Notice from the Commission pursuant to Article 4(14) of Protocol 1 to the Economic Partnership Agreement between the European Union and the SADC EPA States, concerning the definition of the concept of ’originating products’ and methods of administrative cooperation Cumulation between the European Union and ACP EPA States and the overseas countries and territories of the EU as provided for under Article 4(3) and 4(7) of Protocol 1 to the EU-SADC EPA

(2022/C 131/02)

Paragraphs 3 and 7 of Article 4 of Protocol 1 to the Economic Partnership Agreement (the ‘EPA’) between the European Union (‘the Union’) and the Southern African Development Community (the ‘SADC’) EPA States (1), provides for diagonal cumulation in the Union.

That cumulation allows exporters in the Union to incorporate in the products they export to the SADC EPA States materials originating in other African, Caribbean and Pacific (‘ACP’) EPA States or in the overseas countries and territories (the ‘OCTs’), or working or processing carried out in those countries or territories, as if they were originating or carried out in the Union when incorporated into a product produced in the Union and exported to a SADC EPA State within the framework of the EPA, subject to other conditions established in paragraphs 4, 5, 8, 16 and 18 of Article 4.

The EU is already applying diagonal cumulation since 1 October 2018 with certain ACP EPA States and OCTs (see notice 2018/C 407/07 (2)).

In addition, the Union has concluded an arrangement on administrative cooperation with Ghana. The European Commission has provided details of such arrangement to SADC EPA States. Therefore, the Union has fulfilled the administrative requirements indicated in Article 4(10) of Protocol 1, and may start applying the diagonal cumulation provided for under Article 4(3) and (7) of Protocol 1 to the EU-SADC EPA with Ghana as from 1 April 2022.

Moreover, following the withdrawal of the United Kingdom from the EU, diagonal cumulation with the OCTs of the United Kingdom is no longer possible as from 31 January 2020.

In light of the above, diagonal cumulation foreseen by Article 4(3) and (7) of Protocol 1 may be applied in the Union with the following countries and territories:

— Caribbean: Antigua and Barbuda; the Commonwealth of the Bahamas; Barbados; Belize; the Commonwealth of Dominica; the Dominican Republic; Grenada; the Republic of Guyana; Jamaica; Saint Christopher and Nevis; Saint Lucia; Saint Vincent and the Grenadines; the Republic of Suriname and the Republic of Trinidad and Tobago;

— Central Africa Region: the Republic of Cameroon;

— Eastern and Southern Africa Region: the Republic of Madagascar; the Republic of Mauritius; the Republic of Seychelles and the Republic of Zimbabwe;

— Pacific Region: the Independent State of Papua New Guinea and the Republic of the Fiji Islands;

— West Africa Region: the Republic of the Ivory Coast; Ghana (3)

— OCTs: Greenland; New Caledonia and Dependencies; French Polynesia; French Southern and Antarctic Territories; Wallis and Futuna Islands; Saint Barthelemy; Saint Pierre and Miquelon; Aruba; Bonaire; Curaçao; Saba; Sint Eustasius; Sint Maarten.

The present notice is published in accordance with Article 4(14) of Protocol 1 to the EU-SADC EPA.

This notice replaces notice 2018/C 407/07 of 12 November 2018.

(1) OJ L 250, 16.9.2016, p. 1924.

(2) OJ C 407, 12.11.2018, p. 8.

(3) From 1 April 2022