CELEX: 21990D0330(01)
Language: en
Date: 1990-02-27 00:00:00
Title: Decision No 2/90 of the ACP-EEC Council of Ministers of 27 February 1990 on transitional measures to be applied from 1 March 1990

No L 84 /2                             Official Journal of the European Communities                                30 . 3 . 90
                        DECISION No 2/90 OF THE ACP-EEC COUNCIL OF MINISTERS
                                                    of 27 February 1990
                                 on transitional measures to be applied from 1 March 1990
THE ACP-EEC COMMITTEE OF AMBASSADORS,                            (g) the provisions on the least-developed, landlocked
                                                                      and island countries appearing in Part Three,
                                                                      Title V;
Having regard to the Third ACP-EEC Convention
signed at Lome on 8 December 1984, and in particular
the third paragraph of Article 291 thereof,                      (h) the final provisions appearing in Part Five, except
                                                                      Articles 285, 286, 290 and the first and second para­
                                                                      graphs of Article 291 ;
Having regard to Decision No 1 /90 of the ACP-EEC
Council of Ministers of 22 February 1990 delegating              (i) the     provisions  on     privileges and   immunities
powers to the ACP-EEC Committee of Ambassadors                        appearing in Protocol No 3.
concerning the adoption of transitional measures on the
expiry of the Third ACP-EEC Convention,
                                                                                            Article 2
Whereas appropriate transitional measures, to apply until         1 . From 1 March 1990 the following provisions of the
entry into force of the Fourth ACP-EEC Convention,               Fourth ACP-EEC Convention shall be applied in
signed at Lom6 on 15 December 1989, must be adopted              advance :
to maintain in force the relevant provisions of the Third
ACP-EEC Convention or apply in advance certain                   (a) the general provisions on ACP-EEC cooperation
provisions of the Fourth ACP-EEC Convention,                          relating to the objectives and principles of
                                                                      cooperation and to the institutions appearing in Part
                                                                      One, Chapters 1 and 5, in Part Four and in Protocol
HAS DECIDED AS FOLLOWS :                                              No 2 ;
                         Article 1
                                                                 (b) the provisions on trade cooperation appearing in
                                                                      Part Three, Title 1 ;
The following provisions of the Third ACP-EEC
Convention and the acts adopted pursuant thereto shall           (c) Article 364 on the accession of Namibia ;
remain applicable after 28 February 1990 :
                                                                 (d) the provisions on the definition of the concept of
(a) the general provisions on ACP-EEC cooperation                     'originating products' and methods of administrative
    relating to the objectives and guidelines of the                  cooperation appearing in Protocol No 1 and the
    Convention in the main areas of cooperation and to                Annexes thereto ;
    the principles governing the instruments of
    cooperation* appearing in Part One, Chapters 2               (e) the provisions on the implementation of Article 178
    and 3 ;                                                           appearing in Protocol No 4 ;
(b) the provisions on the areas of cooperation appearing         (f) the provisions on bananas appearing in Protocol
    in Part Two ;                                                     No 5 ;
(c) subject to the second paragraph of Article 5 of              (g) the provisions on rum appearing in Protocol No 6 ;
    this Decision, the provisions on the system for the
    stabilization of export earnings appearing in Part           (h) the provisions on beef and veal appearing in Protocol
    Three, Title II, Chapter 1 ;                                      No 7 and the Annexes thereto ;
(d) the provisions on mining products appearing in Part          (i) the provisions on products within the province of the
    Three, Title II, Chapter 3 : however, requests for                ECSC Treaty appearing in Protocol No 9 .
    financial assistance under this chapter must be
    received not later than 31 October 1990 ;                    2 . From 1 March 1990 the provisions referred to in
                                                                 paragraph 1 shall apply in relations between the
(e) the provisions on financial and technical cooperation        Community and any new ACP State signatory to the
    in Part Three, Title III, and in Annex XXXI ;                Fourth ACP- EEC Convention .
(f) the provisions on investment, movements of capital,          3 . The provisions referred to in paragraph 1 , points
    establishment and services appearing in Part Three,          (b), (d), (f), (g), (h) and (i) are reproduced in the
    Title IV ;                                                   Annexes hereto.
 ---pagebreak--- 30. 3 . 89                           Official Journal of the European Communities                             No L 84/3
                         Article 3                             the Third ACP-EEC Convention shall continue to be
                                                               implemented as provided for in that Convention.
The Commission on Industrial Cooperation is hereby
authorized to exercise the powers necessary to :               By way of derogation from Article 178 (2) and Article
— ensure the continued operation of the Centre for the         205 (3) of the said Convention, the period laid down in
    Development of Industry until the entry into force of      those Articles for Sysmin financing, emergency aid and
    the Fourth ACP-EEC Convention,                             aid for refugees and returnees shall be extended until the
                                                               entry into force of the Fourth ACP-EEC Convention.
— prepare the entry into force of the new provisions,          Subject to Article 1 (d) of this Decision, the Community
    notably the setting-up of the Executive Board and the      is hereby authorized to continue carrying out its
    Advisory Council provided for in Part Two, Title V.        commitments under these headings until that date .
                         Article 4                                                      Article 7
Under the authority of the Committee of Ambassadors,           The ACP States, the Member States of the Community
the Subcommittee on Cooperation for Agricultural and           and the Community shall each take whatever measures
Rural Development is hereby authorized to exercise the         are necessary to implement this Decision.
powers necessary to ensure the continued operation of
the Technical Centre for Agricultural and Rural                                         Article 8
Cooperation until the entry into force of the Fourth
ACP-EEC Convention.                                            This Decision shall enter into force on 1 March 1990 .
                         Article 5                             It shall, apply until the entry into force of the new
                                                               provisions concerning the same areas and no later than
The implementation of the system for the stabilization of      28 February 1991 , unless it is extended by joint
export earnings under the Third ACP-EEC Convention             agreement.
shall continue to be governed by the provisions of that
Convention .
Article 1 56 of the said Convention shall continue to
apply, but the period of application shall be extended         Done at Brussels, 27 February 1990.
until the entry into force of the Fourth ACP-EEC
Convention .                                                                For the ACP-EEC Council ofMinisters
                         Article 6                                       By the ACP-EEC Committee ofAmbassadors
                                                                                         The Chairman
Financial and technical cooperation and the system
providing aid for mining projects and programmes under                                   J. CAMPBELL
 ---pagebreak--- No L 84/4                              Official Journal of the European Communities                                 30 . 3 . 90
                                                          ANNEX I
                                          (FOURTH ACP-EEC CONVENTION)
                                                       PART THREE
                                 THE INSTRUMENTS OF ACP-EEC COOPERATION
                          TITLE I                                        (i) those products shall be imported free of
                  TRADE COOPERATION                                           customs duties for which Community
                                                                              provisions in force at the time of import do
                                                                              not provide, apart from customs duties, for
                         Chapter 1                                            the application of any measure relating to
                                                                              their import;
                General trade arrangements
                         Article 167                                    (ii) for products other than those referred to
                                                                              under (i), the Community shall take the
1 . In the field of trade cooperation, the object of this                     necessary measures to ensure more favourable
Convention is to promote trade between the AGP States                         treatment than that granted to third countries
and the Community, taking account of their respective                         benefiting from the most-favoured- nation
levels of development, and also between the ACP States                        clause for the same products.
themselves .
                                                                    (b) If, during the application of this Convention, the
2 . In the pursuit of this objective, particular regard                 ACP States request that new lines of agricultural
shall be had to securing effective additional advantages                production or agricultural products which are not
for ACP States' trade with the Community and to                         the subject of specific arrangements when this
improving the conditions of access for their products to                Convention enters into force should benefit from
the market in order to accelerate the growth of their                   such arrangements, the Community shall examine
trade and, in particular of the flow of their exports to                these requests in consultation with the ACP
the Community and to ensure a better balance in the                     States .
trade of the Contracting Parties.
                                                                    (c) Notwithstanding the above, the Community shall,
3. To this end, the Contracting Parties shall apply the                 in the context of the special relations and special
provisions of this Title and the other appropriate                      nature of ACP-EEC cooperation, examine on a
measures under Title III of this Part and under Part Two                case-by-case basis the requests from the ACP
of this Convention .                                                    States for preferential access for their agricultural
                                                                        products to the Community market and shall
                                                                        notify its decision on these reasoned requests if
                         Article 168                                    possible within four months, and in any case not
                                                                        more than six months after the date of their
1 . Products originating in the ACP States shall be                     submission .
imported into the Community free of customs duties and
charges having equivalent effect.
                                                                        Within the context of subparagraph (a) (ii), the
                                                                        Community shall take its decisions in particular
2 . (a) Products originating in the ACP States :                        with reference to concessions granted to
                                                                        developing third countries . It shall take account of
        — listed in Annex II to the Treaty where they                   the possibilities offered by the off-season market.
            come under a common organization of the
            market within the meaning of Article 40 of the          (d) The arrangements referred to in subparagraph (a)
            Treaty, or                                                  shall enter into force at the same time as this
                                                                        Convention and shall remain applicable for its
                                                                        duration .
        — subject, on import into the Community, to
            specific rules introduced as a result of the
            implementation of the common agricultural                   However, if during the application of this
            policy                                                      Convention, the Community :
        shall be imported into the Community, notwith­                       subjects one or more products to common
        standing the general arrangements applied in                         organization of the market or to specific rules
        respect of third countries, in accordance with the                   introduced as a result of the implementation
        following provisions :                                               of the common agricultural policy, it shall
 ---pagebreak--- 30 . 3 . 90                              Official Journal of the European Communities                              No L 84 / 5
             reserve the right to adapt the import treatment       3.     Provisions on the movement of hazardous and
             for those products originating in the ACP             radioactive waste are set out in Part Two, Title I of this
             States, following consultations within the            Convention .
             Council of Ministers. In such cases, the
             provisions of subparagraph (a) shall be                                         Article 171
             applicable,
                                                                   The treatment applied to imports of products originating
         — modifies the common organization of the                 in the ACP States may not be more favourable than that
             market in a particular product or the specific        applied to trade among the Member States of the
             rules introduced as a result of the implemen­         Community.
             tation of the common agricultural policy, it
             shall reserve the right to modify the                                           Article 172
             arrangements laid down for products orig­
             inating in the ACP States, following consul­          Where      new measures       or measures   stipulated   in
             tations within the Council of Ministers. In           programmes adopted by the Community for the approxi­
             such cases the Community shall undertake to           mation of laws and regulations in order to facilitate the
             ensure that products originating in the ACP           movement of goods are likely to affect the interests of
             States continue to enjoy an advantage                 one or more ACP States, the Community shall, prior to
             comparable to that previously enjoyed in              adopting such measures, inform the ACP States thereof
             relation to products originating in third             through the Council of Ministers.
             countries benefiting from the most­
             favoured-nation clause.                               In order to enable the Community to take into
                                                                   consideration the interests of the ACP State concerned,
    (e) Where the Community intends to conclude a                  consultations shall be held at the request of the latter in
         preferential agreement with third States it shall         accordance with Article 12, second paragraph, with a
         inform the ACP States thereof. Consultations              view to reaching a satisfactory solution.
         shall take place where the ACP States so request
         in order to safeguard their interests .                                             Article 173
                          Article 169                               1 . Where existing Community rules or regulations
                                                                    adopted in order to facilitate the movement of goods
1 . The Community shall not apply to imports of                     affect the interests of one or more ACP States or where
products originating in the ACP States any quantitative            these interests are affected by the interpretation,
restrictions or measures having equivalent effect.                 application or administration of such rules or regu­
                                                                   lations, consultations shall be held at the request of the
2.      However,     paragraph     1   shall  apply without        ACP States concerned with a view to reaching a satis­
prejudice to the import arrangements for the products              factory solution.
referred to in the first indent of Article 168 (2) (a).
                                                                    2 . With a view to finding a satisfactory solution, the
The Community shall inform the ACP States when                     ACP States may also bring up within the Council of
residual quantitative restrictions are eliminated in respect        Ministers any other problems relating to the movement
of any of these products.                                           of goods which might result from measures taken or
                                                                    envisaged by the Member States.
                           Article 170
                                                                    3. The relevant institutions of the Community shall, to
1 . Article 169 shall not preclude prohibitions or                  the greatest possible extent, inform the Council of
restrictions on imports, exports or goods in transit                Ministers of such measures in order to ensure effective
justified on grounds of public morality, public policy or           consultations .
public security, the protection of health and life of
humans, animals and plants, the protection of national                                       Article 174
treasures possessing artistic, historic or archaeological
value or the protection of industrial and commercial                1 . In view of their present development needs, the
property.                                                           ACP States shall not be required for the duration of this
                                                                    Convention to assume, in respect of imports of products
2 . Such prohibitions or restrictions shall in no case              originating in the Community, obligations corresponding
constitute a means of arbitrary discrimination or a                 to the commitment entered into by the Community
disguised restriction of trade generally.                           under this Chapter in respect of imports of the products
                                                                    originating in the ACP States.
In cases where implementation of the measures referred
to in paragraph 1 affects the interests of one or more              2. (a) In their trade with the Community, the ACP
ACP States, consultations shall be held at the request of                   States shall not discriminate among the Member
the latter, in accordance with the second paragraph of                      States and shall grant to the Community
Article 12, with a view to reaching a satisfactory                          treatment no less favourable         than   most­
solution.                                                                   favoured-nation treatment.
 ---pagebreak--- No L 84 /6                            Official Journal of the European Communities                                 30 . 3 . 90
    (b) Notwithstanding specific provisions of          this    and must not exceed the scope of what is strictly
        Convention, the Community shall                 not     necessary to remedy the difficulties that have arisen.
        discriminate between ACP States in the field of
        trade .
                                                                4. When applied, safeguard measures shall take
                                                                account of the existing level of the ACP exports
    (c) The most-favoured-nation treatment referred to          concerned to the Community and their potential for
        in subparagraph (a) shall not apply in respect of       development.
        trade or economic relations between ACP States
        or between one or more ACP States and other
        developing countries .                                                           Article 178
                                                                 1 . Prior consultations shall take place concerning the
                         Article 175                            application of the safeguard clause, both when such
                                                                measures are first adopted and when they are extended.
Unless it has already done so under earlier ACP-EEC             The Community shall provide the ACP States with
Conventions, each Contracting Party shall communicate           all the information required for such consultations and
its customs tariff to the Council of Ministers within three     shall provide the data from which to determine to what
months of the entry into force of this Convention. Each         extent imports from an ACP State or ACP States of a
Contracting Party shall also communicate any                    specific product have caused the effects referred to in
subsequent amendments to its tariff as and when they            Article 177 ( 1 ).
come into force.
                                                                2 . Where consultations have taken place, safeguard
                         Article 176                            measures, or arrangements jointly agreed upon by the
                                                                ACP States concerned and the Community, shall enter
1 . The concept of 'originating products' for the               into force thereafter.
purposes of implementing this Chapter, and the methods
of administrative cooperation relating thereto, are
defined in Protocol No 1 .                                      3 . However, the prior consultations provided for in
                                                                paragraphs 1 and 2 shall not prevent any immediate
                                                                decisions which the Community or its Member States, in
2.     The   Council of Ministers may adopt any                 accordance with Article 177 ( 1 ), might take where
amendment to Protocol No 1 .                                    special factors have necessitated such decisions.
3 . Where the concept of 'originating products' has not         4.    In order to facilitate the examination of factors that
yet been defined for a given product pursuant to para­          may cause market disturbances, a mechanism shall be
graphs 1 or 2, each Contracting Party shall continue to         instituted for the statistical surveillance of certain ACP
apply its own rules.                                            exports to the Community.
                         Article 177
                                                                5. The Contracting Parties undertake to hold regular
                                                                consultations with a view to finding satisfactory solutions
1 . Should application of this Chapter result in serious        to problems which might result from the application of
disturbances in a sector of the economy of the                  the safeguard clause.
Community or of one or more of the Member States, or
jeopardize their external financial stability, or if diffi­     6.    The prior consultations as well as the regular
culties arise which may result in a deterioration thereof,      consultations and the surveillance mechanism referred to
the Community may take, or may authorize the Member             in paragraphs 1 to 5 shall be implemented in accordance
State concerned to take, safeguard measures. These              with Protocol No 4 .
measures,     their  duration    and  their   methods     of
application shall be notified immediately to the Council
of Ministers .
                                                                                         Article 179
                                                                The Council of Ministers shall, at the request of any
2. The Community and its Member States undertake                Contracting Party concerned, consider the economic and
not to use other means for protectionist purposes or to         social effects of the application of the safeguard clause.
hamper structural development. The Community will
refrain from using safeguard measures having the same
effect.                                                                                  Article 180
                                                                When safeguard measures are being taken, modified or
3.     Safeguard measures shall be restricted to those          removed, particular attention shall be paid to the
which would least disturb trade between the Contracting         interests of the least-developed, landlocked and island
Parties in implementing the objectives of this Convention       ACP States .
 ---pagebreak--- 30 . 3 . 90                               Official Journal of the European Communities                             No L 84/7
                           Article 181                              2208 40 10, 2208 40 90, 2208 90 11 and 2208 90 19 of
                                                                    the combined nomenclature — rum, arrack, taffia —
In order to ensure the effective implementation of this             originating in the ACP States shall be governed by
Convention       in  the    field    of  trade     and  customs
                                                                    Protocol No 6 .
cooperation, the Contracting Parties agree to inform and
consult each other.
                                                                                             Article 183
In addition to the cases for which consultations are
specifically provided for in Articles 167 to 180, consul­           In order to permit the improvement of the conditions
tations shall also take place, at the request of the                under which bananas originating in the ACP States are
Community or of the ACP States, and in accordance                   produced and marketed, the Contracting Parties hereby
with the conditions provided for in the procedural rules            agree to the objectives set out in Protocol No 5 .
in Article 12, particularly in the following cases :
                                                                                             Article 184
( 1 ) where Contracting Parties intend to take any trade
      measures affecting the interests of one or more               This Chapter and Protocols Nos 5 and 6 shall not apply
      Contracting Parties under this Convention, they shall         to relations between the ACP States and the French
      inform the Council of Ministers thereof. Consul­              overseas departments.
      tations shall take place, where the Contracting
      Parties concerned so request, in order to take
      account of their respective interests ;                                                Chapter 3
(2) if, during the application of this Convention, the                                    Trade in services
      ACP States consider that agricultural products
      covered by Article 168 (2) (a) other than those                                        Article 185
      subject to special treatment should benefit from such
      treatment, consultations may take place within the             1 . The Contracting Parties recognize the importance
      Council of Ministers ;                                         of trade in services for the development of the ACP
                                                                     States' economies, on account of the increasing role of
( 3) where a Contracting Party considers that obstacles              services in international trade and their considerable
      to the movement of goods arise as a result of the              growth potential.
      existing rules of another Contracting Party or the
      interpretation, application or administration thereof;         2. The ACP States and the Community recognize that
(4) where the Community or the Member States take                    the long-term aim in this area is a progressive liberali­
      safeguard measures in accordance with Article 177,             zation of trade in services, with due respect for national
      consultations on these measures may take place                 policy objectives, and taking due account of the level of
      within    the  Council      of    Ministers,   where   the     development of ACP States.
      Contracting Parties concerned so request, notably
      with a view to ensuring compliance with Article 177            3. The AGP States and the Community recognize
      (3).                                                           further that it will be opportune and necessary to
                                                                     develop cooperation in this sector when the outcome of
 Such consultations must be completed within three                   current multilateral trade negotiations is known.
months .
                                                                     4.    Therefore, the Contracting Parties will negotiate
                          Chapter 2                                  amendments or further elaboration of this Convention to
                                                                     take account, and to take advantage, of the outcome of
           Special undertakings on rum and bananas                   the multilateral trade negotiations in the GATT.
                           Article 182
                                                                     5. Following the negotiations referred to in paragraph
Until the entry into force of a common organization of               4, which will take place within the framework of the
 the market in spirits and notwithstanding Article 167 ( 1 ),        Council of Ministers, the Council of Ministers may
entry into the Community of products of subheadings                  adopt any amendment to this Chapter.
 ---pagebreak--- No L 84/ 8                              Official Journal of the European Communities                                   30. 3. 90
                                                           ANNEX II
                                            FOURTH ACP-EEC CONVENTION
                                                      PROTOCOL No 1
               concerning the definition of the concept of 'originating products' and methods of administrative
                                                          cooperation
                           TITLE I                                     which sail under the flag of a Member State, of an
DEFINITION OF THE CONCEPT OF 'ORIGINATING                              ACP State, or of an OCT,
                         PRODUCTS'
                                                                       which are owned to an extent of at least 50 % by
                          Article 1                                    nationals of States party to the Convention, or of an
                                                                       OCT, or by a company with its head office in one of
                        Origin criteria                                these States or OCT, of which the manager or
For the purpose of implementing the trade cooperation                  managers, chairman of the board of directors or the
provisions of the Convention, a product shall be                       supervisory board, and the majority of the members
considered to be originating in the ACP States if it has               of such boards, are nationals of States party to the
                                                                       Convention or of an OCT and of which, in addition
been either wholly obtained or sufficiently worked or
processed in the ACP States .                                          in the case of partnerships or limited companies, at
                                                                       least half the capital belongs to States party to the
                                                                       Convention or to public bodies or nationals of such
                          Article 2                                    States, or of an OCT,
                 Wholly obtained products
                                                                       of which at least 50 % of the crew, master and
1 . The following shall be sondidered as wholly                        officers included, are nationals of States party to the
obtained either in the ACP States, or in the Community,                Convention, or of an OCT.
or in the countries and territories defined in Annex III,
hereinafter referred to as the 'OCT':
                                                                   3 . Nothwithstanding the provisions of paragraph 2,
(a) mineral products extracted from their soil or from             where an ACP State offers the Community the oppor­
     their seabed ;                                                tunity to negotiate a fisheries agreement and the
                                                                   Community does not accept this offer, the ACP State
(b) vegetable products harvested therein ;                         concerned may charter or lease third country vessels to
                                                                   undertake fisheries activities in its exclusive economic
(c) live animals born and raised therein ;                         zone and request that such vessels be treated as 'their
                                                                   vessels' under the provisions of this Article.
(d) products from live animals raised therein ;
                                                                   The Community will recognize vessels chartered or
(e) products obtained by hunting or fishing conducted              leased by the ACP State as 'their vessels' under the
     therein ;                                                     following conditions :
(f) products of sea fishing and other products taken
     from the sea by their vessels ;                               — that the Community has not availed itself of the
                                                                       opportunity to negotiate a fisheries agreement with
(g) products made aboard their factory ships exclusively               the ACP State concerned,
     from products referred to in subparagraph (f);
                                                                   — that at least 50 % of the crew, master and officers
(h) used articles collected there fit only for the recovery            included, are nationals of States party to the
     of raw materials ;                                                Convention, or of an OCT,
(i) waste and scrap resulting from manufacturing oper­
     ations conducted therein ;                                    — that the charter or lease contract has been accepted
                                                                       by the Commission as providing adequate oppor­
(j) goods produced there exclusively from the products                 tunities for developing the capacity of the ACP State
     specified in subparagraphs (a) to (i).                            to fish on its own account and in particular as
                                                                       conferring on the ACP State the responsibility for the
                                                                       nautical and commercial management of the vessel
2. The term 'their vessels' in paragraph 1 (f) shall                   placed at its disposal for a significant period of time.
apply only to vessels :
— which are registered or recorded in a Member State,              4.    The terms 'ACP State', 'the Community' and
    in an ACP State, or in an OCT,                                 'OCT' shall also cover their territorial waters .
 ---pagebreak--- 30 . 3 . 90                              Official Journal of the European Communities                               No L 84/9
Sea-going vessels, including factory ships, on which the            3. For the purpose of implementing paragraphs 1 and
fish caught is worked Qr processed shall be considered as          2 the following shall be considered as insufficient
part of the territory of the ACP States, the Community             working or processing to confer the status of originating
or the OCT to which they belong, provided that they                products, whether or not there is a change of heading :
satisfy the conditions set out in paragraph 2.
                                                                    (a) operations to ensure the preservation of products in
                             Article 3                                  good condition during transport and storage
                                                                        (ventilation, spreading out, drying, chilling, placing
                Sufficiently processed products                         in salt, sulphur dioxide or other aqueous solutions,
1 . For the purposes of Article 1 , non-originating                     removal of damaged parts, and like operations) ;
materials are considered to be sufficiently worked or
processed when the product obtained is classified in a              (b) simple operations consisting of removal of dust,
heading which is different from those in which all the                  sifting or screening, sorting, classifying, matching
non-originating materials used in its manufacture are                   (including the making-up of sets of articles, washing,
classified, subject to paragraphs 2 and 3 .                             painting, cutting up) ;
The expressions 'chapters' and 'headings' used in this
Protocol shall mean the chapters and the headings                   (c) (i) changes of packaging and breaking up and
(four-digit codes) used in the nomenclature which makes                      assembly of consignments ;
up the Harmonized Commodity Description and Coding
System (hereinafter referred to as 'the harmonized                      (ii) simple placing in bottles, flasks, bags, cases,
system').                                                                    boxes, fixing on cards or boards etc., and all
                                                                             other simple packaging operations ;
The expression 'classified' shall refer to the classification
of a product or material under a particular heading.
                                                                    (d) affixing marks, labels and other like distinguishing
                                                                        signs on products or their packaging;
2.      For a product mentioned in columns 1 and 2 of the
list in Annex II, the conditions set out in column 3 for
the product concerned must be fulfilled instead of the              (e) (i) simple mixing of products of the same kind
rule in paragraph 1 .                                                        where one or more components of the mixture
                                                                             do not meet the conditions laid down in this
(a) Where in the list in Annex II a percentage rule is                       Protocol to enable them to be considered as
     applied in determining the originating status of a                      originating either in an ACP State, in the
     product obtained in an ACP State, the value added                       Community or in the OCT;
     by the working or processing shall correspond to the
     ex-works price of the product obtained, less the                   (ii) simple mixing of products of different kinds
     customs value of third-country materials imported                       unless one or more components of the mixture
     into the Community, the ACP States or the OCT.                           meet the conditions laid down in this Protocol to
                                                                              enable them to be considered as originating
(b) The term 'value' in the list in Annex II shall mean                      either in an ACP State, in the Community, or in
     the customs value at the time of the import of the                      the OCT and provided that such components
     non-originating materials used or, if this is not                        contribute in determining the essential charac­
     known and cannot be ascertained, the first ascer­                        teristics of the finished product;
     tainable price paid for the materials in the territory
     concerned .
                                                                    (f) simple assembly of parts of articles to constitute a
     Where the value of the originating materials used                  complete article ;
      needs to be established, the first subparagraph of (b)
      shall be applied mutatis mutandis.                            (g) a combination of two or more operations specified in
                                                                        subparagraphs (a) to (f);
(c) The term 'ex-works price' in the list in Annex II shall
      mean the price paid for the product obtained to the
      manufacturer in whose undertaking the last working            (h) slaughter of animals .
      or processing is carried out, provided the price
      includes the value of all the materials used in manu­
      facture, minus any internal taxes which are, or may                                        Article 4
      be repaid when the product obtained is exported.                                      Neutral elements
(d) 'Customs value' shall be understood as meaning the              In order to determine whether goods originate in an
      customs    value    laid   down   in   the   Convention       ACP State, the Comunity or one of the OCT, it shall
      concerning the valuation of goods for customs                 not be necessary to establish whether the electrical
      purposes signed in Brussels on 15 December 1950 .             power, fuel, plant and equipment and machines and tools
 ---pagebreak---  No L 84 / 10                          Official Journal of the European Communities                                 30 . 3 . 90
used to obtain such goods or whether any materials or                                       Article 9
products used in the course of production which do not                                        Sets
enter and which were not intended to enter into the final
composition of the goods originate in third countries or         Sets, as defined in General Rule 3 of the harmonized
not.
                                                                 system, shall be regarded as originating when all
                                                                 component articles are originating products . Never­
                                                                 theless, when a set is composed of originating and
                          Article 5                              non-originating articles, the set as a whole shall be
                      Value tolerance                            regarded as originating provided that the value of the
                                                                 non-originating articles does not exceed 15 % of
Notwithstanding the provisions of Article 3 ( 1 ) and (2),       ex-works price of the set.
non-originating materials may be used in the manu­
facture of a given product, provided their total value
                                                                                           Article 10
does not exceed 10% of ex-works price of the final
product and subject to the conditions laid down in Note                                 Direct transport
4.4 in Annex I.
                                                                 1 . The preferential treatment provided for under the
                                                                 trade cooperation provisions of the Convention applies
                          Article 6                              only to products or materials which are transported
                                                                 between the territory of the ACP States, of the
                        Cumulation                               Community or of the OCT without entering any other
1 . For the purpose of implementing this Title, the              territory. However, goods constituting one single
ACP States shall be considered as being one territory.           consignment may be transported through territory other
                                                                 than that of the ACP States or the Community or the
                                                                 OCT, with, should the occasion arise, transhipment or
2 . When products wholly obtained in the Community               temporary warehousing in such territory, provided that
or in the OCT undergo working or processing in the               the goods have remained under the surveillance of the
ACP States, they shall be considered as having been              customs authorities in the country of transit or of ware­
wholly obtained in the ACP States.                               housing and that they have not undergone operations
                                                                 other than unloading, reloading or any operation
                                                                 designed to preserve them in good condition. -
3 . Working and processing carried out in the
Community or in the OCT shall be considered as having            2.    Evidence    that   the   conditions  referred   to    in
been carried out in the ACP States, when the materials           paragraph 1 have been fulfilled shall be supplied to the
undergo working or processing in the ACP States .                responsible customs authorities by the production of :
4 . Paragraphs 2 and 3 apply to any working or                   (a) a through bill of lading issued in the exporting
processing carried out in the ACP States, including the               beneficiary country covering the passage through the
operations listed in Article 3 (3).                                   country of transit;
                                                                 (b) or a certificate issued by the customs authorities of
                          Article 7                                  the country of transit :
                    Allocation of origin                             — giving an exact description of the goods,
Originating products made up of materials wholly
obtained or sufficiently processed in two or more ACP                — stating the dates of unloading and reloading of
States shall be considered as products originating in the                the goods or of their embarkation or disembark­
ACP State where the last working or processing took                      ation, identifying the ships used,
place, provided this working or processing exceeded the
insufficient operations listed in Article 3 (3) (a), (b), (c)        — certifying the conditions under which the goods
and (d) or a combination thereof.                                        remained in the transit country;
                                                                 (c) or failing these, any substantiating documents.
                          Article 8
             Accessories, spare parts and tools                                            Article 11
Accessories, spare parts and tools dispatched with a piece                         Territorial requirement
of equipment, machine, apparatus or vehicle which are
part of the normal equipment and included in the price           The conditions set out in this Title relative to the
thereof or are not separately invoiced are regarded as           acquisition of originating status must be fulfilled without
one with the piece of equipment, machine, apparatus or           interruption in the Community, the ACP States or the
vehicle in question.                                             OCT.
 ---pagebreak--- 30 . 3.-90                             Official Journal of the European Communities                              No L 84/ 11
If originating goods exported from the Community, the            referred to in paragraph 1 are duly completed. In
ACP States or the OCT to another country are returned,           particular, they shall check whether the space reserved
they must be considered as non-originating unless it can         for the description of the products has been completed in
be demonstrated to the satisfaction of the customs auth­         such a manner as to exclude all possibility of fraudulent
orities that :                                                    additions. To this end, the description of the products
                                                                  must be indicated without leaving any blank lines. Where
— the goods returned are the same goods as those                 the space is not completely filled a horizontal line must
     exported, and                                               be drawn below the last line of the description, the
                                                                  empty space being crossed through.
— they have not undergone any operation beyond that
     necessary to preserve them in good condition while           9.    The date of issue of the movement certificate must
     in that country or while being exported.                     be indicated in the part of the certificate reserved for the
                                                                  customs authorities .
                          TITLE II
                    PROOF OF ORIGIN
                                                                  10     A movement certificate EUR. 1 shall be issued by
                                                                  the customs authorities of the exporting ACP State when
                                                                  the products to which it relates are exported. It shall be
                         Article 12
                                                                  made available to the exporter as soon as actual export
                Movement certificate EUR. 1                       has been effected or ensured .
1 . Evidence of originating status of products, within
                                                                                           Article 13
the meaning of this Protocol, shall be given by a
movement certificate EUR. 1 , a specimen of which                               Issue of EUR. 1 retrospectively
appears in Annex IV to this Protocol.
                                                                  1 . In exceptional circumstances a movement certificate
2 . A movement certificate EUR. 1 may be issued only              EUR. 1 may also be issued after export of the products
where it can serve as the documentary evidence required           to which it relates if it was not issued at the time of
for the purpose of implementing the Convention.                   export because of errors or involuntary omissions or
                                                                  special circumstances.
3 . A movement certificate EUR. 1 shall be issued only
on application having been made in writing by the                 2 . For the implementation of paragraph 1 , the
exporter. Such application shall be made on a form, a             exporter must in the application :
specimen of which appears in Annex IV to this Protocol,
which shall be completed in accordance with this                  — indicate the place and date of export of the products
Protocol.                                                             to which the certificate relates,
Applications for movement certificates EUR. 1 must be             — certify that no movement certificate EUR. 1 was
preserved for at least three years by customs authorities             issued at the time of export of the products in
of the exporting country.                                             question, and state the reasons.
4 . Under the responsibility of the exporter, he or his           3 . The customs authorities may issue a movement
authorized representative shall request the issue of a            certificate EUR. 1 retrospectively only after verifying
movement certificate EUR. 1 .                                     that the information supplied in the exporter's
                                                                  application agrees with that in the corresponding file.
 5 . The exporter or his representative shall submit with
 his request any appropriate supporting document proving          Certificates issued retrospectively must be endorsed with
that the products to be exported are such as to qualify           one of the following phrases : 'EXPEDIDO A
for the issue of a movement certificate EUR. 1 .                  POSTERIORI', 'UDSTEDT EFTERF0LGENDE',
                                                                  •NACHTRAGLICH AUSGESTELLT', 'EKAO0EN EK
6 . The movement certificate EUR. 1 shall be issued by            TQN YETEPQN', 'ISSUED RETROSPECTIVELY',
the customs authorities of the exporting ACP State, if            'DELIVRfi       A   POSTERIORI',        'RILASCIATO        A
the goods can be considered 'originating products'                POSTERIORI',        'AFGEGEVEN         A    POSTERIORI',
                                                                  'EMITIDO A POSTERIORI'.
within the meaning of this Protocol.
 7 . For the purpose of verifying whether the conditions                                   Article 14
 stated in paragraph 6 have been met, the customs auth­
 orities shall have the right to call for any documentary                         Issue of a duplicate EUR. 1
 evidence or to carry out any check which they consider           In the event of the theft, loss or destruction of a
 appropriate.                                                     movement certificate EUR. 1 , the exporter may apply to
                                                                  the customs authorities which issued it for a duplicate
 8.    It shall be the responsibility of the customs auth­        made out on the basis of the export documents in their
 orities of the exporting State to ensure that the forms          possession.
 ---pagebreak--- No L 84 / 12                          Official Journal of the European Communities                               30 . 3 . 90
The duplicate issued in this way must be endorsed with          an OCT and sold after the exhibition for importation
one of the following words : 'DUPLICADO',                       into the Community shall benefit on importation from
'DUPLIKAT',            'DUPLIKAT',           'ANTirPAOO',       the provisions of the Convention on condition that the
'DUPLICATE',          'DUPLICATA',         'DUPLICATO',         products meet the requirements of this Protocol entitling
'DUPLICAAT', 'SEGUNDA VIA'.                                     them to be recognized as originating in an AGP State
                                                                and provided that it is shown to the satisfaction of the
                         Article 15                             customs authorities of the importing State that :
                 Replacement of certificates                    (a) an exporter has consigned these products from an
                                                                     ACP State to the country in which the exhibition is
It shall at any time be possible to replace one or more              held and has exhibited them there ;
movement certificates EUR. 1 by one or more other
movement certificates EUR. 1 provided that this is done         (b) the products have been sold or otherwise disposed of
at the customs office where the goods are located.                   by that exporter to someone in the Community;
                         Article 16                             (c) the products have been consigned during the
                                                                     exhibition or immediately thereafter to the
         Validity of movement certificates EUR. 1                    Community in the state in which they were sent for
1.    A movement certificate EUR. 1 must be submitted,               exhibition ;
within 10 months of the date of issue by the customs
authorities of the exporting ACP State, to the customs          (d) the products have not, since they were consigned for
authorities of the importing State where the products are            exhibition, been used for any purpose other than
entered .                                                            demonstration at the exhibition .
2.    A movement certificate EUR. 1 which is submitted          2.    A movement certificate EUR. 1 must be produced
to the customs authorities of the importing State after         to the customs authorities in the normal manner. The
the final date of presentation specified in paragraph 1         name and address of the exhibition must be indicated
may be accepted for the purpose of applying preferential        thereon. Where necessary, additional documentary
treatment, where the failure to submit the certificate by       evidence of the nature of the products and the conditions
the final date set is due to reasons of force majeure or        under which they have been exhibited may be required.
exceptional circumstances .
                                                                3 . Paragraph 1 shall apply to any trade, industrial,
3 . In other cases of belated presentation, the customs         agricultural or crafts exhibition, fair or similar public
authorities of the importing State may accept the               show or display which is not organized for private
certificates where the products have been submitted to          purposes in shops or business premises with a view to the
them before the said final date .                               sale of foreign products, and during which the products
                                                                remain under customs control.
                         Article 1 7
                                                                                          Article 19
                     Transit procedure
                                                                                   Submission of certificates
When the products enter an ACP State or OCT other
than the country of origin, a further period of validity of     Movement certificates EUR. 1 shall be submitted to
10 months shall commence on the date on which the               customs authorities in the importing State, in accordance
customs authorities in the country of transit enter the         with the procedures laid down by that State. The said
following in box 7 of the certificate EUR. 1 :                  authorities may require a translation of a certificate .
                                                                They may also require the import declaration to be
— the word 'transit',                                           accompanied by a statement from the importer to the
                                                                effect that the products meet the conditions required for
— the name of the country of transit,                           the implementation of the Convention.
— the official stamp, a specimen of which had been                                        Article 20
    made available to the Commission, in conformity
    with Article 25,                                                              Importation by instalments
— the date of the endorsements.                                 Where, at the request of the person declaring the goods
                                                                at the customs, a dismantled or non-assembled article
                                                                falling within Chapter 84 or 85 of the harmonized
                         Article 18                             system is imported by instalments on the conditions laid
                         Exhibitions                            down by the competent authorities, it shall be considered
                                                                to be a single article and a movement certificate may be
1.    Products sent from an ACP State for exhibition in         submitted for the whole article upon import of the first
a country other than an ACP State, a Member State or            instalment.
 ---pagebreak--- 30. 3 . 90                           Official Journal of the European Communities                               No L 84/ 13
                        Article 21                             2. Imports which are occasional and consist solely of
                      Form EUR. 2
                                                               products for the personal use of the recipients or
                                                               travellers or their families shall not be considered as
1 . Notwithstanding Article 12, the evidence of orig­          imports by way of trade if it is evident from the nature
inating status, within the meaning of this Protocol, of        and quantity of the products that no commercial purpose
products which form the subject of postal consignments         is in view.
(including parcels), provided that they consist only of
originating products and that the value does not exceed        Furthermore, the total value of these products must not
ECU 2 820 per consignment, is given by a form EUR. 2,          exceed ECU 200 in the case of small packages or ECU
of which a specimen appears in Annex V to this                  565 in the case of the contents of travellers' personal
Protocol, which shall be completed by the exporter.            luggage.
2. Up to and including 30 April 1991 the ecu to be
                                                                                         Article 23
used in any given national currency of a Member State
of the Community shall be the equivalent in that national            Information procedure for cumulation purposes
currency of the ecu as at 1 October 1988 . For each
successive period of two years it shall be the equivalent       1.    When Article 6 is applied, for the issue of a
in that national currency of the ecu as at the first           movement certificate EUR. 1 , the competent customs
working day in October in the year immediately                 office in the ACP State requested to issue the certificate
preceding that two-year period.                                for products in the manufacture of which materials
                                                               coming from other ACP States, the Community or the
                                                                OCT are used, shall take into consideration the
3 . Revised amounts replacing the amounts expressed            declaration, a specimen of which appears in Annex VI A
in ecus above and in Article 22 (2) may be introduced by       or B, given by the exporter in the State or OCT from
the Community at the beginning of any successive               which it came, either on the commercial invoice
two-year period if necessary and shall be notified by the      applicable to these materials, or on a supporting
Community to the Customs Cooperation Committee not             document to that invoice .
later than one month before they shall come into force.
These amounts shall be, in any event, such as to ensure
that the value of the limits as expressed in the currency      2. A separate supplier's declaration shall be given by
of any Member State shall not decline.                         the supplier for each consignment of materials on the
                                                               commercial invoice related to that shipment or in an
                                                                annex to that invoice, or on a delivery note or other
4. If the products are invoiced in the currency of              commercial document related to that shipment which
another Member State of the Community, the importing           describes the materials concerned in sufficient detail to
State shall recognize the amount notified by the State          enable them to be identified.
concerned .
                                                                3 . For materials having obtained preferential orig­
5 . A form EUR. 2 shall be completed for each postal            inating status, the suppliers' declarations shall be given in
consignment. After completing, and signing the form, the        the form prescribed in Annex VI A.
exporter shall, in the case of consignments by parcel
post, attach the form to the dispatch note . In the case of
consignment by letter post, the exporter shall insert the       4. For materials which have undergone working or
form inside the package.                                        processing in the ACP States, the OCT or the
                                                                Community without having obtained preferential orig­
6 . These provisions do not exempt exporters from               inating status, the suppliers' declarations shall be given in
complying with any other formalities required by                the form prescribed in Annex VI B.
customs or postal regulations.
                                                                5 . The supplier's declaration may be made out on a
                        Article 22
                                                                pre-printed form.
             Exemptions from proof of origin
                                                                6. The suppliers' declaration shall be signed in manu­
 1 . Products sent as small packages to private persons         script. However, where the invoice and the supplier's
or forming part of travellers' personal luggage shall be        declaration are established using electronic data­
admitted as originating products without requiring the          processing methods, the supplier's declaration need not
production of a movement certificate EUR. 1 or the              be signed in manuscript provided the responsible official
completion of form EUR. 2, provided that such products          in the supplying company is identified to the satisfaction
are not imported by way of trade and have been declared         of the customs authorities in the State where the
as meeting the conditions required for the application of       suppliers' declarations are established. The said customs
these provisions, and where there is no doubt as to the         authorities may lay down conditions for the implemen­
veracity of such declaration.                                   tation of this paragraph.
 ---pagebreak--- No L 84/ 14                              Official Journal of the European Communities                                 30 . 3 . 90
7.     Suppliers' declarations made and information                2.    In order to ensure the proper application of this
certificates issued before the date of entry into force of         Protocol, the Member States, the OCT and the ACP
this Protocol in accordance with Articles 20 and 21 of             States shall assist each other, through their respective
Protocol 1 to the Third ACP-EEC Convention shall                   customs administrations, in checking the authenticity of
remain valid .                                                     movement certificates EUR. 1 and the accuracy of the
                                                                   information concerning the actual origin of the products
                                                                   concerned and the declarations by exporters on forms
                            Article 24                             EUR. 2 and the authenticity and accuracy of the infor­
                                                                   mation certificates referred to in Article 27 (2).
                          Discrepancies
The discovery of slight discrepancies between the                  The authorities consulted shall furnish the relevant infor­
statements made in the movement certificate EUR. 1 , in
                                                                   mation concerning the conditions under which the
the form EUR. 2 or in the layout of the supplier's                 product has been made, indicating especially the
declaration referred to in Article 23 and those made in
the documents submitted to the customs office for the              conditions in which the rules of origin have been
                                                                   respected in the various ACP States, Member States or
purpose of carrying out the formalities for importing the          OCT concerned .
materials shall not ipso facto render the document null
and void if it is duly established that movement
certificate EUR. 1 , the form EUR. 2 or the suppliers'
declaration does correspond to the goods submitted.                3. If the customs authorities of the importing State
                                                                   decide to suspend execution of the provisions of the
                                                                   Convention while awaiting the results of the verification,
                                                                   they shall offer to release the products to the importer
                            TITLE III
                                                                   subject to any precautionary measures judged necessary.
    METHOS OF ADMINISTRATIVE COOPERATION
                                                                   4. For the purpose of implementing paragraphs , the
                            Article 25                             customs authorities of the importing State shall return
                                                                   the movement certificate EUR. 1 or form EUR. 2, or a
                 Communication of stamps                           photocopy thereof, to the customs authorities of the
The ACP States shall send to the Commission specimens              exporting State, giving, where appropriate, the reasons
of the stamps used together with the addresses of the              of form or substance for an inquiry. The relevant
customs authorities competent to issue movement                    commercial documents, or a copy thereof, shall be
certificates EUR. 1 and carry out the subsequent verifi­           attached to the certificate EUR. 1 or form EUR. 2 and
cation of movement certificates EUR. 1 and forms EUR.              the customs authorities shall forward any information
2.                                                                 that has been obtained suggesting that the particulars
                                                                   given on the said certificate or the said form are inac­
                                                                   curate .
Movement certificates EUR. 1 and forms EUR. 2 shall
be accepted for the purpose of applying preferential
treatment from the date the information is received by             5.    The customs authorities of the importing State shall
the Commission.                                                    be informed of the results of the verification within six
                                                                   months. These results must be such as to make it possible
                                                                   to determine whether the disputed movement certificate
The Commission shall send this information to the
                                                                   EUR. 1 or form EUR. 2 applied to the products actually
customs authorities of the Member States.
                                                                   exported, and whether these products can, in fact,
                                                                   qualify for the application of the preferential
Movement       certificates   EUR. 1    and   forms   EUR. 2       arrangements .
presented to the customs authorities of the importing
State before this date shall be accepted in conformity
with the Community legislation.                                    6. Where the verification procedure or any other
                                                                   available information appears to indicate that the
                                                                   provisions of this Protocol are being contravened, the
                            Article 26
                                                                   ACP State on its own initiative or at the request of the
                                                                   Comunity shall carry out appropriate • enquiries or
Verification of movement certificates EUR. 1 and of                arrange for such enquiries to be carried out with due
                         forms EUR. 2                              urgency to identify and prevent such contraventions and
                                                                   for this purpose the ACP State concerned may invite the
 1.    Susequent verification of movement certificates             participation of the Community in these enquiries.
EUR. 1 and of forms EUR. 2 shall be carried out at
random or whenever the customs authorities of the
importing State have reasonable doubts as to the authen­           Where the verification procedure or any other available
ticity of the document or the accuracy of the information          information appears to indicate that the provisions of this
regarding the true origin of the products in question.             Protocol are being contravened, the products would be
 ---pagebreak--- 30 . 3 . 90                             Official Journal of the European Communities                             No L 84 / 15
accepted as originating products under Protocol No 1                                       Article 28
only after the completion of such aspects of adminis­                                       Penalties
trative cooperation set down in the Protocol which may
have been activated, including in particular the verifi­          Penalties shall be imposed on any person who, in order
cation procedure.                                                 to enable products to be accepted as eligible for pref­
                                                                  erential treatment, draws up or causes to be drawn up
7 . Disputes which cannot be settled between the                  either a document which contains incorrect particulars
customs authorities of the importing State and those of           for the purpose of obtaining a movement certificate
the exporting State, or those which raise a question as to        EUR. 1 or a form EUR. 2 containing incorrect
the interpretation of this Protocol, shall be submitted to        particulars.
the Customs Cooperation Committee provided for in
Article 30 .
                                                                                           Article 29
8 . In all cases, the settlement of disputes between the                                   Free zones
importer and the customs authorities of the importing
State shall be under the legislation of the said State.           The ACP States shall take all necessary steps to ensure
                                                                  that goods traded under cover of a movement certificate
                          Article 27                              EUR. 1 or of a supplier's declaration and which in the
                                                                  course of transport use a free zone situated in their
            Verification of suppliers' declarations               territory are not replaced by other goods and that they
1.     Verification of suppliers* declarations may be             do not undergo handling other than operations designed
carried out at random or whenever the customs auth­               to preserve them in good condition.
orities of the importing State have reasonable doubts as
to the authenticity of the document or the accuracy or                                     Article 30
completeness of the information concerning the true
origin of the materials in question.                                           Customs Cooperation Committee
                                                                   1 . A Customs Cooperation Committee, hereinafter
2 . The customs authorities to which a supplier's                 referred to as 'the Committee', shall be set up and
declaration is submitted may request the customs auth­            charged with carrying out administrative cooperation
orities of the State where the declaration was made to
                                                                  with a view to the correct and uniform application of this
issue an information certificate, a specimen of which             Protocol and with carrying out any other task in the
appears in Annex VII to this Protocol. Alternatively, the         customs field which may be entrusted to it.
customs authorities to which a supplier's declaration is
submitted may request the exporter to produce an infor­
mation certificate issued by the customs authorities of           2. The Committee shall examine regularly the effect
the State where the declaration was made .                        on the ACP States and in particular on the least­
                                                                  developed ACP States of application of the rules of
A copy of the information certificate shall be preserved          origin and shall recommend to the Council of Ministers
by the office which has issued it for at least two years.         appropriate measures.
3.     The    requesting   customs     authorities  shall  be     3. The Committee shall take decisions on derogations
informed of the results of the verification as soon as
                                                                  from this Protocol, under the conditions laid down in
possible. The results must be such as to indicate posi­           Article 31 .
tively whether the declaration concerning the status of
the materials is correct.
                                                                  4 The Committee shall meet regularly, in particular to
4 . For the purpose of verification, suppliers shall keep         prepare the decisions of the Council of Ministers
for not less than two years a copy of the document                pursuant to Article 34.
containing the declaration together with all necessary
evidence showing the true status of the materials .                5 . The Committee shall be composed on the one hand
                                                                  of experts from the Member States and of Commission
5.     The customs authorities in the State where the             officials responsible for customs questions, and on the
supplier's declaration is established shall have the right to     other hand of experts representing the ACP States and
call for any evidence or to carry out any check which             of officials of regional groupings of the ACP States who
they consider appropriate in order to verify the                  are responsible for customs questions . The Committee
correctness of any supplier's declaration.                        may call upon appropriate expertise where necessary.
6 . Any movement certificate EUR. 1 or form EUR. 2
issued or made out on the basis of an incorrect supplier's                                 Article 31
declaration shall be considered null and void .
                                                                                          Derogations
7 . The procedure laid down in Article 26 (7) shall                1 . Derogations from this Protocol may be adopted by
apply in case of any disputes concerning suppliers'               the Committee where the development of existing
declarations or information certificates.                         industries or the creation of new industries justifies them .
 ---pagebreak--- No L 84/ 16                          Official Journal of the European Communities                                 30 . 3 . 90
The ACP State or States concerned shall, either before              programme would enable these rules to be satisfied
or when the ACP States submit the matter to the                     by stages.
Committee, notify the Community of its request for a
derogation together with the reasons for the request in
accordance with paragraph 2.                                   4.     In every case an examination shall be made to
                                                               ascertain whether the rules relating to cumulation of
The Community shall respond positively to all the ACP          origin do not provide a solution to the problem.
requests which are duly justified in conformity with this
Article and which cannot cause serious injury to an            5 . In addition when a request for derogation concerns
established Community industry.                                a least-developed or an island AGP State, its examination
                                                               shall be carried out with a favourable bias having
2 . In order to facilitate the examination by the              particular regard to :
Committee of requests for derogation, the ACP State
making the request shall, by means of the form given in        (a) the economic and social impact of the decision to be
Annex IX to this Protocol, furnish in support of its                taken especially in respect of employment;
request the fullest possible information covering in
particular the points listed below :
                                                               (b) the need to apply the derogation for a period taking
— description of the finished product,                              into account the particular situation of the ACP
                                                                    State concerned and its difficulties .
— nature and quantity of materials originating in a third
    country,                                                   6 . In the examination of requests, special account shall
                                                               be taken, case by case, of the possibility of conferring
— nature and quantity of materials originating in ACP          originating status on products which include in their
    States, the Community or the OCT, or which have            composition materials originating in neighbouring
    been processed there,                                      developing countries, least-developed countries or
                                                               developing countries with which one or more ACP States
— manufacturing processes,                                     have special relations, provided that satisfactory adminis­
                                                               trative cooperation can be established.
— value added,
— number of employees in the enterprise concerned,             7. Without prejudice to paragraphs 1 to 6, the dero­
                                                               gation shall be granted where the value added to the
— anticipated volume of exports to the Community,              non-originating products used in the ACP State or States
                                                               concerned is at least 45 % of the value of the finished
— other possible sources of supply for raw materials,          product, provided that the derogation is not such as to
                                                               cause serious injury to an economic sector of the
— reasons for the duration requested in the light of           Community or of one or more Member States.
    efforts made to find new sources of supply,
— other observations.
                                                               8 . Derogations shall be automatically granted to
                                                               requests concerning canned tuna, within an annual quota
                                                               of 1 500 tonnes in the period from the coming into force
The same rules shall apply to any requests for extension.      of the Convention to 31 December 1992, and of 2 500
                                                               tonnes per year from 1 January 1993.
The Committee may modify the form.
                                                               Applications for such derogations shall be submitted by
3.    The examination of requests shall in particular take     the ACP States in accordance with the abovementioned
into account :
                                                               quota to the Committee, which shall put them into force
                                                               by means of a decision. Above this quota the procedure
(a) the level of development or the geographical               set out in paragraphs 1 to 7 applies .
    situation of the ACP State or States concerned ;
(b) cases where the application of the existing rules of       9 . The Committee shall take steps necessary to ensure
    origin would significantly affect the ability of an        that a decision is reached as quickly as possible, and in
    existing industry in an ACP State to continue its           any case not later than 60 working days after the request
    exports to the Community, with particular reference        is received by the EEC co-chairman of the Committee. If
    to cases where this could lead to cessation of its acti­   the Community does not inform the ACP States of its
    vities ;                                                   position on the request within this period, the request
                                                               shall be deemed to have been accepted . In the event of a
(c) specific cases where it can be clearly demonstrated        decision not being taken by the Committee, the
    that significant investment in an industry could be        Committee of Ambassadors shall be called upon to
    deterred by the rules of origin and where a dero­          decide within one month of the date on which the matter
    gation favouring the realization of the investment         is referred to it.
 ---pagebreak--- 30 . 3 . 90      •                     Official Journal of the European Communities                            No L 84/ 17
10 . (a) The derogation shall be valid for a period,             5. For the purpose of implementing paragraphs 3 and
          generally of five years, to be determined by the       4, the insufficient operations listed in Article 3 (3) (a),
          Committee.                                             (b), (c) and (d) shall not be considered as working or
                                                                 processing.
     (b) The derogation decision may provide for
          renewals   without    a   new   decision  of   the
                                                                 6. The Canary Islands, Ceuta and Melilla shall be
          Committee being necessary, provided that the           considered as a single territory.
          ACP State or States concerned submit, three
          months before the end of each period, proof that
                                                                                           TITLE V
          they are still unable to meet the conditions of
          this Protocol which have been derogated from.                              FINAL PROVISIONS
          If any objection is made to the extension, the                                   Article 33
          Committee shall examine it as soon as possible
          and decide whether to prolong the derogation.                               Petroleum products
          The Committee shall proceed as provided for in
          paragraph 9. All necessary measures shall be           The products set out in Annex VIII shall be temporarily
          taken to avoid interruptions in the application of     excluded from the scope of this Protocol . Nevertheless,
          the derogation.                                        the arrangements regarding administrative cooperation
                                                                 shall apply, mutatis mutandis, to these products.
     (c) In the periods referred to in subparagraphs (a)
          and (b), the Committee may review the terms for                                  Article 34
          implementing the derogation should a significant
          change be found to have taken place in the                             Revision of rules of origin
          substantive factors governing the decision to
                                                                 In accordance with Article 176 of the Convention, the
          grant the derogation. On conclusion of its
          review the Committee may decide to amend the            Council of Ministers shall examine annually, or
          terms of its decision as regards the scope of the      whenever the ACP States or the Community so request,
          derogation or any other condition previously           the application of the provisions of this Protocol and
          laid down.                                             their economic effects with a view to making any
                                                                 necessary amendments or adaptations.
                          TITLE IV                               The Council of Ministers shall take into account among
         CANARY ISLANDS, CEUTA AND MELILLA                       other elements the effects on the rules of origin of tech­
                                                                  nological developments.
                          Article 32
                                                                 The decisions taken shall be implemented as soon as
                      Special conditions                         possible.
1 . The term 'Community' used in this Protocol shall
                                                                                           Article 35
not cover the Canary Islands, Ceuta and Melilla. The
term 'products originating in the Community' shall not                             Requests for derogations
cover products originating in the Canary Islands, Ceuta
and Melilla.                                                     The Contracting Parties undertake to examine in an
                                                                  appropriate institutional framework, from the date of the
2 . The provisions of this Protocol shall apply mutatis           signature of the Convention, any applications for dero­
mutandis in determining whether products may be                   gations from this Protocol, with a view to allowing them
deemed as originating in the ACP States when imported             to enter into force at the same date as the Convention .
into the Canary Islands, Ceuta and Melilla.
                                                                                           Article 36
3.      "Where products wholly obtained in the Canary
Islands , Ceuta, Melilla, the OCT or the Community                                          Annexes
undergo working and processing in the ACP States, they            The Annexes to this Protocol shall form an integral part
shall be considered as having been wholly obtained in the         thereof.
ACP States .
4. Working or processing carried out in the Canary                                         Article 37
Islands , Ceuta, Melilla, the OCT or the Community                             Implementation of the Protocol
shall be considered as having been carried out in the
ACP States, when materials undergo further working or             The Community and the ACP States shall each take the
processing in the ACP States.                                     steps necessary to implement this Protocol .
 ---pagebreak--- No L 84/ 18                                 Official Journal of the European Communities                                       30. 3. 90
                                                                  ANNEX I
                                                                    NOTES
            Foreword
            These notes shall apply where appropriate to all products manufactured using non-originating materials
            even if they are not subject to specific conditions contained in the list in Annex II but are subject instead to
            the change of heading rule set out in Article 3 (1 ).
            Note 1 :
            1.1 . 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 column 3. Where, in some cases, the entry in the first column is preceded
                  by an 'ex', this signifies that the rule in column 3 applies only to the part of that heading or chapter as
                  described in column 2 .
            1.2. 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 rule in
                  column 3 applies 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 .
            1.3. 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 rule in column 3 .
            Note 2 :
            2.1 . The term 'manufacture* covers any kind of working or processing including 'assembly' or specific
                  operations. However, see Note 3.5 below.
            2.2. The term 'material' covers any 'ingredient', 'raw material', 'component' or 'part', etc., used in the
                  manufacture of the product.
            2.3. The term 'product' refers to the product being manufactured, even if it is intended for later use in
                  another manufacturing operation.
            2.4. The term 'goods' covers both 'materials' and 'products'.
            Note 3 :
            3.1 . In the case of any heading not in the list or any part of a heading that is not in the list, the 'change of
                  heading' rule set out in Article 3 ( 1 ) applies. If a 'change of heading' condition applies to any entry in
                  the list, then it is contained in the rule in column 3 .
            3.2. The working or processing required by a rule in column 3 has to be carried out only in relation to the
                  non-originating materials used. The restrictions contained in a rule in column 3 likewise apply only to
                  the non-originating materials used.
            3.3. 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.
 ---pagebreak--- 30 . 3 . 90                                 Official Journal of the European Communities                                      No L 84/ 19
            3.4. If a product made from non-originating materials which has acquired originating status during manu­
                   facture by virtue of the change of heading rule or its own list rule is used as a material in the process
                   of manufacture of another product, then the rule applicable to the product in which it is incorporated
                   does not apply to it.
                   For example (l), 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 % of the ex-works price, is
                   made from 'other alloy steel roughly shaped by forging' of heading No 7224.
                   If this forging has been forged in the country concerned from a non-originating ingot then the forging
                   has already acquired origin by virtue of the rule for heading No ex 7224 in the list. It can then count
                   as originating in the value calculation for the engine regardless of whether it was produced in the
                   same factory or another. The value of the non-originating ingot is thus not taken into account when
                   adding up the value of the non-originating materials used.
            3.5. Even if the change of heading rule or the other rules contained in the list are satisfied, a product shall
                   not acquire originating status if the processing carried out, taken as a whole, is insufficient within the
                   meaning of Article 3 (3).
            3.6. The unit of qualification for the application of the origin rules shall be the particular product which is
                   considered as the basic unit when determining classification using the nomenclature of the harmonized
                   system. In the case of sets of products which are classified by virtue of rule 3 of the general rules for
                   the interpretation of the harmonized system, the unit of qualification shall be determined in respect of
                   each item in the set in the case of headings Nos 6308 , 8206 and 9605.
                   Accordingly, it follows that :
                   — when a product composed of a group or assembly of articles is classified under the terms of the
                        harmonized system in a single heading, the whole constitutes the unit of qualification.
                   — when a consignment consists of a number of identical products classified under the same heading
                        of the harmonized system, each product must be taken individually when applying the origin rules,
                   — where, under general rule 5 of the harmonized system, packing is included with the product for
                        classification purposes, it shall be included for the purposes of determining origin.
            Note 4 :
            4.1 . 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 origin. Thus if a rule says 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 of such material at a later stage is not.
            4.2 . 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.
                    For example ('), the rule for fabrics says 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 ; one can use
                   one or the other or both.
                    If, however, a restriction applies to one material and other restrictions apply to other materials in the
                    same rule, then the restrictions only apply to the materials actually used.
            (') This example is given for the purpose of explanation only. It is not legally binding.
 ---pagebreak--- No L 84 /20                                 Official Journal of the European Communities                                         30 . 3 . 90
                  For example (l), the rule for sewing machines specifies that both the thread tension mechanism used
                  and the zigzag mechanism used must originate ; these two restrictions only apply if the mechanisms
                  concerned are actually incorporated into the sewing machine.
            4.3. When 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.
                  For example ('), the rule for heading No 1904 which specifically excludes the use of cereals or their
                  derivatives does not prevent the use of mineral salts, chemicals and other additives which are not
                  produced from cereals.
                  For example ^), in the case of an article 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.
                  See also Note 7.3 in relation to textiles.
            4.4. If in a rule in the list two or more percentages are given for the maximum value of non-originating
                  materials that can be used, then these percentages may not be added together. 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.
                  This note also applies to the value tolerance provided for in Article 5.
            Note 5 :
            5.1 . The term 'natural fibres' is used in the list to refer to fibres other than artificial or synthetic fibres and
                  is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified,
                  the term 'natural fibres' includes fibres that have been carded, combed or otherwise processed but not
                  spun.
            5.2. 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.
            5.3 . 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.
            5.4. 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 6 :
            6.1 . In the case of the products classified in those headings in the list to which a reference is made to this
                  Note, the conditions set out in column 3 of the list shall not be applied to any basic textile materials
                  used in their manufacture which, taken together, represent 10 % or less of the total weight of all the
                  basic textile materials used (but see also Notes 6.3 and 6.4 below).
            (') This example is given for the purpose of explanation only. It is not legally binding.
 ---pagebreak--- 30 . 3 . 90                                Official Journal of the European Communities                                    No L 84/21
            6.2. However, this tolerance 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,
                 —   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,
                 — synthetic man-made staple fibres,
                 — artificial man-made staple fibres.
                 For 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 the use of non-originating chemical materials)
                 may be used up to a weight of 10 % of the yarn.
                 For 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, non-originating
                 synthetic yarn that does not satisfy the origin rules .(which require the use of non-originating
                 man-made staple fibres not carded or combed or otherwise prepared for spinning), or non-originating
                 woollen yarn that does not satisfy the origin rules (which require the use of non-originating natural
                 fibres), or a combination of the two may be used up to a weight of 10 °/o of the fabric.
                 For 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.
                 For 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.
                 For example ('), a carpet with tufts made both from artificial yarns and tufts made from cotton yarns
                 and with a jute backing is a mixed product because three basic textile materials are used. Thus, any
                 non-originating materials that are at a later stage of manufacture than the rule allows may be used,
                 provided their total weight taken together does not exceed 10 % of the weight of the carpet. Thus,
                 both the jute backing and/or the artificial yarns could be imported at that stage of manufacture,
                 provided the weight conditions are met.
            6.3. In the case of fabrics incorporating 'yarn made of polyurethane segmented with flexible segments of
                 polyether whether or not gimped' this tolerance is 20 % in respect of this yarn.
            6.4. In the case of fabrics 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 films of plastic film, this tolerance is 30 % in respect of this strip.
            (') This example is given for the purpose of explanation only. It is not legally binding.
 ---pagebreak--- No L 84/22                                 Official Journal of the European Communities                                         30, 3. 90
           Note 7 :
           7.1 . 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 for 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.
           7.2. 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 4.3.
           7.3. In accordance with Note 4.3, any non-originating non-textile trimmings and accessories or other
                 product, which do not contain any textiles, may, anyway, he 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 .
           7.4. 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.
           (') This example is given for the purpose of explanation only. It is not legally binding.
 ---pagebreak--- 30 . 3 . 90                              Official Journal of the European Communites                                        No L 84 / 23
                                                              ANNEX II
               LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIG­
               INATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN OBTAIN
                                                       ORIGINATING STATUS
 HS heading No                       Description of product                   Working or processing carried out on non-originating
                                                                                     materials that confers originating status
          (1)                                  (2)                                                      (3)
        0201        Meat of bovine animals, fresh or chilled                Manufacture from materials of any heading except
                                                                            meat of bovine animals, frozen of heading No 0202
        0202        Meat of bovine animals, frozen                          Manufacture from materials of any heading except
                                                                            meat of bovine animals, fresh or chilled of heading No
                                                                            0201
         0206       Edible offal of bovine animals, swine, sheep, goats,    Manufacture from materials of any heading except
                    horses, asses, mules or hinnies, fresh, chilled or      carcases of heading Nos 0201 to 0205
                    frozen
                                                                            *
         0210       Meat and edible meat offal, salted, in brine, dried     Manufacture from materials of any heading except
                    Or smoked ; edible flours and meals of meat or meat     meat and offal of heading Nos 0201 to 0206 and 0208
                    offal                                                   or poultry liver of heading No 0207
      0302 to        Fish, other than live fish                             Manufacture in which all the materials of Chapter 3
      0305                                                                  used must already be originating
      0402 ,         Dairy products                                         Manufacture from materials of any heading except
      0404 to                                                               milk or cream of heading No 0401 or 0402
      0406
      0403           Buttermilk, curdled milk and cream, yogurt, kephir     Manufacture in which :
                     and other fermented or acidified milk and cream,
                    whether or not concentrated or containing added         — all the materials of Chapter 4 used must already be
                     sugar or other sweetening matter or flavoured or           originating,
                     containing added fruit or cocoa
                                                                            — any fruit juice (except those of pineapple, lime or
                                                                                grapefruit) of heading No 2009 used must be orig­
                                                                                inating, and
                                                                            — the value of any materials of Chapter 17 used does
                                                                                not exceed 30 % of the ex-works price of the
                                                                                product
          0408       Birds' eggs, not in shell and egg yolks, fresh, dried, Manufacture from materials of any heading except
                     cooked, by steaming or by boiling in weter,            birds' eggs of heading No 0407
                     moulded, frozen or otherwise preserved, whether or
                     not containing added sugar or other sweetening
                     matter
 ---pagebreak--- No L 84 / 24                       Official Journal of the European Communities                                    30 . 3 . 90
        (1)                             (2)                                                  (3)
ex 0502       Prepared pigs', hogs' or boars' bristles and hair      Cleaning, disinfecting, sorting and straightening of
                                                                     bristles and hair
ex 0506       Bones and horn-cores unworked                          Manufacture in which all the materials of Chapter 2
                                                                     used must already be originating
   0710 to    Edible vegetables, frozen or dried, provisionally      Manufacture in which all the vegetable materials used
   0713       preserved except for heading Nos ex 0710 and ex        must already be originating
              0711
ex 0710       Sweet corn (uncooked or cooked by steaming or          Manufacture from fresh or chilled sweet corn
              boiling in water), frozen
ex 0711       Sweet corn, provisionally preserved                    Manufacture from fresh or chilled sweet corn
   0811       Fruit and nuts, uncooked or cooked by steaming or
              boiling in water, frozen, whether or not containing
              addecf sugar or other sweetening matter:
              — Containing added sugar                               Manufacture in which the value of any materials of
                                                                     Chapter 17 used does not exceed 30 % of the value of
                                                                     the ex-works price of the product
              — Other                                                Manufacture in which all the fruit or nuts used must
                                                                     already be originating
   0812       Fruit and nuts provisionally preserved (for example,   Manufacture in which all the fruit or nuts used must
              by sulphur dioxide f»as, in brine, in sulphur water    already be originating
              or in other preservative solutions), but unsuitable in
              that state for immediate consumption
   0813       Fruit, dried, other than that of heading Nos 0801      Manufacture in which all the fruit or nuts used must
              to 0806 ; mixtures of nuts or dried fruits of this     already be originating
              chapter
   0814       Peel of citrus fruit or melons (including water­       Manufacture in which all the fruit or nuts used must
              melons), fresh, frozen, dried or provisionally         already be originating
              preserved in brine, in sulphur water or in other
              preservative solutions
ex Chapter 11 Products of the milling industry; malt, starches ;     Manufacture in which all the cereals, edible vegetables,
              inulin ; whest gluten, except for heading No ex        roots and tubers of heading No 0714 or fruit used
              1106                                                   must already be originating
ex 1106       Flour and meal of the dried, shelled leguminous        Drying and milling of leguminous vegetables of
              vegetables of heading No 0713                          heading No 0708
   1301       Lac ; natural gums, resins, gum-resins and balsams     Manufacture in which the value of any materials of
                                                                     heading No 1301 used may not exceed 50 °/o of the ex­
                                                                     works price of the product
 ---pagebreak--- 30. 3. 90                         Official Journal of the European Communities                              No L 84/25
       (1)                             (2)                                                 (3)
   1501    Lard ; other pig fat and poultry fat, rendered,
           whether or not pressed or solvent-extracted :
           — Fats from bones or waste                              Manufacture from materials of any heading except
                                                                   those of heading Nos 0203, 0206 or 0207 or bones of
                                                                   heading No 0506
           — Other                                                 Manufacture from meat or edible offal of swine of
                                                                   heading Nos 0203 or 0206 or of meat and edible offal
                                                                   of poultry of heading No 0207
   1502    Fats of bovine animals, sheep or goats, raw or
           rendered, whether or not pressed or solvent
           extracted :
           — Fats from bones or waste                              Manufacture from materials of any heading except
                                                                   those of heading Nos 0201 , 0202, 0204 or 0206 or
                                                                   bones of heading No 0506
           — Other                                                 Manufacture in which all the animal materials of
                                                                   Chapter 2 used must already be originating
   1504    Fats and oils and their fractions, of fish or marine
           mammals, whether or not refined, but not
           chemically modified :
           — Solid fractions of fish oils and fats and oils of     Manufacture from materials of any heading including
               marine mammals                                      other materials of heading No 1504
           — Other                                                 Manufacture in which all the animal materials of
                                                                   Chapters 2 and 3 used must already be originating
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 animal materials of
                                                                   Chapter 2 used must already be originating
ex 1507 to Fixed vegetable oils and their fractions, whether or
   1515    not refined, but not chemically modified :
           — Solid fractions, except for that of Jojoba oil        Manufacture from other materials of heading Nos
                                                                   1507 to 1515
           — Other, except for:                                    Manufacture in which all the vegetable materials used
                                                                   must already be originating
               — Tung oil ; myrtle wax and Japan wax
               — Those for technical or industrial uses other
                   than the manufacture of foodstuffs for
                   human Consumption
ex 1516    Animal or vegetable fats and oils and their             Manufacture in which all the animal and vegetable
           fractions , re-esterified, whether or not refined but   materials used must already be originating
           not further prepared
 ---pagebreak--- No L 84/26                       Official Journal of the European Communities                                  30 . 3. 90
       (1)                            (2)                                                  (3)
ex 1517      Edible liquid mixtures of vegetable oils of heading  Manufacture in which all the vegetable materials used
             Nos 1507 to 1515                                     must already be originating
ex 1519      Industrial fatty alcohols having the character of    Manufacture from materials of any heading including
             artificial waxes                                     fatty acids of heading No 1519
   1601      Sausages and similar products, of meat, meat offal   Manufacture from animals of Chapter 1
             or blood ; food preparations based on these
             products
   1602      Other prepared or preserved meat, meat offal or      Manufacture from animals of Chapter 1
             blood
   1603      Extracts and juices of meat, fish or crustaceans,    Manufacture from animals of Chapter 1 . However, all
             molluscs or other aquatic invertebrates              fish, crustaceans, molluscs or other aquatic inverte­
                                                                  brates used must already be originating
   1604      Prepared or preserved fish; caviar and caviar        Manufacture in which all the fish or fish eggs used
             substitutes prepared from fish eggs                  must already be originating
   1605      Crustaceans, molluscs and other aquatic inverte­     Manufacture in which all the crustaceans, molluscs or
             brates, prepared or preserved                        other aquatic invertebrates used must already be orig­
                                                                  inating
ex 1701      Cane or beet sugar and chemically pure sucrose, in   Manufacture in which the value of any materials of
             solid form, flavoured or coloured                    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 added flavouring or
             colouring matter; artificial honey, whether or not
             mixed with natural honey; taramel :
             — Chemically pure maltose and fructose               Manufacture from materials of any heading including
                                                                  other materials of heading No 1702
             — Other sugars in solid form, flavoured or           Manufacture in which the value of any materials of
                  coloured                                        Chapter 1 7 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   Manufacture in which the value of any materials of
             of sugar, flavoured or coloured                      Chapter 17 used does not exceed 30 % of the ex works
                                                                  price of the product
   1704      Sugar confectionery (including white chocolate),     Manufacture in which all the materials used are
             not containing cocos                                 classified in a heading other than that of the product,
                                                                  provided the value of any other materials of Chapter
                                                                  17 used does not exceed 30 % of the ex works price of
                                                                  the product
   1806      Chocolate and other food preparations containing     Manufacture in which all the materials used are
             cocoa                                                classified in a heading other than that of the product,
                                                                  provided the value of any materials of Chapter 17 used
                                                                  does not exceed 30 % of the ex works price of the
                                                                  product
 ---pagebreak--- 3G . 3 . 90                       Official Journal of the European Communities                                 No L 84 /27
         (1)                           (2)                                                    (3)
    1901     Malt extract; food preparations of flour, meal,
             starch or malt extract, not containing cocoa powder
             or containing cocoa powder in a proportion by
             weight of less than 50 %, not elsewhere specified
             or included ; food preparations of goods of heading
             Nos 0401 to 0404, not containing cocoa powder or
             containing cocoa powder in a proportion by weight
             of less than 10 %, not elsewhere specified or
             included :
             — Malt extract                                          Manufacture from cereals of Chapter 10
             — Other                                                 Manufacture in which all the materials used are
                                                                     classified in a heading other than that of the product,
                                                                     provided the value of any materials of Chapter 17 used
                                                                     does not exceed 30 % of the ex works price of the
                                                                     product
    1902     Pasta, whether or not cooked or stuffed (with meat      Manufacture in which all the cereals (except durum
             or other substances) or otherwise prepared, such as     wheat), meat, meat offal, fish, crustaceans or molluscs
             spaghetti, macaroni, noodles, lasagne, gnocchi,         used must already be originating
             ravioli, cannelloni ; couscous, whether or not
             prepared
    1903     Tapioca and substitutes therefor prepared from          Manufacture from materials of any heading except
             starch, in the form of flakes, grains, pearls, sittings potato starch of heading No 1108
             or in similar forms
    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, pre-cooked or otherwise prepared :
             — Not containing cocoa                                  Manufacture in which :
                                                                     — all the cereals and flour (except maize of the
                                                                         species Zea indurata and durum wheat and their
                                                                         derivatives) used must be wholly obtained, and
                                                                     — the value of any materials of Chapter 17 used does
                                                                         not exceed 30 % of the ex works price of the
                                                                         product
             — Containing cocoa                                      Manufacture from materials not classified in heading
                                                                     No 1806, provided 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'        Manufacture from materials of any heading, except
             wares, whether or not containing cocoa;                 those of Chapter 11
             communion wafers, empty cachets of a kind
             suitable for pharmaceutical use, sealing wafers, rice
             paper and similar products
    2001     Vegetables, fruit nuts and other edible parts of        Manufacture in which all the fruit, nuts or vegetables
             plants, prepared or preserved by vinegar or acetic      used must already be originating
             acid
    2002     Tomatoes prepared or preserved otherwise than by        Manufacture in which all the tomatoes used must
             vinegar or acetic acid                                  already be originating
    2003     Mushrooms and truffles, prepared or preserved           Manufacture in which all the mushrooms or truffles
             otherwise than by vinegar or acetic acid                used must already be originating
    2004 and Other vegetables prepared or preserved otherwise        Manufacture in which all the vegetables used must
    2005     than by vinegar or acetic acid, frozen or not frozen    already be originating
 ---pagebreak--- No L 84 /28                      Official Journal of the European Communities                                   30 . 3 . 90
       (1)                           (2)                                                   (3)
   2006     Fruit, nuts, fruit-peel and other parts of plants,    Manufacture in which the value of any materials of
            preserved by sugar (drained, glacfe or ciystallized)  Chapter 17 used does not exceed 30 °/o of the ex works
                                                                  price of the product
   2007     Jams, fruit jellies, marmalades, fruit or nut purde   Manufacture in which the value of any materials of
            and fruit or nut pastes, being cooked preparations,   Chapter 17 used must not exceed 30 % of the ex
            whether or not containing added sugar or other        works price of the product
            sweetening matter
   2008     Fruit, nuts and other edible parts of plants
            otherwise prepared or preserved, whether or not
            containing added sugar or other sweetening matter
            or spirit, not elsewhere specified or included :
            — Fruit and nuts cooked otherwise than by             Manufacture in which all the fruit and nuts used must
                steaming or boiling in water, not containing      already be originating
                added sugar, frozen
            — Nuts, not containing added sugar or spirits         Manufacture in which the value of the originating nuts
                                                                  and oil seeds of heading Nos 0801 , 0802 and 1202 to
                                                                  1207 used exceeds 60 % of the ex works price of the
                                                                  product
            — Other                                               Manufacture in which all the materials used are
                                                                  classified in a heading other than that of the product,
                                                                  provided the value of any materials of Chapter 17 used
                                                                  does not exceed 30 % of the ex works price of the'
                                                                  product
ex 2009     Fruit juices (including grape must), unfermented      Manufacture in which all the materials used are
            and not containing added spirit, whether or not       classified in a heading other than that of the product,
            containing added sugar or other sweetening matter     provided the value of any materials of Chapter 17 used
                                                                  does not exceed 30 % of the ex works price of the
                                                                  product
ex 2101     Roasted chicory and extracts, essences and concen­    Manufacture in which all the chicory used must
            trates thereof                                        already be originating
ex 2103     — Sauces and preparations therefor;            mixed  Manufacture in which all the materials used are
                condiments and mixed seasonings                   classified in a heading other than that of the product.
                                                                  However, mustard flour or meal or prepared mustard
                                                                  may be used
            — Prepared mustard                                    Manufacture from mustard flour or meal
ex 2104     — Soups and broths and preparations therefor          Manufacture from materials of any heading, except
                                                                  prepared or preserved vegetables of heading Nos 2002
                                                                  to 2005
            — Homogenized composite food preparations             The rule for the heading in which the product would
                                                                  be classified in bulk shall apply
ex 2106     Sugar syrups, flavoured or coloured                   Manufacture in which the value of any materials of
                                                                  Chapter 17 used must not exceed 30 % of the ex
                                                                  works price of the product
   2201     Waters, including natural or artificial mineral       Manufacture in which all the water used must already
            waters and aerated waters, not containing added       be originating
            sugar or other sweetening matter nor flavoured ; ice
            and snow
 ---pagebreak--- 30.-3- 90                        Official Journal of the European Communities                               No L 84 /29
       (1)                             (2)                                                  (3)
   2202     Waters, including mineral waters and aerated           Manufacture in which all the materials used are
            waters, containing added sugar or other sweetening     classified in a heading other than that of the product,
            matter or flavoured,        and   other non-alcohlic   provided the value of any materials of Chapter 17 used
            beverages, not including fruit or vegetable juices of  does not exceed 30 % of the ex works price of the
            heading No 2009                                        product and any fruit juice used (except for pineapple,
                                                                   lime and grapefruit juices) must already be originating
ex 2204     Wine of fresh grapes, including fortified wines, and   Manufacture from other grape must
            grape must witn the addition of alcohol
   2205     The following, containing grape materials :            Manufacture from materials of any heading, except
                                                                   grapes or any material derived from grapes
ex 2207,    Vermouth and other wine of fresh grapes flavoured
ex 2208 and with plants or aromatic substances ; ethyl alcohol
ex 2209     and other spirits, denatured or not; spirits, liqueurs
            and other spirituous beverages ; compound alcoholic
            preparations of a kind used for the manufacture of
            beverages ; vinegar
ex 2208     Whiskies of an alcoholic strength by volume of less    Manufacture in which the value of any cereal based
            than 50 % vol.                                         spirits used does not exceed 15 % of the ex works
                                                                   price of the product
ex 2303     Residues from the manufacture of starch from           Manufacture in which all the maize used must already
            maize (excluding concentrated steeping liquors), of    be originating
            a protein content, calculated on the dry product,
            exceeding 40 % by weight
ex 2306     Oil cake and other solid residues resulting from the   Manufacture in which all the olives used must already
            extraction of olive oil, containing more than 3 % of   be originating
            olive oil
   2309     Preparations of a kind used in animal feeding          Manufacture in which all the cereals, sugar or
                                                                   molasses, must or milk used must already be orig­
                                                                   inating
   2402     Cigars, cheroots, cigarillos and cigarettes, of        Manufacture in which at least 70 °/o by weight of the
            tobacco or of tobacco substitutes                      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 2504     Natural crystalline graphite, with enriched carbon     Enriching of the carbon content, purifying and
            content, purified ana ground                           grinding of crude crystalline graphite
ex 2515     Marble, merely cut by sawing or otherwise into         Cutting, by sawing or otherwise, of marble (even if
            blocks or slabs of a rectangular (including square)    already sawn) of a thickness exceeding 25 cm
            shape, of a thickness not exceeding 25 cm
ex 2516     Granite porphyry, basalt, sandstone and other          Cutting, by sawing or otherwise, of stones (even if
            monumental and building stones, merely cut by          already sawn) of a thickness exceeding 25 cm
            sawing or otherwise, into blocks or slabs of a
            rectangular (including square) shape, of a thickness
            not exceeding 25 cm
ex 2518     Calcined dolomite                                      Calcination of dolomite not calcined
 ---pagebreak--- No L 84/ 30                        Official Journal of the European Gommunities                                   30 . 3 . 90
       (1)                               (2)                                                  (3)
ex 2519       Crushed natural magnesium carbonate (magnesite),       Manufacture in which all the materials used are
              in hermetically sealed containers* and magnesium       classified in a heading other than that of the product.
              oxide, whether or ndt pure, other than fused           However, natural magnesium carbonate (magnesite)
              magnesia or dead-burned (sintered) magnesia            may be used
ex 2520       Plasters specially prepared for dentistry              Manufacture in which the value of all the materials
                                                                     used does not exceed 50 °/o of the ex works price of
                                                                     the product
ex 2524       Natural asbestos fibres                                Manufacture from asbestos concentrate
ex 2525       Mica powder                                            Grinding of mica or mica waste
ex 2530       Earth colours, calcined or powdered                    Calcination or grinding of earth colours
ex 2707       Oils in which the weight of the aromatic consti­       These are Annex VIII products
              tuents exceeds that of the non-aromatic consti­
              tuents, 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 °C (including mixtures of petroleum
              spirit and benzole), for use as power or heating
              fuels
   2709       Mineral oils and products of their distillation; bitu­ These are Annex VIII products
   to         minous substances ; mineral waxes
   2715
ex Chapter 28 Inorganic chemicals ; organic or inorganic             Manufacture in which all the materials used are
              compounds of precious metals, of rare earth metals,    classified within a heading other than that of the
              of radioactive elements or of isotopes ; except for    product. However, materials classified within the same
              heading Nos ex 2811 and ex 2833 for which the          heading may be used provided their value does not
              rules are set out below                                exceed 20 % of the ex works price of the product
ex 2811       Sulphur trioxide                                       Manufacture from sulphur dioxide
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 Chapter 29 Organic chemicals, except for heading Nos ex           Manufacture in which all the materials used are
              2901 , ex 2902, ex 2905, 2915, ex 2932, 2933 and       classified within a heading other than that of the
              2934, for which the position is set out below          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
ex 2901       Acyclic hydrocarbons for use as power or heating       These are Annex VIII products
              fuels
ex 2902       Cyclanes and cyclenes (other than azulenes),           These are Annex VIII products
              benzene, toluene, xylenes, for use as power or
              heating fuels
ex 2905       Metal alcoholates of alcohols of this heading and      Manufacture from materials of any heading, including
              of ethanol or glycerol                                 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 product
   2915       Saturated acyclic monocarboxylic acids and their       Manufacture from materials of any heading. However,
              anhydrides, halides, peroxides and peroxyacids ;       the value of all the materials of heading Nos 2915 and
              their halogenated, sulphonated, nitrated or            2916 used may not exceed 20 % of the ex works price
              nitrosated derivatives                                 of the product
ex 2932       — Internal ethers and their halogenated,               Manufacture from materials of any heading. However,
                  sulphonated, nitrated or nitrosated derivates      the value of all the materials of heading No 2909 used
                                                                     may not exceed 20 % of the ex works price of the
                                                                     product
 ---pagebreak--- 30 . 3 . 90                       Official Journal of the European Communities                                 No L 84 / 31
         (1)                            (2)                                                   (3)
ex 2932       — Cyclic acetals and internal hemiacetals and their    Manufacture from materials of any heading
    (cont'd)     halogenated, sulphonated, nitrated or nitrosated
                 derivates
    2933      Heterocyclic compounds with nitrogen hetero­           Manufacture from materials of any heading. However,
              atom(s) only; nucleic acids and their salts :          the value of all the materials of heading Nos 2932 and
                                                                     2933 used may not exceed 20 % of the ex works price
                                                                     of the product
    2934      Other heterocyclic compounds                           Manufactured from materials of any heading.
                                                                     However, the value of all the materials of heading Nos
                                                                     2832, 2933 and 2934 used may not exceed 20 % of the
                                                                     ex works price of the product
ex Chapter 30 Pharmaceutical products, except for heading Nos        Manufacture in which all the materials used are
              3002, 3003 and 3004, for which the rules are set       classified within a heading other than that of the
              out below                                              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 thera­
              peutic, prophylactic or diagnostic uses ; antisera and
              other blood fractions ; vaccines, toxins, cultures of
              micro-organisms (excluding yeasts) and similar
              products :
              — Products consisting of two or more constituents      Manufacture from materials of any heading, including
                 which have been mixed together for therapeutic      other materials of heading No 3002. The materials of
                 or prophylactic uses or unmixed products for        this description may also be used, provided their value
                 these uses, put up in measured doses or in forms    does not exceed 20 % of the ex works price of the
                 or packings for retail sale                         product
              — Other :
                 — Human blood                                       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
                 — Animal blood prepared for therapeutic or          Manufacture from materials of any heading, including
                      prophylactic uses                              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 antisera, haemo­       Manufacture from materials of any heading, including
                      globin and serum globulin                      other materials of heading No 3002 . The materials or
                                                                     this description may also be used, provided their value
                                                                     does not exceed 20 % of the ex works price of the
                                                                     product
                 — Haemoglobin, blood globulin and serum             Manufacture from materials of any heading, including
                      globulin                                       other materials of heading No 3002. The materials or
                                                                     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
 ---pagebreak--- No L 84/32                                      Official Journal of the European Communities                                                 30. 3 . 90
         ( 1)                                         (2)                                                              (3)
     3003                Medicaments (excluding goods of heading Nos                          Manufacture in which :
     and                 3002, 3005 or 3006)
     3004                                                                                    — 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, and
                                                                                             — the value of all the materials used does not exceed
                                                                                                  50 % of the ex works price of the product
ex Chapter 31            Fertilizers except for heading Nos ex 3103 and ex                    Manufacture in which all the materials used are
                         3105, for which the rules are set out below                          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
ex 3103                  Crushed and powdered calcined natural aluminium                      Crushing and powdering of calcined natural aluminium
                         calcium phosphates                                                   calcium phospnates
ex 3105                  Mineral or chemical fertilizers containing two or                    Manufacture in which :
                         three of the fertilizing elements nitrogen, phos­                   — all the materials used are classified within a heading
                         phorus and potassium ; other fertilizers ; goods of                      other than that of the product. However, materials
                         this chapter, in tablets or similar forms or in                          classified within the same heading may be used
                         packages of a gross weight not exceeding 10 kg,                          provided their value does not exceed 20 % of the
                         except for:                                                              ex works price of the product, and
                         — Sodium nitrate
                                                                                            — the value of all the materials used does not exceed
                         — Calcium cyanamide                                                      50 % of the ex works price of the product
                         — Potassium sulphate
                         — Magnesium potassium sulphate
ex Chapter 32            Tanning or dyeing extracts ; tannins and their deri­                Manufacture in which all the materials used are
                         vatives; dyes, pigments and other colouring matter;                 classified within a heading other than that of the
                         paints ana varnishes; putty and other mastics ; inks ;              product. However, materials classified within the same
                         except for heading Nos ex 3201 and 3205, for                        neading may be used provided their value does not
                         whicn the rules are set out below                                   exceed 20 % of the ex works price of the product
ex 3201                  Tannins and their salts, ethers, esters and other                    Manufacture from tanning extracts of vegetable origin
                         derivatives
    3205                 Colour lakes; preparations as specified in note 3 to                Manufacture from materials of any heading, except
                         this chapter based on colour lakes (')                              heading Nos 3202 and 3204 provided the value of any
                                                                                             materials classified in heading No 3205 does not
                                                                                             exceed 20 % of the ex works price of the product
ex Chapter 33            Essential oils and resinoids; perfumery, cosmetic or                Manufacture in which all the materials used are
                         toilet preparations ; except for heading No 3301 ,                  classified within a heading other than that of the
                         for which the rule is set out below                                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
    3301                 Essential oils (terpeneless or not),             including          Manufacture from materials of any heading, including
                         concretes and absolutes ; resinoids ; concentrates of               materials of a different 'group* (*) within this heading.
                         essential oils in fats, in fixed oils, in waxes or the              However, materials of the same group may be used,
                         like, obtained by enfleurage or maceration ; terpenic              provided their value does not exceed 20% of the ex
                         by-products of the deteraenation of essential oils;                works price of the product
                         aqueous distillates ana aqueous solutions of
                         essential oils
(') 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 manufacturing of
    colouring preparations, provided they are not classified within another heading in Chapter 32.
(2) A 'group' is regarded as any part of the heading separated from the rest by a semi-colon.
 ---pagebreak--- 30 . 3 . 90                         Official Journal of the European Communities                                No L 84/33
         ( 1)                           (2)                                                    (3)
ex Chapter 34  Soap, organic surface-active agents, washing prepa­     Manufacture in which all the materials used are
               rations, lubricating preparations, artificial waxes,    classified within a heading other than that of the
               prepared waxes, polishing or scouring preparations,     product. However, materials classified within the same
               candles and similar articles, modelling pastes,         heading may be used provided their value does not
               'dental waxes' and dental preparations with a basis     exceed 20 % of the ex works price of the product
               of plaster; except for heading Nos ex 3403 and
               3404, for which the position is set out below
ex 3403        Lubricating preparations containing petroleum oils      These are Annex VIII products
               or   oils   obtained  from    bituminous    minerals,
               provided they represent less than 70 % by weight
ex 3404        Artificial waxes and prepared waxes :                 I
               — With a basis of paraffin,       petroleum waxes,      These are Annex VIII products
                   waxes obtained from bituminous minerals, slack
                   wax or scale wax
               — Other                                                 Manufacture from materials of any heading, except :
                                                                       — hydrogenated oils having the character of waxes of
                                                                           heading No 1516
                                                                       — fatty acids not chemically defined or industrial fatty
                                                                           alcohols having the character of waxes of heading
                                                                           No 1519
                                                                       — 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 product
ex Chapter 35  Albuminoidal substances ; modified starches; glues ;    Manufacture in which all the materials used are
               enzymes ; except for heading Nos 3505 and ex 3507       classified within a heading other than that of the
               for which the rules are set out below                   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
    3505       Dextrins and other modified starches (for example,
               pregelatinized or esterified starches); glues based
               on starches, or on dextrins or other modified
               starches :
               — Starch ethers and esters                              Manufacture from materials of any heading, including
                                                                       other materials of heading No 3505
               — Other                                                 Manufacture from materials of any heading, except
                                                                       those of heading No 1108
ex 3507        Prepared enzymes not elsewhere specified or             Manufacture in which the value of all the materials
               included                                                used does not exceed 50 % of the ex works price of
                                                                       the product
    Chapter 36 Explosives ; pyrotechnic products ; matches ; pyro­     Manufacture in which all the materials used are
               phoric alloys; certain combustible preparations         classified within a heading other than that of the
                                                                       product. However, materials classified within the same
                                                                       heading mav be used provided their value does not
                                                                       exceed 20 % 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
               heading Nos 3701 , 3702 ana 3704 for which the          classified within a heading other than that of the
               rules are set out below                                 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
 ---pagebreak--- No L 84/ 34                          Official Journal of the European Communities                                      30 . 3 . 90
       (1)                                 (2)                                                     (3)
   3701       Photographic plates and film in the flat, sensitized,     Manufacture in which all the materials used are
              unexposed, of any material other than paper,              classified in a heading other than heading No 3702
              paperboard or textiles ; instant print film in the flat,
              sensitized, unexposed, whether or not in packs
   3702       Photographic film in rolls, sensitized, unexposed, of     Manufacture in which all the materials used are
              any material other than paper, paperboard or              classified within a heading other than heading No 3701
              textiles ; instant print film m rolls, sensitized,        or 3702
              unexposed
   3704       Photographic plates, film, paper, paperboard and          Manufacture in which all the materials used are
              textile's, exposed but not developed                      classified within a heading other than heading Nos
                                                                        3701 to 3704
ex Chapter 38 Miscellaneous chemical products ; except for              Manufacture in which all the materials used are
              heading Nos ex 3801 , ex 3803, ex 3805, ex 3806,          classified within a heading other than that of the
              ex 3807, 3808 to 3814 , 3818 to 3820, 3822 and            product. However, materials classified within the same
              3823 for which the rules are set out below :              heading may be used provided their value does not
                                                                        exceed 20 % of the ex works price of the product
ex 3801       — Colloidal graphite in suspension in oil and semi        Manufacture in which the value of all the materials
                  colloidal graphite ; carbonaceous pastes for elec­    used does not exceed 50 % of the ex works price of
                  trodes                                                the product
              — Graphite in paste form, being a mixture of more         Manufacture from materials of any heading. However,
                  than 30 °/o by weight of graphite with mineral        the value of the materials of heading No 3403 used
                  oils                                                  must not exceed 20 °/o of the ex works price of the
                                                                        product
ex 3803       Refined tall oil                                          Refining of crude tall oil
ex 3805       Spirits of sulphate turpentine, purified                  Purification by distillation or refining of raw spirits of
                                                                        sulphate turpentine
ex 3806       Ester gums                                                Manufacture from resin acids
ex 3807       Wood pitch (wood tar pitch)                               Distillation of wood tar
   3808       Miscellaneous chemical products :
   to
   3814
   3818       — Prepared         additives     for  lubricating    oil, These are Annex VIII products
   to             containing petroleum oils or oils obtained from
   3820            bituminous minerals, of heading No 381 1
   3822
   and
   3823       — The following of heading No 3823 :                      Manufacture in which all the materials used are
                                                                        classified within a heading other than that of the
                  — Prepared binders for foundry moulds or              product. However, materials classified within the same
                       cores based on natural resinous products         heading may be used provided their value does not
                  — ana Naphthenic   acids, their water insoluble salts exceed 20 % of the ex works price of the product
                            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
 ---pagebreak---   30. 3. 90                                        Official Journal of the European Communities                                           No L 84/35
           ( 1)                                          (2)                                                                 (3)
      3808                     —Ammoniacal gas liquors and spent oxide
      to                            produced in coal gas purification
      3814
      3818                     — Sulphonaphthenic              acids,    their    water
      to
                                    insoluble salts and their esters
      3820
      3822                     — Fusel oil and Dippel's oil
      and                      — Mixtures of salts having different anions
      3823
      (cont'd)                 — Copying pastes with a basis of 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                 Plastics in primary forms, waste, parings and scrap,                  Manufacture in which :
      to                   of plastic :                                                          — the value of all the materials used does not exceed
      3915
                           — Addition homopolymerization products                                    50 % of the ex works price of the product, and
                                                                                                 — the value of any materials of Chapter 39 used does
                                                                                                     not exceed 20 % of the ex works price of the
                                                                                                     product (')
                           — Other                                                               Manufacturing in which the value of the materials of
                                                                                                 Chapter 39 used does not exceed 20 °/o of the ex works
                                                                                                 price of the product (')
      3916                 Semi-manufactures of plastics :
      to
      3921                 — Flat products, further worked than only                             Manufacture in which the value of any materials of
                               surface-worked or cut into forms other than                       Chapter 39 used does not exceed 50 % of the ex works
                               rectangles; other products, further worked than                   price of the product
                               only surface-worked
                           — Other :
I
                               — Addition homopolymerization products                            Manufacture in which :
                                                                                                 — the value of all the materials used does not exceed
                                                                                                     50 % of the ex works price of the product, and
                                                                                                 — the value of any materials of Chapter 39 used does
                                                                                                     not exceed 20 % 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 (')
       3922                Articles of plastic                                                   Manufacture in which the value of all the materials
      to                                                                                         used does not exceed 50 % of the ex works price of
       3926                                                                                      the product
  ex 4001                  Laminated slabs of crepe rubber for shoes                             Lamination of sheets of natural rubber
       4005                Compounded rubber, unvulcanized, in primary                           Manufacture in which the value of all the materials
                           forms or in plates, sheets or strip                                   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                    Manufacture from materials of any heading, except
                           or cushion tyres, interchangeable tyre treads and                     those of heading Nos 4011 or 4012
                           tyre flaps of rubber
  ex 4017                  Articles of hard rubber                                               Manufacture from hard rubber
  (') In the case of products composed of materials classified within both heading Nos 3901 to 3906, on the one hand, and within heading Nos 3907 to
      3911 , on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.
 ---pagebreak--- No L 84/36                       Official Journal of the European Communities                                   30 . 3 . 90
        (1)                           (2)                                                  (3)
ex 4102     Raw skins of sheep or lambs, without wool on          Removal of wool from sheep or lamb skins, with wool
                                                                  on
   4104     Leather, without hair or wool other than leather of   Retanning of pre-tanned leather
   to       heading No 4108 or 4109                               or
   4107                                                           Manufacture in which all the materials used are
                                                                  classified in a heading other than that of the product
   4109     Patent leather and patent laminated leather;          Manufacture from leather of heading Nos 4104 to
            metallized leather                                    4107 provided its value does not exceed 50 % of the ex
                                                                  works price 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   Manufacture from non-assembled, tanned or dressed
            articles of furskin                                   furskins, of heading No 4302
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,    Planing, sanding or finger-jointing
            of a thickness exceeding 6 mm, planed, sanded or
            finger-jointed
ex 4408     Veneer sheets and sheets for plywood, of a            Splicing, planing, sanding or finger-jointing
            thickness not exceeding 6 mm, spliced, and other
            wood sawn lengthwise, sliced or peeled, of a
            thickness not exceeding 6 mm, planed, sanded or
            finger-jointed
ex 4409     — Wood (including strips and friezes for parquet      Sanding or finger-jointing
                flooring, not assembled) continuously shaped
                (tongued,     grooved,    rebated,    chamfered,
                V-jointed, beaded, moulded, rounded or the
                like) along any of its edges or faces, sanded or
                finger-jointed
            — Beadings and mouldings                              Beading or moulding
ex 4410     Beadings and mouldings, including           moulded   Beading or moulding
   to       skirting and other moulded boards
ex 4413
ex 4415     Packing cases, boxes, crates, drums and similar       Manufacture from boards not cut to size
            packings, of wood
ex 4416     Casks, barrels, vats, tubs and other coopers'         Manufacture from riven staves, not further worked
            products and parts thereof, of wood                   than sawn on the two principal surfaces
ex 4418     — Builders' joinery and carpentry of wood             Manufacture in which all the materials used are
                                                                  classified within a heading other than that of the
                                                                  product. However, cellular wood panels, shingles and
                                                                  shales may be used
            — Beadings and mouldings                              Beading or moulding
ex 4421     Match splints ; wooden pegs or pins for footwear      Manufacture from wood of any heading except drawn
                                                                  wood of heading No 4409
 ---pagebreak--- 30. 3. 90                                       Official Journal of the European Communities                                               No L 84/37
         (1)                                         (2)                                                                  (3)
    4503                 Articles of natural cork                                              Manufacture from cork of heading No 4501
ex 4811                  Paper and paperboard, ruled, lined or squared only                    Manufacture from paper-making materials of Chapter
                                                                                               47
    4816                 Carbon paper, self-copy paper and other copying                       Manufacture from paper-making materials of Chapter
                         or transfer papers (other than those of heading No                    47
                         4809), duplicator stencils and offset plates, of
                         paper, whether or not put up in boxes
    4817                 Envelopes, letter cards, plain postcards and corre­                   Manufacture in which :
                         spondence cards, of paper or paperboard ; boxes,                      — all the materials used are classified within a heading
                         pouches, wallets and writing compendiums, of
                         paper or paperboard, containing an assortment of                           other than that of the product, and
                         paper stationery                                                      — 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 materials of Chapter
                                                                                               47
ex 4819                  Cartons, boxes, cases, bags and other packing                         Manufacture in which :
                         containers, of paper, paperboard, cellulose wadding
                         or webs of cellulose fibres                                           — all the materials used are classified within a heading
                                                                                                    other than that of the product, and
                                                                                               — 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                        Manufacture from paper-making materials of Chapter
                         webs or cellulose fibres, cut to size or shape                        47
    4909                 Printed or illustrated postcards ; printed cards                      Manufacture       from  materials  not classified within
                         bearing personal greetings, messages or                               heading No 4909 or 4911
                         announcements, whether or not illustrated, with or
                         without envelopes or trimmings
    4910                 Calendars of any kind, printed, including calendar
                         blocks :
                         — Calenders of the 'perpetual' type or with                           Manufacture in which :
                              replaceable blocks mounted on bases other than
                              paper or paperboard                                              — all the materials used are classified within a heading
                                                                                                    other than that of the product, and
                                                                                               — the value of all the materials used does not exceed
                                                                                                    50 °/o of the ex works price of the product
                         — Other                                                               Manufacture       from  materials  not classified within
                                                                                               heading No 4909 or 4911
ex 5003                  Silk waste (including cocoons unsuitable for                          Carding or combing of silk waste
                         reeling, yarn waste and garnetted stock), carded or
                         combed
    5501                 Man-made staple fibres                                                Manufacture from chemical materials or textile pulp
    to
    5507
ex Chapter 50            Yarn, monofilament and thread                                         Manufacture from (l):
    to
                                                                                               — natural fibres not carded or combed or otherwise
    Chapter 55
                                                                                                    processed for spinning,
                                                                                               — chemical materials or textile pulp, or
                                                                                               — paper-making materials
(*) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
 ---pagebreak--- No L 84/38                                       Official Journal of the European Communities                                                 30. 3. 90
         (1)                                         (2)                                                                  (3)
ex Chapter 50            Woven fabrics :
    to
    Chapter 55           — Incorporating rubber thread                                          Manufacture from single yarn (')
    (cont'd)
                         — Other                                                                Manufacture from ('):
                                                                                               — coir yarn,
                                                                                               — natural fibres,
                                                                                               — man-made staple fibres not carded or combed or
                                                                                                   otherwise processed for spinning,
                                                                                               — chemical materials or textile pulp, or
                                                                                               — paper
                                                                                               or
                                                                                               Printing accompanied- by at least two preparatory or
                                                                                               finishing operations (such as scouring, bleaching,
                                                                                               mercerizing, heat setting, raising, calendering, shrink
                                                                                               resistance processing, permanent finishing, decatizing,
                                                                                               impregnating, mending and burling) where the value of
                                                                                               the unprinted fabric used does not exceed 47,5 °/o of
                                                                                               the ex works price of the product
ex Chapter 56            Wadding, felt and non-wovens ; special yarns, twine                   Manufacture from (') :
                         cordage, ropes and cables ana articles thereof                        — coir yarn,
                         except for heading Nos 5602, 5604, 5605 and 5606,
                         for which the rules are set out below                                 — 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 (*) :
                                                                                               — natural fibres,
                                                                                               — chemical materials or textile pulp
                                                                                               However :
                                                                                               — 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 that their value does not exceed 40 % of
                                                                                                   the ex works price of the product
                              — Other                                                          Manufacture from ('):
                                                                                               — 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 covered                             Manufacture from rubber thread or cord, not textile
                                                                                               covered
(') For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
 ---pagebreak--- 30. 3. 90                                       Official Journal of the European Communities                                              No L 84/39
         (1)                                         (2)                                                                  (3)
    5604                 — Other                                                               Manufacture from (') :
    (cont'd)                                                                                   — natural fibres not carded or combed or otherwise
                                                                                                  processed for spinning,
                                                                                               — chemical materials or textile pulp, or
                                                                                               — paper-making materials
                   !
    5605                 Metallized yarn, whether or not gimped, being                         Manufacture from (') :
                         textile yarn, or strip or the like of heading No 5404                 — natural fibres,
                         or 5405 , combined with metal in the form of
                         thread, strip or powder or covered with metal                         — man-made staple fibres not carded or combed or
                                                                                                   otherwise processed for spinning,
                                                                                               — chemical materials or textile pulp, or
                                                                                               — paper-making materials
    5606                 Gimped yarn, and strip and the like of heading No                     Manufacture from (') :
                         5404 or 5405, pimped (other then those of heading                     — natural fibres,
                         No 5605 and gimped horsehair yarn); chenille yarn
                         (including flock chenille yarn); loop wale-yarn                       — man-made staple fibres not carded or combed or
                                                                                                   otherwise processed for spinning,
                                                                                               — chemical materials or textile pulp, or
                                                                                               — paper-making materials
    Chapter 57           Carpets and other textile floor coverings :
                         — Of needleloom felt                                                  Manufacture from (!) :
                                                                                               — natural fibres, or
                                                                                               — chemical materials or textile pulp.
                                                                                               However :
                                                                                               — polypropylene filament of heading No 5402,
                                                                                               — polypropylene fibres of heading No 5503 or 5506,
                                                                                                   or
                                                                                               — polypropylene filament tow of heading No 5501 of
                                                                                                   whicn the denomination in all cases of a single
                                                                                                   filament or fibre is less than 9 decitex may be used
                                                                                                   provided that their value does not exceed 40 °/o of
                                                                                                   the ex works price of the product
                         — Of other felt                                                       Manufacture from (') :
                                                                                               — natural fibres not carded or combed or otherwise
                                                                                                   processed for spinning, or
                                                                                               — chemical materials or textile pulp
                         — Other                                                               Manufacture from (') :
                                                                                               — coir yarn,
                                                                                               — synthetic or artificial filament yarn,
                                                                                               — natural fibres, or
                                                                                               — man-made staple fibres not carded or combed or
                                                                                                   otherwise processed for spinning
(') For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
 ---pagebreak--- No L 84/40                                      Official Journal of the European Communities                                                 30 . 3 . 90
         ( 1)                                        (2)                                                                 (3)
ex Chapter 58            Special woven fabrics ; tufted textile fabrics ; lace ;
                         tapestries ; trimmings, embroidery, except for
                         heading Nos 5805 and 5810 ; the rule for heading
                         No 5810 is set out below :
                         — Combined with rubber thread                                          Manufacture from single yarn (')
                         — Other                                                                Manufacture from O):
                                                                                               — 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 a finishing operations
                                                                                                (such as scouring, bleaching, mercerizing, neat setting,
                                                                                               raising, calendering, shrink resistance processing,
                                                                                               permanent finishing, _ decatizing, 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
    5810                 Embroidery in the piece, in strips or in motifs                       Manufacture in which 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                         Manufacture from yarn
                         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 foundations
    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                          Manufacture from yarn
                              textile materials
                         — Other                                                               Manufacture from chemical materials or textile pulp
    5903                 Textile fabrics impregnated, coated, covered or                       Manufacture from yarn
                         laminated with plastics, other than those of heading
                         No 5902
    5904                 Linoleum, whether or not cut to shape ; floor                         Manufacture from yarn (')
                         coverings consisting of a coating or covering
                         applied on a textile Dacking, whether or not cut to
                         shape
    5905                 Textile wall coverings :
                         — Impregnated, coated, covered or laminated with                      Manufacture from yarn
                              rubber, plastics or other materials
(') For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
 ---pagebreak--- 30 . 3. 90                                     Official Journal of the European Communities                                          No L 84 /41
         (1)                                        (2)                                                              (3)
    5905                 — Other                                                            Manufacture from (') :
    (cont'd)                                                                               — coir yarn,
                                                                                           — 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 finishing operation
                                                                                            (such as scouring, bleaching, mercerizing, neat setting,
                                                                                            raising, calendering, shrink resistance processing,
                                                                                            permanent finishing, decatizing, impregnating,
                                                                                            mending and burling) where the value of the unprinted
                                                                                            fabric used does not exceed 47,5 °/o of the ex works
                                                                                            price of the product
    5906                 Rubberized textile fabrics, other than those of
                         heading No 5902 :
                         — Knitted or crocheted fabrics                                     Manufacture from ('):
                                                                                            — natural fibres,
                                                                                            — man-made staple fibres not carded or combed or
                                                                                                otherwise processed for spinning, or
                                                                                            — chemical materials or textile pulp
                         — Other fabrics made of synthetic filament yarn,                   Manufacture from chemical materials
                             containing more than 90 % by weight of textile
                             materials
                         — Other                                                            Manufacture from yarn
    5907                 Textile fabrics otherwise impregnated, coated or                   Manufacture from yarn
                         covered; painted canvas being theatrical scenery,
                         studio backcloths or the like
ex 5908                  Incandescent gas mantles, impregnated                              Manufacture from tubular knitted gas mantle fabric
    5909
    to
                         Textile articles of a kind suitable for industrial use :       l
    5911                 — Polishing discs or rings other than of felt of                   Manufacture from yarn or waste fabrics or rags of
                             heading No 5911                                                heading No 6310
                         — Other                                                            Manufacture from (l):
                                                                                            — 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 (') :
                                                                                            — natural fibres,
                                                                                            — man-made staple fibres not carded or combed or
                                                                                                otherwise processed for spinning, or
                                                                                            — chemical materials or textile pulp
(') For special conditions relating to products made or a mixture of textile materials, see Introductory Note 6.
 ---pagebreak--- No L 84/42                                      Official Journal of the European Communities                                               30. 3. 90
         (1)                                         (2)                                                                (3)
    Chapter 61           Articles  of apparel and clothing accessories, knitted
                         or crocheted :
                         — Obtained by sewing together or otherwise                            Manufacture from yarn (l)
                              assembling, two or more pieces of knitted or
                              crocheted fabric which have been either cut to
                              form or obtained directly to form
                         — Other                                                               Manufacture from (*):
                                                                                               — natural fibres,
                                                                                               — man-made staple fibres not carded or combed or
                                                                                                   otherwise processed for spinning, or
                                                                                               — chemical materials or textile pulp
ex Chapter 62            Articles of apparel and clothing accessories, not                     Manufacture from yarn (')
                         knitted or crocheted, except for heading Nos ex
                         6202, ex 6204, ex 6206, ex 6209, ex 6210, 6213 ,
                         6214, ex 6216 and ex 6217 for which the rules are
                         set out below
ex  6202                 Women's, girls' and babies' clothing and 'other                       Manufacture from yarn (')
ex  6204-                made-up clothing accessories', embroidered                            or
ex  6206
ex  6209                                                                                       Manufacture from unembroidered fabric provided the
    and                                                                                        value of the unembroidered fabric used does not
ex 6217                                                                                        exceed 40 % of the ex works price of the product (')
ex 6210                  Fire-resistant equipment of fabric covered with foil                  Manufacture from yarn (')
ex 6216                  of aluminized polyester                                               or
    and
ex 6217                                                                                        Manufacture from uncoated fabric provided the value
                                                                                               of the uncoated fabric used does not exceed 40 % of
                                                                                               the ex works price of the product (')
    6213                 Handkerchiefs, shawls, scarves, mufflers, mantillas,
    and                  veils and the like :
    6214
                         — Embroidered                                                         Manufacture from unbleached single yarn (') (J)
                                                                                               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 (')
                         — Other                                                               Manufacture from unbleached single yarn (l) (2)
    6301                 Blankets, travelling rugs, bed linen etc. ; curtains,
    to                   etc. ; other furnishing articles :
    6304
                         — Of felt, of non-wovens                                              Manufacture from (a) :
                                                                                               — natural fibres, or
                                                                                               — chemical materials or textile pulp
                         — Other :
                              — Embroidered                                                    Manufacture from unbleached single yarn (l)
                                                                                               or
                                                                                               Manufacture from unembroidered fabric (other than
                                                                                               knitted or crocheted) provided the value of the unem­
                                                                                               broidered fabric used does not exceed 40 % of the ex
                                                                                               works price of the product
                              — Other                                                          Manufacture from unbleached single yarn (2)
(') See Introductory Note 7 for the treatment of textile trimmings and accessories.
(2) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
 ---pagebreak---   30 . 3 . 90                                    Official Journal of the European Communities                                            No L 84/43
           (1)                                         (2)                                                              (3)
      6305                 Sacks and bags, of a kind used for the packing of                  Manufacture from (l) :
                           goods                                                              — natural fibres,
                                                                                              — man-made staple fibres not carded or combed or
                                                                                                  otherwise processed for spinning, or
                                                                                              — chemical materials or textile pulp
      6306                 Tarpaulins, sails for boats, sailboards or landcraft,
                           awnings, sunblinds, tents and camping goods :
                           — Of non-wovens                                                    Manufacture from (l):
                                                                                              — natural fibres, or
                                                                                              — chemical materials or textile pulp
I                          — Other                                                            Manufacture from unbleached single yarn
  ex 6307                  Other made-up articles, including dress patterns                   Manufacture in which the value of all the materials
                                                                                              used does not exceed 40 % of the ex works price of
                                                                                              the product (l)
      6308                 Sets consisting of woven fabric and yarn, whether                  Each item in the set must satisfy the rule which would
                           or not with accessories, for making up into rugs,                  apply to it if it were not included in the set. However,
                           tapestries, embroidered table cloths or serviettes or              non-originating articles may be incorporated provided
                           similar textile articles, put up in packings for retail            their total value does not exceed 15 % of the ex works
                           sale                                                               price of the set
      6401                 Footwear                                                           Manufacture from materials of any heading except for
      to                                                                                      assemblies of uppers affixed to inner soles or to other
      6405                                                                                    sole components of heading No 6406
      6503                 Felt hats and other felt headgear, made from the                   Manufacture from yarn or textile fibres (l)
                           hat bodies, hoods or plateaux of heading No 6501 ,
                           whether or not lined or trimmed
      6505                 Hats and other headgear, knitted or crocheted, or                  Manufacture from yarn or textile fibres (2)
                           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 trimmed
      6601                 Umbrellas       and     sun umbrellas          (including          Manufacture in which the value of all the materials
                           walking-stick umbrellas, garden umbrellas and                      used does not exceed 50 % of the ex works price of
                           similar umbrellas)                                                 the product
  ex 6803                  Articles of slate or of agglomerated slate                         Manufacture from worked slate
  ex 6812                  Articles of asbestos or of mixtures with a basis of                Manufacture from fabricated asbestos fibres or from
                           asbestos or with a basis of asbestos and magnesium                 mixtures with a basis of asbestos or with a basis of
                           carbonate                                                          asbestos and magnesium carbonate
  ex 6814                  Articles of mica; including agglomerated or recon­                 Manufacture from worked mica (including agglom­
                           stituted mica on a support of paper, paperboard or                 erated or reconstituted mica)
                           other materials
      7006                 Glass of heading No 7003, 7004 or 7005, bent,                      Manufacture from materials of heading No 7001
                           edge-worked, engraved, drilled, enamelled or
                           otherwise worked, but not framed or fitted with
                           other materials
  (') For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
  (!) See Introductory Note 7 for the treatment of textile trimmings and accessories.
 ---pagebreak--- No L 84/44                       Official Journal of the European Communities                                   30. 3. 90
       (1)                            (2)                                                   <3>
   7007    Safety glass, consisting of toughened (tempered) or    Manufacture from materials of heading No 7001
           laminated glass
   7008    Multiple-walled insulating units of glass              Manufacture from materials of heading No 7001
   7009    Glass mirrors, whether or not framed, including        Manufacture from materials of heading No 7001
           rear-view mirrors
   7010    Carboys, bottles, flasks, jars, pots, phials, ampoules Manufacture in which all the materials used are
           and other containers, or glass, of a kind used for     classified within a heading other than that of the
           the conveyance or packing of goods; preserving jars    product
           of glass ; stoppers, lids and other closures, of glass or
                                                                  Cutting of glassware, provided the value of the uncut
                                                                  glassware does not exceed 50 °/o of the ex works price
                                                                  of the product
   7013    Glassware of a kind used for table, kitchen, toilet,   Manufacture in which all the materials used are
           office, indoor decoration or similar purposes (other   classified within a heading other than that of the
           than that of heading No 7010 or 7018)                  product
                                                                  and
                                                                  Cutting of glassware, provided the value of the uncut
                                                                  glassware does not exceed 50 °/o of the ex works price
                                                                  of the product
                                                                  or
                                                                  Hand-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
ex 7019    Articles (other than yarn) of glass fibres             Manufacture from :
                                                                  — uncoloured slivers, rovings, yarn or chopped
                                                                      strands, or
                                                                  — glass wool
ex 7102    Worked precious or semi-precious stones (natural,      Manufacture from unworked precious or semi-precious
ex 7103    synthetic or reconstructed)                            stones
   and
ex 7104
   7106    Precious metals :
   7108
   and     — Unwrought                                            Manufacture from materials not classified in heading
   7110                                                           No 7106, 7108 or 7110
                                                                  or
                                                                  Electrolytic, thermal or chemical separation of precious
                                                                  metals of heading No 7106, 7108 or 7110
                                                                  or
                                                                  Alloying of precious metals of heading No 7106, 7108
                                                                  or 7110 with each other or with base metals
           — Semi-manufactured or in powder form (All)            Manufacture from unwrought precious metals
ex 7107    Metals clad with precious metals, semi-manu­           Manufacture from metals clad with precious metals,
ex 7109    factured                                               unwrought
   and
ex 7111
   7116    Articles of natural or cultured pearls, precious or    Manufacture in which the value of all the materials
           semi-precious stones (natural, synthetic or recon­     used does not exceed 50 % of the ex works price of
           structed)                                              the product -
   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
 ---pagebreak--- 30. 3 . 90                       Official Journal of the European Communities                              No L 84/45
        0)                            (2)                                                  (3)
   7207    Semi-finished products of iron or non-alloy steel       Manufacture from materials of heading No 7201 ,
                                                                   7202, 7203 , 7204 or 7205
   7208    Flat-rolled products, bars and rods, angles, shapes     Manufacture from ingots or other primary forms of
   to      and sections of iron or non-alloy steel                 heading No 7206
   7216
   7217    Wire of iron or non-alloy steel                         Manufacture from semi-finished materials of heading
                                                                   No 7207
ex 7218    Semi-finished products, flat-rolled products, bars      Manufacture from ingots or other primary forms of
   7219    and rods, angles, shapes and sections of stainless      heading No 7218
   to      steel
   7222
   7223    Wire of stainless steel                                 Manufacture from semi-finished materials of heading
                                                                   No 7218
ex 7224    Semi-finished products, flat-rolled products, bars      Manufacture from ingots or other primary forms of
   7225    and rods, in irregularly wound coils, of other alloy    heading No 7224
   to      steel
   7227
   7228    Other bars and rods of other alloy steel ; angles,      Manufacture from ingots or other primary forms of
           shapes and sections, of other alloy steel ; hollow      heading No 7206, 7218 or 7224
           drill bars and rods, of alloy or non-alloy steel
   7229    Wire of other alloy steel                               Manufacture from semi-finished materials of heading
                                                                   No 7224
ex 7301    Sheet piling                                            Manufacture from materials of heading No 7203
   7302    Railway or tramway track construction material of       Manufacture from materials of heading No 7206
           iron or steel, the following : rails, check-rails and
           rack rails, switch blades, crossing frogs, point rods
           and other crossing pieces, sleepers (cross-ties), fish­
           plates, chairs, chair wedges, sole plates (base
           plates), rail clips, bedplates, ties and other material
           specialized for jointing or fixing rails
   7304    Tubes, pipes and hollow profiles, of iron (other        Manufacture from materials of heading No 7206,
   7305    than cast iron) or steel                                7207, 7218 or 7224
   and
   7306
   7308    Structures (excluding prefabricated buildings of        Manufacture in which all the materials used are
           heading No 9406) and parts of structures (for           classified within a heading other than that of the
           example, bridges and bridge-sections, lock-gates,       product. However, welded angles, shapes and sections
           towers, lattice masts, roofs, roofing frameworks,       of heading No 7301 may not De used
           doors and windows and their frames and thresholds
           for doors, shutters, balustrades, pillars and
           columns), of iron or steel ; plates, rods, angles,
           shapes, sections, tubes and the like, prepared for
           use in structures, of iron or steel
ex 7315    Skid-chains                                             Manufacture in which the value of all the materials of
                                                                   heading No 7315 used does not exceed 50 °/o of the ex
                                                                   works price of the product
ex 7322    Radiators for central heating, not electrically         Manufacture in which the value of all the materials of
           heated                                                  heading No 7322 used does not exceed 5 % of the ex
                                                                   works price of the product
 ---pagebreak--- No L 84/46                        Official Journal of the European Communities                                     30. 3. 90
        (1)                            (2)                                                    (3)
ex Chapter 74 Copper and articles thereof, except for heading       Manufacture in which :
              Nos 7401 to 7405 ; the rule for heading No ex 7403    — all the materials used are classified within a heading
              is set out below
                                                                        other than that of the product, and
                                                                    — the value of all the materials used does not exceed
                                                                        50 % of the ex works price of the product
ex 7403       Copper alloys, unwrought                              Manufacture from refined copper, unwrought, or
                                                                    waste and scrap
ex Chapter 75 Nickel and articles thereof, except for heading Nos   Manufacture in which :
              7501 to 7503 ;
                                                                    — all the materials used are classified within a heading
                                                                        other than that of the product, and
                                                                    — the value of all the materials used does not exceed
                                                                        50 % of the ex works price, of the product
ex Chapter 76 Aluminium and articles thereof, except for heading    Manufacture in which
              Nos 7601 and 7602 ; the rule for heading No ex        — all the materials used are classified within a heading
              7601 is set out below
                                                                        other than that of the product, and
                                                                    — the value of all the materials used does not exceed
                                                                        50 % of the ex works price of the product
ex 7601       — Aluminium alloys                                    Manufacture from aluminium, not alloyed, or waste
                                                                    and scrap
              — 'Super-pure' aluminium (ISO No A1 99.99)            Manufacture from aluminium, not alloyed (ISO No A1
                                                                    99,8)
ex Chapter 78 Lead and articles thereof, except for heading Nos     Manufacture in which :
              7801 and 7802 ; the rule for heading No 7801 is set   — all the materials used are classified within a heading
              out below
                                                                        other than that of the product, and
                                                                    — the value of all the materials used does not exceed
                                                                        50 % of the ex works price of the product
   7801       Unwrought lead :                                    I
              — Refined lead                                        Manufacture from 'bullion' or 'work' lead
              — Other                                               Manufacture in which all the materials used are
                                                                    classified in a heading other than that of the product.
                                                                    However, waste and scrap of heading No 7802 may
                                                                    not be used
ex Chapter 79 Zinc and articles thereof, except for heading Nos     Manufacture in which :
              7901 and 7902 ; the rule for heading No 7901 is set
              out below                                             — all the materials used are classified in a heading
                                                                        other than that of the product, and
                                                                    — 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 in a heading other than that of the product.
                                                                    However, waste and scrap of heading No 7902 may
                                                                    not be used
 ---pagebreak--- 30 . 3 . 90                        Official Journal of the European Communities                                   No L 84/47
         0)                             (2)                                                      (3)
ex Chapter 80 Tin and articles thereof, except for heading Nos        Manufacture in which :
              8001 , 8002 and 8007 ; the rule for heading No 8001
              is set out below                                        — all the materials used are classified in a heading
                                                                          other than that of the product, and
                                                                      — the value of all the materials used does not exceed
                                                                          50 % of the ex works price of the product
    8001      Unwrought tin                                           Manufacture in which all the materials used are
                                                                      classified in a heading other than that of the product.
                                                                      However, waste and scrap of heading No 8002 may
                                                                      not be used
ex Chapter 81 Other base metals, wrought ; articles thereof           Manufacture in which the value of all the materials
                                                                      classified in the same heading as the products used
                                                                      does not exceed 50 % of the ex works price of the
                                                                      product
    8206      Tools of two or more of the heading Nos 8202 to         Manufacture in which all the materials used are
              8205, put up in sets for retail sale                    classified in a heading other than heading Nos 8202 to
                                                                      8205. However, tools of heading Nos 8202 to 8205
                                                                      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       Manufacture in which :
               not power-operated, or for machine-tools (for
               example, for pressing, stamping, punching, tapping,    — all the materials used are classified in a heading
              threading, drilling, boring, broaching, milling,             other than that of the product, and
              turning or screwdriving), including dies for drawing    — the value of all the materials used does not exceed
               or extruding metal, and rock-drilling or earth­             40 °/Q of the ex works price of the product
               boring tools
     8208      Knives and cutting blades, for machines or for         Manufacture in which :
               mechanical appliances
                                                                           all the materials used are classified in a heading
                                                                           other than that of the product, and
                                                                      — 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            Manufacture in which all the materials used are
               (including pruning knives), other than knives of       classified in a heading other than that of the product.
               heading No 8208                                        However, knife blades and handles of base metal may
                                                                      be used
     8214      Other articles of cutlery (for example, hair clippers,  Manufacture in which all the materials used are
               butcher's or kitchen cleavers, choppers and mincing    classified in a heading other than that of the product.
               knives, paper knives); manicure or pedicure sets        However, handles of base metal may be used
               and instruments (including nail files)
     8215      Spoons, forks, ladles, skimmers, cake-servers, fish­    Manufacture in which all the materials used are
               knives, butter-knives, sugar tongs and similar          classified in a heading other than that of the product.
               kitchen or tableware                                    However,: handles of Dase metal may be used
 ---pagebreak--- No L 84/48                         Official Journal of the European Communities                                   30 . 3 . 90
        (1)                             (2)                                                    (3)
ex 8306       Statuettes and other ornaments, of base metal          Manufacture in which all the materials used are classi­
                                                                     fied in a heading other than that of the product. How­
                                                                     ever, 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 mechan­       Manufacture :
              ical appliances; parts thereof; except for those fall­ — in which the value of all the materials used does not
              ing within the following headings or parts of head­
              ings for which the rules are set out below :               exceed 40 % of the ex works price of the product,
                                                                         and
              8402, 8403 , ex 8404, 8406 to 8409, 8411 , 8412, ex
              8413 , ex 8414, 8415, 8418 , ex 8419, 8420, 8423,
                                                                     — where, within the above limit, the materials classi­
              8425 to 8430, ex 8431 , 8439, 8441 , 8444 to 8447,         fied within the same heading as the product are
              ex 8448 , 8452, 8456 to 8466, 8469 to 8472, 8480,          only used up to a value of 10 % of the ex works
              8482 , 8484 and 8485                                       price of the product
   8402       Steam or other vapour generating boilers (other        Manufacture :
              than central heating hot water boilers capable also
              of producing low pressure steam); superheated          — in which the value of all the materials used does not
              water boilers                                              exceed 40 °/o of the ex-works price of the product,
                                                                         and
                                                                     — where* within the above limit, the materials classi­
                                                                         fied in the same heading as the product are only
                                                                         used up to a value of 10 % of the ex works price of
                                                                         the product
   8403       Central heating boilers, other than those of heading   Manufacture in which all the materials used are classi­
   and        No 8402, and auxiliary plant for central heating       fied in a heading other than heading No 8403 or 8404.
ex 8404       boilers                                                However, materials which are classified in heading No
                                                                     8403 or 8404 may be used provided their value, taken
                                                                     together, does not exceed 10 % of the ex works price
                                                                     of the product
   8406       Steam turbines and other vapour turbines               Manufacture 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 com­   Manufacture in which the value of all the materials
              bustion piston engines                                 used does not exceed 40 % of the ex works price of
                                                                     the product
   8408       Compression-ignition internal combustion piston        Manufacture in which the value of all the materials
              engines (diesel or semi-diesel engines)                used does not exceed 40 % of the ex works price of
                                                                     the product
   8409       Parts suitable for use solely or principally with the  Manufacture in which the value of all the materials
              engines of heading No 8407 or 8408                     used does not exceed 40 % of the ex works price of
                                                                     the product
   8411       Turbo-jets, turbo-propellers and other gas turbines    Manufacture :
                                                                     — in which the value of all the materials used does not
                                                                         exceed 40 % of the ex works price of the product,
                                                                         and
                                                                     — where, within the above limit, the materials classi­
                                                                         fied in the same heading as the product are only
                                                                         used up to a value of 10 % of the ex works price of
                                                                         the product
   8412       Other engine? 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 the value of all the materials used does not
                                                                         exceed 40 % of the ex-works price of the product,
                                                                         and
                                                                     — where, within the above limit, the materials classi­
                                                                         fied in the same heading as the product are only
                                                                         used up to a value of 10 % of the ex-works price of
                                                                         the product
 ---pagebreak--- 30 . 3 . 90                      Official Journal of the European Communities                                No L 84 /49
         (1)                           (2)                                                   (3)
ex 8414      Industrial fans, blowers and the like                Manufacture :
                                                                  — in which the value of all the materials used does not
                                                                      exceed 40 % of the ex-works price of the product,
                                                                      and
                                                                  — where, within the above limit, the materials classi­
                                                                      fied in the same heading as the product are only
                                                                      used up to a value of 10 vo of the ex works price of
                                                                      the product
    8415     Air conditioning machines, comprising a motor­       Manufacture in which the value of all the materials
             driven fan and elements for changing the tempera­    used does not exceed 40 % of the ex works price of
             ture and humidity, including those machines in       the product
             which the humidity cannot be seperately regulated
    8418     Refrigerators, freezers and other refrigerating or   Manufacture :
             freezing equipment, electric or other neat pumps     — in which the value of all the materials used does not
             other than air conditioning machines of heading
             No 8415                                                  exceed 40 % of the ex works price of the product,
                                                                      and
                                                                  — where, within the above limit, the materials classi­
                                                                      fied within the same heading as the product are
                                                                      only used up to a value of 10 % 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 used
ex 8419      Machines for the wood, paper pulp and paper          Manufacture :
             board industries
                                                                  — in which the value of all the materials used does not
                                                                      exceed 40 °/o of the ex works price of the product,
                                                                      and
                                                                  — where, within the above limit, the materials classi­
                                                                      fied within the same heading as the product are
                                                                      only used up to a value of 25 % of the ex works
                                                                      price of the product
    8420     Calendering or other rolling machines, other than    Manufacture :
             for metals or glass, and cylinders therefor          — in which the value of all the materials used does not
                                                                      exceed 40 % of the ex works price of the product,
                                                                      and
                                                                  — where, within the above limit, the materials classi­
                                                                      fied within the same heading as the product are
                                                                      only used up to a value of 25 % of tne ex works
                                                                      price of the product
    8423     Weighing machinery (excluding balances of a sensi­   Manufacture :
             tivity of 5 eg or better), including weight operated — in which the value of all the materials used does not
             counting or checking machines ; weighing machine
             weights of all kinds                                     exceed 40 % of the ex works price of the product,
                                                                      and
                                                                  — where, within the above limit, the materials classi­
                                                                      fied in the same heading as the product are only
                                                                      used up to a value of 10 % of the ex works price of
                                                                      the product
    8425     Lifting, handling, loading or unloading machinery    Manufacture :
    to
     8428                                                         — in which the value of all the materials used does not
                                                                      exceed 40 % of the ex works price of the product,
                                                                      and
                                                                  — where, within the above limit, the materials classi­
                                                                      fied in heading No 8431 are only used up to a
                                                                      value of 10 °/o of the ex works price of the product
 ---pagebreak--- No L 84 / 50                       Official Journal of the European Communities                                     30 . 3 . 90
       ( 1) ,                          (2)                                                       (3)
   8429       Self-propelled bulldozers, angledozers, graders,
              levellers, scrapers, mechanical shovels, excavators,
              shovel loaders, temping 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,
                                                                         and
                                                                    — where, within the above limit, the value of the ma­
                                                                       , terials classified within heading No 8431 are only
                                                                         used up to a value of 10 °/o of the ex works price of
                                                                         the product
   8430       Other moving, grading, levelling, scraping, excavat­  Manufacture :
              ing, temping, compacting, extracting or boring ma­    — in which the value of all the materials used does not
              chinery, for earth, minerals or ores ; pile-drivers        exceed 40 % of the ex works price of the product,
              and pile-extractors ; snow-ploughs and snow­               and
              blowers
                                                                    — where, within the above limit, the value of the ma­
                                                                         terials classified within heading No 8431 are only
                                                                         used up to value of 10 % of the ex works price of
                                                                         the product
ex 8431       Parts for road rollers                                Manufacture in which the value of all the materials
                                                                    used does not exceed 40 % of the ex works price of
                                                                    the product
   8439       Machinery for making pulp of fibrous cellulosic       Manufacture :
              material or for making or finishing paper or paper­   — in which the value of all the materials used does not
              board
                                                                         exceed 40 % of the ex works price of the product,
                                                                         and
                                                                    — where, within the above limit, the materials classi­
                                                                         fied within the same heading as the product are
                                                                         only used up to a value of 25 % of the ex works
                                                                         price of the product
   8441       Other machinery for making up paper pulp, paper       Manufacture :
              or paperboard, including cutting machines of all
              kinds                                                 — in which the value of all the materials used does not
                                                                         exceed 40 % of the ex works price of the product,
                                                                         and
                                                                    — where, within the above limit, the materials classi­
                                                                         fied within the same heading as the product are
                                                                         only used up to a value of 25 % of the ex works
                                                                         price of the product
   8444       Machines of these headings for use in the textile     Manufacture in which the value of all the materials
   to         industry                                              used does not exceed 40 % of the ex works price of
   8447                                                             the product
ex 8448       Auxiliary machinery for use with machines for         Manufacture in which the value of all the materials
              heading Nos 8444 and 8445                             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 ma­
              chine needles :
              — Sewing machines (lock stitch only) with heads       Manufacture :
                  of a weight not exceeding 16 kg without motor
                  or 17 kg with motor                               — 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 of the non-originating ma­
                                                                         terials used in assembling the head (without motor)
                                                                         does not exceed the value of the originating ma­
                                                                         terials used, and
                                                                    — the thread tension, crochet and zigzag mechanisms
                                                                         used are already originating
 ---pagebreak--- 30 . 3 . 90                         Official Journal of the European Communities                               No L 84/51
         (!)                             (2)                                                   (3)
    8452      — Other                                                Manufacture in which the value of all the materials
    (cont'd)                                                         used does not exceed 40 % of the ex works price of
                                                                     the product
    8456      Machine-tools and machines and their parts and         Manufacture in which the value of all the materials
    to        accessories of heading Nos 8456 to 8466                used does not exceed 40 % of the ex works price of
    8466                                                             the product
    8469      Office machines (for example, typewriters, calculat­   Manufacture in which the value of all the materials
    to        ing machines, automatic data-processing machines,      used does not exceed 40 % of the ex works price of
    8472      duplicating machines, stapling machines)               the product
    8480      Moulding boxes for metal foundry; mould bases ;        Manufacture in which the value of all the materials
              moulding patterns ; moulds for metal (other than       used does not exceed 50 % of the ex works price of
              ingot moulds), metal carbides, glass, mineral ma­      the product
              terials, rubber or plastics
    8482      Ball or roller bearings                                Manufacture :
                                                                     — in which the value of all the materials used does not
                                                                         exceed 40 % of the ex works price of the product,
                                                                         and
                                                                     — where, within the above limit, the materials classi­
                                                                         fied in the same heading as the poduct are only
                                                                         used up to a value of 10 % of the ex works price of
                                                                         the product
    8484      Gaskets and similar joints of metal sheeting com­      Manufacture in which the value of all the materials
              bined with other material or of two or more layers     used does not exceed 40 % of the ex works price of
              of metal; sets or assortments of gaskets and similar   the product
              joints, dissimilar in composition, put up in pouches,
              envelopes or similar packings
    8485      Machinery parts, not containing electrical connec­     Manufacture in which the value of all the materials
              tors, insulators, coils, contacts or other electrical  used does not exceed 40 °/o of the ex works price of
              features, not specified or included elsewhere in this  the product
              chapter
ex Chapter 85 Electrical machinery and equipment and parts           Manufacture :
              thereof; sound recorders and reproducers, tele­
              vision image and sound recorders and reproducers       — in which the value of all the materials used does not
              and parts and accessories of such articles; except         exceed 40 % of the ex works price of the product,
              for those falling within the following headings or         and
              parts
              below :
                     of headings for which the rules are set out     — where, within the above limit, the materials classi­
                                                                         fied within the same heading as the product are
              8501 , 8502, ex 8522, 8523 to 8529, 8535 to 8537 ,         only used up to a value of 10 % of the ex works
              8542 , 8544 to 8548                                        price of the product
    8501      Electric motors and generators (excluding generat­     Manufacture :
              ing sets)                                              — in which the value of all the materials used does not
                                                                         exceed 40 °/o of the ex works price of the product,
                                                                         and
                                                                     — where, within the above limit, the materials classi­
                                                                         fied within heading No 8503 are only used up to a
                                                                         value of 10 % of the ex works price of the product
    8502      Electric generating sets and rotary converters         Manufacture :
                                                                     — in which the value of all the materials used does not
                                                                         exceed 40 % of the ex works price of the product,
                                                                         and
                                                                     — where, within the above limit, the materials classi­
                                                                         fied within heading No 8501 or 8503, taken
                                                                         together, are only used up to a value of 5 % of the
                                                                         ex works price of the product
 ---pagebreak--- No L 84/52                     Official Journal of the European Communities                                    30. 3. 90
       (1)                          (2)                                                     (3)
ex S522    Parts and accessories of cinematographic sound re­    Manufacture in which the value of all the materials
           corders or reproducers for film of 16 mm or more      used does not exceed 40 °/o of the ex works price of
                                                                 the product
   8523    Prepared unrecorded media for sound recording or      Manufacture in which the value of all the materials
           similar recording of other phenomena, other man       used does not exceed 40 % of the ex works price of
           products of Chapter 37                                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 Cnapter 37 :
           — Matrices and masters for the production of rec­     Manufacture in which the value of Jill the materials
               ords                                              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, within the above limit, the materials classi­
                                                                     fied within heading No 8523 are only used up to a
                                                                    value of 10 °/d of the ex works price of the product
   8525    Transmission apparatus for radio-telephony, radio­    Manufacture in which the value of all the materials
           telegraphy, radio-broadcasting or television,         used does not exceed 40 % of the ex works price of
           whether or not incorporating reception apparatus      the product
           or sound recording or reproducing apparatus ; tele­
           vision cameras
   8526    Radar apparatus, radio navigational aid apparatus     Manufacture :
           and radio remote control apparatus                    — 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 used, and
   8527    Reception apparatus for radio-telephony, radio­       Manufacture :
           telegraphy or radio-broadcasting, whether or not      — in which the value of all the materials used does not
           combined, in the same housing, with sound re­             exceed 40 % of the ex works price of the product,
           cording or reproducing apparatus or a clock               and
                                                                 — where the value of all the non-originating materials
                                                                     used does not exceed the value of the originating
                                                                     materials used
   8528    Television receivers (including video monitors and    Manufacture :
           video projectors), whether or not combined, in the    — in which the value of all the materials used does not
           same housing, with radio-broadcast receivers or           exceed 40 % of the ex works price of the product,
           sound or video recording or reproducing apparatus         and
                                                                 — where the value of all the non-originating materials
                                                                     used does not exceed the value of the originating
                                                                     materials used
   8529    Parts suitable for use solely or principally with the Manufacture :
           apparatus of heading Nos 8525 to 8528                 — 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 used
 ---pagebreak--- 30. 3. 90                         Official Journal of the European Communities                               No L 84/53
       (1)                             (2)                                                    (3)
   8535    Electrical apparatus for switching or protecting         Manufacture :
   and     electrical circuits, or for making connections to or     — in which the value of all the materials used does not
   8536    in electrical circuits
                                                                       exceed 40 °/o of the ex works price of the product,
                                                                       and
                                                                    — where, within the above limit, the materials classi­
                                                                       fied within heading No 8538 are only used up to a
                                                                       valjue of 10 % of the ex works price of the product
   8537    Boards, panels (including numerical control panels),     Manufacture :
           consoles, desks, cabinets and other bases, equipped      — in which the value of all the materials used does not
           with two or more apparatus of heading No 8535 or
           8536, for electric control or the distribution of elec­     exceed 40 % of the ex works price of the product,
                                                                       and
           tricity, including those incorporating instruments or
           apparatus of Chapter 90, other than switching ap­        — where, within the above limit, the materials classi­
           paratus of heading No 8517                                  fied within heading No 8538 are only used up to a
                                                                       value of 10 % of the ex works price of the product
ex 8541    Diodes, transistors and similar semi-conductor de­       Manufacture :
           vices, except wafers not yet cut into chips              — in which the value of all the materials used does not
                                                                       exceed 40 % of the ex works price of the product,
                                                                       and
                                                                    — where, within the above limit, the materials classi­
                                                                       fied within the same heading as the products are
                                                                       only used up to a value of 10 °/o of tne ex works
                                                                       price of the product
   8542    Electronic integrated circuits and microassemblies       Manufacture :
                                                                    — in which the value of all the materials used does not
                                                                       exceed 40 °/o of the ex works price of the product,
                                                                        and
                                                                    — where, within the above limit, the materials classi­
                                                                        fied within heading No 8541 or 8542, taken
                                                                       together, are only used up to a value of 10 % of
                                                                        the ex works price of the product
   8544    Insulated (including enamelled or anodized) wire,        Manufacture in which the value of all the materials
           cable (including co-axial cable) and other insulated     used does not exceed 40% of the ex works price of
           electric conductors, whether or not fitted with con­     the product
           nectors ; optical fibre cables, made up of individu­
           ally sheathed fibres, whether or not assembled with
           electric conductors or fitted with connectors
    8545   Carbon electrodes, carbon brushes, lamp carbons,         Manufacture in which the value of all the materials
           battery carbons and other articles of graphite or        used does not exceed 40 % of the ex works price of
            other carbon, with or without metal, of a kind used     the product
           for electrical purposes
    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 Manufacture in which the value of all the materials
            or equipment, being fittings wholly of insulating       used does not exceed 40 % of the ex works price of
            material apart from any minor components of metal       the product
            (for example, threaded sockets) incorporated dur­
            ing moulding solely for purposes of assembly other
            than insulators of heading No 8546 ; electrical con­
            duit tubing and joints therefor, of base metal lined
            with insulating material
    8548    Electrical parts of machinery or apparatus, not         Manufacture in which the value of all the materials
            specified or included elsewhere in this chapter         used does not exceed 40 °/o of the ex works price of
                                                                    the product
 ---pagebreak--- No L 84/54                           Official Journal of the European Communities                                    30. 3. 90
       (1)                                (2)                                                    (3)
   8601       Railway or tramway locomotives, rolling-stock and        Manufacture in which the value of all the materials
   to         parts thereof                                            used does not exceed 40 % of the ex works price of
   8607                                                                the product
   8608       Railway or tramway track fixtures and fittings ; me­     Manufacture :
              chanical (including electromechanical) signalling,
              safety or traffic control equipment for railways,        — in which the value of all the materials used does not
              tramways, roads, inland waterways, parking fa­               exceed 40 % of the ex works price of the product,
                                                                           and
              cilities, port installations or airfields ; parts of the
              foregoing                                                — where, within the above limit, the materials classi­
                                                                           fied within the same heading as the product are
                                                                           only used up to a value of 10 °/o of the ex works
                                                                           price of the product
   8609       Containers (including containers for the transport       Manufacture in which the value of all the materials
              of fluids) specially designed and equipped for car­      used does not exceed 40 °/o of the ex works price of
              riage by one or more modes of transport                  the product
ex Chapter 87 Vehicles other than railway or tramway rolling­          Manufacture in which the value of all the materials
              stock and parts and accessories thereof; except for      used does not exceed 40 % of the ex works price of
              those falling within the following headings or parts     the product
              of headings for which the rules are set out below :
              8709 to 8711 , ex 8712, 8715 and 8716
   8709       Works trucks, self-propelled, not fitted with lifting    Manufacture :
              or handling equipment, of the type used in fac­
              tories, warehouses, dock areas or airports for short     — in which the value of all the materials used does not
              distance transport of goods ; tractors of the type           exceed 40 % of the ex works price of the product,
              used on railway station platforms ; parts of the fore­       and
              going vehicles                                           — where, within the above limit, the materials classi­
                                                                           fied within the same heading as the product are
                                                                           only used up to a value of 10 °/o of the ex works
                                                                           price of the product
   8710       Tanks and other armoured fighting vehicles, mo­          Manufacture :
              torized, whether or not fitted with weapons, and
              parts of such vehicles                                   — in which the value of all the materials used does not
                                                                           exceed 40 % of the ex works price of the product,
                                                                           and
                                                                       — where, within the above limit, the materials classi­
                                                                           fied within the same heading as the product are
                                                                           only used up to a value of 10 % of the ex works
                                                                           price of the product
   8711       Motorcycles (including mopeds) and cycles fitted         Manufacture :
              with an auxiliary motor, with or without side-cars ;
              side-cars                                                — 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 used
ex 8712       Bicycles without ball bearings                           Manufacture from materials not classified within head­
                                                                       ing No 8714
   8715       Baby carriages and parts thereof                         Manufacture :
                                                                       — in which the value of all the materials used does not
                                                                           exceed 40 % of the ex works price of the product,
                                                                           and
                                                                       — where, within the above limit, the materials classi­
                                                                           fied within the same heading as the product are
                                                                           only used up to a value of 10 °/o of the ex works
                                                                           price of the product
 ---pagebreak--- 30 . 3 . 90                         Official Journal of the European Communities                               No L 84/ 55
         ( 1)                            (2)                                                   (3)
    8716       Trailers and semi-trailers ; other vehicles, not me­   Manufacture :
               chanically propelled ; parts thereof
                                                                      — in which the value of all the materials used does not
                                                                          exceed 40 % of the ex works price of the product,
                                                                          and
                                                                      — where, within the above limit, the materials classi­
                                                                          fied within the same heading as the product are
                                                                          only used up to a value of 10 % of the ex works
                                                                          price of the product
    8803       Parts of goods of heading No 8801 or 8802              Manufacture in which the value of all the materials of
                                                                      heading No 8803 used does not exceed 5 % of the ex
                                                                      works price of the product
    8804       Parachutes (including dirigible parachutes) and ro­
               tochutes ; parts thereof ana accessories thereto :
               — Rotochutes                                           Manufacture from materials of any heading including
                                                                      other materials of heading No 8804
               — Other                                                Manufacture in which the value of all the materials of
                                                                      heading No 8804 used does not exceed 10 % of the ex
                                                                      works price of the product
    8805       Aircraft launching gear; deck-arrestor or similar      Manufacture in which the value of all the materials of
               gear; ground flying trainers; parts of the foregoing   heading No 8805 used does not exceed 5 % of the ex
               articles                                               works price of the product
    Chapter 89 Ships, boats and floating structures                   Manufacture in which all the materials used are classi­
                                                                      fied within a heading other than that of the product.
                                                                      However, hulls of heading No 8906 may not be used
ex Chapter 90  Optical, photographic, cinematographic, measuring,     Manufacture :
               checkings precision, medical or surgical instruments
               and apparatus ; parts and accessories thereof; except  — in which the value of all the materials used does not
               for those falling within the following headings or         exceed 40 % of the ex works price of the product,
                                                                          and
               parts
               below :
                      of headings for which the rules are set out
                                                                      — where, within the above limit, the materials classi­
               9001 , 9002, 9004, ex 9006, ex 9014, 9015 to 9020          fied within the same heading as the product are
               and 9024 to 9033                                           only used up to a value of 10 % of the ex works
                                                                          price of the product
    9001       Optical fibres and optical fibre bundles ; optical     Manufacture in which the value of all the materials
               fibre cables other than those of heading No 8544 ;     used does not exceed 40 % of the ex works price of
               sheets and plates of polarizing material ; lenses      the product
               (including contact lenses), prisms, mirrors and
               other optical elements, of any material, unmounted,
               other than such elements of glass not optically
               worked
     9002       Lenses, prisms, mirrors and other optical elements,   Manufacture in which the value of all the materials
               of any material, mounted, being parts of or fittings   used does not exceed 40 % of the ex works price of
                for instruments or apparatus, other than such el­     the product
                ements of glass not optically worked
     9004       Spectacles, goggles and the like, corrective, protec­ Manufacture in .which the value of all the materials
                tive or other                                         used does not exceed 40 % of the ex works price of
                                                                      the product
 ---pagebreak--- No L 84/56                      Official Journal of the European Communities                                   30 . 3 . 90
        1                             2                                                     3
ex 9006    Photographic (other than cinematographic) cam­        Manufacture :
           eras, other than the following :                      — in which the value of all the materials used does not
           — Cameras of a kind used for preparing printing           exceed 45 % of the ex-works price of the product,
               plates or cylinders                                   and
           — Cameras of a kind used for recording docu­          — where, within the above limit, the materials classi­
               ments on microfilm, microfiche or other micro­        fied in the same heading as the product are only
               forms                                                 used up to a value of 10 % of the ex-works price of
           — Cameras specially designed for underwater use,          the product
               for aerial survey or for medical or surgical
               examination of internal organs ; comparison
               cameras for forensic or criminological purposes
           — Instant print cameras
           — Other cameras :
               — With a through-the-lens viewfinder (single
                   lens reflex (SLR)), for roll film or a width
                   not exceeding 35 mm
               — Other, for roll film of a width less than 35
                   mm
               — Other, for roll film of a width of 35 mm
ex 9014    Other navigational instruments and appliances         Manufacture in which the value of all the materials
                                                                 used does not exceed 40 °/o of the ex works price of
                                                                 the product
   9015    Surveying (including photogrammetrical surveying),    Manufacture in which the value of all the materials
           hydrographic, oceanographic, hydrological, meteo­     used does not exceed 40 % of the ex works price of
           rological or geophysical instruments and appliances,  the product
           excluding compasses ; rangefinders
   9016    Balances of a sensitivity of 5 eg or better, with or  Manufacture in which the value of all the materials
           without weights                                       used does not exceed 40 % of the ex works price of
                                                                 the product
   9017    Drawing, marking-out or mathematical calculating      Manufacture in which the value of all the materials
           instruments (for example, drafting machines, panto­   used does not exceed 40 °/o of the ex works price of
           graphs, protractors, drawing sets, slide rules, disc  the product
           calculators); instruments for measuring length, for
           use in the hand (for example, measuring rods and
           tapes, micrometers, callipers), not specified or in­
           cluded elsewhere in this chapter
ex 9018    Dentists' chairs incorporating dental appliances or   Manufacture from materials of any heading, including
           dentists' spittoons                                   other materials of heading No 9018
   9019    Mechano-therapy appliances; massage apparatus;        Manufacture :
           psychological aptitude-testing apparatus ; ozone      — in which the value of all the materials used does not
           therapy, oxygen therapy, aerosol therapy, artificial      exceed 40 % of the ex works price of the product,
           respiration or other therapeutic respiration appara­      and
           tus
                                                                 — where, within the above limit, the materials classi­
                                                                     fied in the same heading as the product are only
                                                                     used up to a value of 10 % of the ex works price of
                                                                     the product
   9020    Other breathing appliances and gas masks, exclud­     Manufacture :
           ing protective masks having neither mechanical        — in which the value of all the materials used does not
           parts nor replaceable filters                             exceed 40 % of the ex works price of the product,
                                                                     and
                                                                 — where, within the above limit, the materials classi­
                                                                     fied in the same heading as the product are only
                                                                     used up to a value of 10 % of the ex works price of
                                                                     the product
   9024    Machines and appliances for testing the hardness,     Manufacture in which the value of all the materials
           strength, compressibility, elasticity or other mech­  used does not exceed 40 % of the ex works price of
           anical properties of materials (for example, metals,  the product
           wood, textiles, paper, plastics)
 ---pagebreak--- 30 . 3 . 90                        Official Journal of the European Communities                              No L 84/57
         (1)                            (2)                                                   (3)
    9025      Hydrometers and similar floating instruments, ther­   Manufacture in which the value of all the materials
              mometers, pyrometers, barometers, hygrometers         used does not exceed 40 °/o of the ex works price of
              and psychrometers, recording or not, and any com­     the product
              bination of these instruments
    9026      Instruments and apparatus for measuring or check­     Manufacture in which the value of all the materials
              ing the flow, level, pressure or other variables of   used does not exceed 40 % of the ex works price of
              liquids or gases (for example, flow meters, level     the product
              gauges, manometers, heat meters), excluding in­
              struments and apparatus of heading No 9014, 9015,
              9028 or 9032
    9027      Instruments and apparatus for physical or chemical    Manufacture in which the value of all the materials
              analysis (for example, polarimeters, refractometers,  used does not exceed 40 % of the ex works price of
              spectrometers, gas or smoke analysis apparatus); in­  the product
              struments 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 (in­
              cluding exposure meters); microtomes
    9028      Gas, liquid or electricity supply or production me­   Manufacture in which the value of all the materials
              ters, including calibrating meters therefor :         used does not exceed 40 % of the ex works price of
                                                                    the product
    9029      Revolution counters, production counters, taxime­     Manufacture in which the value of all the materials
              ters, mileometers, pedometers and the like; speed     used does not exceed 40 °/o of the ex works price of
              indicators and tachometers, other than those of       the product
              heading No 9014 or 9015 ; stroboscopes
    9030      Oscilloscopes, spectrum analysers and other instru­   Manufacture in which the value of all the materials
              ments and apparatus for measuring or checking         used does not exceed 40 °/e of the ex works price of
              electrical quantities, excluding meters of heading    the product
              No 9028 ; instruments and apparatus for measuring
              or detecting alpha, beta, gamma, X-ray, cosmic or
              other ionizing radiations
    9031      Measuring or checking instruments, appliances and     Manufacture in which the value of all the materials
              machines, not specified or included elsewhere in      used does not exceed 40 % of the ex works price of
              this chapter; profile projectors                      the product
    9032      Automatic regulating or controlling instruments       Manufacture in which the value of all the materials
              and apparatus                                         used does not exceed 40% of the ex works price of
                                                                    the product
    9033      Parts and accessories (not specified or included      Manufacture in which the value of all the materials
              elsewhere in this chapter) for machines, appliances,  used does not exceed 40 % of the ex works price of
              instruments or apparatus of Chapter 90                the product
ex Chapter 91 Clocks and watches and pans thereof; except for       Manufacture in which the value of all the materials
              those falling under the following headings for        used does not exceed 40 % of the ex works price of
              which the rules are set out below :                   the product
              9101 to 9105 and 9110 to 9113
    9101      Watches and clocks                                    Manufacture in which the value of all the materials
    to                                                              used does not exceed 45 % of the ex-works price of
    9105                                                            the product
    9110      Complete watch or clock movements, unassembled        Manufacture :
              or partly assembled (movement sets); incomplete       — in which the value of all the materials used does not
              watch or clock movements, assembled ; rough
              watch or clock movements                                  exceed 40 °/o of the ex works price of the product,
                                                                        and
                                                                    — where, within the above limit, the materials classi­
                                                                        fied within heading No 9114 are only used up to a
                                                                        value of 10 % of the ex works price of the product
 ---pagebreak--- No L 84/58                          Official Journal of the European Communities                                   30. 3. 90
       (1)                                (2)                                                    (3)
   9111         Watch cases and parts thereof                         Manufacture :
                                                                      — in which the value of all the materials used does not
                                                                          exceed 40 °/o of the ex works price of the product,
                                                                          and
                                                                      — where, within the above limit, the materials classi­
                                                                          fied within the same heading as the product are
                                                                          only used up to a value of 10 % of the ex works
                                                                          price of the product
   9112         Clock cases and cases of a similar type for other     Manufacture :
                goods of this chapter, and parts thereof
                                                                      — in which the value of all the materials used does not
                                                                          exceed 40 % of the ex works price of the product,
                                                                          and
                                                                      — where, within the above limit, the materials classi­
                                                                          fied within the same heading as the product are
                                                                          only used up to a value of 10 °/o 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 plated, or clad       Manufacture in which the value of all the materials
                    with precious metal                               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 accessories of such   Manufacture in which the value of all the materials
                articles                                              used does not exceed 40 % of the ex works price of
                                                                      the product
   Chapter 93   Arms and ammunitions ; parts and accessories          Manufacture in which the value of all the materials
                thereof                                               used does not exceed 50 % of the ex works price of
                                                                      the product
ex 9401         Base metal furniture, incorporating unstuffed cot­    Manufacture in which all the materials used are classi­
   and          ton cloth of a weight of 300 g/m2 or less             fied within a heading other than that of the product
ex 9403
                                                                      or
                                                                      Manufacture from cotton cloth already made up in a
                                                                      form ready for use of heading No 9401 or 9403, pro­
                                                                      vided :
                                                                      — its value does not exceed 25 % of the ex works
                                                                          price of the product, and
                                                                      — all the other materials used are already originating
                                                                          and are classified within a heading other than
                                                                          heading No 9401 or 9403
   9405         Lamps and lighting fittings including searchlights    Manufacture in which the value of all the materials
                and spotlights and parts thereof, not elsewhere       used does not exceed 50% of the ex works price of
                specified or included; illuminated signs, illuminated the product
                name-plates and the like, having a permanently
                fixed light source, and parts thereof not elsewhere
                specified or included
   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
 ---pagebreak--- 30. 3 . 90                        Official Journal of the European Communities                                  No L 84/59
        (1)                            (2)                                                      (3)
ex 9502     Dolls, with electric motors                              Manufacture in which the electric motor used must be
                                                                     originating and all other materials used must be classi-,
                                                                     fied in a heading other than that of the product
   9503     Other toys ; reduced-size ('scale') models and simi­     Manufacture in which :
            lar recreational models, working or not; puzzles of
            all kinds                                                — all the materials used are classified within a heading
                                                                         other than that of the product, and
                                                                     — provided the value of all the materials used does
                                                                         not exceed 50 % of the ex works price of the
                                                                         product
ex 9506     Finished golf club heads                                 Manufacture from roughly shaped blocks
ex 9507     Fishing rods, fish-hooks and other line fishing
            tackle ; fish landing nets, butterfly nets and similar
            nets ; decoy 'birds' (other than those of heading No
            9208 or 9705) and similar hunting or shooting
            requisites :
            — Mounted        fish   hooks   with   artificial bait ; Manufacture in which all the materials used are classi­
                mounted fishing lines including casts                fied in a heading other than that of the product. How­
                                                                     ever, materials classified in the same heading may be
                                                                     used provided their value does not exceed 25 % or the
                                                                     ex works price of the product
ex 9601     Articles of animal, vegetable or mineral carving ma­     Manufacture from 'worked' carving materials of the
   and      terials                                                  same heading
ex 9602
ex 9603     Brooms and brushes, (except for besoms and the           Manufacture in which the value of all the materials
            like and brushes made from marten or squirrel            used does not exceed 50 % of the ex works price of
            hair), hand-operated mechanical floor sweepers,          the product
            not motorized, paint pads and rollers, squeegees
            and mops
   9605     Travel sets for personal toilet, sewing or shoe or       Each item in the set must satisfy the rule which would
            clothes cleaning                                         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      Manufacture in which :
            studs, button moulds and other parts of these ar­        — all the materials used are classified within a heading
            ticles ; button blanks
                                                                         other than that of the product, and
                                                                     — the value of all the materials used does not exceed
                                                                         50 °/o of the ex works price of the product
ex 9608     Ball point pens ; felt tipped and other porous-tipped
            pens and markers ; fountain 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 foregoing articles, other than those of heading
            No 9609 :
            — Fountain pens, stylograph pens and other pens          Manufacture in which all the materials used are classi­
                 with nibs                                           fied in a heading other than that of the product. How­
                                                                     ever, nibs or nib points may be used and the other ma­
                                                                     terials classified within the same heading may also be
                                                                     used provided their value does not exceed 10 % of the
                                                                     ex works price of the product
 ---pagebreak--- No L 84/60                     Official Journal of the European Communities                                    30. 3 . 90
       (1)                          (2)                                                  (3)
   9612    Typewriter or similar ribbons, inked or otherwise    Manufacture in which
           prepared for giving impressions, whether or not on   — all the materials uSed are classified within a heading
           spools or in cartridges ; ink-pads, whether or not     other than that of the product, and
           inked, with or without boxes
                                                                — the value of all the materials used does not exceed
                                                                  50 % of the ex works price of the product
ex 9614    Smoking pipes or pipe bowls                          Manufacture from roughly shaped blocks
 ---pagebreak--- 30. 3. 90                               Official Journal of the European Communities                                      No L 84/61
                                                            ANNEX III
          Within the meaning of this Protocol 'countries and territories' shall mean the countries and territories
          referred to in Part Four of the Treaty establishing the European Economic Community listed below:
          (This list does not prejudge the status of these countries and territories, or future changes in their status.)
          1 . Country having special relations with the Kingdom of Denmark:
              — Greenland
          2. Overseas territories of the French Republic :
              — New Caledonia and Dependencies
              — French Polynesia
              — French Southern and Antarctic Territories
              — "Wallis and Futuna Islands
          3. Territorial collectivities of the French Republic:
              — Mayotte
              — Saint Pierre and Miquelon
          4. Overseas countries of the Kingdom of the Netherlands :
              — Aruba
              — Netherlands Antilles :
                 — Bonaire
                 — Curasao
                 — Saba
                 — Saint Eustatius
                 — Saint Maarten
          5. Overseas countries and territories of the United Kingdom of Great Britain and Northern Ireland:
              — Anguilla
              — Cayman Islands
              — Falkland Islands
              — South Sandwich Islands and Dependencies
              — Montserrat
              — Pitcairn
              — Saint Helena and Dependencies
              — British Antarctic Territory
              — British Indian Ocean Territory
              — Turks and Caicos Islands
              — British Virgin Islands
 ---pagebreak--- No L 84/62                                Official Journal of the European Communities                                   30. 3. 90
                                                               ANNEX IV
                                              FORM FOR MOVEMENT CERTIFICATES
           1 . Movement certificates EUR. 1 shall be made out on the form of which a specimen appears in this
               Annex. This form shall be printed in one or more of the languages in which the Convention is drawn
               up. Certificates shall be made out in one of these languages and in accordance with the provisions of the
               domestic law of the exporting State ; if they are handwritten, they shall be completed in ink and in
               capital letters.
           2. Each certificate shall measure 210 x 297 mm, a tolerance of up to plus 8 mm or minus 5 mm in the
               length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp
               and weighing not less than 65 g/m*. It shall have a printed green guilloche pattern background making
               any falsification by mechanical or chemical means apparent to the eye.
           3. The exporting States may reserve the right to print the certificates themselves or may have them printed
               by approved printers. In the latter case each certificate must include a reference to such approval. Each
               certificate must bear the name and address of the printer or a mark by which the printer can be ident­
               ified. It shall also bear a serial number, either printed or not, by which it can be identified.
           4. Forms of the kind given in Annex 4 to Decision No 1 /89 of the ACP-EEC Council of Ministers may
               continue to be used until stocks are exhausted or until 31 December 1992 at the latest.
 ---pagebreak---                                                                                                                            MOVEMENT CERTIFICATE
                                                                   1 . Exporter (Name, full address, country)                                    EUR. 1                        No A 000.000
                                                                                                                                                          8M notes overleaf bator* completing this form
      .appropriate                                                                                                                        2. Certificate used In preferential trade between
                                                                   3. Consignee (Name, full address, country) (Optional)
             as
 'bulk
                                                                                                                                                                                   ana
   in'
,packed indicate number of articles of state
                                                                                                                                                     (Insert appropriate countries, groups of countries of territories)
                                                                                                                                          4. Country, group of countries               5. Country, group of countries
                                                                                                                                             or territory In which the                    or territory of destination
                                                                                                                                             products are considered as
                                                                                                                                             originating
                                                                   6. Transport details (Optional)                                        7. Remarks
 are not
(') if goods
                                                                   8. Item number; Marks and numbers ; Number and kind of packages ( ); Description of goods                         9. Gross                  10. Invoices
                                                                                                                                                                                        mass (kg)                   (Optional)
                                                                                                                                                                                        or other mea­
                                                                                                                                                                                         sure (litres,
                                                                                                                                                                                         m', etc.)
.require
territory
          or
(*) Complete only where the regulations of the exporting country
                                                                   11 . CUSTOMS ENDORSEMENT                                                                  12. DECLARATION BY THE EXPORTER
                                                                       Declaration certified                                                                      I , the undersigned , declare that the goods
                                                                                                                                                                  described above meet the conditons required
                                                                       Export document :(*.)                                                                      for the issue of this certificate .
                                                                       Form                                 No
                                                                       Customs office
                                                                       Issuing country or territory
                                                                                                                                  Stamp
                                                                                                                                                                  Place and date
                                                                       Date
                                                                                             (Signature)                                                                                     (Signature)
 ---pagebreak---     13. REQUEST FOR VERIFICATION, to :                                14. RESULT OF VERIFICATION,
                                                                      Verification carried out shows that this certificate (')
                                                                              was issued by the customs office indicated and that
                                                                              the information contained therein is accurate .
                                                                              does not meet the requirements as to authenticity and
                                                                              accuracy (see remarks appended).
   Verification of the authenticity and accuracy of this certificate
    is requested .
                                ( Place and date )                                                ( Place ana aate)
                                                         Stamp                                                               Stamp
                     ( Signature)                                                       (Signature)
                                                                      (') Insert X in the appropriate box.
                                                                  NOTES
1 . Certificates must not contain erasures or words written over one another. Any alterations must be made by deleting the incorrect
     particulars and adding any necessary corrections. Any such alteration must be initialled by the person who completed the certifi­
     cate and endorsed by the customs authorities of the issuing country or territory.
2 . No spaces must be left between the items entered on the certificate and each item must be preceded by an item number.
     A horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner as
     to make any later additions impossible .
3 . Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified.
 ---pagebreak---                                                                                     APPLICATION FOR A MOVEMENT CERTIFICATE
                                       1 . Exporter (Name, full address, country)                              EUR . 1                       N. A 000.000
                                                                                                                       SM notes overleaf before completing this form
  .appropriate
                                                                                                        2. Application for a certificate to be used In preferential trade
                                                                                                          between
         as
                                       3. Consignee (Name, full address, country) (Optional)
 'bulk
 in'                                                                                                                                            and
indicate number of articles or state
                                                                                                                  ( Insert appropriate countries, groups of countries or territories)
                                                                                                        4. Country, group of countries              5. Country, group of countries
                                                                                                           or territory In which the                   or territory of destination
                                                                                                           products are considered as
                                                                                                           originating
                                       6. Transport details (Optional)                                  7. Remarks
,packed
 not
      are
(') if goods
                                       8. Item number; Marks and numbers ; Number and kind of packages ('); Description of goods                   9. Gross                  10. Invoices
                                                                                                                                                      mass (kg)                   (Optional )
                                                                                                                                                      or other mea­
                                                                                                                                                      sure (litres,
                                                                                                                                                      m', etc.)
 ---pagebreak---                                                      DECLARATION BY THE EXPORTER
I , the undersigned , exporter of the goods described overleaf,
DECLARE          that the goods meet the conditions required for the issue of the attached certificate ;
SPECIFY          as follows the circumstances which have enabled these goods to meet the above conditions :
SUBMIT          the following supporting documents ( 1 ) :
UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which these authorities may require
                   for the purpose of issuing the attached certificate , and undertake, if required, to agree to any inspection of my
                   accounts and to any check on the processes of manufacture of the above goods, carried out by the said authorities ;
 REQUEST the issue of the attached certificate for these goods.
                                                                                                      ( Place and date)
                                                                                                          (Signature )
 (') For example : import documents, movement certificates, invoices, manufacturer's declarations, etc., referring to the products used in manufacture
      or to the goods re-exported in the same state.
 ---pagebreak--- 30 . 3. 90                              Official Journal of the European Communities                                       No L 84/67
                                                              ANNEX V
                                                            FORM EUR. 2
           1 . Form EUR. 2, a specimen of which appears in this Annex shall be completed by the exporter. It shall be
               made out in one of the languages in which the Convention is drawn up and in accordance with the
               provisions of the domestic law of the exporting State. If it is handwritten it must be completed in ink in
               capital letters.
           2. Form EUR. 2 shall consist of a single sheet measuring 210 x 148 mm. The paper used shall be white,
               sized for writing, not containing mechanical pulp and weighing not less than 65 g/ml.
           3. The exporting States may reserve the right to print the forms themselves or may have them printed by
               printers they have approved. In the latter case each form must include a reference to such approval. In
               addition, each form shall bear the distinctive sign attributed to the approved printer and a serial number,
               either printed or not, by which it can be identified.
           4. Forms of the kind given in Annex 5 to Decision No 1 /89 of the ACP-EEC Council of Ministers may
               continue to be used until stocks are exhausted or until 31 December 1992 at the latest.
 ---pagebreak---  ---pagebreak---                                                                                                                          1    Form used In preferential trade
                          FORM EUR . 2 No                                                                                     between ( 1 )                                            and
                    2     Exporter ( Name, full address, country)                                                       3     Declaration by exporter
.side
                                                                                                                              I , the undersigned , exporter of the                goods described below,
                                                                                                                              declare that the goods comply with                   the requirements for the
the other
                                                                                                                              completion of this form and that the                 goods have obtained the
                                                                                                                              status of originating products within                the provisions governing
                                                                                                                              preferential trade shown in box 1 .
   on
                    4     Consignee ( Name , full address, country)
the instructions
                                                                                                                         5    Place and date
                                                                                                                         6    Signature of exporter
carefully           7     Remarks r)                                                                                     8    Country of origin (')                       9    Country of destination ( 4 )
this form read
                                                                                                                                                                         10    Gross mass (kg)
                   11     Marks ; Numbers of consignment ; Description of goods                                                                  12    Authority In the exporting country ( 4 )
                                                                                                                                                       responsible for verification of the declara­
                                                                                                                                                       tion by the exporter
completing
Before
                   ( 1 ) Insert the countries , groups of countries or territories concerned . (2 ) Refer to any verification already carried out by the appropriate authorities . (3) The term ' country of origin ' means
                   country, group of countries or territory where the goods are considered to be originating . (*) The term ' country* means country, group of countries or territory of destination .
 ---pagebreak---            13   Request for verification                                                               14   Result of verification
                The verification of the declaration by the exporter on the fronl                            Verification carried out shows that (')
                of this form is requested (*)                                                                     the statements and particulars given in this form are
                                                                                                                   accurate .
                                                                                                                   this form does not meet the requirements as to
                                                                                                                   accuracy and authenticity (see remarks appended)
                                                                                          19 .                                                                                       19
                             (Place and date)                                                                            ( Place and date )
                                                                                 Stamp                                                                                       Stamp
                              (Signature)                                                                                 (Signature)
)VERSO(
                                                                                                            ( 1 ) Insert X in the appropriate box.
          (*) Subsequent verifications of forms EUR . 2 shall be carried out at random or whenever the customs authorities of the importing State have reasonable doubt as to the accuracy of the
              information regarding the authenticity of the forms and the true origin of the goods in question .
                                                            Instructions for the completion of form EUR . 2
          1 . A form EUR . 2 may be made out only for goods which in the exporting country fulfil the conditions specified by the provisions governing
              the trade referred to in box 1 . These provisions must be studied carefully before the form is completed.
          2. In the case of a consignment by parcel post the exporter attaches the form to the dispatch note . In the case of a consignment by letter
             post he encloses the form in a package . The reference ' EUR . 2' and the serial number of the form should be stated on the customs green
             label declaration C1 or on the customs declaration C2/CP3, as appropriate.
          3. These instructions do not exempt the exporter from complying with any other formalities required by customs or postal regulations.
          4. An exporter who uses this form is obliged to submit to the appropriate authorities any supporting evidence which they may require and to
             agree to any inspection by them of his accounts and of the processes of manufacture of the goods described in box 11 of this form .
 ---pagebreak--- 30 . 3 . 90                                   Official Journal of the European Communities                                            No L 84/71
                                                                    ANNEX VIA
                        DECLARATION FOR PRODUCTS HAVING PREFERENTIAL ORIGIN STATUS
                I, the undersigned, declare that the goods listed on this invoice                                             (')
                were produced in                                                                                              (J)
                and satisfy the rules of origin governing preferential trade between the ACP States and the
                European Community.
                I undertake to make available to the customs authorities, if required, evidence in support of this
                declaration.
                                                                      o                                                       (4)
                                                                                                                             o
            Note :
            The text inside the box, suitably completed in conformity with the footnotes below, constitutes a suppliers'
            declaration. The footnotes do not have to be reproduced.                                                 '
            (') — If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this
                    marking entered on the declaration as follows : 1                listed on this invoice and marked           were
                    produced               '.
                — If a document other than the invoice or an annex to the invoice is used (see Article 3), the name of the document
                    concerned shall be mentioned instead of the word 'invoice'.
            (') The Community, Member State, ACP State or OCT. Where an ACP State or OCT is given, a reference must also be
                made to the Community customs office holding any EUR l(s) or EUR 2(s) concerned, giving the No of the
                certificate(s) or form(s) concerned and, if possible, the relevant customs entry No involved.
            (') Place and date. .
            (4) Name and function in company.
            (5) Signature.
 ---pagebreak--- No L 84/72                                   Official Journal of the European Communities                                                 30. 3. 90
                                                                   ANNEX VI B
                  DECLARATION FOR PRODUCTS NOT HAVING PREFERENTIAL ORIGIN STATUS
               I, the undersigned, declare that the goods listed on this invoice                                            (') were
               produced in                                       (2) and incorporate the following components or materials
               which do not have Community origin for preferential trade :
                                                        o                                      o                                    (')
                                                                                                                                    o
               I undertake to make available to the customs authorities, if required, evidence in support of this
               declaration.
                                                        O                                                                           o
                                                                                                                                    o
           Note :
           The text inside the box, suitably completed in conformity with the footnotes below, constitutes a suppliers'
           declaration. The footnotes do not have to be reproduced.
           (') — If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this
                   marking entered on the declaration as follows : '          listed on this invoice and marked           were produced
               — If a document other than the invoice or an annex to the invoice is used (see Article 3), the name of the document
                   concerned shall be mentioned instead of the word 'invoice'.
            ') The Community, Member State, ACP State or OCT.
            J) Description is to be given in all cases. The description must be adequate and should be sufficiently detailed to allow the
               tariff classification of the goods concerned to be determined.
            4) Customs values to be given only if required.
            s) Country of origin to be given only if required. The origin to be given must be a preferential origin, all other origins to
               be given as 'third country'.
            ') 'and have undergone the following processing in (the Community) (Member State) (ACP State) (OCT)                     to be
               added with a description of the processing carried out if this information is required.
            ') Place and date.
            *) Name and function in company.
           (*) Signature.
 ---pagebreak--- 30. 3 . 90                              Official Journal of the European Communities                                    No L 84/73
                                                           ANNEX VII
                                                 INFORMATION CERTIFICATE
           1 . The form of information certificate given in this Annex shall be used and be printed in one or more of
               the official languages in which the Convention is drawn up and in accordance with the provisions of the
               dometic law of the exporting State. Information certificates shall be completed in one of those
               languages ; if they are handwritten, they shall be completed in ink in capital letters. The shall bear a
               serial number, whether or not printed, by which they can be identified.
           2 . The information certificate shall measure 210 x 297 mm, a tolerance of up to plus 8 mm or minus 5 mm
               in the length may be allowed. The paper must be white, sized for writing, not containing mechanical
               pulp and weighing not less than 65 g/m2.
           3 . The national administrations may reserve the right to print the forms themselves or may have them
               printed by printers approved by them. In the latter case, each form must include a reference to such
               approval. The forms shall bear the name and address of the printer or a mark by which the printer can
               be identified.'
 ---pagebreak---  ---pagebreak---                                                  EUROPEAN COMMUNITIES
   1 . Supplier C )
                                                                         INFORMATION CERTIFICATE
                                                                                              to facilitate the issue of a
                                                                                     MOVEMENT CERTIFICATE
                                                                                         for preferential trade between the
   2. Consignee (')
                                                                                       EUROPEAN ECONOMIC
                                                                                                 COMMUNITY
                                                                                            and THE ACP-STATES
   3. Processor c 1 )                                                4. State in which the working or processing has been carried out
   6. Customs office of importation (')                              5. For official use
   7. Import document ( a )
       Form                          No
       Series
       Date
                                      GOODS SENT TO THE MEMBER STATES OF DESTINATION
   8. Marks, numbers,               9. Tariff heading number and description of goods                          10. Quantity (')
       quantity and kind of
       package
                                                                                                               11 . Value 4
                                                          IMPORTED GOODS USED
  12. Tariff heading number and description                                         13. Country of           14. Quantity O      15. Value ' '
                                                                                        origin
  16. Nature of the working or processing carried out
  17 . Remarks
  18 . CUSTOMS ENDORSEMENT                                           19 . DECLARATION BY THE SUPPLIER
       Declaration certified                                              I , the undersigned, declare that the information on this
                                                                          certificate is accurate
       Document :
       Form                             No
       Customs office                                                                   ( Place)                          (dale)
       Date
                                                    Official
                                                    stamp
                      (Signature)                                                                     (Signature)
See footnotes on verso.
 ---pagebreak--- REQUEST FOR VERIFICATION                                                    RESULT OF VERIFICATION
The undersigned customs official requests verification of the               Verification carried out by the undersigned customs official
authenticity and accuracy of this information certificate                   shows that this information certificate :
                                                                            ( a) was issued by the customs office indicated and that the
                                                                                 information contained therein is accurate (*)
                                                                            ( b) does not meet the requirements as to authenticity and
                                                                                 accuracy (see notes appended) (*)
                           ( Place and date)                                                           ( Place and date )
    Official                                                                      Official
    stamp                                                                         stamp
                                   (Official s signature)                                                      (Official's signature)
                                                                            (*) Delete where not applicable.
                                                             CROSS REFERENCES
              O Name of individual or business and full address.
              (') Optional information .
              O kg, hi , ms or other measure .
              ( 4 ) Packaging shall be considered as forming a whole with the goods contained therein . However, this
                    provision shall not apply to packaging which is not of the normal type for the article packed , and
                    which has a lasting utility value of its own, apart from its function as packaging .
              (*) The value must be indicated in accordance with the provisions on rules of origin.
 ---pagebreak--- 30. 3. 90                      Official Journal of the European Communities                                     No L 84/77
                                                  ANNEX VIII
          LIST OF PRODUCTS REFERRED TO IN ARTICLE 33 WHICH ARE TEMPORARILY
                           EXCLUDED FROM THE SCOPE OF THIS PROTOCOL
             HS heading No                                Description of product
          ex 2707            Oils in which the weight of the aromatic constituents exceeds that of the
                             non-aromatic constituents, being oils similar to mineral oils obtained by distil­
                             lation of high temperature coal tar, of which more than 65 % by volume distills at
                             a temperature of up to 250 °C (including mixtures of petroleum spirit and
                             benzole), for use as power of heating fuels
             2709 to 2715    Mineral oils and products of their distillation; bituminous substances ; mineral
                             waxes
          ex 2901            Acylic hydrocarbon for use as power or heating fuels
          ex 2902            Cyelanes and cyclenes (other than azulenes), benzene, toluene, xylenes, for use as
                             power or heating fuels
          ex 3403            Lubricating preparations containing petroleum oils or oils obtained from bitu­
                             minous minerals, provided they represent less than 70 % by weight
          ex 3404            Artificial waxes and prepared waxes with a basis of paraffin, petroleum waxes,
                             waxes obtained from bituminous minerals, slack wax or scale wax
          ex 3811            Prepared additives for lubricating oil, containing petroleum oils or oils obtained
                             from bituminous minerals
 ---pagebreak---  ---pagebreak---                                            FORM FOR APPLICATION FOR A DEROGATION                                          ANNEX IX
 1.    Commercial description of the finished product :            2. Anticipated annual quantity of exports to the Community
                                                                       (weight, No of pieces, metres or other unit)
 1.1 . Customs classification ( HS-code)
 3.    Commercial description on third country materials           4. Anticipated annual quantity of third country materials to be
                                                                       used
       Customs classification ( HS-code)
 5.    Value of third country materials                            6. Value of finished product
 7.    Origin of third country materials                           8. Reasons, why the rule' of origin for the finished product
                                                                       cannot be fulfilled
 9.    Commercial description of materials originating in the ACP 10. Anticipated annual quantity of ACP, EEC or OCT materials to
       States, EEC or OCT to be used                                   be used
11.    Value of ACP, EEC or OCT materials                         12. Working or processing carried out in the EEC or OCT or
                                                                       third country materials without obtaining origin
13 .   Duration requested for the derogation :
       from                             to
14.    Detailed description of working and processing in the ACP  15. Capital structure of the firm concerned
       States
                                                                  16 . Amount of investments made/foreseen
                                                                  17. Staff employed/expected
18 .   Value added by the working or processing in the ACP        20. Possible developments to overcome the need for a dero­
       States :                                                        gation
18.1 . Labour
18.2 . Overheads
18.3 . Others
19.    Other possible sources of supply for materials             21 . Observations
 ---pagebreak--- No L 84 / 80                              Official Journal of the European Communities                                      30 . 3 . 90
                                                                 NOTES
             1 . If the boxes in the form are not sufficient to contain all relevant information , additional pages may be
                 attached to the form. In this case , the mention 'see annex' shall be entered in the box concerned .
             2. If possible , samples or other illustrative material ( pictures, designs, catalogues, etc .) of the final
                 product and of the materials should accompany the form.
             3. A form shall be completed for each product covered by the request.
                 Boxes 3, 4, 5, 7 : 'third country' meaning any country which is not an ACP or Community State or
                                     OCT.
                 Box 12 :            If third country materials have been worked or processed in the Community or in
                                     the OCT without obtaining origin, before being further processed in the ACP State
                                     requesting the derogation, indicate the working or processing carried out in the
                                     Community or OCT.
                 Box 13 :            The dates to be indicated are the initial and final one of the period in which EUR . 1
                                     certificates may be issued under the derogation .
                 Box 18 :            Indicate either the percentage of added value in respect of the ex-works price of
                                     the product or the monetary amount of added value for unit of product.
                 Box 20:             Indicate possible further investments or suppliers differentiation which make the
                                     derogation necessary for only a limited period of time .
                 Box 20 :            If alternative sources of materials exist, indicate here what they are and, if
                                     possible, the reasons of cost or other why they are not used .
 ---pagebreak--- 30 . 3 . 90                          Official Journal of the European Communities                            No L 84 / 81
                                                       ANNEX III
                                         FOURTH ACP-EEC CONVENTION
                                                   PROTOCOL No 5
                                                       on bananas
            The Community and .the ACP States agree to the objectives of improving the conditions under
            which the ACP States' bananas are produced and marketed and of continuing the advantages
            enjoyed by traditional suppliers in accordance with the undertakings of Article 1 of this
            Protocol and agree that appropriate measures shall be taken for their implementation.
                                                         Article 1
            In respect of its banana exports to the Community markets, no ACP State shall be placed, as
            regards access to its traditional markets and its advantages on those markets, in a less
            favourable situation than in the past or at present.
                                                         Article 2
            Each of the ACP States concerned and the Community shall confer in order to determine the
            measures to be implemented so as to improve the conditions for the production and marketing
            of bananas. This aim shall be pursued through all the means available under the arrangements
            of the Convention for financial, technical, agricultural, industrial and regional cooperation.
            The measures in question shall be designed to enable the ACP States, particularly Somalia,
            account being taken of their individual circumstances, to become more competitive both on
            their traditional markets and on the markets of the Community. Measures will be implemented
            at all stages from production to consumption and will cover the following fields in particular :
            — improvement of conditions of production and enhancement of quality through action in the
                areas of research, harvesting packaging and handling,
            — internal transport and storage,
            — marketing and trade promotion.
                                                         Article 3
            For the purpose of attaining these objectives, the two parties hereby agree to confer in a
            permanent joint group, assisted by a group of experts, whose task shall be to keep under
            continuous review any specific problems arising from application of this Protocol in order to
            suggest solutions.
                                                         Article 4
            Should the banana-producing ACP States decide to set up a joint organization for the purpose
            of attaining the objectives of this Protocol, the Community shall support such an organization
            and shall give consideration to any requests it may receive for support for the organization's
            activities which fall within the scope of regional schemes under the heading of development
            finance cooperation.
 ---pagebreak--- No L 84/ 82                            Official Journal of the European Communities                                  30 . 3 . 90
                                                          ANNEX IV
                                                        Acp        CONVENTION
                                                      PROTOCOL No 6
                                                             on rum
                          Article 1                                     on the basis of a report that the Commission will
                                                                        send to the Council before 1 February 1994, the
Until the entry into force of a common organization of                  modalities for the projected abolition of the
the market in spirits, products of subheadings                          Community tariff quota, taking into account the
2208 40 10, 2208 40 90, 2208 90 11 and 2208 90 19 of
                                                                        situation and prospects on the Community rum
the combined nomenclature originating in the ACP                        market and of the ACP States' exports.
States shall be imported duty free into the Community
under conditions such as to permit the development of              (c) Where the application of point (a) hampers the
traditional trade flows between the ACP States and the                  development of a traditional trade flow between the
Community and between the Member States.                                ACP States and the Community, the Community
                                                                        shall take appropriate measures to remedy the
                                                                        situation.
                          Article 2
                                                                   (d) To the extent that the consumption of rum increases
(a) For the purposes of applying Article 167 and by the                 significantly in the Community, the Community
    derogation from Article 168 ( 1 ) of the Convention,                undertakes to carry out a new examination of the
    the Community shall each year, until 31 December                    annual rate of increase fixed by this Protocol.
     1995, fix the quantities which may be imported free
    of customs duties.                                             (e) The Community declares itself prepared to conduct
                                                                        appropriate consultations before determining the
    These quantities shall be established as follows :                  measures provided for in (c).
    — until 31 December 1993, on the basis of the
        largest annual quantities imported from the ACP            (f) The Community further declares itself willing to
                                                                        seek with the ACP States concerned measures to
        States into the Community in the last three years
        for which statistics are available, increased, in the           allow an expansion of their sales of rum on the
        period until 31 December 1992, by an annual                     Community market.
        growth rate of 37 % on the market of the United
        Kingdom and 27 °/o on the other markets of the                                       Article 3
        Community.                                                 With a view / to attaining these objectives, the parties
        However, the volume of the annual quantity shall           agree to confer within a joint working party whose role
        in no case be less than 172 000 hectolitres of pure        shall be to examine continuously any specific problems
        alcohol,                                                   arising from application of this Protocol.
    — for 1994 and 1995 , the volume of the total quota
        shall in each case be equal to that of the previous                                  Article 4
        year increased by 20 000 hectolitres of pure               At the request of the ACP States the Community, in
        alcohol.
                                                                   accordance with the provisions of Title X, Part Two of
(b) For the arrangements applicable from 1996, the                 the Convention, shall assist the ACP States in promoting
    Community shall establish, before 1 February 1995,             and expanding their sales on the Community market.
 ---pagebreak--- 30 . 3 . 90                          Official Journal of the European Communities                               No L 84 / 83
                                                         ANNEX V
                                         (FOURTH ACP-EEC CONVENTION)
                                                    PROTOCOL No 7
                                                      on beef and veal
The Community and the ACP States agree to take the                                        Article 4
special measures set out below to enable ACP States
which are traditional exporters of beef and veal to              If, in the course of a given year, one of the ACP States
maintain their position on the Community market, thus            referred to in Article 2 is not in a position to supply the
guaranteeing a certain level of income for their                 total quantity fixed and does not wish to benefit from
producers.                                                       the measures referred to in Article d, the Commission
                                                                 may share out the amount to be made up among the
                         Article 1                               other ACP States concerned. In such a case, the ACP
                                                                 States concerned shall put forward a proposal to the
Within the limits referred to in Article 2, import duties        Commission, not later than 1 October of each year,
other than customs duties applicable to beef and veal            naming the ACP State or States which will be in a
originating in the ACP States shall be reduced by 90 % .         position to supply the new additional quantity, at the
                                                                 same time indicating to it the ACP State which is not in
                         Article 2                               a position to supply the full amount allocated to it, on
                                                                 the understanding that this new temporary allocation will
Without prejudice to Article 4, the reduction in import          not affect the initial quantities.
duties provided for in Article 1 shall apply to the
following quantities of boneless meat per calendar year
and per country :                                                                         Article 5
         Botswana :                   18 916 tonnes
                                                                 This Protocol shall be implemented in accordance with
         Kenya :                          142 tonnes             the common market organization in the beef and veal
         Madagascar :                  7 579 tonnes              sector, which, however, shall not affect the obligations
         Swaziland :                   3 363 tonnes
                                                                 entered into by the Community under this Protocol.
         Zimbabwe :                    9 100 tonnes
                         Article 3                                                        Article 6
In the event of an actual or foreseeable recession in these      Should the safeguard clause in Article 177 ( 1 ) of the
exports due to disasters such as drought, cyclones or            Convention be applied in the beef and veal sector, the
animal diseases, the Community is willing to consider            Community will take the necessary measures to maintain
appropriate measures to ensure that quantities affected          the volume of exports from the ACP States to the
for these reasons in any year can be delivered in the            Community at a level compatible with its obligations
preceding year or the following year.                            under this Protocol.
 ---pagebreak--- No L 84 / 84                          Official Journal of the European Communities                            30 . 3 . 90
                                                        ANNEX VI
                                          FOURTH ACP-EEC CONVENTION
                                                    PROTOCOL No 9
                  concerning products within the province of the European Coal and Steel Community
                                                          Article 1
             Products within the province of the European Coal and Steel Community shall, when they
             originate in the ACP States, on import into the Community be admitted free of customs duties
             and charges having equivalent effect.
                                                          Article 2
             Products referred to in Article 1 originating in the Member States shall, on import into the
             ACP States, be admitted in accordance with the provisions of Part Three, Title I, Chapter 1 of
             the Convention.
                                                          Article 3
             If the offers made by firms of the ACP States are likely to be detrimental to the functioning of
             the common market and if any such detriment is attributable to a difference in the conditions
             of competition as regards prices, the Community may take appropriate measures, such as with­
             drawing the concessions referred to in Article 1 .
                                                         Article 4
             Consultations shall take place between the parties concerned in all cases where, in the opinion
             of one of them, the implementation of Articles 1 , 2 and 3 calls for such consultations.
                                                         Article 5
             The provisions laying down the rules of origin for the application of the Convention of Lom6
             shall also apply to this Protocol.
                                                         Article 6
             This Protocol shall not affect the provisions of the Treaty establishing the European Coal and
             Steel Community, or the powers of jurisdiction conferred by that Treaty.