Commission notice concerning the application of the transitional rules of origin providing for diagonal cumulation between the applying Contracting Parties (1) in the pan-Euro-Mediterranean (PEM) zone

(2022/C 405/04)

For the purpose of the application of diagonal cumulation of origin among the applying Contracting Parties, the applying Contracting Parties concerned notify each other, through the European Commission, of the origin rules in force with the other applying Contracting Parties.

It is recalled that diagonal cumulation (of working, processing and/or materials) can only be applied if the applying Contracting Parties of final manufacture and of final destination have concluded free trade agreements, containing identical rules of origin, with all the applying Contracting Parties participating in the acquisition of originating status.

Products originating in an applying Contracting Party which has not concluded an agreement with the applying Contracting Parties of final manufacture and/or of final destination shall be treated as non-originating.

Based on the notifications made by the applying Contracting Parties to the European Commission, the tables attached specify:

Table 1 – a simplified overview of cumulation possibilities on 15 October 2022.

Table 2 – the date from which diagonal cumulation becomes applicable.

In Table 1, an ‘X’ marks the existence between 2 partners of a free trade agreement containing rules of origin allowing cumulation based on the transitional rules of origin. To use diagonal cumulation with a third partner, an ‘X’ should be present in all the intersection of the table between the 3 partners.

In Table 2, the dates mentioned refer to the date of application of diagonal cumulation on the basis of Article 8 of Appendix A to each protocol on rules of origin between the applying Contracting Parties. In that case the date is preceded by ‘(T)’.

A list of applying Contracting Parties having opted to extend the application of Article 7(3) of the transitional rules provided by Appendix A to the bilateral protocols on rules of origin on importation of products falling within Chapters 50 to 63 unilaterally is contained in Annex I

The codes for the applying Contracting Parties listed in the tables are given here below.

— European Union EU — EFTA States: — Iceland IS — Switzerland (including Liechtenstein) (2) CH (+ LI) — Norway NO — The Faroe Islands FO — The participants in the Barcelona Process: — Jordan JO — Palestine (3) PS — The participants in the EU’s Stabilisation and Association Process: — Albania AL — North Macedonia MK — Serbia RS — Montenegro ME — Georgia GE — The Republic of Moldova MD — Kosovo (*) KO

This notice replaces notice 2022/C 202/01 (OJ C 202, 19.5.2022, p. 1).

Table 1

Simplified overview of diagonal cumulation possibilities under the transitional rules of origin in the pan-Euro-Med zone on 15 October 2022

EU CH (+LI) IS NO FO JO PS AL KO MK RS ME GE MD EU X X X X X X X X X X X X X CH (+LI) X X X X X X X IS X X X X X X X NO X X X X X X X FO X JO X PS X AL X X X X KO X MK X X X X RS X X X X ME X X X X GE X MD X





Table 2

Date of application of transitional rules of origin providing for diagonal cumulation in the pan-Euro-Med zone

EU CH (+LI) IS NO FO JO PS AL KO MK RS ME GE MD EU (T) 1.9.2021 (T) 1.9.2021 (T) 1.9.2021 (T) 1.9.2021 (T) 1.9.2021 (T) 1.9.2021 (T) 1.9.2021 (T) 15.10.2022 (T) 9.9.2021 (T) 6.12.2021 (T) 9.2.2022 (T) 1.9.2021 (T) 16.11.2021 CH (+LI) (T) 1.9.2021 (T) 1.11.2021 (T) 1.11.2021 (T) 1.1.2022 (T) 1.4.2022 (T) 1.1.2022 (T) 1.4.2022 IS (T) 1.9.2021 (T) 1.11.2021 (T) 1.11.2021 (T) 1.1.2022 (T) 1.4.2022 (T) 1.1.2022 (T) 1.4.2022 NO (T) 1.9.2021 (T) 1.11.2021 (T) 1.11.2021 (T) 1.1.2022 (T) 1.4.2022 (T) 1.1.2022 (T) 1.4.2022 FO (T) 1.9.2021 JO (T) 1.9.2021 PS (T) 1.9.2021 AL (T) 1.9.2021 (T) 1.1.2022 (T) 1.1.2022 (T) 1.1.2022 KO (T) 15.10.2022 MK (T) 9.9.2021 (T) 1.4.2022 (T) 1.4.2022 (T) 1.4.2022 RS (T) 6.12.2021 (T) 1.1.2022 (T) 1.1.2022 (T) 1.1.2022 ME (T) 9.2.2022 (T) 1.4.2022 (T) 1.4.2022 (T) 1.4.2022 GE (T) 1.9.2021 MD (T) 16.11.2021

(1) ’applying Contracting Party' means a Contracting Party to the PEM Convention that incorporates the PEM transitional rules of origin in its bilateral preferential trade agreements with another Contracting Party to the PEM Convention

(2) Switzerland and the Principality of Liechtenstein form a customs union.

(3) This designation shall not be construed as recognition of a State of Palestine and is without prejudice to the individual positions of the Member States on this issue

(*) This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.