01997A0222(01) — EN — 01.09.2021 — 004.001

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Amended by:





Corrected by:









▼B

AGREEMENT

between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part







THE EUROPEAN COMMUNITY, of the one part, and THE GOVERNMENT OF DENMARK AND THE HOME GOVERNMENT OF THE FAROE ISLANDS, of the other part, RECALLING the status of the Faeroes as a self-governing integral part of one of the Member States of the Community; RECALLING the resolution of the Council of 4 February 1974 on the problems of the Faeroes; CONSIDERING the vital importance for the Faeroes of fisheries, which constitute their essential economic activity, fish and fishery products being their main export articles; CONSIDERING the importance of the fisheries relationship laid down in the Agreement on fisheries between the Contracting Parties, who confirm that the trade aspects of this Agreement should not affect the functioning of the Fisheries Agreement and that, consequently, the volume of the mutual fisheries possibilities under that Agreement should continue to be maintained at a satisfactory level; DESIRING to consolidate and to extend the economic relations existing between the Community and the Faeroes and to ensure, with due regard for fair conditions of competition, the harmonious development of their commerce for the purpose of contributing to the work of constructing Europe; RESOLVED progressively to eliminate the obstacles to substantially all their trade, in accordance with the provisions of the General Agreement on Tariffs and Trade (GATT) 1994 concerning the establishment of free trade areas; DECLARING their readiness to examine, in the light of any relevant factor, and in particular of developments in the Community, the possibility of developing and deepening their relations where it would appear to be useful in the interests of their economies to extend them to fields not covered by this Agreement; CONSIDERING that, to this end, an Agreement between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (hereafter referred to as the ‘initial Agreement’) was signed on 2 December 1991; CONSIDERING that an Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part, amending Tables I and II of the Annex to Protocol 1 of the initial Agreement (hereafter referred to as the ‘Agreement in the form of an Exchange of Letters’) was signed on 8 March 1995; CONSIDERING that, pursuant to the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union on 1 January 1995, the arrangements applicable to trade in fish and fishery products between the Faeroes and the Community should be adjusted in order to maintain trade flows between the Faeroes, on the one hand, and the new Member States, on the other; CONSIDERING that, as a result of the adoption by the Community of a common definition of origin for petroleum products, it is necessary to make adjustments to the provisions affecting these products; CONSIDERING that, in order to take account of certain developments in trade between the Community and the Member States of EFTA, it is necessary to make adjustments to the provisions concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation; CONSIDERING that, in order to take account of the specific production of fish feed on the Faeroes, it is necessary to make adjustments to the provisions applicable to imports of certain agricultural products; CONSIDERING that, in order to help ensure its correct functioning, a Protocol on mutual administrative assistance in customs matters should be incorporated into this Agreement; CONSIDERING that, in order to conform with certain modifications to the nomenclature of the customs tariffs of the Contracting Parties affecting products referred to in the initial Agreement, it is necessary to update the tariff nomenclature of these products; CONSIDERING that, in order to provide for more flexibility, it is appropriate to empower the Joint Committee to decide on amendments to the provisions of the Protocols to this Agreement; CONSIDERING that, for the sake of clarity, the initial Agreement and the Agreement in the form of an Exchange of Letters should be replaced by a composite new text in the form of this Agreement; TAKING INTO ACCOUNT that the bilateral trade Agreements between Finland and Sweden and the Faeroes cease to be in force on the entry into force of this Agreement; HAVE DECIDED, in pursuit of these objectives and considering that no provisions of this Agreement may be interpreted as exempting the Contracting Parties from the obligations which are incumbent on them under other international agreements, TO CONCLUDE THIS AGREEMENT:







Article 1

The aim of this Agreement is:

(a) to promote through the expansion of reciprocal trade the harmonious development of economic relations between the Community and the Faeroes and thus to foster in the Community and in the Faeroes the advance of economic activity, the improvement of living and employment conditions, and increased productivity and financial stability,

(b) to provide fair conditions of competition for trade between the Contracting Parties,

(c) to contribute in this way, by the removal of barriers to trade, to the harmonious development and expansion of world trade.

Article 2

This Agreement shall apply to products originating in the Community or the Faeroes:

(i) which fall within Chapters 25 to 97 of the Harmonized System, other than those listed in Annex II to the Treaty establishing the European Community, and other than those listed in Annex I to this Agreement;

(ii) which are specified in Protocols 1, 2 and 4 to this Agreement, with due regard to the arrangements provided for in those Protocols.

Article 3

No new customs duty on imports shall be introduced in trade between the Community and the Faeroes.

Article 4

1. The Community shall abolish customs duties on imports from the Faeroes.

2. The Faeroes shall abolish customs duties on imports from the Community: to this end Annex II sets out the provisions contained in the customs and fiscal legislation of the Faeroes.

Article 5

The provisions concerning the abolition of customs duties on imports shall apply also to import duties of a fiscal nature.

The Faeroes may replace an import duty of a fiscal nature or the fiscal element of an import duty by an internal tax.

Article 6

No new charge having an effect equivalent to a customs duty shall be introduced in trade between the Community and the Faeroes.

Charges having an effect equivalent to customs duties on imports in trade between the Community and the Faeroes shall be abolished.

Article 7

No customs duty on exports or charge having equivalent effect shall be introduced in trade between the Community and the Faeroes.

Customs duties on exports and charges having equivalent effect shall be abolished.

Article 8

Protocol 1 lays down the tariff treatment and arrangements applicable to certain fish and fishery products released for free circulation in the Community or imported into the Faeroes.

Article 9

Protocol 2 lays down the tariff treatment and arrangements applicable to certain products obtained by processing agricultural products.

Article 10

1. In the event of specific rules being established as a result of the implementation of its agricultural policy or of any alteration of the current rules, the Contracting Party in question may adapt the arrangements resulting from this Agreement in respect of the products which are the subject of those rules or alterations.

2. In such cases the Contracting Party in question shall take due account of the interests of the other Contracting Party. To this end the Contracting Parties may consult each other within the Joint Committee established by Article 31.

Article 11

Protocol 3 lays down the definition of the concept of ‘originating products’ and methods of administrative cooperation.

Article 12

A Contracting Party which is considering the reduction of the effective level of its duties or charges having equivalent effect applicable to third countries benefiting from most-favoured-nation treatment, or which is considering the suspension of their application, shall, as far as may be practicable, notify the Joint Committee not less than 30 days before such reduction or suspension comes into effect. It shall take note of any representations by the other Contracting Party regarding any distortions which might result therefrom.

Article 13

1. No new quantitative restriction on imports or measures having equivalent effect shall be introduced in trade between the Community and the Faeroes.

2. The Contracting Parties shall abolish quantitative restrictions on imports and any measures having an effect equivalent to quantitative restrictions on imports.

Article 14

1. The Community reserves the right to modify the arrangements applicable to the petroleum products falling within headings Nos 2710, 2711, ex 2712 (excluding ozokerite, lignite wax and peat wax) and 2713 of the combined nomenclature on adoption of decisions under the common commercial policy for petroleum products or on establishment of a common energy policy.

In this event, the Community shall take due account of the interests of the Faeroes; to this end it shall inform the Joint Committee, which shall meet under the conditions set out in Article 33 (2).

2. The Faeroes reserves the right to take similar action should it be faced with like situations.

3. Subject to paragraphs 1 and 2, this Agreement shall not prejudice the non-tariff rules applied to imports of petroleum products.

Article 15

1. The Contracting Parties declare their readiness to foster, so far as their agricultural policies allow, the harmonious development of trade in agricultural products to which this Agreement does not apply.

2. The Contracting Parties shall apply their rules in veterinary, health and plant health matters in a non-discriminatory fashion and shall not introduce any new measures that have the effect of unduly obstructing trade.

3. The Contracting Parties shall examine, under the conditions set out in Article 35, any difficulties that might arise in their trade in agricultural products and shall endeavour to seek appropriate solutions.

Article 16

The Home Government of the Faroe Islands shall take the necessary control measures to ensure the correct application of the reference price fixed or to be fixed by the Community, referred to in Article 2 of Protocol 1.

The Contracting Parties shall ensure the correct application of the definition of the concept of ‘originating products’ and methods of administrative cooperation, laid down in Protocol 3.

Article 17

Protocol 4 lays down the special provisions applicable to imports of certain agricultural products other than those listed in Protocol 1.

Article 18

Protocol 5 lays down the provisions on mutual assistance between administrative authorities in customs matters.

Article 19

The Contracting Parties reaffirm their commitment to grant each other the most-favoured-nation treatment in accordance with the GATT 1994.

This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade, except in so far as they alter the trade arrangements provided for in this Agreement, in particular the provisions concerning rules of origin.

Article 20

The Contracting Parties shall refrain from any measure or practice of an internal fiscal nature which, whether directly of indirectly, discriminates between the products of one Contracting Party and like products originating in the territory of the other Contracting Party.

Products exported to the territory of one of the Contracting Parties may not benefit from repayment of internal taxation in excess of the amount of direct or indirect taxation imposed on them.

Article 21

Payments relating to trade in goods and the transfer of such payments to the Member State of the Community in which the creditor is resident or to the Faeroes shall be free from any restrictions.

Article 22

This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, law and order or public security, the protection of life and health of humans, animals or plants, the protection of national treasures of artistic, historic or archaeological value, the protection of industrial and commercial property, or rules relating to gold or silver.

Such prohibitions or restrictions must not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Contracting Parties.

Article 23

Nothing in this Agreement shall prevent a Contracting Party from taking any measures:

(a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests;

(b) which relate to trade in arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;

(c) which it considers essential to its own security in time of war or serious international tension.

Article 24

1. The Contracting Parties shall refrain from any measure likely to jeopardize the fulfilment of the objectives of this Agreement.

2. They shall take any general or specific measures required to fulfil their obligations under this Agreement.

If either Contracting Party considers that the other Contracting Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 29.

Article 25

1. The following are incompatible with the proper functioning of this Agreement in so far as they may affect trade between the Community and the Faeroes: (i) all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition as regards the production of or trade in goods; (ii) abuse by one or more undertakings of a dominant position in the territories of the Contracting Parties as a whole or in a substantial part thereof; (iii) any public aid which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods.

2. Should a Contracting Party consider that a given practice is incompatible with this Article, it may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 29.

Article 26

Where an increase in imports of a given product is or is likely to be seriously detrimental to any production activity carried on in the territory of one of the Contracting Parties and where this increase is due to:

(i) the partial or total reduction in the importing Contracting Party, as provided for in this Agreement, of customs duties and charges having equivalent effect levied on the product in question; and

(ii) the fact that the duties or charges having equivalent effect levied by the exporting Contracting Party on imports of raw materials or intermediate products used in the manufacture of the product in question are significantly lower than the corresponding duties or charges levied by the importing Contracting Party:

the Contracting Party concerned may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 29.

Article 27

If one of the Contracting Parties finds that dumping is taking place in trade with the other Contracting Party, it may take appropriate measures against this practice in accordance with the Agreement on Implementation of Article VI of the GATT 1994, under the conditions and in accordance with the procedures laid down in Article 29.

Article 28

If serious disturbances arise in any sector of the economy or if difficulties arise which could bring about serious deterioration in the economic situation of a region, the Contracting Party concerned may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 29.

Article 29

1. In the event of a Contracting Party subjecting imports of products liable to give rise to the difficulties referred to in Articles 26 and 28 to an administrative procedure, the purpose of which is to provide rapid information on the trend of trade flows, it shall inform the other Contracting Party.

2. In the cases specified in Articles 24 to 28, before taking the measures provided for therein or, in cases to which paragraph 3 (d) of this Article applies, as soon as possible, the Contracting Party in question shall supply the Joint Committee with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Contracting Parties.

In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement.

The safeguard measures shall be notified immediately to the Joint Committee and shall be the subject of periodical consultations within the Committee, particularly with a view to their abolition as soon as circumstances permit.

3. For the implementation of paragraph 2, the following provisions shall apply: (a) as regards Article 25, either Contracting Party may refer the matter to the Joint Committee if it considers that a given practice is incompatible with the proper functioning of this Agreement within the meaning of Article 25 (1). The Contracting Parties shall provide the Joint Committee with all relevant information and shall give it the assistance it requires in order to examine the case and, where appropriate, to eliminate the practice objected to. If the Contracting Party in question fails to put an end to the practice objected to within the period fixed by the Joint Committee, or in the absence of agreement in the Joint Committee within three months of the matter being referred to it, the Contracting Party concerned may adopt any safeguard measures it considers necessary to deal with the serious difficulties resulting from the practices in question; in particular it may withdraw tariff concessions; (b) as regards Article 26, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Joint Committee, which may take any decision needed to put an end to such difficulties. If the Joint Committee or the exporting Contracting Party has not taken a decision putting an end to the difficulties within 30 days of the matter being referred, the importing Contracting Party is authorized to levy a compensatory charge on the product imported. The compensatory charge shall be calculated according to the incidence on the value of the goods in question of the tariff disparities in respect of the raw materials or intermediate products incorporated therein; (c) as regards Article 27, consultation in the Joint Committee shall take place before the Contracting Party concerned takes the appropriate measures; (d) where exceptional circumstances requiring immediate action make prior examination impossible, the Contracting Party concerned may, in the situations specified in Articles 26, 27 and 28 and also in the case of export aids having a direct and immediate incidence on trade, apply forthwith the precautionary measures strictly necessary to remedy the situation.

Article 30

Where one or more Member States of the Community or the Faeroes is in difficulties or is seriously threatened with difficulties as regards its balance of payments, the Contracting Party concerned may take the necessary safeguard measures. It shall inform the other Contracting Party forthwith.

Article 31

1. A Joint Committee is hereby established which shall be responsible for the administration of this Agreement and shall ensure its proper implementation. For this purpose, it shall make recommendations and take decisions in the cases provided for in this Agreement. These decisions shall be put into effect by the Contracting Parties in accordance with their own rules.

2. For the purpose of the proper implementation of this Agreement the Contracting Parties shall exchange information and, at the request of either Party, shall hold consultations within the Joint Committee.

3. The Joint Committee shall adopt its own rules of procedure.

Article 32

1. The Joint Committee shall consist of representatives of the Contracting Parties.

2. The Joint Committee shall act by mutual agreement.

Article 33

1. Each Contracting Party shall preside in turn over the Joint Committee, in accordance with the arrangements to be laid down in its rules of procedure.

2. The Chairman shall convene meetings of the Joint Committee at least once a year in order to review the general functioning of this Agreement.

The Joint Committee shall, in addition, meet whenever special circumstances so require, at the request of either Contracting Party, in accordance with the conditions to be laid down in its rules of procedure.

3. The Joint Committee may decide to set up any working party that can assist it in carrying out its duties.

Article 34

1. The Joint Committee may amend the provisions of the Protocols to this Agreement.

2. In the event of modifications of the nomenclature of the customs tariffs of the Contracting Parties affecting products referred to in this Agreement, the Joint Committee may adapt the tariff nomenclature of these products to conform with such modifications.

Article 35

1. Where a Contracting Party considers that it would be useful in the common interest of both Contracting Parties to develop the relations established by this Agreement by extending them to fields not covered thereby, it shall submit a reasoned request to the other Contracting Party.

The Contracting Parties may instruct the Joint Committee to examine this request and, where appropriate, to make recommendations to them, particularly with a view to opening negotiations.

2. The agreements resulting from the negotiations referred to in paragraph 1 will be subject to ratification or approval by the Contracting Parties in accordance with their own procedures.

Article 36

At the request of the Faeroes, the Community will consider

— improving the access possibilities for specific products,

— extending its tariff concessions for Faeroese fishery products to include new fish species caught by Faeroese fishing vessels based and operating in the North Atlantic, or to include fishery products pertaining thereto not currently produced by the Faeroese fishing industry. These new fish species or fishery products could be imported free of duty into the Community, subject to the necessary quantitative limitations should the new fish species or fishery products be of a sensitive nature in the Community.

Article 37

The Annexes and Protocols to this Agreement shall form an integral part thereof.

Article 38

Either Contracting Party may denounce this Agreement by notifying the other Contracting Party. This Agreement shall cease to be in force 12 months after the date of such notification.

Article 39

This Agreement shall apply, on the one hand, to the territories to which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Faeroes.

Article 40

1. This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Faeroese languages, each of these texts being equally authentic.

2. It will be approved by the Contracting Parties in accordance with their own procedures.

3. It shall enter into force on 1 January 1997, provided that the Contracting Parties have notified each other before that date that the procedures necessary to this end have been completed. After this date, this Agreement shall enter into force on the first day of the third month following such notification.

4. The provisions of the following Agreements shall cease to be in force on the entry into force of this Agreement: — the Agreement between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part, signed on 2 December 1991, — the Agreement in the form of an exchange of letters between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part, amending Tables I and II of the Annex to Protocol 1 of the abovementioned Agreement, signed on 8 March 1995, — the bilateral trade agreements between Finland and Sweden and the Faeroes.

Hecho en Bruselas, el seis de diciembre de mil novecientos noventa y seis.

Udfærdiget i Bruxelles den sjette december nitten hundrede og seks og halvfems.

Geschehen zu Brüssel am sechsten Dezember neunzehnhundertsechsundneunzig.

Έγινε στις Βρυξέλλες, στις έξι Δεκεμβρίου χίλια εννιακόσια ενενήντα έξι.

Done at Brussels on the sixth day of December in the year one thousand nine hundred and ninety-six.

Fait à Bruxelles, le six décembre mil neuf cent quatre-vingt-seize.

Fatto a Bruxelles, addì sei dicembre millenovecentonovantasei.

Gedaan te Brussel, de zesde december negentienhonderd zesennegentig.

Feito em Bruxelas, em seis de Dezembro de mil novecentos e noventa a seis.

Tehty Brysselissä kuudentena päivänä joulukuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäkuusi.

Som skedde i Bryssel den sjätte december nittonhundranittiosex.

Gjørdur í Brússel, sætta desembur nítjanhundrað og nýtiseks.

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Fyri Europeiska Felagsskapin

Por el Gobierno de Dinamarca y el Gobierno local de las Islas Feroe

For Danmarks regering og Færøernes landsstyre

Für die Regierung von Dänemark und die Landesregierung der Färöer

Για την κυβέρνηση της Δανίας και την τοπική κυβέρνηση των Νήσων Φερόε

For the Government of Denmark and the Home Government of the Faroe Islands

Pour le gouvernement du Danemark et le gouvernement local des îles Féroé

Per il governo della Danimarca e per il governo locale delle isole Færøer

Voor de Regering van Denemarken en de Landsregering van de Faeröer

Pelo Governo da Dinamarca e pelo Governo Regional das Ilhas Faroé

Tanskan hallituksen ja Färsaarten paikallishallituksen puolesta

På Danmarks regerings och Färöarnas landsstyres vägnar

Fyri ríkisstjórn Danmarkar og Føroya landsstýri

ANNEX I

List of products referred to in Article 2 (i) of this Agreement







CN Code Description 3502 Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivatives: Egg albumin: 3502 11 Dried: 3502 11 90 Other 3502 19 Other: 3502 19 90 Other 3502 20 Milk albumin, including concentrates of two or more whey proteins: Other: 3502 20 91 Dried (for example, in sheets, scales, flakes, powder) 3502 20 99 Other

ANNEX II

For the purposes of Article 4 (2) to this Agreement, the customs and fiscal legislation of the Færoes contains the following provisions:

(a) a customs tariff based on the Harmonized System and respecting the GATT obligations of Denmark;

(b) a duty-free treatment for goods of Community origin, with the exceptions set out in Protocols 2 and 4;

(c) a system of indirect taxation based on the following elements: — a value-added tax (VAT, based on the same principles as those which apply in the Community, including non-discrimination of imported goods; and — a system of excise duties, levied equally on domestic production and imported goods.

▼M3

PROTOCOL 1

concerning the tariff treatment and arrangements applicable to certain fish and fishery products released for free circulation in the Community or imported into the Faroes













Article 1

As regards the products listed in the Annex to this Protocol and originating in the Faroes:

1. no new customs duties shall be introduced in trade between the Community and the Faroes;

2. the preferential customs duties and other conditions to be applied on import into the Community shall be as indicated in the Annex.

Article 2

Any reference price fixed, or to be fixed, by the Community shall not apply to the products covered by this Protocol.

Article 3

1. Where a price decrease in imports of a given fishery product from one Contracting Party is, or is likely to be, seriously detrimental to the production activity concerned in the other Contracting Party, the Contracting Party concerned ay take appropriate measures.

2. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement.

3. Before taking appropriate measures, the Contracting Party in question shall supply the Joint Committee with all relevant information required for a through examination of the situation with a view to seeking a solution acceptable to the Contracting parties.

4. Except in cases of urgency, as described in paragraph 5, the Contracting Party concerned may not take measures until one month has elapsed after the date of notification, unless the Joint Committee procedure is concluded before expiry of the stated time limit.

5. Where circumstances require urgent action, the Contracting Party concerned may apply the measures strictly necessary to remedy the situation at the earliest three days after having informed the other Contracting Party.

6. Any safeguard measures shall be notified immediately to the Joint Committee and shall be the subject of periodical consultations within the Committee, particularly with a view to their abolition as soon as circumstances permit.

Article 4

The Faroes shall abolish tariffs and duties on imports of fish and fishery products originating in the Community.

ANNEX

The preferential customs duties and other conditions to be applied on import into the Community of products originating in and coming from the Faroes shall be as indicated below







TABLE 1 CN code Description Rate of duty Tariff quota (TQ) (1) (2) (3) (4) 0301 Live fish: ex 0301 91 90 Trout of the species Oncorhynchus mykiss 0 TQ No 1 0301 92 00 Eels (Anguilla spp.) 0 ex 0301 99 11 Atlantic salmon (Salmo salar) 0 0302 Fish, fresh or chilled, excluding fish fillets and other fish meat of heading No 0304 : ex 0302 11 90 Trout of the species Oncorhynchus mykiss 0 TQ No 1 ex 0302 12 00 Atlantic salmon (Salmo salar) 0 0302 19 00 Other 0 0302 21 10 Lesser or Greenland halibut (Reinhardtius hippoglossoides) 0 0302 21 30 Atlantic (Hippoglossus hippoglossus) 0 0302 22 00 Palice (Pleuronectes platessa) 0 0302 23 00 Sole (Solea spp.) 0 0302 29 10 Megrim (Lepidorhombus spp.) 0 0302 29 90 Other 0 0302 40 Herrings (Clupea harengus, Clupea pallasii), excluding livers and roes: 0302 40 05 From 1 January to 14 February 0 0302 40 98 From 16 June to 31 December 0 0302 50 10 Cod of the species Gadus morhua 0 0302 62 00 Haddock (Melanogrammus aeglefinus) 0 0302 63 00 Coalfish (Pollachius virens) 0 ex 0302 64 05 Mackerel of the species Scomber scombrus, from 1 January to 14 February 0 ex 0302 64 98 Mackerel of the species Scomber scombrus, from 16 June to 31 December 0 0302 65 Dogfish and other sharks: 0302 65 20 Dogfish of the species Squalus acanthias 0 0302 65 50 Dogfish of the species Scyliorhimus spp. 0 0302 65 90 Other 0 0302 66 00 Eels (Anguilla spp.) 0 Redfish (Sebastes spp.): 0302 69 31 Of the species Sebastes marinus 0 ex 0302 69 33 Of the species Sebastes mentella 0 0302 69 41 Whitings (Merlangus merlangus) 0 0302 69 45 Ling (Molva spp.) 0 ex 0302 69 68 Hake of the species Merluccius merluccius 0 0302 69 81 Monkfish (Lophius spp.) 0 0302 69 85 Blue whiting (Micromesistius poutassou or Gadus poutassou) 0 0302 69 99 Other 0 0302 70 00 Livers and roes 0 0303 Fish, frozen excluding fish fillets and other fish meat of heading No 0304 : ex 0303 21 90 Trout of the species Oncorbynchus mykiss 0 TQ No 1 ex 0303 22 00 Atlantic salmon (Salmo salar) 0 0303 29 00 Other 0 0303 31 10 Lesser or Greenland halibut (Reinhardtius hippoglossoides) 0 0303 31 30 Atlantic halibut (Hippoglossus hippoglossus) 0 0303 32 00 Plaice (Pleuronectes platessa) 0 0303 33 00 Sole (Solea spp.) 0 0303 39 10 Flounder (Platichthys flesus) 0 0303 39 30 Fish of the genus Rhombosolea 0 0303 39 80 Other 0 0303 50 Herrings (Clupea harengues, Clupea pollasi), excluding livers and roes: 0 0303 50 05 From 1 January to 14 February 0 0303 50 98 From 16 June to 31 December 0 ▼M11 0303 53 90 – Brisling or sprats (Sprattus sprattus) 0 ▼M3 0303 60 11 Cod of the species Gadus morhua 0 ▼M7 0303 72 00 Haddock (Melanogrammus aeglefinus) 0 ▼M3 0303 73 00 Coalfish (Pollachius virens) 0 ex 0303 74 10 Mackerel of the species Scomber scombrus, from 1 January to 14 February 0 ex 0303 74 20 Mackerel of the species Scombere scombrus, from 16 June to 31 December 0303 75 Dogfish and other sharks: 0303 75 20 Of the species Squalus acanthias 0 0303 75 50 Of the species Scyliorhinus spp. 0 0303 75 90 Other 0303 79 Other: Redfish (Sebastes spp.): 0303 79 35 Redfish of the species Sebastes marinus 0 ex 0303 79 37 Redfish of the species Sebastes mentella 0 0303 79 45 Whiting (Merlangus merlangus) 0 0303 79 51 Ling (Molva spp.) 0 0303 79 81 Monkfish (Lophius spp.) 0 0303 79 83 Blue whiting (Micromesistius poutassou or Gadus poutassou) 0 0303 79 96 Other 0 0303 80 Livers and roes 0 0303 80 90 Other 0 0304 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen: 0304 10 Fresh or chilled: Fillets: Of freshwater fish: ex 0304 10 11 Of trout of the species Oncorhynchus mykiss 0 TQ No 1 ex 0304 10 13 Of Atlantic salmon (Salmo salar) 0 Other ex 0304 10 31 Of cod of the species Gadus morhua 0 0304 10 33 Of coalfish (Pollachius virens) 0 0304 10 35 Of redfish (Sebastes spp.) 0 0304 10 38 Other Other fish meat (whether or not minced): 0304 10 91 Of freshwater fish 0 Other: Flaps of herring: 0304 10 94 From 1 January to 14 February 0 0304 10 96 From 16 June to 31 December 0 0304 10 98 Other 0 0304 20 Frozen fillets: Of freshwater fish: ex 0304 20 11 Of trout of the species Oncorhynchus mykiss 0 TQ No 1 ex 0304 20 13 Of Atlantic salmon (Salmon salar) 0 Of cod (Gadus morhua, Gadus macroephalus, Gadus Ogac) and of fish of the species Boreogadus saida: ex 0304 20 29 Of cod of the species Gadus morhua 0 0304 20 31 Of coalfish (Pollachius virens) 0 0304 20 33 Of haddock (Melanogrammus aeglefinus) 0 Of redfish (Sebastes spp.) 0304 20 35 Of the species Sebastes marinus 0 ex 0304 20 37 Of the species Sebastes mentella 0 0304 20 41 Of Whiting (Merlangus merlangus) 0 0304 20 43 Of ling (Molva spp.) 0 ex 0304 20 53 Of mackerel of the species Scomber scombrus 0 0304 20 71 Of plaice (Pleuronectes platessa) 0 0304 20 75 Of herring (Clupea harengus, Clupea pallasii) 0 0304 20 96 Other Of blue whiting (Micromesistius poutassou or Gadus poutassou) Other than of blue whiting (Micromesistius poutassou or Gadus poutassou) 0 0304 90 Other: 0304 90 05 Surimi 0 Other: ex 0304 90 10 Of freshwater fish: Of trout of the species Oncorhynchus mykiss 0 TQ No 1 Of Atlantic salmon (Salmo salar) 0 Other: Of herring (Clupea harengus, Clupea pallasii): 0304 90 20 From 1 January to 14 February 0 0304 90 27 From 16 June to 31 December 0 0304 90 38 Of cod of the species Gadus morhua 0 0304 90 41 Of coalfish (Pollachius virens) 0 0304 90 45 Of haddock (Melanogrammus aeglefinus) 0 0304 90 57 Of monkfish (Lophius spp.) 0 0304 90 59 Of blue whiting (Micromesistius poutassou or Gadus poutassou) 0 0304 90 97 Other 0 0305 Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: 0305 10 00 Flours, meals and pellets of fish, fit for human consumption 0 0305 20 00 Livers and roes, dried, smoked, salted or in brine 0 0305 30 Fish fillets, dried, salted or in brine, but not smoked: ex 0305 30 19 Of cod of the species Gadus morhua 0 ex 0305 30 30 Of Atlantic salmon (Salmo salar), salted or in brine 0 0305 30 50 Of lesser or Greenland halibut (Reinhardtius hippoglossoides), salted or in brine 0 0305 30 90 Other 0 ex 0305 41 00 Smoked fish, including fillets: ex 0305 42 00 Atlantic salmon (Salmo salar) 0 0305 42 00 Herrings (Clupea harengus, Clupea pallasii) 0 0305 49 10 Lesser or Greenland halibut (Reinhardtius hippoglossoides) 0 0305 49 20 Atlantic halibut (Hippoglossus hippoglossus) 0 ex 0305 49 30 Mackerel of the species Scomber scombrus) 0 ex 0305 49 45 Trout of the species Onocorhynchus mykiss 0 0305 49 50 Eels (Anguilla spp.) 0 0305 49 80 Other 0 Dried fish, whether or not salted but not smoked: ex 0305 51 10 Cod of the species Gadus morhua, dried, unsalted 0 ex 0305 51 90 Cod of the spcies Gadus morhua, dried, salted 0 ▼M9 0305 59 Other: 0305 59 80 Other: ex 0305 59 80 Coalfish (Pollachius virens) 0 TQ No 5 ▼M3 ex 0305 59 90 Other: Of ling (Molva molva) 0 Of blue ling (Molva dipterygia dipterygia) 0 Of tusk (Brosme brosme) 0 Fish, salted but not dried or smoked and fish in brine: 0305 61 00 Herrings (Clupea harengus, Clupea pallasii) 0 ex 0305 62 00 Cod of the species Gadus morhua 0 0305 69 Other: 0305 69 90 Other 0 0306 Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets or crustaceans, fit for human consumption: Frozen: 0306 13 Shrimps and prawns: 0306 13 10 Of the family Pandalidae 0 0306 13 40 Deepwater rose shrimps (Parapenaeus longirostris) 0 0306 13 50 Shrimps of the genus Penaeus 0 0306 13 80 Other 0 ▼M9 0306 14 Crabs: 0306 14 90 Other: ex 0306 14 90 Crabs of the species Geryon affinis 0 TQ No 6 ▼M3 0306 19 30 Norway lobsters (Nephrops norvegicus) 0 Not frozen: 0306 29 30 Norway lobsters (Nephrops norvegicus) 0 0307 Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption: Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten: 0307 21 00 Live, fresh or chilled 0 0307 29 Other: 0307 29 10 Common scallop (Pecten maximus), frozen 0 0307 29 90 Other 0 ▼M9 Other, including flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption: 0307 91 00 Live, fresh or chilled: ex 0307 91 00 Common whelk (Buccinum undatum) 0 TQ No 7 0307 99 Other: Frozen: 0307 99 18 Other: ex 0307 99 18 Common whelk (Buccinum undatum) 0 TQ No 7 ▼M3 1604 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces, but not minced: ex 1604 11 00 Atlantic salmon (Salmo salar) 0 TQ No 2 1604 12 Herrings: Other: 1604 12 91 In airtight containers 0 1604 12 99 Other 0 ▼M11 1604 13 Sardines, sardinella and brisling or sprats – Sardines: 1604 13 90 – Other 0 ▼M3 1604 19 Other: ex 1604 19 10 Trout of the species Oncorhynchus mykiss 0 TQ No 2 1604 19 91 Fillets, raw, merely coated with batter or breadcrumbs, whether or not prefried in oil, deep frozen 0 Other: 1604 19 92 Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) 0 TQ No 3 1604 19 93 Coalfish (Pollachius virens) 0 TQ No 3 1604 19 94 Hake (Merluccius spp., Urophycis spp.) 0 TQ No 3 1604 19 95 Alaksa pollack (Theragra chalcogramma) and pollack (Pollachius pollachius) 0 TQ No 3 1604 19 98 Other 0 TQ No 3 1604 20 Other prepared or preserved fish: 1604 20 05 Preparations of surimi 0 TQ No 3 Other: ex 1604 20 10 Of Atlantic salmon (Salmo salar) 0 TQ No 2 ex 1604 20 30 Of Trout of the species Oncorhynchus mykiss 0 TQ No 2 1604 20 90 Of other fish: Other than of herring 0 TQ No 3 1605 Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: 1605 20 Shrimps and prawns: 1605 20 10 In airtight containers 0 TQ No 4 Other: 1605 20 91 In immediate packings of a net content not exceeding 2 kg 0 TQ No 4 1605 20 99 Other 0 TQ No 4 ex 1605 40 00 Norway lobsters (Nephrops norvegicus) 0 TQ No 4 ▼M9 1605 90 Other Molluscs: 1605 90 30 Other: ex 1605 90 30 Common whelk (Buccinum undatum) 0 TQ No 7 ▼M3 2301 Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves: 2301 20 00 Flours, meals and pellets, of fish or of crustaceans, molluscs or other aquatic invertebrates 0







TABLE II CN code Description Rate of duty Tariff quota (TQ) (1) (2) (3) (4) 0301 Live fish: TQ No 1 ►C1 (1) ◄ 700 ex 0301 91 90 Trout of the species Oncorhynchus mykiss 0 0302 Fish, fresh or chilled, excluding fish fillets and other fish meat of heading No 0304 : ex 0302 11 90 Trout of the species Oncorhynchus mykiss 0 0303 Fish, frozen, excluding fish fillets and other fish meat of heading No 0304 : ex 0303 21 90 Trout of the species Oncorhynchus mykiss 0 0304 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen: 0304 10 Fresh or chilled: Fillets: ex 0304 10 11 Of trout of the species Oncorhynchus mykiss 0 0304 20 Frozen fillets: ex 0304 20 11 Of trout of the species Oncorhynchus mykiss 0 0304 90 Other: ex 0304 90 10 Of trout of the species Oncorhynchus mykiss 0 ▼M9 0305 Fish, dried, salted or in brine, smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: Dried fish, whether or not salted but not smoked: 0305 59 Other: 0305 59 80 Other: ex 0305 59 80 Coalfish (Pollachius virens) 0 TQ No 5 (3) 750 0306 Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption: Frozen: 0306 14 Crabs: 0306 14 90 Other: ex 0306 14 90 Crabs of the species Geryon affinis 0 TQ No 6 (3) 750 0307 Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption: Other, including flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption: 0307 91 00 Live, fresh or chilled: ex 0307 91 00 Common whelk (Buccinum undatum) 0 TQ No 7 (3) 1 200 0307 99 Other: Frozen: 0307 99 18 Other: ex 0307 99 18 Common whelk (Buccinum undatum) 0 TQ No 7 (3) 1 200 ▼M3 1604 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: TQ No 2 400 Fish, whole or in pieces, but not minced: ex 1604 11 00 Atlantic salmon (Salmo salar) 0 1604 19 Other: ex 1604 19 10 Trout of the species Oncorhynchus mykiss 0 1604 20 Other prepared or preserved fish: Other: ex 1604 20 10 Of Atlantic salmon (Salmo salar) 0 ex 1604 20 30 Of trout of the species Oncorhynchus mykiss 0 1604 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: TQ No 3 1 200 Fish, whole or in pieces, but not minced: 1604 19 92 Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) 0 1604 19 93 Coalfish (Pollachius virens) 0 1604 19 94 Hake (Merluccius spp., Urophycis spp.) 0 1604 19 95 Alaska pollack (Theragra chalcogramma) and pollack (Pollachius pollachius) 0 1604 19 98 Other 0 1604 20 Other prepared or preserved fish: 1604 20 05 Preparations of surimi 0 Other ex 1604 20 90 Of other fish: Other than of herring 0 ▼M7 1605 Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: TQ No 4 (2) 4 000 1605 20 - Shrimps and prawns: 1605 20 10 - - In airtight containers 0 - - Other: 1605 20 91 - - - In immediate packing of a net content not exceeding 2 kg 0 1605 20 99 Other 0 ex 1605 40 00 - Norway lobsters (Nephrops norvegicus) 0 ▼M9 1605 90 Other Molluscs: 1605 90 30 Other: ex 1605 90 30 Common whelk (Buccinum undatum) 0 TQ No 7 (3) 1 200 ►C1 ( 1 ) Figures refer to the commercial presentation ‘whole and gutted’. For imports falling within HS code 0304 , a coefficient of 2 shall be applied for quantities drawn from this tariff quota. ◄ ►M7 ( 2 ) In 2007 the annual volume shall be 4 000 tonnes. From 1 January 2008 onwards the yearly volume shall be increased by 1 000 tonnes to a maximum level of 6 000 tonnes provided that at least 80 % of the total amount of the previous quota has been used by 31 December of that year. ◄ ►M9 ( 3 ) For the year 2008, the volumes of the tariff quotas should be calculated pro rata to the basic volumes in proportion to the part of that year which elapsed before the tariff quotas apply. ◄

▼B

PROTOCOL 2

concerning the tariff treatment and arrangements applicable to certain products obtained by processing agricultural products







Article 1

In order to take account of differences in the cost of the agricultural products incorporated in the goods specified in the table annexed to this Protocol, this Agreement does not preclude:

(i) the levying, on import, of an agricultural component or fixed amount, or the application of internal price compensation measures;

(ii) the application of measures adopted on export.

Article 2

The Community shall apply the customs duties on imports originating in the Faeroes as indicated in the table annexed to this Protocol.

Article 3

The Faeroes shall abolish tariffs and duties on imports of processed agricultural products originating in the Community, with the exceptions mentioned in Protocol 4, Article 2.

Should the Faeroes introduce such measures for processed agricultural products as mentioned in Article 1 of this Protocol, the Community shall be duly notified.







Table EUROPEAN COMMUNITY CN Code Description Rate of duty (1) 0403 Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: 0403 10 Yogurt: 0403 10 51 to 0403 10 99 Flavoured or containing added fruit, nuts or cocoa EA 0403 90 Other: 0403 90 71 to 0403 90 99 Flavoured or containing added fruit, nuts or cocoa EA 0710 Vegetables (uncooked or cooked by steaming or boiling in water), frozen: 0710 40 Sweetcorn EA 0711 Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: 0711 90 Other vegetables; mixtures of vegetables: Vegetables: 0711 90 30 Sweetcorn EA 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: 1702 50 Chemically pure fructose Free 1702 90 Other, including invert sugar: 1702 90 10 Chemically pure maltose Free 1704 Sugar confectionery (including white chocolate), not containing cocoa: 1704 10 Chewing gum, whether or not sugar-coated EA maximum 1704 90 Other: 1704 90 10 Liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances Free 1704 90 10 White chocolate EA maximum + AD S/Z 1704 90 51 to 1704 90 99 Other EA maximum + AD S/Z 1806 Chocolate and other food preparations containing cocoa: 1806 10 Cocoa powder, containing added sugar or other sweetening matter EA 1806 20 Other preparations in blocks or slabs weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg: 1806 20 10 Containing 31 % or more by weight of cocoa butter or containing a combined weight of 31 % or more of cocoa butter and milk fat EA maximum + AD S/Z 1806 20 30 Containing a combined weight of 25 % or more, but less than 31 % of cocoa butter and milk fat EA maximum + AD S/Z Other: 1806 20 50 Containing 18 % or more by weight of cocoa butter EA maximum + AD S/Z 1806 20 70 Chocolate milk crumb EA 1806 20 95 Other EA maximum + AD S/Z Other, in blocks, slabs or bars: 1806 31 00 Filled: EA maximum + AD S/Z 1806 32 Not filled EA maximum + AD S/Z 1806 90 Other: 1806 90 11 to 1806 90 39 Chocolate and chocolate products EA maximum + AD S/Z 1806 90 50 Sugar confectionery and substitutes therefor made from sugar substitution products, containing cocoa EA maximum + AD S/Z 1806 90 60 Spreads containing cocoa EA maximum + AD S/Z 1806 90 70 Preparations containing cocoa for making beverages EA maximum + AD S/Z 1806 90 90 Other EA maximum + AD S/Z 1901 Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa on a totally defatted basis, not elsewhere specified or included; food preparations of goods of heading Nos 0401 to 0404, not containing cocoa powder or containing less than 5 % by weight of cocoa on a totally defatted basis, not elsewhere specified or included EA 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: Uncooked pasta, not stuffed or otherwise prepared: 1902 11 Containing eggs EA 1902 19 Other EA 1902 20 Stuffed pasta, whether or not cooked or otherwise prepared: 1902 20 91 to 1902 20 99 Other EA 1902 30 Other pasta EA 1902 40 Couscous EA 1903 Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms EA 1904 Prepared foods obtained by the swelling or roasting of cereals or cereals products (for example, corn flakes); cereals, other than maize (corn), in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included EA 1905 Bread, pastry, cakes, biscuits and other baker's wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: 1905 10 Crispbread EA maximum 24 % + AD F/M 1905 20 Gingerbread and the like EA 1905 30 Sweet biscuits; waffles and wafers EA maximum 35 % + AD S/Z 1905 40 Rusks, toasted bread and similar toasted products EA 1905 90 Other: 1905 90 10 Matzos EA maximum 20 % + AD F/M 1905 90 20 Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products EA 1905 90 Other: 1905 90 30 Bread, not containing added honey, eggs, cheese or fruit, and containing by weight in the dry matter state not more than 5 % of sugar and not more than 5 % of fat EA 1905 90 40 Waffles and wafers with a water content exceeding 10 % by weight EA maximum + AD F/M 1905 90 45 Biscuits EA maximum + AD F/M 1905 90 55 Extruded or expanded products, savoury or salted EA maximum + AD F/M Other: 1905 90 60 With added sweetening matter EA maximum + AD S/Z 1905 90 90 Other EA maximum + AD F/M 2001 Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: 2001 90 Other 2001 90 30 Sweetcorn (Zea mays var. saccharata) EA 2004 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products from heading No 2006: 2004 10 Potatoes: Other: 2004 10 91 In the form of flour, meal or flakes EA 2004 90 Other vegetables and mixtures of vegetables: 2004 90 10 Sweet corn (Zea mays var. saccharata) EA 2005 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products from heading No 2006: 2005 20 Potatoes: 2005 20 10 In the form of flour, meal or flakes EA 2005 80 Sweetcorn (Zea mays var. saccharata) EA 2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: Other, including mixtures other than those of subheading No 2008 19 : 2008 99 Other: Not containing added spirit: Not containing added sugar: 2008 99 85 Maize (corn), other than sweetcorn (Zea mays var. saccharata) EA 2101 Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: 2101 12 Preparations with a basis of these extracts, essences or concentrates of coffee: 2101 12 98 Other EA 2101 20 Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates or with a basis of tea or maté: Preparations: 2101 20 98 Other EA 2101 30 Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: Roasted chicory and other roasted coffee substitutes: 2101 30 19 Other EA Extracts, essences and concentrates of roasted chicory and other roasted coffee substitutes: 2101 30 99 Other EA 2102 Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading No 3002); prepared baking powders: 2102 10 Active yeasts: 2102 10 31 to 2102 10 39 Baker's yeast EA 2102 20 Inactive yeasts; other single-cell micro-organisms, dead: 2102 20 11 to 2102 20 19 Inactive yeasts Free 2103 Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard: 2103 10 Soya sauce Free 2103 20 Tomato ketchup and other tomato sauces Free 2103 90 Other Free 2104 Soups and broths and preparations therefor; homogenized composite food preparations: 2104 10 Soups and broths and preparations therefor Free 2105 Ice cream and other edible ice, whether or not containing cocoa EA maximum + AD S/Z 2106 Food preparations not elsewhere specified or included: 2106 10 Protein concentrates and textured protein substances: 2106 10 80 Other EA 2106 90 Other 2106 90 10 Cheese fondues EA maximum ECU 25/100 kg/net Other: ex 2106 90 92 Containing no milkfats, sucrose, isoglucose, glucose or starch or containing less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch: Hydrolysates of proteins; autolysates of yeast Free 2106 90 98 Other EA 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 No 2009: 2202 10 Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured Free 2202 90 Other: ex 2202 90 10 Not containing products of heading Nos 0401 to 0404 or fat obtained from products of heading Nos 0401 to 0404: Containing sugar (sucrose or invert sugar) Free 2202 90 91 to 2202 90 99 Other EA 2203 Beer made from malt Free 2205 Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances Free 2208 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages; compound alcoholic preparations of a kind used for the manufacture of beverages: 2208 90 Other: Other spirits and other spirituous beverages, in containers holding: 2 1 or less: ex 2208 90 69 Other spirituous beverages: Containing eggs or egg yolks and/or sugar (sucrose or invert sugar) ECU 1/% vol/hl +ECU 6/hl More than 2 1: ex 2208 90 78 Other spirituous beverages: Containing eggs or egg yolks and/or sugar (sucrose or invert sugar) ECU 1/% vol/hl 2905 Acyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives: Other polyhydric alcohols: 2905 43 Mannitol EA 2905 44 D-glucitol (sorbitol) EA 2915 Saturated acyclic monocarboxylic acids and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives: Formic acid, its salts and esters: ex 2915 13 Esters of formic acid: Esters of mannitol and esters of sorbitol Free Esters of acetic acid: 2915 39 Other: ex 2915 39 90 Other: Esters of mannitol and esters of sorbitol Free ex 2915 90 Other: Esters of mannitol and esters of sorbitol 2916 Unsaturated acyclic monocarboxylic acids, cyclic monocarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives: Unsaturated acyclic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: 2916 19 Other: ex 2916 19 80 Other Esters of mannitol and esters of sorbitol Free 2917 Polycarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives: Acyclic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: 2917 19 Other: ex 2917 19 90 Other Itaconic acid, its salts and esters Free 2918 Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives: Carboxylic acids with alcohol function but without other oxygen function, their anhydrides, halides, peroxides, peroxyacids and their derivatives: 2918 11 Lactic acid, its salts and esters Free 2918 14 Citric acid Free 2918 15 Salts and esters of citric acid Free 2918 19 —Other: ex 2918 19 80 Other: Glyceric acid, glycolic acid, saccharic acid, isosaccharic acid, heptasaccharic acid, their salts and esters Free 2932 Heterocyclic compounds with oxygen hetero-atom(s) only: Compounds containing an unfused furan ring (whether or not hydrogenated) in the structure: ex 2932 19 Other: Anhydrous mannitol and sorbitol compounds, excluding maltol and isomaltol Free 2932 99 Other: ex 2932 99 70 Other cyclic acetals and internal hemiacetals, whether or not with other oxygen functions, and their halogenated, sulphonated, nitrated or nitrosated derivatives: α-Methylglucoside Free ex 2932 99 90 Other: Anhydrous mannitol and sorbitol compounds, excluding maltol and isomaltol Free 2940 Sugars, chemically pure, other than sucrose, lactose, maltose, glucose and fructose; sugar ethers and sugar esters, and their salts, other than products of heading Nos 2937, 2938 or 2939: 2940 00 90 Other Free 2941 Antibiotics: 2941 10 Penicillins and their derivatives with a penecillanic acid structure; salts thereof Free 3001 Glands and other organs for organo-therapeutic uses, dried, whether or not powdered; extracts of glands or other organs or of their secretions for organo-therapeutic uses; heparin and its salts; other human or animal substances prepared for therapeutic or prophylatic uses, not elsewhere specified or included: 3001 90 Other: Other: 3001 90 91 Heparin and its salts Free 3501 Casein, caseinates and other casein derivatives; casein glues: 3501 10 Casein: 3501 10 10 For the manufacture of regenerated textile fibres (2) Free 3501 10 50 For industrial uses other than the manufacture of foodstuffs or fodder (2) Free 3501 10 90 —Other Free 3501 90 Other Free 3505 Dextrins and other modified starches (for example, pregelatinized or esterified starches); glues based on starches, or on dextrines or other modified starches: 3505 10 Dextrins and other modified starches: 3505 10 10 Dextrins EA Other modified starches: 3505 10 50 Starches, esterified or etherified Free 3505 10 90 Other EA 3505 20 Glues EA maximum 3506 Prepared glues and other prepared adhesives, not elsewhere specified or included; products suitable for use as glues or adhesives, put up for retail sale as glues or adhesives, not exceeding a net weight of 1 kg: ex 3506 10 00 Products suitable for use as glues or adhesives, put up for retail sale as glues or adhesives, not exceeding a net weight of 1 kg: With a basis of sodium silicate emulsion or of resin emulsions Free Other: ex 3506 99 00 Other: With a basis of sodium silicate emulsion or of resin emulsion Free 3809 Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included: 3809 10 With a basis of amylaceous substances EA maximum Other: ex 3809 91 Of a kind used in the textile or like industries: Containing starch or products derived from starch Free ex 3809 92 Of a kind used in the paper or like industries: Containing starch or products derived from starch Free ex 3809 93 Of a kind used in the leather or like industries: Containing starch or products derived from starch Free 3823 Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols: Industrial monocarboxylic fatty acids; acid oils from refining: 3823 13 Tall oil fatty acids Free 3824 Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: ex 3824 10 Prepared binders for foundry moulds or cores: Based on synthetic resins Free 3824 60 Sorbitol other than that of subheading No 2905 44 EA 3824 90 Other: ex 3824 90 25 Pyrolignites (for example, of calcium); crude calcium tartrate; crude calcium citrate: Crude calcium citrate Free Other: ex 3824 90 95 Other: Products of sorbitol cracking Free 3911 Petroleum resins, coumarone-indene resins, polyterpenes, polysulphides, polysulphones and other products specified in note 3 to this chapter, not elsewhere specified or included, in primary forms: ex 3911 10 Petroleum resins, coumarone, indene or coumarone-indene resins and polyterpenes: Adhesives with a basis of resin emulsions Free 3911 90 Other: Condensation or rearrangement polymerization products whether or not chemically modified: ex 3911 90 19 Adhesives with a basis of resin emulsions Free Other: ex 3911 90 99 Adhesives with a basis of resin emulsions Free 3913 Natural polymers (for example, alginic acid) and modified natural polymers (for example, hardened proteins, chemical derivatives of natural rubber), not elsewhere specified or included, in primary forms: 3913 90 Other: ex 3913 90 90 Other: Dextran Free Other, excluding hardened proteins Free ( 1 ) The amounts of the agricultural components (EA), which may be subject to a maximum duty, are set out in the Common Customs Tariff in the form of a specific amount or of a reference to Annex I of the Common Customs Tariff (Regulation (EEC) No 2658/87 of 23 July 1987 as amended). ( 2 ) Entry under this subheading is subject to conditions laid down in the relevant Community provisions.

▼M12

PROTOCOL 3

concerning the definition of the concept of 'originating products' and methods of administrative cooperation







Article 1

Applicable rules of origin

1. Official Journal of the European Union , shall apply. 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, 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.

3. Notwithstanding Articles 16(5) and 21(3) of Appendix I to the Convention, where cumulation involves only EFTA States, the Faroe Islands, the European Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the proof of origin may be a movement certificate EUR.1 or an origin declaration.

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 Faroe Islands.

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 Kingdom of Denmark in respect of the Faroe Islands 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 Kingdom of Denmark in respect of the Faroe Islands 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 Faroe Islands.

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 Article 1 Definitions TITLE II DEFINITION OF THE CONCEPT OF 'ORIGINATING PRODUCTS' Article 2 General requirements Article 3 Wholly obtained products Article 4 Sufficient working or processing Article 5 Tolerance rule Article 6 Insufficient working or processing Article 7 Cumulation of origin Article 8 Conditions for the application of cumulation of origin Article 9 Unit of qualification Article 10 Sets Article 11 Neutral elements Article 12 Accounting segregation TITLE III TERRITORIAL REQUIREMENTS Article 13 Principle of territoriality Article 14 Non- alteration Article 15 Exhibitions TITLE IV DRAWBACK OR EXEMPTION Article 16 Drawback of or exemption from customs duties TITLE V PROOF OF ORIGIN Article 17 General requirements Article 18 Conditions for making out an origin declaration Article 19 Approved exporter Article 20 Procedure for issue of a movement certificate EUR.1 Article 21 Movement certificates EUR.1 issued retrospectively Article 22 Issue of a duplicate movement certificate EUR.1 Article 23 Validity of proof of origin Article 24 Free zones Article 25 Importation requirements Article 26 Importation by instalments Article 27 Exemption from proof of origin Article 28 Discrepancies and formal errors Article 29 Supplier's declarations Article 30 Amounts expressed in euro TITLE VI PRINCIPLES OF COOPERATION AND DOCUMENTARY EVIDENCE Article 31 Documentary evidence, preservation of proofs of origin and supporting documents Article 32 Dispute settlement TITLE VII ADMINISTRATIVE COOPERATION Article 33 Notification and cooperation Article 34 Verification of proofs of origin Article 35 Verification of supplier's declarations Article 36 Penalties TITLE VIII APPLICATION OF APPENDIX A Article 37 European Economic Area Article 38 Liechtenstein Article 39 Republic of San Marino Article 40 Principality of Andorra Article 41 Ceuta and Melilla List of Annexes ANNEX I: Introductory notes to the list in Annex II 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 III: Text of the origin declaration ANNEX IV: Specimens of movement certificate EUR.1 and application for a movement certificate EUR.1 ANNEX V: Special conditions concerning products originating in Ceuta and Melilla ANNEX VI: Supplier's declaration ANNEX VII: Long- term supplier's declaration

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;

(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;

(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;

(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);

(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;

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

(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;

(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;

(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;

(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'

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;

(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; (b) plants, including aquatic plants, and vegetable products grown or harvested there; (c) live animals born and raised there; (d) products from live animals raised there; (e) products from slaughtered animals born and raised 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; (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); (j) used articles collected there fit only for the recovery of raw materials; (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; (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; (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 (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.

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; (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; (b) breaking-up and assembly of packages; (c) washing, cleaning; removal of dust, oxide, oil, paint or other coverings; (d) ironing or pressing of textiles; (e) simple painting and polishing operations; (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; (h) peeling, stoning and shelling, of fruits, nuts and vegetables; (i) sharpening, simple grinding or simple cutting; (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; (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; (n) mixing of sugar with any material; (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; (q) slaughter of animals; (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 (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 Faroe Islands, 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; (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;

(b) plant and equipment;

(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.

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

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 (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 (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.

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; (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 (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; (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 (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

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 prov