules; or

| (e) | a movement certificate EUR.1 was issued on the basis of Article 8(4) and the application of Article 8(3) is required at importation in another applying Contracting Party. |
| --- | --- |

(e)

a movement certificate EUR.1 was issued on the basis of Article 8(4) and the application of Article 8(3) is required at importation in another applying Contracting Party.

2.   For the implementation of paragraph 1, the exporter shall 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 within two years from the date of exportation and only after verifying that the information supplied in the exporter's application complies with that in the corresponding file.

4.   In addition to the requirement under Article 20(3), movement certificates EUR.1 issued retrospectively shall be endorsed with the following phrase in English: 'ISSUED RETROSPECTIVELY'.

5.   The endorsement referred to in paragraph 4 shall be inserted in Box 7 of the movement certificate EUR.1.

Article 22

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.   In addition to the requirement under Article 20(3), the duplicate issued in accordance with paragraph 1 of this Article shall be endorsed with the following word in English: 'DUPLICATE'.

3.   The endorsement referred to in paragraph 2 shall be inserted in Box 7 of the duplicate movement certificate EUR.1.

4.   The duplicate, which shall bear the date of issue of the original movement certificate EUR.1, shall take effect as from that date.

Article 23

Validity of proof of origin

1.   A proof of origin shall be valid for ten months from the date of issue or making out in the exporting Party, and shall be submitted within that period to the customs authorities of the importing Party.

2.   Proofs of origin which are submitted to the customs authorities of the importing Party after the period of validity referred to in paragraph 1 may be accepted for the purpose of applying the tariff preferences, where failure to submit those documents by the final date set is due to exceptional circumstances.

3.   In other cases of belated presentation, the customs authorities of the importing Party may accept the proofs of origin where the products have been presented to customs before the said final date.

Article 24

Free zones

1.   The Parties 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 way of derogation from paragraph 1, when products originating in an applying Contracting Party are imported into a free zone under cover of a proof of origin and undergo treatment or processing, a new proof or origin may be issued or made out, if the treatment or processing undergone complies with these Rules.

Article 25

Importation requirements

Proofs of origin shall be submitted to the customs authorities of the importing Party in accordance with the procedures applicable in that Party.

Article 26

Importation by instalments

Where, at the request of the importer and subject to the conditions laid down by the customs authorities of the importing Party, dismantled or non-assembled products within the meaning of General Rule 2(a) for the interpretation of the Harmonised System falling within Sections XVI and XVII or headings 7308 and 9406 are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities on importation of the first instalment.

Article 27

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 these Rules and where there is no doubt as to the veracity of such a declaration.

2.   Imports shall not be considered as imports by way of trade if all the following conditions are met:

| (a) | the imports are occasional; |
| --- | --- |

(a)

the imports are occasional;

| (b) | the imports consist solely of products for the personal use of the recipients or travellers or their families; |
| --- | --- |

(b)

the imports consist solely of products for the personal use of the recipients or travellers or their families;

| (c) | it is evident from the nature and quantity of the products that no commercial purpose is in view. |
| --- | --- |

(c)

it is evident from the nature and quantity of the products that no commercial purpose is in view.

3.   The total value of those 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 28

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 that document does correspond to the products submitted.

2.   Obvious formal errors such as typing errors on a proof of origin shall not cause the documents referred to in paragraph 1 of this Article to be rejected if those errors are not such as to create doubts concerning the correctness of the statements made in those documents.

Article 29

Supplier's declarations

1.   When a movement certificate EUR.1 is issued or an origin declaration is made out in a Party for originating products, in the manufacture of which goods coming from another applying Contracting Party which have undergone working or processing there without having obtained preferential originating status have been used in accordance with Article 7(3) or Article 7(4) account shall be taken of the supplier's declaration given for those goods in accordance with this Article.

2.   The supplier's declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in an applying Contracting Party by the goods concerned for the purpose of determining whether the products in the manufacture of which those goods are used, may be considered as products originating in the exporting Party and fulfil the other requirements of these Rules.

3.   A separate supplier's declaration shall, except in the cases referred to in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex VI on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.

4.   Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in an applying Contracting Party is expected to remain constant for a period of time, he may provide a single supplier's declaration to cover subsequent consignments of those goods (the 'long-term supplier's declaration'). A long-term supplier's declaration may normally be valid for a period of up to two years from the date of making out the declaration. The customs authorities of the applying Contracting Party where the declaration is made out lay down the conditions under which longer periods may be used. The long-term supplier's declaration shall be made out by the supplier in the form prescribed in Annex VII and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by that declaration or together with his first consignment. The supplier shall inform his customer immediately if the long-term supplier's declaration is no longer applicable to the goods supplied.

5.   The supplier's declarations referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages of the Agreement, in accordance with the national law of the applying Contracting Party where the declaration is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.

6.   The supplier making out a declaration shall be prepared to submit at any time, at the request of the customs authorities of the applying Contracting Party where the declaration is made out, all appropriate documents proving that the information given on that declaration is correct.

Article 30

Amounts expressed in euro

1.   For the purposes of application of the point (b) of Article 18(1) and Article 27(3) in cases where products are invoiced in a currency other than euro, amounts in the national currencies of the Parties equivalent to the amounts expressed in euro shall be fixed annually by each of the countries concerned.

2.   A consignment shall benefit from the point (b) of Article 18(1) or Article 27(3) by reference to the currency in which the invoice is drawn up, according to the amount fixed by the country concerned.

3.   The amounts to be used in any given national currency shall be the equivalent in that currency of the amounts expressed in euro as at the first working day of October. The amounts shall be communicated to the European Commission by 15 October and shall apply from 1 January the following year. The European Commission shall notify all countries concerned of the relevant amounts.

4.   A Party 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 Party 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 were to 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 a Party. When carrying out that review, the Joint Committee shall consider the desirability of preserving the effects of the limits concerned in real terms. For that purpose, it may decide to modify the amounts expressed in euro.

TITLE VI

PRINCIPLES OF COOPERATION AND DOCUMENTARY EVIDENCE

PRINCIPLES OF COOPERATION AND DOCUMENTARY EVIDENCE

Article 31

Documentary evidence, preservation of proofs of origin and supporting documents

1.   An exporter who has made out an origin declaration or has applied for a movement certificate EUR.1 shall keep a hard copy or an electronic version of those proofs of origin and all documents supporting the originating status of the product, for at least three years from the date of issuance or making out of the origin declaration.

2.   The supplier making out a supplier's declaration shall keep copies of the declaration and of all the invoices, delivery notes or other commercial documents to which that declaration is annexed as well as the documents referred to in Article 29(6) for at least three years.

The supplier making out a long-term supplier's declaration shall keep copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 29(6) for at least three years. That period shall begin from the date of expiry of validity of the long-term supplier's declaration.

3.   For the purposes of paragraph 1 of this Article, the documents supporting the originating status, inter alia, are the following:

| (a) | direct evidence of the processes carried out by the exporter or supplier to obtain the product, 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 product, contained, for example, in his accounts or internal bookkeeping;

| (b) | documents proving the originating status of materials used, issued or made out in the relevant applying Contracting Party in accordance with its national legislation; |
| --- | --- |

(b)

documents proving the originating status of materials used, issued or made out in the relevant applying Contracting Party in accordance with its national legislation;

| (c) | documents proving the working or processing of materials in the relevant Party, made out or issued in that Party in accordance with its national legislation; |
| --- | --- |

(c)

documents proving the working or processing of materials in the relevant Party, made out or issued in that Party in accordance with its national legislation;

| (d) | origin declarations or movement certificates EUR.1 proving the originating status of materials used, made out or issued in the Parties in accordance with these Rules; |
| --- | --- |

(d)

origin declarations or movement certificates EUR.1 proving the originating status of materials used, made out or issued in the Parties in accordance with these Rules;

| (e) | appropriate evidence concerning working or processing undergone outside the Parties by application of Articles 13 and 14, proving the fulfilment of the requirements of those Articles. |
| --- | --- |

(e)

appropriate evidence concerning working or processing undergone outside the Parties by application of Articles 13 and 14, proving the fulfilment of the requirements of those Articles.

4.   The customs authorities of the exporting Party issuing movement certificates EUR.1 shall keep the application form referred to in Article 20(2) for at least three years.

5.   The customs authorities of the importing Party shall keep the origin declarations and the movement certificates EUR.1 submitted to them for at least three years.

6.   Supplier's declarations proving the working or processing undergone in an applying Contracting Party by materials used, made out in that applying Contracting Party, shall be treated as a document referred to in Articles 18(3), 20(4) and 29(6) used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in that applying Contracting Party and fulfil the other requirements of these Rules.

Article 32

Dispute settlement

Where disputes arise in relation to the verification procedures under Articles 34 and 35, or in relation to the interpretation of this Appendix, which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out the verification, 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 Party shall take place in accordance with the legislation of that country.

TITLE VII

ADMINISTRATIVE COOPERATION

ADMINISTRATIVE COOPERATION

Article 33

Notification and cooperation

1.   The customs authorities of the Parties shall provide each other with specimen impressions of stamps used in their customs offices for the issue of movement certificates EUR.1, with the models of the authorisation numbers granted to approved exporters and with the addresses of the customs authorities responsible for verifying those certificates and origin declarations.

2.   In order to ensure the proper application of these Rules, the Parties shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations, the supplier's declarations and the correctness of the information given in those documents.

Article 34

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 Party 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 these Rules.

2.   When they make a request for subsequent verification, the customs authorities of the importing Party shall return the movement certificate EUR.1 and the invoice, if it has been submitted, the origin declaration, or a copy of those documents, to the customs authorities of the exporting Party giving, where appropriate, the reasons for the request for verification. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.

3.   The verification shall be carried out by the customs authorities of the exporting Party. For that 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 Party 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 thereof as soon as possible. Those results shall indicate clearly whether the documents are authentic and whether the products concerned may be considered as products originating in one of the Parties and fulfil the other requirements of these Rules.

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 35

Verification of supplier's declarations

1.   Subsequent verifications of supplier's declarations or long-term supplier's declarations may be carried out at random or whenever the customs authorities of a Party where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in that document.

2.   For the purposes of implementing the provisions of paragraph 1, the customs authorities of the Party referred to in paragraph 1 shall return the supplier's declaration or the long-term supplier's declaration and invoice(s), delivery note(s) or other commercial document(s) concerning goods covered by such declaration, to the customs authorities of the applying Contracting Party where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.

They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier's declaration or the long-term supplier's declaration is incorrect.

3.   The verification shall be carried out by the customs authorities of the applying Contracting Party where the supplier's declaration or the long-term supplier's declaration was made out. For that purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier's accounts or any other check which they consider appropriate.

4.   The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. Those results shall indicate clearly whether the information given in the supplier's declaration or the long-term supplier's declaration is correct and make it possible for them to determine whether and to what extent such declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.

Article 36

Penalties

Each Party shall provide for the imposition of criminal, civil or administrative penalties for violations of its national legislation related to these Rules.

TITLE VIII

APPLICATION OF APPENDIX A

APPLICATION OF APPENDIX A

Article 37

European Economic Area

Goods originating in the European Economic Area (EEA) within the meaning of Protocol 4 to the Agreement on the European Economic Area shall be considered as originating in the European Union, Iceland, Liechtenstein or Norway (the 'EEA Parties') when exported respectively from the European Union, Iceland, Liechtenstein or Norway to the West Bank and the Gaza Strip, provided that free trade agreements using these Rules are applicable between the Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip and the EEA Parties.

Article 38

Liechtenstein

Without prejudice to Article 2, a product originating in Liechtenstein shall, due to the customs union between Switzerland and Liechtenstein, be considered as originating in Switzerland.

Article 39

Republic of San Marino

Without prejudice to Article 2, a product originating in the Republic of San Marino shall, due to the customs union between the European Union and the Republic of San Marino, be considered as originating in the European Union.

Article 40

Principality of Andorra

Without prejudice to Article 2, a product originating in the Principality of Andorra classified under Chapters 25 to 97 of the Harmonised System shall, due to the customs union between the European Union and the Principality of Andorra, be considered as originating in the European Union.

Article 41

Ceuta and Melilla

1.   For the purposes of these Rules, the term 'European Union' shall not cover Ceuta and Melilla.

2.   Products originating in the West Bank and the Gaza Strip, when imported into Ceuta or Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the European Union under Protocol 2 of the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties (3). The Palestinian Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and Gaza Strip shall grant to imports of products covered by the relevant agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the European Union.

3.   For the purposes of paragraph 2 of this Article concerning products originating in Ceuta and Melilla, these Rules shall apply mutatis mutandis subject to the special conditions set out in Annex V.

ANNEX I

INTRODUCTORY NOTES TO THE LIST IN ANNEX II

Note 1 – General introduction

The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 4 of Title II of this Appendix. There are four different types of rules, which vary according to the product:

| (a) | through working or processing a maximum content of non-originating materials is not exceeded; |
| --- | --- |

(a)

through working or processing a maximum content of non-originating materials is not exceeded;

| (b) | through working or processing the 4-digit Harmonised System heading or 6-digit Harmonised System subheading of the manufactured products becomes different from the 4-digit Harmonised System heading or 6-digit subheading respectively of the materials used; |
| --- | --- |

(b)

through working or processing the 4-digit Harmonised System heading or 6-digit Harmonised System subheading of the manufactured products becomes different from the 4-digit Harmonised System heading or 6-digit subheading respectively of the materials used;

| (c) | a specific working or processing operation is carried out; |
| --- | --- |

(c)

a specific working or processing operation is carried out;

| (d) | working or processing is carried out on certain wholly obtained materials. |
| --- | --- |

(d)

working or processing is carried out on certain wholly obtained materials.

Note 2 – The structure of the list

| 2.1. | The first two columns in the list describe the product obtained. The column (1) gives the heading number or chapter number used in the Harmonised System and the column (2) 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). Where, in some cases, the entry in the column (1) is preceded by an 'ex', this signifies that the rules in column (3) apply only to the part of that heading as described in column (2). |
| --- | --- |

2.1.

| 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) 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.

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

2.3.

| 2.4. | Where two alternative rules are set out in column (3), separated by 'or', it is at the choice of the exporter which one to use. |
| --- | --- |

2.4.

Note 3 – Examples of how to apply the rules

| 3.1. | Article 4 of Title II of this Appendix, concerning products having obtained originating status which are used in the manufacture of other products, shall apply, regardless of whether that status has been obtained inside the factory where those products are used or in another factory in a Party. |
| --- | --- |

3.1.

| 3.2. | Pursuant to Article 6 of Title II of this Appendix , the working or processing carried out must go beyond the list of operations mentioned in that Article. If it does not, the goods shall not qualify for the granting of the benefit of preferential tariff treatment, even if the conditions set out in the list below are met.
  Subject to Article 6 of Title II of this Appendix, the rules in the list represent the minimum amount of working or processing required, and the carrying-out of more working or processing also confers originating status; conversely, the carrying-out of less working or processing cannot confer originating status.
  Thus, if a rule provides that non-originating material, at a certain level of manufacture, may be used, the use of such material at an earlier stage of manufacture is allowed, and the use of such material at a later stage is not.
  If a rule provides that non-originating material, at a certain level of manufacture, may not be used, the use of materials at an earlier stage of manufacture is allowed, and the use of materials at a later stage is not.
  Example: when the list-rule for Chapter 19 requires that 'non-originating materials of headings 1101 to 1108 cannot exceed 20 % weight', the use (i.e. importation) of cereals of Chapter 10 (materials at an earlier stage of manufacture) is not limited. |
| --- | --- |

3.2.

Subject to Article 6 of Title II of this Appendix, the rules in the list represent the minimum amount of working or processing required, and the carrying-out of more working or processing also confers originating status; conversely, the carrying-out of less working or processing cannot confer originating status.

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

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

Example: when the list-rule for Chapter 19 requires that 'non-originating materials of headings 1101 to 1108 cannot exceed 20 % weight', the use (i.e. importation) of cereals of Chapter 10 (materials at an earlier stage of manufacture) is not limited.

| 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.

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

| 3.4. | When a rule in the list specifies that a product may be manufactured from more than one material, this means that one or more materials may be used. It does not require that all be used. |
| --- | --- |

3.4.

| 3.5. | Where a rule in the list specifies that a product must be manufactured from a particular material, the condition does not prevent the use of other materials which, because of their inherent nature, cannot satisfy this. |
| --- | --- |

3.5.

| 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 those percentages may not be added together. In other words, the maximum value of all the non-originating materials used may never exceed the higher of the percentages given. Furthermore, the individual percentages shall not be exceeded, in relation to the particular materials to which they apply. |
| --- | --- |

3.6.

Note 4 – General provisions concerning certain agricultural goods

| 4.1. | Agricultural goods falling within Chapters 6, 7, 8, 9, 10, 12 and heading 2401 which are grown or harvested in the territory of a Party shall be treated as originating in the territory of that Party, even if grown from imported seeds, bulbs, rootstock, cuttings, grafts, shoots, buds, or other live parts of plants. |
| --- | --- |

4.1.

| 4.2. | In cases where the content of non-originating sugar in a given product is subject to limitations, the weight of sugars of headings 1701 (sucrose) and 1702 (e.g., fructose, glucose, lactose, maltose, isoglucose or invert sugar) used in the manufacture of the final product and used in the manufacture of the non-originating products incorporated in the final product is taken into account for the calculation of such limitations. |
| --- | --- |

4.2.

Note 5 – Terminology used in respect of certain textile products

| 5.1. | The term 'natural fibres' is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres which have been carded, combed or otherwise processed, but not spun. |
| --- | --- |

5.1.

| 5.2. | The term 'natural fibres' includes horsehair of heading 0511, silk of headings 5002 and 5003, as well as wool-fibres and fine or coarse animal hair of headings 5101 to 5105, cotton fibres of headings 5201 to 5203, and other vegetable fibres of headings 5301 to 5305. |
| --- | --- |

5.2.

| 5.3. | The terms 'textile pulp', 'chemical materials' and 'paper-making materials' are used in the list to describe the materials, not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns. |
| --- | --- |

5.3.

| 5.4. | The term 'man-made staple fibres' is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings 5501 to 5507. |
| --- | --- |

5.4.

| 5.5. | Printing (when combined with Weaving, Knitting/Crocheting, Tufting or Flocking) is defined as a technique by which an objectively assessed function, like colour, design, technical performance, is given to a textile substrate with a permanent character, using screen, roller, digital or transfer techniques. |
| --- | --- |

5.5.

| 5.6. | Printing (as standalone operation) is defined as a technique by which an objectively assessed function, like colour, design, technical performance, is given to a textile substrate with a permanent character, using screen, roller, digital or transfer techniques combined with at least two preparatory/finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product. |
| --- | --- |

5.6.

Note 6 – Tolerances applicable to products made of a mixture of textile materials

| 6.1. | Where, for a given product in the list, reference is made to this Note, the conditions set out in column (3) shall not be applied to any basic textile materials used in the manufacture of that product and which, taken together, represent 15 % or less of the total weight of all the basic textile materials used (See also Notes 6.3 and 6.4). |
| --- | --- |

6.1.

| 6.2. | However, the tolerance mentioned in Note 6.1 may be applied only to mixed products which have been made from two or more basic textile materials.
  The following are the basic textile materials:






  — | silk; |
| --- | --- | --- |

6.2.

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 filament fibres of polypropylene; |
| --- | --- |

—

synthetic man-made filament fibres of polypropylene;

| — | synthetic man-made filament fibres of polyester; |
| --- | --- |

—

synthetic man-made filament fibres of polyester;

| — | synthetic man-made filament fibres of polyamide; |
| --- | --- |

—

synthetic man-made filament fibres of polyamide;

| — | synthetic man-made filament fibres of polyacrylonitrile; |
| --- | --- |

—

synthetic man-made filament fibres of polyacrylonitrile;

| — | synthetic man-made filament fibres of polyimide; |
| --- | --- |

—

synthetic man-made filament fibres of polyimide;

| — | synthetic man-made filament fibres of polytetrafluoroethylene; |
| --- | --- |

—

synthetic man-made filament fibres of polytetrafluoroethylene;

| — | synthetic man-made filament fibres of poly(phenylene sulphide); |
| --- | --- |

—

synthetic man-made filament fibres of poly(phenylene sulphide);

| — | synthetic man-made filament fibres of poly(vinyl chloride); |
| --- | --- |

—

synthetic man-made filament fibres of poly(vinyl chloride);

| — | other synthetic man-made filament fibres; |
| --- | --- |

—

other synthetic man-made filament fibres;

| — | artificial man-made filament fibres of viscose; |
| --- | --- |

—

artificial man-made filament fibres of viscose;

| — | other artificial man-made filament fibres; |
| --- | --- |

—

other artificial man-made filament fibres;

| — | 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;

| — | 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;

| — | glass fibres; |
| --- | --- |

—

glass fibres;

| — | metal fibres; |
| --- | --- |

—

metal fibres;

| — | mineral fibres. |
| --- | --- |

—

mineral fibres.

| 6.3. | 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. |
| --- | --- |

6.3.

| 6.4. | In the case of products incorporating 'strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film', this tolerance is 30 % in respect of this strip. |
| --- | --- |

6.4.

Note 7 – Other tolerances applicable to certain textile products

| 7.1. | 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 15 % of the ex-works price of the product. |
| --- | --- |

7.1.

| 7.2. | Without prejudice to Note 7.3, materials which are not classified within Chapters 50 to 63 may be used freely in the manufacture of textile products, whether or not they contain textiles. |
| --- | --- |

7.2.

| 7.3. | Where a percentage rule applies, the value of non-originating 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. |
| --- | --- |

7.3.

Note 8 – Definition of specific processes and simple operations carried out in respect of certain products of Chapter 27

| 8.1. | For the purposes of headings ex 2707 and 2713, the 'specific processes' are the following:






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

8.1.

(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.

| 8.2. | For the purposes of headings 2710, 2711 and 2712, the 'specific processes' are the following:






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

8.2.

(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;

| (j) | in respect of heavy oils of heading ex 2710 only, desulphurisation with hydrogen, resulting in a reduction of at least 85 % of the sulphur content of the products processed (ASTM D 1266-59 T method); |
| --- | --- |

(j)

in respect of heavy oils of heading ex 2710 only, desulphurisation with hydrogen, resulting in a reduction of at least 85 % of the sulphur content of the products processed (ASTM D 1266-59 T method);

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

(k)

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

| (l) | in respect of heavy oils of heading 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 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; |
| --- | --- |

(l)

in respect of heavy oils of heading 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 2710 (e.g. hydrofinishing or decolourisation), in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;

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

(m)

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

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

(n)

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

| (o) | 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 2712 only, de-oiling by fractional crystallisation. |
| --- | --- |

(o)

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 2712 only, de-oiling by fractional crystallisation.

| 8.3. | For the purposes of headings ex 2707 and 2713, simple operations, such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur contents, or any combination of those operations or like operations, do not confer origin. |
| --- | --- |

8.3.

Note 9 – Definition of specific processes and operations carried out in respect of certain products

| 9.1. | Products falling within Chapter 30 obtained in a Party by using cell cultures, shall be considered as originating in that Party. 'Cell culture' is defined as the cultivation of human, animal and plant cells under controlled conditions (such as defined temperatures, growth medium, gas mixture, pH) outside a living organism. |
| --- | --- |

9.1.

| 9.2. | Products falling within Chapters 29 (except for: 2905.43-2905.44), 30, 32, 33 (except for: 3302.10, 3301), 34, 35 (except for: 35.01, 3502.11-3502.19, 3502.20, 35.05), 36, 37, 38 (except for: 3809.10, 38.23, 3824.60, 38.26) and 39 (except for: 39.16-39.26) obtained in a Party by fermentation shall be considered as originating in that Party. 'Fermentation' is a biotechnological process in which human, animal, plant cells, bacteria, yeasts, fungi or enzymes are used to produce products falling within Chapters 29 to 39. |
| --- | --- |

9.2.

| 9.3. | The following processing operations are considered sufficient according to paragraph 1 of Article 4 for products falling within Chapters 28, 29 (except for: 2905.43-2905.44), 30, 32, 33 (except for: 3302.10, 3301), 34, 35 (except for: 35.01, 3502.11-3502.19, 3502.20, 35.05), 36, 37, 38 (except for: 3809.10, 38.23, 3824.60, 38.26) and 39 (except for: 39.16-39.26):






  — | Chemical reaction: A 'chemical reaction' is a process (including a biochemical process) which results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule. A chemical reaction may be expressed by a change of the 'CAS number'.
  The following processes should not be considered for purposes of origin: (a) dissolving in water or other solvents; (b) the elimination of solvents, including solvent water; or (c) the addition or elimination of water of crystallization. A chemical reaction as defined above is to be considered as origin conferring. |
| --- | --- | --- |

9.3.

—

Chemical reaction: A 'chemical reaction' is a process (including a biochemical process) which results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule. A chemical reaction may be expressed by a change of the 'CAS number'.

The following processes should not be considered for purposes of origin: (a) dissolving in water or other solvents; (b) the elimination of solvents, including solvent water; or (c) the addition or elimination of water of crystallization. A chemical reaction as defined above is to be considered as origin conferring.

| — | Mixtures and Blends: The deliberate and proportionally controlled mixing or blending (including dispersing) of materials, other than the addition of diluents, to conform to predetermined specifications which results in the production of a good having physical or chemical characteristics which are relevant to the purposes or uses of the good and are different from the input materials is to be considered to be as origin conferring. |
| --- | --- |

—

Mixtures and Blends: The deliberate and proportionally controlled mixing or blending (including dispersing) of materials, other than the addition of diluents, to conform to predetermined specifications which results in the production of a good having physical or chemical characteristics which are relevant to the purposes or uses of the good and are different from the input materials is to be considered to be as origin conferring.

| — | Purification: Purification is to be considered as origin conferring provided that purification occurring in the territory of one or both of the Parties results in one of the following criteria being satisfied:






  (a) | purification of a good resulting in the elimination of at least 80 % of the content of existing impurities; or |
| --- | --- | --- |

—

Purification: Purification is to be considered as origin conferring provided that purification occurring in the territory of one or both of the Parties results in one of the following criteria being satisfied:

(a)

purification of a good resulting in the elimination of at least 80 % of the content of existing impurities; or

| (b) | the reduction or elimination of impurities resulting in a good suitable for one or more of the following applications:






  (i) | pharmaceutical, medicinal, cosmetic, veterinary, or food grade substances; |
| --- | --- | --- |

(b)

the reduction or elimination of impurities resulting in a good suitable for one or more of the following applications:

(i)

pharmaceutical, medicinal, cosmetic, veterinary, or food grade substances;

| (ii) | chemical products and reagents for analytical, diagnostic or laboratory uses; |
| --- | --- |

(ii)

chemical products and reagents for analytical, diagnostic or laboratory uses;

| (iii) | elements and components for use in micro-electronics; |
| --- | --- |

(iii)

elements and components for use in micro-electronics;

| (iv) | specialised optical uses; |
| --- | --- |

(iv)

specialised optical uses;

| (v) | biotechnical use (e.g., in cell culturing, in genetic technology, or as a catalyst); |
| --- | --- |

(v)

biotechnical use (e.g., in cell culturing, in genetic technology, or as a catalyst);

| (vi) | carriers used in a separation process; or |
| --- | --- |

(vi)

carriers used in a separation process; or

| (vii) | nuclear grade uses. |
| --- | --- |

(vii)

nuclear grade uses.

| — | Change in particle size: The deliberate and controlled modification in particle size of a good, other than by merely crushing or pressing, resulting in a good having a defined particle size, defined particle size distribution or defined surface area which is relevant to the purposes of the resulting good and having different physical or chemical characteristics from the input materials is to be considered as origin conferring. |
| --- | --- |

—

Change in particle size: The deliberate and controlled modification in particle size of a good, other than by merely crushing or pressing, resulting in a good having a defined particle size, defined particle size distribution or defined surface area which is relevant to the purposes of the resulting good and having different physical or chemical characteristics from the input materials is to be considered as origin conferring.

| — | Standard materials: Standard materials (including standard solutions) are preparations suitable for analytical, calibrating or referencing uses having precise degrees of purity or proportions which are certified by the manufacturer. The production of standard materials is to be considered as origin conferring. |
| --- | --- |

—

Standard materials: Standard materials (including standard solutions) are preparations suitable for analytical, calibrating or referencing uses having precise degrees of purity or proportions which are certified by the manufacturer. The production of standard materials is to be considered as origin conferring.

| — | Isomer separation: The isolation or separation of isomers from a mixture of isomers is to be considered as origin conferring. |
| --- | --- |

—

Isomer separation: The isolation or separation of isomers from a mixture of isomers is to be considered as origin conferring.

ANNEX II

LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER FOR THE PRODUCT MANUFACTURED TO OBTAIN ORIGINATING STATUS

| Heading | Description of product | Working or processing, carried out on non-originating materials, which confers originating status |
| --- | --- | --- |
| (1) | (2) | (3) |
| Chapter 1 | Live animals | All the animals of Chapter 1 shall be wholly obtained |
| Chapter 2 | Meat and edible meat offal | Manufacture in which all the meat and edible meat offal in the products of this Chapter is wholly obtained |
| Chapter 3 | Fish and crustaceans, molluscs and other aquatic invertebrates | Manufacture in which all the materials of Chapter 3 used are wholly obtained |
| Chapter 4 | Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included | Manufacture in which all the materials of Chapter 4 used are wholly obtained |
| ex Chapter 5 | Products of animal origin, not elsewhere specified or included; except for: | Manufacture from materials of any heading |
| ex 0511 91 | Inedible fish eggs and roes | All the eggs and roes are wholly obtained |
| Chapter 6 | Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage | Manufacture in which all the materials of Chapter 6 used are wholly obtained |
| Chapter 7 | Edible vegetables and certain roots and tubers | Manufacture in which all the materials of Chapter 7 used are wholly obtained |
| Chapter 8 | Edible fruit and nuts; peel of citrus fruits or melons | Manufacture in which all the fruit, nuts and peels of citrus fruits or melons of Chapter 8 used are wholly obtained |
| Chapter 9 | Coffee, tea, maté and spices | Manufacture from materials of any heading |
| Chapter 10 | Cereals | Manufacture in which all the materials of Chapter 10 used are wholly obtained |
| Chapter 11 | Products of the milling industry; malt; starches; inulin; wheat gluten | Manufacture in which all the materials of Chapters 8, 10 and 11, headings 0701 , 0714 , 2302 and 2303 , and subheading 0710 10 used are wholly obtained |
| Chapter 12 | Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder | Manufacture from materials of any heading, except that of the product |
| ex Chapter 13 | Lac; gums, resins and other vegetable saps and extracts; except for: | Manufacture from materials of any heading |
| ex 1302 | Pectic substances, pectinates and pectates | Manufacture from materials of any heading and in which the weight of sugar used does not exceed 40 % of the weight of the final product |
| Chapter 14 | Vegetable plaiting materials; vegetable products not elsewhere specified or included | Manufacture from materials of any heading |
| ex Chapter 15 | Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes; except for: | Manufacture from materials of any heading, except that of the product |
| 1504 to 1506 | Fats and oils and their fractions, of fish or marine mammals; wool grease and fatty substances derived therefrom (including lanolin); other animal fats and oils and their fractions, whether or not refined, but not chemically modified | Manufacture from materials of any heading |
| 1508 | Groundnut oil and its fractions, whether or not refined, but not chemically modified | Manufacture from materials of any subheading, except that of the product |
| 1509 and 1510 | Olive oil and its fractions | Manufacture in which all the vegetable materials used are wholly obtained |
| 1511 | Palm oil and its fractions, whether or not refined, but not chemically modified | Manufacture from materials of any subheading, except that of the product |
| ex 1512 | Sunflower seed oils and their fractions: | |
| — | for technical or industrial uses other than the manufacture of foodstuffs for human consumption |

Heading

Description of product

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

(1)

(2)

(3)

Chapter 1

Live animals

All the animals of Chapter 1 shall be wholly obtained

Chapter 2

Meat and edible meat offal

Manufacture in which all the meat and edible meat offal in the products of this Chapter is wholly obtained

Chapter 3

Fish and crustaceans, molluscs and other aquatic invertebrates

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

Chapter 4

Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included

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

ex Chapter 5

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

Manufacture from materials of any heading

ex 0511 91

Inedible fish eggs and roes

All the eggs and roes are wholly obtained

Chapter 6

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

Manufacture in which all the materials of Chapter 6 used are wholly obtained

Chapter 7

Edible vegetables and certain roots and tubers

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

Chapter 8

Edible fruit and nuts; peel of citrus fruits or melons

Manufacture in which all the fruit, nuts and peels of citrus fruits or melons of Chapter 8 used are wholly obtained

Chapter 9

Coffee, tea, maté and spices

Manufacture from materials of any heading

Chapter 10

Cereals

Manufacture in which all the materials of Chapter 10 used are wholly obtained

Chapter 11

Products of the milling industry; malt; starches; inulin; wheat gluten

Manufacture in which all the materials of Chapters 8, 10 and 11, headings 0701 , 0714 , 2302 and 2303 , and subheading 0710 10 used are wholly obtained

Chapter 12

Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder

Manufacture from materials of any heading, except that of the product

ex Chapter 13

Lac; gums, resins and other vegetable saps and extracts; except for:

Manufacture from materials of any heading

ex 1302

Pectic substances, pectinates and pectates

Manufacture from materials of any heading and in which the weight of sugar used does not exceed 40 % of the weight of the final product

Chapter 14

Vegetable plaiting materials; vegetable products not elsewhere specified or included

Manufacture from materials of any heading

ex Chapter 15

Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes; except for:

Manufacture from materials of any heading, except that of the product

1504 to 1506

Fats and oils and their fractions, of fish or marine mammals; wool grease and fatty substances derived therefrom (including lanolin); other animal fats and oils and their fractions, whether or not refined, but not chemically modified

Manufacture from materials of any heading

1508

Groundnut oil and its fractions, whether or not refined, but not chemically modified

Manufacture from materials of any subheading, except that of the product

1509 and 1510

Olive oil and its fractions

Manufacture in which all the vegetable materials used are wholly obtained

1511

Palm oil and its fractions, whether or not refined, but not chemically modified

Manufacture from materials of any subheading, except that of the product

ex 1512

Sunflower seed oils and their fractions:

—

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

| — | other |
| --- | --- |

—

other

Manufacture in which all the vegetable materials used are wholly obtained

1515

Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified

Manufacture from materials of any subheading, except that of the product

ex 1516

Fats and oils and their fractions, of fish

Manufacture from materials of any heading

1520

Glycerol, crude; glycerol waters and glycerol lyes

Manufacture from materials of any heading

Chapter 16

Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates

Manufacture in which all the materials of Chapter 2, 3 and 16 used are wholly obtained

ex Chapter 17

Sugars and sugar confectionery; except for:

Manufacture from materials of any heading, except that of the product

1702

Other sugars, including chemically pure lactose, 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 |
| --- | --- |

—

Chemically-pure maltose and fructose

Manufacture from materials of any heading, including other materials of heading 1702

| — | Other |
| --- | --- |

—

Other

Manufacture from materials of any heading, except that of the product, in which the weight of the materials of heading 1101 to 1108 , 1701 and 1703 used does not exceed 30 % of the weight of the final product

1704

Sugar confectionery (including white chocolate), not containing cocoa

Manufacture from materials of any heading, except that of the product, in which:

| — | the weight of sugar used does not exceed 40 % of the weight of the final product
  or |
| --- | --- |

—

the weight of sugar used does not exceed 40 % of the weight of the final product

or

| — | the value of sugar used does not exceed 30 % of the ex-works price of the product |
| --- | --- |

—

the value of sugar used does not exceed 30 % of the ex-works price of the product

ex Chapter 18

Cocoa and cocoa preparations; except for:

Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product

ex 1806

Chocolate and other food preparations containing cocoa; except for:

Manufacture from materials of any heading, except that of the product, in which:

| — | the weight of sugar used does not exceed 40 % of the weight of the final product
  or |
| --- | --- |

—

the weight of sugar used does not exceed 40 % of the weight of the final product

or

| — | the value of sugar used does not exceed 30 % of the ex-works price of the product |
| --- | --- |

—

the value of sugar used does not exceed 30 % of the ex-works price of the product

1806 10

Cocoa powder, containing added sugar or other sweetening matters

Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final 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 |
| --- | --- |

—

Malt extract

Manufacture from cereals of Chapter 10

| — | Other |
| --- | --- |

—

Other

Manufacture from materials of any heading, except that of the product, in which the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final 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

Manufacture from materials of any heading, except that of the product, in which:

| — | the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and |
| --- | --- |

—

the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and

| — | the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the final product |
| --- | --- |

—

the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the final product

1903

Tapioca and substitutes therefor 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 that of the product, in which:

| — | the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and |
| --- | --- |

—

the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and

| — | the weight of sugar used does not exceed 40 % of the weight of the final product |
| --- | --- |

—

the weight of sugar used does not exceed 40 % of the weight of the final 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 that of the product, in which the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product

ex Chapter 20

Preparations of vegetables, fruit, nuts or other parts of plants; except for:

Manufacture from materials of any heading, except that of the product

2002 and 2003

Tomatoes, mushrooms and truffles prepared or preserved otherwise than by vinegar or acetic acid

Manufacture from materials of any heading, except that of the product, in which all the materials of Chapter 7 used are wholly obtained

2006

Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallized)

Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final 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, in which the weight of sugar used does not exceed 40 % of the weight of the final product

ex 2008

Products, other than:

| — | Nuts, not containing added sugar or spirits |
| --- | --- |

—

Nuts, not containing added sugar or spirits

| — | Peanut butter; mixtures based on cereals; palm hearts; maize (corn) |
| --- | --- |

—

Peanut butter; mixtures based on cereals; palm hearts; maize (corn)

| — | Fruit and nuts cooked otherwise than by steaming or boiling in water, not containing added sugar, frozen |
| --- | --- |

—

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, in which the weight of sugar used does not exceed 40 % of the weight of the final 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, in which the weight of sugar used does not exceed 40 % of the weight of the final product

ex Chapter 21

Miscellaneous edible preparations; except for:

Manufacture from materials of any heading, except that of the product

2103

| — | Sauces and preparations therefor; mixed condiments and mixed seasonings |
| --- | --- |

—

Sauces and preparations therefor; mixed condiments and mixed seasonings

| — | Mustard flour and meal and prepared mustard |
| --- | --- |

—

Mustard flour and meal and prepared mustard

Manufacture from materials of any heading, except that of the product. However, mustard flour or meal or prepared mustard may be used

Manufacture from materials of any heading

2105

Ice cream and other edible ice, whether or not containing cocoa

Manufacture from materials of any heading, except that of the product, in which:

| — | the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product
  and |
| --- | --- |

—

the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product

and

| — | the total combined weight of sugar and of the materials of Chapter 4 used does not exceed 60 % of the weight of the final product |
| --- | --- |

—

the total combined weight of sugar and of the materials of Chapter 4 used does not exceed 60 % of the weight of the final product

2106

Food preparations not elsewhere specified or included

Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product

ex Chapter 22

Beverages, spirits and vinegar; except for:

Manufacture from materials of any heading, except that of the product, in which all the materials of subheadings 0806 10 , 2009 61 , 2009 69 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

2207 and 2208

Undenatured ethyl alcohol of an alcoholic strength by volume of higher or less than 80 % vol; spirits, liqueurs and other spirituous beverages

Manufacture from materials of any heading, except heading 2207 or 2208 , in which all the materials of subheadings 0806 10 , 2009 61 , 2009 69 used are wholly obtained

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

2309

Preparations of a kind used in animal feeding

Manufacture in which:

| — | all the materials of Chapters 2 and 3 used are wholly obtained, |
| --- | --- |

—

all the materials of Chapters 2 and 3 used are wholly obtained,

| — | the weight of materials of Chapters 10 and 11 and headings 2302 and 2303 used does not exceed 20 % of the weight of the final product, |
| --- | --- |

—

the weight of materials of Chapters 10 and 11 and headings 2302 and 2303 used does not exceed 20 % of the weight of the final product,

| — | the individual weight of sugar and the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and |
| --- | --- |

—

the individual weight of sugar and the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and

| — | the total combined weight of sugar and the materials of Chapter 4 used does not exceed 50 % of the weight of the final product |
| --- | --- |

—

the total combined weight of sugar and the materials of Chapter 4 used does not exceed 50 % of the weight of the final product

ex Chapter 24

Tobacco and manufactured tobacco substitutes; except for:

Manufacture from materials of any heading in which the weight of materials of heading 2401 does not exceed 30 % of the total weight of materials of Chapter 24 used

2401

Unmanufactured tobacco; tobacco refuse

Manufacture in which all materials of heading 2401 are wholly obtained

ex 2402

Cigarettes, of tobacco or of tobacco substitutes

Manufacture from materials of any heading, except that of the product and of smoking tobacco of subheading 2403 19 , in which at least 10 % by weight of all materials of heading 2401 used is wholly obtained

ex 2403

Products intended for inhalation through heated delivery or other means, without combustion

Manufacture from materials of any heading, except that of the product, in which at least 10 % by weight of all materials of heading 2401 used is wholly obtained

ex Chapter 25

Salt; sulphur; earths and stone; plastering materials, lime and cement; except for:

Manufacture from materials of any heading, except that of the product

or

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex 2519

Crushed natural magnesium carbonate (magnesite), in hermetically-sealed containers, and magnesium oxide, whether or not pure, other than fused magnesia or dead-burned (sintered) magnesia

Manufacture from materials of any heading, except that of the product. However, natural magnesium carbonate (magnesite) may be used

Chapter 26

Ores, slag and ash

Manufacture from materials of any heading, except that of the product

ex Chapter 27

Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes; except for:

Manufacture from materials of any heading, except that of the product

or

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

ex 2707

Oils in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents, being oils similar to mineral oils obtained by distillation of high temperature coal tar, of which more than 65 % by volume distils at a temperature of up to 250 °C (including mixtures of petroleum spirit and benzole), for use as power or heating fuels

Operations of refining and/or one or more specific process(es) (4)

or

Other operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product

2710

Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils

Operations of refining and/or one or more specific process(es) (4)

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) (4)

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) (4)

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 minerals

Operations of refining and/or one or more specific process(es) (4)

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

Chapter 28

Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

or

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

ex Chapter 29

Organic chemicals; except for:

Specific process(es) (7)

or

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

or

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

ex 2901

Acyclic hydrocarbons for use as power or heating fuels

Specific process(es) (7)

or

Operations of refining and/or one or more specific process(es) (4)

or

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

ex 2902

Cyclanes and cyclenes (other than azulenes), benzene, toluene, xylenes, for use as power or heating fuels

Specific process(es) (7)

or

Operations of refining and/or one or more specific process(es) (4)

or

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

ex 2905

Metal alcoholates of alcohols of this heading and of ethanol

Specific process(es) (7)

or

Manufacture from materials of any heading, including other materials of heading 2905 . However, metal alcoholates of this heading may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

or

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

Chapter 30

Pharmaceutical products

Specific process(es) (7)

or

Manufacture from materials of any heading

Chapter 31

Fertilizers

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

or

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

Chapter 32

Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks

Specific process(es) (7)

or

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

or

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

Chapter 33

Essential oils and resinoids; perfumery, cosmetic or toilet preparations

Specific process(es) (7)

or

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

or

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

Chapter 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

Specific process(es) (7)

or

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

or

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

Chapter 35

Albuminoidal substances; modified starches; glues; enzymes

Specific process(es) (7)

or

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

or

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

Chapter 36

Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations

Specific process(es) (7)

or

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

or

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

Chapter 37

Photographic or cinematographic goods

Specific process(es) (7)

or

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

or

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

ex Chapter 38

Miscellaneous chemical products; except for:

Specific process(es) (7)

or

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

or

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

ex 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:

Specific process(es) (7)

or

| — | Prepared additives for lubricating oil, containing petroleum oils or oils obtained from bituminous minerals |
| --- | --- |

—

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

ex 3824 99 and ex 3826 00

Biodiesel

Manufacture in which biodiesel is obtained through transesterification and/or esterification or through hydro-treatment

Chapter 39

Plastics and articles thereof

Specific process(es) (7)

or

Manufacture from materials of any heading, except that of the product. However, materials of the same subheading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

or

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

ex Chapter 40

Rubber and articles thereof; except for:

Manufacture from materials of any heading, except that of the product

or

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

ex 4012

Retreaded pneumatic, solid or cushion tyres, of rubber

Retreading of used tyres

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

4104 to 4106

Tanned or crust hides and skins, without wool or hair on, whether or not split, but not further prepared

Re-tanning of tanned leather

or

Manufacture from materials of any heading, except that 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

or

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

ex Chapter 43

Furskins and artificial fur; manufactures thereof; except for:

Manufacture from materials of any heading, except that of the product

ex 4302

Tanned or dressed furskins, assembled:

| — | Plates, crosses and similar forms. |
| --- | --- |

—

Plates, crosses and similar forms.

Bleaching or dyeing, in addition to cutting and assembly of non-assembled tanned or dressed furskins

| — | Other |
| --- | --- |

—

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

or

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

ex 4407

Wood sawn or chipped lengthwise, sliced or peeled, of a thickness exceeding 6 mm, planed, sanded or end-jointed

Planing, sanding or end-jointing

ex 4408

Sheets for veneering (including those obtained by slicing laminated wood) and for plywood, of a thickness not exceeding 6 mm, spliced, and other wood sawn lengthwise, sliced or peeled of a thickness not exceeding 6 mm, planed, sanded or end-jointed

Splicing, planing, sanding or end-jointing

ex 4410 to ex 4413

Beadings and mouldings, including moulded skirting and other moulded boards

Beading or moulding

ex 4415

Packing cases, boxes, crates, drums and similar packings, of wood

Manufacture from boards not cut to size

ex 4418

| — | Builders' joinery and carpentry of wood |
| --- | --- |

—

Builders' joinery and carpentry of wood

| — | Beadings and mouldings |
| --- | --- |

—

Beadings and mouldings

Manufacture from materials of any heading, except that of the product. However, cellular wood panels, shingles and shakes may be used

Beading or moulding

ex 4421

Match splints; wooden pegs or pins for footwear

Manufacture from wood of any heading, except drawn wood of heading 4409

Chapter 45

Cork and articles of cork

Manufacture from materials of any heading, except that of the product

or

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

Chapter 46

Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork

Manufacture from materials of any heading, except that of the product

or

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

Chapter 47

Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard

Manufacture from materials of any heading, except that of the product

or

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

Chapter 48

Paper and paperboard; articles of paper pulp, of paper or of paperboard

Manufacture from materials of any heading, except that of the product

or

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

Chapter 49

Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans

Manufacture from materials of any heading except that of the product

or

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

ex Chapter 50

Silk; except for:

Manufacture from materials of any heading, except that of the product

ex 5003

Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), carded or combed

Carding or combing of silk waste

5004 to ex 5006

Silk yarn and yarn spun from silk waste

(5)

Spinning of natural fibres

or

Extrusion of man-made continuous filament combined with spinning

or

Extrusion of man-made continuous filament combined with twisting

or

Twisting combined with any mechanical operation

5007

Woven fabrics of silk or of silk waste

(5)

Spinning of natural and/or man-made staple fibres combined with weaving

or

Extrusion of man-made filament yarn combined with weaving

or

Twisting or any mechanical operation combined with weaving

or

Weaving combined with dyeing

or

Yarn dyeing combined with weaving

or

Weaving combined with printing

or

Printing (as standalone operation)

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

(5)

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

or

Twisting combined with any mechanical operation

5111 to 5113

Woven fabrics of wool, of fine or coarse animal hair or of horsehair:

(5)

Spinning of natural and/or man-made staple fibres combined with weaving

or

Extrusion of man-made filament yarn combined with weaving

or

Weaving combined with dyeing

or

Yarn dyeing combined with weaving

or

Weaving combined with printing

or

Printing (as standalone operation)

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

(5)

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

or

Twisting combined with any mechanical operation

5208 to 5212

Woven fabrics of cotton

(5)

Spinning of natural and/or man-made staple fibres combined with weaving

or

Extrusion of man-made filament yarn combined with weaving

or

Twisting or any mechanical operation combined with weaving

or

Weaving combined with dyeing or with coating or with laminating

or

Yarn dyeing combined with weaving

or

Weaving combined with printing

or

Printing (as standalone operation)

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

(5)

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

or

Twisting combined with any mechanical operation

5309 to 5311

Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn:

(5)

Spinning of natural and/or man-made staple fibres combined with weaving

or

Extrusion of man-made filament yarn combined with weaving

or

Weaving combined with dyeing or with coating or with laminating

or

Yarn dyeing combined with weaving

or

Weaving combined with printing

or

Printing (as standalone operation)

5401 to 5406

Yarn, monofilament and thread of man-made filaments

(5)

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

or

Twisting combined with any mechanical operation

5407 and 5408

Woven fabrics of man-made filament yarn

(5)

Spinning of natural and/or man-made staple fibres combined with weaving

or

Extrusion of man-made filament yarn combined with weaving

or

Twisting or any mechanical operation combined with weaving

or

Yarn dyeing combined with weaving

or

Weaving combined with dyeing or with coating or with laminating

or

Weaving combined with printing

or

Printing (as standalone operation)

5501 to 5507

Man-made staple fibres

Extrusion of man-made fibres

5508 to 5511

Yarn and sewing thread of man-made staple fibres

(5)

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

or

Twisting combined with any mechanical operation

5512 to 5516

Woven fabrics of man-made staple fibres:

(5)

Spinning of natural and/or man-made staple fibres combined with weaving

or

Extrusion of man-made filament yarn combined with weaving

or

Twisting or any mechanical operation combined with weaving

or

Weaving combined with dyeing or with coating or with laminating

or

Yarn dyeing combined with weaving

or

Weaving combined with printing

or

Printing (as standalone operation)

ex Chapter 56

Wadding, felt and non-wovens; special yarns; twine, cordage, ropes and cables and articles thereof; except for:

(5)

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

5601

Wadding of textile materials and articles thereof; textile fibres, not exceeding 5 mm in length (flock), textile dust and mill neps

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

or

Flocking combined with dyeing or printing

or

Coating, flocking, laminating, or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product

5602

Felt, whether or not impregnated, coated, covered or laminated:

| — | Needleloom felt |
| --- | --- |

—

Needleloom felt

(5)

Extrusion of man-made fibres combined with fabric formation.

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

or

Non-woven fabric formation alone in the case of felt made from natural fibres

| — | Other |
| --- | --- |

—

Other

(5)

Extrusion of man-made fibres combined with fabric formation

or

Non-woven fabric formation alone in the case of other felt made from natural fibres

5603

Nonwovens whether or not impregnated, coated, covered or laminated

5603 11 to 5603 14

Nonwovens whether or not impregnated, coated, covered or laminated of man-made filaments

Manufacture from

| — | directionally or randomly oriented filaments
  or |
| --- | --- |

—

directionally or randomly oriented filaments

or

| — | substances or polymers of natural or man-made origin,
  followed in both cases by bonding into a nonwoven |
| --- | --- |

—

substances or polymers of natural or man-made origin,

followed in both cases by bonding into a nonwoven

5603 91 to 5603 94

Nonwovens whether or not impregnated, coated, covered or laminated, other than of man-made filaments

Manufacture from

| — | directionally or randomly oriented staple fibres
  and/or |
| --- | --- |

—

directionally or randomly oriented staple fibres

and/or

| — | chopped yarns, of natural or man-made origin,
  followed in both by bonding into a nonwoven |
| --- | --- |

—

chopped yarns, of natural or man-made origin,

followed in both by bonding into a nonwoven

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 |
| --- | --- |

—

Rubber thread and cord, textile covered

Manufacture from rubber thread or cord, not textile covered

| — | Other |
| --- | --- |

—

Other

(5)

Spinning of natural fibres

or

Extrusion of man-made fibres combined with spinning

or

Twisting combined with any mechanical operation

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

(5)

Spinning of natural and/or man-made staple fibres

or

Extrusion of man-made fibres combined with spinning

or

Twisting combined with any mechanical operation

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

(5)

Extrusion of man-made fibres combined with spinning

or

Twisting combined with gimping

or

Spinning of natural and/or man-made staple fibres

or

Flocking combined with dyeing

Chapter 57

Carpets and other textile floor coverings:

(5)

Spinning of natural and/or man-made staple fibres combined with weaving or with tufting

or

Extrusion of man-made filament yarn combined with weaving or with tufting

or

Manufacture from coir yarn or sisal yarn or jute yarn or classical ring spun viscose yarn

or

Tufting combined with dyeing or with printing

or

Flocking combined with dyeing or with printing

or

Extrusion of man-made fibres combined with non-woven techniques including needle punching

Jute fabric may be used as a backing

ex Chapter 58

Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery; except for:

(5)

Spinning of natural and/or man-made staple fibres combined with weaving or tufting

or

Extrusion of man-made filament yarn combined with weaving or with tufting

or

Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing

or

Tufting combined with dyeing or with printing

or

Flocking combined with dyeing or with printing

or

Yarn dyeing combined with weaving

or

Weaving combined with printing

or

Printing (as standalone operation)

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

Embroidering in which the value of all the materials of any heading, except that of the product, used does not exceed 50 % of the ex-works price of the product

5901

Textile fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books or the like; tracing cloth; prepared painting canvas; buckram and similar stiffened textile fabrics of a kind used for hat foundations

Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing

or

Flocking combined with dyeing or with printing

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 |
| --- | --- |

—

Containing not more than 90 % by weight of textile materials

Weaving

| — | Other |
| --- | --- |

—

Other

Extrusion of man-made fibres combined with weaving

5903

Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902

Weaving combined with impregnating or with coating or with covering or with laminating or with metalizing

or

Weaving combined with printing

or

Printing (as standalone operation)

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

(5)

Weaving combined with dyeing or with coating or with laminating or with metalizing

Jute fabric may be used as a backing.

5905

Textile wall coverings:

| — | Impregnated, coated, covered or laminated with rubber, plastics or other materials |
| --- | --- |

—

Impregnated, coated, covered or laminated with rubber, plastics or other materials

Weaving, knitting or non-woven fabric formation combined with impregnating or with coating or with covering or with laminating or with metalizing

| — | Other |
| --- | --- |

—

Other

(5)

Spinning of natural and/or man-made staple fibres combined with weaving

or

Extrusion of man-made filament yarn combined with weaving

or

Weaving, knitting or non-woven fabric formation combined with dyeing or with coating or with laminating

or

Weaving combined with printing

or

Printing (as standalone operation)

5906

Rubberised textile fabrics, other than those of heading 5902 :

| — | Knitted or crocheted fabrics |
| --- | --- |

—

Knitted or crocheted fabrics

(5)

Spinning of natural and/or man-made staple fibres combined with knitting/crocheting

or

Extrusion of man-made filament yarn combined with knitting/crocheting

or

Knitting or crocheting combined with rubberising

or

Rubberising combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product

| — | Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials |
| --- | --- |

—

Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials

Extrusion of man-made fibres combined with weaving

| — | Other |
| --- | --- |

—

Other

Weaving, knitting or non-woven process combined with dyeing or with coating/rubberising

or

Yarn dyeing combined with weaving, knitting or non-woven process

or

Rubberising combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product

5907

Textile fabrics otherwise impregnated, coated or covered; painted canvas being theatrical scenery, studio back-cloths or the like

Weaving or knitting or non-woven fabric formation combined with dyeing or with printing or with coating or with impregnating or with covering

or

Flocking combined with dyeing or with printing

or

Printing (as standalone operation)

5908

Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric therefore, whether or not impregnated:

| — | Incandescent gas mantles, impregnated |
| --- | --- |

—

Incandescent gas mantles, impregnated

Manufacture from tubular knitted/crocheted gas mantle fabric

| — | Other |
| --- | --- |

—

Other

Manufacture from materials of any heading, except that of the product

5909 to 5911

Textile articles of a kind suitable for industrial use:

(5)

Spinning of natural and/or of man-made staple fibres combined with weaving

or

Extrusion of man-made fibres combined with weaving

or

Weaving combined with dyeing or with coating or with laminating

or

Coating, flocking, laminating or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product

Chapter 60

Knitted or crocheted fabrics

(5)

Spinning of natural and/or man-made staple fibres combined with knitting/crocheting

or

Extrusion of man-made filament yarn combined with knitting/crocheting

or

Knitting/crocheting combined with dyeing or with flocking or with coating or with laminating or with printing

or

Flocking combined with dyeing or with printing

or

Yarn dyeing combined with knitting/crocheting

or

Twisting or texturing combined with knitting/crocheting provided that the value of the non-twisted/non-textured yarns used does not exceed 50 % of the ex-works price of the product

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 |
| --- | --- |

—

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

(5)
   (6)

Knitting or crocheting combined with making-up including cutting of fabric

| — | Other |
| --- | --- |

—

Other

(5)

Spinning of natural and/or man-made staple fibres combined with knitting or crocheting

or

Extrusion of man-made filament yarn combined with knitting or crocheting

or

Knitting and making-up in one operation

ex Chapter 62

Articles of apparel and clothing accessories, not knitted or crocheted; except for:

(5)
   (6)

Weaving combined with making-up including cutting of fabric

or

Making-up including cutting of fabric preceded by printing (as standalone operation)

ex 6202 , ex 6204 , ex 6206 , ex 6209 and ex 6211

Women's, girls' and babies' clothing and clothing accessories for babies, embroidered

(6)

Weaving combined with making-up including cutting of fabric

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

ex 6210 and ex 6216

Fire-resistant equipment of fabric covered with foil of aluminised polyester

(5)
   (6)

Weaving combined with making-up including cutting of fabric

or

Coating or laminating provided that the value of the uncoated or unlaminated fabric used does not exceed 40 % of the ex-works price of the product, combined with making-up including cutting of fabric

ex 6212

Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, knitted or crocheted, obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form

(5)
   (6)

Knitting combined with making-up including cutting of fabric

or

Making-up including cutting of fabric preceded by printing (as standalone operation)

6213 and 6214

Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like:

| — | Embroidered |
| --- | --- |

—

Embroidered

(5)
   (6)

Weaving combined with making-up including cutting of fabric

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

or

Making-up including cutting of fabric

preceded by printing (as standalone operation)

| — | Other |
| --- | --- |

—

Other

(5)
   (6)

Weaving combined with making-up including cutting of fabric

or

Making-up preceded by printing (as standalone operation)

6217

Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212 :

| — | Embroidered |
| --- | --- |

—

Embroidered

(6)

Weaving combined with making-up including cutting of fabric

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

or

Making-up preceded by printing (as standalone operation)

| — | Fire-resistant equipment of fabric covered with foil of aluminised polyester |
| --- | --- |

—

Fire-resistant equipment of fabric covered with foil of aluminised polyester

(6)

Weaving combined with making-up including cutting of fabric

or

Coating or laminating provided that the value of the uncoated or unlaminated fabric used does not exceed 40 % of the ex-works price of the product combined with making-up including cutting of fabric

| — | Interlinings for collars and cuffs, cut out |
| --- | --- |

—

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 |
| --- | --- |

—

Other

(6)

Weaving combined with making-up including cutting of fabric

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 |
| --- | --- |

—

Of felt, of nonwovens

(5)

Non-woven fabric formation combined with making-up including cutting of fabric

| — | Other: |
| --- | --- |

—

Other:

| — | Embroidered |
| --- | --- |

—

Embroidered

(5)
   (6)

Weaving or knitting/crocheting combined with making-up including cutting of fabric

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 |
| --- | --- |

—

Other

(5)
   (6)

Weaving or knitting/crocheting combined with making-up including cutting of fabric

6305

Sacks and bags, of a kind used for the packing of goods

(5)

Extrusion of man-made fibres or spinning of natural and/or man-made staple fibres, combined with weaving or with knitting and making-up including cutting of fabric

6306

Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods:

| — | Of nonwovens |
| --- | --- |

—

Of nonwovens

(5)
   (6)

Non-woven fabric formation combined with making-up including cutting of fabric

| — | Other |
| --- | --- |

—

Other

(5)
   (6)

Weaving combined with making-up including cutting of fabric

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, no originating articles may be incorporated, provided that their total value does not exceed 15 % of the ex-works price of the set

ex Chapter 64

Footwear, gaiters and the like; parts of such articles; except for:

Manufacture from materials of any heading, except from assemblies of uppers affixed to inner soles or to other sole components of heading 6406

6406

Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable in-soles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof

Manufacture from materials of any heading, except that of the product

Chapter 65

Headgear and parts thereof

Manufacture from materials of any heading, except that of the product

Chapter 66

Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops, and parts thereof:

Manufacture from materials of any heading, except that of the product

or

Manufacture in which the value of all the materials used does not exceed 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

or

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

Chapter 68

Articles of stone, plaster, cement, asbestos, mica or similar materials

Manufacture from materials of any heading, except that of the product

or

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

Chapter 69

Ceramic products

Manufacture from materials of any heading, except that of the product

ex Chapter 70

Glass and glassware

Manufacture from materials of any heading, except that of the product

or

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

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

ex Chapter 71

Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin; except for:

Manufacture from materials of any heading, except that of the product

or

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex 7102 , ex 7103 and ex 7104

Worked precious or semi-precious stones (natural, synthetic or reconstructed)

Manufacture of materials of any subheading except that of the product

7106 , 7108 and 7110

Precious metals:

| — | Unwrought |
| --- | --- |

—

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

fusion and/or alloying of precious metals of heading 7106 , 7108 or 7110 with each other or with base metals or purification

| — | Semi-manufactured or in powder form |
| --- | --- |

—

Semi-manufactured or in powder form

Manufacture from unwrought precious metals

ex 7107 , ex 7109 and ex 7111

Metals clad with precious metals, semi-manufactured

Manufacture from metals clad with precious metals, unwrought

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 7212

Flat-rolled products of iron or non-alloy steel

Manufacture from semi-finished materials of heading 7207

7213 to 7216

Bars and sections 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

7218 91 and 7218 99

Semi-finished products

Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 or 7205

7219 to 7222

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

7224 90

Semi-finished products

Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 or 7205

7225 to 7228

Flat-rolled products, hot-rolled bars and rods, in irregularly wound coils; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel

Manufacture from ingots or other primary forms 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 7301

Sheet piling

Manufacture from materials of heading 7207

7302

Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole plates (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 or steel

Manufacture from materials of heading 7206 to 7212 and 7218 or 7224

ex 7307

Tube or pipe fittings of stainless steel (ISO No 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 7315

Skid chain

Manufacture in which the value of all the materials of heading 7315 used does not exceed 50 % of the ex-works price of the product

ex Chapter 74

Copper and articles thereof; except for:

Manufacture from materials of any heading, except that of the product

7403

Refined copper and copper alloys, unwrought

Manufacture from materials of any heading

7408

Copper wire

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

Chapter 75

Nickel and articles thereof

Manufacture from materials of any heading, except that of the product

ex Chapter 76

Aluminium and articles thereof; except for:

Manufacture:

| — | From materials of any heading, except that of the product, 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 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 78

Lead and articles thereof

Manufacture from materials of any heading, except that of the product

Chapter 79

Zinc and articles thereof

Manufacture from materials of any heading, except that of the product

Chapter 80

Tin and articles thereof

Manufacture from materials of any heading, except that of the product

Chapter 81

Other base metals; cermets; articles thereof

Manufacture from materials of any heading

ex Chapter 82

Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal; except for:

Manufacture from materials of any heading, except that of the product

or

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

8206

Tools of two or more of the headings 8202 to 8205 , put up in sets for retail sale

Manufacture from materials of any heading, except those of headings 8202 to 8205 . However, tools of headings 8202 to 8205 may be incorporated into the set, provided that their total value does not exceed 15 % of the ex-works price of the set

Chapter 83

Miscellaneous articles of base metal

Manufacture from materials of any heading, except that of the product

or

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

ex Chapter 84

Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof; except for:

Manufacture from materials of any heading, except that of the product

or

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

8407

Spark-ignition reciprocating or rotary internal combustion piston engines

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

8408

Compression-ignition internal combustion piston engines (diesel or semi-diesel engines

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

8425 to 8430

Pulley tackle and hoists other than skip hoists; winches and capstans; jacks:

Ships' derricks; cranes, including cable cranes; mobile lifting frames, straddle carriers and works trucks fitted with a crane

Fork-lift trucks; other works trucks fitted with lifting or handling equipment

Other lifting, handling, loading or unloading machinery (for example, lifts, escalators, conveyors, teleferics)

Self-propelled bulldozers, angledozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and roadrollers

Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; piledrivers and pile extractors; snowploughs and snowblowers

Manufacture from materials of any heading, except that of the product and heading 8431

or

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

8444 to 8447

Machines for extruding, drawing, texturing or cutting man-made textile materials:

Machines for preparing textile fibres; spinning, doubling or twisting machines and other machinery for producing textile yarns; textile reeling or winding (including weft-winding) machines and machines for preparing textile yarns for use on the machines of heading 8446 or 8447

Weaving machines (looms):

Knitting machines, stitch-bonding machines and machines for making gimped yarn, tulle, lace, embroidery, trimmings, braid or net and machines for tufting

Manufacture from materials of any heading, except that of the product and heading 8448

or

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

8456 to 8465

Machine tools for working any material by removal of material

Machining centres, unit construction machines (single station) and multi-station transfer machines, for working metal

Lathes for removing metal

Machine tools

Manufacture from materials of any heading, except that of the product and heading 8466

or

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

8470 to 8472

Calculating machines and pocket-size data-recording, reproducing and displaying machines with calculating functions; accounting machines, postage- franking machines, ticket-issuing machines and similar machines, incorporating a calculating device; cash registers

Automatic data-processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data

Other office machines

Manufacture from materials of any heading, except that of the product and heading 8473

or

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

ex Chapter 85

Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles; except for:

Manufacture from materials of any heading, except that of the product

or

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

8501 to 8502

Electric motors and generators

Electric generating sets and rotary converters

Manufacture from materials of any heading, except that of the product and heading 8503

or

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

8519 , 8521

Sound recording or sound reproducing apparatus

Video recording or reproducing apparatus, whether or not incorporating a video tuner

Manufacture from materials of any heading, except that of the product and heading 8522

or

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

8525 to 8528

Transmission apparatus for radio-broadcasting or television, television cameras, digital cameras and video camera recorders

Radar apparatus, radio navigational aid apparatus and radio remote control apparatus

Reception apparatus for radio-broadcasting

Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, or video recording or reproducing apparatus

Manufacture from materials of any heading, except that of the product and heading 8529

or

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

8535 to 8537

Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits; connectors for optical fibres, optical fibre bundles or cables; boards, panels, consoles, desks, cabinets and other bases, for electric control or the distribution of electricity:

Manufacture from materials of any heading, except that of the product and heading 8538

or

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

8542 31 to 8542 39

Monolithic integrated circuits

Diffusion in which integrated circuits are formed on a semi-conductor substrate by the selective introduction of an appropriate dopant assembled or not and/or tested in a non-party

or

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

8544 to 8548

Insulated wire, cable (and other insulated electric conductors, optical fibre cables

Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, of a kind used for electrical purposes

Electrical insulators of any material

Insulating fittings for electrical machines, appliances or equipment, electrical conduit tubing and joints therefor, of base metal lined with insulating material

Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified or included elsewhere in this Chapter

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

Chapter 86

Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds

Manufacture in which the value of all the materials used does not exceed 50 % 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 45 % of the ex-works price of the product

8708

Parts and accessories for vehicles of headings 8701 to 8705

Manufacture from materials of any heading, except that of the product

or

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

8711

Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars

Manufacture from materials of any heading, except that of the product

or

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

Chapter 88

Aircraft, spacecraft, and parts thereof

Manufacture from materials of any heading, except that of the product

or

Manufacture in which the value of all the materials used does not exceed 50 % 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

or

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

or

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

9001 50

Spectacle lenses of other materials than glass

Manufacture from materials of any heading, except that of the product

or

Manufacture in which one of the following operations is made:

| — | surfacing of the semi-finished lens into a finished ophthalmic lens with optical corrective power meant to be mounted on a pair of spectacles |
| --- | --- |

—

surfacing of the semi-finished lens into a finished ophthalmic lens with optical corrective power meant to be mounted on a pair of spectacles

| — | coating of the lens through appropriated treatments to improve vision and ensure protection of the wearer |
| --- | --- |

—

coating of the lens through appropriated treatments to improve vision and ensure protection of the wearer

or

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

Chapter 91

Clocks and watches and parts thereof

Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

Chapter 92

Musical instruments; parts and accessories of such articles

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

Chapter 93

Arms and ammunition; parts and accessories thereof

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

Chapter 94

Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings

Manufacture from materials of any heading, except that of the product

or

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

Chapter 95

Toys, games and sports requisites; parts and accessories thereof

Manufacture from materials of any heading, except that of the product

or

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

Chapter 96

Miscellaneous manufactured articles

Manufacture from materials of any heading, except that of the product

or

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

Chapter 97

Works of art, collectors' pieces and antiques

Manufacture from materials of any heading, except that of the product

ANNEX III

TEXT OF THE ORIGIN DECLARATION

The origin declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

Albanian version

Eksportuesi i produkteve të mbuluara nga ky dokument (autorizim doganor Nr. ... (8)) deklaron që përveç rasteve kur tregohet qartësisht ndryshe, këto produkte janë me origjine preferenciale ... (9) n në përputhje me Rregullat kalimtare të origjinës.

Arabic version

Image 1

Bosnian version

Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. ... (1)) izjavljuje da su, osim ako je to drugačije izričito navedeno, ovi proizvodi ... (2) preferencijalnog porijekla u skladu sa prijelaznim pravilima porijekla.

Bulgarian version

Износителят на продуктите, обхванати от този документ (митническо разрешение No... (1)), декларира, че освен където ясно е отбелязано друго, тези продукти са с ... (2) преференциален произход съгласно преходните правила за произход.

Croatian version

Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. ...(1)) izjavljuje da su, osim ako je drukčije izričito navedeno, ovi proizvodi ... (2) preferencijalnog podrijetla prema prijelaznim pravilima o podrijetlu.

Czech version

Vývozce výrobků uvedených v tomto dokumentu (číslo povolení ...(1)) prohlašuje, že podle přechodných pravidel původu mají tyto výrobky kromě zřetelně označených preferenční původ v ...(2).

Danish version

Eksportøren af varer, der er omfattet af nærværende dokument (toldmyndighedernes tilladelse nr. ...(1)) erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i ...(2) i henhold til overgangsreglerne for oprindelse.

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 ... (2) oorsprong zijn in overeenstemming met de overgangsregels van oorsprong.

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 according to the transitional rules of origin.

Estonian version

Käesoleva dokumendiga hõlmatud toodete eksportija (tolli kinnitus nr. ...(1)) deklareerib, et need tooted on päritolureeglite üleminekueeskirjade kohaselt ...(2) sooduspäritoluga, välja arvatud juhul, kui on selgelt näidatud teisiti.

Faeroese version

Útflytarin av vørunum, sum hetta skjal fevnir um (tollvaldsins loyvi nr. ... (1)) váttar, át um ikki nakað annað er tilskilað, eru hesar vørur upprunavørur ... (2) sambært skiftisreglunum um uppruna.

Finnish version

Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa n:o ...(1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja...(2) alkuperätuotteita siirtymäkauden alkuperäsääntöjen nojalla.

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) selon les règles d'origine transitoires.

German version

Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. ...(1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte ...(2) Ursprungswaren gemäß den Übergangsregeln für den Ursprung sind.

Georgian version

Image 2

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) σύμφωνα με τους μεταβατικούς κανόνες καταγωγής.

Hebrew version

Image 3

Hungarian version

A jelen okmányban szereplő termékek exportőre (vámfelhatalmazási szám: ...(1)) kijelentem, hogy eltérő egyértelmű jelzés hiányában a termékek az átmeneti származási szabályok szerint preferenciális ...(2) származásúak.

Icelandic version

Útflytjandi framleiðsluvara sem skjal þetta tekur til (leyfi tollyfirvalda nr. ... (1)), lýsir því yfir að vörurnar séu, ef annars er ekki greinilega getið, af ... (2) uppruna samkvæmt upprunareglum á umbreytingartímabili.

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) conformemente alle norme di origine transitorie.

Latvian version

To produktu eksportētājs, kuri ietverti šajā dokumentā (muitas atļauja Nr. .......(1)), deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir...(2) preferenciāla izcelsme saskaņā ar pārejas noteikumiem par izcelsmi.

Lithuanian version

Šiame dokumente nurodytų produktų eksportuotojas (muitinės leidimo Nr. ....(1)) deklaruoja, kad, jeigu aiškiai nenurodyta kitaip, šie produktai turi ...(2) lengvatinės kilmės statusą pagal pereinamojo laikotarpio kilmės taisykles.

Macedonian version

Извозникот на производите што ги покрива овоj документ (царинскo одобрение бр. ... (1)) изjавува дека, освен ако тоа не е jасно поинаку назначено, овие производи се со ...(2) преференциjaлно потекло, во согласност со преодните правила за потекло.

Maltese version

L-esportatur tal-prodotti koperti minn dan id-dokument (awtorizzazzjoni tad-dwana nru...(1)) jiddikjara li, ħlief fejn indikat mod ieħor b'mod ċar, dawn il-prodotti huma ta' oriġini preferenzjali ...(2) skont ir-regoli ta' oriġini tranżitorji.

Montenegrin version

Извозник производа обухваћених овом исправом (царинско овлашћење бр. ... (1)) изјављује да су, осим ако је другачије изричито наведено, ови производи ... 2) преференцијалног пориjекла, у складу са транзиционим правилима поријекла.

Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlašćenje br. ... (1)) izjavljuje da su, osim ako je drugačije izričito navedeno, ovi proizvodi ....(2) preferencijalnog porijekla u skladu sa tranzicionim pravilima porijekla.

Norwegian version

Eksportøren av produktene omfattet av dette dokument (tollmyndighetenes autorisasjonsnr ... (1)) erklærer at disse produktene, unntatt hvor annet er tydelig angitt, har ... preferanseopprinnelse i henhold til overgangsreglene for opprinnelse(2).

Polish version

Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr...(1)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają ...(2) preferencyjne pochodzenie zgodnie z przejściowymi regułami pochodzenia.

Portuguese version

O 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) de acordo com as regras de origem transitórias.

Romanian version

Exportatorul produselor care fac obiectul prezentului document (autorizația vamală nr. ...(1)) declară că, exceptând cazul în care se indică altfel în mod clar, aceste produse sunt de origine preferențială ....(2) în conformitate cu regulile de origine tranzitorii.

Serbian version

Извозник производа обухваћених овом исправом (царинско овлашћење бр. ...(1)) изјављује да су, осим ако је другачије изричито наведено, ови производи ... (2) преференцијалног порекла, у складу са прелазним правилима о пореклу.

Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlašćenje br... (1)) izjavljuje da su, osim ako je drugačije izričito nаvedeno, ovi proizvodi ... (2) preferencijalnog porekla, u skladu sa prelaznim pravilima o poreklu.

Slovak version

Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia ...(1)) vyhlasuje, že pokiaľ nie je zreteľne uvedené inak, tieto výrobky majú v súlade s prechodnými pravidlami pôvodu preferenčný pôvod v ....(2).

Slovenian version

Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št ....
  (

  1

  )
  ), izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno ... (2) poreklo v skladu s prehodnimi pravili o poreklu.

Spanish version

El exportador de los productos incluidos en el presente documento (autorización aduanera n.o...(1)) declara que, excepto donde se indique claramente lo contrario, estos productos son de origen preferencial...(2) con arreglo a las normas de origen transitorias.

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 ... (2) ursprung i enlighet med övergångsreglerna om ursprung.

Turkish version

Bu belge kapsamındaki ürünlerin ihracatçısı (gümrük yetki No: ... (1)), aksi açıkça belirtilmedikçe, bu ürünlerin geçiş menşe kurallarına göre ... (2) tercihli menşeli olduğunu beyan eder.

Ukrainian version

Експортер продукцiї, на яку поширюється цей документ (митний дозвiл No ...(1)) заявляє, що, за винятком випадкiв, де це явно зазначено, ця продукцiя має ... (2) преференцiйне походження згiдно з перехiдними правилами походження.

...

(Place and date) (10)

...

(Signature of the exporter, in addition the name of the person signing the declaration has to be indicated in clear script) (11)

ANNEX IV

SPECIMENS OF MOVEMENT CERTIFICATE EUR.1 AND APPLICATION FOR A MOVEMENT CERTIFICATE EUR.1

PRINTING INSTRUCTIONS

| 1. | Each form shall measure 210 x 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.

| 2. | The competent authorities of the Parties 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.

MOVEMENT CERTIFICATE

| 1. | Exporter (Name, full address, country) |
| --- | --- |

1.

Exporter (Name, full address, country)

EUR.1

No A

000.000

See notes overleaf before completing this form.

| 2. | Certificate used in preferential trade between
  ...

  and

  ...
  (Insert appropriate countries, groups of countries or territories) |
| --- | --- |

2.

...

and

...

(Insert appropriate countries, groups of countries or territories)

| 3. | Consignee (Name, full address, country) (Optional) |
| --- | --- |

3.

Consignee (Name, full address, country) (Optional)

| 4. | Country, group of countries or territory in which the products are considered as originating |
| --- | --- |

4.

| 5. | Country, group of countries or territory of destination |
| --- | --- |

5.

| 6. | Transport details (Optional) |
| --- | --- |

6.

Transport details (Optional)

| 7. | Remarks |
| --- | --- |

7.

| 8. | Item number; Marks and numbers; Number and kind of packages(1); Description of goods |
| --- | --- |

8.

| 9. | Gross mass (kg) or other measure (litres, m3, etc.) |
| --- | --- |

9.

| 10. | Invoices (Optional) |
| --- | --- |

10.

Invoices (Optional)

| 11. | CUSTOMS ENDORSEMENT

  Declaration certified

  Export document
  (2)


  Form ... No ...
  Of ...
  Customs office ...
  Issuing country or territory ...
  ...
  ...
  Place and date ...
  ...
  ...
  (Signature) |
| --- | --- |

11.

Declaration certified

Export document
  (2)

Form ... No ...

Of ...

Customs office ...

Issuing country or territory ...

...

...

Place and date ...

...

...

(Signature)

Stamp

| 12. | DECLARATION BY THE EXPORTER
  I, the undersigned, declare that the goods described above meet the conditions required for the issue of this certificate.
  Place and date
  ...
  ...
  (Signature) |
| --- | --- |

12.

I, the undersigned, declare that the goods described above meet the conditions required for the issue of this certificate.

Place and date

...

...

(Signature)

| (1) | If goods are not packed, indicate number of articles or state 'in bulk', as appropriate. |
| --- | --- |

(1)

If goods are not packed, indicate number of articles or state 'in bulk', as appropriate.

| (2) | Complete only where the regulations of the exporting country or territory require. |
| --- | --- |

(2)

Complete only where the regulations of the exporting country or territory require.

| 13. | REQUEST FOR VERIFICATION, to |
| --- | --- |

13.

| 14. | RESULT OF VERIFICATION |
| --- | --- |

14.

Verification carried out shows that this certificate
  (1)

| ☐ | was issued by the customs office indicated and that the information contained therein is accurate. |
| --- | --- |

☐

was issued by the customs office indicated and that the information contained therein is accurate.

| ☐ | does not meet the requirements as to authenticity and accuracy (see remarks appended). |
| --- | --- |

☐

does not meet the requirements as to authenticity and accuracy (see remarks appended).

Verification of the authenticity and accuracy of this certificate is requested.

...

(Place and date)

Stamp

...

(Signature)

...

(Place and date)

Stamp

...

(Signature)

| (1) | Insert X in the appropriate box. |
| --- | --- |

(1)

Insert X in the appropriate box.

NOTES

| 1. | Certificate must not contain erasures or words written over one another. Any alterations must be made by deleting the incorrect particulars and adding any necessary corrections. Any such alteration must be initialled by the person who completed the certificate and endorsed by the Customs authorities of the issuing country or territory. |
| --- | --- |

1.

Certificate must not contain erasures or words written over one another. Any alterations must be made by deleting the incorrect particulars and adding any necessary corrections. Any such alteration must be initialled by the person who completed the certificate and endorsed by the Customs authorities of the issuing country or territory.

| 2. | No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner as to make any later additions impossible. |
| --- | --- |

2.

No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner as to make any later additions impossible.

| 3. | Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified. |
| --- | --- |

3.

Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified.

APPLICATION FOR A MOVEMENT CERTIFICATE

| 1. | Exporter (Name, full address, country) |
| --- | --- |

1.

Exporter (Name, full address, country)

EUR.1

No A

000.000

See notes overleaf before completing this form.

| 2. | Application for a certificate to be used in preferential trade between
  ...

  and

  ...
  (Insert appropriate countries or groups of countries or territories) |
| --- | --- |

2.

...

and

...

(Insert appropriate countries or groups of countries or territories)

| 3. | Consignee (Name, full address, country) (Optional) |
| --- | --- |

3.

Consignee (Name, full address, country) (Optional)

| 4. | Country, group of countries or territory in which the products are considered as originating |
| --- | --- |

4.

| 5. | Country, group of countries or territory of destination |
| --- | --- |

5.

| 6. | Transport details (Optional) |
| --- | --- |

6.

Transport details (Optional)

| 7. | Remarks |
| --- | --- |

7.

| 8. | Item number; Marks and numbers; Number and kind of packages
   (12)
  ; Description of goods |
| --- | --- |

8.

| 9. | Gross mass (kg) or other measure (litres, m3, etc.) |
| --- | --- |

9.

| 10. | Invoices (Optional) |
| --- | --- |

10.

Invoices (Optional)

DECLARATION BY THE EXPORTER

I, the undersigned, exporter of the goods described overleaf,

DECLARE that the goods meet the conditions required for the issue of the attached certificate;

SPECIFY as follows the circumstances which have enable these goods to meet the above conditions:

...

...

...

...

SUBMIT the following supporting documents (13):

...

...

...

...

UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which those authorities may require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspection of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said authorities;

REQUEST the issue of the attached certificate for those goods.

...

(Place and date)

...

(Signature)

ANNEX V

SPECIAL CONDITIONS CONCERNING PRODUCTS ORIGINATING IN CEUTA AND MELILLA

Sole Article

1.   Providing they comply with the non-alteration rule of Article 14 of this Appendix, 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 products wholly obtained in Ceuta and Melilla are used, provided that:






  (i) | the said products have undergone sufficient working or processing within the meaning of Article 4 of this Appendix; or |
| --- | --- | --- |

(b)

products obtained in Ceuta and Melilla in the manufacture of which products other than products wholly obtained in Ceuta and Melilla are used, provided that:

(i)

the said products have undergone sufficient working or processing within the meaning of Article 4 of this Appendix; or

| (ii) | those products originate in the West Bank and the Gaza Strip or in the European Union, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 6 of this Appendix; |
| --- | --- |

(ii)

those products originate in the West Bank and the Gaza Strip or in the European Union, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 6 of this Appendix;

| (2) | products originating in the West Bank and the Gaza Strip:






  (a) | products wholly obtained in the West Bank and the Gaza Strip; |
| --- | --- | --- |

(2)

products originating in the West Bank and the Gaza Strip:

(a)

products wholly obtained in the West Bank and the Gaza Strip;

| (b) | products obtained in the West Bank and the Gaza Strip, in the manufacture of which products other than products wholly obtained in the West Bank and the Gaza Strip are used, provided that:






  (i) | those products have undergone sufficient working or processing within the meaning of Article 4 of this Appendix; or |
| --- | --- | --- |

(b)

products obtained in the West Bank and the Gaza Strip, in the manufacture of which products other than products wholly obtained in the West Bank and the Gaza Strip are used, provided that:

(i)

those products have undergone sufficient working or processing within the meaning of Article 4 of this Appendix; or

| (ii) | those products originate in Ceuta and Melilla or in the European Union, and they have been submitted to working or processing which goes beyond the operations referred to in Article 6 of this Appendix. |
| --- | --- |

(ii)

those products originate in Ceuta and Melilla or in the European Union, and they have been submitted to working or processing which goes beyond the operations referred to in Article 6 of this Appendix.

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

3.   The exporter or his authorised representative shall enter the name of the exporting Party and 'Ceuta and Melilla' in Box 2 of movement certificates EUR.1 or on origin declarations. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in Box 4 of movement certificates EUR.1 or on origin declarations.

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

ANNEX VI

SUPPLIER'S DECLARATION

The supplier's declaration, the text of which is provided below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

SUPPLIER'S DECLARATION

for goods which have undergone working or processing in applying Contracting Parties without having obtained preferential origin status

I, the undersigned, supplier of the goods covered by the annexed document, declare that:

| 1. | The following materials which do not originate in [indicate the name of the relevant applying Contracting Party(ies)] have been used in [indicate the name of the relevant applying Contracting Party(ies)] to produce these goods:








  Description of the goods supplied (14) | Description of non-originating materials used | Heading of non-originating materials used (15) | Value of non-originating materials used(2)
   (16) |
| --- | --- | --- | --- | --- |
| | | | |
| | | | |
| | | | |
| Total value | |

1.

The following materials which do not originate in [indicate the name of the relevant applying Contracting Party(ies)] have been used in [indicate the name of the relevant applying Contracting Party(ies)] to produce these goods:

Description of the goods supplied (14)

Description of non-originating materials used

Heading of non-originating materials used (15)

Value of non-originating materials used(2)
   (16)

Total value

| 2. | All the other materials used in [indicate the name of the relevant applying Contracting Party(ies)] to produce those goods originate in [indicate the name of the relevant applying Contracting Party(ies)]; |
| --- | --- |

2.

All the other materials used in [indicate the name of the relevant applying Contracting Party(ies)] to produce those goods originate in [indicate the name of the relevant applying Contracting Party(ies)];

| 3. | The following goods have undergone working or processing outside [indicate the name of the relevant applying Contracting Party(ies)] in accordance with Article 13 of this Appendix and have acquired the following total added value there:






  Description of the goods supplied | Total added value acquired outside [indicate the name of the relevant applying Contracting Party(ies)] (17) |
| --- | --- | --- |
| | |
| | |
| | |
| | (Place and date) |
| | |
| | |
| | |
| | (Address and signature of the supplier; in addition the name of the person signing the declaration has to be indicated in clear script) |

3.

The following goods have undergone working or processing outside [indicate the name of the relevant applying Contracting Party(ies)] in accordance with Article 13 of this Appendix and have acquired the following total added value there:

Description of the goods supplied

Total added value acquired outside [indicate the name of the relevant applying Contracting Party(ies)] (17)

(Place and date)

(Address and signature of the supplier; in addition the name of the person signing the declaration has to be indicated in clear script)

ANNEX VII

LONG-TERM SUPPLIER'S DECLARATION

The long-term supplier's 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.

LONG-TERM SUPPLIER'S DECLARATION

for goods which have undergone working or processing in an applying Contracting Party without having obtained preferential origin status

I, the undersigned, supplier of the goods covered by the annexed document, which are regularly supplied to (18) ..., declare that:

| 1. | The following materials which do not originate in [indicate the name of the relevant applying Contracting Party(ies)] have been used in [indicate the name of the relevant applying Contracting Party(ies)] to produce these goods:








  Description of the goods supplied (19) | Description of non-originating materials used | Heading of non-originating materials used (20) | Value of non-originating materials used(3)
   (21) |
| --- | --- | --- | --- | --- |
| | | | |
| | | | |
| | | | |
| Total value | |

1.

The following materials which do not originate in [indicate the name of the relevant applying Contracting Party(ies)] have been used in [indicate the name of the relevant applying Contracting Party(ies)] to produce these goods:

Description of the goods supplied (19)

Description of non-originating materials used

Heading of non-originating materials used (20)

Value of non-originating materials used(3)
   (21)

Total value

| 2. | All the other materials used in [indicate the name of the relevant applying Contracting Party(ies)] to produce those goods originate in [indicate the name of the relevant applying Contracting Party(ies)]; |
| --- | --- |

2.

All the other materials used in [indicate the name of the relevant applying Contracting Party(ies)] to produce those goods originate in [indicate the name of the relevant applying Contracting Party(ies)];

| 3. | The following goods have undergone working or processing outside [indicate the name of the relevant applying Contracting Party(ies)] in accordance with Article 13 of this Appendix and have acquired the following total added value there:






  Description of the goods supplied | Total added value acquired outside [indicate the name of the relevant applying Contracting Party(ies)] (22) |
| --- | --- | --- |
| | |
| | |
| | |

3.

The following goods have undergone working or processing outside [indicate the name of the relevant applying Contracting Party(ies)] in accordance with Article 13 of this Appendix and have acquired the following total added value there:

Description of the goods supplied

Total added value acquired outside [indicate the name of the relevant applying Contracting Party(ies)] (22)

This declaration is valid for all subsequent consignments of those goods dispatched from...

to... (23)

I undertake to inform ...(1) immediately if this declaration is no longer valid.

| |
| --- |
| (Place and date) |
| |
| |
| |
| (Address and signature of the supplier; in addition the name of the person signing the declaration has to be indicated in clear script) |

(Place and date)

(Address and signature of the supplier; in addition the name of the person signing the declaration has to be indicated in clear script)

---

(1)  OJ L 54, 26.2.2013, p. 4.

1

(2)  The parties agree to waive the obligation to include in the proof of origin the statement referred to in Article 8(3).

2

(3)  OJ L 302, 15.11.1985, p. 23.

3

(4)  For the special conditions relating to 'specific process(es)', see Introductory Notes 8.1 to 8.3.

4

(5)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

5

(6)  See Introductory Note 7.

6

(7)  See Introductory Note 9.

7

(8)  When the origin declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the origin declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.

8

(9)  Origin of products to be indicated. When the origin declaration relates in whole or in part, to products originating in Ceuta and Melilla, the exporter must clearly indicate them in the document on which the declaration is made out, by means of the symbol 'CM'.

9

(10)  These indications may be omitted if the information is contained on the document itself.

10

(11)  In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.

11

(12)  If goods are not packed, indicate number of articles or state 'in bulk', as appropriate.

12

(13)  For example: import documents, movement certificates, invoices, manufacturer's declarations, etc., referring to the products used in manufacture or to the goods re-exported in the same state.

13

(14)  When the invoice, delivery note or other commercial document to which the declaration is annexed relates to different kinds of goods, or to goods which do not incorporate non-originating materials to the same extent, the supplier must clearly differentiate them.

14

Example:

The document relates to different models of electric motor of heading 8501 to be used in the manufacture of washing machines of heading 8450. The nature and value of the non-originating materials used in the manufacture of those motors differ from one model to another. The models must therefore be differentiated in the first column and the indications in the other columns must be provided separately for each of the models to make it possible for the manufacturer of washing machines to make a correct assessment of the originating status of his products depending on which model of electrical motor he uses.

(15)  The indications requested in those columns should only be given if they are necessary.

15

Examples:

The rule for garments of ex Chapter 62 says Weaving combined with making-up including cutting of fabric may be used. If a manufacturer of such garments in an applying Contracting Party uses fabric imported from the European Union which has been obtained there by weaving non-originating yarn, it is sufficient for the European Union supplier to describe in his declaration the non-originating material used as yarn, without it being necessary to indicate the heading and value of such yarn.

A producer of iron of heading 7217 who has produced it from non-originating iron bars should indicate in the second column 'bars of iron'. Where this wire is to be used in the production of a machine, for which the rule contains a limitation for all non-originating materials used to a certain percentage value, it is necessary to indicate in the third column the value of non-originating bars.

(16)  '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 [indicate the name of the relevant applying Contracting Party(ies)].

16

The exact value for each non-originating material used must be given per unit of the goods specified in the first column.

(17)  'Total added value' shall mean all costs accumulated outside [indicate the name of the relevant applying Contracting Party(ies)], including the value of all materials added there. The exact total added value acquired outside [indicate the name of the relevant applying Contracting Party(ies)] must be given per unit of the goods specified in the first column.

17

(18)  Name and address of the customer.

18

(19)  When the invoice, delivery note or other commercial document to which the declaration is annexed relates to different kinds of goods, or to goods which do not incorporate non-originating materials to the same extent, the supplier must clearly differentiate them.

19

Example:

The document relates to different models of electric motor of heading 8501 to be used in the manufacture of washing machines of heading 8450. The nature and value of the non-originating materials used in the manufacture of those motors differ from one model to another. The models must therefore be differentiated in the first column and the indications in the other columns must be provided separately for each of the models to make it possible for the manufacturer of washing machines to make a correct assessment of the originating status of his products depending on which model of electrical motor he uses.

(20)  The indications requested in these columns should only be given if they are necessary.

20

Examples:

The rule for garments of ex Chapter 62 says Weaving combined with making-up including cutting of fabric may be used. If a manufacturer of such garments in an applying Contracting Party uses fabric imported from the European Union which has been obtained there by weaving non-originating yarn, it is sufficient for the European Union supplier to describe in his declaration the non-originating material used as yarn, without it being necessary to indicate the heading and value of such yarn.

A producer of iron of heading 7217 who has produced it from non-originating iron bars should indicate in the second column 'bars of iron'. Where this wire is to be used in the production of a machine, for which the rule contains a limitation for all non-originating materials used to a certain percentage value, it is necessary to indicate in the third column the value of non-originating bars.

(21)  '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 [indicate the name of the relevant applying Contracting Party(ies)].

21

The exact value for each non-originating material used must be given per unit of the goods specified in the first column.

(22)  'Total added value' shall mean all costs accumulated outside [indicate the name of the relevant applying Contracting Party(ies)], including the value of all materials added there. The exact total added value acquired outside [indicate the name of the relevant applying Contracting Party(ies)] must be given per unit of the goods specified in the first column.

22

(23)  Insert dates. The period of validity of the long-term supplier's declaration should not normally exceed 24 months, subject to the conditions laid down by the customs authorities of the applying Contracting Party where the long-term supplier's declaration is made out.

23

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| 16.9.2021 | EN | Official Journal of the European Union | L 328/107 |
| --- | --- | --- | --- |

16.9.2021

EN

Official Journal of the European Union

L 328/107

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DECISION 2/2021 OF THE EU-COLOMBIA-PERU-ECUADOR TRADE COMMITTEE

of 17 August 2021

amending Decisions No 1/2014, No 2/2014, No 3/2014, No 4/2014 and No 5/2014 to take account of the accession of Ecuador to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the other part, and to update the lists of arbitrators and of experts in Trade and Sustainable Development [2021/1488]

THE TRADE COMMITTEE,

Having regard to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the other part (hereinafter ‘the Trade Agreement’), and in particular Article 13 thereof,

Whereas:

| (1) | In accordance with point (g)(vi) of Article 13(2) of the Trade Agreement, the Trade Committee may advance in the achievement of the objectives of the Trade Agreement by means of modifications, provided for therein, of other provisions subject to modifications by the Trade Committee pursuant to an explicit provision of the Trade Agreement. Pursuant to Article 13(5) of the Trade Agreement, in the exercise of any of the functions set out in that Article, the Trade Committee may adopt any decision as envisaged in the Trade Agreement. |
| --- | --- |

(1)

In accordance with point (g)(vi) of Article 13(2) of the Trade Agreement, the Trade Committee may advance in the achievement of the objectives of the Trade Agreement by means of modifications, provided for therein, of other provisions subject to modifications by the Trade Committee pursuant to an explicit provision of the Trade Agreement. Pursuant to Article 13(5) of the Trade Agreement, in the exercise of any of the functions set out in that Article, the Trade Committee may adopt any decision as envisaged in the Trade Agreement.

| (2) | Decision No 1/2014 provides for the adoption of the Rules of Procedure of the Trade Committee pursuant to point (j) of Article 13(1) of the Trade Agreement. |
| --- | --- |

(2)

Decision No 1/2014 provides for the adoption of the Rules of Procedure of the Trade Committee pursuant to point (j) of Article 13(1) of the Trade Agreement.

| (3) | Decision No 2/2014 provides for the adoption of the Rules of Procedure and Code of Conduct for arbitrators pursuant to point (h) of Article 13(1) and Article 315 of the Trade Agreement. |
| --- | --- |

(3)

Decision No 2/2014 provides for the adoption of the Rules of Procedure and Code of Conduct for arbitrators pursuant to point (h) of Article 13(1) and Article 315 of the Trade Agreement.

| (4) | Decision No 3/2014 provides for the establishment of the lists of arbitrators pursuant to Article 304(1) and (4) of the Trade Agreement. |
| --- | --- |

(4)

Decision No 3/2014 provides for the establishment of the lists of arbitrators pursuant to Article 304(1) and (4) of the Trade Agreement.

| (5) | Decision No 4/2014 provides for the adoption of the Rules of Procedure for the Group of Experts in Trade and Sustainable Development pursuant to Article 284(6) of the Trade Agreement. |
| --- | --- |

(5)

Decision No 4/2014 provides for the adoption of the Rules of Procedure for the Group of Experts in Trade and Sustainable Development pursuant to Article 284(6) of the Trade Agreement.

| (6) | Decision No 5/2014 provides for the establishment of a Group of Experts on issues covered by the Title on Trade and Sustainable Development pursuant to Article 284(3) of the Trade Agreement. |
| --- | --- |

(6)

Decision No 5/2014 provides for the establishment of a Group of Experts on issues covered by the Title on Trade and Sustainable Development pursuant to Article 284(3) of the Trade Agreement.

| (7) | In order to take account of the accession of Ecuador to the Trade Agreement and of the need to update the lists of arbitrators and of experts in Trade and Sustainable Development, Decisions No 1/2014, No 2/2014, No 3/2014, No 4/2014 and No 5/2014 of the Trade Committee should be amended accordingly, |
| --- | --- |

(7)

In order to take account of the accession of Ecuador to the Trade Agreement and of the need to update the lists of arbitrators and of experts in Trade and Sustainable Development, Decisions No 1/2014, No 2/2014, No 3/2014, No 4/2014 and No 5/2014 of the Trade Committee should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision No 1/2014 of the EU-Colombia-Peru Trade Committee of 16 May 2014 on the adoption of the Rules of Procedure referred to in point (j) of Article 13(1) of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, is amended as follows:

| (1) | Article 1 is amended as follows:






  (a) | paragraph 1 is replaced by the following:

  ‘1.   The Trade Committee that is established in accordance with Article 12 of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the other part (“the Agreement”), shall perform its duties as provided for in Article 12 of the Agreement and take responsibility for the operation and correct application of the Agreement.’; |
| --- | --- | --- |

(1)

Article 1 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   The Trade Committee that is established in accordance with Article 12 of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the other part (“the Agreement”), shall perform its duties as provided for in Article 12 of the Agreement and take responsibility for the operation and correct application of the Agreement.’;

| (b) | paragraph 3 is replaced by the following:

  ‘3.   The Trade Committee shall be chaired on a rotational basis for a period of one year by the Minister for Trade, Industry and Tourism of Colombia, the Minister for Foreign Trade and Tourism of Peru, the Minister of Production, Foreign Trade, Investment and Fisheries of Ecuador, or the Member of the European Commission responsible for Trade. The first period shall begin on the date of the first Trade Committee meeting and end on 31 December of the same year. The Chairperson may arrange to be represented by respective designees as provided for in Article 12(2) of the Agreement.’; |
| --- | --- |

(b)

paragraph 3 is replaced by the following:

‘3.   The Trade Committee shall be chaired on a rotational basis for a period of one year by the Minister for Trade, Industry and Tourism of Colombia, the Minister for Foreign Trade and Tourism of Peru, the Minister of Production, Foreign Trade, Investment and Fisheries of Ecuador, or the Member of the European Commission responsible for Trade. The first period shall begin on the date of the first Trade Committee meeting and end on 31 December of the same year. The Chairperson may arrange to be represented by respective designees as provided for in Article 12(2) of the Agreement.’;

| (2) | in Article 3, paragraph 1 is replaced by the following:

  ‘1.   The Trade Committee shall meet once a year or at the request of either Party, as provided for in Article 12(2) of the Agreement. The meetings shall be held on a rotational basis, in Bogota, Brussels, Lima and Quito, unless the Parties agree otherwise.’. |
| --- | --- |

(2)

in Article 3, paragraph 1 is replaced by the following:

‘1.   The Trade Committee shall meet once a year or at the request of either Party, as provided for in Article 12(2) of the Agreement. The meetings shall be held on a rotational basis, in Bogota, Brussels, Lima and Quito, unless the Parties agree otherwise.’.

Article 2

The Annex to Decision No 2/2014 of the EU-Colombia-Peru Trade Committee of 16 May 2014 on the adoption of the Rules of Procedure and Code of Conduct for arbitrators, referred to in point (h) of Article 13(1) and Article 315 of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, is amended as follows:

| (1) | in Rule 1, point (a) is replaced by the following:






  ‘(a) | “the Agreement” means the Trade Agreement between Colombia and Peru, of the one part, and the European Union and its Member States, of the other part, signed in Brussels on 26 June 2012, as amended by the Protocol of Accession of Ecuador to the Agreement, signed on 11 November 2016;’; |
| --- | --- | --- |

(1)

in Rule 1, point (a) is replaced by the following:

‘(a)

“the Agreement” means the Trade Agreement between Colombia and Peru, of the one part, and the European Union and its Member States, of the other part, signed in Brussels on 26 June 2012, as amended by the Protocol of Accession of Ecuador to the Agreement, signed on 11 November 2016;’;

| (2) | Rule 7 is replaced by the following:






  ‘7. | If the last day for delivery of a document falls on a legal holiday of Colombia, Peru, Ecuador or of the EU, the document may be delivered on the next business day.’; |
| --- | --- | --- |

(2)

Rule 7 is replaced by the following:

‘7.

If the last day for delivery of a document falls on a legal holiday of Colombia, Peru, Ecuador or of the EU, the document may be delivered on the next business day.’;

| (3) | Rule 33 is replaced by the following:






  ‘33. | Unless the disputing parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is Colombia, Peru or Ecuador and in Bogota, Lima or Quito, as the case may be, if the complaining Party is the EU.’. |
| --- | --- | --- |

(3)

Rule 33 is replaced by the following:

‘33.

Unless the disputing parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is Colombia, Peru or Ecuador and in Bogota, Lima or Quito, as the case may be, if the complaining Party is the EU.’.

Article 3

The Annex to Decision No 3/2014 of the EU-Colombia-Peru Trade Committee of 16 May 2014, establishment of the lists of arbitrators, referred to in Article 304(1) and (4) of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, is amended as follows:

| (1) | the ‘List of arbitrators referred to in Article 304(1) of the Agreement’ is amended as follows:






  (a) | in the list of ‘Arbitrators proposed by Colombia’, points 2 and 3 are replaced by the following:






  ‘2. | Javier Gamboa |
| --- | --- | --- | --- |

(1)

the ‘List of arbitrators referred to in Article 304(1) of the Agreement’ is amended as follows:

(a)

in the list of ‘Arbitrators proposed by Colombia’, points 2 and 3 are replaced by the following:

‘2.

Javier Gamboa

| 3. | Claudia Orozco’; |
| --- | --- |

3.

Claudia Orozco’;

| (b) | the following list is inserted between the list of ‘Arbitrators proposed by Colombia’ and the list of ‘Arbitrators proposed by the EU’:
  ‘Arbitrators proposed by Ecuador






  1. | Hugo Perezcano Díaz |
| --- | --- | --- |

(b)

the following list is inserted between the list of ‘Arbitrators proposed by Colombia’ and the list of ‘Arbitrators proposed by the EU’:

‘Arbitrators proposed by Ecuador

1.

Hugo Perezcano Díaz

| 2. | Alejandro Sánchez |
| --- | --- |

2.

Alejandro Sánchez

| 3. | Carlos Vejar |
| --- | --- |

3.

Carlos Vejar

| 4. | Alan Yanovich |
| --- | --- |

4.

Alan Yanovich

| 5. | Andrés Jana’; |
| --- | --- |

5.

Andrés Jana’;

| (c) | in the list of ‘Arbitrators proposed by Peru’, points 4 and 5 are replaced by the following:






  ‘4. | Victor Saco |
| --- | --- | --- |

(c)

in the list of ‘Arbitrators proposed by Peru’, points 4 and 5 are replaced by the following:

‘4.

Victor Saco

| 5. | Javier Hernando Illescas Mucha’; |
| --- | --- |

5.

Javier Hernando Illescas Mucha’;

| (d) | in the list of ‘Chairpersons’, point 2 is replaced by the following:






  ‘2. | Pedro Negueloaetcheverry (Ecuador)’; |
| --- | --- | --- |

(d)

in the list of ‘Chairpersons’, point 2 is replaced by the following:

‘2.

Pedro Negueloaetcheverry (Ecuador)’;

| (2) | the ‘Additional list of arbitrators with sectorial experience on specific subjects covered by the Agreement referred to in Article 304(4) of the Agreement' is amended as follows:






  (a) | under the heading ‘Trade in Goods experts’, the following list is inserted between the list of ‘Arbitrators proposed by Colombia’ and the list of ‘Arbitrators proposed by the EU’:
  ‘Arbitrators proposed by Ecuador






  1. | Pablo Bentes |
| --- | --- | --- | --- |

(2)

the ‘Additional list of arbitrators with sectorial experience on specific subjects covered by the Agreement referred to in Article 304(4) of the Agreement' is amended as follows:

(a)

under the heading ‘Trade in Goods experts’, the following list is inserted between the list of ‘Arbitrators proposed by Colombia’ and the list of ‘Arbitrators proposed by the EU’:

‘Arbitrators proposed by Ecuador

1.

Pablo Bentes

| 2. | Jan Bohanes |
| --- | --- |

2.

Jan Bohanes

| 3. | Sofía Bonilla’; |
| --- | --- |

3.

Sofía Bonilla’;

| (b) | under the heading ‘Experts in areas of Trade in Services, Establishments, Competition, Intellectual Property Rights or Government Procurement’, the following list is inserted between the list of ‘Arbitrators proposed by Colombia’ and the list of ‘Arbitrators proposed by the EU’:
  ‘Arbitrators proposed by Ecuador






  1. | Gustavo Guerra |
| --- | --- | --- |

(b)

under the heading ‘Experts in areas of Trade in Services, Establishments, Competition, Intellectual Property Rights or Government Procurement’, the following list is inserted between the list of ‘Arbitrators proposed by Colombia’ and the list of ‘Arbitrators proposed by the EU’:

‘Arbitrators proposed by Ecuador

1.

Gustavo Guerra

| 2. | Alfredo Corral |
| --- | --- |

2.

Alfredo Corral

| 3. | Genaro Eguiguren’; |
| --- | --- |

3.

Genaro Eguiguren’;

| (c) | under the heading ‘Experts in areas of Trade in Services, Establishments, Competition, Intellectual Property Rights or Government Procurement’, in the List of Chairpersons, point 2 is replaced by the following:






  ‘2. | Tania Voon’. |
| --- | --- | --- |

(c)

under the heading ‘Experts in areas of Trade in Services, Establishments, Competition, Intellectual Property Rights or Government Procurement’, in the List of Chairpersons, point 2 is replaced by the following:

‘2.

Tania Voon’.

Article 4

Point (a) of Rule 1 of the Annex to Decision No 4/2014 of the EU-Colombia-Peru Trade Committee of 16 May 2014 on the adoption of the Rules of Procedure for the Group of Experts in Trade and Sustainable Development referred to in Article 284(6) of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, is replaced by the following:

| ‘(a) | “the Agreement” means the Trade Agreement between Colombia and Peru, of the one part, and the European Union and its Member States, of the other part, signed on 26 June 2012, as amended by the Protocol of Accession of Ecuador to the Agreement, signed on 11 November 2016.’. |
| --- | --- |

‘(a)

“the Agreement” means the Trade Agreement between Colombia and Peru, of the one part, and the European Union and its Member States, of the other part, signed on 26 June 2012, as amended by the Protocol of Accession of Ecuador to the Agreement, signed on 11 November 2016.’.

Article 5

The Annex to Decision No 5/2014 of the EU-Colombia-Peru Trade Committee of 16 May 2014, establishing a Group of Experts on issues covered by the Title on Trade and Sustainable Development, referred to in Article 284(3) of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, is amended as follows:

| (1) | in the ‘List of experts’, the following points are added:






  ‘13. | María Amparo Albán |
| --- | --- | --- |

(1)

in the ‘List of experts’, the following points are added:

‘13.

María Amparo Albán

| 14. | Alice Tipping |
| --- | --- |

14.

Alice Tipping

| 15. | Leopoldo González |
| --- | --- |

15.

Leopoldo González

| 16. | Fabián Jaramillo’; |
| --- | --- |

16.

Fabián Jaramillo’;

| (2) | in the list of ‘Chairpersons’, the following points are added:






  ‘7. | Jacob Olander |
| --- | --- | --- |

(2)

in the list of ‘Chairpersons’, the following points are added:

‘7.

Jacob Olander

| 8. | Martín Padulla’. |
| --- | --- |

8.

Martín Padulla’.

Article 6

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

This Decision shall be drawn up in the official languages of the Parties to the Agreement, each of these texts being equally authentic.

Done at Lima, 17 August 2021.

For the Trade Committee

Diego Sebastián LLOSA VELÁSQUEZ

Chairperson of the Trade Committee

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