2001D0822 — EN — 02.12.2001 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DECISION
of 27 November 2001
on the association of the overseas countries and territories with the European Community
(‘Overseas Association Decision’)
(2001/822/EC)
(OJ L 314, 30.11.2001, p. 1)
Amended by:
Official Journal
No page date
►M1Appendix 2 to Annex III to Council Decision 2001/822/EC of 27
November 2001 on the association of the overseas countries and territories
with the European Community (‘Overseas Association Decision’)(*)L 324 1 7.12.2001
Corrected by:
►C1Corrigendum, OJ L 64, 7.3.2002, p. 39 (2001/822/EC)
(*) OJ L 314, 30.11.2001, p. 1.
▼B
COUNCIL DECISION
of 27 November 2001
on the association of the overseas countries and territories with the
European Community
(‘Overseas Association Decision’)
(2001/822/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,hereinafter referred to as the Treaty, and in particular Article 187thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)Council Decision 91/482/EEC of 25 July 1991 on the association
of the overseas countries and territories with the European
Economic Community(1), was applicable until 1 December 2001.
Article 240(4) thereof states that the Council, acting unanimouslyon a proposal from the Commission, shall establish the provisionsto be laid down for the subsequent application of the principles setout in Articles 182 to 186 of the Treaty.
(2)Declaration No 36 on the overseas countries and territories,
hereinafter referred to as the ‘OCTs’, annexed to the final act of
the Conference of the Representatives of the Governments of theMember States signed in Amsterdam in 1997, invites the Council,acting in accordance with Article 187 of the Treaty, to review theassociation arrangements with the OCTs with a fourfold objective
as follows:
— promoting the economic and social development of the OCTs
more effectively;
— developing economic relations between the OCTs and the
European Union;
— taking greater account of the diversity and specific character-
istics of the individual OCTs, including aspects relating to
freedom of establishment;
— and ensuring that the effectiveness of the financial instrument
is improved.
(3)On 11 February 1999 the European Parliament adopted aresolution on relations between the OCTs, the ACP States and
the outermost regions of the European Union(
2). Furthermore, on
4 October 2001, it adopted a resolution on the proposal from theCommission for a Council Decision on the association of theOCTs with the European Community(
3).
(4)In its communication of 20 May 1999 entitled ‘the Status ofOCTs associated with the EC and options for “OCT 2000”’, theCommission examined the features and the development of the
OCT-EC association since 1957, noted the basic principles and
the current situation of the association and sketched outalternative policies for it for the period beginning 1 March 2000.
(5)In accordance with Article 10 of Decision 91/482/EEC, thecompetent OCT authorities informed the Commission of theamendments or additions they desired in future, notably at a
meeting held in the context of the partnership on 29 and 30 April
1999, attended by the Commission, the four Member States towhich the OCTs are linked and the 20 OCTs concerned.2001D0822 — EN — 02.12.2001 — 000.001 — 2
(1) OJ L 263, 19.9.1991, p. 1. Decision as last amended and extended by
Decision 2001/161/EC (OJ L 58, 28.2.2001, p. 21).
(2) PE 228.210, 1.12.1998.
(3) Not yet published C5-0070 - 2001/2033 (COS).
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(6)Though not third countries, the OCTs do not form part of the
single market and must comply with the obligations imposed on
third countries in respect of trade, notably rules of origin, healthand plant health standards and safeguard measures.
(7)As a general rule, when the Council adopts measures underArticle 187 of the Treaty, it must take account both of theprinciples laid down in Part Four of the Treaty and of the otherprinciples of Community law. It should also take account ofexperience acquired in the implementation of the trade arrange-ments of Decision 91/482/EEC.
(8)These arrangements provide for duty-free access for productsoriginating in the OCTs and rules of origin allowing cumulation
with products originating in the ACP States, which are subject to
different arrangements, or in the Community. This causes orthreatens to cause serious disruption to the functioning of certaincommon market organisations under the common agriculturalpolicy, in particular those for rice and sugar. Such disruption hason a number of occasions led the Commission and the Council to
adopt safeguard measures.
(9)By limiting the scope for use of cumulation of origin, the changesmade in relation to rice at the mid-term review of the Decision(
1)
have helped maintain access for OCT products to the Communitymarket on terms conducive to its balance. This access should beimproved in respect of the least developed OCTs, but withoutmodifying the overall quantity benefiting from cumulation. Giventhat only two other OCTs have ever operated in this sector, the
remaining available quantities should be allocated to them, in the
interest of transparency.
(10)However, as regards sugar and sugar mixes, the rise in OCT
exports made from sugar of ACP or Community origin to a
heavily oversupplied market has resulted in a greater reduction inthe quota allowed for Community producers and therefore agreater loss of guaranteed income for them.
(11)Moreover, in view of the minimal, low value-added operationsthat currently suffice to obtain the status of a product originatingin the OCTs in the sugar sector, the contribution of these exportsto the development of the territories can only be small at best and,
without a doubt, out of all proportion to the disruption caused to
the Community sectors concerned.
(12)For the above reasons, origin rules should therefore be adopted
which exclude the possibility of ACP/EC-OCT cumulation for
sugar when only minimal operations are carried out. However,taking into account the investments already made in the OCTs onthe basis of the rules in force since 1991, such exclusion shouldenter into force in aprogressive wa y. Therefore, subject to the
adoption of the necessary implementing provisions, cumulation
should be temporarily allowed to continue within progressivelydecreasing quantitative limits which are compatible with theobjectives of the Community's common market organisation forsugar whilst taking due account of the legitimate interests of OCToperators.
(13)Provision should also be made to ensure that agricultural productsoriginating in the Community and which have benefited from an
export refund cannot be re-imported duty-free into the Commu-
nity by means of the cumulation procedure.
(14)Furthermore, all the OCT rules of origin should be updated, in the
interests of the operators and administrations concerned, to take
account of technical progress and the policy adopted by theCommunity of origin-rule harmonisation. Likewise, the procedure2001D0822 — EN — 02.12.2001 — 000.001 — 3
(1) Council Decision 97/803/EC of 29 November 1997 amending at mid-term
Decision 91/482/EEC on the association of the overseas countries and
territories with the European Economic Community (OJ L 329, 29.11.1997,
p. 50).
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should be simplified to enable the necessary technical amend-
ments to the rules to be made more easily in future.
(15)The procedure for the transhipment of goods not originating in theOCTs but in free circulation there should be completed andclarified, with a view to ensuring a transparent and reliable legal
framework for operators and administrations. It should also be
extended to cover certain fishery products of particular impor-tance for Greenland and Saint-Pierre-et-Miquelon, subject to theadoption of the necessary implementing provisions.
(16)The general provisions of the Treaty and legislation derivedthereunder do not automatically apply to the OCTs, barringexpress provisions to the contrary. OCT products imported intothe Community must nevertheless comply with the Community
rules in force.
(17)Financial assistance to the OCTs should be allocated on the basis
of uniform, transparent and effective criteria, taking into account
the needs and performances of the OCTs. Such criteria should
include in particular the economic and physical dimensions of theOCTs, the use made of past allocations, respect for the principlesof sound financial management, fair fiscal policy, estimatedabsorption capacity, the need for establishing a reserve in order tofinance non-programmable expenditure and a smooth transition to
prevent a sudden considerable setback in allocation for New
Caledonia, French Polynesia and the Netherlands Antilles. In theinterests of efficiency, simplification and recognition of themanagement capacities of the OCT authorities, the financialresources granted to the OCTs should be managed more on the
basis of partnership by applying procedures based on the rules in
force for the structural funds.
(18)For this purpose, the procedures delegate the main responsibility
for programming and implementing cooperation to the OCTs in
particular. Cooperation will be conducted predominantly inconformity with OCT territorial regulations and will underpinsupport for the monitoring, evaluation and audit of the operationsprogrammed. In addition, it is necessary to clarify which
Community programmes and budget lines are open to the
OCTs, as well as the procedures for a smooth transition fromprevious EDFs to the 9th one.
(19)Global changes, reflected in the continuing process of tradeliberalisation, broadly implicate the Community, the OCTs'principal trading partner, as well as their ACP neighbours andother economic partners. In the market access equation, the levelof tariffs plays an increasingly reduced role while trade in
services and trade-related areas assume an ever greater impor-
tance in the relationship between the OCTs and their economicpartners. That relationship should therefore be fostered, whileretaining the broad outline of the current trade arrangements, andthe conditions for the gradual integration of those OCTs who sowish into the regional and global economy simplified by helping
them to increase their capacity to handle all these new areas.
(20)The measures necessary for the implementation of this Decision
should be adopted in accordance with Council Decision 1999/
468/EC of 28 June 1999, laying down the procedures for the
exercise of implementing powers conferred on the Commis-sion(
1). However, so far as the implementation of the 9th EDF is
concerned, the voting and the majority should be as laid down inArticle 21 of the Internal Agreement between the representatives
of the Governments of the Member States, meeting within the
Council, on the financing and administration of Community Aidunder the Financial Protocol to the Partnership Agreementbetween the African, Caribbean and Pacific States and theEuropean Community and its Member States signed in Cotonou(Benin) on 23 June 2000 and the allocation of financial assistance2001D0822 — EN — 02.12.2001 — 000.001 — 4
(1) OJ L 184, 7.7.1999, p. 23.
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for the Overseas Countries and Territories to which Part Four of
the Treaty applies(1), hereinafter the ‘Internal Agreement’.
(21)The OCTs are fragile island environments requiring adequateprotection, including in respect of waste management. In respectof radioactive waste, this is provided under Article 198 of theEuratom Treaty and legislation adopted thereunder, except forGreenland, to which the Euratom Treaty does not apply. For other
waste, it should be specified which Community rules are to apply
in respect of the OCTs.
(22)The arrangements for association laid down in this Decisionshould not be applied to Bermuda in accordance with the wishes
of the Government of Bermuda.
(23)The Council should produce an innovative response to all the
above mentioned new factors which is both consistent andtailored to the variety of situations. A new status for the
association can provide such a response,
HAS DECIDED AS FOLLOWS:
PART ONE
GENERAL PROVISIONS OF THE ASSOCIATION OF THE
OCTs WITH THE COMMUNITY
Chapter 1
General provisions
Article 1
Purpose, objectives and principles
1. The association of the OCTs with the Community, hereinafter
referred to as the ‘OCT-EC Association’, shall have as its basis thepurpose set out in Article 182 of the Treaty, namely to promote theeconomic and social development of the OCTs and to establish close
economic relations between them and the Community as a whole.
It shall pursue the objectives laid down in Article 183 of the Treaty in
accordance with the principles set out in Articles 184 to 188 of theTreaty by focusing on the reduction, prevention and, eventually,eradication of poverty and on sustainable development and gradualintegration into the regional and world economies.
2. The association relates to the OCTs listed in Annex I A.3. In accordance with Article 188 of the Treaty, this Decision shall
apply to Greenland subject to the specific provisions set out in the
Protocol on the special arrangements for Greenland annexed to the
Treaty.
Article 2
Basic elements
1. The OCT-EC association shall be based on the principles of
liberty, democracy, respect for human rights and fundamental freedoms
and the rule of law. These principles, on which the Union is founded inaccordance with Article 6 of the Treaty on European Union, shall becommon to the Member States and the OCTs linked to them.
2. There shall be no discrimination based on sex, racial or ethnic
origin, religion or belief, disability, age or sexual orientation in the areasof cooperation referred to in this Decision.2001D0822 — EN — 02.12.2001 — 000.001 — 5
(1) OJ L 317, 15.12.2000, p. 355.
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Article 3
The least-developed OCTs
1. The Community shall accord special treatment to the least-
developed OCTs and to those unable to take advantage of the regionalcooperation and integration referred to in Article 16.
2. To respond to such difficulties, development finance cooperation
shall comprise, inter alia , special treatment when determining the
volume of financial resources and the conditions attached thereto inorder to enable the least-developed OCTs to overcome structural andother obstacles to their development. It shall pay special attention to
improving the living conditions of the poorest sections of the population
in the context of poverty alleviation.
3. The OCTs considered the least developed for the purposes of this
Decision are listed in Annex I B. This list shall be amended by decisionof the Council, acting unanimously on a proposal from the Commission,
where the economic situation of an OCT undergoes a significant and
lasting change, necessitating its inclusion in the category of least-developed OCTs or where its inclusion in that category is no longerwarranted.
Chapter 2
Actors of cooperation in the OCTs
Article 4
Principles
1. Within the framework of the partnership laid down in Article 7, the
OCT authorities shall assume primary responsibility for the formulationof association and development strategies and their implementationthrough the preparation, together with the Commission and the Member
State to which the OCT is linked, of Single Programming Documents
(hereinafter referred to as SPDs) and cooperation programmes.
2. The Community shall recognise that local public and private actors
play a key role in achieving the objectives laid down in Article 183 ofthe Treaty.
3. In implementing this Decision, the parties shall have as their
guiding principles transparency, subsidiarity and the need for efficiency.
Article 5
The different actors involved
1. Actors of cooperation in the OCTs shall include:
— the OCT authorities;
— the other regional and local authorities within the OCTs;— civil society, social, business and trade union associations, public
service providers and local, national or international non-govern-mental organisations (NGOs).
The Member States to which the OCTs are linked shall inform the
Commission within three months of the entry into force of this Decisionof the national, regional or local authorities referred to in the variousArticles of the Decision.
2. The recognition of non-governmental actors shall depend on their
capacity to meet the needs of the local population, their expertise andtheir having democratic and accountable organisation and management.
3. Non-governmental actors shall be identified by agreement between
the OCT authorities, the Commission and the Member State to which theOCT is linked, taking into account the subject concerned, their expertiseand field of activity. The process of identification shall be conducted ineach OCT as part of the process for the preparation of cooperationprogrammes referred to in Article 4.2001D0822 — EN — 02.12.2001 — 000.001 — 6
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Article 6
Responsibilities of the non-governmental actors
Non-governmental actors identified pursuant to Article 5(3) may play a
role in:
— information and consultation;
— the preparation and implementation of cooperation programmes;— decentralised cooperation in the context of responsibilities delegated
for the purpose of supporting local development initiatives.
Chapter 3
Principles and Procedures of the OCT-EC Partnership
Article 7
Dialogue and Partnership
1. With the aim of enabling the OCT to take a full part in the
implementation of the OCT-EC association, with due regard for the way
that the institutions of the Member States concerned are organised, theassociation shall use a consultation procedure based on the provisionsreferred to below. It shall deal with any issue arising in relationsbetween the OCTs and the Community.
2. A broad-based dialogue should enable the Community, all the
OCTs and the Member States to which they are linked to consult eachother on the principles, detailed procedures and results of theassociation.
An OCT-EU forum for dialogue, hereinafter referred to as the ‘OCT
Forum’, shall meet annually to bring together OCT authorities,representatives of the Member States and the Commission.
3. There shall be separate partnerships between the Commission, the
Member State to which the OCT is linked and each OCT, represented by
its authorities, to enable the objectives and principles of this Decision, in
particular those referred to in Articles 4 and 19 to be put into practice.This trilateral consultation shall hereinafter be referred to as the‘partnership’.
Partnership working parties, acting in an advisory capacity, shall be set
up for each OCT. Their membership shall comprise the abovementioned
three partners. These working parties may be convened at the request ofthe Commission, of a Member State or of an OCT. At the request of oneof the partners, several partnership working parties may hold jointmeetings to consider subjects of common interest or the regional aspects
of the association.
4. This consultation shall be conducted in full compliance with the
respective institutional, legal and financial powers of each of the threepartners.
The Commission shall chair the working parties and the OCT Forum and
provide their secretariat.
A representative of the European Investment Bank, hereinafter referred
to as the EIB, shall be present at meetings when matters concerning itare on the agenda.
5. The opinions of the working parties and the OCT Forum shall,
where appropriate, be the subject of Commission decisions, within thelimits of its powers, or of proposals from the Commission to the Councilwith aview to implementa tion of new elements of the OCT-ECassociation or its amendment on the basis of Article 187 of the Treaty.
Article 8
ACP-EU Joint Parliamentary Assembly
The OCT authorities shall be informed of the agenda, resolutions and
recommendations of the ACP-EU Joint Parliamentary Assembly.2001D0822 — EN — 02.12.2001 — 000.001 — 7
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Member States and the Commission shall support any request by OCT
authorities to participate as observers at the plenary sessions of the ACP-EU Joint Parliamentary Assembly, subject to the Assembly's own rules
of procedure.
Article 9
Management
Day-to-day management of this Decision shall be conducted by the
Commission and the OCT authorities and, should the need arise, by theMember State to which the OCT is linked, in accordance with theinstitutional, legal and financial powers of each of the partners, notablyas regards development finance cooperation and cooperation in the areaof trade and services.
PART TWO
THE AREAS OF OCT-EC COOPERATION
Article 10
Areas of cooperation
The Community shall contribute to cooperation in those areas in the
OCTs listed in this Title in accordance with the priorities established inthe development strategies for each OCT or, where appropriate, in theform of regional measures.
Article 11
Productive sectors
Cooperation shall support sectoral policies and strategies that facilitate
access to productive activities and resources, in particular:
(a) Agriculture: agricultural policy and institution building, diversi-
fication, irrigation, seed multiplication, crop protection measures,fertiliser production, equipment, agro-processing, livestock andcattle breeding, animal husbandry, extension and research;marketing; storage and transportation; food security; agricultural
credit; land settlement and reform, land use and registration policy,
technology transfer, irrigation and drainage infrastructure, othersupport services.
(b) Forestry: forestry policy and institution building, including use of
trees to conserve the environment in erosion and desertificationcontrol; afforestation; forest management, including the rationalutilisation and management of timber exports; issues relating totropical rain-forests; research and training.
(c) Fisheries: fishing policy and institution building, fish stock
protection and rational management of fish stocks; fish farming
and artisanal fisheries; fishery transport; cold storage and fish
marketing and preservation.
(d) Rural development: rural policy and institution building,
integrated rural development projects/programmes; assistance and
projects targeted at people, production and marketing in rural areas;rural infrastructure.
(e) Industry: sectoral policy and institution building; craft industries;
agro-industries and other manufacturing sectors, transport equipmentindustry; technological research and development; quality control;development and expansion of SMEs and micro-enterprises.
(f) Mining: sectoral policy and institution building, technological
research and development; small-scale mining, etc.
(g) Energy: energy policy and institution building; power generation
(non-renewable and renewable); efficient use of energy resources;energy research and training; encouraging private sector involve-ment in power generation and distribution.2001D0822 — EN — 02.12.2001 — 000.001 — 8
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(h) Transport: transport policy and institution building; transport by
road, rail, air, sea or inland waterway and storage facilities.
(i) Communication: communication policy and institution building;
telecommunications and media.
(j) Water: water policy and institution building; protecting water
resources, waste management, water supplies in rural and urbanareas for domestic, industrial or agricultural purposes; storage,
distribution and management of water resources.
(k) Banking, finance and business services: financial sector
policy and institution building, business services; privatisation,equity participation and marketing; support to trade, commerce andbusiness associations (including export promotion agencies);
financial and banking institutions.
(l) Technology development and application, research:
policy and institution building; concerted action at local, nationaland/or regional level for the promotion of science and technologyactivities and their application to production and promotion of
computer literacy in the public and private sectors, scientific
programmes and equipment for research.
Article 12
Trade development
1. The Community shall implement measures for the development of
trade at all stages up to final distribution of the product.
The object is to ensure that the OCTs derive the maximum benefit from
the provisions of his Decision and may participate under the most
favourable conditions in the Community, domestic, sub-regional,
regional and international markets by diversifying the range andincreasing the value and the volume of OCT trade in goods and services.
2. In addition to developing trade between the OCTs and the
Community, particular attention shall be given to operations designed toincrease the OCTs' self-reliance and improve regional cooperation intrade and services.
3. Within the instruments provided for in this Decision and in
accordance with the provisions set out in relation thereto, operations
shall be undertaken at the request of the OCT authorities, particularly in
the following areas:
(a) support for the definition of appropriate macroeconomic policies
necessary for trade development;
(b) support for the creation or reform of appropriate legal and
regulatory frameworks as well as for the reform of administrativeprocedures;
(c) the establishment of coherent trade strategies;
(d) support for OCTs in developing their internal capacities, informa-
tion systems and awareness of the role and importance of trade ineconomic development;
(e) support for strengthening the infrastructure related to trade and in
particular support for the OCTs' efforts to develop and improvesupportive service infrastructure, including transport and storagefacilities, in order to ensure their effective participation in thedistribution of goods and services and in order to enhance the flow
of exports from the OCTs;
(f) development of human resources and professional skills in the field
of trade and services, in particular in the processing, marketing,distribution and transport sectors for the Community, regional andinternational markets;
(g) support to private sector development and, in particular, to SMEs
for product identification and development, market outlets andexport-oriented joint ventures;
(h) support for OCT actions aimed at encouraging and attracting
private investment and joint venture operations;2001D0822 — EN — 02.12.2001 — 000.001 — 9
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(i) the establishment, adaptation and strengthening of organisations in
the OCTs dealing with the development of trade and services,particular attention being paid to the special needs of organisations
in the least-developed OCTs;
(j) support for OCTs aiming to improve the quality of their products,
adapt them to market requirements and diversify their outlets;
(k) support for OCT efforts to penetrate third country markets more
effectively;
(l) market development measures including increasing contacts and
exchange of information between economic operators in OCTs,ACP States, the Member States and in third countries;
(m) support for OCTs in the application of modern marketing
techniques in production-oriented sectors and programmes, inparticular in areas such as rural development and agriculture;
(n) the establishment and development of insurance and credit
institutions in the field of trade development.
4. Support for OCTs' participation in trade fairs, exhibitions and trade
missions shall be carried out only where such events form an integralpart of overall trade and market development programmes.
5. Participation of the least-developed OCTs in various trade
activities shall be encouraged by special provisions, inter alia , the
payment of travel expenses of personnel and costs of transportingexhibits, on the occasion of their participation in local, regional and
third-country fairs, exhibitions or trade missions, including the cost of
the temporary construction and/or renting of exhibition booths and stalls.The least-developed OCTs shall be granted special aid to assist in thepreparation and/or purchase of promotional materials.
Article 13
Trade in services
1. The Community agrees to develop and finance infrastructure and
human resources as regards trade in services in accordance with thepriorities established under the development strategies for each OCT.
2. The Community shall contribute to the development and promo-
tion of cost-effective and efficient maritime transport services in the
OCTs, by:
(a) promoting the efficient shipment of cargo at economically and
commercially meaningful rates;
(b) implementing good policies and competition rules;
(c) facilitating greater OCT participation in international shipping
services;
(d) encouraging regional programmes of maritime transport and trade
development;
(e) increasing local private sector involvement in shipping activities.
The Community and the OCTs undertake to promote shipping safety,
security of crews and the prevention of pollution.
3. The Community shall step up cooperation with the OCTs so as to
ensure regular improvement and growth in air traffic.
This shall involve:
(a) examining all means of reforming and modernising the OCT air
transport industries;
(b) promoting their commercial viability and competitiveness;
(c) encouraging higher levels of private sector investment and
participation and a greater exchange of knowledge and good
business practice;
(d) providing passengers and exporters in all OCTs with access to global
air transport networks.2001D0822 — EN — 02.12.2001 — 000.001 — 10
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4. Safety must be ensured in the air transport sector and the relevant
international standards introduced and implemented.
To that end, the Community shall assist the OCTs in:
(a) implementing air navigation safety systems, including the Commu-
nications, Navigation and Surveillance/Air Traffic Management(CNS/ATM) system;
(b) implementing airport security and strengthening the capacity of civil
aviation authorities to manage all aspects of operational securityplaced under their control;
(c) developing infrastructures and human resources;
(d) ensuring that any measures taken in this field are based on advice
from the relevant international organisations and that they will beeffective and sustainable in the long term.
5. Proper attention must be paid to minimising the environmental
impact of air transport, in particular by means of appropriateenvironmental impact studies.
6. In many aspects of air transport, regional solutions may offer scope
for greater cost effectiveness and economies of scale. To that end, theCommunity undertakes to support and encourage actions on a regional
level where appropriate.
7. Since telecommunication and active participation in the informa-
tion society are prerequisites for the successful integration of the OCTsinto the world economy, the Community and the OCTs reconfirm theirrespective commitments under existing multilateral agreements, inparticular the World Trade Organisation (WTO) Agreement on BasicTelecommunications.
8. The Community shall support the efforts of the OCTs to increase
their capacity in the field of trade in services. Cooperation shall cover,
inter alia , the following areas:
(a) promoting consultations between competent telecommunications
bodies in the OCTs and the Community with a view to encouragingdevelopment of acompetitive telecommunica tions environmentbringing rates closer to costs;
(b) establishment of a dialogue on different aspects of the information
society, including regulatory aspects and communications policy;
(c) information exchanges and possible technical assistance on regula-
tion, standardisation, conformity testing and certification ofinformation and communications technologies and the use offrequencies;
(d) dissemination of new information and communications technologies
and the development of new facilities, particularly in relation tointerconnection of networks and interoperability of applications;
(e) promotion and implementation of joint research in the field of new
technologies related to the information society;
(f) design and implementation of programmes and policies to raise the
awareness of the economic and social benefits deriving from theinformation society.
9. Cooperation shall, in particular, be directed towards greater
complementarity and harmonisation of communication systems at local,national, regional, inter-regional and international level and theiradaptation to new technologies.
10. The Community shall support measures and operations to develop
and support sustainable tourism. These measures shall be implemented
at all levels, from the identification of the tourist product to themarketing and promotion stage.
The aim shall be to support the efforts of the authorities of the OCT to
derive maximum benefit from local, regional and international tourismin view of tourism's impact on economic development and to stimulateprivate financial flows from the Community and other sources into thedevelopment of tourism in the OCTs. Particular attention shall be given2001D0822 — EN — 02.12.2001 — 000.001 — 11
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to the need to integrate tourism into the social, cultural and economic
life of the people, as well as to respect for the environment.
Specific tourism development measures shall be aimed at the definition,
adaptation and development of appropriate policies at local, regional,sub-regional and international levels. Tourism development programmesand projects shall be based on these policies on the basis of the
following four components:
(a) human resource and institutional development, inter alia :
— professional management development in specific skills and
continuous training at appropriate levels in the private and publicsectors to ensure adequate planning and development;
— establishment and strengthening of tourism promotion centres;
— education and training for specific segments of the population
and public/private organisations active in the tourism sector,including personnel involved in sectors that support tourism;
— inter-OCT and OCT-ACP cooperation and exchanges in the
fields of training, technical assistance and the development ofinstitutions.
(b) the development of products including, inter alia :
— identification of the tourism product, development of non-
traditional and new tourism products, adaptation of existingproducts including the preservation and development of culturalheritage, ecological and environmental aspects, management,
protection and conservation of flora and fauna, historical, social
and other natural assets, development of ancillary services;
— promotion of private investment in the OCTs' tourist industries,
including the creation of joint ventures;
— production of crafts of a cultural nature for the tourist market.
(c) market development including, inter alia :
— assistance for the definition and execution of objectives and
market development plans at local, sub-regional, regional andinternational levels;
— support for the OCTs' efforts to gain access to services for the
tourist industry such as central reservation systems and air traffic
control and security systems;
— marketing and promotional measures and materials in the
framework of integrated market development plans andprogrammes with a view to improved market penetration, aimedat the main generators of tourism flows in traditional and non-
traditional markets as well as specific activities such as
participation at specialised trade events, such as fairs, productionof quality literature, films and marketing aids;
(d) research and information including, inter alia :
— improving tourism information and collecting, analysing,
disseminating and utilising statistical data;
— assessment of the socio-economic impact of tourism on the
economies of the OCT with particular emphasis on the
development of linkages to other sectors in the OCT and the
surrounding regions, such as food production, construction,technology and management.
Article 14
Trade-related areas
1. The Community shall help reinforce, within the development
strategies of each OCT, the capacity of the OCTs to handle all areas
related to trade, including where necessary improving and supporting theinstitutional framework.
2. The Community shall cooperate with the OCTs in the introduction
of the general principles on protection and promotion of investments.
3. The Community shall also help to reinforce cooperation with the
OCTs with a view to formulating and supporting effective competition2001D0822 — EN — 02.12.2001 — 000.001 — 12
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policies with the appropriate competition agencies that progressively
ensure the efficient enforcement of the competition rules by both privateand state enterprises. Cooperation in this area shall, in particular, include
assistance in the drafting of an appropriate legal framework and its
administrative enforcement with particular reference to the leastdeveloped OCTs.
4. The Community shall continue to foster cooperation with the
OCTs and extend it, in particular, to the following areas:
(a) the preparation of laws and regulations for the protection and
enforcement of intellectual property rights, the prevention of the
abuse of such rights by rightholders and the infringement of such
rights by competitors, the establishment and reinforcement of local,national and regional offices and other agencies including supportfor regional intellectual property organisations involved in enforce-ment and protection, including the training of personnel;
(b) the conclusion of agreements aimed at protecting trademarks and
geographical indications for products of particular interest.
5. The Community shall assist the OCTs in their efforts with regard
to standardisation and certification aimed at promoting compatiblesystems between the Community and the OCTs. Cooperation shall
comprise the following in particular:
(a) measures to promote greater use of international technical regula-
tions, standards and conformity assessment procedures, includingsector-specific measures, in accordance with the level of economic
development of the OCTs;
(b) cooperation in the area of quality management and assurance in
selected sectors of importance to the OCTs;
(c) support for OCT capacity building initiatives in the fields of
conformity assessment, metrology and standardisation;
(d) developing links between OCT and European standardisation,
conformity assessment and certification institutions.
6. The Community shall help strengthen cooperation with the OCTs
with regard to human, animal and plant health measures with a view to
building public and private sector capacity in this area.
7. Bearing in mind the Rio Principles and with a view to reinforcing
the mutual supportiveness of trade and environment policies, the
Community shall enhance cooperation with the OCTs. The aim ofcooperation shall in particular be to:
(a) establish coherent local, national, regional and international policies;
(b) reinforce quality controls of goods and services related to the
environment;
(c) improve environment-friendly production methods in relevant
sectors.
8. The Community shall cooperate with the OCTs in relation to
labour standards. Cooperation in this area shall mainly consist of:
(a) exchanges of information on respective labour laws and regulations;
(b) assistance in the formulation of labour legislation and strengthening
of existing legislation;
(c) educational and awareness-raising programmes aimed at eliminating
child labour;
(d) enforcement of labour legislation and regulations.
9. The Community shall cooperate with the OCTs in the area of
consumer policy and consumer health protection by:
(a) improving institutional and technical capacity in this area;
(b) establishing rapid-alert systems of mutual information on dangerous
products;2001D0822 — EN — 02.12.2001 — 000.001 — 13
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(c) exchanging information and experiences on the establishment and
operation of post-market surveillance of products and productsafety;
(d) improving information provided to consumers on prices, character-
istics of products and services offered;
(e) encouraging the development of private consumer associations and
contacts between consumer-interest representatives;
(f) improving compatibility of consumer policies and systems;
(g) informing on the entry into force of legislation and promoting
cooperation in investigating harmful or unfair business practices;
(h) implementing exports prohibitions on the trade of goods and
services the marketing of which has been prohibited in their countryof production.
10. The Community shall support the efforts deployed by the OCT
public and private actors in the field of information technology andtelecommunications to:
(a) modernise telecommunications infrastructure, data transmission
services, remote processing applications and telematics application
projects (TAP);
(b) develop and improve the services and the human capacity needed for
achieving the information society, and integrate those services in the
best possible way in a regional context;
(c) improve awareness of economic opportunities and exchanges of
experience and of know-how;
(d) provide better information to the users of those resources;
(e) exploit the potential of this sector in an optimum and sustainable
manner;
(f) develop the use of communications and information technology in
the field of education, including distance learning;
(g) increase electronic commerce and economic cooperation;
(h) improve and modernise health networks, through the development of
links between hospitals, the use of remote diagnosis and the creationof joint databases;
(i) develop multimedia access to cultural and tourist resources;(j) improve and increase the use of information and communications
technology in industry and for innovation.
Article 15
Social sectors
The Community shall contribute, within the development strategies of
each OCT, to human and social development measures. Cooperation
could in particular support programmes in the following sectors:
(a) Education policy and institution building (buildings and materials);
language and teacher training; primary education; secondaryeducation and vocational training; higher education (includingsector-specific education activities, e.g. agricultural training).
In education, the focus should be on widening access to and
improving the quality of basic education by constructing moreschools, rehabilitating existing classrooms and providing educational
materials, teacher training, and bursaries for poor students;
(b) Health sector reform activities, health policy and institution
building; medical education, training and research, health infra-structure; HIV/AIDS.
In the health sector, projects should help to provide primary and
preventive care services, particularly family planning and child andmaternal health services;2001D0822 — EN — 02.12.2001 — 000.001 — 14
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(c) Population policy and family planning; mother and child care,
including support for projects on the nurturing and development ofthe next generation.
(d) Increasing the efficiency of policies to prevent the production,
distribution and trafficking of all kinds of drugs, narcotics and
psychotropic substances, preventing and reducing drug abuse, takinginto account work done in this context by international bodies.
Cooperation shall comprise the following:
(i) training, education, health promotion and rehabilitation of
addicts, including projects for the reintegration of addicts intowork and social environments;
(ii) measures to encourage alternative economic opportunities, for
example programmes for the alternative development of areasused for the illicit production of narcotic plants, linked toeffective enforcement measures;
(iii) technical, financial and administrative assistance relating to the
monitoring of precursors trade, and the establishment ofstandards equivalent to those adopted by the Community andinternational authorities concerned;
(iv) technical, financial and administrative assistance relating to the
prevention, treatment and reduction of drug abuse;
(v) technical assistance and training, and the establishment of
standards to prevent money laundering equivalent to thoseadopted by the Community and other international bodies, in
particular the Financial Action Task Force on Money
Laudering;
(vi) exchange of relevant information for the implementation of
points (a) to (d).
(e) Water policy and institution building; water resources protection;
waste management (water for agriculture or energy will be covered
under the relevant sector).
In the water supply and sanitation sector, the aim shall be to provide
services in under-served areas. Funding that supports increasingaccess to drinking water supply and sanitation services contributesdirectly to human resources development by improving the state ofhealth, and thus increasing the productivity, of people who do not
already have access to these services; the continuing need to extend
basic services in water, sanitation, and transport to both urban andrural populations must be addressed in environmentally sustainableways.
(f) The Community shall cooperate with the OCTs in the conservation,
sustainable use and management of their biological diversity takinginto account the Community Action Plan on biological diversity.
Cooperation in this area may, in particular, extend to:
(i) supporting the elaboration, updating and implementation of
national biodiversity strategies and action plans;
(ii) facilitating the establishment of local, regional and sub-regional
mechanisms for the exchange of information and the moni-toring and assessment of progress in the implementation of the
Convention on Biological Diversity (CBD)(
1);
(iii) developing and maintaining up-to-date databases on OCT
biological diversitys;
(iv) implementing appropriate measures relating to the access to
genetic resources;
(v) promoting the conclusion of agreements with the private sector
for the use of the country's genetic resources, so that localcommunities may effectively benefit from the economic
revenue derived from such agreements and so that the use of
genetic resources does not harm the protection and conservationof the biodiversity;2001D0822 — EN — 02.12.2001 — 000.001 — 15
(1) Council Decision 93/626/ ΕEC of 25 October 1993 concerning the conclusion
of the convention on Biological Diversity (OJ L 309, 13.12.1993, p. 1).
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(vi) assisting the OCTs to participate actively in the policy-making
process and negotiations under the CBD.
(g) Housing and integrated urban development projects and
programmes.
In urban development, efforts shall focus on building or rehabili-
tating roads and other basic infrastructure, including low-incomehousing.
Article 16
Regional cooperation and integration
Cooperation shall ensure that effective aid is provided in order to
achieve the objectives and priorities established by the competent OCT
authorities in the framework of regional and sub-regional cooperation
and integration:
1. Regional cooperation shall cover operations agreed on between:
(a) two or more OCTs;
(b) one or more OCTs and one or more neighbouring ACP or non-
ACP States;
(c) one or more OCTs and one or more ACP States or one or more of
the most remote regions referred to in Article 299(2) of the
Treaty (Guadeloupe, Guyana, Martinique, Réunion, the Canary
Islands, Azores and Madeira);
(d) two or more regional bodies of which OCTs are members;
(e) one or more OCTs and regional bodies of which OCTs, ACP
States or one or more of the most remote regions are members.
2. The objectives of cooperation in this context shall be to:
(a) foster the gradual integration of the OCTs into the world
economy;
(b) accelerate economic cooperation and development within the
regions of the OCT and between them and the regions of the ACP
States;
(c) promote the free movement of persons, goods, services, capital,
labour and technology;
(d) accelerate economic diversification and the coordination and
harmonisation of regional and sub-regional cooperation policies;
(e) promote and foster inter-OCT and intra-OCT trade as well as
trade with the most remote regions, ACP States or other third
countries.
3. In the context of regional integration, the aim of cooperation shall be
to:
(a) build and enhance the capacity of regional cooperation and
integration organisations and institutions to promote regionalcooperation and integration;
(b) encourage the least developed OCTs to take part in the
development of regional markets and benefit therefrom;
(c) implement sectoral reform policies at regional level;
(d) liberalise trade and payments;
(e) stimulate cross-border foreign and domestic investment and other
regional or sub-regional economic integration initiatives;
(f) take account of the net transitional cost of regional integration on
budget revenue and balance of payments.
4. Cooperation shall, in the area of regional cooperation, cover a wide
variety of functional and thematic fields which specifically address
common problems and take advantage of economies of scale,including:
(a) infrastructure, particularly transport and communications infra-
structure and related safety problems, energy;2001D0822 — EN — 02.12.2001 — 000.001 — 16
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(b) the environment, water resource management;
(c) health, education and training;
(d) research and scientific and technical cooperation;
(e) regional disaster preparedness and alleviation initiatives;
(f) other areas, e.g. arms controls, drugs, organised crime, money
laundering, fraud and corruption.
5. Cooperation shall also support inter-regional, inter-OCT and inter-
ACP cooperation schemes and initiatives.
Article 17
Cultural and social cooperation
Cooperation shall contribute to the self-reliant development of the
OCTs, this being aprocess centred on people themselves a nd rooted ineach people's culture. The human and cultural dimension shall embraceall areas and be reflected in all development projects and programmes.Cooperation shall back up the policies and measures adopted by thecompetent OCT authorities to enhance their human resources, increase
their own creative capacities and promote their cultural identities. It
shall foster participation by the population in the process of develop-ment.
Cultural and social cooperation shall be expressed through:
— the taking into account of the cultural and social dimension;
— promotion of cultural identities and intercultural dialogue, with
particular reference to preserving the cultural heritage, the produc-tion and dissemination of cultural products, cultural events and
information and communication;
— operations to enhance human resources, notably covering education
and training, scientific and technical cooperation, the role of womenin development, health and combating drug abuse, population anddemography.
PART THREE
INSTRUMENTS OF OCT-EC COOPERATION
TITLE I
DEVELOPMENT FINANCE COOPERATION
Chapter 1
General provisions
Article 18
Objectives
The objective of development finance cooperation shall be, through the
provision of adequate financial resources and appropriate technicalassistance, to:
(a) support and promote the OCTs' own efforts to achieve sustainable
social, cultural and economic development on the basis of mutual
interest and in a spirit of interdependence;
(b) help raise the standard of living of the peoples of the OCTs;
(c) promote measures likely to mobilise the capacity for initiative of
communities, groups, associations and individuals and theirparticipation in the design and implementation of developmentprogrammes;
(d) contribute to the fullest participation of the population in the
benefits of development in the interests of alleviating poverty;
(e) contribute to the development of the capacity of the OCTs to
innovate, adapt and transform local technologies and to masterappropriate new technologies;2001D0822 — EN — 02.12.2001 — 000.001 — 17
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(f) support the efforts of the OCTs to achieve economic diversification,
inter alia by contributing to sustainable exploration, conservation,
processing and exploitation of their natural resources;
(g) provide support for and promote the optimal development of human
resources in the OCTs;
(h) facilitate an increase in the financial flows to the OCTs that meet
their evolving needs and support the efforts of the OCTs toharmonise international cooperation for their development throughcofinancing of operations with other financing agencies or third
parties;
(i) promote direct private investment in the OCTs, support the
development of a healthy, prosperous and dynamic OCT private
sector and encourage local, national and foreign private investment
flows into the productive sectors in the OCTs;
(j) encourage inter-OCT and OCT-ACP regional cooperation, soli-
darity and integration;
(k) permit the establishment of more balanced economic and social
relations and better understanding between the OCTs, ACP States,
Member States and the rest of the world, with a view to assisting
the integration of the OCTs into the world economy;
(l) enable OCTs faced with serious economic and social difficulties of
an exceptional nature resulting from natural disasters or extra-
ordinary circumstances having comparable effects to benefit fromemergency assistance;
(m) help the least-developed OCTs to overcome the specific obstacles
which hamper their development efforts.
Article 19
Principles
1. Development finance cooperation shall be based on partnership,
complementarity and subsidiarity and shall:
(a) be implemented, in accordance with the association and develop-
ment strategies adopted pursuant to Article 4, with due regard to theOCTs respective geographical, social and cultural characteristics, aswell as their specific potential;
(b) ensure that resource flows are accorded on a predictable and regular
basis;
(c) be flexible and tailored to the situation in each OCT.
2. Member States shall cooperate with the Commission to ensure
sound financial management in the use of Community funds.
3. Following a partnership approach, Community activities shall be
decided in close consultation between the Commission, the OCT
authorities concerned and the Member State to which it is linked. Suchpartnership shall be conducted in full compliance with the respectiveinstitutional, legal and financial powers of each of the partners.
4. Without prejudice to the second subparagraph of Article 25(1),
Community and Member States contributions shall be complementary.
5. In accordance with the principle of subsidiarity, the authorities of
the OCT concerned shall be responsible for implementing operationswithout prejudice to the powers of the Commission designed to ensuresound financial management in the use of Community funds.
Article 20
Single Programming Documents
1. Pursuant to Article 4, the OCT authorities, the Commission and the
Member State to which the OCT is linked, acting in partnership, shalllay down the strategy and the priority aims on which the SPD is to bebased.2001D0822 — EN — 02.12.2001 — 000.001 — 18
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2. The OCT authorities shall be responsible for:
(a) establishing their priorities on which the cooperation strategy should
be based;
(b) in the framework of sectoral planning, identifying projects and
programmes and establishing back-up measures to ensure thesustainability and viability of the proposed schemes;
(c) preparing project and programme dossiers;
(d) preparing, negotiating and concluding contracts;
(e) implementing and managing projects and programmes;
(f) maintaining projects and programmes and ensuring their sustain-
ability.
3. The relevant authorities of the OCTs and the Commission shall be
jointly responsible for:
(a) adopting the SPD;
(b) ensuring equality of conditions for participation in invitations to
tender and contracts;
(c) monitoring and evaluating the effects and results of projects and
programmes;
(d) ensuring the proper, prompt and efficient execution of projects and
programmes.
4. The Commission shall be responsible for taking the financing
decision on the overall allocation corresponding to the SPD, in
accordance with the procedure referred to in Article 24.
5. Unless otherwise provided in this Decision, all decisions requiring
the approval of a party to the association shall be approved, or bedeemed approved, within six months of notification by the other party.
Article 21
Scope of financing
Within the framework of the strategy and priorities established by the
OCT concerned at local or regional level, financial support may be givento operations helping to achieve the objectives set out in this Decision.
The following activities shall fall within its scope:
(a) sectoral policies and reforms as well as projects that are in
coherence with them;
(b) institutional development, capacity building and integration of
environmental aspects;
(c) technical cooperation programmes;
(d) humanitarian aid and emergency relief operations;
(e) additional support in the event of fluctuations in export earnings
from exports of goods and services.
Article 22
Eligibility for financing
1. The following entities or bodies shall be eligible for financial
support provided under this Decision:
(a) OCTs;
(b) regional or inter-State bodies to which one or more OCTs belong
and which are authorised by their relevant authorities;
(c) joint bodies set up by the Community and the OCTs to pursue
certain specific objectives.2001D0822 — EN — 02.12.2001 — 000.001 — 19
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2. Subject to the agreement of the authorities of OCTs concerned, the
following shall also be eligible for support:
(a) local, national and/or regional public or semi-public agencies,
departments or local authorities of the OCTs and in particular theirfinancial institutions and development banks;
(b) companies and firms of the OCTs and of regional groups;
(c) enterprises of a Member State, so as to enable them, in addition to
their own contribution, to undertake productive projects in the
territory of an OCT;
(d) OCT or Community financial intermediaries promoting and
financing private investments in the OCTs;
(e) actors of decentralised cooperation and other non-State actors from
OCTs and from the Community, to enable them to undertakeeconomic, cultural, social and educational projects and programmesin the OCTs in the framework of decentralised cooperation, asreferred to in Article 29.
Article 23
Programming and implementation
The Commission shall adopt the implementing provisions for this Part of
the Decision and for Annexes II A to D within 12 months of its entryinto force, in accordance with the procedure laid down in Article 24 and
in cooperation with the OCTs in accordance with Article 7.
It shall support the full utilisation by the OCTs of the instruments laid
down in this Decision, in particular the trade and financial provisions, byproviding the relevant guidelines and information within 12 months of
its entry into force.
The provisions shall include in particular:
(a) the procedure for preparing the SPD and its essential elements;
(b) the procedures and criteria for the follow-up, audit, ex-ante, mid-
term and ex-post evaluation, review and implementation of the SPD,including those in relation to the Commission's participation in theseactivities;
(c) the preparation of periodical or other reports;
(d) detailed rules for the financial corrections referred to in Article 32.
The financial and accounting procedures shall be laid down in the 9th
EDF Financial Regulation.
Article 24
The EDF-OCT Committee
1. The Commission shall, where appropriate, be assisted by the
Committee created by the Internal Agreement, hereinafter referred to inthis Article as ‘the Committee’.
2. When exercising the powers conferred on it by this Decision, the
Committee shall be known as the ‘EDF-OCT Committee’. The internalrules of procedure of the Committee created by the Internal Agreementshall apply to the EDF-OCT Committee.
3. The Committee shall focus its work on the substantive issues of
development cooperation at OCT and regional level. In the interests ofcoherence, coordination and complementarity, it shall monitor theimplementation of the SPDs.
4. The Committee shall give its opinion on:
(a) draft SPDs and any amendments to them;
(b) the implementing provisions for this Part of the Decision and for
Annexes II A to D.
5. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shall2001D0822 — EN — 02.12.2001 — 000.001 — 20
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deliver its opinion on the draft within a time limit laid down by the
chairman. The opinion shall be delivered by the majority laid down inArticle 21(4) of the Internal Agreement. The votes of the representatives
of the Member States within the Committee shall be weighted in the
manner set out in paragraph 3 of that Article. The chairman shall notvote.
6. The Commission shall adopt the measures, which shall apply
immediately. However, if the measures are not in accordance with theopinion of the Committee they shall be communicated by theCommission to the Council forthwith. In that event, the Commission
may defer application of the measures which it has decided on for a
period of not more than three months from the date of suchcommunication.
7. The Council, acting by the majority and in accordance with the
weighting referred to in paragraph 5, may take a different decisionwithin the period provided for in paragraph 6.
8. The Commission shall inform the Committee of the follow-up,
evaluation and audit of SPDs.
Chapter 2
Resources made available to the OCTs
Article 25
Financial assistance
1. The overall amount of Community financial assistance for the
purposes of Chapter 1, its allocation, financing terms and arrangements
and of the use of the assistance for the period from 2000 to 2007 can be
found in Annexes II A to D and in Chapter 3, without prejudice to theprovisions to be adopted by the Commission as laid down in Article 24.
Financial assistance under this Decision may be used to cover the total
cost of both the local and foreign expenditure of projects andprogrammes, including financing of recurrent costs.
2. OCTs are also eligible for financing under the legislation in force
in favour of the developing countries listed in Annex II E and for theCommunity programmes listed in Annex II F.
Chapter 3
Private Sector Investment Support
Article 26
Investment promotion
The authorities of the OCT, Member States and the Community,
recognising the importance of private investment in the promotion of
their development cooperation and acknowledging the need to take stepsto promote such investment, shall:
(a) implement measures to encourage participation in their development
efforts by private investors who comply with the objectives andpriorities of OCT-EC development cooperation and with theappropriate laws and regulations;
(b) accord fair and equitable treatment to such investors;
(c) take measures and actions which help to create and maintain a
predictable and secure investment climate as well as enter intonegotiations on agreements which will improve such a climate;
(d) promote effective cooperation among OCT economic operators and
between them and those of the Community in order to increase the
flow of capital, management skills, technology and other forms ofknow-how;
(e) seek to promote a greater flow of private resources between the
Community and the OCTs by contributing, interalia , to the removal2001D0822 — EN — 02.12.2001 — 000.001 — 21
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of obstacles which impede OCT operators' access to international
capital markets, including those of the Community;
(f) create an environment which encourages the development of
financial institutions and the mobilisation of resources which areessential to capital formation and the growth of entrepreneurship;
(g) promote the development of enterprises by taking such steps as are
necessary to improve the business environment and, in particular,
foster a legal, administrative and incentive framework which isconducive to the emergence and development of dynamic privatesector enterprises including grassroots operations;
(h) strengthen the capacity of local institutions in the OCTs to provide
the range of services which can encourage greater local participation
in industrial and business activity.
Article 27
Investment support and financing
Cooperation will provide long-term financing to help promote private
sector growth and mobilise national and foreign capital to that effect. To
this end, cooperation shall in particular provide:
(a) grants to cover technical and financial assistance in support of
human resource development, institutional capacity building, orother forms of institutional aid linked to a specific investment;measures designed to make enterprises more competitive and build
the capacity of private financial and non-financial intermediaries;
measures to facilitate and promote investment and activities toimprove competitiveness;
(b) advisory and consultancy services to help create an investment-
friendly climate and a stock of information to help guide and
encourage capital flows;
(c) grants funded by the Investment Facility referred to in Annex II C;
(d) loans from the EIB's own resources.
The conditions applicable to the Investment Facility and the above-
mentioned loans are laid down respectively in Annexes II B and C.
Chapter 4
Additional support in the event of fluctuations in export earnings
Article 28
Additional support
1. In order to mitigate the adverse effects of any short-term
fluctuations in export earnings, in particular in the agricultural andmining sectors, which might jeopardise the attainment of the develop-ment objectives of the OCT concerned, asystem of a dditiona l support
shall be instituted within the financial allocation referred to in Annex II
A.
2. The purpose of support in the event of short-term fluctuations in
export earnings is to safeguard macroeconomic and sectoral reforms andpolicies that are at risk as a result of a drop in revenue and remedy theadverse effects of instability of export earnings in particular fromagricultural and mining products.
3. The dependence of the OCT economies on exports, in particular in
the agricultural and mining sectors, shall be taken into account in the
allocation of resources referred to in Annex II D. In this context, theleast developed OCTs shall receive more favourable treatment.
4. The additional resources shall be provided in accordance with the
specific modalities of the support mechanism as set out in Annex II D.
5. The Community shall also provide support for market-based
insurance schemes designed for OCTs seeking to protect themselvesagainst the risk of fluctuations in export earnings.2001D0822 — EN — 02.12.2001 — 000.001 — 22
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Chapter 5
Support for other actors of cooperation
Article 29
Objectives and financing
1. In order to respond to the development needs of local communities
and encourage all actors of decentralised cooperation which are in a
position to contribute to the autonomous development of the OCTs to
put forward and implement initiatives, OCT-EC cooperation shallsupport such development operations within limits laid down by theOCTs concerned and by the Member States to which these OCTs arelinked, and within the framework of the SPD provisions.
2. In this context, financial support shall be given to decentralised
projects and microprojects as follows:
(a) The cooperation partners eligible for financial support under this
Chapter shall be decentralised cooperation agents in the Communityor the OCTs or other developing countries, namely: local authorities,non-governmental organisations, local traders' associations and localcitizens' groups, cooperatives, trade unions, women's and youthorganisations, teaching and research institutions, churches and any
non-governmental associations likely to contribute do development.
This form of cooperation shall make available for the development
of the OCTs the capabilities, innovative operating methods andresources of the actors of decentralised cooperation. Support willtake account in particular joint actions between Community, OCTand other developing countries;
(b) Local microprojects shall have an economic and social impact on the
life of the people, meet a demonstrated and observed priority need
and be undertaken at the initiative and with the active participation
of the local community which will benefit therefrom.
3. Projects or programmes under this form of cooperation may be a
way of achieving the specific objectives of the SPD or the results of
initiatives by local communities or decentralised actors.
4. The support provided for under this Chapter shall be additional or,
if need be, complementary in respect of the provisions in Annex II E.
5. Contributions to the funding of microprojects and decentralised
cooperation shall come from grants, in which case the contribution shallnot normally exceed three-quarters of the total cost of each project. The
balance shall be financed:
(a) for microprojects, by the local community concerned, in kind or in
the form of services or cash and adapted to its capacity to contribute;
(b) for decentralised cooperation, by the actors of decentralised
cooperation, provided that the financial, technical, material and
other resources brought in by such actors is not, as a general rule,
less than 25 % of the estimated cost of the project/programme;
(c) in exceptional cases where both microprojects and decentralised
cooperation are concerned, by the authorities of the OCT concerned,either in the form of financial contribution or through the use ofpublic equipment or the supply of services.
The procedures applicable to projects and programmes financed in the
context of microprojects or decentralised cooperation shall be as set outin this Decision, notably with regard to the SPD implementingprovisions.2001D0822 — EN — 02.12.2001 — 000.001 — 23
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Chapter 6
Support for humanitarian and emergencyaid
Article 30
Objectives and means
1. Humanitarian and emergency aid shall be granted to OCTs faced
with serious economic and social difficulties of an exceptional natureresulting from natural disasters or extraordinary circumstances having
comparable effects. Humanitarian and emergency aid shall be
maintained as long as necessary to deal with the urgent problems whicharise in such situations.
Humanitarian and emergency aid shall be granted solely on the basis of
the needs and interests of disaster victims.
2. The aim of humanitarian and emergency aid shall be to:
(a) save human lives in crisis and post-crisis situations caused by
natural disasters or extraordinary circumstances having comparableeffects;
(b) help finance the transport of aid and efforts to ensure that it is
accessible to those for whom it is intended, by all logistical meansavailable;
(c) implement short-term rehabilitation and reconstruction measures in
order to establish conditions as soon as possible for the people
concerned to be integrated or reintegrated;
(d) respond to needs arising as a result of people being displaced, such
as refugees, displaced persons and returnees following natural orman-made disasters so as to meet all the requirements of refugeesand displaced persons wherever they may be for as long as isnecessary and facilitate their voluntary resettlement;
(e) help the OCTs to develop or perfect systems of disaster prevention
and preparedness, including prediction and early-warning systems,
with aview to reducing the consequences of disa sters.
3. Similarly aid may be granted to OCTs taking in refugees or
returnees to meet acute needs not covered by emergency assistance.
4. Aid provided for by this Article shall be financed from the
Community budget. However, it may exceptionally be financed from theallocations laid down in Annex II A, in addition to the funding from thebudget heading concerned.
5. Humanitarian and emergency aid operations shall be undertaken at
the request of the OCT affected, the Commission, the Member State towhich the OCT is linked, international organisations or local or
international non-governmental organisations. Such aid shall be
administered and implemented under procedures that facilitate rapid,flexible and effective operations.
Chapter 7
Implementation Procedures
Article 31
Technical assistance
1. On the initiative of or on behalf of the Commission, studies or
technical assistance measures may be financed in order to ensure the
preparation, monitoring, evaluation and supervision necessary for
implementing this Decision.
Such studies or technical assistance measures shall be financed by the
overall grant allocation.
2. On the initiative of the OCT, studies or technical assistance
measures may be financed in relation to the implementation of theactivities contained in the SPD, subject to the Commission's opinion.2001D0822 — EN — 02.12.2001 — 000.001 — 24
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Such studies or technical assistance measures shall be financed from the
allocation of the OCT concerned.
Article 32
Financial control
1. The OCT concerned shall bear primary responsibility for the
financial supervision of the operation. This shall be carried out, whereappropriate, in coordination with the Member State to which the OCT islinked in accordance with the applicable national legislation.
2. The Commission shall be responsible for:
(a) ensuring that management and control systems exist and function
properly in the OCT concerned so as to ensure that the Community
funds are used correctly and effectively;
(b) in the event of irregularities, sending recommendations or requests
for corrective measures to remedy those irregularities and rectify
any management shortcomings found.
3. The Commission, OCT and, where appropriate, the Member State
to which it is linked, shall cooperate on the basis of administrativearrangements at annual or biannual meeting to coordinate programmes,methodologies and the implementation of controls.
4. With regard to financial corrections:
(a) the OCT shall be responsible in the first instance for detecting and
correcting financial irregularities;
(b) however, in the event of shortcomings by the OCT concerned, the
Commission shall take action, if the OCT fails to remedy the
situation and attempts at conciliation are unsuccessful, to reduce orwithdraw the balance of the overall allocation corresponding to theSPD financing decision.
Chapter 8
Transition from previous European Development Funds (EDFs) to the
9th EDF
Article 33
Implementing the previous EDFs and the transitional phase
1. Commitments made in the framework of the 6th, 7th and 8th EDFs
before the entry into force of this Decision shall continue to be executedfollowing the rules applicable to those EDFs.
Resources from the sixth, seventh and eighth EDFs which were allocated
to OCTs before the entry into force of this Decision shall remain
allocated to them. These resources shall continue to be used in
accordance with the relevant provisions of Decision 91/482/EEC, whichshall remain applicable for such purposes, until the entry into force ofthe Internal Agreement establishing the 9th EDF.
Until the Internal Agreement establishing the 9th EDF comes into force,
the officials responsible for managing and implementing European
Development Fund resources, namely the EDF Chief Authorising
Officer, the OCT Local Authorising Officer and the Commission's Headof Delegation, shall remain responsible for the management andimplementation tasks assigned to them by Council Decision 91/482/EC.
2. Any balances remaining from previous EDFs on the date of entry
into force of the Internal Agreement establishing the 9th EDF, as well as
any amounts that shall be decommitted at a later date from ongoing
projects under these Funds, shall be transferred to the 9th EDF and usedin accordance with the conditions laid down in this Decision.
Any resources thus transferred to the 9th EDF that previously had been
allocated to the indicative programme of an OCT or region shall remainallocated to that OCT or to regional cooperation.2001D0822 — EN — 02.12.2001 — 000.001 — 25
▼B
Any other remaining balances not allocated to an indicative programme
shall be transferred to the non-committed amount of the 9th EDF. Theoverall amount of this Decision, supplemented by the transferred
balances from previous EDFs, shall cover the period 2000–2007. This
paragraph shall apply in particular to any remaining balances of theoverall amounts referred to in Articles 118 and 142 of Decision 91/482/EEC concerning, respectively, the stabilisation of export earnings fromagricultural commodities (Stabex) and the special financing facility
(Sysmin).
TITLE II
ECONOMIC AND TRADE COOPERATION
Article 34
Objective
1. The objective of economic and trade cooperation shall be to
promote the economic and social development of the OCTs, in particularby establishing close economic relations between them and theCommunity as a whole.
The implementation of such cooperation must be consistent with the
objectives of the other common policies.
2. Furthermore, the Community undertakes to support the effective
integration of the OCTs in the global economy and the development oftheir trade in goods and services to regional and world markets.
Chapter 1
Arrangements for trade in goods
Article 35
Free access for originating products
1. Products originating in the OCTs shall be imported into the
Community free of import duty.
2. The concept of originating products and the methods of
administrative cooperation relating thereto are laid down in Annex III.
Article 36
Transhipment of non-originating products in free circulation in the
OCTs
1. Products not originating in the OCTs but which are in free
circulation in an OCT and are re-exported as such to the Community
shall be accepted for import into the Community free of customs dutiesand taxes having equivalent effect providing that they:
(a) have paid, in the OCT concerned, customs duties or taxes having
equivalent effect of a level equal to, or higher than, the customsduties applicable in the Community on import of these sameproducts originating in third countries eligible for the most-favoured-nation clause;
(b) have not been the subject of an exemption from, or a refund of, in
whole or in part, customs duties or taxes having equivalent effect,without prejudice to paragraph 2;
(c) are accompanied by an export certificate.
2. Without prejudice to paragraph 1, the Commission may, following
a duly substantiated request from the authorities of the OCT concernedand in the light of the objectives of this Decision, authorise OCT publicfinancial aid to those operating the transhipment procedure.
The request shall in particular indicate the nature and the anticipated
volume of trade, which would benefit from the aid.2001D0822 — EN — 02.12.2001 — 000.001 — 26
▼B
This aid must take the form of an aid for transport of goods put in free
circulation, including legitimate running costs supported in relationshipwith the transhipment procedure. This aid shall not provoke a serious
disturbance or difficulties, which may result in a deterioration in an
economic sector of the Community or of one or more Member States.
The OCT authorities may make representations to the Commission in
order to provide further information to substantiate their written request.
If the OCT authorities so request, a partnership working party referred to
in Article 7(3) shall be convened to resolve any issues arising from theadministration of the transhipment procedure.
3. Paragraphs 1 and 2 shall not apply to:
(a) the agricultural products listed in Annex I to the Treaty nor to
products covered by Council Regulation (EEC) No 3448/93 of 6December 1993 laying down the trade arrangements applicable tocertain goods resulting from the processing of agriculturalproducts(
1) except, as from 1 February 2002 and subject to the
adoption by the Commission of the necessary implementing
arrangements, for fisheries products:
(A) falling within CN codes 0303 31 10 00, 0304 20 95 10 and
0306 13 10 transhipped through Greenland within an annual
quantity of 10 000 tons, and
(B) falling within CN codes 0302 21 10, 0303 31 10, 0305 49 10,
0306 12 10, 0306 12 90, 0306 22 91, 0306 22 99, 0306 13 10,0306 13 30, 0306 13 40, 0306 13 50, 0306 13 80, 0306 23 10,
0306 23 31, 0306 23 39, 0306 23 90 transhipped through Saint-
Pierre-et-Miquelon within an annual quantity of 2 000 tonnes;
(b) products subject, on import into the Community, to quantitative
restrictions or limitations or to anti-dumping duties.
4. The conditions for entry into the Community of products not
originating in the OCTs but in free circulation in an OCT, and themethods of administrative cooperation relating thereto, are laid down inAnnex IV.
Article 37
Committee procedure
1. In matters covered by Article 36, the Commission shall be assisted
by aCommittee.
2. Articles 3 and 7 of Decision 1999/468/EC shall apply to the
proceedings of the Committee.
3. The Committee shall adopt its rules of procedure.
Article 38
Quantitative restrictions and measures having equivalent effect
1. The Community shall not apply to imports of products originating
in the OCTs any quantitative restrictions or measures having equivalenteffect.
2. Paragraph 1 shall not preclude prohibitions or restrictions on
imports, exports or goods in transit justified on grounds of publicmorality or public policy, the protection of health and life of humans,animals and plants, the protection of national treasures possessing
artistic, historic or archaeological value, the conservation of exhaustible
natural resources or the protection of industrial and commercialproperty.2001D0822 — EN — 02.12.2001 — 000.001 — 27
(1) OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regulation (EC)
No 2580/2000 (OJ L 298, 25.11.2000, p. 5).
▼B
Such prohibitions or restrictions shall in no case constitute a means of
arbitrary or unjustifiable discrimination or a disguised restriction oftrade generally.
Article 39
Waste
1. Movements of waste between the Member States and the OCTs
shall be controlled in accordance with international and Community law.The Community shall support the establishment and development of
effective international cooperation in this area with a view to protecting
the environment and public health.
2. The Community shall prohibit all direct or indirect export of waste
to the OCTs, with the exception of exports of non-hazardous waste
destined for recovery operations while at the same time the OCT
authorities shall prohibit the direct or indirect import into their countryof such waste from the Community or any other country, withoutprejudice to specific international undertakings concerning these areasthat have been made, or may be made in future, in the competentinternational fora.
3. As regards the Community, Council Regulation (EEC) No 259/93
of 1 February 1993 on the supervision and control of shipments of wastewithin, into and out of the European Community(
1) shall apply.
4. As regards those OCTs, which, due to their constitutional status,
are not Party to the Basle Convention, their relevant authorities shallexpedite adoption of the necessary internal legislation and adminis-trative regulations to implement the provisions of the Basle
Convention(
2).
5. In addition, the Member States concerned shall promote the
adoption by the OCTs of the necessary internal legislation and
administrative regulations to implement:
(a) Regulation (EEC) No 259/93 as follows:
(i) Article 13 as regards shipments of waste within the OCTs,
(ii) Article 18 as regards exports of waste to the ACP States from
the OCTs;
(b) Regulation (EC) No 1420/1999(3);
(c) Commission Regulation (EC) No 1547/1999(4);
(d) European Parliament and Council Directive 2000/59/EC subject to
the time limits for transposition laid down in Article 16 thereof(5).2001D0822 — EN — 02.12.2001 — 000.001 — 28
(1) OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission Decision
1999/816/EC (OJ L 316, 10.12.1999, p. 45).
(2) Council Decision 93/98/EEC of 1 February 1993 on the conclusion on behalf
of the Community, of the Convention on the control of transboundery
movements of hazardous wastes and their disposal (Basle Convention) (OJ L
39, 16.2.1993, p. 1).
(3) Council Regulation (EC) No 1420/1999 of 29 April 1999 establishing
common rules and procedures to apply to shipments to certain non-OECD
countries of certain types of waste (OJ L 166, 1.7.1999, p. 6). Regulation as
last amended by Commission Regulation (EC) No 1800/2001 (OJ L 244,
14.9.2001, p. 19).
(4) Commission Regulation No 1547/1999/EC of 12 July 1999 determining the
control procedures under Council Regulation (EEC) No 259/93 to apply to
shipments of certain types of waste to certain countries to which OECDDecision C(92)39 final does not apply (OJ L 185, 17.7.1999, p. 1). Regulation
as last amended by Regulation (EC) No 1800/2001.
(
5) European Parliament and Council Directive No 2000/59/EC of 27 November
2000 on port reception facilities for ship-generated waste and cargo residues
(OJ L 332, 28.12.2000, p. 81).
▼B
6. As regards imports into the Community from the OCTs of
hazardous waste and of non-hazardous waste destined for final disposal,Articles 1 to 12 and 25 to 39 of Regulation (EEC) No 259/93 and
Commission Decision 94/774/EC(
1), shall apply.
7. One or more OCTs and the Member State to which they are linked
may apply national procedures to export of waste from the OCTs to thatMember State.
In this case, the Member State concerned notifies to the Commission the
applicable legislation within six months from the entry into force of thisDecision or of any future relevant national legislation, including anyamendments to it.
Article 40
Measures adopted by the OCTs
1. In view of the present development needs of the OCTs, the
authorities of the OCTs may retain or introduce, in respect of imports of
products originating in the Community, such customs duties orquantitative restrictions as they consider necessary.
2. (a) The trade arrangements applied to the Community by the OCTs
may not give rise to any discrimination between Member States
nor be less favourable than most-favoured-nation treatment.
(b) Notwithstanding specific provisions of this Decision, the
Community shall not discriminate between OCTs in the field of
trade.
(c) The provisions of (a) shall not preclude a country or territory
from granting certain other OCTs or other developing countriesmore favourable treatment than that accorded to the Community.
3. The authorities of the OCTs shall communicate to the Commis-
sion, within aperiod of three months following the entry into force of
this Decision, the customs tariffs and lists of quantitative restrictionswhich they apply.
They shall also communicate to the Commission any subsequent
amendments to such measures as and when they are adopted.
Article 41
Surveillance clause
1. The products originating in the OCTs referred to in Article 35 or
products not originating in the OCT referred to in Article 36 may besubject to special surveillance. The Commission shall decide to whichproducts surveillance shall apply in consultation with the OCTauthorities and the Member State to which the OCT is linked.
2. Article 308d of Commission Regulation (EEC) No 2454/93 of 2
July 1993, laying down provisions for the implementation of CouncilRegulation (EEC) No 2913/92 on the Community Customs Code(
2),
shall apply.
3. The Commission and the competent OCT authorities shall ensure
the effectiveness of the surveillance measures by introducing themethods of administrative cooperation set out in Annexes III and IV.2001D0822 — EN — 02.12.2001 — 000.001 — 29
(1) Commission Decision 94/774/EC of 24 November 1994 concerning the
standard consignment note referred to in Council Regulation No 259/93/EEC
on the supervision and control of shipments of waste within, into and out of
the European Community (OJ L 310, 3.12.94, p. 70).
(2) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC)
No 993/2001 (OJ L 141, 28.5.2001, p. 1).
▼B
Article 42
Safeguard measures
1. If, as a result of the application of this Decision, serious
disturbances occur in a sector of the economy of the Community orone or more of its Member States, or their external financial stability isjeopardised, or if difficulties arise which may result in a deterioration inasector of the Community's a ctivity or in aregion of the Community,
the Commission may, on its own initiative or at the request of one or
more Member States and following consultation with the Committeereferred to in Article 43 take or authorise the Member States concernedto take the necessary safeguard measures, in accordance with theparagraphs below.
2. For the purpose of implementing paragraph 1, priority shall be
given to such measures as would least disturb the functioning of theassociation and the Community. These measures shall not exceed thelimits of what is strictly necessary to remedy the difficulties that havearisen. They cannot exceed the withdrawal of the preferential treatment
granted by this Decision.
3. When safeguard measures are taken or modified, particular
attention shall be paid to the interests of the least-developed OCTs.
4. This Article is without prejudice to the rights and obligations of the
Community under WTO rules, including those contained in the WTO
Agreement on Safeguards(
1). Neither shall it preclude application of the
regulations establishing a common organisation of agricultural markets,or Community or national administrative provisions derived therefrom,or the specific rules adopted under Article 235 of the Treaty forprocessed agricultural products.
5. (a) If a Member State asks the Commission for safeguard measures
to be applied, the Commission shall inform the Council, theMember States and the OCT authorities accordingly within threeworking days from the date of receipt of the Member State'srequest, and shall invite the OCT authorities to supply any
information which they consider important to the situation at
hand.
(b) When the Commission acts on its own initiative, it shall inform
the OCTs concerned and the Member States at the earliest
possible stage.
(c) If the OCT authorities so require and without prejudice to the
deadlines referred to in this Article, a partnership working party
referred to in Article 7(3) shall be convened. The outcome of theworking party shall be transmitted to the consultative committee.In this case, the deadline referred to in paragraph 9 of this Articleshall be extended by ten working days. At the same time it shallinvite the Member States to a meeting of the committee referred
to in Article 43.
Member States and the OCTs shall provide the Commission with any
information necessary to justify their requests to apply safeguardmeasures or not to do so.
6. The Commission shall notify the Council, the Member States and
the OCT authorities immediately of the decision to take the necessarysafeguard measures. The Decision shall apply with immediate effect.
7. Any Member State may refer the Commission's decision referred
to in paragraph 6 to the Council within 10 working days of receiving
notification of the decision.
8. Should the Commission fail to adopt a decision within 21 working
days or if it rejects the request or if the Commission decides not to takesafeguard measures, any Member State that has brought the matterbefore the Commission may refer it to the Council.2001D0822 — EN — 02.12.2001 — 000.001 — 30
(1) OJ L 336, 23.12.1994, p. 184.
▼B
9. In the cases referred to in paragraphs 7 and 8, the Council, acting
by a qualified majority, may adopt a different decision within 21working days.
Article 43
Committee procedure
1. In matters covered by Article 42, the Commission shall be assisted
by aCommittee.
2. Articles 3 and 7 of Decision 1999/468/EC shall apply to the
proceedings of the Committee.
3. The Committee shall adopt its rules of procedure.
Chapter 2
Trade in services and rules of establishment
Article 44
General objective
The long-term aim in this area is a progressive liberalisation of trade in
services, with due respect for the OCTs' local policy objectives, and
taking due account of the level of development of the OCT and the
obligations entered into by the Community, Member States or the OCTsin the WTO framework.
Article 45
General principles of establishment and the provision of services
1. For the purposes of this Chapter, the following definitions shall
apply:
(a) ‘companies or enterprises’: companies or enterprises constituted
under civil or commercial law, including public or other companies,
cooperative societies and any other legal person or associationgoverned by public or private law, save for those which are non-profit-making.
‘Companies or enterprises of Member States’ are those formed in
accordance with the laws of a Member State and whose registeredoffice, central administration or principal place of business is in a
Member State. However, a company or enterprise having only its
registered office in a Member State must be engaged in an activitywhich has an actual and continuous link with the economy of thatMember State.
‘OCT companies or enterprises’ are those formed in accordance with
the law applicable in a given OCT and whose registered office,central administration or principal place of business is in that OCT;however, a company or enterprise having only its registered office in
a country or territory must be engaged in an activity which has an
actual and continuous link with the economy of that country orterritory;
(b) ‘inhabitants of an OCT’: persons ordinarily resident in an OCT who
are nationals of a Member State or who enjoy a legal status specificto an OCT. This definition is without prejudice to the rightsconferred by citizenship of the Union within the meaning of theTreaty.
2. As regards the arrangements applicable to establishment and the
provision of services, in line with Article 183(5) of the Treaty andsubject to paragraph 3 below:
(a) the Community shall apply to the OCTs the undertakings entered
into under the General Agreement on Trade in Services (GATS)under the conditions laid down in that Agreement and in accordancewith this Decision; in application of such undertakings, MemberStates shall not discriminate between inhabitants, companies orenterprises of the OCTs;2001D0822 — EN — 02.12.2001 — 000.001 — 31
▼B
(b) the OCT authorities shall afford nationals, companies or enterprises
of the Member States treatment that is no less favourable than thatwhich they extend to nationals, companies or enterprises of third
countries and shall not discriminate between nationals, companies or
enterprises of Member States.
3. The authorities of an OCT may with a view to promoting or
supporting local employment, adopt regulations to aid their inhabitantsand local activities.
In this event, the OCT authorities shall notify the Commission of the
regulations they adopt so that it may inform the Member States.
4. With regard to the professions of doctor, dentist, midwife, general
nurse, pharmacist and veterinary surgeon, the Council, acting unan-imously on a proposal from the Commission, shall adopt the list ofprofessional qualifications specific to OCT inhabitants which are to be
recognised in the Member States.
Article 46
Maritime transport
The objective of cooperation in this field shall be to ensure harmonious
development of efficient and reliable shipping services on economicallysatisfactory terms by facilitating the active participation of all parties
according to the principle of unrestricted access to the trade on a
commercial basis.
This provision shall not apply to Greenland.
Chapter 3
Trade-related areas
Article 47
Current payments and capital movements
1. Without prejudice to paragraph 2:
(a) Member States and the OCT authorities shall impose no restrictions
on any payments in freely convertible currency on the currentaccount of balance of payments between residents of the Communityand of the OCTs;
(b) with regard to transactions on the capital account of balance of
payments, the Member States and the OCT authorities shall imposeno restrictions on the free movement of capital for directinvestments in companies formed in accordance with the laws ofthe host Member State, country or territory and to ensure that the
assets formed by such investment and any profit stemming
therefrom can be realised and repatriated.
2. The Community, Member States and OCTs shall be entitled to take
the measures referred to mutatismutandis in Articles 57, 58, 59, 60 and
301 of the Treaty in accordance with the conditions laid down therein.Equally, where one or more OCTs or one or more Member States is in
serious balance of payments difficulties, or under threat thereof, the
OCT authorities, the Member State or the Community may, inaccordance with the conditions established under the GATT, GATSand Article VIII and XIV of the Articles of Agreement of theInternational Monetary Fund, adopt restrictions on current transactions
which shall be of limited duration and may not go beyond what is
necessary to remedy the balance of payments situation. When takingsuch measures, the OCT authorities, the Member State or theCommunity shall inform each other without delay and submit to eachother as soon as possible a timetable for the elimination of the measuresconcerned.2001D0822 — EN — 02.12.2001 — 000.001 — 32
▼B
Article 48
Competition policies
1. The introduction and implementation of effective and sound
competition policies and rules are of crucial importance in order toimprove and secure an investment friendly climate, a sustainableindustrialisation process and transparency in the access to markets.
2. To ensure the elimination of distortions to competition and with
due consideration to the different levels of development and economic
needs of each OCT, the Community and the OCTs undertake to
implement local, national or regional rules and policies including thecontrol and, under certain conditions, the prohibition of agreementsbetween undertakings, decisions by associations of undertakings andconcerted practices between undertakings which have as their object oreffect the prevention, restriction or distortion of competition. The above
prohibition also relates to the abuse by one or more undertakings of a
dominant position in the territory of the Community or of the OCTs.
Article 49
Protection of intellectual property rights
1. An adequate and effective level of protection of intellectual,
industrial and commercial property rights, including means for enforcing
such rights, shall be ensured in line with the highest international
standards with a view to reducing distortions and impediments tobilateral trade.
2. Intellectual property rights cover copyright, including in particular
the copyright on computer programmes and neighbouring rights, utility
models, patents including bio-technological inventions, industrial
designs, geographical indications including appellations of origin,trademarks for goods or services, topographies of integrated circuits,the legal protection of data bases and the protection against unfaircompetition as referred to in Article 10 bis of the Paris Convention forthe Protection of Industrial Property and protection of undisclosed
information on know-how.
Article 50
Standardisation and certification
Closer cooperation shall be pursued in the field of standardisation,
certification and quality assurance to remove unnecessary technicalbarriers and to reduce differences in those areas, so as to facilitate trade.
Article 51
Trade and the environment
Development of international trade shall be promoted in such a way as
to ensure sustainable and sound management of the environment, inaccordance with the relevant international agreements and undertakingsand with due regard to the respective levels of development of theOCTs. The special needs and requirements of the OCTs shall be taken
into account in the design and implementation of environmental
measures.
Bearing in mind the Rio Principles, cooperation shall aim at ensuring the
mutual supportiveness of trade and environment policies, in particularthrough the reinforcement of quality controls of goods and services
related to the environment and the improvement of environment-friendly
production methods.
Article 52
Trade and labour standards
The internationally and nationally recognised core labour standards must
be respected, in particular the freedom of association and protection ofthe right to organise, application of the right to organise and to bargain2001D0822 — EN — 02.12.2001 — 000.001 — 33
▼B
collectively, the abolition of forced labour, the elimination of worst
forms of child labour, the minimum age for admission to employmentand non-discrimination in respect to employment.
Article 53
Consumer policy and consumer health protection
Cooperation shall be pursued in the area of consumer policy and
consumer health protection, having due regard to the legislation in force
in OCTs and the Community to avoid barriers to trade.
Article 54
Prohibition of disguised protectionist measures
The provisions of this Chapter shall not be used as a means of arbitrary
discrimination or a disguised restriction on trade.
Chapter 4
Monetaryand tax matters
Article 55
Tax carve-out clause
1. Without prejudice to the provisions of Article 56, the most-
favoured-nation treatment granted in accordance with the provisions ofthis Decision shall not apply to tax advantages which the Member Statesor OCT authorities are providing or may provide in the future on thebasis of agreements to avoid double taxation or other tax arrangements,or domestic fiscal legislation in force.
2. Nothing in this Decision may be construed to prevent the adoption
or enforcement of any measure aimed at preventing the avoidance orfraud of taxes pursuant to the tax provisions of agreements to avoiddouble taxation or other tax arrangements, or domestic fiscal legislationin force.
3. Nothing in this Decision shall be construed to prevent the
respective competent authorities from distinguishing, in the applicationof the relevant provisions of their fiscal legislation, between taxpayerswho are not in the same situation, in particular with regard to their placeof residence, or with regard to the place where their capital is invested.
Article 56
Tax and customs arrangements for Community-funded contracts
1. The OCTs shall apply to Community-funded contracts tax and
customs arrangements no less favourable than those applied by them tothe most-favoured States or international development organisations
with which they have relations. For the purpose of determining the most-
favoured-nation treatment, account shall not be taken of arrangementsapplied by the relevant authorities of the country or territory concernedto other developing countries.
2. Subject to paragraph 1, the following arrangements shall apply to
contracts financed by the Community:
(a) the contract shall not be subject in the beneficiary OCT to stamp or
registration duties or to fiscal charges having equivalent effect,whether such charges already exist or are to be instituted in thefuture; however, such contracts shall be registered in accordance
with the laws in force in the OCT and a fee corresponding to the
service rendered may be charged for it;
(b) profits and/or income arising from the performance of contracts shall
be taxable according to the internal fiscal arrangements of the OCTconcerned, provided that the natural or legal persons who realisesuch profit and/or income have a permanent place of business in thatOCT, or that the performance of the contract takes longer than sixmonths;2001D0822 — EN — 02.12.2001 — 000.001 — 34
▼B
(c) enterprises which must import equipment in order to carry out works
contracts shall, if they so request, benefit from the system oftemporary admission as laid down by the legislation of the
beneficiary OCT in respect of that equipment;
(d) professional equipment necessary for carrying out tasks defined in a
service contract shall be temporarily admitted into the beneficiary
OCT in accordance with the legislation of that OCT free of fiscal,
import and customs duties and of other charges having equivalenteffect where these duties and charges do not constitute remunerationfor services rendered;
(e) imports under supply contracts shall be admitted into the beneficiary
OCT without customs duties, import duties, taxes or fiscal chargeshaving equivalent effect. The contract for supplies originating in thecountry or territory concerned shall be concluded on the basis of theex-works price of the supplies, to which may be added such internalfiscal charges as may be applicable to those supplies in the country
or territory;
(f) fuels, lubricants and hydrocarbon binders and, in general, all
materials used in the performance of works contracts shall be
deemed to have been purchased on the local market and shall be
subject to fiscal rules applicable under the legislation in force in thebeneficiary OCT;
(g) personal and household effects imported for use by natural persons,
other than those recruited locally, engaged in carrying out tasks
defined in a service contract and members of their families, shall beexempt from customs or import duties, taxes and other fiscal chargeshaving equivalent effect, within the limits of the legislation in forcein the beneficiary OCT.
3. Any matter not covered by paragraphs 1 and 2 shall remain subject
to the legislation of the OCT concerned.
4. The Commission officials, excluding locally hired staff, shall be
exempt from all taxes levied in the country or territory where they areposted.
Chapter 5
Vocational training, eligibilityfor Communityprogrammes and other
provisions
Article 57
Vocational training
Individuals from an OCT with the nationality of a Member State shall be
eligible to receive vocational training in the Community on the same
basis as nationals of the Member State in question where they can meetthe conditions required to be met by those nationals, including anycondition of residence within the Community or the EEA.
Article 58
Programmes open to the OCTs
Individuals from an OCT and where applicable the relevant public and/
or private bodies and institutions in an OCT shall be eligible for the
Community programmes listed in Annex II F and any programmes
succeeding them, subject to the rules of the programmes and thearrangements applicable to the Member State with which they areconnected.
The Commission may modify this list at the request of an OCT or a
Member State or at its own initiative.2001D0822 — EN — 02.12.2001 — 000.001 — 35
▼B
Article 59
Euro-Info Correspondence Centres (EICC)
At the request of the OCT authorities and in accordance with the
procedures specified in Part Three, Title I, a Euro-Info CorrespondenceCentre, hereinafter referred to as ‘'EICC’, may be set up in an OCT.Part-financing may be made available to the EICC host structure fromthe grant aid available under the SPD or regional cooperation.
The tasks of the EICCs, the tools and services made available to them,
the establishment procedures and criteria for selecting the host structureare set out in Annex V.
Article 60
CDE and CTA
At the request of their authorities, the OCT shall be eligible for the
services of the Centre for the Development of Enterprise (CDE) and ofthe Technical Centre for Agricultural and Rural Cooperation (CTA)referred to in Article 1 of Annex III to the ACP/EC PartnershipAgreement.
Any costs resulting from services provided by the CDE or CTA for the
benefit of the OCTs shall be financed from the funds provided for inAnnex II A.
PART FOUR
FINAL PROVISIONS
Article 61
Change of status
If an OCT becomes independent:
(a) the arrangements provided for in this Decision may continue to
apply provisionally to that country or territory under conditions laid
down by the Council;
(b) the Council, acting unanimously on a proposal from the Commis-
sion, shall decide on any necessary adjustments to this Decision, inparticular to the amounts specified in Annex II A.
Article 62
Review
►
C1Before 31 December 2011, the Council ◄, acting unanimously
on a proposal from the Commission, shall establish the provisions to be
laid down for the subsequent application of the principles set out inArticles 182 to 186 of the Treaty. In this context, the Council shall inparticular adopt any necessary measures where an OCT decides inaccordance with its own constitutional procedures to enter into specialpreferential arrangements between the Community and various partners
in the region to which it belongs. The Council shall take particular
account in this respect of international obligations entered into by theCommunity, its Member States or the OCTs, including those within theframework of the WTO.
Article 63
Entry into force
This Decision shall enter into force on 2 December 2001. It shall be
applicable until 31 December 2011.2001D0822 — EN — 02.12.2001 — 000.001 — 36
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Article 64
Publication
This Decision shall be published in the OfficialJournaloftheEuropean
Communities .2001D0822 — EN — 02.12.2001 — 000.001 — 37
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ANNEX I A
LIST OF THE COUNTRIESAND TERRITORIES(OCTs) REFERREDTO
IN ARTICLE 1
— Greenland,
— New Caledonia and Dependencies,— French Polynesia,— French Southern and Antarctic Territories,— Wallis and Futuna Islands,— Mayotte,— St Pierre and Miquelon,
— Aruba,
— Netherlands Antilles:
— Bonaire,
— Curaçao,
— Saba,
— Saint Eustatius,— Saint Martin (Sint Maarten),
— Anguilla,— Cayman Islands,— Falkland Islands,— South Georgia and the South Sandwich Islands,— Montserrat,— Pitcairn,
— Saint Helena, Ascension Island, Tristan da Cunha,
— British Antarctic Territory,— British Indian Ocean Territory,— Turks and Caicos Islands,— British Virgin Islands.2001D0822 — EN — 02.12.2001 — 000.001 — 38
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ANNEX I B
LIST OF THE OCTs CONSIDERED THE LEAST DEVELOPED, FOR
THE PURPOSES OF THIS DECISION, REFERRED TO IN ARTICLE 3(3)
— Anguilla,
— Mayotte,— Montserrat,— Saint Helena, Ascension Island, Tristan da Cunha,— Turks and Caicos Islands,
— Wallis and Futuna Islands,
— St Pierre and Miquelon.2001D0822 — EN — 02.12.2001 — 000.001 — 39
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ANNEX II A
COMMUNITY FINANCIAL ASSISTANCE: 9TH EDF
Article 1
Allocation between the various instruments
1. For the purposes set out in this Decision, for the five-year period
from 1 March 2000 to 28 February 2005, the overall amount ofCommunity financial assistance of EUR 175 million under the 9thEuropean Development Fund (EDF) fixed by the Internal Agreementshall be allocated as follows:
(a) EUR 153 million in the form of grants, including:
(i) EUR 145 million for programmable support for long-term
development, humanitarian aid, emergency aid, refugee aid andthe additional support in the event of fluctuations in exportearnings. This amount shall be used in particular to finance theinitiatives referred to in the Single Programming Documents
(SPD);
(ii) EUR 8 million to support regional cooperation and integration
including the dialogue and partnership actions laid down inArticle 7;
(b) EUR 20 million shall be allocated to finance the OCT Investment
Facility referred to in Annex II C.
(c) EUR 2 million shall be allocated to studies or technical assistance
measures on the initiative or on the behalf of the Commission,notably for an overall evaluation of the Decision to be made twoyears before it expires at the latest.
2. In addition, the overall amount of financial assistance under the 9th
EDF, plus any balances transferred to the 9th EDF from previous Fundspursuant to the Internal Agreement shall cover the period 2000 to 2007.Before the expiry of the 9th EDF, the Member States shall assess the
degree of realisation of commitments and disbursements. The need for
new resources to support financial cooperation shall be determined inthe light of this assessment and shall take due account of theuncommitted and non-disbursed resources under the 9th EDF.
3. Before the expiry of the 9th EDF, the Member States shall set a
date beyond which the funds of the 9th EDF may no longer becommitted.
4. Should the funds provided for in paragraph 1 be exhausted before
this Decision expires, the Council shall take the appropriate measures.
Article 2
Administration of resources
The EIB shall administer the loans made from its own resources, as well
as the operations financed under the OCT Investment Facility. All otherfinancial resources under this Decision shall be administered by theCommission.
Article 3
Allocation between the OCTs
1. The amount of EUR 145 million mentioned in Article 1(1)(i) shall
be allocated on the basis of the needs and performance of the OCTs in
accordance with the following criteria:
(a) An amount A of EUR 66,1 million shall be allocated to the OCTs
whose economic development is least advanced, namely those witha per capita Gross National Product (GNP) not exceeding 75 % ofthe Community GNP, according to the available statistical data.
(b) An amount B of EUR 61 million is allocated to the OCT with a per
capita GNP not exceeding the Community's GNP, in order to finance2001D0822 — EN — 02.12.2001 — 000.001 — 40
▼B
priority actions for social development and environmental protec-
tion, within the framework of the fight against poverty.
(c) The allocation of amounts A and B shall take into account the
population, the level of the GNP, the use made of previous EDFs,the respect of the principles of sound international tax and financialmanagement, constraints due to geographical characteristics, theestimated absorption capacity and a smooth transition to prevent a
sudden considerable setback in allocation for New Caledonia,
French Polynesia and the Netherlands Antilles. Any allocation shallbe such as to allow its effective use. It should be decided inconformity with the principle of subsidiarity.
2. The question of a possible allocation to Greenland will be
examined in the light of the review provided for in Article 14 of the
Protocol on the fishing conditions for the period 2001 to 2006(
1).
3. A non-allocated reserve C of EUR 17,9 million is set aside in
order:
(a) to finance humanitarian, emergency and refugee aid for all the OCTs
and, if necessary, the additional support in the event of fluctuationsin export earnings, in accordance with Annex II D;
(b) to make new allocations in accordance with the development of the
needs and performance of the OCTs.
Performance is evaluated in an objective and transparent way, taking
into account the use of the allocated resources, the effectiveimplementation of the on-going operations, the alleviation or
reduction of poverty and the sustainable development measures
adopted;
(c) If appropriate, to take the necessary measures, following the review
referred to in paragraph 2;
(d) A maximum amount of EUR 1 million is set aside to fund the
interest subsidies for operations to be financed by the Bank from itsown resources, in accordance with Annex II B, or under the OCTInvestment Facility.
4. In accordance with the paragraphs above and without prejudice to
the transfer of the unspent balances from previous EDF, the indicative
amounts allocated under the 9th EDF are the following:
(EUR in millions)
OCT9th EDF initial indicative allocation
A B Total
New Caledonia 13,75 13,75
French Polynesia13,25 13,25
Wallis and Futuna 8 3,5 11,5Mayotte 9,9 5,3 15,2St Pierre and Miquelon 5,6 6,8 12,4
Netherlands Antilles 11,7 8,3 20,0
Falkland Islands 3 3Turks and Caicos 8,2 0,2 8,4Anguilla7,9 0,1 82001D0822 — EN — 02.12.2001 — 000.001 — 41
(1) Council Regulation (EC) No 1575/2001 of 25 June 2001 on the conclusion of
the Fourth Protocol laying down the conditions relating to fishing provided
for in the Agreement on fisheries between the European Economic
Community, on the one hand, and the Government of Denmark and the
local Government of Greenland, on the other (OJ L 209, 2.8.2001, p. 1).
▼B
(EUR in millions)
OCT9th EDF initial indicative allocation
A B Total
Montserrat 5,3 5,7 11,0
Saint Helena and dependencies
(Ascension, Tristan da Cunha)7,5 1,1 8,6
Pitcairn 2 2
Total EUR 127,1 million
Non-allocated C reserve EUR 17,9 million
5. The Commission, following amid-term review, ma y decide a
different allocation of any non-allocated balances of the funds
mentioned in this Article. The procedures for this review and the
decision on any new allocation are adopted in accordance with Article24 of this Decision.2001D0822 — EN — 02.12.2001 — 000.001 — 42
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ANNEX II B
COMMUNITY FINANCIAL ASSISTANCE: LOANS FROM THE
EUROPEAN INVESTMENT BANK'S OWN RESOURCES
Article 1
Amount
An amount of up to EUR 20 million as laid down in Article 5 of the
Internal Agreement shall be provided by the EIB in the form of loans
from its own resources in accordance with the conditions provided forby its statutes and this Annex.
Article 2
European Investment Bank
1. The EIB shall:
(a) contribute, through the resources it manages, to the economic and
industrial development of the OCTs on a territorial and regional
basis; and to this end, finance as a priority productive projects andprogrammes or other investments aimed at promoting the privatesector in all economic sectors;
(b) establish close cooperation links with national and regional
development banks and with banking and financial institutions ofthe OCTs and of the Community;
(c) in consultation with the OCT concerned, adapt the arrangements and
procedures for implementing development finance cooperation, as
set out in this Decision, if necessary, to take account of the nature ofthe projects and programmes and to act in accordance with theobjectives of this Decision, within the framework of the procedureslaid down by its statute.
2. Loans from the EIB's own resources shall be granted under the
following terms and conditions:
(a) the reference rate of interest shall be the rate applied by the EIB for
a loan with the same conditions as to currency, and repaymentperiod on the day of signature of the contract or on the date ofdisbursement;
(b) however:
(i) in principle, public sector projects shall be eligible for an
interest rate subsidy of 3 %;
(ii) for private sector projects which involve restructuring operations
in the framework of privatisation or for projects with substantial
and clearly demonstrable social or environmental benefits, loansmay be extended with an interest rate subsidy the amount andform of which will be decided with respect to the particularcharacteristics of the project. However, the interest rate subsidy
shall not be higher than 3 %.
The final interest rate shall, in any case, never be less than 50 % of
the reference rate.
(c) the amount of the interest rate subsidy calculated in terms of its
value at the times of disbursement of the loan shall be chargedagainst the interest subsidy allocation laid down in Annex II A,Article 3(3)(d), and paid directly to the EIB;
Interest subsidies may be capitalised or used in the form of grants to
support project-related technical assistance, particularly for financialinstitutions in the OCTs.
(d) the repayment period of loans made by the EIB from its own
resources shall be determined on the basis of the economic andfinancial characteristics of the project, but may not exceed 25 years.These loans shall normally comprise a grace period fixed byreference to the construction period of the project.2001D0822 — EN — 02.12.2001 — 000.001 — 43
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3. For investments financed by the EIB from its own resources in
public sector companies, specific project-related guarantees or under-takings may be required from the OCT concerned.
Article 3
Conditions for foreign exchange transfer
The OCT concerned shall, in respect of operations under this Decision
and in respect of which they have given their written approval:
(a) grant exemption from all national or local duties, fiscal charges on
interest, commission and amortisation of loans due in accordancewith the law or laws of the OCTs concerned;
(b) place at the disposal of the beneficiaries the currency necessary for
the payment of interest, commission and the amortisation of loans
due in terms of financing contracts granted for the implementationof projects and programmes on their territories;
(c) make available to the EIB the foreign currency necessary for the
transfer of all sums received by it in national currency at the
exchange rate applicable between the Euro or other currencies of
transfer and the national currency at the date of the transfer. Theseinclude all forms of remuneration, such as, inter alia , interest,
dividends, commissions and fees, as well as the amortisation ofloans and the proceeds from the sale of shares due in terms of
financing contracts granted for the implementation of projects and
programmes on their territories.2001D0822 — EN — 02.12.2001 — 000.001 — 44
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ANNEX II C
COMMUNITY FINANCIAL ASSISTANCE: THE OCT INVESTMENT
FACILITY
Article 1
Objective
An OCT Investment Facility (hereinafter referred to as ‘the Facility’)
shall be set up to promote commercially viable enterprises, mainly in the
private sector but also those in the public sector supporting private
sector development.
The terms and conditions of financing in relation to the operations of the
Facility and the loans from own resources of the EIB shall be as laiddown in this Annex, Annex II B and Articles 29 and 30 of the InternalAgreement. These resources may be channelled to eligible enterprises,
either directly or indirectly, through eligible investment funds and/or
financial intermediaries.
Article 2
Resources of the Facility
1. The resources of the Facility may be used, inter alia , to:
(a) provide risk capital in the form of:
(i) equity participation in OCT enterprises, including financial
institutions;
(ii) quasi-capital assistance to OCT enterprises, including financial
institutions;
(iii) guarantees and other credit enhancements which may be used to
cover political and other investment-related risks, both forforeign and local investors or lenders.
(b) provide ordinary loans.
2. Equity participation shall normally be for non-controlling minority
holdings and shall be remunerated on the basis of the performance of the
project concerned.
3. Quasi-capital assistance may consist of shareholders' advances,
convertible bonds, conditional, subordinated and participating loans orany other similar form of assistance. Such assistance may consist inparticular of:
(a) conditional loans, the servicing and/or the duration of which shall be
linked to the fulfilment of certain conditions with regard to the
performance of the project; in the specific case of conditional loansfor pre-investment studies or other project-related technicalassistance, servicing may be waived if the investment is not carriedout;
(b) participating loans, the servicing and/or the duration of which shall
be linked to the financial return of the project;
(c) subordinated loans, which shall be repaid only after other claims
have been settled.
4. The remuneration of each operation shall be specified when the
loan is made.
However:
(a) in the case of conditional or participating loans, the remuneration
shall normally comprise a fixed interest rate of not more than 3 %and a variable component related to the performance of the project;
(b) in the case of subordinated loans, the interest rate shall be market
related.
5. Guarantees shall be priced so as to reflect the risks insured and the
particular characteristics of the operation.2001D0822 — EN — 02.12.2001 — 000.001 — 45
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6. The interest rate of ordinary loans shall comprise a reference rate
applied by the EIB for comparable loans with the same terms andconditions as to grace and repayment periods and a mark up determined
by the EIB.
7. Ordinary loans may be extended on concessional terms and
conditions in the following cases:
(a) for infrastructure projects in the least developed OCTs that are
prerequisites for private sector development. In such cases, theinterest rate of the loan will be reduced by 3 %;
(b) for projects which involve restructuring operations in the framework
of privatisation or for projects with substantial and clearly
demonstrable social or environmental benefits. In such cases, loansmay be extended with an interest rate subsidy the amount and formof which will be decided with respect to the particular characteristicsof the project. However, the interest rate subsidy shall not be higher
than 3 %.
The final interest rate shall, in any case, never be less than 50 % of the
reference rate.
8. The funds to be provided for these concessional purposes will be
made available from the Facility and shall not exceed 5 % of the overallamount allocated for investment financing by the Facility and by theEIB from its own resources.
9. Interest subsidies may be capitalised or may be used in the form of
grants to support project-related technical assistance, particularly forfinancial institutions in the OCTs.
Article 3
Operations of the Facility
1. The Facility shall operate in all economic sectors and support
investments of private and commercially run public sector entities,
including revenue generating economic and technological infrastructure
critical for the private sector. The Facility shall:
(a) be managed as a revolving fund and aim at being financially
sustainable. Its operations shall be on market-related terms andconditions and shall avoid creating distortions on local markets anddisplacing private sources of finances;
(b) endeavour to have a catalytic effect by encouraging the mobilisation
of long-term local resources and attracting foreign private investorsand lenders to projects in the OCTs.
2. On expiry of this Decision and in the absence of a specific decision
by the Council, the cumulative net reflows to the Facility shall be carriedover to the next OCT Financial Instrument.
Article 4
Conditions for foreign exchange rate risk
In order to minimise the effects of exchange rate fluctuations, the
problems of exchange rate risk shall be dealt with in the following way:
(a) in the case of equity participation designed to strengthen an
enterprise's own funds, the exchange rate risk shall, as a general rule,be borne by the Facility;
(b) in the case of risk capital financing for small- and medium-sized
enterprises (SMEs), the exchange rate risk shall, as a general rule, beshared by the Community, on the one part, and by the other partiesinvolved, on the other. On average, the foreign exchange rate riskshall be shared equally;2001D0822 — EN — 02.12.2001 — 000.001 — 46
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(c) where feasible and appropriate, particularly in countries charac-
terised by macroeconomic and financial stability, the Facility willendeavour to extend loans in local OCT currencies, thus taking the
foreign exchange risk.2001D0822 — EN — 02.12.2001 — 000.001 — 47
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ANNEX II D
COMMUNITY FINANCIAL ASSISTANCE: ADDITIONAL SUPPORT IN
THE EVENT OF SHORT-TERM FLUCTUATIONS IN EXPORT EARN-
INGS
Article 1
Principles
1. The degree of dependence of an OCT economy on the export of
goods, and in particular from agricultural and mining products shall be a
criterion for determining the allocation of long-term development.
2. In order to mitigate the adverse effects of instability of export
earnings and safeguard the development programme jeopardised by thedrop in revenue, additional financial support may be mobilised from theprogrammable resources for the country's long-term development on thebasis of Articles 2 and 3.
Article 2
Eligibility criteria
1. Eligibility for additional resources shall be established by:
— a 10 %, or 2 % in the case of least-developed countries, loss of
export earnings from goods compared with the arithmetical average
of the earnings in the first three years of the first four years precedingthe application year;
or
— a 10 %, or 2 % in the case of least-developed countries, loss of
export earnings from the total of agricultural or mineral products
compared with the arithmetical average of the earnings in the first
three years of the first four years preceding the application year forcountries where the agricultural or mineral export revenues representmore than 40 % of total export revenues from goods.
2. Entitlement to additional support shall be limited to four
successive years.
3. The additional resources shall be reflected in the public accounts
of the country concerned. They shall be utilised in accordance with the
implementing provisions to be laid down pursuant to Article 23 of this
Decision. By agreement of both Parties the resources may be used tofinance programmes included in national budget. However a part of theadditional resources may also be set aside for specific sectors.
Article 3
Advances
The system for allocating additional resources shall provide for
advances to cover any delays in obtaining consolidated trade statisticsand to ensure that the resources in question can be included in thebudget of the year following the application year. Advances shall bemobilised on the basis of provisional export statistics drawn up by the
authorities of the OCTs and submitted to the Commission in advance of
the official final consolidated statistics. The maximum advance shall be80 % of the estimated amount of additional resources for the applicationyear. The amounts thus mobilised shall be adjusted by commonagreement between the Commission and the authorities of the OCT inthe light of final consolidated export statistics and the final figure of the
public deficit.
Article 4
Revision
The provisions in this Annex shall be subject to review at the latest after
two years from the entry into force of the implementing provisions2001D0822 — EN — 02.12.2001 — 000.001 — 48
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referred to in Article 23 of this Decision and subsequently at the request
of the Commission, a Member State or an OCT.2001D0822 — EN — 02.12.2001 — 000.001 — 49
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ANNEX II E
COMMUNITY FINANCIAL ASSISTANCE: BUDGETARY AID FOR
DEVELOPING COUNTRIES
Without prejudice to future modifications of budgetary provisions, the OCTs
benefit from the following budget lines foreseen for developing countries within
the general budget of the European Union. Except if explicitly excluded, the
OCTs may benefit from the general budget funds granted to developing countries.
1.Food and Humanitarian aid (Title B7-2 1)
— Council Decision 1999/576/EC of 29 June 1999 on the signing and
notification of the provisional application of the Food Aid Convention
1999 on behalf of the European Community(1).
— Council Decision 2000/421/EC of 13 June 2000, on the conclusion, on
behalf of the European Community, of the Food Aid Convention 1999(2).
— Council Regulation (EC) No 1292/96 of 27 June 1996 on food aid policy
and food aid management and special operations in support of food
security(3).
— Council Regulation (EC) No 1257/96 of 20 June 1996 concerning
humanitarian aid(4).
2.Community measures to support NGOs (Chapter B7.60)
— Resolution of the European Parliament of 14 May 1992 on the role of the
non-governmental organisations in development cooperation(5).
— Council Regulation (EC) No 1658/98 of 17 July 1998 on co-financing
operations with European non-governmental development organisations
(NGOs) in fields of interest to the developing countries(6).
3.Training and promotion of awareness of development issues (Chapter
B7.61)
— Council Regulation (EC) No 2836/98 of 22 December 1998 on integrating
gender issues in development cooperation(7).
4.Environment (Chapter B7.62)
— Regulation (EC) No 2493/2000 of the European Parliament and of the
Council of 7 November 2000 on measures to promote the full integration
of the environmental dimension in the development process of developing
countries(8).
— Regulation (EC) No 2494/2000 of the European Parliament and of the
Council of 7 November 2000 on measures to promote the conservation and
sustainable management of tropical forests and other forests in developing
countries(9).
5.Health and the fight against drugs, population and demography in the
developing countries (Chapter B7.63)
— Council Regulation (EC) No 2046/97 of 13 October 1997 on north-south
cooperation in the campaign against drugs and drug addiction(10).
— Council Regulation (EC) No 550/97 of 24 March 1997 on HIV/AIDS-
related operations in developing countries(11).
6.Specific aid schemes in the development field (Chapter B7.64)
— Council Regulation (EC) No 2258/96 of 22 November 1996 on
rehabilitation and reconstruction operations in developing countries(12).2001D0822 — EN — 02.12.2001 — 000.001 — 50
(1) OJ L 222, 24.8.1999, p. 38.
(2) OJ L 163, 4.7.2000, p. 37.
(3) OJ L 166, 5.7.1996, p. 1.
(4) OJ L 163, 2.7.1996, p. 1.
(5) OJ C 150, 15.6.1992, p. 273.
(6) OJ L 213, 30.7.1998, p. 1. Regulation as amended by Regulation of the European
Parliament and of the Council (EC) No 1726/2001 (OJ L 234, 1.9.2001, p. 10).
(7) OJ L 354, 30.12.1998, p. 5.
(8) OJ L 288, 15.11.2000, p. 1.
(9) OJ L 288, 15.11.2000, p. 6.
(10) OJ L 287, 21.10.1997, p. 1.
(11) OJ L 85, 27.3.1997, p. 1.
(12) OJ L 306, 28.11.1996, p. 1.
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— Council Regulation (EC) No 1659/98 of 17 July 1998 on decentralised
cooperation(1).
7.Campaign against sex tourism in third countries (Chapter B7.626)
— Implementation of the activities envisaged under the campaign against
child sex tourism will continue on the basis of the Commission
communication of 26 May 1999 and the Council conclusions of 21
December 1999.2001D0822 — EN — 02.12.2001 — 000.001 — 51
(1) OJ L 213, 30.7.1998, p. 6.
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ANNEX II F
OTHER COMMUNITY ASSISTANCE: PARTICIPATION IN COMMU-
NITY PROGRAMMES
The following programmes, and any programmes succeeding them, shall apply to
OCT nationals within the framework of the quota for the Member State to which
the OCT concerned is linked:
1.Education and training programmes:
(a) Leonardo da Vinci, second phase of the Community vocational training
action programme, set up by Council Decision 1999/382/EC of 26 April
1999(1),
(b) Promotion of European pathways for work-linked training, including
apprenticeship, set up by Council Decision 1999/51/EC of 21 December
1998(2),
(c) Socrates, second phase of the Community action programme in the field
of education, set up by Decision 253/2000/EC of the European
Parliament and of the Council of 24 January 2000(3),
(d) ‘Youth’ Community action programme, established by Decision 1031/
2000/EC of the European Parliament and of the Council of 13 April
2000(4).
2.The enterprise support programmes:
(a) Multi-annual Programme for Enterprise and Entrepreneurship (2001-
2005), set up by Council Decision 2000/819/EC of 20 December
2000(5),
(b) Artisanat, provided for in the programme referred to in (a),
(c) Euromanagement, provided for in the programme referred to in (a),
(d) Seed capital, according to the third multiannual programme for SMEs,
set up by Council Decision 97/15/EC of 9 December 1996(6).
3.Research, development and innovation programmes of the 5th Frame-
work Programme:
3.1.Theme programmes:
(a) Specific programme for research, technological development and
demonstration on quality of life and management of living resources
(1998 to 2002)(7),
(b) Specific programme for research, technological development and
demonstration on a user-friendly information society (1998 to 2002)(8),
(c) Specific programme for research, technological development and
demonstration on competitive and sustainable growth (1998 to 2002)(9),
(d) Specific programme for research, technological development and
demonstration on energy, environment and sustainable development
(1998 to 2002), set up by Council Decision 1999/171/EC of 25 January
1999(10).
3.2.Horizontal Programmes:
(a) Specific programme on confirming the international role of Community
research (1998-2002)(11).
(b) Specific programme for research, technological development and
demonstration on promotion of innovation and encouragement of SME
participation (1998-2002)(12).
(c) Specific programme for research, technological development and
demonstration on improving the human research potential and the
socio-economic knowledge base (1998-2002)(13).2001D0822 — EN — 02.12.2001 — 000.001 — 52
(1) OJ L 146, 11.6.1999, p. 33.
(2) OJ L 17, 22.1.1999, p. 45.
(3) OJ L 28, 3.2.2000, p. 1.
(4) OJ L 117, 18.5.2000, p. 1.
(5) OJ L 333, 29.12.2000, p. 84.
(6) OJ L 6, 10.1.1997, p. 25.
(7) OJ L 64, 12.3.1999, p. 1.
(8) OJ L 64, 12.3.1999, p. 20.
(9) OJ L 64, 12.3.1999, p. 40.
(10) OJ L 64, 12.3.1999, p. 58.
(11) OJ L 64, 12.3.1999, p. 78.
(12) OJ L 64, 12.3.1999, p. 91.
(13) OJ L 64, 12.3.1999, p. 105.
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4.Cultural and audio-visual programmes:
(a) Programme to encourage the development, distribution and promotion of
European audio-visual works (Media Plus — Development, Distribution
and Promotion) for the period 2001-2005, set up by Council Decision
2000/821/EC of 20 December 2000.
(b) Culture 2000 (2000-2004), set up by Decision 508/2000/EC of the
European Parliament and the Council of 14 February 2000(1).
5. The HRTP Japan programme (human resources training programme in
Japan) and topical missions, set up by Council Decision 92/278/EEC of 18
May 1992.(2)2001D0822 — EN — 02.12.2001 — 000.001 — 53
(1) OJ L 63, 10.3.2000, p. 1.
(2) OJ L 144, 26.5.1992, p. 19.
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ANNEX III
CONCERNING THE DEFINITION OF THE CONCEPT OF ‘ORIGI-
NATING PRODUCTS’ AND METHODS OF ADMINISTRATIVE
COOPERATION
INDEX
TITLE I GENERAL PROVISIONS
— Article 1 DefinitionsTITLE II DEFINITION OF THE CONCEPT OF ‘ORIGINATING
PRODUCTS’
— Article 2 General requirements
— Article 3 Wholly obtained products— Article 4 Sufficiently worked or processed products— Article 5 Insufficient working or processing operations— Article 6 Cumulation of origin— Article 7 Unit of qualification— Article 8 Accessories, spare parts and tools— Article 9 Sets— Article 10 Neutral elementsTITLE III TERRITORIAL REQUIREMENTS— Article 11 Principal of territoriality— Article 12 Direct transport— Article 13 Exhibitions
TITLE IV PROOF OF ORIGIN
— Article 14 General requirements— Article 15 Procedure for the issue of amovement certifica te EUR.1— Article 16 Movement certificates EUR.1 issued retrospectively— Article 17 Issue of a duplicate movement certificate EUR.1— Article 18 Issue of movement certificates EUR.1 on the basis of a proof
of origin issued or made out previously
— Article 19 Conditions for making out an invoice declaration
— Article 20 Approved exporter— Article 21 Validity of proof of origin— Article 22 Transit procedure— Article 23 Submission of proof of origin
— Article 24 Importation by instalments
— Article 25 Exemptions from proof of origin— Article 26 Information procedure for cumulation purposes— Article 27 Supporting documents— Article 28 Preservation of proof of origin and supporting documents— Article 29 Discrepancies and formal errors— Article 30 Amounts expressed in EURTITLE V ARRANGEMENTS FOR ADMINISTRATIVE COOPERA-
TION
— Article 31 Communication of stamps and addresses2001D0822 — EN — 02.12.2001 — 000.001 — 54
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— Article 32 Verification of proofs of origin
— Article 33 Verification of suppliers declarations
— Article 34 Dispute settlement
— Article 35 Penalties
— Article 36 Free zones
— Article 37 Derogations
TITLE VI CEUTA AND MELILLA
— Article 38 Special conditions
TITLE VII FINAL PROVISIONS
— Article 39 Revision of Rules of Origin— Article 40 Appendices
— Article 41 Implementation of the Annex
— Article 42 Transitional period concerning the making out of forms EUR.2
Appendices
—Appendix 1 Introductory notes to the list in Appendix 2.
—Appendix 2 List of working or processing required to be carried out on
non-originating materials in order that the product manufac-
tured can obtain originating status.
—Appendix 3 Form for movement certificate EUR.1
—Appendix 4 Invoice declaration.
—Appendix 5A Supplier declaration for products having preferential origin
status.
—Appendix 5B Supplier declaration for products not having preferential origin
status.
—Appendix 6 Information certificate.
—Appendix 7 Form for application for a derogation.
TITLE I
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Annex:
(a) ‘manufacture’ means any kind of working or processing including
assembly or specific operations;
(b) ‘material’ means any ingredient, raw material, component or part,
etc., used in the manufacture of the product;
(c) ‘product’ means the product being manufactured, even if it is
intended for later use in another manufacturing operation;
(d) ‘goods’ means both materials and products;
(e) ‘customs value’ means the value as determined in accordance with
the 1994 Agreement on implementation of Article VII of theGeneral Agreement on Tariffs and Trade (WTO Agreement on
customs valuation);
(f) ‘ex-works price’ means the price paid for the product ex works to
the manufacturer in whose undertaking the last working orprocessing is carried out, provided the price includes the value ofall the materials used, minus any internal taxes which are, or maybe, repaid when the product obtained is exported;
(g) ‘value of materials’ means the customs value at the time of
importation of the non-originating materials used, or, if this is not2001D0822 — EN — 02.12.2001 — 000.001 — 55
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known and cannot be ascertained, the first ascertainable price paid
for the materials in the territory concerned;
(h) ‘value of originating materials’ means the value of such materials as
defined in subparagraph (g) applied mutatis mutandis ;
(i) ‘value added’ shall be taken to be the ex-works price minus the
customs value of third-country materials imported into the
Community, the ACP States or the OCT;
(j) ‘chapters’ and ‘headings’ mean the chapters and the headings (four-
digit codes) used in the nomenclature which makes up theHarmonised Commodity Description and Coding System, referredto in this Annex as ‘the Harmonised System’ or ‘HS’;
(k) ‘classified’ refers to the classification of a product or material under
a particular heading;
(l) ‘consignment’ means products which are either sent simultaneously
from one exporter to one consignee or covered by asingle tra nsport
document covering their shipment from the exporter to theconsignee or, in the a bsence of such adocument, by asingleinvoice;
(m) ‘territories’ includes territorial waters.
TITLE II
DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’
Article 2
General requirements
1. For the purpose of implementing the trade cooperation provisions
of the Decision, the following products shall be considered asoriginating in the OCT:
(a) products wholly obtained in the OCT within the meaning of Article
3 of this Annex;
(b) products obtained in the OCT incorporating materials which have
not been wholly obtained there, provided that such materials haveundergone sufficient working or processing in the OCT within themeaning of Article 4 of this Annex.
2. For the purpose of implementing paragraph 1, the territories of the
OCT shall be considered as being one territory.
3. Originating products made up of materials wholly obtained or
sufficiently worked or processed in two or more OCT shall be
considered as products originating in the OCT where the last working
or processing took place, provided this working or processing goesbeyond that referred to in Article 5 of this Annex.
Article 3
Wholly obtained products
1. The following shall be considered as wholly obtained, in the OCT,
in the Community, or in the ACP States:
(a) mineral products extracted from their soil or from their seabed;
(b) vegetable products harvested there;
(c) live animals born and raised there;
(d) products from live animals raised there;
(e) products obtained by hunting or fishing conducted there;
(f) products of sea fishing and other products taken from the sea outside
the territorial waters by their vessels;
(g) products made aboard their factory ships exclusively from products
referred to in subparagraph (f);2001D0822 — EN — 02.12.2001 — 000.001 — 56
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(h) used articles collected there fit only for the recovery of raw
materials, including used tyres fit only for retreading or for use aswaste;
(i) waste and scrap resulting from manufacturing operations conducted
there;
(j) products extracted from marine soil or subsoil outside the territorial
waters provided that they have sole rights to work that soil or
subsoil;
(k) goods produced there exclusively from the products specified in
subparagraphs (a) to (j).
2. The terms ‘their vessels’ and ‘their factory ships’ in paragraph 1(f)
and (g) shall apply only to vessels and factory ships:
(a) which are registered or recorded in an OCT, in a Member State or in
an ACP State;
(b) which sail under the flag of an OCT, of a EC Member State or of an
ACP State;
(c) which are owned to an extent of at least 50 per cent by OCT,
Member State or ACP nationals, or by a company with its headoffice in the OCT or one of these States, of which Chairman of the
Board of Directors or the Supervisory Board, and the majority of the
members of such boards are OCT, Member State, or ACP nationalsand of which, in addition, in the case of partnerships or limitedcompanies, at least half the capital belongs to Member States orACP States or to public bodies or nationals of the said States, or of
an OCT;
(d) of which at least 50 % of the crew, master and officers included, are
OCT, Member State, or ACP nationals.
3. Notwithstanding the provisions of paragraph 2, where an OCT
offers the Community the opportunity to negotiate a fisheries agreementand the Community does not accept this offer, the OCT concerned may
charter or lease third country vessels to undertake fisheries activities in
its exclusive economic zone and request that such vessels be treated as‘their vessels’ under the following conditions:
— that the OCT offered the Community the opportunity to negotiate a
fisheries agreement and the Community did not accept this offer;
— that at least 50 % of the crew, master and officers included are OCT,
Member State, or ACP nationals;
— that the charter or lease contract has been accepted by the
Commission as providing adequate opportunities for developingthe capacity of the OCT concerned to fish on its own account and inparticular as conferring on the OCT concerned the responsibility for
the nautical and commercial management of the vessel placed at its
disposal for a significant period of time.
Article 4
Sufficiently worked or processed products
1. For the purposes of this Annex, products which are not wholly
obtained are considered to be sufficiently worked or processed in theOCT, in the Community or in the ACP States, when the conditions set
out in the list in Appendix 2 are fulfilled.
The conditions referred to above indicate, for all products covered by
this Decision, the working or processing which must be carried out onnon-originating materials used in manufacturing and apply only in
relation to such materials. Accordingly, it follows that if a product,
which has acquired originating status by fulfilling the conditions set outin the list is used in the manufacture of another product, the conditionsapplicable to the product in which it is incorporated do not apply to it,and no account shall be taken of the non-originating materials whichmay have been used in its manufacture.2001D0822 — EN — 02.12.2001 — 000.001 — 57
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2. Notwithstanding paragraph 1, non-originating materials which,
according to the conditions set out in the list, should not be used in themanufacture of a given product may nevertheless be used, provided that:
(a) their total value does not exceed 15 per cent of the ex-works price of
the product;
(b) any of the percentages given in the list for the maximum value of
non-originating materials are not exceeded through the applicationof this paragraph.
3. Paragraphs 1 and 2 shall apply except as provided in Article 5.
Article 5
Insufficient working or processing operations
1. Without prejudice to paragraph 2, the following operations shall be
considered as insufficient working or processing to confer the status oforiginating products, whether or not the requirements of Article 4 aresatisfied:
(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, partial or total milling, polishing, and glazing of cereals
and rice;
(g) operations to colour sugar or form sugar lumps; partial or total
milling of 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 distin-
guishing signs on products or their packaging;
(m) simple mixing of products, whether or not of different kinds, where
one or more components of the mixtures do not meet the conditions
laid down in this Annex to enable them to be considered as
originating in the OCT, in the Community or in an ACP State;
(n) simple assembly of parts of articles to constitute a complete article
or disassembly of products into parts;
(o) a combination of two or more operations specified in subparagraphs
(a) to (n);
(p) slaughter of animals.
2. All the operations carried out in either the OCT, the Community or
the ACP States on a given product shall be considered together whendetermining whether the working or processing undergone by that
product is to be regarded as insufficient within the meaning of paragraph
1.
Article 6
Cumulation of origin
1. Materials originating in the Community or in the ACP States shall
be considered as materials originating in the OCT when incorporatedinto a product obtained there. It shall not be necessary that suchmaterials have undergone sufficient working or processing, provided2001D0822 — EN — 02.12.2001 — 000.001 — 58
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they have undergone working or processing going beyond that referred
to in Article 5.
2. Working and processing carried out in the Community or in the
ACP States shall be considered as having been carried out in the OCT,when the materials undergo subsequent working or processing in theOCT.
3. Products which have acquired originating status by virtue of
paragraph 2 shall only continue to be considered as products originatingin the OCT, when the working or processing carried out in the OCT goesbeyond that referred to in Article 5.
4. Paragraphs 1 and 2 shall not apply to the products falling within
Chapters 1 to 24 of the Harmonised System if the materials usedoriginate in the Community and are covered by an export refund systemfor agricultural products, unless evidence is provided that no exportrefund has been paid for the materials used.
With regard to products falling within HS Chapter 17 and HS tariff
headings 1806 10 30 and 1806 10 90, ACP/EC-OCT cumulation oforigin shall only be allowed as from 1 February 2002 within an annualquantity of 28 000 tonnes until 31 December 2007. Such annual quantity
shall be progressively reduced and eventually phased out, as follows:
21 000 tonnes on 1 January 2008;
14 000 tonnes on 1 January 2009;7 000 tonnes on 1 January 2010;zero tonnes on 1 January 2011.
Such annual quantities may not be carried over from one year to the
next.
For the purpose of implementing the rules on cumulation of origin,
forming sugar lumps or cubes and milling of sugar shall be consideredas sufficient to confer OCT-originating status.
The Commission shall adopt the necessary implementing arrangements.
5. With regard to products falling within HS code 1006 and without
prejudice to the possible increases referred to in subparagraphs 4 and 5,ACP-OCT cumulation of origin shall only be allowed as from 1
February 2002 within a total annual quantity of 160 000 tonnes
expressed as husked rice equivalent, which shall include the tariffquota for rice originating in ACP States provided for in the ACP-ECPartnership Agreement.
An initial issue of import licences for a quantity of 35 000 tonnes
expressed as husked rice equivalent shall be made to the OCTs eachyear, and within this quantity, import licences for a quantity of 10 000tonnes expressed as husked rice equivalent shall be issued to the leastdeveloped OCTs listed in Annex IB. All other import licences shall be
issued to the Netherlands Antilles and Aruba. OCT imports may reach
the level of 160 000 tonnes referred to in the first subparagraph,including the abovementioned 35 000 tonnes, without prejudice to anyincreases referred to in subparagraphs 4 and 5, in so far as the ACPStates do not actually use their direct export possibilities under the quotareferred to in the first subparagraph.
The issue of import licences shall be spaced out over the year in a series
of periods laid down to ensure balanced market management.
In accordance with the procedure laid down in Article 22 of Regulation
(EC) No 3072/95, the Commission may increase the quantity referred toin the first subparagraph by a maximum of 20 000 tonnes expressed ashusked rice equivalent if, during April and once it has a sufficientlyclear view of the current Community marketing year, it finds that suchan increase will not disrupt the Community market.
If the Commission finds, as from 1 August, that there is an established
risk of a shortage of Indica rice on the Community market, it may, byway of derogation from subparagraphs 1 to 4 and in accordance with theapplicable management procedures, increase the above quantities.2001D0822 — EN — 02.12.2001 — 000.001 — 59
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For the purposes of implementing this paragraph and notwithstanding
Article 5(1)(f), wholly milling or semi-milling operations shall beconsidered as sufficient to confer the status of OCT-originating
products.
The Commission shall adopt the necessary implementing arrangements
by the same procedure.
The quantities set out in this paragraph may not be carried over from one
year to the next.
Article 7
Unit of qualification
1. The unit of qualification for the application of the provisions of
this Annex shall be the particular product which is considered as the
basic unit when determining classification using the nomenclature of theHarmonised System.
Accordingly, 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 aconsignment consists of anumber of identica l products
classified under the same heading of the Harmonised System, eachproduct must be taken individually when applying the provisions ofthis Annex.
2. Where, under General Rule 5 of the Harmonised System,
packaging is included with the product for classification purposes, it
shall be included for the purposes of determining origin.
Article 8
Accessories, spare parts and tools
Accessories, spare parts and tools dispatched with a piece of equipment,
machine, apparatus or vehicle, which are part of the normal equipment
and included in the price thereof or which are not separately invoiced,shall be regarded as one with the piece of equipment, machine,apparatus or vehicle in question.
Article 9
Sets
Sets, as defined in General Rule 3 of the Harmonised System, shall be
regarded as originating when all component products are originating.Nevertheless, when a set is composed of originating and non-originatingproducts, the set as a whole shall be regarded as originating, provided
that the value of the non-originating products does not exceed 15 per
cent of the ex-works price of the set.
Article 10
Neutral elements
In order to determine whether a product originates, it shall not be
necessary to determine the origin of the following which might be used
in its manufacture:
(a) energy and fuel;
(b) plant and equipment;
(c) machines and tools;
(d) goods which do not enter and which are not intended to enter into
the final composition of the product.2001D0822 — EN — 02.12.2001 — 000.001 — 60
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TITLE III
TERRITORIAL REQUIREMENTS
Article 11
Principle of territoriality
1. The conditions set out in Title II relative to the acquisition of
originating status must be fulfilled without interruption in the OCT,
except as provided for in Article 6.
2. If originating goods exported from the OCT, the Community, or
the ACP States to another country are returned, they must be consideredas non-originating, unless it can be demonstrated to the satisfaction ofthe customs authorities that:
(a) the goods returned are the same goods as those exported;
(b) they have not undergone any operation beyond that necessary to
preserve them in good condition while in that country or while beingexported.
Article 12
Direct transport
1. The preferential treatment provided for under the trade cooperation
provisions of the Decision applies only to products, satisfying therequirements of this Annex, which are transported directly between the
territories of the OCT, of the Community, or of the ACP States, without
entering any other territory. However, products constituting one singleconsignment may be transported through other territories with, shouldthe occasion arise, transhipment or temporary warehousing in suchterritories, provided that they remain under the surveillance of thecustoms authorities in the country of transit or warehousing and do not
undergo operations other than unloading, reloading or any operation
designed to preserve them in good condition.
Originating products may be transported by pipeline across territory
other than that of an OCT, of the Community, or of an ACP State.
2. Evidence that the conditions set out in paragraph 1 have been
fulfilled shall be supplied to the customs authorities of the importingcountry by the production of:
(a) a single transport document covering the passage from the exporting
country or territory through the country of transit; or
(b) a certificate issued by the customs authorities of the country of
transit:
(i) giving an exact description of the products;
(ii) stating the dates of unloading and reloading of the products and,
where applicable, the names of the ships, or the other means of
transport used;
(iii) certifying the conditions under which the products remained in
the transit country; or
(c) failing these, any substantiating documents.
Article 13
Exhibitions
1. Originating products, sent from an OCT for exhibition in a country
other than an OCT, an ACP State or a Member State and sold after theexhibition for importation in the Community shall benefit on importa-tion from the provisions of the Decision provided it is shown to the
satisfaction of the customs authorities that:
(a) an exporter has consigned these products from an OCT 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 aperson in the Community;2001D0822 — EN — 02.12.2001 — 000.001 — 61
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(c) the products have been consigned during the exhibition or
immediately thereafter in the state in which they were sent forexhibition;
(d) the products have not, since they were consigned for exhibition,
been used for any purpose other than demonstration at theexhibition.
2. A proof of origin must be issued or made out in accordance with
the provisions of Title IV and submitted to the customs authorities of theimporting country in the normal manner. The name and address of theexhibition must be indicated thereon. Where necessary, additionaldocumentary 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 viewto the sale of foreign products, and during which the products remainunder customs control.
TITLE IV
PROOF OF ORIGIN
Article 14
General requirements
1. Products originating in the OCT shall, on importation into the
Community benefit from this Decision upon submission of either:
(a) a movement certificate EUR.1, a specimen of which appears in
Appendix 3; or
(b) in the cases specified in Article 19(1), a declaration, the text of
which appears in Appendix 4, given by the exporter on an invoice, a
delivery note or any other commercial document which describes
the products concerned in sufficient detail to enable them to beidentified (hereinafter referred to as the ‘invoice declaration’).
2. Notwithstanding paragraph 1, originating products within the
meaning of this Annex shall, in the cases specified in Article 25, benefitfrom this Decision without it being necessary to submit any of thedocuments referred to above.
Article 15
Procedure for the issue of a movement certificate EUR.1
1. A movement certificate EUR.1 shall be issued by the customs
authorities of the exporting OCT on application having been made in
writing by the exporter or, under the exporter's responsibility, by his
authorised representative.
2. For this purpose, the exporter or his authorised representative shall
fill out both the movement certificate EUR.1 and the application form,
specimens of which appear in Appendix 3. These forms shall becompleted in accordance with the provisions of this Annex. If they arehand-written, they shall be completed in ink in printed characters. Thedescription of the products must be given in the box reserved for this
purpose without leaving any blank lines. Where the box is not
completely filled, a horizontal line must be drawn below the last lineof the description, the empty space being crossed through.
3. The exporter applying for the issue of a movement certificate
EUR.1 shall be prepared to submit at any time, at the request of thecustoms authorities of the exporting OCT where the movementcertificate EUR.1 is issued, all appropriate documents proving theoriginating status of the products concerned as well as the fulfilment ofthe other requirements of this Annex.
4. A movement certificate EUR.1 shall be issued by the customs
authorities of the exporting OCT if the products concerned can be2001D0822 — EN — 02.12.2001 — 000.001 — 62
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considered as products originating in the OCT, in the Community or in
the ACP and fulfil the other requirements of this Annex.
5. The issuing customs authorities shall take any steps necessary to
verify the originating status of the products and the fulfilment of the
other requirements of this Annex. For this purpose, they shall have theright to call for any evidence and to carry out any inspection of theexporter's accounts or any other check considered appropriate. Theissuing customs authorities shall also ensure that the forms referred to inparagraph 2 are duly completed. In particular, they shall check whether
the space reserved for the description of the products has been
completed in such a manner as to exclude all possibility of fraudulentadditions.
6. The date of issue of the movement certificate EUR.1 shall be
indicated in Box 11 of the certificate.
7. A movement certificate EUR.1 shall be issued by the customs
authorities and made available to the exporter as soon as actual
exportation has been effected or ensured.
Article 16
Movement certificates EUR.1 issued retrospectively
1. Notwithstanding Article 15(7), a movement certificate EUR.1 may
exceptionally be issued after exportation of the products to which itrelates if:
(a) it was not issued at the time of exportation because of errors or
involuntary omissions or special circumstances; or
(b) it is demonstrated to the satisfaction of the customs authorities that a
movement certificate EUR.1 was issued but was not accepted atimportation for technical reasons.
2. For the implementation of paragraph 1, the exporter must indicate
in his application the place and date of exportation of the products to
which the movement certificate EUR.1 relates, and state the reasons forhis request.
3. The customs authorities may issue a movement certificate EUR.1
retrospectively only after verifying that the information supplied in theexporter's application agrees with that in the corresponding file.
4. Movement certificates EUR.1 issued retrospectively must be
endorsed with one of the following phrases in the ‘Remarks’ box
(Box 7) of the movement certificate EUR.1.
«EXPEDIDO A POSTERIORI» , »UDSTEDT EFTERFØLGENDE« ,
„NACHTRÄGLICH AUSGESTELLT“ , « ΕΚ∆ΟΘΕΝ ΕΚ ΤΩΝ
ΥΣΤΕΡΩΝ » , ‘ISSUED RETROSPECTIVELY’ , «DÉLIVRÉ A
POSTERIORI» , «RILASCIATO A POSTERIORI» , „AFGEGEVEN
A POSTERIORI” , «EMITIDO A POSTERIORI » , ”ANNETTU
JÄLKIKÄTEEN” , ”UTFÄRDAT I EFTERHAND”.
5. The endorsement referred to in paragraph 4 shall be inserted in the
‘Remarks’ box of the movement certificate EUR.1.
Article 17
Issue of a duplicate movement certificate EUR.1
1. In the event of theft, loss or destruction of amovement certifica te
EUR.1, the exporter may apply to the customs authorities which issued it
for a duplicate made out on the basis of the export documents in their
possession.
2. The duplicate movement certificate EUR.1 shall be endorsed in the
‘Remarks’ box (Box 7) with one of the following words:
‘DUPLICADO’, ‘DUPLIKAT’, ‘ ΑΝΤΙΓΡΑΦΟ ’, ‘DUPLICATE’,
‘DUPLICATA’, ‘DUPLICATO’, ‘DUPLICAAT’, ‘SEGUNDA VIA’,‘KAKSOISKAPPALE’.2001D0822 — EN — 02.12.2001 — 000.001 — 63
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3. The endorsement referred to in paragraph 2 shall be inserted in the
‘Remarks’ box of the duplicate movement certificate EUR.1.
4. The duplicate, which must bear the date of issue of the original
movement certificate EUR.1, shall take effect as from that date.
Article 18
Issue of movement certificates EUR.1 on the basis of a proof of
origin issued or made out previously
When originating products are placed under the control of a customs
office in the Community or in an OCT, it shall be possible to replace theoriginal proof of origin by one or more movement certificates EUR.1 forthe purpose of sending all or some of these products elsewhere withinthe Community or within the OCT. The replacement movement
certificate(s) EUR.1 shall be issued by the customs office under whose
control the products are placed.
Article 19
Conditions for making out an invoice declaration
1. An invoice declaration as referred to in Article 14(1)(b) may be
made out:
(a) by an approved exporter within the meaning of Article 20, or
(b) by any exporter for any consignment consisting of one or more
packages containing originating products whose total value does not
exceed EUR 6 000.
2. An invoice declaration may be made out if the products concerned
can be considered as products originating in the OCT, in the ACP Statesor in the Community and fulfil the other requirements of this Annex.
3. The exporter making out an invoice declaration shall be prepared
to submit at any time, at the request of the customs authorities of theexporting country or territory, all appropriate documents proving the
originating status of the products concerned as well as the fulfilment of
the other requirements of this Annex.
4. An invoice declaration shall be made out by the exporter by
typing, stamping or printing on the invoice, the delivery note or anothercommercial document, the declaration, the text of which appears inAppendix 4, using one of the linguistic versions set out in that Annex
and in accordance with the provisions of the domestic law of the
exporting country or territory. If the declaration is hand-written, it shallbe written in ink in printed characters.
5. Invoice declarations shall bear the original signature of the
exporter in manuscript. However, an approved exporter within themeaning of Article 20 shall not be required to sign such declarations
provided that he gives the customs authorities of the exporting country a
written undertaking that he accepts full responsibility for any invoicedeclaration which identifies him as if it had been signed in manuscriptby him.
6. An invoice declaration may be made out by the exporter when the
products to which it relates are exported, or after exportation oncondition that it is presented in the importing country no longer than two
years after the importation of the products to which it relates.
Article 20
Approved exporter
1. The customs authorities of the exporting country may authorise
any exporter who makes frequent shipments of products under the tradecooperation provisions of the Decision to make out invoice declarationsirrespective of the value of the products concerned. An exporter seekingsuch authorisation must offer to the satisfaction of the customsauthorities all guarantees necessary to verify the originating status of2001D0822 — EN — 02.12.2001 — 000.001 — 64
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the products as well as the fulfilment of the other requirements of this
Annex.
2. The customs authorities may grant the status of approved exporter
subject to any conditions which they consider appropriate.
3. The customs authorities shall grant to the approved exporter a
customs authorisation number which shall appear on the invoicedeclaration.
4. The customs authorities shall monitor the use of the authorisation
by the approved exporter.
5. The customs authorities may withdraw the authorisation at any
time. They shall do so where the approved exporter no longer offers the
guarantees referred to in paragraph 1, does not fulfil the conditionsreferred to in paragraph 2 or otherwise makes an incorrect use of theauthorisation.
Article 21
Validity of proof of origin
1. A proof of origin shall be valid for ten months from the date of
issue in the exporting country, and must be submitted within the said
period to the customs authorities of the importing country.
2. Proofs of origin which are submitted to the customs authorities of
the importing country after the final date for presentation specified inparagraph 1 may be accepted for the purpose of applying preferentialtreatment, where the failure to submit these documents by the final date
set is due to exceptional circumstances.
3. In other cases of belated presentation, the customs authorities of
the importing country may accept the proofs of origin where theproducts have been submitted before the said final date.
Article 22
Transit procedure
When the products enter an OCT or an ACP State other than the country
of origin, a further period of validity of 4 months shall commence on the
date on which the customs authorities in the country of transit enter the
following in the Remarks box (Box 7) of the certificate EUR.1:
— the word ‘transit’,
— the name of the country of transit,— the official stamp, a specimen of which had been made available to
the Commission, in conformity with Article 31,
— date of the endorsements.
Article 23
Submission of proof of origin
Proofs of origin shall be submitted to the customs authorities of the
importing country in accordance with the procedures applicable in that
country. The said authorities may require a translation of a proof of
origin and may also require the import declaration to be accompanied bya statement from the importer to the effect that the products meet theconditions required for the implementation of the Decision.
Article 24
Importation by instalments
Where, at the request of the importer and on the conditions laid down by
the customs authorities of the importing country, dismantled or non-
assembled products within the meaning of General Rule 2(a) of the
Harmonised System falling within Sections XVI and XVII or headingNos 7308 and 9406 of the Harmonised System are imported byinstalments, a single proof of origin for such products shall be submittedto the customs authorities upon importation of the first instalment.2001D0822 — EN — 02.12.2001 — 000.001 — 65
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Article 25
Exemptions from proof of origin
1. Products sent as small packages from private persons to private
persons or forming part of travellers' personal luggage shall be admitted
as originating products without requiring the submission of a proof oforigin, provided that such products are not imported by way of trade andhave been declared as meeting the requirements of this Annex andwhere there is no doubt as to the veracity of such a declaration. In the
case of products sent by post, this declaration can be made on the
customs declaration CN22/CN23 or on a sheet of paper annexed to thatdocument.
2. Imports which are occasional and consist solely of products for the
personal use of the recipients or travellers or their families shall not beconsidered as imports by way of trade if it is evident from the nature andquantity of the products that no commercial purpose is in view.
3. Furthermore, the total value of these products shall not exceed
500 EUR in the case of small packages or 1 200 EUR in the case ofproducts forming part of travellers' personal luggage.
Article 26
Information procedure for cumulation purposes
1. When Article 2(2) or Article 6(1) are applied, the evidence of
originating status within the meaning of this Annex of the materialscoming from the other OCT, the Community or the ACP States shall begiven by a movement certificate EUR.1 or by the supplier's declaration,
a specimen of which appears in Appendix 5 A, given by the exporter in
the country from which the materials came.
2. When Article 2(2) or Article 6(2) are applied, the evidence of the
working or processing carried out in the other OCT, the Community or
in the ACP States shall be given by the supplier's declaration a specimenof which appears in Appendix 5 B, given by the exporter in the countryfrom which the materials came.
3. A separate supplier's declaration shall be given by the supplier for
each consignment of material on the commercial invoice related to thatshipment or in an annex to that invoice, or on a delivery note or othercommercial document related to that shipment which describes the
materials concerned in sufficient detail to enable them to be identified.
4. The supplier's declaration may be made out on a pre-printed form.
5. The suppliers' declarations shall be signed in manuscript. However,
where the invoice and the supplier's declaration are established usingelectronic data-processing methods, the supplier's declaration need notbe signed in manuscript provided the responsible official in the
supplying company is identified to the satisfaction of the customs
authorities in the country or territory where the suppliers' declarationsare established. The said customs authorities may lay down conditionsfor the implementation of this paragraph.
6. The supplier's declarations are submitted to the competent customs
office in the exporting OCT requested to issue the movement certificateEUR.1.
7. Suppliers' declarations made and information certificates issued
before the date of entry into force of this Decision in accordance withArticle 23 of Annex II to Decision 91/482/EEC shall remain valid.
8. For the purpose of Article 6(4), first subparagraph, the movement
certificate EUR.1 shall be endorsed with one of the following phrases inthe ‘Remarks’ box (Box 7) of the movement certificate EUR.1:
«RESTITUCIÓN A LA EXPORTACIÓN NO PAGADA», »EKSPOR-
TRESTITUTION IKKE UDBETALT«, „KEINEAUSFUHRERSTATTUNG GEZAHLT“, « ∆ΕΝ ΚΑΤΕΒΛΗΘΗ
ΚΑΤΑ ΤΗΝ ΕΞΑΓΩΓΗ », ‘EXPORT REFUND NOT PAID’,
«RESTITUTION À L'EXPORTATION NON PAYÉE», «RESTITU-2001D0822 — EN — 02.12.2001 — 000.001 — 66
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ZIONE ALL'ESPORTAZIONE NON CORRISPOSTA», „GEEN
UITVOERRESTITUTIE BETAALD”, «RESTITUIÇÕES À EXPOR-TAÇÃO NÃO PAGAS», ”EI MAKSETTU VIENTITUKEA”,
”EXPORTSTÖD EJ UTBETALAT”.
Article 27
Supporting documents
The documents referred to in Article 15(3) and Article 19(3) used for the
purpose of proving that products covered by a movement certificate
EUR.1 or an invoice declaration can be considered as products
originating in an OCT or in the Community or in an ACP and fulfilthe other requirements of this Annex may consist inter alia of the
following:
(a) direct evidence of the processes carried out by the exporter or
supplier to obtain the goods concerned, contained for example in his
accounts or internal bookkeeping;
(b) documents proving the originating status of materials used, issued or
made out in an OCT, or in the Community or in an ACP State where
these documents are used in accordance with domestic law;
(c) documents proving the working or processing of materials in the
OCT, in the Community, or in the ACP States, issued or made out inan OCT, in the Community or in an ACP State, where thesedocuments are used in accordance with domestic law;
(d) movement certificates EUR.1 or invoice declarations proving the
originating status of materials used, issued or made out in the OCT,in the Community or in the ACP States and in accordance with thisAnnex.
Article 28
Preservation of proof of origin and supporting documents
1. The exporter applying for the issue of a movement certificate
EUR.1 shall keep for at least three years the documents referred to inArticle 15(3).
2. The exporter making out an invoice declaration shall keep for at
least three years a copy of this invoice declaration as well as the
documents referred to in Article 19(3).
3. The customs authorities of the exporting OCT issuing a movement
certificate EUR.1 shall keep for at least three years the application formreferred to in Article 15(2).
4. The customs authorities of the importing country shall keep for at
least three years the movement certificates EUR.1 and the invoicedeclarations submitted to them.
Article 29
Discrepancies and formal errors
1. The discovery of slight discrepancies between the statements made
in the proof of origin and those made in the documents submitted to thecustoms office for the purpose of carrying out the formalities forimporting the products shall not ipsofacto render the proof of origin null
and void if it is duly established that this document does correspond to
the products submitted.
2. Obvious formal errors such as typing errors on a proof of origin
should not cause this document to be rejected if these errors are not suchas to create doubts concerning the correctness of the statements made inthis document.2001D0822 — EN — 02.12.2001 — 000.001 — 67
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Article 30
Amounts expressed in euro
1. The amounts to be used in any given national currency of a
Member State shall be the equivalent in that national currency of theamounts expressed in euro as at the first working day in October 1999.
2. The amounts expressed in euro and their equivalents in the
national currencies of some Member States shall be reviewed by theCustoms Code Committee (Origin Section) at the request of the
Commission, a Member State or of the OCT. When carrying out this
review, the Committee shall ensure that there will be no decrease in theamounts to be used in any national currency and shall furthermoreconsider the desirability of preserving the effects of the limits concernedin real terms. For this purpose, it may decide to modify the amounts
expressed in euro.
3. When the products are invoiced in the currency of another Member
State, the importing country shall recognise the amount notified by theMember State concerned.
TITLE V
ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
Article 31
Communication of stamps and addresses
The OCT shall send to the Commission specimens of the stamps used
together with the addresses of the customs authorities competent to issue
movement certificates EUR.1 and carry out the subsequent verificationof movement certificates EUR.1 and invoice declarations.
Movement certificates EUR.1 shall be accepted for the purpose of
applying preferential treatment from the date the information is received
by the Commission.
The Commission shall send this information to the customs authorities
of the Member States.
Article 32
Verification of proofs of origin
1. In order to ensure the proper application of this Annex, the OCT,
the Community and the ACP States shall assist each other, through the
competent customs administrations, in checking the authenticity of themovement certificates EUR.1 or the invoice declarations and thecorrectness of the information given in these documents.
The authorities consulted shall furnish the relevant information
concerning the conditions under which the product has been made,
indicating especially the conditions in which the rules of origin have
been respected in the various OCT, Member States or ACP Statesconcerned.
2. Subsequent verifications of proofs of origin shall be carried out at
random or whenever the customs authorities of the importing country
have reasonable doubts as to the authenticity of such documents, the
originating status of the products concerned or the fulfilment of the otherrequirements of this Annex.
3. For the purposes of implementing the provisions of paragraph 2,
the customs authorities of the importing country shall return the
movement certificate EUR.1 and the invoice, if it has been submitted,
the invoice declaration, or a copy of these documents, to the customsauthorities of the exporting country giving, where appropriate, thereasons for the enquiry. Any documents and information obtainedsuggesting that the information given on the proof or origin is incorrectshall be forwarded in support of the request for verification.2001D0822 — EN — 02.12.2001 — 000.001 — 68
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4. The verification shall be carried out by the customs authorities of
the exporting country. For this purpose, they shall have the right to callfor any evidence and to carry out any inspection of the exporter's
accounts or any other check considered appropriate.
5. If the customs authorities of the importing country decide to
suspend the granting of preferential treatment to the products concernedwhile awaiting the results of the verification, release of the productsshall be offered to the importer subject to any precautionary measures
judged necessary.
6. The customs authorities requesting the verification shall be
informed of the results of this verification as soon as possible. Theseresults must indicate clearly whether the documents are authentic andwhether the products concerned can be considered as productsoriginating in the OCT, in the Community or in the ACP and fulfil
the other requirements of this Annex.
7. If in cases of reasonable doubt there is no reply within ten months
of the date of the verification request or if the reply does not containsufficient information to determine the authenticity of the document inquestion or the real origin of the products, the requesting customsauthorities shall, except in exceptional circumstances, refuse entitlement
to the preferences.
8. Where the verification procedure or any other available informa-
tion appears to indicate that the provisions of this Annex are beingcontravened, the OCT on its own initiative or at the request of theCommunity shall carry out appropriate enquires or arrange for suchenquiries to be carried out with due urgency to identify and prevent such
contraventions. The Commission may participate in the enquiries.
Article 33
Verification of suppliers' declarations
1. Verification of suppliers' declaration may be carried out at random
or whenever the customs authorities of the importing country havereasonable doubts as to the authenticity of the document or the accuracyor completeness of the information concerning the true origin of the
materials in question.
2. The customs authorities to which a supplier's declaration is
submitted may request the customs authorities of the State where thedeclaration was made to issue an information certificate, a specimen ofwhich appears in Appendix 6. Alternatively, the customs authorities towhich a supplier's declaration is submitted may request the exporter to
produce an information certificate issued by the customs authorities of
the State where the declaration was made.
A copy of the information certificate shall be preserved by the office
which has issued it for at least three years.
3. The requesting customs authorities shall be informed of the results
of the verification as soon as possible. The results must be such as to
indicate positively whether the declaration concerning the status of the
materials is correct.
4. For the purpose of verification, suppliers shall keep for not less
than three years a copy of the document containing the declarationtogether with all necessary evidence showing the true status of thematerials.
5. The customs authorities in the State where the supplier's
declaration is established shall have the right to call for any evidenceor to carry out any check which they consider appropriate in order toverify the correctness of any supplier's declaration.
6. Any movement certificate EUR.1 issued or made out on the basis
of an incorrect supplier's declaration shall be considered null and void.2001D0822 — EN — 02.12.2001 — 000.001 — 69
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Article 34
Dispute settlement
Where disputes arise in relation to the verification procedures of Articles
32 and 33 which cannot be settled between the customs authoritiesrequesting a verification and the customs authorities responsible forcarrying out this verification or where they raise a question as to the
interpretation of this Annex, they shall be submitted to the Customs
Code Committee — Origin Section instituted by Regulation (EEC) No2913/92.
In all cases the settlement of disputes between the importer and the
customs authorities of the importing country shall be under thelegislation of the said country.
Article 35
Penalties
Penalties shall be imposed on any person who draws up, or causes to be
drawn up, a document which contains incorrect information for thepurpose of obtaining a preferential treatment for products.
Article 36
Free zones
1. The OCT and the Member States shall take all necessary steps to
ensure that products traded under cover of a proof of origin or a
supplier's declaration and which in the course of transport use a free
zone situated in their territory, are not substituted by other goods and donot undergo handling other than normal operations designed to preventtheir deterioration.
2. By means of an exemption to the provisions contained in
paragraph 1, when originating products are imported into a free zoneunder cover of a proof of origin and undergo treatment or processing, the
authorities concerned shall issue a new EUR.1 certificate at the
exporter's request, if the treatment or processing undergone is inconformity with the provisions of this Annex.
Article 37
Derogations
1. Derogations from this Annex may be adopted where the
development of existing industries or the creation of new industries
justifies them.
The Member State or, where appropriate, the OCT authorities concerned
shall notify the Community of its request for a derogation together withthe reasons for the request in accordance with paragraph 2.
The Community shall respond positively to all the requests which are
duly justified in conformity with this Article and which cannot causeserious injury to an established Community industry.
2. In order to facilitate the examination of requests for derogation, the
Member State or OCT making the request shall, by means of the formgiven in Appendix 7, furnish in support of its request the fullest possible
information covering in particular the points listed below:
— description of the finished product,
— nature and quantity of materials originating in a third country,
— nature and quantity of materials originating in ACP States, the
Community or the OCT, or which have been processed there,
— manufacturing processes,
— value added,
— number of employees in the enterprise concerned,— anticipated volume of exports to the Community,
— other possible sources of supply for raw materials,2001D0822 — EN — 02.12.2001 — 000.001 — 70
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— reasons for the duration requested in the light of efforts made to find
new sources of supply,
— other observations.
The same rules shall apply to any requests for extension.
3. The examination of requests shall in particular take into account:
(a) the level of development or the geographical situation of the OCT
concerned;
(b) cases where the application of the existing rules of origin would
significantly affect the ability of an existing industry in OCT tocontinue its exports to the Community, with particular reference tocases where this could lead to cessation of its activities;
(c) specific cases where it can be clearly demonstrated that significant
investment in an industry could be deterred by the rules of originand where a derogation favouring the realisation of the investment
programme would enable these rules to be satisfied by stages.
4. In every case an examination shall be made to ascertain whether
the rules relating to cumulation of origin do not provide a solution to the
problem.
5. In addition when a request for derogation concerns a least-
developed country or territory, its examination shall be carried out with
a favourable bias having particular regard to:
(a) the economic and social impact of the decision to be taken
especially in respect of employment;
(b) the need to apply the derogation for a period taking into account the
particular situation of the OCT concerned and its difficulties.
6. In the examination of requests, special account shall be taken, case
by case, of the possibility of conferring originating status on productswhich include in their composition materials originating in neighbouring
developing countries or least-developed countries, provided that
satisfactory administrative cooperation can be established.
7. Without prejudice to paragraphs 1 to 6, the derogation shall be
granted where the value added to the non-originating products used in
the OCT concerned is at least 45 % of the value of the finished product,provided that the derogation is not such as to cause serious injury to aneconomic sector of the Community or of one or more Member States.
8. (a) The Council and the Commission shall take steps necessary to
ensure that a decision is reached as quickly as possible and in anycase not later than 75 working days after the request is receivedby the Chairman of the Customs Code Committee — OriginSection. In this context, Council Decision 2000/399/EC(
1) shall
applymutatis mutandis .
(b) If adecision is not ta ken within the time limit referred to in
subparagraph (a), the request shall be deemed to have beenaccepted.
9. (a) The derogation shall be valid for a period, generally of five years.
(b) The derogation decision may provide for renewals without a new
decision of the Commission being necessary, provided that the
Member State or OCT concerned submits, three months beforethe end of each period, proof that it is still unable to meet theconditions of this Annex which have been derogated from.
If any objection is made to the extension, the Commission shall
examine it as soon as possible and decide whether to prolong thederogation. The Commission shall proceed as provided for inparagraph 8. All necessary measures shall be taken to avoidinterruptions in the application of the derogation.2001D0822 — EN — 02.12.2001 — 000.001 — 71
(1) Council Decision of 16 June 2000 on the procedure concerning derogations
from the rules of origin set out in Protocol No 1 to the ACP-EC Partnership
Agreement (OJ L 151, 24.6.2000, p. 16).
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(c) In the periods referred to in subparagraphs (a) and (b), the
Community may review the terms for implementing thederogation should a significant change be found to have taken
place in the substantive factors governing the decision to grant
the derogation. On conclusion of its review the Community maydecide to amend the terms of its decision as regards the scope ofderogation or any other condition previously laid down.
TITLE VI
CEUTA AND MELILLA
Article 38
Special conditions
1. The term ‘Community’ used in this Annex shall not cover Ceuta
and Melilla. The term ‘products originating in the Community’ shall notcover products originating in Ceuta and Melilla.
2. The provisions of this Annex shall apply mutatis mutandis in
determining whether products may be deemed as originating in the OCTwhen imported into Ceuta and Melilla.
3. Where products wholly obtained in Ceuta, Melilla, the ACP States
or the Community undergo working and processing in the OCT, theyshall be considered as having been wholly obtained in the OCT.
4. Working or processing carried out in Ceuta, Melilla, the ACP
States or the Community shall be considered as having been carried out
in the OCT, when materials undergo further working or processing in
the OCT.
5. For the purpose of implementing paragraphs 3 and 4, the
insufficient operations listed in Article 5 shall not be considered asworking or processing.
6. Ceuta and Melilla shall be considered as a single territory.
TITLE VII
FINAL PROVISIONS
Article 39
Revision of rules of origin
1. The Council shall examine whenever the relevant authorities of a
country or territory or of the Community so request, the application of
the provisions of this Annex and their economic effects with a view tomaking any necessary amendments or adaptations.
The Council shall take into account among other elements the effects on
the rules of origin of technological developments.
The decisions taken shall be implemented as soon as possible.2. Any technical amendments to this Annex shall be adopted in
accordance with the regulatory procedure laid down in Article 5 ofCouncil Decision 1999/468/EC of 28 June 1999. The Commission shallbe assisted for such purpose by the Customs Code Committee referred toin Article 247aof Regula tion (EEC) No 2913/92(
1), and the period laid
down in Article 5(6) of Decision 1999/468/EC shall be set at three
months. The afore-mentioned procedure shall not apply to Article 6(4)and (5) of this Annex.2001D0822 — EN — 02.12.2001 — 000.001 — 72
(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC)
No 2700/2000 (OJ L 311, 12.12.2000, p. 17).
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Article 40
Appendices
The Appendices to this Annex shall form an integral part thereof.
Article 41
Implementation of the Annex
The Community and the OCT shall each take the steps necessary to
implement this Annex.
Article 42
Transitional period concerning the making out of forms EUR.2
1. Until 31 December 2002, the competent customs authorities of the
Community shall accept as valid proof of origin within the meaning ofthis Annex EUR.2 forms issued within the context of this Decision.
2. Requests for subsequent verification of EUR.2 forms shall be
accepted by the competent authorities of the exporting countries for a
period of two years after the making out of the EUR.2 form concerned.These verifications shall be carried out in accordance with Title V of thisAnnex.2001D0822 — EN — 02.12.2001 — 000.001 — 73
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Appendix 1
Introductory notes to the list in Appendix 2
Note 1:
The list sets out the conditions required for all products to be considered as
sufficiently worked or processed within the meaning of Article 4 of Appendix 2.
Note 2:
2.1. The first two columns in the list describe the product obtained. The first
column gives the heading number or chapter number used in the Harmonized
System and the second column gives the description of goods used in that
system for that heading or chapter. For each entry in the first two columns a
rule is specified in columns 3 or 4. Where, in some cases, the entry in the
first column is preceded by an ‘ex’, this signifies that the rules in columns 3
or 4 apply only to the part of that heading as described in column 2.
2.2. Where several heading numbers are grouped together in column 1 or a
chapter number is given and the description of products in column 2 is
therefore given in general terms, the adjacent rules in columns 3 or 4 apply
to all products which, under the Harmonized System, are classified in
headings of the chapter or in any of the headings grouped together in column
1.
2.3. Where there are different rules in the list applying to different products
within a heading, each indent contains the description of that part of the
heading covered by the adjacent rules in columns 3 or 4.
2.4. Where, for an entry in the first two columns, a rule is specified in both
columns 3 and 4, the exporter may opt, as an alternative, to apply either the
rule set out in column 3 or that set out in column 4. If no origin rule is given
in column 4, the rule set out in column 3 has to be applied.
Note 3:
3.1. The provisions of Article 4 of Annex III concerning products having
acquired originating status which are used in the manufacture of other
products apply regardless of whether this status has been acquired inside the
factory where these products are used or in another factory in the
Community or in the OCT.
Example:
An engine of heading No 8407, for which the rule states that the value of the
non-originating materials which may be incorporated may not exceed 40 per
cent of the ex-works price, is made from ‘other alloy steel roughly shaped by
forging’ of heading No ex 7224.
If this forging has been forged in the country concerned from a non-
originating ingot, it has already acquired originating status by virtue of the
rule for heading No ex 7224 in the list. The forging can then count as
originating in the value calculation for the engine regardless of whether it
was produced in the same factory or in another factory in the Community.
The value of the non-originating ingot is thus not taken into account when
adding up the value of the non-originating materials used.
3.2. The rule in the list represents the minimum amount of working or processing
required and the carrying out of more working or processing also confers
originating status; conversely, the carrying out of less working or processing
cannot confer originating status. Thus if a rule provides that non-originating
material at a certain level of manufacture may be used, the use of such
material at an earlier stage of manufacture is allowed and the use of such
material at a later stage is not.
3.3. Without prejudice to Note 3.2 where a rule states that ‘materials of any
heading’ may be used, materials of the same heading as the product may also
be used, subject, however, to any specific limitations which may also be
contained in the rule. However, the expression ‘manufacture from materials
of any heading, including other materials of heading No…’ means that only
materials classified in the same heading as the product of a different
description than that of the product as given in column 2 of the list may be
used.
3.4. When a rule in the list specifies that a product may be manufactured from
more than one material, this means that any one or more materials may be
used. It does not require that all be used.2001D0822 — EN — 02.12.2001 — 000.001 — 74
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Example:
The rule for fabrics of heading Nos 5208 to 5212 provides that natural fibres
may be used and that chemical materials, among other materials, may also
be used. This does not mean that both have to be used; it is possible to use
one or the other or both.
3.5. Where a rule in the list specifies that a product must be manufactured from a
particular material, the condition obviously does not prevent the use of other
materials which, because of their inherent nature, cannot satisfy the rule.
(See also Note 6.2 and 6.3 below in relation to textiles).
Example:The rule for prepared foods of heading No 1904 which specifically excludes
the use of cereals and their derivatives does not prevent the use of mineral
salts, chemicals and other additives which are not products from cereals.
However, this does not apply to products which, although they cannot be
manufactured from the particular materials specified in the list, can be
produced from a material of the same nature at an earlier stage ofmanufacture.
Example:In the case of an article of apparel of ex Chapter 62 made from non-woven
materials, if the use of only non-originating yarn is allowed for this class of
article, it is not possible to start from non-woven cloth — even if non-woven
cloths cannot normally be made from yarn. In such cases, the starting
material would normally be at the stage before yarn — that is the fibre stage.
3.6. Where, in a rule in the list, two percentages are given for the maximum
value of non-originating materials that can be used, then these percentages
may not be added together. In other words, the maximum value of all the
non-originating materials used may never exceed the highest of the
percentages given. Furthermore, the individual percentages must not be
exceeded in relation to the particular materials they apply to.
Note 4:
4.1. The term ‘natural fibres’ is used in the list to refer to fibres other than
artificial or synthetic fibres. It is restricted to the stages before spinning takes
place, including waste, and, unless otherwise specified, includes fibres that
have been carded, combed or otherwise processed but not spun.
4.2. The term ‘natural fibres’ includes horsehair of heading No 0503, silk of
heading Nos 5002 and 5003 as well as the wool fibres, fine or coarse animal
hair of heading Nos 5101 to 5105, the cotton fibres of heading Nos 5201 to
5203 and the other vegetable fibres of heading Nos 5301 to 5305.
4.3. The terms ‘textile pulp’, ‘chemical materials’ and ‘paper-making materials’
are used in the list to describe the materials not classified in Chapters 50 to
63, which can be used to manufacture artificial, synthetic or paper fibres or
yarns.
4.4. The term ‘man-made staple fibres’ is used in the list to refer to synthetic or
artificial filament tow, staple fibres or waste, of heading Nos 5501 to 5507.
Note 5:
5.1. Where for agiven product in the list areference is ma de to this note, the
conditions set out in column 3 shall not be applied to any basic textile
materials, used in the manufacture of this product, which, taken together,
represent 10 per cent or less of the total weight of all the basic textile
materials used. (See also Notes 5.3 and 5.4 below).
5.2. However, the tolerance mentioned in Note 5.1 may only be applied to mixed
products which have been made from two or more basic textile materials.
The following are the basic textile materials:
— silk,
— wool,
— coarse animal hair,— fine animal hair,— horsehair,
— cotton,
— paper-making materials and paper,— flax,
— true hemp,2001D0822 — EN — 02.12.2001 — 000.001 — 75
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— jute and other textile bast fibres,
— sisal and other textile fibres of the genus Agave,— coconut, abaca, ramie and other vegetable textile fibres,— synthetic man-made filaments,
— artificial man-made filaments,
— current conducting filaments,— synthetic man-made staple fibres of polypropylene,
— synthetic man-made staple fibres of polyester,
— synthetic man-made staple fibres of polyamide,— synthetic man-made staple fibres of polyacrylonitrile,— synthetic man-made staple fibres of polyimide,
— synthetic man-made staple fibres of polytetrafluoroethylene,
— synthetic man-made staple fibres of polyphenylene sulphide,— synthetic man-made staple fibres of polyvinyl chloride,— other synthetic man-made staple fibres,
— artificial man-made staple fibres of viscose,
— other artificial man-made staple fibres,— yarn made of polyurethane segmented with flexible segments of
polyether whether or not gimped,
— yarn made of polyurethane segmented with flexible segments of
polyester whether or not gimped,
— products of heading No 5605 (metallized yarn) incorporating strip
consisting of a core of aluminium foil or of a core of plastic film whether
or not coated with aluminium powder, of a width not exceeding 5 mm,
sandwiched by means of a transparent or coloured adhesive between two
layers of plastic film,
— other products of heading No 5605.
Example:A yarn of heading No 5205 made from cotton fibres of heading No 5203 and
synthetic staple fibres of heading No 5506 is a mixed yarn. Therefore, non-
originating synthetic staple fibres that do not satisfy the origin rules (which
require manufacture from chemical materials or textile pulp) may be used up
to aweight of 10 per cent of the ya rn.
Example:A woollen fabric of heading No 5112 made from woollen yarn of heading
No 5107 and synthetic yarn of staple fibres of heading No 5509 is a mixed
fabric. Therefore, synthetic yarn which does not satisfy the origin rules
(which require manufacture from chemical materials or textile pulp) or
woollen yarn that does not satisfy the origin rules (which require
manufacture from natural fibres, not carded or combed or otherwise
prepared for spinning) or a combination of the two may be used provided
their total weight does not exceed 10 per cent of the weight of the fabric.
Example:Tufted textile fabric of heading No 5802 made from cotton yarn of heading
No 5205 and cotton fabric of heading No 5210 is only a mixed product if the
cotton fabric is itself a mixed fabric being made from yarns classified in two
separate headings or if the cotton yarns used are themselves mixtures.
Example:If the tufted textile fabric concerned had been made from cotton yarn of
heading No 5205 and synthetic fabric of heading No 5407, then, obviously,
the yarns used are two separate basic textile materials and the tufted textile
fabric is accordingly a mixed product.
5.3. In the case of products incorporating ‘yarn made of polyurethane segmented
with flexible segments of polyether whether or not gimped’ this tolerance is
20 per cent in respect of this yarn.
5.4. In the case of products incorporating ‘strip consisting of a core of aluminium
foil or of a core of plastic film whether or not coated with aluminium
powder, of a width not exceeding 5 mm, sandwiched by means of an
adhesive between two layers of plastic film’, this tolerance is 30 per cent in
respect of this strip.
Note 6:
6.1. In the case of those textile products, which are marked in the list by a
footnote referring to this Introductory Note, textile trimmings and
accessories which do not satisfy the rule set out in the list in column 3 for2001D0822 — EN — 02.12.2001 — 000.001 — 76
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the made up products concerned may be used provided that their weight does
not exceed 10 % of the total weight of all the textile materials incorporated.
Textile trimmings and accessories are those classified in Chapters 50 to 63.
Linings and interlinings are not to be regarded as trimmings or accessories.
6.2. Any non-textile trimmings and accessories or other materials used which
contain textiles do not have to satisfy the conditions set out in column 3 even
though they fall outside the scope of Note 3.5.
6.3. In accordance with Note 3.5, any non-originating non-textile trimmings and
accessories or other product, which do not contain any textiles, may,
anyway, be used freely where they cannot be made from the materials listed
in column 3.
For example if a rule in the list says that for a particular textile item, such as
a blouse, yarn must be used, this does not prevent the use of metal items,
such as buttons, because they cannot be made from textile materials.
6.4. Where a percentage rule applies, the value of trimmings and accessories
must be taken into account when calculating the value of the non-originating
materials incorporated.
Note 7:
7.1. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901, ex 2902
and ex 3403, the ‘specific processes’ are the following:
(a) vacuum distillation;
(b) redistillation by a very thorough fractionation process(1);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) the process comprising all the following operations: processing with
concentrated sulphuric acid, oleum or sulphuric anhydride; neutraliza-
tion with alkaline agents; decolorization and purification with naturally
active earth, activated earth, activated charcoal or bauxite;
(g) polymerization;(h) alkylation;
(i) isomerization.
7.2. For the purposes of heading Nos 2710, 2711 and 2712, the ‘specific
processes’ are the following:
(a) vacuum distillation;
(b) redistillation by a very thorough fractionation process;
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) the process comprising all the following operations: processing with
concentrated sulphuric acid, oleum or sulphuric anhydride; neutraliza-
tion with alkaline agents; decolorization and purification with naturally
active earth, activated earth, activated charcoal or bauxite;
(g) polymerization;(h) alkylation;
ij) isomerization;
(k) in respect of heavy oils falling within heading No ex 2710 only,
desulphurization with hydrogen resulting in a reduction of at least 85 per
cent of the sulphur content of the products processed
(ASTM D 1266-59 T method);
(l) in respect of products falling within heading No 2710 only,
deparaffining by a process other than filtering;
(m) in respect of heavy oils falling within heading No ex 2710 only,
treatment with hydrogen at a pressure of more than 20 bar and a
temperature of more than 250 ºC with the use of a catalyst, other than to
effect desulphurization, when the hydrogen constitutes an active
element in a chemical reaction. The further treatment with hydrogen2001D0822 — EN — 02.12.2001 — 000.001 — 77
(1) See Additional Explanatory Note 4(b) to Chapter 27 of the Combined Nomenclature.
▼B
of lubricating oils of heading No ex 2710 (e.g. hydrofinishing or
decolorization) in order, more especially, to improve colour or stability
shall not, however, be deemed to be a specific process;
(n) in respect of fuel oils falling within heading No ex 2710 only,
atmospheric distillation, on condition that less than 30 per cent of these
products distils, by volume, including losses, at 300 ºC by the ASTM D
86 method;
(o) in respect of heavy oils other than gas oils and fuel oils falling within
heading No ex 2710 only, treatment by means of a high-frequency
electrical brush-discharge.
7.3. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901, ex 2902
and ex 3403, simple operations such as cleaning, decanting, desalting, water
separation, filtering, colouring, marking, obtaining a sulphur content as a
result of mixing products with different sulphur contents, any combination of
these operations or like operations do not confer origin.2001D0822 — EN — 02.12.2001 — 000.001 — 78
Appendix 2
List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain
originating status
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
Chapter 1 Live animals All the animals of Chapter 1 used must
be wholly obtained
Chapter 2 Meat and edible meat offal Manufacture in which all the materials
of Chapters 1 and 2 used must be wholly
obtained
Chapter 3 Fish and crustaceans, molluscs and other
aquatic invertebratesManufacture in which all the materials
of Chapter 3 used must be wholly
obtained
ex Chapter 4 Dairy produce; birds' eggs; natural
honey; edible products of animal origin,
not elsewhere specified or included;
except for:Manufacture in which all the materials
of Chapter 4 used must be wholly
obtained
0403 Buttermilk, curdled milk and cream,
yoghurt, kephir and other fermented or
acidified milk and cream, whether or not
concentrated or containing added sugar
or other sweetening matter or flavoured
or containing added fruit, nuts or cocoaManufacture in which:
— all the materials of Chapter 4 used
must be wholly obtained;
— any fruit juice (except those of
pineapple, lime or grapefruit) of
heading No 2009 used must already
be originating;
— the value of any materials of Chapter
17 used does not exceed 30 % of the
ex-works price of the product
ex Chapter 5 Products of animal origin, not elsewhere
specified or included; except for:Manufacture in which all the materials
of Chapter 5 used must be wholly
obtained
ex 0502 Prepared pigs', hogs' or boars' bristles
and hairCleaning, disinfecting, sorting and
straightening of bristles and hair▼M12001D0822 — EN — 02.12.2001 — 000.001 — 79
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
Chapter 6 Live trees and other plants; bulbs, roots
and the like; cut flowers and ornamental
foliageManufacture in which:
— all the materials of Chapter 6 used
must be wholly obtained;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product
Chapter 7 Edible vegetables and certain roots and
tubersManufacture in which all the materials
of Chapter 7 used must be wholly
obtained
Chapter 8 Edible fruit and nuts; peel of citrus fruits
or melonsManufacture in which:
— all the fruit and nuts used must be
wholly obtained;
— the value of any materials of Chapter
17 used does not exceed 30 % of the
value of the ex-works price of the
product
ex Chapter 9 Coffee, tea, maté and spices; except for: Manufacture in which all the materials
of Chapter 9 used must be wholly
obtained
0901 Coffee, whether or not roasted or
decaffeinated; coffee husks and skins;
coffee substitutes containing coffee in
any proportionManufacture from materials of any
heading
0902 Tea, whether or not flavoured Manufacture from materials of any
heading
ex 0910 Mixtures of spices Manufacture from materials of any
heading
Chapter 10 Cereals Manufacture in which all the materials
of Chapter 10 used must be wholly
obtained
ex Chapter 11 Products of the milling industry; malt;
starches; inulin; wheat gluten; except
for:Manufacture in which all the cereals,
edible vegetables, roots and tubers of
heading No 0714 or fruit used must be▼M12001D0822 — EN — 02.12.2001 — 000.001 — 80
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
wholly obtained
ex 1106 Flour, meal and powder of the dried,
shelled leguminous vegetables of
heading No 0713Drying and milling of leguminous
vegetables of heading No 0708
Chapter 12 Oil seeds and oleaginous fruits; miscel-
laneous grains, seeds and fruit; industrial
or medicinal plants; straw and fodderManufacture in which all the materials
of Chapter 12 used must be wholly
obtained
1301 Lac; natural gums, resins, gum-resins
and oleoresins (for example, balsams)Manufacture in which the value of any
materials of heading No 1301 used may
not exceed 50 % of the ex-works price
of the product
1302 Vegetable saps and extracts; pectic
substances, pectinates and pectates;
agar-agar and other mucilages and
thickeners, whether or not modified,
derived from vegetable products:
— Mucilages and thickeners, modified,
derived from vegetable productsManufacture from non-modified muci-
lages and thickeners
— Other Manufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
Chapter 14 Vegetable plaiting materials; vegetable
products not elsewhere specified or
includedManufacture in which all the materials
of Chapter 14 used must be wholly
obtained
ex Chapter 15 Animal or vegetable fats and oils and
their cleavage products; prepared edible
fats; animal or vegetable waxes; except
for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
1501 Pig fat (including lard) and poultry fat,
other than that of heading No 0209 or
1503
— Fats from bones or waste Manufacture from materials of any
heading except those of headings Nos
0203, 0206 or 0207 or bones of heading
No 0506▼M12001D0822 — EN — 02.12.2001 — 000.001 — 81
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
— Other Manufacture from meat or edible offal
of swine of headings Nos 0203 or 0206
or of meat and edible offal of poultry of
heading No 0207
1502 Fats of bovine animals, sheep or goats,
other than those of heading No 1503
— Fats from bones or waste Manufacture from materials of any
heading except those of headings Nos
0201, 0202, 0204 or 0206 or bones of
heading No 0506
— Other Manufacture in which all the materials
of Chapter 2 used must be wholly
obtained
1504 Fats and oils and their fractions, of fish
or marine mammals, whether or not
refined, but not chemically modified:
— Solid fractions Manufacture from materials of any
heading including other materials of
heading No 1504
— Other Manufacture in which all the materials
of Chapters 2 and 3 used must be wholly
obtained
ex 1505 Refined lanolin Manufacture from crude wool grease of
heading No 1505
1506 Other animal fats and oils and their
fractions, whether or not refined, but not
chemically modified:
— Solid fractions Manufacture from materials of any
heading including other materials of
heading No 1506
— Other Manufacture in which all the materials
of Chapter 2 used must be wholly
obtained
1507 to 1515 Vegetable oils and their fractions:
— Soya, ground nut, palm, copra, palm
kernel, babassu, tung and oiticica oil,Manufacture in which all the materials
used are classified within a heading▼M12001D0822 — EN — 02.12.2001 — 000.001 — 82
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
myrtle wax and Japan wax, fractions of
jojoba oil and oils for technical or
industrial uses other than the manufac-
ture of foodstuffs for human
consumptionother than that of the product
— Solid fractions, except for that of
jojobaoilManufacture from other materials of
heading Nos 1507 to 1515
— Other Manufacture in which all the vegetable
materials used must be wholly obtained
1516 Animal or vegetable fats and oils and
their fractions, partly or wholly hydro-
genated, inter-esterified, re-esterified or
elaidinised, whether or not refined, but
not further preparedManufacture in which:
— all the materials of Chapter 2 used
must be wholly obtained;
— all the vegetable materials used must
be wholly obtained. However, mate-
rials of heading Nos 1507, 1508,
1511 and 1513 may be used
1517 Margarine; edible mixtures or prepara-
tions of animal or vegetable fats or oils
or of fractions of different fats or oils of
this Chapter, other than edible fats or
oils or their fractions of heading No
1516Manufacture in which:
— all the materials of Chapters 2 and 4
used must be wholly obtained;
— all the vegetable materials used must
be wholly obtained. However, mate-
rials of headings Nos 1507, 1508,
1511 and 1513 may be used
Chapter 16 Preparations of meat, of fish or of
crustaceans, molluscs or other aquatic
invertebratesManufacture from animals of Chapter 1.
All the materials of Chapter 3 used must
be wholly obtained
ex Chapter 17 Sugars and sugar confectionery; except
for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex 1701 Cane or beet sugar and chemically pure
sucrose, in solid form, containing added
flavouring or colouring matterManufacture in which the value of any
materials of Chapter 17 used does not
exceed 30 % of the ex-works price of
the product
1702 Other sugars, including chemically pure
lactose, maltose, glucose and fructose, in
solid form; sugar syrups not containing▼M12001D0822 — EN — 02.12.2001 — 000.001 — 83
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
added flavouring or colouring matter;
artificial honey, whether or not mixed
with natural honey; caramel:
— Chemically-pure maltose and fruc-
toseManufacture from materials of any
heading including other materials of
heading No 1702
— Other sugars in solid form,
containing added flavouring or
colouring matterManufacture in which the value of any
materials of Chapter 17 used does not
exceed 30 % of the ex-works price of
the product
— Other Manufacture in which all the materials
used must already be originating
ex 1703 Molasses resulting from the extraction
or refining of sugar, containing added
flavouring or colouring matterManufacture in which the value of any
materials of Chapter 17 used does not
exceed 30 % of the ex-works price of
the product
1704 Sugar confectionery (including white
chocolate), not containing cocoaManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of any materials of Chapter
17 used does not exceed 30 % of the
ex-works price of the product
Chapter 18 Cocoa and cocoa preparations Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of any materials of Chapter
17 used does not exceed 30 % of the
ex-works price of the product
1901 Malt extract; food preparations of flour,
meal, starch or malt extract, not
containing cocoa or containing less
than 40 % by weight of cocoa calculated
on a totally defatted basis, not elsewhere
specified or included; food preparations
of goods of headings Nos 0401 to 0404,▼M12001D0822 — EN — 02.12.2001 — 000.001 — 84
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
not containing cocoa or containing less
than 5 % by weight of cocoa calculated
on a totally defatted basis, not elsewhere
specified or included:
— Malt extract Manufacture from cereals of Chapter 10
— Other Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of the materials of each of
Chapters 4 and 17 used does not
exceed 30 % of the ex-works price
of the product
1902 Pasta, whether or not cooked or stuffed
(with meat or other substances) or
otherwise prepared, such as spaghetti,
macaroni, noodles, lasagne, gnocchi,
ravioli, cannelloni; couscous, whether
or not prepared:
— Containing 20 % or less by weight of
meat, meat offal, fish, crustaceans or
molluscsManufacture in which all the cereals and
derivatives (except durum wheat and its
derivatives) used must be wholly
obtained
— Containing more than 20 % by
weight of meat, meat offal, fish, crusta-
ceans or molluscsManufacture in which:
— all cereals and derivatives (except
durum wheat and its derivatives)
used must be wholly obtained;
— all the materials of Chapters 2 and 3
used must be wholly obtained
1903 Tapioca and substitutes therefor
prepared from starch, in the form of
flakes, grains, pearls, siftings or similar
formsManufacture from materials of any
heading except potato starch of heading
No 1108
1904 Prepared foods obtained by the swelling
or roasting of cereals or cereal products
(for example, corn flakes); cereals (other
than maize (corn)) in grain form, or in
the form of flakes or other workedManufacture:
— from materials not classified within
heading No 1806;
— in which all the cereals and flour▼M12001D0822 — EN — 02.12.2001 — 000.001 — 85
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
grains (except flour and meal), pre-
cooked, or otherwise prepared, not else-
where specified or included(except durum wheat and its deriva-
tives, and Zea indurata maize) used
must be wholly obtained (1);
— in which the value of any materials
of Chapter 17 used does not exceed
30 % of the ex-works price of the
product
1905 Bread, pastry, cakes, biscuits and other
bakers' wares, whether or not containing
cocoa; communion wafers, empty
cachets of a kind suitable for pharma-
ceutical use, sealing wafers, rice paper
and similar productsManufacture from materials of any
heading except those of Chapter 11
ex Chapter 20 Preparations of vegetables, fruit, nuts or
other parts of plants; except for:Manufacture in which all the fruit, nuts
or vegetables used must be wholly
obtained
ex 2001 Yams, sweet potatoes and similar edible
parts of plants containing 5 % or more
by weight of starch, prepared or
preserved by vinegar or acetic acidManufacture in which all the materials
used are classified within a heading
other than that of the product
ex 2004 and
ex 2005Potatoes in the form of flour, meal or
flakes, prepared or preserved otherwise
than by vinegar or acetic acidManufacture in which all the materials
used are classified within a heading
other than that of the product
2006 Vegetables, fruit, nuts, fruit-peel and
other parts of plants, preserved by sugar
(drained, glacé or crystallised)Manufacture in which the value of any
materials of Chapter 17 used does not
exceed 30 % of the ex-works price of
the product
2007 Jams, fruit jellies, marmalades, fruit or
nut purée and fruit or nut pastes, being
cooked preparations, whether or not
containing added sugar or other sweet-
ening matterManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of any materials of Chapter
17 used does not exceed 30 % of the
ex-works price of the product
ex 2008 — Nuts, not containing added sugar or
spiritsManufacture in which the value of the
originating nuts and oil seeds of head-
ings Nos 0801, 0802 and 1202 to 1207▼M12001D0822 — EN — 02.12.2001 — 000.001 — 86
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
used exceeds 60 % of the ex-works price
of the product
— Peanut butter; mixtures based on
cereals; palm hearts; maize (corn)Manufacture in which all the materials
used are classified within a heading
other than that of the product
— Other except for fruit and nuts
cooked otherwise than by steaming or
boiling in water, not containing added
sugar, frozenManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of any materials of Chapter
17 used does not exceed 30 % of the
ex-works price of the product
2009 Fruit juices (including grape must) and
vegetable juices, unfermented and not
containing added spirit, whether or not
containing added sugar or other sweet-
ening matterManufacture in which:
— all the materials used are classified
within a heading other than that ofthe product;
— the value of any materials of Chapter
17 used does not exceed 30 % of the
ex-works price of the product
ex Chapter 21 Miscellaneous edible preparations;
except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
2101 Extracts, essences and concentrates, of
coffee, tea or maté and preparations with
a basis of these products or with a basis
of coffee, tea or maté; roasted chicory
and other roasted coffee substitutes, and
extracts, essences and concentrates
thereofManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— all the chicory used must be wholly
obtained
2103 Sauces and preparations therefor; mixed
condiments and mixed seasonings;
mustard flour and meal and prepared
mustard:
— Sauces and preparations therefor;
mixed condiments and mixed seasoningsManufacture in which all the materials
used are classified within a heading
other than that of the product. However,
mustard flour or meal or prepared▼M12001D0822 — EN — 02.12.2001 — 000.001 — 87
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
mustard may be used
— Mustard flour and meal and prepared
mustardManufacture from materials of any
heading
ex 2104 Soups and broths and preparations
thereforManufacture from materials of any
heading except prepared or preserved
vegetables of headings Nos 2002 to
2005
2106 Food preparations not elsewhere speci-
fied or includedManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of the materials of each of
Chapters 4 and 17 used does not
exceed 30 % of the ex-works price
of the product
ex Chapter 22 Beverages, spirits and vinegar; except
for:Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— all the grapes or any material
derived from grapes used must be
wholly obtained
2202 Waters, including mineral waters and
aerated waters, containing added sugar
or other sweetening matter or flavoured,
and other non-alcoholic beverages, not
including fruit or vegetable juices of
heading No 2009Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of any materials of Chapter
17 used does not exceed 30 % of the
ex-works price of the product;
— any fruit juice used (except for
pineapple, lime and grapefruit
juices) must already be originating
2207 Undenatured ethyl alcohol of an alco-
holic strength by volume of 80 % vol or
higher; ethyl alcohol and other spirits,
denatured, of any strengthManufacture:
— from materials not classified within
headings Nos 2207 or 2208,
— in which all the grapes or any▼M12001D0822 — EN — 02.12.2001 — 000.001 — 88
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
material derived from grapes used
must be wholly obtained or if all the
other materials used are already
originating, arrack may be used up
to alimit of 5 % by volume
2208 Undenatured ethyl alcohol of an alco-
holic strength by volume of less than
80 % vol; spirits, liqueurs and other
spirituous beveragesManufacture:
— from materials not classified within
headings Nos 2207 or 2208,
— in which all the grapes or any
material derived from grapes used
must be wholly obtained or if all the
other materials used are already
originating, arrack may be used up
to alimit of 5 % by volume
ex Chapter 23 Residues and waste from the food
industries; prepared animal fodder;
except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex 2301 Whale meal; flours, meals and pellets of
fish or of crustaceans, molluscs or other
aquatic invertebrates, unfit for human
consumptionManufacture in which all the materials
of Chapters 2 and 3 used must be wholly
obtained
ex 2303 Residues from the manufacture of starch
from maize (excluding concentrated
steeping liquors), of aprotein content,
calculated on the dry product, exceeding
40 % by weightManufacture in which all the maize used
must be wholly obtained
ex 2306 Oil cake and other solid residues
resulting from the extraction of olive
oil, containing more than 3 % of olive
oilManufacture in which all the olives used
must be wholly obtained
2309 Preparations of a kind used in animal
feedingManufacture in which:
— all the cereals, sugar or molasses,
meat or milk used must already be
originating;
— all the materials of Chapter 3 used
must be wholly obtained▼M12001D0822 — EN — 02.12.2001 — 000.001 — 89
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
ex Chapter 24 Tobacco and manufactured tobacco
substitutes; except for:Manufacture in which all the materials
of Chapter 24 used must be wholly
obtained
2402 Cigars, cheroots, cigarillos and cigar-
ettes, of tobacco or of tobacco
substitutesManufacture in which at least 70 % by
weight of the unmanufactured tobacco
or tobacco refuse of heading No 2401
used must already be originating
ex 2403 Smoking tobacco Manufacture in which at least 70 % by
weight of the unmanufactured tobacco
or tobacco refuse of heading No 2401
used must already be originating
ex Chapter 25 Salt; sulphur; earths and stone; plas-
tering materials, lime and cement;
except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex 2504 Natural crystalline graphite, with
enriched carbon content, purified and
groundEnriching of the carbon content, puri-
fying and grinding of crude crystalline
graphite
ex 2515 Marble, merely cut, by sawing or
otherwise, into blocks or slabs of a
rectangular (including square) shape, of
athickness not exceeding 25 cmCutting, by sawing or otherwise, of
marble (even if already sawn) of a
thickness exceeding 25 cm
ex 2516 Granite, porphyry, basalt, sandstone and
other monumental or building stone,
merely cut, by sawing or otherwise,
into blocks or slabs of a rectangular
(including square) shape, of a thickness
not exceeding 5 cmCutting, by sawing or otherwise, of
stone (even if already sawn) of a
thickness exceeding 25 cm
ex 2518 Calcined dolomite Calcination of dolomite not calcined
ex 2519 Crushed natural magnesium carbonate
(magnesite), in hermetically-sealed
containers, and magnesium oxide,
whether or not pure, other than fused
magnesia or dead-burned (sintered)
magnesiaManufacture in which all the materials
used are classified within a heading
other than that of the product. However,
natural magnesium carbonate (magne-
site) may be used
ex 2520 Plasters specially prepared for dentistry Manufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 90
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
ex 2524 Natural asbestos fibres Manufacture from asbestos concentrate
ex 2525 Micapowder Grinding of micaor micawa steex 2530 Earth colours, calcined or powdered Calcination or grinding of earth colours
Chapter 26 Ores, slag and ash Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex Chapter 27 Mineral fuels, mineral oils and products
of their distillation; bituminous
substances; mineral waxes; except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex2707 Oils in which the weight of the aromatic
constituents exceeds that of the non-
aromatic constituents, being oils similar
to mineral oils obtained by distillation of
high temperature coal tar, of which more
than 65 % by volume distils at a
temperature of up to 250 ºC (including
mixtures of petroleum spirit and
benzole), for use as power or heating
fuelsOperations of refining and/or one or
more specific process(es) (
2)
orOther operations in which all the
materials used are classified within a
heading other than that of the product.
However, materials classified within the
same heading may be used provided
their value does not exceed 50 % of the
ex-works price of the product
ex 2709 Crude oils obtained from bituminous
mineralsDestructive distillation of bituminous
materials
2710 Petroleum oils and oils obtained from
bituminous materials, other than crude;
preparations not elsewhere specified or
included, containing by weight 70 % or
more of petroleum oils or of oils
obtained from bituminous materials,
these oils being the basic constituents
of the preparationsOperations of refining and/or one or
more specific process(es) (
3)
or
Other operations in which all the
materials used are classified within a
heading other than that of the product.
However, materials classified within the
same heading may be used provided
their value does not exceed 50 % of the
ex-works price of the product
2711 Petroleum gases and other gaseous
hydrocarbonsOperations of refining and/or one or
more specific process(es) (3)
or▼M12001D0822 — EN — 02.12.2001 — 000.001 — 91
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
Other operations in which all the
materials used are classified within a
heading other than that of the product.
However, materials classified within the
same heading may be used provided
their value does not exceed 50 % of the
ex-works price of the product
2712 Petroleum jelly; paraffin wax, micro-
crystalline petroleum wax, slack wax,
ozokerite, lignite wax, peat wax, other
mineral waxes, and similar products
obtained by synthesis or by other
processes, whether or not colouredOperations of refining and/or one or
more specific process(es) (3)
orOther operations in which all the
materials used are classified within a
heading other than that of the product.
However, materials classified within the
same heading may be used provided
their value does not exceed 50 % of the
ex-works price of the product
2713 Petroleum coke, petroleum bitumen and
other residues of petroleum oils or of
oils obtained from bituminous materialsOperations of refining and/or one or
more specific process(es) (
2)
or
Other operations in which all the
materials used are classified within a
heading other than that of the product.
However, materials classified within the
same heading may be used provided
their value does not exceed 50 % of the
ex-works price of the product
2714 Bitumen and asphalt, natural; bitumi-
nous or oil shale and tar sands;
asphaltites and asphaltic rocksOperations of refining and/or one or
more specific process(es) (2)
or
Other operations in which all the
materials used are classified within a
heading other than that of the product.
However, materials classified within the
same heading may be used provided
their value does not exceed 50 % of the
ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 92
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
2715 Bituminous mixtures based on natural
asphalt, on natural bitumen, on petro-
leum bitumen, on mineral tar or on
mineral tar pitch (for example, bitumi-
nous mastics, cut-backs)Operations of refining and/or one or
more specific process(es) (2)
orOther operations in which all the
materials used are classified within a
heading other than that of the product.
However, materials classified within the
same heading may be used provided
their value does not exceed 50 % of the
ex-works price of the product
ex Chapter 28 Inorganic chemicals; organic or inor-
ganic compounds of precious metals, of
rare-earth metals, of radioactiveelements or of isotopes; except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,materials classified within the same
heading may be used provided their
value does not exceed 20 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex 2805 ‘Mischmetall’ Manufacture by electrolytic or thermal
treatment in which the value of all the
materials used does not exceed 50 % of
the ex-works price of the product
ex 2811 Sulphur trioxide Manufacture from sulphur dioxide Manufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex 2833 Aluminium sulphate Manufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
ex 2840 Sodium perborate Manufacture from disodium tetraborate
pentahydrateManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex Chapter 29 Organic chemicals; except for: Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
materials classified within the same
heading may be used provided their
value does not exceed 20 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 93
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
ex 2901 Acyclic hydrocarbons for use as power
or heating fuelsOperations of refining and/or one or
more specific process(es) (2)
or
Other operations in which all the
materials used are classified within a
heading other than that of the product.
However, materials classified within the
same heading may be used provided
their value does not exceed 50 % of the
ex-works price of the product
ex 2902 Cyclanes and cyclenes (other than
azulenes), benzene, toluene, xylenes,
for use as power or heating fuelsOperations of refining and/or one or
more specific process(es) (2)
or
Other operations in which all the
materials used are classified within a
heading other than that of the product.
However, materials classified within the
same heading may be used, provided
their value does not exceed 50 % of the
ex-works price of the product
ex 2905 Metal alcoholates of alcohols of this
heading and of ethanolManufacture from materials of any
heading, including other materials of
heading No 2905. However, metal
alcoholates of this heading may be
used, provided their value does not
exceed 20 % of the ex-works price of
the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
2915 Saturated acyclic monocarboxylic acids
and their anhydrides, halides, peroxides
and peroxyacids; their halogenated,
sulphonated, nitrated or nitrosated deri-
vativesManufacture from materials of any
heading. However, the value of all the
materials of headings Nos 2915 and
2916 used may not exceed 20 % of the
ex-works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex 2932 — Internal ethers and their halogenated,
sulphonated, nitrated or nitrosated deri-
vativesManufacture from materials of any
heading. However, the value of all the
materials of heading No 2909 used may
not exceed 20 % of the ex-works price
of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
— Cyclic acetals and internal hemiace- Manufacture from materials of any Manufacture in which the value of all the▼M12001D0822 — EN — 02.12.2001 — 000.001 — 94
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
tals and their halogenated, sulphonated,
nitrated or nitrosated derivativesheading materials used does not exceed 40 % of
the ex-works price of the product
2933 Heterocyclic compounds with nitrogen
hetero-atom(s) onlyManufacture from materials of any
heading. However, the value of all the
materials of headings Nos 2932 and
2933 used may not exceed 20 % of the
ex-works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
2934 Nucleic acids and their salts; other
heterocyclic compoundsManufacture from materials of any
heading. However, the value of all the
materials of headings Nos 2932, 2933
and 2934 used may not exceed 20 % of
the ex-works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex Chapter 30 Pharmaceutical products; except for: Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
materials classified within the same
heading may be used provided their
value does not exceed 20 % of the ex-
works price of the product
3002 Human blood; animal blood prepared
for therapeutic, prophylactic or diag-
nostic uses; antisera and other blood
fractions and modified immunological
products, whether or not obtained by
means of biotechnological processes;
vaccines, toxins, cultures of micro-
organisms (excluding yeasts) and similar
products:
— Products consisting of two or more
constituents which have been mixed
together for therapeutic or prophylacticuses or unmixed products for these uses,
put up in measured doses or in forms or
packings for retail saleManufacture from materials of any
heading, including other materials of
heading No 3002. The materials of thisdescription may also be used, provided
their value does not exceed 20 % of the
ex-works price of the product
— Other
— — Human blood Manufacture from materials of any
heading, including other materials of
heading No 3002. The materials of this▼M12001D0822 — EN — 02.12.2001 — 000.001 — 95
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
description may also be used, provided
their value does not exceed 20 % of the
ex-works price of the product
— — Animal blood prepared for
therapeutic or prophylactic usesManufacture from materials of any
heading, including other materials of
heading No 3002. The materials of this
description may also be used, provided
their value does not exceed 20 % of the
ex-works price of the product
— — Blood fractions other than anti-
sera, haemoglobin, blood globulins and
serum globulinsManufacture from materials of any
heading, including other materials of
heading No 3002. The materials of this
description may also be used, provided
their value does not exceed 20 % of the
ex-works price of the product
— — Haemoglobin, blood globulins and
serum globulinsManufacture from materials of any
heading, including other materials of
heading No 3002. The materials of this
description may also be used, provided
their value does not exceed 20 % of the
ex-works price of the product
— — Other Manufacture from materials of any
heading, including other materials of
heading No 3002. The materials of this
description may also be used, provided
their value does not exceed 20 % of the
ex-works price of the product
3003 and 3004 Medicaments (excluding goods of head-
ings Nos 3002, 3005 or 3006):
— Obtained from amikacin of heading
No 2941Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
materials of heading No 3003 or 3004
may be used provided their value, taken
together, does not exceed 20 % of the
ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 96
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
— Other Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product. However, materials of
heading No 3003 or 3004 may be
used provided their value, taken
together, does not exceed 20 % of
the ex-works price of the product;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product
ex Chapter 31 Fertilisers; except for: Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
materials classified within the same
heading may be used provided their
value does not exceed 20 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex 3105 Mineral or chemical fertilisers
containing two or three of the fertilising
elements nitrogen, phosphorous and
potassium; other fertilisers; goods of
this Chapter, in tablets or similar forms
or in packages of a gross weight not
exceeding 10 kg, except for:
— sodium nitrate
— calcium cyanamide
— potassium sulphate
— magnesium potassium sulphateManufacture in which:
— all the materials used are classified
within a heading other than that of
the product. However, materials
classified within the same heading
may be used provided their value
does not exceed 20 % of the ex-
works price of the product;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex Chapter 32 Tanning or dyeing extracts; tannins and
their derivatives; dyes, pigments and
other colouring matter; paints and
varnishes; putty and other mastics;
inks; except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
materials classified within the same
heading may be used provided their
value does not exceed 20 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex 3201 Tannins and their salts, ethers, esters and Manufacture from tanning extracts of Manufacture in which the value of all the▼M12001D0822 — EN — 02.12.2001 — 000.001 — 97
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
other derivatives vegetable origin materials used does not exceed 40 % of
the ex-works price of the product
3205 Colour lakes; preparations as specified
in Note 3 to this Chapter based on
colour lakes (4)Manufacture from materials of any
heading, except headings Nos 3203,
3204 and 3205. However, materials
from heading No 3205 may be used
provided their value does not exceed
20 % of the ex-works price of the
productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex Chapter 33 Essential oils and resinoids; perfumery,
cosmetic or toilet preparations; except
for:Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
materials classified within the same
heading may be used provided their
value does not exceed 20 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
3301 Essential oils (terpeneless or not),
including concretes and absolutes; resi-
noids; extracted oleoresins; concentrates
of essential oils in fats, in fixed oils, in
waxes or the like, obtained by enfleu-
rage or maceration; terpenic by-products
of the deterpenation of essential oils;
aqueous distillates and aqueous solu-
tions of essential oilsManufacture from materials of any
heading, including materials of a
different ‘group’ (5) in this heading.
However, materials of the same group
may be used, provided their value does
not exceed 20 % of the ex-works price
of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex Chapter 34 Soap, organic surface-active agents,
washing preparations, lubricating
preparations, artificial waxes, prepared
waxes, polishing or scouring prepara-tions, candles and similar articles,
modelling pastes, ‘dental waxes’ and
dental preparations with a basis of
plaster; except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
materials classified within the sameheading may be used provided their
value does not exceed 20 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex 3403 Lubricating preparations containing less
than 70 % by weight of petroleum oilsor oils obtained from bituminous
mineralsOperations of refining and/or one or
more specific process(es) (
2)
or
Other operations in which all the
materials used are classified within a▼M12001D0822 — EN — 02.12.2001 — 000.001 — 98
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
heading other than that of the product.
However, materials classified within the
same heading may be used provided
their value does not exceed 50 % of the
ex-works price of the product
3404 Artificial waxes and prepared waxes:
— With a basis of paraffin, petroleum
waxes, waxes obtained from bituminous
minerals, slack wax or scale waxManufacture in which all the materials
used are classified within a heading
other than that of the product. However,
materials classified within the same
heading may be used provided their
value does not exceed 50 % of the ex-
works price of the product
— Other Manufacture from materials of any
heading, except:
— hydrogenated oils having the char-
acter of waxes of heading No 1516;
— fatty acids not chemically defined or
industrial fatty alcohols having the
character of waxes of heading No
3823;
— materials of heading No 3404
However, these materials may be used
provided their value does not exceed
20 % of the ex-works price of the
productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex Chapter 35 Albuminoidal substances; modified
starches; glues; enzymes; except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
materials classified within the same
heading may be used provided their
value does not exceed 20 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
3505 Dextrins and other modified starches
(for example, pregelatinised or esterified
starches); glues based on starches, or on
dextrins or other modified starches:▼M12001D0822 — EN — 02.12.2001 — 000.001 — 99
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
— Starch ethers and esters Manufacture from materials of any
heading, including other materials of
heading No 3505Manufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
— Other Manufacture from materials of any
heading, except those of heading No
1108Manufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex 3507 Prepared enzymes not elsewhere speci-
fied or includedManufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
Chapter 36 Explosives; pyrotechnic products;
matches; pyrophoric alloys; certain
combustible preparationsManufacture in which all the materials
used are classified within a heading
other than that of the product. However,
materials classified within the same
heading may be used provided their
value does not exceed 20 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex Chapter 37 Photographic or cinematographic goods;
except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
materials classified within the same
heading may be used provided their
value does not exceed 20 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
3701 Photographic plates and film in the flat,
sensitised, unexposed, of any material
other than paper, paperboard or textiles;
instant print film in the flat, sensitised,
unexposed, whether or not in packs:
— Instant print film for colour photo-
graphy, in packsManufacture in which all the materials
used are classified within a heading
other than heading No 3701 or 3702.
However, materials from heading No
3702 may be used provided their value
does not exceed 30 % of the ex-works
price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
— Other Manufacture in which all the materials
used are classified within a headingManufacture in which the value of all the
materials used does not exceed 40 % of▼M12001D0822 — EN — 02.12.2001 — 000.001 — 100
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
other than heading No 3701 or 3702.
However, materials from headings Nos
3701 and 3702 may be used provided
their value, taken together, does not
exceed 20 % of the ex-works price of
the productthe ex-works price of the product
3702 Photographic film in rolls, sensitised,
unexposed, of any material other than
paper, paperboard or textiles; instant
print film in rolls, sensitised, unexposedManufacture in which all the materials
used are classified within a heading
other than heading No 3701 or 3702Manufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
3704 Photographic plates, film paper, paper-
board and textiles, exposed but not
developedManufacture in which all the materials
used are classified within a heading
other than headings Nos 3701 to 3704Manufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex Chapter 38 Miscellaneous chemical products;
except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
materials classified within the same
heading may be used provided their
value does not exceed 20 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex 3801 — Colloidal graphite in suspension in
oil and semi-colloidal graphite; carbo-
naceous pastes for electrodesManufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
— Graphite in paste form, being a
mixture of more than 30 % by weight
of graphite with mineral oilsManufacture in which the value of all
the materials of heading No 3403 used
does not exceed 20 % of the ex-works
price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex 3803 Refined tall oil Refining of crude tall oil Manufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex 3805 Spirits of sulphate turpentine, purified Purification by distillation or refining of
raw spirits of sulphate turpentineManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex 3806 Ester gums Manufacture from resin acids Manufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex 3807 Wood pitch (wood tar pitch) Distillation of wood tar Manufacture in which the value of all the▼M12001D0822 — EN — 02.12.2001 — 000.001 — 101
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
materials used does not exceed 40 % of
the ex-works price of the product
3808 Insecticides, rodenticides, fungicides,
herbicides, anti-sprouting products and
plant-growth regulators, disinfectants
and similar products, put up in forms
or packings for retail sale or as prepara-
tions or articles (for example, sulphur-
treated bands, wicks and candles, and
fly-papers)Manufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the products
3809 Finishing agents, dye carriers to accel-
erate 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 includedManufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the products
3810 Pickling preparations for metal surfaces;
fluxes and other auxiliary preparations
for soldering, brazing or welding;
soldering, brazing or welding powders
and pastes consisting of metal and other
materials; preparations of a kind used as
cores or coatings for welding electrodes
or rodsManufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the products
3811 Anti-knock preparations, oxidation inhi-
bitors, gum inhibitors, viscosity
improvers, anti-corrosive preparations
and other prepared additives, for mineral
oils (including gasoline) or for other
liquids used for the same purposes as
mineral oils:
— Prepared additives for lubricating oil,
containing petroleum oils or oils
obtained from bituminous mineralsManufacture in which the value of all
the materials of heading No 3811 used
does not exceed 50 % of the ex-works
price of the product
— Other Manufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 102
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
3812 Prepared rubber accelerators; compound
plasticisers for rubber or plastics, not
elsewhere specified or included; anti-
oxidising preparations and other
compound stabilisers for rubber or
plasticsManufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
3813 Preparations and charges for fire-extin-
guishers; charged fire-extinguishing
grenadesManufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
3814 Organic composite solvents and thin-
ners, not elsewhere specified or
included; prepared paint or varnish
removersManufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
3818 Chemical elements doped for use in
electronics, in the form of discs, wafers
or similar forms; chemical compounds
doped for use in electronicsManufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
3819 Hydraulic brake fluids and other
prepared liquids for hydraulic transmis-
sion, not containing or containing less
than 70 % by weight of petroleum oils
or oils obtained from bituminous
mineralsManufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
3820 Anti-freezing preparations and prepared
de-icing fluidsManufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
3822 Diagnostic or laboratory reagents on a
backing and prepared diagnostic or
laboratory reagents, whether or not on
a backing, other than those of heading
No 3002 or 3006Manufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
3823 Industrial monocarboxylic fatty acids;
acid oils from refining; industrial fatty
alcohols:
— Industrial monocarboxylic fatty
acids, acid oils from refiningManufacture in which all the materials
used are classified within a heading
other than that of the product
— Industrial fatty alcohols Manufacture from materials of any▼M12001D0822 — EN — 02.12.2001 — 000.001 — 103
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
heading including other materials of
heading No 3823
3824 Prepared binders for foundry moulds or
cores; chemical products and prepara-
tions 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:
— The following of this heading:
— — Prepared binders for foundry
moulds or cores based on natural
resinous products
— — Naphthenic acids, their water
insoluble salts and their esters
— — Sorbitol other than that of heading
No 2905
— — Petroleum sulphonates, excluding
petroleum sulphonates of alkali metals,
of ammonium or of ethanolamines;
thiophenated sulphonic acids of oils
obtained from bituminous minerals,
and their salts
— — Ion exchangers
— — Getters for vacuum tubes— — Alkaline iron oxide for the
purification of gas
— — Ammoniacal gas liquors and spent
oxide produced in coal gas purification
— — Sulphonaphthenic acids, their
water insoluble salts and their esters
— — Fusel oil and Dippel's oil
— — Mixtures of salts having different
anions
— — Copying pastes with a basis ofManufacture in which all the materials
used are classified within a heading
other than that of the product. However,
materials classified within the same
heading may be used provided their
value does not exceed 20 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 104
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
gelatin, whether or not on a paper or
textile backing
— Other Manufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
3901 to 3915 Plastics in primary forms, waste, parings
and scrap, of plastic; except for headings
Nos ex 3907 and 3912 for which the
rules are set out below:
— Addition homopolymerisation
products in which asingle monomer
contributes more than 99 % by weight to
the total polymer contentManufacture in which:
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product;
— the value of any materials of Chapter
39 used does not exceed 20 % of the
ex-works price of the product (6)Manufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
— Other Manufacture in which the value of the
materials of Chapter 39 used does not
exceed 20 % of the ex-works price of
the product (6)Manufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
ex 3907 — Copolymer, made from polycarbo-
nate and acrylonitrile-butadiene-styrene
copolymer (ABS)Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
materials classified within the same
heading may be used provided their
value does not exceed 50 % of the ex-
works price of the product
— Polyester Manufacture in which the value of any
materials of Chapter 39 used does not
exceed 20 % of the ex-works price of
the product and/or manufacture from
polycarbonate of tetrabromo-(bisphenol
A)
3912 Cellulose and its chemical derivatives,
not elsewhere specified or included, in
primary formsManufacture in which the value of any
materials classified in the same heading
as the product does not exceed 20 % of
the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 105
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
3916 to 3921 Semi-manufactures and articles of plas-
tics; except for headings Nos ex 3916,
ex 3917, ex 3920 and ex 3921, for
which the rules are set out below:
— Flat products, further worked than
only surface-worked or cut into forms
other than rectangular (including
square); other products, further worked
than only surface-workedManufacture in which the value of any
materials of Chapter 39 used does not
exceed 50 % of the ex-works price of
the productManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
— Other:
— — Addition homopolymerisation
products in which asingle monomer
contributes more than 99 % by weight to
the total polymer contentManufacture in which:
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product;
— the value of any materials of Chapter
39 used does not exceed 20 % of the
ex-works price of the product (6)Manufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
— — Other Manufacture in which the value of any
materials of Chapter 39 used does not
exceed 20 % of the ex-works price of
the product (6)Manufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
ex 3916 and
ex 3917Profile shapes and tubes Manufacture in which:
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product;
— the value of any materials classified
within the same heading as the
product does not exceed 20 % of
the ex-works price of the productManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
ex 3920 — Ionomer sheet or film Manufacture from a thermoplastic
partial salt which is a copolymer of
ethylene and metacrylic acid partly
neutralised with metal ions, mainly
zinc and sodiumManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
— Sheets of regenerated cellulose,
polyamides or polyethyleneManufacture in which the value of any
materials classified in the same heading
as the product does not exceed 20 % of
the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 106
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
ex 3921 Foils of plastic, metallised Manufacture from highly transparent
polyester foils with athickness of less
than 23 micron (7)Manufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
3922 to 3926 Articles of plastics Manufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
ex Chapter 40 Rubber and articles thereof; except for: Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex 4001 Laminated slabs of crepe rubber for
shoesLamination of sheets of natural rubber
4005 Compounded rubber, unvulcanised, in
primary forms or in plates, sheets or
stripManufacture in which the value of all
the materials used, except natural
rubber, does not exceed 50 % of the
ex-works price of the product
4012 Retreaded or used pneumatic tyres of
rubber; solid or cushion tyres, inter-
changeable tyre treads and tyre flaps, of
rubber:
— Retreaded pneumatic, solid or
cushion tyres, of rubberRetreading of used tyres
— Other Manufacture from materials of any
heading, except those of heading No
4011 or 4012
ex 4017 Articles of hard rubber Manufacture from hard rubber
ex Chapter 41 Raw hides and skins (other than
furskins) and leather; except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex 4102 Raw skins of sheep or lambs, without
wool onRemoval of wool from sheep or lamb
skins, with wool on
4104 to 4107 Leather, without hair or wool, other than
leather of headings Nos 4108 or 4109Retanning of pre-tanned leather
orManufacture in which all the materials
used are classified within a heading▼M12001D0822 — EN — 02.12.2001 — 000.001 — 107
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
other than that of the product
4109 Patent leather and patent laminated
leather; metallised leatherManufacture from leather of headings
Nos 4104 to 4107 provided its value
does not exceed 50 % of the ex-works
price of the product
Chapter 42 Articles of leather; saddlery and harness;
travel goods, handbags and similar
containers; articles of animal gut (other
than silk worm gut)Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex Chapter 43 Furskins and artificial fur; manufactures
thereof; except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex 4302 Tanned or dressed furskins, assembled:
— Plates, crosses and similar forms Bleaching or dyeing, in addition to
cutting and assembly of non-assembled
tanned or dressed furskins
— Other Manufacture from non-assembled,
tanned or dressed furskins
4303 Articles of apparel, clothing accessories
and other articles of furskinManufacture from non-assembled
tanned or dressed furskins of heading
No 4302
ex Chapter 44 Wood and articles of wood; wood
charcoal; except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex 4403 Wood roughly squared Manufacture from wood in the rough,
whether or not stripped of its bark or
merely roughed down
ex 4407 Wood sawn or chipped lengthwise,
sliced or peeled, of athickness
exceeding 6 mm, planed, sanded or
finger-jointedPlaning, sanding or finger-jointing
ex 4408 Veneer sheets and sheets for plywood,
of athickness not exceeding 6 mm,
spliced, and other wood sawn length-Splicing, planing, sanding or finger-
jointing▼M12001D0822 — EN — 02.12.2001 — 000.001 — 108
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
wise, sliced or peeled of athickness not
exceeding 6 mm, planed, sanded or
finger-jointed
ex 4409 Wood continuously shaped along any of
its edges or faces, whether or not planed,
sanded or finger-jointed:
— Sanded or finger-jointed Sanding or finger-jointing— Beadings and mouldings Beading or moulding
ex 4410 to ex 4413 Beadings and mouldings, including
moulded skirting and other moulded
boardsBeading or moulding
ex 4415 Packing cases, boxes, crates, drums and
similar packings, of woodManufacture from boards not cut to size
ex 4416 Casks, barrels, vats, tubs and other
coopers' products and parts thereof, of
woodManufacture from riven staves, not
further worked than sawn on the two
principal surfaces
ex 4418 — Builders' joinery and carpentry of
woodManufacture in which all the materials
used are classified within a heading
other than that of the product. However,
cellular wood panels, shingles and
shakes may be used
— Beadings and mouldings Beading or moulding
ex 4421 Match splints; wooden pegs or pins for
footwearManufacture from wood of any heading
except drawn wood of heading No 4409
ex Chapter 45 Cork and articles of cork; except for: Manufacture in which all the materials
used are classified within a heading
other than that of the product
4503 Articles of natural cork Manufacture from cork of heading No
4501
Chapter 46 Manufactures of straw, of esparto or of
other plaiting materials; basketware and
wickerworkManufacture in which all the materials
used are classified within a heading
other than that of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 109
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
Chapter 47 Pulp of wood or of other fibrous
cellulosic material; recovered (waste
and scrap) paper or paperboardManufacture in which all the materials
used are classified within a heading
other than that of the product
ex Chapter 48 Paper and paperboard; articles of paper
pulp, of paper or of paperboard; except
for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex 4811 Paper and paperboard, ruled, lined or
squared onlyManufacture from paper-making mate-
rials of Chapter 47
4816 Carbon paper, self-copy paper and other
copying or transfer papers (other than
those of heading No 4809), duplicator
stencils and offset plates, of paper,
whether or not put up in boxesManufacture from paper-making mate-
rials of Chapter 47
4817 Envelopes, letter cards, plain postcards
and correspondence cards, of paper orpaperboard; boxes, pouches, wallets and
writing compendiums, of paper or
paperboard, containing an assortment
of paper stationeryManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product
ex 4818 Toilet paper Manufacture from paper-making mate-
rials of Chapter 47
ex 4819 Cartons, boxes, cases, bags and other
packing containers, of paper, paper-
board, cellulose wadding or webs of
cellulose fibresManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product
ex 4820 Letter pads Manufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
ex 4823 Other paper, paperboard, cellulose
wadding and webs of cellulose fibres,
cut to size or shapeManufacture from paper-making mate-
rials of Chapter 47▼M12001D0822 — EN — 02.12.2001 — 000.001 — 110
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
ex Chapter 49 Printed books, newspapers, pictures and
other products of the printing industry;
manuscripts, typescripts and plans;
except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
4909 Printed or illustrated postcards; printed
cards bearing personal greetings,
messages or announcements, whether
or not illustrated, with or without
envelopes or trimmingsManufacture from materials not classi-
fied within heading No 4909 or 4911
4910 Calendars of any kind, printed,
including calendar blocks:
— Calendars of the ‘perpetual’ type or
with replaceable blocks mounted on
bases other than paper or paperboardManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product
— Other Manufacture from materials not classi-
fied in heading No 4909 or 4911
ex Chapter 50 Silk; except for: Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex 5003 Silk waste (including cocoons unsuitable
for reeling, yarn waste and garnetted
stock), carded or combedCarding or combing of silk waste
5004 to ex 5006 Silk yarn and yarn spun from silk waste Manufacture from (8):
— raw silk or silk waste carded or
combed or otherwise prepared for
spinning,
— other natural fibres not carded or
combed or otherwise prepared for
spinning,
— chemical materials or textile pulp, or— paper-making materials▼M12001D0822 — EN — 02.12.2001 — 000.001 — 111
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
5007 Woven fabrics of silk or of silk waste:
— Incorporating rubber thread Manufacture from single yarn (8)
— Other Manufacture from (8):
— coir yarn,
— natural fibres,— man-made staple fibres not carded or
combed or otherwise prepared for
spinning,
— chemical materials or textile pulp, or— paperor
Printing accompanied by at least two
preparatory or finishing operations (such
as scouring, bleaching, mercerising, heat
setting, raising, calendering, shrink
resistance processing, permanent
finishing, decatising, impregnating,
mending and burling) where the value
of the unprinted fabric used does not
exceed 47,5 % of the ex-works price of
the product
ex Chapter 51 Wool, fine or coarse animal hair; horse-
hair yarn and woven fabric; except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
5106 to 5110 Yarn of wool, of fine or coarse animal
hair or of horsehairManufacture from (
8):
— raw silk or silk waste carded or
combed or otherwise prepared for
spinning,
— natural fibres not carded or combed
or otherwise prepared for spinning,
— chemical materials or textile pulp, or— paper-making materials▼M12001D0822 — EN — 02.12.2001 — 000.001 — 112
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
5111 to 5113 Woven fabrics of wool, of fine or coarse
animal hair or of horsehair:
— Incorporating rubber thread Manufacture from single yarn (8)
— Other Manufacture from (8):
— coir yarn,
— natural fibres,— man-made staple fibres not carded or
combed or otherwise prepared for
spinning,
— chemical materials or textile pulp, or— paperor
Printing accompanied by at least two
preparatory or finishing operations (such
as scouring, bleaching, mercerising, heat
setting, raising, calendering, shrink
resistance processing, permanent
finishing, decatising, impregnating,
mending and burling) where the value
of the unprinted fabric used does not
exceed 47,5 % of the ex-works price of
the product
ex Chapter 52 Cotton; except for: Manufacture in which all the materials
used are classified within a heading
other than that of the product
5204 to 5207 Yarn and thread of cotton Manufacture from (
8):
— raw silk or silk waste carded or
combed or otherwise prepared for
spinning,
— natural fibres not carded or combed
or otherwise prepared for spinning,
— chemical materials or textile pulp, or— paper-making materials▼M12001D0822 — EN — 02.12.2001 — 000.001 — 113
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
5208 to 5212 Woven fabrics of cotton:
— Incorporating rubber thread Manufacture from single yarn (8)
— Other Manufacture from (8):
— coir yarn,
— natural fibres,— man-made staple fibres not carded or
combed or otherwise prepared for
spinning,
— chemical materials or textile pulp, or— paperor
Printing accompanied by at least two
preparatory or finishing operations (such
as scouring, bleaching, mercerising, heat
setting, raising, calendering, shrink
resistance processing, permanent
finishing, decatising, impregnating,
mending and burling) where the value
of the unprinted fabric used does not
exceed 47,5 % of the ex-works price of
the product
ex Chapter 53 Other vegetable textile fibres; paper
yarn and woven fabrics of paper yarn;
except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
5306 to 5308 Yarn of other vegetable textile fibres;
paper yarnManufacture from (
8):
— raw silk or silk waste carded or
combed or otherwise prepared for
spinning,
— natural fibres not carded or combed
or otherwise prepared for spinning,
— chemical materials or textile pulp, or— paper-making materials▼M12001D0822 — EN — 02.12.2001 — 000.001 — 114
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
5309 to 5311 Woven fabrics of other vegetable textile
fibres; woven fabrics of paper yarn:
— Incorporating rubber thread Manufacture from single yarn (8)
— Other Manufacture from (8):
— coir yarn,
— natural fibres,
— man-made staple fibres not carded or
combed or otherwise prepared for
spinning,
— chemical materials or textile pulp, or— paperor
Printing accompanied by at least two
preparatory or finishing operations (such
as scouring, bleaching, mercerising, heat
setting, raising, calendering, shrink
resistance processing, permanent
finishing, decatising, impregnating,
mending and burling) where the value
of the unprinted fabric used does not
exceed 47,5 % of the ex-works price of
the product
5401 to 5406 Yarn, monofilament and thread of man-
made filamentsManufacture from (
8):
— raw silk or silk waste carded or
combed or otherwise prepared for
spinning,
— natural fibres not carded or combed
or otherwise prepared for spinning,
— chemical materials or textile pulp, or
— paper-making materials
5407 and 5408 Woven fabrics of man-made filament
yarn:
— Incorporating rubber thread Manufacture from single yarn (8)▼M12001D0822 — EN — 02.12.2001 — 000.001 — 115
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
— Other Manufacture from (8):
— coir yarn,
— natural fibres,— man-made staple fibres not carded or
combed or otherwise prepared for
spinning,
— chemical materials or textile pulp, or— paperor
Printing accompanied by at least two
preparatory or finishing operations (such
as scouring, bleaching, mercerising, heat
setting, raising, calendering, shrink
resistance processing, permanent
finishing, decatising, impregnating,
mending and burling) where the value
of the unprinted fabric used does not
exceed 47,5 % of the ex-works price of
the product
5501 to 5507 Man-made staple fibres Manufacture from chemical materials or
textile pulp
5508 to 5511 Yarn and sewing thread of man-made
staple fibresManufacture from (
8):
— raw silk or silk waste carded or
combed or otherwise prepared for
spinning,
— natural fibres not carded or combed
or otherwise prepared for spinning,
— chemical materials or textile pulp, or— paper-making materials▼M12001D0822 — EN — 02.12.2001 — 000.001 — 116
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
5512 to 5516 Woven fabrics of man-made staple
fibres:
— Incorporating rubber thread Manufacture from single yarn (8)
— Other Manufacture from (8):
— coir yarn,
— natural fibres,— man-made staple fibres not carded or
combed or otherwise prepared for
spinning,
— chemical materials or textile pulp, or
— paperor
Printing accompanied by at least two
preparatory or finishing operations (such
as scouring, bleaching, mercerising, heat
setting, raising, calendering, shrink
resistance processing, permanent
finishing, decatising, impregnating,
mending and burling) where the value
of the unprinted fabric used does not
exceed 47,5 % of the ex-works price of
the product
ex Chapter 56 Wadding, felt and non-wovens; special
yarns; twine, cordage, ropes and cables
and articles thereof; except for:Manufacture from (
8):
— coir yarn,
— natural fibres,
— chemical materials or textile pulp, or— paper making materials
5602 Felt, whether or not impregnated,
coated, covered or laminated:
— Needleloom felt Manufacture from (
8):
— natural fibres,
— chemical materials or textile
pulpHowever:
— polypropylene filament of heading
No 5402,
— polypropylene fibres of heading No▼M12001D0822 — EN — 02.12.2001 — 000.001 — 117
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
5503 or 5506
or
— polypropylene filament tow of
heading No 5501, of which the
denomination in all cases of a single
filament or fibre is less than 9
decitex,
may be used provided their value does
not exceed 40 % of the ex-works price
of the product
— Other Manufacture from (8):
— natural fibres,
— man-made staple fibres made from
casein, or
— chemical materials or textile pulp
5604 Rubber thread and cord, textile covered;
textile yarn, and strip and the like of
heading No 5404 or 5405, impregnated,
coated, covered or sheathed with rubber
or plastics:
— Rubber thread and cord, textile
coveredManufacture from rubber thread or cord,
not textile covered
— Other Manufacture from (8):
— natural fibres not carded or combed
or otherwise processed for spinning,
— chemical materials or textile pulp, or— paper-making materials
5605 Metallised yarn, whether or not gimped,
being textile yarn, or strip or the like of
heading No 5404 or 5405, combined
with metal in the form of thread, strip or
powder or covered with metalManufacture from (
8):
— natural fibres,
— man-made staple fibres not carded or
combed or otherwise prepared for
spinning,
— chemical materials or textile pulp, or— paper-making materials▼M12001D0822 — EN — 02.12.2001 — 000.001 — 118
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
5606 Gimped yarn, and strip and the like of
heading No 5404 or 5405, gimped (other
than those of heading No 5605 and
gimped horsehair yarn); chenille yarn
(including flock chenille yarn); loop
wale-yarnManufacture from (8):
— natural fibres,
— man-made staple fibres not carded or
combed or otherwise prepared for
spinning,
— chemical materials or textile pulp, or— paper-making materials
Chapter 57 Carpets and other textile floor cover-
ings:
— Of needleloom felt Manufacture from (
8):
— natural fibres, or
— chemical materials or textile
pulpHowever:
— polypropylene filament of heading
No 5402,
— polypropylene fibres of heading No
5503 or 5506
or
— polypropylene filament tow of
heading No 5501, of which the
denomination in all cases of a single
filament or fibre is less than 9
decitex,
may be used provided their value does
not exceed 40 % of the ex-works price
of the productJute fabric may be used as
aba cking
— Of other felt Manufacture from (8):
— natural fibres not carded or combed
or otherwise processed for spinning,
or
— chemical materials or textile pulp▼M12001D0822 — EN — 02.12.2001 — 000.001 — 119
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
— Other Manufacture from (8):
— coir yarn or jute yarn,
— synthetic or artificial filament yarn,— natural fibres, or
— man-made staple fibres not carded or
combed or otherwise processed for
spinningJute fabric may be used as a
backing
ex Chapter 58 Special woven fabrics; tufted textile
fabrics; lace; tapestries; trimmings;
embroidery; except for:
— Combined with rubber thread Manufacture from single yarn (
8)
— Other Manufacture from (8):
— natural fibres,
— man-made staple fibres not carded or
combed or otherwise processed for
spinning, or
— chemical materials or textile pulp,or
Printing accompanied by at least two
preparatory or finishing operations (suchas scouring, bleaching, mercerising, heat
setting, raising, calendering, shrink
resistance processing, permanent
finishing, decatising, impregnating,
mending and burling) where the value
of the unprinted fabric used does not
exceed 47,5 % of the ex-works price of
the product
5805 Hand-woven tapestries of the types
Gobelins, Flanders, Aubusson, Beauvais
and the like, and needle-worked tapes-
tries (for example, petit point, cross
stitch), whether or not made upManufacture in which all the materials
used are classified within a heading
other than that of the product
5810 Embroidery in the piece, in strips or in
motifsManufacture in which:
— all the materials used are classified
within a heading other than that of▼M12001D0822 — EN — 02.12.2001 — 000.001 — 120
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
the product;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product
5901 Textile fabrics coated with gum or
amylaceous substances, of a kind used
for the outer covers of books or the like;
tracing cloth; prepared painting canvas;
buckram and similar stiffened textile
fabrics of a kind used for hat founda-
tionsManufacture from yarn
5902 Tyre cord fabric of high tenacity yarn of
nylon or other polyamides, polyesters or
viscose rayon:
— Containing not more than 90 % by
weight of textile materialsManufacture from yarn
— Other Manufacture from chemical materials or
textile pulp
5903 Textile fabrics impregnated, coated,
covered or laminated with plastics, other
than those of heading No 5902Manufacture from yarn
orPrinting accompanied by at least two
preparatory or finishing operations (such
as scouring, bleaching, mercerising, heat
setting, rasing, calendering, shrink resis-
tance processing, permanent finishing,
decatising, impregnating, mending and
burling) where the value of the
unprinted fabric used does not exceed
47,5 % of the ex-works price of the
product
5904 Linoleum, whether or not cut to shape;
floor coverings consisting of acoa ting
or covering applied on a textile backing,
whether or not cut to shapeManufacture from yarn (
8)
5905 Textile wall coverings:
— Impregnated, coated, covered or
laminated with rubber, plastics or other▼M12001D0822 — EN — 02.12.2001 — 000.001 — 121
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
materials
— Other Manufacture from (8):
— coir yarn,
— natural fibres,— man-made staple fibres not carded or
combed or otherwise prepared for
spinning, or
— chemical materials or textile pulp,
orPrinting accompanied by at least two
preparatory or finishing operations (such
as scouring, bleaching, mercerising, heat
setting, raising, calendering, shrink
resistance processing, permanent
finishing, decatising, impregnating,mending and burling) where the value
of the unprinted fabric used does not
exceed 47,5 % of the ex-works price of
the product
5906 Rubberised textile fabrics, other than
those of heading No 5902:
— Knitted or crocheted fabrics Manufacture from (
8):
— natural fibres,
— man-made staple fibres not carded or
combed or otherwise prepared for
spinning, or
— chemical materials or textile pulp
— Other fabrics made of synthetic
filament yarn, containing more than
90 % by weight of textile materialsManufacture from chemical materials
— Other Manufacture from yarn
5907 Textile fabrics otherwise impregnated,
coated or covered; painted canvas being
theatrical scenery, studio back-cloths orthe likeManufacture from yarn
or
Printing accompanied by at least two
preparatory or finishing operations (such
as scouring, bleaching, mercerising, heat▼M12001D0822 — EN — 02.12.2001 — 000.001 — 122
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
setting, rasing, calendering, shrink resis-
tance processing, permanent finishing,
decatising, impregnating, mending and
burling) where the value of the
unprinted fabric used does not exceed
47,5 % of the ex-works price of the
product
5908 Textile wicks, woven, plaited or knitted,
for lamps, stoves, lighters, candles or thelike; incandescent gas mantles and
tubular knitted gas mantle fabric
therefor, whether or not impregnated:
— Incandescent gas mantles, impreg-
natedManufacture from tubular knitted gas
mantle fabric
— Other Manufacture in which all the materials
used are classified within a heading
other than that of the product
5909 to 5911 Textile articles of a kind suitable for
industrial use:
— Polishing discs or rings other than of
felt of heading No 5911Manufacture from yarn or waste fabrics
or rags of heading No 6310
— Woven fabrics, of a kind commonly
used in papermaking or other technical
uses, felted or not, whether or not
impregnated or coated, tubular or
endless with single or multiple warp
and/or weft, or flat woven with multiple
warp and/or weft of heading No 5911Manufacture from (
8):
— coir yarn,
— the following materials:— — yarn of polytetra fluoroethy-
lene (
9),
— — yarn, multiple, of polyamide,
coated impregnated or covered with a
phenolic resin,
— — yarn of synthetic textile fibres of
aromatic polyamides, obtained by poly-
condensation of m-phenylenediamine
and isophthalic acid,
— — monofil of polytetrafluoroethy-
lene (9),
— — yarn of synthetic textile fibres of▼M12001D0822 — EN — 02.12.2001 — 000.001 — 123
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
poly-p-phenylene terephthalamide,
— — glass fibre yarn, coated with
phenol resin and gimped with acrylic
yarn (9),
— — copolyester monofilaments of a
polyester and a resin of terephthalic acid
and 1,4-cyclohexanediethanol and
isophthalic acid,
— — natural fibres,
— — man-made staple fibres not carded
or combed or otherwise processed for
spinning, or
— — chemical materials or textile pulp
— Other Manufacture from (8):
— coir yarn,
— natural fibres,— man-made staple fibres not carded or
combed or otherwise processed for
spinning, or
— chemical materials or textile pulp
Chapter 60 Knitted or crocheted fabrics Manufacture from (
8):
— natural fibres,
— man-made staple fibres not carded or
combed or otherwise prepared for
spinning, or
— chemical materials or textile pulp
Chapter 61 Articles of apparel and clothing acces-
sories, knitted or crocheted:
— Obtained by sewing together or
otherwise assembling, two or more
pieces of knitted or crocheted fabric
which have been either cut to form or
obtained directly to formManufacture from yarn (8)(10)▼M12001D0822 — EN — 02.12.2001 — 000.001 — 124
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
— Other Manufacture from (8):
— natural fibres,
— man-made staple fibres not carded or
combed or otherwise prepared for
spinning, or
— chemical materials or textile pulp
ex Chapter 62 Articles of apparel and clothing acces-
sories, not knitted or crocheted; except
for:Manufacture from yarn (8)(10)
ex 6202, ex 6204,
ex 6206, ex 6209
and ex 6211Women's, girls' and babies' clothing and
clothing accessories for babies, embroi-
deredManufacture from yarn (10)
orManufacture from unembroidered fabric
provided the value of the unembroidered
fabric used does not exceed 40 % of the
ex-works price of the product (
10)
ex 6210 and
ex 6216Fire-resistant equipment of fabric
covered with foil of aluminised polye-
sterManufacture from yarn (10)
orManufacture from uncoated fabric
provided the value of the uncoated
fabric used does not exceed 40 % of
the ex-works price of the product (
10)
6213 and 6214 Handkerchiefs, shawls, scarves,
mufflers, mantillas, veils and the like:
— Embroidered Manufacture from unbleached single
yarn (10)(8)
or
Manufacture from unembroidered fabric
provided the value of the unembroidered
fabric used does not exceed 40 % of the
ex-works price of the product % of the
ex-works price of the product (8)
— Other Manufacture from unbleached single
yarn (10)(8)
or▼M12001D0822 — EN — 02.12.2001 — 000.001 — 125
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
Making up followed by printing accom-
panied by at least two preparatory or
finishing operations (such as scouring,
bleaching, mercerising, heat setting,
raising, calendering, shrink resistance
processing, permanent finishing, deca-
tising, impregnating, mending and
burling) where the value of the
unprinted goods of headings Nos 6213
and 6214 used does not exceed 47,5 %
of the ex-works price of the product
6217 Other made up clothing accessories;
parts of garments or of clothing acces-
sories, other than those of heading No
6212:
— Embroidered Manufacture from yarn (10)
or
Manufacture from unembroidered fabric
provided the value of the unembroidered
fabric used does not exceed 40 % of the
ex-works price of the product (10)
— Fire-resistant equipment of fabric
covered with foil of aluminised polye-
sterManufacture from yarn (10)
or
Manufacture from uncoated fabric
provided the value of the uncoated
fabric used does not exceed 40 % of
the ex-works price of the product (10)
— Interlinings for collars and cuffs, cut
outManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the product
— Other Manufacture from yarn (10)▼M12001D0822 — EN — 02.12.2001 — 000.001 — 126
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
ex Chapter 63 Other made-up textile articles; sets;
worn clothing and worn textile articles;
rags; except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
6301 to 6304 Blankets, travelling rugs, bed linen etc.;
curtains etc.; other furnishing articles:
— Of felt, of nonwovens Manufacture from (8):
— natural fibres, or
— chemical materials or textile pulp
— Other:
— — Embroidered Manufacture from unbleached single
yarn (10)(11)
orManufacture from unembroidered fabric
(other than knitted or crocheted)
provided the value of the unembroidered
fabric used does not exceed 40 % of the
ex-works price of the product
— — Other Manufacture from unbleached single
yarn (
10)(11)
6305 Sacks and bags, of a kind used for the
packing of goodsManufacture from (8):
— natural fibres,
— man-made staple fibres not carded or
combed or otherwise prepared for
spinning, or
— chemical materials or textile pulp
6306 Tarpaulins, awnings and sunblinds;
tents; sails for boats, sailboards or
landcraft; camping goods:
— Of nonwovens Manufacture from (10)(8):
— natural fibres, or
— chemical materials or textile pulp
— Other Manufacture from unbleached single
yarn (10)(8)
6307 Other made-up articles, including dress Manufacture in which the value of all▼M12001D0822 — EN — 02.12.2001 — 000.001 — 127
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
patterns the materials used does not exceed 40 %
of the ex-works price of the product
6308 Sets consisting of woven fabric and
yarn, whether or not with accessories,
for making up into rugs, tapestries,
embroidered table cloths or serviettes,
or similar textile articles, put up in
packings for retail saleEach item in the set must satisfy the rule
which would apply to it if it were not
included in the set. However, non-
originating articles may be incorporated
provided their total value does not
exceed 15 % of the ex-works price of
the set
ex Chapter 64 Footwear, gaiters and the like; except
for:Manufacture from materials of any
heading except for assemblies of uppers
affixed to inner soles or to other sole
components of heading No 6406
6406 Parts of footwear (including uppers
whether or not attached to soles other
than outer soles); removable in-soles,
heel cushions and similar articles;
gaiters, leggings and similar articles,
and parts thereofManufacture in which all the materials
used are classified within a heading
other than that of the product
ex Chapter 65 Headgear and parts thereof, except for: Manufacture in which all the materials
used are classified within a heading
other than that of the product
6503 Felt hats and other felt headgear, made
from the hat bodies, hoods or plateaux
of heading No 6501, whether or not
lined or trimmedManufacture from yarn or textile
fibres (10)
6505 Hats and other headgear, knitted or
crocheted, or made up from lace, felt
or other textile fabric, in the piece (but
not in strips), whether or not lined or
trimmed; hair-nets of any material,
whether or not lined or trimmedManufacture from yarn or textile
fibres (10)▼M12001D0822 — EN — 02.12.2001 — 000.001 — 128
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
ex Chapter 66 Umbrellas, sun umbrellas, walking-
sticks, seat-sticks, whips, riding-crops,
and parts thereof; except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
6601 Umbrellas and sun umbrellas (including
walking-stick umbrellas, garden
umbrellas and similar umbrellas)Manufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
Chapter 67 Prepared feathers and down and articles
made of feathers or of down; artificial
flowers; articles of human hairManufacture in which all the materials
used are classified within a heading
other than that of the product
ex Chapter 68 Articles of stone, plaster, cement,
asbestos, mica or similar materials;
except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex 6803 Articles of slate or of agglomerated slate Manufacture from worked slate
ex 6812 Articles of asbestos; articles of mixtures
with a basis of asbestos or of mixtures
with a basis of asbestos and magnesium
carbonateManufacture from materials of any
heading
ex 6814 Articles of mica, including agglomer-
ated or reconstituted mica, on a support
of paper, paperboard or other materialsManufacture from worked mica
(including agglomerated or reconstituted
mica)
Chapter 69 Ceramic products Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex Chapter 70 Glass and glassware; except for: Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex 7003, ex 7004
and ex 7005Glass with a non-reflecting layer Manufacture from materials of heading
No 7001
7006 Glass of headings Nos 7003, 7004 or
7005, bent, edge-worked, engraved,
drilled, enamelled or otherwise worked,
but not framed or fitted with other
materials:
— Glass-plate substrates, coated with a Manufacture from non-coated glass-▼M12001D0822 — EN — 02.12.2001 — 000.001 — 129
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
dielectric thin film, and of a semicon-
ductor grade in accordance with SEMII-
standards (12)plate substrate of heading No 7006
— Other Manufacture from materials of heading
No 7001
7007 Safety glass, consisting of toughened
(tempered) or laminated glassManufacture from materials of heading
No 7001
7008 Multiple-walled insulating units of glass Manufacture from materials of heading
No 7001
7009 Glass mirrors, whether or not framed,
including rear-view mirrorsManufacture from materials of heading
No 7001
7010 Carboys, bottles, flasks, jars, pots,
phials, ampoules and other containers,
of glass, of a kind used for the
conveyance or packing of goods; preser-
ving jars of glass; stoppers, lids and
other closures, of glassManufacture in which all the materials
used are classified within a heading
other than that of the product
or
Cutting of glassware, provided the value
of the uncut glassware does not exceed
50 % of the ex-works price of the
product
7013 Glassware of a kind used for table,
kitchen, toilet, office, indoor decoration
or similar purposes (other than that of
heading No 7010 or 7018)Manufacture in which all the materials
used are classified within a heading
other than that of the product
orCutting of glassware, provided the value
of the uncut glassware does not exceed
50 % of the ex-works price of the
product
orHand-decoration (with the exception of
silk-screen printing) of hand-blown
glassware, provided the value of the
hand-blown glassware does not exceed
50 % of the ex-works price of the
product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 130
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
ex 7019 Articles (other than yarn) of glass fibres Manufacture from:
— uncoloured slivers, rovings, yarn or
chopped strands, or
— glass wool
ex Chapter 71 Natural or cultured pearls, precious or
semi-precious stones, precious metals,
metals clad with precious metal, and
articles thereof; imitation jewellery;
coin; except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex 7101 Natural or cultured pearls, graded and
temporarily strung for convenience of
transportManufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
ex 7102, ex 7103
and ex 7104Worked precious or semi-precious
stones (natural, synthetic or recon-
structed)Manufacture from unworked precious or
semi-precious stones
7106, 7108 and
7110Precious metals:
— Unwrought Manufacture from materials not classi-
fied within headings Nos 7106, 7108 or
7110
orElectrolytic, thermal or chemical separa-
tion of precious metals of headings Nos
7106, 7108 or 7110
or
Alloying of precious metals of headings
Nos 7106, 7108 or 7110 with each other
or with base metals
— Semi-manufactured or in powder
formManufacture from unwrought precious
metals
ex 7107, ex 7109
and ex 7111Metals clad with precious metals, semi-
manufacturedManufacture from metals clad with
precious metals, unwrought
7116 Articles of natural or cultured pearls,
precious or semi-precious stones
(natural, synthetic or reconstructed)Manufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 131
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
7117 Imitation jewellery Manufacture in which all the materials
used are classified within a heading
other than that of the product
or
Manufacture from base metal parts, not
plated or covered with precious metals,
provided the value of all the materials
used does not exceed 50 % of the ex-
works price of the product
ex Chapter 72 Iron and steel; except for: Manufacture in which all the materials
used are classified within a heading
other than that of the product
7207 Semi-finished products of iron or non-
alloy steelManufacture from materials of headings
Nos 7201, 7202, 7203, 7204 or 7205
7208 to 7216 Flat-rolled products, bars and rods,
angles, shapes and sections of iron or
non-alloy steelManufacture from ingots or other
primary forms of heading No 7206
7217 Wire of iron or non-alloy steel Manufacture from semi-finished mate-
rials of heading No 7207
ex 7218, 7219 to
7222Semi-finished products, flat-rolled
products, bars and rods, angles, shapes
and sections of stainless steelManufacture from ingots or other
primary forms of heading No 7218 7218
7223 Wire of stainless steel Manufacture from semi-finished mate-
rials of heading No 7218
ex 7224, 7225 to
7228Semi-finished products, flat-rolled
products, hot-rolled bars and rods, in
irregularly wound coils; angles, shapes
and sections, of other alloy steel; hollow
drill bars and rods, of alloy or non-alloy
steelManufacture from ingots or other
primary forms of headings Nos 7206,
7218 or 7224
7229 Wire of other alloy steel Manufacture from semi-finished mate-
rials of heading No 7224
ex Chapter 73 Articles of iron or steel; except for: Manufacture in which all the materials
used are classified within a heading
other than that of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 132
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
ex 7301 Sheet piling Manufacture from materials of heading
No 7206
7302 Railway or tramway track construction
material of iron or steel, the following:
rails, checkrails and rack-rails, switch
blades, crossing frogs, point rods and
other crossing pieces, sleepers (cross-
ties), fish-plates, chairs, chair wedges,
sole pates (base plates), rail clips,
bedplates, ties and other material specia-
lised for jointing or fixing railsManufacture from materials of heading
No 7206
7304, 7305 and
7306Tubes, pipes and hollow profiles, of iron
(other than cast iron) or steelManufacture from materials of headings
Nos 7206, 7207, 7218 or 7224
ex 7307 Tube or pipe fittings of stainless steel
(ISO No X5CrNiMo 1712), consisting
of several partsTurning, drilling, reaming, threading,
deburring and sandblasting of forged
blanks the value of which does not
exceed 35 % of the ex-works price of
the product
7308 Structures (excluding prefabricated
buildings of heading No 9406) and parts
of structures (for example, bridges and
bridge-sections, lock-gates, towers,
lattice masts, roofs, roofing frameworks,
doors and windows and their frames and
thresholds for doors, shutters, balus-
trades, pillars and columns), of iron or
steel; plates, rods, angles, shapes,
sections, tubes and the like, preparedfor use in structures, of iron or steelManufacture in which all the materials
used are classified within a heading
other than that of the product. However,
welded angles, shapes and sections of
heading No 7301 may not be used
ex 7315 Skid chain Manufacture in which the value of all
the materials of heading No 7315 used
does not exceed 50 % of the ex-works
price of the product
ex Chapter 74 Copper and articles thereof; except for: Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used▼M12001D0822 — EN — 02.12.2001 — 000.001 — 133
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
does not exceed 50 % of the ex-
works price of the product
7401 Copper mattes; cement copper (precipi-
tated copper)Manufacture in which all the materials
used are classified within a heading
other than that of the product
7402 Unrefined copper; copper anodes for
electrolytic refiningManufacture in which all the materials
used are classified within a heading
other than that of the product
7403 Refined copper and copper alloys,
unwrought:
— Refined copper Manufacture in which all the materials
used are classified within a heading
other than that of the product
— Copper alloys and refined copper
containing other elementsManufacture from refined copper,
unwrought, or waste and scrap of copper
7404 Copper waste and scrap Manufacture in which all the materials
used are classified within a heading
other than that of the product
7405 Master alloys of copper Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex Chapter 75 Nickel and articles thereof; except for: Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product
7501 to 7503 Nickel mattes, nickel oxide sinters and
other intermediate products of nickel
metallurgy; unwrought nickel; nickel
waste and scrapManufacture in which all the materials
used are classified within a heading
other than that of the product
ex Chapter 76 Aluminium and articles thereof; except
for:Manufacture in which:
— all the materials used are classified
within a heading other than that of▼M12001D0822 — EN — 02.12.2001 — 000.001 — 134
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
the product;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product
7601 Unwrought aluminium Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product
or
Manufacture by thermal or electrolytic
treatment from unalloyed aluminium or
waste and scrap of aluminium
7602 Aluminium waste or scrap Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex 7616 Aluminium articles other than gauze,
cloth, grill, netting, fencing, reinforcing
fabric and similar materials (including
endless bands) of aluminium wire, and
expanded metal of aluminiumManufacture in which:
— all the materials used are classified
within a heading other than that of
the product. However, gauze, cloth,
grill, netting, fencing, reinforcing
fabric and similar materials
(including endless bands) of alumi-
nium wire, or expanded metal of
aluminium may be used;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product
Chapter 77 Reserved for possible future use in the
HS
ex Chapter 78 Lead and articles thereof; except for: Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;▼M12001D0822 — EN — 02.12.2001 — 000.001 — 135
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product
7801 Unwrought lead:
— Refined lead Manufacture from ‘bullion’ or ‘work’
lead
— Other Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
waste and scrap of heading No 7802
may not be used
7802 Lead waste and scrap Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex Chapter 79 Zinc and articles thereof; except for: Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product
7901 Unwrought zinc Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
waste and scrap of heading No 7902
may not be used
7902 Zinc waste and scrap Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex Chapter 80 Tin and articles thereof; except for: Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 136
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
8001 Unwrought tin Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
waste and scrap of heading No 8002
may not be used
8002 and 8007 Tin waste and scrap; other articles of tin Manufacture in which all the materials
used are classified within a heading
other than that of the product
Chapter 81 Other base metals; cermets; articles
thereof:
— Other base metals, wrought; articles
thereofManufacture in which the value of all
the materials classified within the same
heading as the product used does not
exceed 50 % of the ex-works price of
the product
— Other Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex Chapter 82 Tools, implements, cutlery, spoons and
forks, of base metal; parts thereof of
base metal; except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
8206 Tools of two or more of the heading Nos
8202 to 8205, put up in sets for retail
saleManufacture in which all the materials
used are classified within a heading
other than heading Nos 8202 to 8205.
However, tools of heading Nos 8202 to8205 may be incorporated into the set
provided their value does not exceed
15 % of the ex-works price of the set
8207 Interchangeable tools for hand tools,
whether or not power-operated, or for
machine-tools (for example, for
pressing, stamping, punching, tapping,
threading, drilling, boring, broaching,
milling, turning, or screwdriving),
including dies for drawing or extruding
metal, and rock drilling or earth boring
toolsManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 137
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
8208 Knives and cutting blades, for machines
or for mechanical appliancesManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the product
ex 8211 Knives with cutting blades, serrated or
not (including pruning knives), other
than knives of heading No 8208Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
knife blades and handles of base metal
may be used
8214 Other articles of cutlery (for example,
hair clippers, butchers' or kitchen clea-
vers, choppers and mincing knives,
paper knives); manicure or pedicure
sets and instruments (including nail
files)Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
handles of base metal may be used
8215 Spoons, forks, ladles, skimmers, cake-
servers, fish-knives, butter-knives, sugar
tongs and similar kitchen or tablewareManufacture in which all the materials
used are classified within a heading
other than that of the product. However,
handles of base metal may be used
ex Chapter 83 Miscellaneous articles of base metal;
except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex 8302 Other mountings, fittings and similar
articles suitable for buildings, and auto-
matic door closersManufacture in which all the materials
used are classified within a heading
other than that of the product. However,
the other materials of heading No 8302
may be used provided their value does
not exceed 20 % of the ex-works price
of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 138
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
ex 8306 Statuettes and other ornaments, of base
metalManufacture in which all the materials
used are classified within a heading
other than that of the product. However,
the other materials of heading No 8306
may be used provided their value does
not exceed 30 % of the ex-works price
of the product
ex Chapter 84 Nuclear reactors, boilers, machinery and
mechanical appliances; parts thereof;
except for:Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
ex 8401 Nuclear fuel elements Manufacture in which all the materials
used are classified within a heading
other than that of the product (13)Manufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8402 Steam or other vapour generating boilers
(other than central heating hot water
boilers capable also of producing low
pressure steam); super-heated water
boilersManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
8403 and
ex 8404Central heating boilers other than those
of heading No 8402 and auxiliary plant
for central heating boilersManufacture in which all the materials
used are classified within a heading
other than heading No 8403 or 8404Manufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
8406 Steam turbines and other vapour
turbinesManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
8407 Spark-ignition reciprocating or rotary
internal combustion piston enginesManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
8408 Compression-ignition internal combus-
tion piston engines (diesel or semi-diesel
engines)Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 139
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
8409 Parts suitable for use solely or princi-
pally with the engines of heading No
8407 or 8408Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
8411 Turbo-jets, turbo-propellers and other
gas turbinesManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
8412 Other engines and motors Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
ex 8413 Rotary positive displacement pumps Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
ex 8414 Industrial fans, blowers and the like Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
8415 Air conditioning machines, comprising a
motor-driven fan and elements for
changing the temperature and humidity,
including those machines in which the
humidity cannot be separately regulatedManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
8418 Refrigerators, freezers and other refrig-
erating or freezing equipment, electric
or other; heat pumps other than air
conditioning machines of heading No
8415Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials usedManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 140
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
does not exceed 40 % of the ex-
works price of the product
— the value of all the non-originating
materials used does not exceed the
value of the originating materials
used
ex 8419 Machines for wood, paper pulp and
paperboard industriesManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where, within the above limit, the
materials classified within the same
heading as the product are only used
up to ava lue of 25 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8420 Calendering or other rolling machines,
other than for metals or glass, and
cylinders thereforManufacture
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where, within the above limit, the
materials classified within the same
heading as the product are only used
up to ava lue of 25 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8423 Weighing machinery (excluding
balances of a sensitivity of 5 cg or
better), including weight operated
counting or checking machines;
weighing machine weights of all kindsManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
8425 to 8428 Lifting, handling, loading or unloading
machineryManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;Manufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 141
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
— where, within the above limit, the
materials classified within heading
No 8431 are only used up to a value
of 10 % of the ex-works price of the
product
8429 Self-propelled bulldozers, angledozers,
graders, levellers, scrapers, mechanical
shovels, excavators, shovel loaders,
tamping machines and road rollers:
— Road rollers Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
— Other Manufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where, within the above limit, the
materials classified within heading
No 8431 are only used up to a value
of 10 % of the ex-works price of the
productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8430 Other moving, grading, levelling,
scraping, excavating, tamping,
compacting, extracting or boring
machinery, for earth, minerals or ores;
pile-drivers and pile-extractors; snow-
ploughs and snow-blowersManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where, within the above limit, the
value of the materials classified
within heading No 8431 are only
used up to ava lue of 10 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
ex 8431 Parts suitable for use solely or princi-
pally with road rollersManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 142
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
8439 Machinery for making pulp of fibrous
cellulosic material or for making or
finishing paper or paperboardManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where, within the above limit, the
materials classified within the same
heading as the product are only used
up to ava lue of 25 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8441 Other machinery for making up paper
pulp, paper or paperboard, including
cutting machines of all kindsManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where, within the above limit, the
materials classified within the same
heading as the product are only used
up to ava lue of 25 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8444 to 8447 Machines of these headings for use in
the textile industryManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
ex 8448 Auxiliary machinery for use with
machines of headings Nos 8444 and
8445Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
8452 Sewing machines, other than book-
sewing machines of heading No 8440;
furniture, bases and covers specially
designed for sewing machines; sewing
machine needles:
— Sewing machines (lock stitch only)
with heads of a weight not exceeding 16
kg without motor or 17 kg with motorManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where the value of all the non-
originating materials used in assem-▼M12001D0822 — EN — 02.12.2001 — 000.001 — 143
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
bling the head (without motor) does
not exceed the value of the origi-
nating materials used;
— the thread tension, crochet and
zigzag mechanisms used are already
originating
— Other Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
8456 to 8466 Machine-tools and machines and their
parts and accessories of headings Nos
8456 to 8466Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
8469 to 8472 Office machines (for example, type-
writers, calculating machines,
automatic data processing machines,
duplicating machines, stapling
machines)Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
8480 Moulding boxes for metal foundry;
mould bases; moulding patterns; mouldsfor metal (other than ingot moulds),
metal carbides, glass, mineral materials,
rubber or plasticsManufacture in which the value of all
the materials used does not exceed 50 %of the ex-works price of the product
8482 Ball or roller bearings Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
8484 Gaskets and similar joints of metal
sheeting combined with other material
or of two or more layers of metal; sets or
assortments of gaskets and similar
joints, dissimilar in composition, put
up in pouches, envelopes or similar
packings; mechanical sealsManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 144
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
8485 Machinery parts, not containing elec-
trical connectors, insulators, coils,
contacts or other electrical features, not
specified or included elsewhere in this
ChapterManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
ex Chapter 85 Electrical machinery and equipment and
parts thereof; sound recorders and
reproducers, television image and sound
recorders and reproducers, and parts and
accessories of such articles; except for:Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8501 Electric motors and generators
(excluding generating sets)Manufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where, within the above limit, the
materials classified within heading
No 8503 are only used up to a value
of 10 % of the ex-works price of the
productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8502 Electric generating sets and rotary
convertersManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where, within the above limit, the
materials classified within heading
No 8501 or 8503, taken together, are
only used up to ava lue of 10 % of
the ex-works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
ex 8504 Power supply units for automatic data-
processing machinesManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
ex 8518 Microphones and stands therefor; loud-
speakers, whether or not mounted inManufacture:
— in which the value of all theManufacture in which the value of all the
materials used does not exceed 25 % of▼M12001D0822 — EN — 02.12.2001 — 000.001 — 145
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
their enclosures; audio-frequency elec-
tric amplifiers; electric sound amplifier
setsmaterials used does not exceed 40 %
of the ex-works price of the product;
— where the value of all the non-
originating materials used does not
exceed the value of the originating
materials usedthe ex-works price of the product
8519 Turntables (record-decks), record-
players, cassette-players and other sound
reproducing apparatus, not incorporating
asound recording deviceManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where the value of all the non-
originating materials used does not
exceed the value of the originating
materials usedManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8520 Magnetic tape recorders and other sound
recording apparatus, whether or not
incorporating a sound reproducing
deviceManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where the value of all the non-
originating materials used does not
exceed the value of the originating
materials usedManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8521 Video recording or reproducing appa-
ratus, whether or not incorporating a
video tunerManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where the value of all the non-
originating materials used does not
exceed the value of the originating
materials usedManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8522 Parts and accessories suitable for use
solely or principally with the apparatus
of heading Nos 8519 to 8521Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
8523 Prepared unrecorded media for sound
recording or similar recording of otherManufacture in which the value of all
the materials used does not exceed 40 %▼M12001D0822 — EN — 02.12.2001 — 000.001 — 146
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
phenomena, other than products of
Chapter 37of the ex-works price of the product
8524 Records, tapes and other recorded media
for sound or other similarly recorded
phenomena, including matrices and
masters for the production of records,
but excluding products of Chapter 37:
— Matrices and masters for the produc-
tion of recordsManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
— Other Manufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where, within the above limit, the
materials classified within heading
No 8523 are only used up to a value
of 10 % of the ex-works price of the
productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8525 Transmission apparatus for radio-tele-
phony, radio-telegraphy, radio-
broadcasting or television, whether or
not incorporating reception apparatus or
sound recording or reproducing appa-
ratus; television cameras; still image
video cameras and other video camera
recordersManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where the value of all the non-
originating materials used does not
exceed the value of the originating
materials usedManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
8526 Radar apparatus, radio navigational aid
apparatus and radio remote control
apparatusManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where the value of all the non-
originating materials used does not
exceed the value of the originating
materials usedManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 147
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
8527 Reception apparatus for radio-telephony,
radio-telegraphy or radio-broadcasting,
whether or not combined, in the same
housing, with sound recording or repro-
ducing apparatus or a clockManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where the value of all the non-
originating materials used does not
exceed the value of the originating
materials usedManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
8528 Reception apparatus for television,
whether or not incorporating radio
broadcast receivers or sound or video
recording or reproducing apparatus;
video monitors and video projectorsManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where the value of all the non-
originating materials used does not
exceed the value of the originating
materials usedManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
8529 Parts suitable for use solely or princi-
pally with the apparatus of heading Nos
8525 to 8528:
— Suitable for use solely or principally
with video recording or reproducing
apparatusManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
— Other Manufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where the value of all the non-
originating materials used does not
exceed the value of the originating
materials usedManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
8535 and 8536 Electrical apparatus for switching or
protecting electrical circuits, or for
making connections to or in electrical
circuitsManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;Manufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 148
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
— where, within the above limit, the
materials classified within heading
No 8538 are only used up to a value
of 10 % of the ex-works price of the
product
8537 Boards, panels, consoles, desks, cabinets
and other bases, equipped with two or
more apparatus of heading No 8535 or
8536, for electric control or the distribu-
tion of electricity, including those
incorporating instruments or apparatus
of Chapter 90, and numerical control
apparatus, other than switching appa-
ratus of heading No 8517Manufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where, within the above limit, the
materials classified within heading
No 8538 are only used up to a value
of 10 % of the ex-works price of the
productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
ex 8541 Diodes, transistors and similar semi-
conductor devices, except wafers not
yet cut into chipsManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
8542 Electronic integrated circuits and micro-
assembliesManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where, within the above limit, the
materials classified within heading
No 8541 or 8542, taken together, are
only used up to ava lue of 10 % of
the ex-works price of the productManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
8544 Insulated (including enamelled or
anodised) wire, cable (including coaxial
cable) and other insulated electric
conductors, whether or not fitted with
connectors; optical fibre cables, made
up of individually sheathed fibres,
whether or not assembled with electricManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 149
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
conductors or fitted with connectors
8545 Carbon electrodes, carbon brushes, lamp
carbons, battery carbons and other
articles of graphite or other carbon,
with or without metal, of a kind used
for electrical purposesManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
8546 Electrical insulators of any material Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
8547 Insulating fittings for electrical
machines, appliances or equipment,
being fittings wholly of insulating mate-
rials apart from any minor components
of metal (for example, threaded sockets)
incorporated during moulding solely for
purposes of assembly, other than insu-
lators of heading No 8546; electrical
conduit tubing and joints therefor, of
base metal lined with insulating materialManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
8548 Waste and scrap of primary cells,
primary batteries and electric accumula-
tors; spent primary cells, spent primary
batteries and spent electric accumula-
tors; electrical parts of machinery or
apparatus, not specified or included
elsewhere in this ChapterManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
ex Chapter 86 Railway or tramway locomotives,
rolling-stock and parts thereof; railway
or tramway track fixtures and fittings
and parts thereof; mechanical (including
electro-mechanical) traffic signaling
equipment of all kinds; except for:Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 150
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
8608 Railway or tramway track fixtures and
fittings; mechanical (including electro-
mechanical) signalling, safety or traffic
control equipment for railways, tram-
ways, roads, inland waterways, parking
facilities, port installations or airfields;
parts of the foregoingManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
ex Chapter 87 Vehicles other than railway or tramway
rolling-stock, and parts and accessories
thereof; except for:Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
8709 Works trucks, self-propelled, not fitted
with lifting or handling equipment, of
the type used in factories, warehouses,
dock areas or airports for short distance
transport of goods; tractors of the type
used on railway station platforms; parts
of the foregoing vehiclesManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8710 Tanks and other armoured fighting
vehicles, motorised, whether or not
fitted with weapons, and parts of such
vehiclesManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8711 Motorcycles (including mopeds) and
cycles fitted with an auxiliary motor,
with or without side-cars; side-cars:
— With reciprocating internal combus-
tion piston engine of a cylinder capacity:
— — Not exceeding 50 cc Manufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where the value of all the non-
originating materials used does notManufacture in which the value of all the
materials used does not exceed 20 % of
the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 151
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
exceed the value of the originating
materials used
— — Exceeding 50 cc Manufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where the value of all the non-
originating materials used does not
exceed the value of the originating
materials usedManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
— Other Manufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where the value of all the non-
originating materials used does not
exceed the value of the originating
materials usedManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
ex 8712 Bicycles without ball bearings Manufacture from materials not classi-
fied in heading No 8714Manufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8715 Baby carriages and parts thereof Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
8716 Trailers and semi-trailers; other vehi-
cles, not mechanically propelled; parts
thereofManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 152
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
ex Chapter 88 Aircraft, spacecraft, and parts thereof;
except for:Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex 8804 Rotochutes Manufacture from materials of any
heading including other materials of
heading No 8804Manufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
8805 Aircraft launching gear; deck-arrestor or
similar gear; ground flying trainers;
parts of the foregoing articlesManufacture in which all the materials
used are classified within a heading
other than that of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
Chapter 89 Ships, boats and floating structures Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
hulls of heading No 8906 may not be
usedManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
ex Chapter 90 Optical, photographic, cinematographic,
measuring, checking, precision, medical
or surgical instruments and apparatus;
parts and accessories thereof; except for:Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
9001 Optical fibres and optical fibre bundles;
optical fibre cables other than those of
heading No 8544; sheets and plates of
polarising material; lenses (including
contact lenses), prisms, mirrors and
other optical elements, of any material,
unmounted, other than such elements of
glass not optically workedManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
9002 Lenses, prisms, mirrors and other optical
elements, of any material, mounted,
being parts of or fittings for instruments
or apparatus, other than such elements
of glass not optically workedManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
9004 Spectacles, goggles and the like, correc-
tive, protective or otherManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 153
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
ex 9005 Binoculars, monoculars, other optical
telescopes, and mountings therefor,
except for astronomical refracting tele-
scopes and mountings thereforManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the product and
— the value of all the non-originating
materials used does not exceed the
value of the originating materials
usedManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
ex 9006 Photographic (other than cinemato-
graphic) cameras; photographic
flashlight apparatus and flashbulbs other
than electrically ignited flashbulbsManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the product and
— the value of all the non-originating
materials used does not exceed the
value of the originating materials
usedManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
9007 Cinematographic cameras and projec-
tors, whether or not incorporating sound
recording or reproducing apparatusManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the product and
— the value of all the non-originating
materials used does not exceed the
value of the originating materials
usedManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
9011 Compound optical microscopes,
including those for photomicrography,
cinephotomicrography or microprojec-
tionManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials usedManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 154
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
does not exceed 40 % of the ex-
works price of the product and
— the value of all the non-originating
materials used does not exceed the
value of the originating materials
used
ex 9014 Other navigational instruments and
appliancesManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
9015 Surveying (including photogrammetrical
surveying), hydrographic, oceano-
graphic, hydrological, meteorological
or geophysical instruments and appli-
ances, excluding compasses;
rangefindersManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
9016 Balances of a sensitivity of 5 cg or
better, with or without weightsManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
9017 Drawing, marking-out or mathematical
calculating instruments (for example,
drafting machines, pantographs, protrac-
tors, drawing sets, slide rules, disc
calculators); instruments for measuring
length, for use in the hand (for example,
measuring rods and tapes, micrometers,
callipers), not specified or included
elsewhere in this ChapterManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
9018 Instruments and appliances used in
medical, surgical, dental or veterinary
sciences, including scintigraphic appa-
ratus, other electro-medical apparatus
and sight-testing instruments:
— Dentists' chairs incorporating dental
appliances or dentists' spittoonsManufacture from materials of any
heading, including other materials of
heading No 9018Manufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
— Other Manufacture in which:
— all the materials used are classified
within a heading other than that ofManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 155
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the product
9019 Mechano-therapy appliances; massage
apparatus; psychological aptitude-
testing apparatus; ozone therapy, oxygen
therapy, aerosol therapy, artificial
respiration or other therapeutic respira-
tion apparatusManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
9020 Other breathing appliances and gas
masks, excluding protective masks
having neither mechanical parts nor
replaceable filtersManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 25 % of
the ex-works price of the product
9024 Machines and appliances for testing the
hardness, strength, compressibility, elas-
ticity or other mechanical properties of
materials (for example, metals, wood,
textiles, paper, plastics)Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
9025 Hydrometers and similar floating instru-
ments, thermometers, pyrometers,
barometers, hygrometers and psychrom-
eters, recording or not, and any
combination of these instrumentsManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
9026 Instruments and apparatus for measuring
or checking the flow, level, pressure or
other variables of liquids or gases (for
example, flow meters, level gauges,
manometers, heat meters), excluding
instruments and apparatus of headings
Nos 9014, 9015, 9028 or 9032Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
9027 Instruments and apparatus for physical
or chemical analysis (for example,
polarimeters, refractometers, spectro-Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 156
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
meters, gas or smoke analysis appa-
ratus); instruments and apparatus for
measuring or checking viscosity,
porosity, expansion, surface tension or
the like; instruments and apparatus for
measuring or checking quantities of
heat, sound or light (including exposure
meters); microtomes
9028 Gas, liquid or electricity supply or
production meters, including calibrating
meters therefor:
— Parts and accessories Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
— Other Manufacture in which:
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the product and
— where the value of all the non-
originating materials used does not
exceed the value of the originating
materials usedManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
9029 Revolution counters, production coun-
ters, taximeters, mileometers,
pedometers and the like; speed indica-
tors and tachometers, other than those of
heading No 9014 or 9015; stroboscopesManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
9030 Oscilloscopes, spectrum analysers and
other instruments and apparatus for
measuring or checking electrical quan-
tities, excluding meters of heading No
9028; instruments and apparatus for
measuring or detecting alpha, beta,
gamma, X-ray, cosmic or other ionising
radiationsManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
9031 Measuring or checking instruments,
appliances and machines, not specified
or included elsewhere in this Chapter;
profile projectorsManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 157
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
9032 Automatic regulating or controlling
instruments and apparatusManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
9033 Parts and accessories (not specified or
included elsewhere in this Chapter) for
machines, appliances, instruments or
apparatus of Chapter 90Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
ex Chapter 91 Clocks and watches and parts thereof;
except for:Manufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
9105 Other clocks Manufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where the value of all the non-
originating materials used does not
exceed the value of the originating
materials usedManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
9109 Clock movements, complete and
assembledManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where the value of all the non-
originating materials used does not
exceed the value of the originating
materials usedManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
9110 Complete watch or clock movements,
unassembled or partly assembled (move-
ment sets); incomplete watch or clock
movements, assembled; rough watch or
clock movementsManufacture:
— in which the value of all the
materials used does not exceed
40 % of the ex-works price of the
product;
— where, within the above limit, the
materials classified within heading
No 9114 are only used up to a value
of 10 % of the ex-works price of theManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 158
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
product
9111 Watch cases and parts thereof Manufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
9112 Clock cases and cases of a similar type
for other goods of this Chapter, and
parts thereofManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 40 % of the ex-
works price of the productManufacture in which the value of all the
materials used does not exceed 30 % of
the ex-works price of the product
9113 Watch straps, watch bands and watch
bracelets, and parts thereof:
— Of base metal, whether or not gold-
or silver-plated, or of metal clad with
precious metalManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
— Other Manufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
Chapter 92 Musical instruments; parts and acces-
sories of such articlesManufacture in which the value of all
the materials used does not exceed 40 %
of the ex-works price of the product
Chapter 93 Arms and ammunition; parts and acces-
sories thereofManufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
ex Chapter 94 Furniture; bedding, mattresses, mattress
supports, cushions and similar stuffed
furnishings; lamps and lighting fittings,
not elsewhere specified or included;
illuminated signs, illuminated name-
plates and the like; prefabricated build-Manufacture in which all the materials
used are classified within a heading
other than that of the productManufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 159
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
ings; except for:
ex 9401 and
ex 9403Base metal furniture, incorporating
unstuffed cotton cloth of aweight of
300 g/m2or lessManufacture in which all the materials
used are classified in a heading other
than that of the product
orManufacture from cotton cloth already
made up in a form ready for use of
heading No 9401 or 9403, provided:
— its value does not exceed 25 % of the
ex-works price of the product;
— all the other materials used are
already originating and are classified
in a heading other than heading No
9401 or 9403Manufacture in which the value of all the
materials used does not exceed 40 % of
the ex-works price of the product
9405 Lamps and lighting fittings including
searchlights and spotlights and partsthereof, not elsewhere specified or
included; illuminated signs, illuminated
name-plates and the like, having a
permanently fixed light source, and parts
thereof not elsewhere specified or
includedManufacture in which the value of all
the materials used does not exceed 50 %of the ex-works price of the product
9406 Prefabricated buildings Manufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
ex Chapter 95 Toys, games and sports requisites; parts
and accessories thereof; except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
9503 Other toys; reduced-size (‘scale’)
models and similar recreational models,
working or not; puzzles of all kindsManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product▼M12001D0822 — EN — 02.12.2001 — 000.001 — 160
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
ex 9506 Golf clubs and parts thereof Manufacture in which all the materials
used are classified within a heading
other than that of the product. However,
roughly shaped blocks for making golf
club heads may be used
ex Chapter 96 Miscellaneous manufactured articles;
except for:Manufacture in which all the materials
used are classified within a heading
other than that of the product
ex 9601 and
ex 9602Articles of animal, vegetable or mineral
carving materialsManufacture from ‘worked’ carving
materials of the same heading
ex 9603 Brooms and brushes (except for besoms
and the like and brushes made from
marten or squirrel hair), hand-operated
mechanical floor sweepers, not
motorised, paint pads and rollers, squee-
gees and mopsManufacture in which the value of all
the materials used does not exceed 50 %
of the ex-works price of the product
9605 Travel sets for personal toilet, sewing or
shoe or clothes cleaningEach item in the set must satisfy the
rule, which would apply to it if it were
not included in the set. However, non-
originating articles may be incorporated,
provided their total value does not
exceed 15 % of the ex-works price of
the set
9606 Buttons, press-fasteners, snap-fasteners
and press-studs, button moulds and other
parts of these articles; button blanksManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product
9608 Ball-point pens; felt-tipped and other
porous-tipped pens and markers; foun-
tain pens, stylograph pens and other
pens; duplicating stylos; propelling or
sliding pencils; pen-holders, pencil-
holders and similar holders; parts
(including caps and clips) of the fore-
going articles, other than those ofManufacture in which all the materials
used are classified within a heading
other than that of the product. However,
nibs or nib-points classified within the
same heading may be used▼M12001D0822 — EN — 02.12.2001 — 000.001 — 161
HS heading Description of product Working or processing, carried out on non-originating materials, which confers originating status
(1) (2) (3) or (4)
heading No 9609
9612 Typewriter or similar ribbons, inked or
otherwise prepared for giving impres-
sions, whether or not on spools or in
cartridges; ink-pads, whether or not
inked, with or without boxesManufacture in which:
— all the materials used are classified
within a heading other than that of
the product;
— the value of all the materials used
does not exceed 50 % of the ex-
works price of the product
ex 9613 Lighters with piezo-igniter Manufacture in which the value of all
the materials of heading No 9613 used
does not exceed 30 % of the ex-works
price of the product
ex 9614 Smoking pipes and pipe bowls Manufacture from roughly shaped
blocks
Chapter 97 Works of art, collectors' pieces and
antiquesManufacture in which all the materials
used are classified within a heading
other than that of the product
(1) The exception concerning Zea indurata maize is applicable until 31.12.2002.
(2) For the special conditions relating to ‘specific processes’ see Introductory Notes 7.1 and 7.3.
(3) For the special conditions relating to ‘specific processes’ see Introductory Note 7.2.
(4) Note 3 to Chapter 32 says that these preparations are those of a kind used for colouring any material or used as ingredients in the manufacture of colour ing preparations,
provided they are not classified in another heading in Chapter 32.
(5) A ‘group’ is regarded as any part of the heading separated from the rest by a semi-colon.
(6) In the case of the products composed of materials classified within both headings Nos 3901 to 3906, on the one hand, and within headings Nos 3907 to 3911 , on the other
hand, this restriction only applies to that group of materials which predominates by weight in the product.
(7) The following foils shall be considered as highly transparent: foils, the optical dimming of which — measured according to ASTM-D 1003-16 by Gardner Hazemeter (i.e.
Hazefactor) — is less than 2 %.
(8) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
(9) The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.
(10) See Introductory Note 6.
(11) For knitted or crocheted articles, not elastic or rubberised, obtained by sewing or assembling pieces of knitted or crocheted fabrics (cut out or kni tted directly to shape), see
Introductory Note 6.
(12) SEMII — Semiconductor Equipment and Materials Institute Incorporated.
(13) This rule shall apply until 31.12.2005.▼M12001D0822 — EN — 02.12.2001 — 000.001 — 162
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Appendix 3
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2001D0822 — EN — 02.12.2001 — 000.001 — 167
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Appendix 4
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▼B
2001D0822 — EN — 02.12.2001 — 000.001 — 169
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Appendix 5 A
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▼B
Appendix 5 B
2001D0822 — EN — 02.12.2001 — 000.001 — 171
▼B
Appendix 6
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2001D0822 — EN — 02.12.2001 — 000.001 — 173
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2001D0822 — EN — 02.12.2001 — 000.001 — 174
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Appendix 7
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2001D0822 — EN — 02.12.2001 — 000.001 — 176
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ANNEX IV
CONDITIONS FOR ENTRY INTO THE COMMUNITY OF PRODUCTS
NOT ORIGINATING IN THE OCT, BUT WHICH ARE IN FREE
CIRCULATION IN THE OCT, AND METHODS OF ADMINISTRATIVE
COOPERATION
Article 1
Direct transport
1. The arrangements provided for under the provisions of Article 36
of this Decision apply only to products, satisfying the requirements ofthis Annex, which are transported directly between the territory of theOCT and the Community without entering any other territory. However,products constituting one single consignment may be transported
through territory other than that of the OCT with, should the occasion
arise, transhipment or temporary warehousing in such territory, providedthat they remain under the surveillance of the customs authorities in thecountry of transit or warehousing and do not undergo operations otherthan unloading, reloading or any operation designed to preserve them ingood condition.
2. Evidence that the conditions set out in paragraph 1 have been
fulfilled shall be supplied to the responsible customs authorities by theproduction of:
(a) a single transport document covering the passage from the exporting
country or territory through the country of transit; or
(b) a certificate issued by the customs authorities of the country of
transit:
(i) giving an exact description of the products;
(ii) stating the dates of unloading and reloading of the products and,
where applicable, the names of the ships, or the other means oftransport used; and
(iii) certifying the conditions under which the products remained in
the transit country; or
(c) failing these, any substantiating documents.
Article 2
Export Certificate EXP
1. Evidence of compliance with the provisions of Article 36 of this
Decision shall be given by an Export Certificate EXP, a specimen ofwhich appears in the Appendix.
2. An Export Certificate EXP shall be issued by the customs
authorities of the exporting OCT on application having been made in
writing by the exporter or, under the exporter's responsibility, by his
authorised representative.
3. For this purpose, the exporter or his authorised representative shall
fill out the Export Certificate EXP, a specimen of which appears in theAppendix. These forms shall be completed in accordance with theprovisions of this Annex. If they are hand-written, they shall be
completed in ink in printed characters. The description of the products
must be given in the box reserved for this purpose without leaving anyblank lines. Where the box is not completely filled, a horizontal linemust be drawn below the last line of the description, the empty spacebeing crossed through.
Applications for Export Certificates EXP must be preserved for at least
three years by customs authorities of the exporting country or territory.
4. The exporter applying for the issue of an Export Certificate EXP
shall be prepared to submit at any time, at the request of the customsauthorities of the exporting OCT where the Export Certificate EXP isissued, all appropriate documents proving that the products to beexported are such as to qualify for the issue of an Export CertificateEXP.2001D0822 — EN — 02.12.2001 — 000.001 — 177
▼B
Exporters are required to keep the supporting documents referred to in
this paragraph for at least three years.
5. An Export Certificate EXP shall be issued by the customs
authorities of the exporting OCT if the products concerned can beconsidered as having been in free circulation and fulfil the otherprovisions of Article 36 of this Decision.
6. The issuing customs authorities shall take any steps necessary to
verify the correctness of the application. For this purpose, they shall
have the right to call for any evidence and to carry out any inspection of
the exporter's accounts or any other check considered appropriate. Theissuing customs authorities shall also ensure that the form referred to inparagraph 3 is duly completed. In particular, they shall check whetherthe space reserved for the description of the products has beencompleted in such a manner as to exclude all possibility of fraudulent
additions.
7. The date of issue of the Export Certificate EXP shall be indicated
in Box 11 of the certificate.
8. An Export Certificate EXP shall be issued by the customs
authorities and made available to the exporter as soon as actual
exportation has been effected or ensured.
Article 3
Issue of a duplicate Export Certificate EXP
1. In the event of theft, loss or destruction of an Export Certificate
EXP, the exporter may apply to the customs authorities which issued itfor a duplicate made out on the basis of the export documents in their
possession.
2. The duplicate issued in this way must be endorsed with one of the
following words:
‘DUPLICADO’, ‘DUPLIKAT’, ‘ ΑΝΤΙΓΡΑΦΟ ’, ‘DUPLICATE’,
‘DUPLICATA’, ‘DUPLICATO’, ‘DUPLICAAT’, ‘SEGUNDA VIA’,‘KAKSOISKAPPALE’.
3. The endorsement referred to in paragraph 2 shall be inserted in the
‘Remarks’ box 7 of the duplicate Export Certificate EXP.
4. The duplicate, which must bear the date of issue of the original
Export Certificate EXP, shall take effect as from that date.
Article 4
Validity of Export Certificates EXP
1. An Export Certificate EXP shall be valid for four months from the
date of issue in the exporting OCT, and must be submitted within thesaid period to the customs authorities of the importing country.
2. Exports Certificate EXP which are submitted to the customs
authorities of the importing country after the final date for presentationspecified in paragraph 1 may be accepted for the purpose of applying the
arrangements, where the failure to submit these documents by the final
date set is due to exceptional circumstances.
3. In other cases of belated presentation, the customs authorities of
the importing country may accept the Export Certificates EXP where theproducts have been submitted before the said final date.
Article 5
Submission of Export Certificates EXP
Export Certificates EXP shall be submitted to the customs authorities of
the importing country in accordance with the procedures applicable inthat country. The said authorities may require a translation of ExportCertificates EXP and may also require the import declaration to beaccompanied by a statement from the importer to the effect that the2001D0822 — EN — 02.12.2001 — 000.001 — 178
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products meet the conditions required for the implementation of the
Decision.
ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
Article 6
Mutual assistance
1. The OCT shall send to the Commission specimens of the stamps
used together with the addresses of the customs authorities competent toissue Export Certificates EXP if they differ from those included inArticle 31 of Annex III. The OCT shall carry out the subsequentverification of Export Certificates EXP.
Export Certificates EXP shall be accepted for the purpose of applying
the arrangements provided for from the date the information is receivedby the Commission.
The Commission shall send this information to the customs authorities
of the Member States.
2. In order to ensure the proper application of this Annex, the OCT
and the Community shall assist each other, through the competent
customs administrations, in checking the authenticity of the Export
Certificates EXP and the correctness of the information given in thesedocuments.
Article 7
Verification of Export Certificates EXP
1. Subsequent verifications of Export Certificates EXP shall be
carried out at random or whenever the customs authorities of the
importing country have reasonable doubts as to the authenticity of such
documents or the compliance with the provisions of Article 36 of thisDecision.
2. For the purposes of implementing the provisions of paragraph 1,
the customs authorities of the importing country shall return the ExportCertificate EXP, the relevant commercial documents or a copy of thesedocuments, to the customs authorities of the exporting OCT giving,
where appropriate, the reasons for the enquiry. Any documents and
information obtained suggesting that the information given on theExport Certificate EXP is incorrect shall be forwarded in support of therequest for verification.
3. The verification shall be carried out by the customs authorities of
the exporting OCT. For this purpose, they shall have the right to call forany evidence and to carry out any inspection of the exporter's accountsor any other check considered appropriate.
4. If the customs authorities of the importing country decide to
suspend the application of the arrangements to the products concerned
while awaiting the results of the verification, release of the products
shall be offered to the importer subject to any precautionary measuresjudged necessary.
5. The customs authorities requesting the verification shall be
informed of the results of this verification as soon as possible. Theseresults must indicate clearly whether the documents are authentic andwhether the products concerned can be considered as having fulfilled the
provisions of Article 36 of this Decision.
6. If in cases of reasonable doubt there is no reply within ten months
of the date of the verification request or if the reply does not contain
sufficient information to determine the authenticity of the document inquestion or that the products to be exported are such as to qualify for theissue of an Export Certificate EXP, the requesting customs authoritiesshall, except in exceptional circumstances, refuse application of thearrangements.
7. Where the verification procedure or any other available informa-
tion appears to indicate that the provisions of this Annex are being2001D0822 — EN — 02.12.2001 — 000.001 — 179
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contravened, the OCT on its own initiative or at the request of the
Community shall carry out appropriate enquiries or arrange for suchenquiries to be carried out with due urgency to identify and prevent such
contraventions. The Commission may participate in the enquiries.
8. Where disputes arise in relation to the verification procedures
which cannot be settled between the customs authorities requesting averification and the customs authorities responsible for carrying out thisverification or where they raise a question as to the interpretation of thisAnnex, they shall be submitted to the Customs Code Committee set up
by Council Regulation (EEC) No 2454/93.
9. In all cases the settlement of disputes between the importer and the
customs authorities of the importing country shall be under thelegislation of the said country.
Article 8
Penalties
Penalties shall be imposed on any person who draws up, or causes to be
drawn up, a document which contains incorrect information to enableproducts to be accepted as eligible for the arrangements provided for.
Article 9
Free zones
The OCT and the Member States shall take all necessary steps to ensure
that products traded under cover of an Export Certificate EXP and whichin the course of transport use a free zone situated in their territory, are
not substituted by other goods and do not undergo handling other than
normal operations designed to prevent their deterioration.
Article 10
Annexes
The Appendix to this Annex shall form an integral part thereof.2001D0822 — EN — 02.12.2001 — 000.001 — 180
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Appendix
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ANNEX V
EURO-INFO CORRESPONDENCE CENTRES (EICC)
Tasks of the EICC
In respect of the OCTs the tasks of the Euro-info Correspondence Centres (EICC)
shall be to:
— disseminate Community information to OCT firms,
— gather and transmit to the Euro-info Centres (EIC) information from the
OCTs which may be of use to European small and medium-sized enterprises,
— answer general, legal, administrative and statistical questions from OCT firms
about the European Union,
— answer general, legal, administrative and statistical questions from Commu-
nity firms about the OCTs.
To achieve the greatest possible reciprocity in the exchange of information, the
Commission shall ensure that Community firms have access to the same type of
information and the same advisory/support services in relation to the OCTs as
those offered by the Community to OCT firms.
Tools and services
The following tools and services shall be made available to or be acquired by the
Correspondence Centres for the proper performance of their work:
(a) documentation: a list of documents selected to form a basic library collection
(to be acquired); terms and cost of acquisition;
(b) a specific software program (to be acquired) for creating and managing
dossiers on specific issues and conducting searches on previous dossiers and
existing document and databases;
(c) databases: list of databanks available (for which there is a charge); terms and
cost of connection;
(d) training: teach yourself courses (to be acquired), timetable of training
sessions (specific Community matters, working of the EICs), fee-paying
training sessions in database use, and annual conference of all EICs and
EICCs (for all these activities, travel and accommodation expenses to be
borne by the EICC);
(e) access to information officers of the central administration for replies to
requests for information on Community-related matters;
(f) access to the capitalisation database via the VANS: this EIC-network
database contains questions and answers on mainly Community matters;
(g) electronic mail: the EICCs shall have access to the electronic mail system, in
particular the EIC network's own environment.
Establishment procedures
1. A request for the establishment of a correspondence centre and the choice of
host structure should be addressed to the Commission by the competent
authorities of the country or territory through the channels provided for in
Article 59 of this Decision.
2. An agreement providing for, inter alia , sufficient human, material and
financial resources shall be concluded between the EICC and the Commission.
Criteria for selecting the host structure
The following criteria shall be used to select applicant host structures of the
EICCs:
— experience of the applicant structure in assisting and advising businesses, a
business-oriented attitude to small and medium-sized enterprises,
— representativeness in respect of the business sector in the applicant country or
territory,
— knowledge of European issues,— the will and the ability to ensure reciprocity of services to OCT and
Community firms,
— the potential for financial independence,— willingness to employ as staff for the Centre, people with a good command of
English or French and experience of computers,
— provision of computer and communications equipment that complies with the
specifications,2001D0822 — EN — 02.12.2001 — 000.001 — 186
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— an undertaking to serve all small and medium-sized enterprises equally
without discrimination as to status or sector, where appropriate in liaison with
other EICs or EICCs on the network.2001D0822 — EN — 02.12.2001 — 000.001 — 187