9.6.2022
EN
Official Journal of the European Union
L 156/101
9.2.
Products falling within Chapters 29 (except for: 2905.43-2905.44), 30, 32, 33 (except for: 3302.10, 3301), 34, 35 (except for: 35.01, 3502.11-3502.19, 3502.20, 35.05), 36, 37, 38 (except for: 3809.10, 38.23, 3824.60, 38.26) and 39 (except for: 39.16-39.26) obtained in a Party by fermentation shall be considered as originating in that Party.
“Fermentation” is a biotechnological process in which human, animal, plant cells, bacteria, yeasts, fungi or enzymes are used to produce products falling within Chapters 29 to 39. 9.3.
The following processing operations are considered sufficient according to paragraph 1 of Article 4 for products falling within Chapters 28, 29 (except for: 2905.43-2905.44), 30, 32, 33 (except for: 3302.10, 3301), 34, 35 (except for: 35.01, 3502.11-3502.19, 3502.20, 35.05), 36, 37, 38 (except for: 3809.10, 38.23, 3824.60, 38.26) and 39 (except for: 39.16-39.26): — Chemical reaction: A “chemical reaction” is a process (including a biochemical process) which results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule.
A chemical reaction may be expressed by a change of the “CAS number”.
The following processes should not be considered for purposes of origin: (a) dissolving in water or other solvents; (b) the elimination of solvents, including solvent water; or (c) the addition or elimination of water of crystallization.
A chemical reaction as defined above is to be considered as origin conferring. — Mixtures and Blends: The deliberate and proportionally controlled mixing or blending (including dispersing) of materials, other than the addition of diluents, to conform to predetermined specifications which results in the production of a good having physical or chemical characteristics which are relevant to the purposes or uses of the good and are different from the input materials is to be considered to be as origin conferring. — Purification: Purification is to be considered as origin conferring provided that purification occurring in the territory of one or both of the Parties results in one of the following criteria being satisfied: (a) purification of a good resulting in the elimination of at least 80 % of the content of existing impurities; or (b) the reduction or elimination of impurities resulting in a good suitable for one or more of the following applications: (i)
pharmaceutical, medicinal, cosmetic, veterinary, or food grade substances;
(ii)
chemical products and reagents for analytical, diagnostic or laboratory uses;
(iii) elements and components for use in micro-electronics; (iv) specialised optical uses; (v)
biotechnical use (e.g., in cell culturing, in genetic technology, or as a catalyst);
(vi) carriers used in a separation process; or (vii) nuclear grade uses. — Change in particle size: The deliberate and controlled modification in particle size of a good, other than by merely crushing or pressing, resulting in a good having a defined particle size, defined particle size distribution or defined surface area which is relevant to the purposes of the resulting good and having different physical or chemical characteristics from the input materials is to be considered as origin conferring. — Standard materials: Standard materials (including standard solutions) are preparations suitable for analytical, calibrating or referencing uses having precise degrees of purity or proportions which are certified by the manufacturer.
The production of standard materials is to be considered as origin conferring. — Isomer separation: The isolation or separation of isomers from a mixture of isomers is to be considered as origin conferring.