Decision No 2/2006 of the EU-Bulgaria Association Council of 1 November 2006 amending Protocol 4 to the Europe Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation - Main contents

EN 30.12.2006 Official Journal of the European Union L 410/1

II

(Acts whose publication is not obligatory)

COUNCIL

DECISION No 2/2006 OF THE EU-BULGARIA ASSOCIATION COUNCIL

of 1 November 2006

amending Protocol 4 to the Europe Agreement, concerning the definition of the concept of "originating products" and methods of administrative cooperation

(2006/1003/EC)

THE ASSOCIATION COUNCIL,

Having regard to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part¹, hereinafter referred to as "the Agreement”, signed in Brussels on 8 March 1993, and in particular Article 38 of Protocol 4 thereto;

Whereas:

• (1) 

  Protocol 4 to the Agreement provides for the cumulation of origin between the Community and Bulgaria, Switzerland (including Liechtenstein), Iceland, Norway, Romania, and Turkey.

The extension of the system of cumulation is desirable making it possible to use materials originating in the Community, Bulgaria, Romania, Iceland, Norway, Switzerland (including Liechtenstein), the Faeroe Islands, Turkey or in any other country which is a participant in the Euro-Mediterranean partnership, based on the Barcelona Declaration adopted at the Euro-Mediterranean Conference held on 27 and 28 November 1995, in order to develop trade and promote regional integration.

(2)

• (3) 

  For the purposes of implementing the extended system of cumulation only between the countries which have fulfilled the necessary conditions and in order to avoid circumvention of customs duties, it is necessary to introduce new provisions concerning certification of origin.

• (4) 

  Goods in transit or storage on the day on which this Decision becomes applicable should be covered by transitional provisions allowing them to benefit from the extended system of cumulation.

• (5) 

  The reasons which motivated in the exclusion of agricultural products originating in Turkey from the system of cumulation are no longer valid.

• (6) 

  The Joint Declaration concerning the review of the changes to the origin rules as a result of the amendments to the Harmonised System might be applied until 31 December 2004 and therefore not need to be maintained in the Protocol after that date.

• (7) 

  Some technical amendments are required in order to correct anomalies in and between the different language versions of the text.

• (8) 

  It is therefore appropriate, for the proper functioning of the Agreement and with a view to facilitating the work of users and customs administrations, to incorporate in a new text of Protocol 4 all the provisions in question,

HAS DECIDED AS FOLLOWS:

Article 1

Protocol 4 to the Agreement, concerning the definition of the concept of "originating products” and methods of administrative cooperation, shall be replaced by the text attached hereto, together with the relevant Joint Declarations.

Article 2

This Decision shall enter into force on the day of its adoption.

It shall apply from the first day of the month following the day of its adoption.

Done at

For the Association Council The President

PROTOCOL 4

CONCERNING THE DEFINITION OF THE CONCEPT OF

"ORIGINATING PRODUCTS" AND

METHODS OF ADMINISTRATIVE COOPERATION

TABLE OF CONTENTS TITLE I

GENERAL PROVISIONS

Article 1

Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11

Article 12 Article 13 Article 14

Definitions

TITLE II

DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS" General requirements Cumulation in the Community Cumulation in Bulgaria Wholly obtained products Sufficiently worked or processed products Insufficient working or processing Unit of qualification Accessories, spare parts and tools Sets

Neutral elements

TITLE III

TERRITORIAL REQUIREMENTS Principle of territoriality Direct transport Exhibitions

TITLE IV

Article 15

Article 16 Article 17 Article 18 Article 19 Article 20

Article 21 Article 22

Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Article 31

DRAWBACK OR EXEMPTION Prohibition of drawback of, or exemption from, customs duties

TITLE V

PROOF OF ORIGIN General requirements

Procedure for the issue of a movement certificate EUR.1 or EUR-MED

Movement certificates EUR.1 or EUR-MED issued retrospectively

Issue of a duplicate movement certificate EUR.1 or EUR-MED

Issue of movement certificates EUR.1 or EUR-MED on the basis of a proof of

origin issued or made out previously

Accounting segregation

Conditions for making out an invoice declaration or an invoice declaration

EUR-MED

Approved exporter

Validity of proof of origin

Submission of proof of origin

Importation by instalments

Exemptions from proof of origin

Supporting documents

Preservation of proof of origin and supporting documents Discrepancies and formal errors Amounts expressed in euro

Annex IVb:    Text of the invoice declaration EUR-MED

Joint Declarations

Joint declaration concerning the Principality of Andorra Joint declaration concerning the Republic of San Marino

TITLE I

GENERAL PROVISIONS

Article 1 Definitions

For the purposes of this Protocol:

(a)    "manufacture" means any kind of working or processing including assembly or specific operations;

(b)    "material" means any ingredient, raw material, component or part, etc., used in the manufacture of the product;

(c)    "product" means the product being manufactured, even if it is intended for later use in another manufacturing operation;

(d)    "goods" means both materials and products;

(e)    "customs value" means the value as determined in accordance with the 1994 Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade (WTO Agreement on customs valuation);

(f)    "ex-works price" means the price paid for the product ex works to the manufacturer in the Community or in Bulgaria in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the product obtained is exported;

(g)    "value of materials” means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the Community or in Bulgaria;

(h)    "value of originating materials" means the value of such materials as defined in (g) applied mutatis mutandis;

(i)    "value added" shall be taken to be the ex-works price minus the customs value of each of the materials incorporated which originate in the other countries referred to in Articles 3 and 4 with which cumulation is applicable or, where the customs value is not known or cannot be ascertained, the first ascertainable price paid for the materials in the Community or in Bulgaria;

(j)    "chapters" and "headings" mean the chapters and the headings (four-digit codes) used in the nomenclature which makes up the Harmonised Commodity Description and Coding System, referred to in this Protocol as "the Harmonised System" or "HS";

(k)    "classified" refers to the classification of a product or material under a particular heading;

(l)    "consignment" means products which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice;

(m)    "territories" includes territorial waters.

TITLE II

DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS"

Article 2

General requirements

• 1. 

  For the purpose of implementing the Agreement, the following products shall be considered as originating in the Community:

(a)    products wholly obtained in the Community within the meaning of Article 5;

(b)    products obtained in the Community incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the Community within the meaning of Article 6;

(c)    goods originating in the European Economic Area (EEA) within the meaning of Protocol 4 to the Agreement on the European Economic Area.

• 2. 

  For the purpose of implementing the Agreement, the following products shall be considered as originating in Bulgaria:

(a)    products wholly obtained in Bulgaria within the meaning of Article 5;

(b)    products obtained in Bulgaria incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in Bulgaria within the meaning of Article 6.

Article 3

Cumulation in the Community

• 1. 

  Without prejudice to the provisions of Article 2 (1), products shall be considered as originating in the Community if they are obtained there, incorporating materials originating in Bulgaria, Switzerland (including Liechtenstein)!, Iceland, Norway, Romania, Turkey or in the Community, provided that the working or processing carried out in the Community goes beyond the operations referred to in Article 7. It shall not be necessary for such materials to have undergone sufficient working or processing.

• 2. 

  Without prejudice to the provisions of Article 2(1), products shall be considered as originating in the Community if they are obtained there, incorporating materials originating in the Faroe Islands or in any country which is a participant in the Euro-Mediterranean partnership, based on the Barcelona Declaration adopted at the Euro-Mediterranean Conference held on 27 and 28 November 1995, other than Turkey2, provided that the working or processing carried out in the Community goes beyond the operations referred to in Article 7. It shall not be necessary for such materials to have undergone sufficient working or processing.

1    The Principality of Liechtenstein has a customs union with Switzerland, and is a Contracting Party to the Agreement to the European Economic Area.

2    Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Syria, Tunisia, West Bank and Gaza Strip.

• 3. 

  Where the working or processing carried out in the Community does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in the Community only where the value added there is greater than the value of the materials used originating in any one of the other countries referred to in paragraphs 1 and 2. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in the Community.

• 4. 

  Products, originating in one of the countries referred to in paragraphs 1 and 2, which do not undergo any working or processing in the Community, retain their origin if exported into one of these countries.

• 5. 

  The cumulation provided for in this Article may be applied only provided that:

(a)    a preferential trade agreement in accordance with Article XXIV of the

General Agreement on Tariffs and Trade (GATT) is applicable between the countries involved in the acquisition of the originating status and the country of destination;

(b)    materials and products have acquired originating status by the application of rules of origin identical to those given in this Protocol;

and

(c)    notices indicating the fulfilment of the necessary requirements to apply cumulation have been published in the Official Journal of the European Union (C series) and in Bulgaria according to its own procedures.

The cumulation provided for in this Article shall apply from the date indicated in the notice published in the Official Journal of the European Union (C series).

The Community shall provide Bulgaria, through the Commission of the European Communities, with details of the Agreements, including their dates of entry into force, and their corresponding rules of origin, which are applied with the other countries referred to in paragraphs 1 and 2.

Article 4

Cumulation in Bulgaria

• 1. 

  Without prejudice to the provisions of Article 2(2), products shall be considered as originating in Bulgaria if they are obtained there, incorporating materials originating in Bulgaria, Switzerland (including Liechtenstein)! Iceland, Norway, Romania, Turkey or in the Community, provided that the working or processing carried out in Bulgaria goes beyond the operations referred to in Article 7. It shall not be necessary for such materials to have undergone sufficient working or processing.

• 2. 

  Without prejudice to the provisions of Article 2(2), products shall be considered as originating in Bulgaria if they are obtained there, incorporating materials originating in the Faroe Islands or in any country which is a participant in the Euro-Mediterranean partnership, based on the Barcelona Declaration adopted at the Euro-Mediterranean Conference held on 27 and 28 November 1995, other than Turkey2, provided that the working or processing carried out in Bulgaria goes beyond the operations referred to in Article 7. It shall not be necessary for such materials to have undergone sufficient working or processing.

1    The Principality of Liechtenstein has a customs union with Switzerland and is a Contracting Party to the Agreement of the European Economic Area.

2    Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Syria, Tunisia, West Bank and Gaza Strip.

Where the working or processing carried out in Bulgaria does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in Bulgaria only where the value added there is greater than the value of the materials used originating in any one of the other countries referred to in paragraphs 1 and 2. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in Bulgaria.

3.

4.

5.

Products originating in one of the countries referred to in paragraphs 1 and 2 which do not undergo any working or processing in Bulgaria, retain their origin if exported into one of these countries.

The cumulation provided for in this Article may be applied only provided that:

(a)    a preferential trade agreement in accordance with Article XXIV of the General Agreement on Tariffs and Trade (GATT) is applicable between the countries involved in the acquisition of the originating status and the country of destination;

(b)    materials and products have acquired originating status by the application of rules of origin identical to those given in this Protocol;

and

(c)    notices indicating the fulfilment of the necessary requirements to apply cumulation have been published in the Official Journal of the European Union (C series) and in Bulgaria according to its own procedures.

The cumulation provided for in this Article shall apply from the date indicated in the notice published in the Official Journal of the European Union (C series).

Bulgaria shall provide the Community, through the Commission of the European Communities with details of the Agreements, including their dates of entry into force, and their corresponding rules of origin, which are applied with the other countries referred to in paragraphs 1 and 2.

Article 5

Wholly obtained products

1.

The following shall be considered as wholly obtained in the Community or in Bulgaria:

(a)    mineral products extracted from their soil or from their seabed;

(b)    vegetable products harvested there;

(c)    live animals born and raised there;

(d)    products from live animals raised there;

(e)    products obtained by hunting or fishing conducted there;

(f)    products of sea fishing and other products taken from the sea outside the territorial waters of the Community or of Bulgaria by their vessels;

(g)    products made aboard their factory ships exclusively from products referred to in (f);

(h)    used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or for use as waste;

(i)    waste and scrap resulting from manufacturing operations conducted there;

(j)    products extracted from marine soil or subsoil outside their territorial waters provided that they have sole rights to work that soil or subsoil;

(k)    goods produced there exclusively from the products specified in (a) to (j).

2.

The terms "their vessels” and "their factory ships" in paragraph 1(f) and (g) shall apply

only to vessels and factory ships:

(a)    which are registered or recorded in a Member State of the Community or in Bulgaria;

(b)    which sail under the flag of a Member State of the Community or of Bulgaria;

(c)    which are owned to an extent of at least 50% by nationals of a Member State of the Community or of Bulgaria, or by a company with its head office in one of these States, of which the manager or managers, Chairman of the Board of Directors or the Supervisory Board, and the majority of the members of such boards are nationals of a Member State of the Community or of Bulgaria and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to those States or to public bodies or nationals of the said States;

(d)    of which the master and officers are nationals of a Member State of the Community or of Bulgaria;

and

(e)    of which at least 75% of the crew are nationals of a Member State of the Community or of Bulgaria.

Article 6

Sufficiently worked or processed products

• 1. 

  For the purposes of Article 2, products which are not wholly obtained shall be considered to be sufficiently worked or processed when the conditions set out in the list in Annex II are fulfilled.

The conditions referred to above indicate, for all products covered by the Agreement, the working or processing which must be carried out on non-originating materials used in manufacturing and apply only in relation to such materials. It follows that if a product which has acquired originating status by fulfilling the conditions set out in the list is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.

• 2. 

  Notwithstanding paragraph 1, non-originating materials which, according to the conditions set out in the list in Annex II, shall not be used in the manufacture of a product may nevertheless be used, provided that:

(a)    their total value does not exceed 10% of the ex-works price of the product;

(b)    any of the percentages given in the list for the maximum value of non-originating materials are not exceeded by virtue of this paragraph.

This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonised System.

3.

Paragraphs 1 and 2 shall apply subject to the provisions of Article 7.

Article 7

Insufficient working or processing

1.

Without prejudice to paragraph 2, the following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 6 are satisfied:

(a)    preserving operations to ensure that the products remain in good condition during transport and storage;

(b)    breaking-up and assembly of packages;

(c)    washing, cleaning; removal of dust, oxide, oil, paint or other coverings;

(d)    ironing or pressing of textiles;

(e)    simple painting and polishing operations;

(f)    husking, partial or total bleaching, polishing, and glazing of cereals and rice;

(g)    operations to colour sugar or form sugar lumps;

(h)    peeling, stoning and shelling, of fruits, nuts and vegetables;

(i)    sharpening, simple grinding or simple cutting;

(j)    sifting, screening, sorting, classifying, grading, matching; (including the making-up of sets of articles);

(k)    simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;

(l)    affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging;

(m)    simple mixing of products, whether or not of different kinds;

(n)    simple assembly of parts of articles to constitute a complete article or disassembly of products into parts;

(o)    a combination of two or more operations specified in (a) to (n);

(p)    slaughter of animals.

2.

1.

All operations carried out either in the Community or in Bulgaria on a given product shall be considered together when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.

Article 8

Unit of qualification

The unit of qualification for the application of the provisions of this Protocol shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonised System.

It follows that:

(a) when a product composed of a group or assembly of articles is classified under the terms of the Harmonised System in a single heading, the whole constitutes the unit of qualification;

(b) when a consignment consists of a number of identical products classified under the same heading of the Harmonised System, each product must be taken individually when applying the provisions of this Protocol.

• 2. 

  Where, under General Rule 5 of the Harmonised System, packaging is included with the

product for classification purposes, it shall be included for the purposes of determining origin.

Article 9

Accessories, spare parts and tools

Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

Article 10 Sets

Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15% of the ex-works price of the set.

Article 11 Neutral elements

In order to determine whether a product is an originating product, it shall not be necessary to determine the origin of the following which might be used in its manufacture:

(a)    energy and fuel;

(b)    plant and equipment;

(c)    machines and tools;

(d)    goods which neither enter into the final composition of the product nor are intended to do so.

TITLE III

TERRITORIAL REQUIREMENTS

Article 12

Principle of territoriality

• 1. 

  Except as provided for in Article 2(l)(c), Articles 3 and 4 and paragraph 3 of this Article, the conditions for acquiring originating status set out in Title II must be fulfilled without interruption in the Community or in Bulgaria.

• 2. 

  Except as provided for in Articles 3 and 4, where originating goods exported from the Community or from Bulgaria to another country return, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

(a)    the returning goods are the same as those exported; and

(b)    they have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.

• 3. 

  The acquisition of originating status in accordance with the conditions set out in Title II shall not be affected by working or processing done outside the Community or Bulgaria on materials exported from the Community or from Bulgaria and subsequently re-imported there, provided:

(a)    the said materials are wholly obtained in the Community or in Bulgaria or have undergone working or processing beyond the operations referred to in Article 7 prior to being exported;

and

(b)    it can be demonstrated to the satisfaction of the customs authorities that:

• i) 

  the re-imported goods have been obtained by working or processing the exported materials;

and

• ii) 

  the total added value acquired outside the Community or Bulgaria by applying the provisions of this Article does not exceed 10% of the ex-works price of the end product for which originating status is claimed.

4.

For the purposes of paragraph 3, the conditions for acquiring originating status set out in Title II shall not apply to working or processing done outside the Community or Bulgaria. However, where, in the list in Annex II, a rule setting a maximum value for all the non-originating materials incorporated is applied in determining the originating status of the end product, the total value of the non-originating materials incorporated in the territory of the party concerned, taken together with the total added value acquired outside the Community or Bulgaria by applying the provisions of this Article, shall not exceed the stated percentage.

• 5. 

  For the purposes of applying the provisions of paragraphs 3 and 4, "total added value” shall be taken to mean all costs arising outside the Community or Bulgaria, including the value of the materials incorporated there.

• 6. 

  The provisions of paragraphs 3 and 4 shall not apply to products which do not fulfil the conditions set out in the list in Annex II or which can be considered sufficiently worked or processed only if the general tolerance fixed in Article 6(2) is applied.

• 7. 

  The provisions of paragraphs 3 and 4 shall not apply to products of Chapters 50 to 63 of the Harmonised System.

• 8. 

  Any working or processing of the kind covered by this Article and done outside the Community or Bulgaria shall be done under the outward processing arrangements, or similar arrangements.

Article 13 Direct transport

• 1. 

  The preferential treatment provided for under the Agreement applies only to products, satisfying the requirements of this Protocol, which are transported directly between the Community and Bulgaria or through the territories of the other countries referred to in Articles 3 and 4 with which cumulation is applicable. However, products constituting one single consignment may be transported through other territories with, should the occasion arise, trans-shipment or temporary warehousing in such territories, provided that they remain under the surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.

Originating products may be transported by pipeline across territory other than that of the Community or Bulgaria.

2.

Evidence that the conditions set out in paragraph 1 have been fulfilled shall be supplied to the customs authorities of the importing country by the production of:

(a)    a single transport document covering the passage from the exporting country through the country of transit; or

(b)    a certificate issued by the customs authorities of the country of transit:

(i)    giving an exact description of the products;

(ii)    stating the dates of unloading and reloading of the products and, where applicable, the names of the ships, or the other means of transport used;

and

(iii)    certifying the conditions under which the products remained in the transit country; or

(c)    failing these, any substantiating documents.

Article 14 Exhibitions

Originating products, sent for exhibition in a country other than those referred to in Articles 3 and 4 with which cumulation is applicable and sold after the exhibition for importation in the Community or in Bulgaria shall benefit on importation from the provisions of the Agreement provided it is shown to the satisfaction of the customs authorities that:

(a)    an exporter has consigned these products from the Community or from Bulgaria to the country in which the exhibition is held and has exhibited them there;

(b)    the products have been sold or otherwise disposed of by that exporter to a person in the Community or in Bulgaria;

(c)    the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition;

and

(d)    the products have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition.

• 2. 

  A proof of origin shall be issued or made out in accordance with the provisions of Title V and submitted to the customs authorities of the importing country in the normal manner. The name and address of the exhibition shall be indicated thereon. Where necessary, additional documentary evidence of the conditions under which the products have been exhibited may be required.

• 3. 

  Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.

TITLE IV

DRAWBACK OR EXEMPTION

Article 15

Prohibition of drawback of, or exemption from, customs duties

1.

2.

(a)    Non-originating materials used in the manufacture of products originating in the Community, in Bulgaria or in one of the other countries referred to in Articles 3 and 4 for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in the Community or in Bulgaria to drawback of, or exemption from, customs duties of whatever kind.

(b)    Products falling within Chapter 3 and headings 1604 and 1605 of the Harmonised System and originating in the Community as provided for in Article 2(1)(c), for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in the Community to drawback of, or exemption from, customs duties of whatever kind.

The prohibition in paragraph 1 shall apply to any arrangement for refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect, applicable in the Community or in Bulgaria to materials used in the manufacture and to products covered by paragraph 1(b), where such refund, remission or non-payment applies, expressly or in effect, when products obtained from the said materials are exported and not when they are retained for home use there.

• 3. 

  The exporter of products covered by a proof of origin shall be prepared to submit at any time, upon request from the customs authorities, all appropriate documents proving that no drawback has been obtained in respect of the non-originating materials used in the manufacture of the products concerned and that all customs duties or charges having equivalent effect applicable to such materials have actually been paid.

• 4. 

  The provisions of paragraphs 1 to 3 shall also apply in respect of packaging within the meaning of Article 8(2), accessories, spare parts and tools within the meaning of Article 9 and products in a set within the meaning of Article 10 when such items are non-originating.

• 5. 

  The provisions of paragraphs 1 to 4 shall apply only in respect of materials which are of the kind to which the Agreement applies. Furthermore, they shall not preclude the application of an export refund system for agricultural products, applicable upon export in accordance with the provisions of the Agreement.

TITLE V

PROOF OF ORIGIN

Article 16

General requirements

1.

2.

Products originating in the Community shall, on importation into Bulgaria, and products originating in Bulgaria shall, on importation into the Community benefit from the provisions of the Agreement upon submission of one of the following proofs of origin:

(a)    a movement certificate EUR.1, a specimen of which appears in Annex IIIa;

(b)    a movement certificate EUR-MED, a specimen of which appears in Annex IIIb;

(c)    in the cases specified in Article 22(1), a declaration, subsequently referred to as the "invoice declaration" or the "invoice declaration EUR-MED", given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified; the texts of the invoice declarations appear in Annexes IVa and b.

Notwithstanding paragraph 1, originating products within the meaning of this Protocol shall, in the cases specified in Article 27, benefit from the provisions of the Agreement without it being necessary to submit any of the proofs of origin referred to in paragraph 1.

Article 17

Procedure for the issue of a movement certificate EUR.1 or EUR-MED

• 1. 

  A movement certificate EUR.1 or EUR-MED shall be issued by the customs authorities of the exporting country on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorised representative.

• 2. 

  For this purpose, the exporter or his authorised representative shall fill in both the movement certificate EUR.1 or EUR-MED and the application form, specimens of which appear in the Annexes IIIa and b. These forms shall be completed in one of the languages in which the Agreement is drawn up and in accordance with the provisions of the national law of the exporting country. If the forms are handwritten, they shall be completed in ink in printed characters. The description of the products shall be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line shall be drawn below the last line of the description, the empty space being crossed through.

• 3. 

  The exporter applying for the issue of a movement certificate EUR.1 or EUR-MED shall be prepared to submit at any time, at the request of the customs authorities of the exporting country where the movement certificate EUR.1 or EUR-MED is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol.

Without prejudice to paragraph 5, a movement certificate EUR.1 shall be issued by the customs authorities of a Member State of the Community or of Bulgaria in the following cases:

4.

5.

• - 

  if the products concerned can be considered as products originating in the Community, in Bulgaria or in one of the other countries referred to in Articles 3(1) and 4(1) with which cumulation is applicable, without application of cumulation with materials originating in one of the countries referred to in Articles 3(2) and 4(2), and fulfil the other requirements of this Protocol;

• - 

  if the products concerned can be considered as products originating in one of the countries referred to in Articles 3(2) and 4(2) with which cumulation is applicable, without application of cumulation with materials originating in one of the countries referred to in Articles 3 and 4 and fulfil the other requirements of this Protocol, provided a certificate EUR-MED or an invoice declaration EUR-MED has been issued in the country of origin.

A movement certificate EUR-MED shall be issued by the customs authorities of a Member State of the Community or of Bulgaria, if the products concerned can be considered as products originating in the Community, in Bulgaria or in one of the other countries referred to in Articles 3 and 4 with which cumulation is applicable, fulfil the requirements of this Protocol and:

cumulation was applied with materials originating in one of the countries referred to in Articles 3(2) and 4(2), or

• - 

  the products may be used as materials in the context of cumulation for the manufacture of products for export to one of the countries referred to in Articles 3(2) and 4(2), or

• - 

  the products may be re-exported from the country of destination to one of the countries referred to in Articles 3(2) and 4(2).

6.

7.

A movement certificate EUR-MED shall contain one of the following statements in English in Box 7:

• - 

  if origin has been obtained by application of cumulation with materials originating in one or more of the countries referred to in Articles 3 and 4:

"CUMULATION APPLIED WITH......" (name of the country/countries)

• - 

  if origin has been obtained without the application of cumulation with materials originating in one or more of the countries referred to in Articles 3 and 4:

"NO CUMULATION APPLIED"

The customs authorities issuing movement certificates EUR.1 or EUR-MED shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of this Protocol. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate. They shall also ensure that the forms referred to in paragraph 2 are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.

The date of issue of the movement certificate EUR.1 or EUR-MED shall be indicated in Box 11 of the certificate.

8.

9.

1.

A movement certificate EUR.1 or EUR-MED shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.

Article 18

Movement certificates EUR.1 or EUR-MED issued retrospectively

Notwithstanding Article 17(9), a movement certificate EUR.1 or EUR-MED may exceptionally be issued after exportation of the products to which it relates if:

(a)    it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances;

or

(b)    it is demonstrated to the satisfaction of the customs authorities that a movement certificate EUR.1 or EUR-MED was issued but was not accepted at importation for technical reasons.

Notwithstanding Article 17(9), a movement certificate EUR-MED may be issued after exportation of the products to which it relates and for which a movement certificate EUR.1 was issued at the time of exportation, provided that it is demonstrated to the satisfaction of the customs authorities that the conditions referred to in Article 17(5) are satisfied.

• 3. 

  For the implementation of paragraphs 1 and 2, the exporter shall indicate in his application the place and date of exportation of the products to which the movement certificate EUR.1 or EUR-MED relates, and state the reasons for his request.

• 4. 

  The customs authorities may issue a movement certificate EUR.1 or EUR-MED retrospectively only after verifying that the information supplied in the exporter's application complies with that in the corresponding file.

• 5. 

  Movement certificates EUR.1 or EUR-MED issued retrospectively shall be endorsed with the following phrase in English:

"ISSUED RETROSPECTIVELY"

Movement certificates EUR-MED issued retrospectively by application of paragraph 2 shall be endorsed with the following phrase in English:

"ISSUED RETROSPECTIVELY (Original EUR.1 no..........[date and place of issue]"

• 6. 

  The endorsement referred to in paragraph 5 shall be inserted in Box 7 of the movement certificate EUR.1 or EUR-MED.

Article 19

Issue of a duplicate movement certificate EUR.1 or EUR-MED

• 1. 

  In the event of theft, loss or destruction of a movement certificate EUR.1 or EUR-MED, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession.

• 2. 

  The duplicate issued in this way shall be endorsed with the following word in English: DUPLICATE

• 3. 

  The endorsement referred to in paragraph 2 shall be inserted in Box 7 of the duplicate movement certificate EUR.1 or EUR-MED.

• 4. 

  The duplicate, which shall bear the date of issue of the original movement certificate EUR.1 or EUR-MED, shall take effect as from that date.

Article 20

Issue of movement certificates EUR.1 or EUR-MED on the basis of a proof of origin issued or made out previously

When originating products are placed under the control of a customs office in the Community or in Bulgaria, it shall be possible to replace the original proof of origin by one or more movement certificates EUR.1 or EUR-MED for the purpose of sending all or some of these products elsewhere within the Community or Bulgaria. The replacement movement certificate(s) EUR.1 or EUR-MED shall be issued by the customs office under whose control the products are placed.

Article 21

Accounting segregation

• 1. 

  Where considerable cost or material difficulties arise in keeping separate stocks of

originating and non-originating materials which are identical and interchangeable, the customs authorities may, at the written request of those concerned, authorise the so-called "accounting segregation" method (hereinafter referred to as the "method") to be used for managing such stocks.

• 2. 

  The method must be able to ensure that, for a specific reference period, the number of products obtained which could be considered as "originating" is the same as that which would have been obtained had there had been physical segregation of the stocks.

• 3. 

  The customs authorities may make the grant of authorisation referred to in paragraph 1 subject to any conditions deemed appropriate.

• 4. 

  The method shall be applied and the application thereof shall be recorded on the basis of the general accounting principles applicable in the country where the product was manufactured.

• 5. 

  The beneficiary of the method may make out or apply for proofs of origin, as the case may be, for the quantity of products which may be considered as originating. At the request of the customs authorities, the beneficiary shall provide a statement of how the quantities have been managed.

• 6. 

  The customs authorities shall monitor the use made of the authorisation and may withdraw it whenever the beneficiary makes improper use of the authorisation in any manner whatsoever or fails to fulfil any of the other conditions laid down in this Protocol.

Article 22

Conditions for making out an invoice declaration or an invoice declaration EUR-MED

• 1. 

  An invoice declaration or an invoice declaration EUR-MED as referred to in Article 16(1)(c) may be made out:

(a) by an approved exporter within the meaning of Article 23,

or

(b) by any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed EUR 6 000.

• 2. 

  Without prejudice to paragraph 3, an invoice declaration may be made out in the following cases:

• - 

  if the products concerned may be considered as products originating in the Community, in Bulgaria or in one of the other countries referred to in Articles 3(1) and 4(1) with which cumulation is applicable, without application of cumulation with materials originating in one of the countries referred to in Articles 3(2) and 4(2), and fulfil the other requirements of this Protocol;

• - 

  if the products concerned may be considered as products originating in one of the countries referred to in Articles 3(2) and 4(2) with which cumulation is applicable, without application of cumulation with materials originating in one of the countries referred to in Articles 3 and 4 and fulfil the other requirements of this Protocol, provided a certificate EUR-MED or an invoice declaration EUR-MED has been issued in the country of origin.

• 3. 

  An invoice declaration EUR-MED may be made out if the products concerned may be considered as products originating in the Community, in Bulgaria or in one of the other countries referred to in Articles 3 and 4 with which cumulation is applicable, fulfil the requirements of this Protocol and:

• - 

  cumulation was applied with materials originating in one of the countries referred to in Articles 3(2) and 4(2), or

• - 

  the products may be used as materials in the context of cumulation for the manufacture of products for export to one of the countries referred to in Articles 3(2) and 4(2), or

• - 

  the products may be re-exported from the country of destination to one of the countries referred to in Articles 3(2) and 4(2).

4.

An invoice declaration EUR-MED shall contain one of the following statements in English:

• - 

  if origin has been obtained by application of cumulation with materials originating in one or more of the countries referred to in Articles 3 and 4:

"CUMULATION APPLIED WITH......" (name of the country/countries)

• - 

  if origin has been obtained without application of cumulation with materials originating in one or more of the countries referred to in Articles 3 and 4:

"NO CUMULATION APPLIED"

The exporter making out an invoice declaration or an invoice declaration EUR-MED shall be prepared to submit at any time, at the request of the customs authorities of the exporting country, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol.

An invoice declaration or an invoice declaration EUR-MED shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annexes IVa and b, using one of the linguistic versions set out in these Annexes and in accordance with the provisions of the national law of the exporting country. If the declaration is handwritten, it shall be written in ink in printed characters.

6.

7.

Invoice declarations and invoice declarations EUR-MED shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 23 shall not be required to sign such declarations provided that he gives the customs authorities of the exporting country a written undertaking that he accepts full responsibility for any invoice declaration which identifies him as if it had been signed in manuscript by him.

An invoice declaration or an invoice declaration EUR-MED may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that it is presented in the importing country at the latest two years after the importation of the products to which it relates.

Article 23 Approved exporter

1.

2.

3.

4.

The customs authorities of the exporting country may authorise any exporter (hereinafter referred to as "approved exporter”), who makes frequent shipments of products under the Agreement to make out invoice declarations or invoice declarations EUR-MED irrespective of the value of the products concerned. An exporter seeking such authorisation shall offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Protocol.

The customs authorities may grant the status of approved exporter subject to any conditions which they consider appropriate.

The customs authorities shall grant to the approved exporter a customs authorisation number which shall appear on the invoice declaration or on the invoice declaration EUR-MED.

The customs authorities shall monitor the use of the authorisation by the approved exporter.

The customs authorities may withdraw the authorisation at any time. They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, no longer fulfils the conditions referred to in paragraph 2 or otherwise makes an incorrect use of the authorisation.

Article 24

Validity ofproof of origin

• 1. 

  A proof of origin shall be valid for four months from the date of issue in the exporting country and shall be submitted within the said period to the customs authorities of the importing country.

• 2. 

  Proofs of origin which are submitted to the customs authorities of the importing country after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit these documents by the final date set is due to exceptional circumstances.

• 3. 

  In other cases of belated presentation, the customs authorities of the importing country may accept the proofs of origin where the products have been submitted before the said final date.

Article 25

Submission ofproof of origin

Proofs of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. The said authorities may require a translation of a proof of origin and may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for the implementation of the Agreement.

Article 26

Importation by instalments

Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonised System falling within Sections XVI and XVII or headings 7308 and 9406 of the Harmonised System are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.

Article 27

Exemptions from proof of origin

• 1. 

  Products sent as small packages from private persons to private persons or forming part of travellers' personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Protocol and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on customs declaration CN22/CN23 or on a sheet of paper annexed to that document.

• 2. 

  Imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the products that no commercial purpose is in view.

• 3. 

  Furthermore, the total value of these products shall not exceed EUR 500 in the case of small packages or EUR 1 200 in the case of products forming part of travellers' personal luggage.

Article 28

Supporting documents

The documents referred to in Articles 17(3) and 22(5) used for the purpose of proving that products covered by a movement certificate EUR.1 or EUR-MED or an invoice declaration or invoice declaration EUR-MED may be considered as products originating in the Community, in Bulgaria or in one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Protocol may consist inter alia of the following:

(a)    direct evidence of the processes carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal bookkeeping;

(b)    documents proving the originating status of materials used, issued or made out in the Community or in Bulgaria where these documents are used in accordance with national law;

(c)    documents proving the working or processing of materials in the Community or in Bulgaria, issued or made out in the Community or in Bulgaria, where these documents are used in accordance with national law;

(d)    movement certificates EUR.1 or EUR-MED or invoice declarations or invoice declarations EUR-MED proving the originating status of materials used, issued or made out in the Community or in Bulgaria in accordance with this Protocol, or in one of the other countries referred to in Articles 3 and 4, in accordance with rules of origin which are identical to the rules in this Protocol;

(e)    appropriate evidence concerning working or processing undergone outside the Community or Bulgaria by application of Article 12, proving that the requirements of that Article have been satisfied.

Article 29

Preservation of proof of origin and supporting documents

• 1. 

  The exporter applying for the issue of a movement certificate EUR.1 or EUR-MED shall keep for at least three years the documents referred to in Article 17(3).

• 2. 

  The exporter making out an invoice declaration or invoice declaration EUR-MED shall keep for at least three years a copy of this invoice declaration as well as the documents referred to in Article 22(5).

• 3. 

  The customs authorities of the exporting country issuing a movement certificate EUR.1 or EUR-MED shall keep for at least three years the application form referred to in

Article 17(2).

• 4. 

  The customs authorities of the importing country shall keep for at least three years the movement certificates EUR.1 and EUR-MED and the invoice declarations and invoice declarations EUR-MED submitted to them.

Article 30

Discrepancies and formal errors

• 1. 

  The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that this document does correspond to the products submitted.

• 2. 

  Obvious formal errors such as typing errors on a proof of origin should not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in this document.

Article 31

Amounts expressed in euro

• 1. 

  For the application of the provisions of Article 22(l)(b) and Article 27(3) in cases where products are invoiced in a currency other than euro, amounts in the national currencies of the Member States of the Community, of Bulgaria and of the other countries referred to in Articles 3 and 4 equivalent to the amounts expressed in euro shall be fixed annually by each of the countries concerned.

• 2. 

  A consignment shall benefit from the provisions of Article 22(1)(b) or Article 27(3) by reference to the currency in which the invoice is drawn up, according to the amount fixed by the country concerned.

• 3. 

  The amounts to be used in any given national currency shall be the equivalent in that currency of the amounts expressed in euro as at the first working day of October each year. The amounts shall be communicated to the Commission of the European Communities by 15 October and shall apply from 1 January the following year. The Commission of the European Communities shall notify all countries concerned of the relevant amounts.

• 4. 

  A country may round up or down the amount resulting from the conversion into its national currency of an amount expressed in euro. The rounded-off amount may not differ from the amount resulting from the conversion by more than 5%. A country may retain unchanged its national currency equivalent of an amount expressed in euro if, at the time of the annual adjustment provided for in paragraph 3, the conversion of that amount, prior to any rounding-off, results in an increase of less than 15% in the national currency equivalent. The national currency equivalent may be retained unchanged if the conversion were to result in a decrease in that equivalent value.

• 5. 

  The amounts expressed in euro shall be reviewed by the Association Committee at the request of the Community or of Bulgaria. When carrying out this review, the Association Committee shall consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euro.

TITLE VI

ARRANGEMENTS FOR ADMINISTRATIVE CO-OPERATION

Article 32 Mutual assistance

1.

2.

The customs authorities of the Member States of the Community and of Bulgaria shall provide each other, through the Commission of the European Communities, with specimen impressions of stamps used in their customs offices for the issue of movement certificates EUR.1 and EUR-MED, and with the addresses of the customs authorities responsible for verifying those certificates, invoice declarations and invoice declarations EUR-MED.

In order to ensure the proper application of this Protocol, the Community and Bulgaria shall assist each other, through the competent customs administrations, in checking the authenticity of the movement certificates EUR.1 and EUR-MED, the invoice declarations and the invoice declarations EUR-MED and the correctness of the information given in these documents.

Article 33

Verification of proofs of origin

Subsequent verifications of proofs of origin shall be carried out at random or whenever the customs authorities of the importing country have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Protocol.

• 2. 

  For the purposes of implementing paragraph 1, the customs authorities of the importing country shall return the movement certificate EUR.1 or EUR-MED and the invoice, if it has been submitted, the invoice declaration or the invoice declaration EUR-MED, or a copy of these documents, to the customs authorities of the exporting country giving, where appropriate, the reasons for the request for verification. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.

• 3. 

  The verification shall be carried out by the customs authorities of the exporting country.

For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate.

• 4. 

  If the customs authorities of the importing country decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.

• 5. 

  The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. These results shall indicate clearly whether the documents are authentic and whether the products concerned may be considered as products originating in the Community, in Bulgaria or in one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Protocol.

• 6. 

  If in cases of reasonable doubt there is no reply within ten months of the date of the

verification request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.

Article 34 Dispute settlement

Where disputes arise in relation to the verification procedures of Article 33 which cannot be settled between the customs authorities requesting verification and the customs authorities responsible for carrying out this verification or where they raise a question as to the interpretation of this Protocol, they shall be submitted to the Association Committee.

In all cases, the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.

Article 35 Penalties

Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.

Article 36 Free zones

1.

2.

The Community and Bulgaria shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

By way of derogation from paragraph 1, when products originating in the Community or in Bulgaria are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new movement certificate EUR.1 or EUR-MED at the exporter's request, if the treatment or processing undergone complies with the provisions of this Protocol.

TITLE VII

CEUTA AND MELILLA

Article 37

Application of the Protocol

• 1. 

  The term "Community" used in Article 2 does not cover Ceuta and Melilla.

• 2. 

  Products originating in Bulgaria, when imported into Ceuta or Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the Community under Protocol 2 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities. Bulgaria shall grant to imports of products covered by the Agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the Community.

• 3. 

  For the purpose of applying paragraph 2 concerning products originating in Ceuta and Melilla, this Protocol shall apply mutatis mutandis subject to the special conditions set out in Article 38.

Article 38 Special conditions

• 1. 

  Providing they have been transported directly in accordance with Article 13, the following shall be considered as:

• (1) 

  products originating in Ceuta and Melilla:

(a)    products wholly obtained in Ceuta and Melilla;

(b)    products obtained in Ceuta and Melilla in the manufacture of which products

other than those referred to in (a) are used, provided that:

(i)    the said products have undergone sufficient working or processing within the meaning of Article 6;

or that

(ii)    those products originate in Bulgaria or in the Community, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 7.

• (2) 

  products originating in Bulgaria:

(a)    products wholly obtained in Bulgaria;

(b)    products obtained in Bulgaria, in the manufacture of which products other than

those referred to in (a) are used, provided that:

(i)    the said products have undergone sufficient working or processing within the meaning of Article 6;

or that

(ii)    those products originate in Ceuta and Melilla or in the Community, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 7.

• 2. 

  Ceuta and Melilla shall be considered as a single territory.

• 3. 

  The exporter or his authorised representative shall enter "Bulgaria" and "Ceuta and Melilla" in Box 2 of movement certificates EUR.1 or EUR-MED or on invoice declarations or on invoice declarations EUR-MED. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in Box 4 of movement certificates EUR.1 or EUR-MED or on invoice declarations or on invoice declarations EUR-MED.

• 4. 

  The Spanish customs authorities shall be responsible for the application of this Protocol in Ceuta and Melilla.

TITLE VIII

FINAL PROVISIONS

Article 39

Amendments to the Protocol

The Association Council may decide to amend the provisions of this Protocol.

Article 40

Transitional provision for goods in transit or storage

The provisions of the Agreement may be applied to goods which comply with the provisions of this Protocol and which on the date of entry into force of this Protocol are either in transit or are in the Community or in Bulgaria in temporary storage in customs warehouses or in free zones, subject to the submission to the customs authorities of the importing country, within four months of the said date, of a movement certificate EUR.1 or EUR-MED issued retrospectively by the customs authorities of the exporting country together with the documents showing that the goods have been transported directly in accordance with Article 13.

ANNEX I

INTRODUCTORY NOTES TO THE LIST IN ANNEX II

Note 1:

The list sets out the conditions required for all products to be considered as sufficiently worked or

processed within the meaning of Article 6 of the Protocol.

Note 2:

2.1.    The first two columns in the list describe the product obtained. The first column gives the heading number or chapter number used in the Harmonised 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 or 4. Where, in some cases, the entry in the first column is preceded by an "ex", this signifies that the rules in column 3 or 4 apply only to the part of that heading as described in column 2.

2.2.    Where several heading numbers are grouped together in column 1 or a chapter number is given and the description of products in column 2 is therefore given in general terms, the adjacent rules in column 3 or 4 apply to all products which, under the Harmonised System, are classified in headings of the chapter or in any of the headings grouped together in column 1.

2.3.    Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in column 3 or 4.

Where, for an entry in the first two columns, a rule is specified in both columns 3 and 4, the exporter may opt to apply either the rule set out in column 3 or that set out in column 4. If no origin rule is given in column 4, the rule set out in column 3 is to be applied.

2.4.

Note 3: 3.1.

The provisions of Article 6 of the Protocol, concerning products having acquired originating status which are used in the manufacture of other products, shall apply, regardless of whether this status has been acquired inside the factory where these products are used or in another factory in a contracting party.

Example:

An engine of heading 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 ex 7224.

If this forging has been forged in the Community from a non-originating ingot, it has already acquired originating status by virtue of the rule for heading ex 7224 in the list. The forging can then count as originating in the value-calculation for the engine, regardless of whether it was produced in the same factory or in another factory in the Community. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.

3.2.    The rule in the list represents the minimum amount of working or processing required, and the carrying-out of more working or processing also confers originating status; conversely, the carrying-out of less working or processing cannot confer originating status. Thus, if a rule provides that non-originating material, at a certain level of manufacture, may be used, the use of such material at an earlier stage of manufacture is allowed, and the use of such material at a later stage is not.

3.3.    Without prejudice to Note 3.2, where a rule uses the expression "Manufacture from materials of any heading", then materials of any heading(s) (even materials of the same description and heading as the product) may 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 ..." or "Manufacture from materials of any heading, including other materials of the same heading as the product" means that materials of any heading(s) may be used, except those of the same description as the product as given in column 2 of the list.

3.4.    When a rule in the list specifies that a product may be manufactured from more than one material, this means that one or more materials may be used. It does not require that all be used.

Example:

The rule for fabrics of headings 5208 to 5212 provides that natural fibres may be used and that chemical materials, among other materials, may also be used. This does not mean that both have to be used; it is possible to use one or the other, or both.

3.5.    Where a rule in the list specifies that a product must be manufactured from a particular material, the condition does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule. (See also Note 6.2 below in relation to textiles).

Example:

The rule for prepared foods of heading 1904, which specifically excludes the use of cereals and their derivatives, does not prevent the use of mineral salts, chemicals and other additives which are not products from cereals.

However, this does not apply to products which, although they cannot be manufactured from the particular materials specified in the list, can be produced from a material of the same nature at an earlier stage of manufacture.

Example:

In the case of an article of apparel of ex Chapter 62 made from non-woven materials, if the use of only non-originating yarn is allowed for this class of article, it is not possible to start from non-woven cloth - even if non-woven cloths cannot normally be made from yarn. In such cases, the starting material would normally be at the stage before yarn - that is, the fibre stage.

3.6.    Where, in a rule in the list, two percentages are given for the maximum value of non-originating materials that can be used, then these percentages may not be added together. In other words, the maximum value of all the non-originating materials used may never exceed the higher of the percentages given. Furthermore, the individual percentages must not be exceeded, in relation to the particular materials to which they apply.

Note 4:

4.1.    The term "natural fibres” is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres which have been carded, combed or otherwise processed, but not spun.

4.2.    The term "natural fibres" includes horsehair of heading 0503, silk of headings 5002

and 5003, as well as wool fibres and fine or coarse animal hair of headings 5101 to 5105, cotton fibres of headings 5201 to 5203, and other vegetable fibres of headings 5301 to 5305.

4.3.    The terms "textile pulp", "chemical materials" and "paper-making materials" are used in the list to describe the materials, not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.

4.4.

Note

5.1.

The term "man-made staple fibres" is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings 5501 to 5507.

5:

Where, for a given product in the list, reference is made to this Note, the conditions set out in column 3 shall not be applied to any basic textile materials used in the manufacture of this product and which, taken together, represent 10% or less of the total weight of all the basic textile materials used. (See also Notes 5.3 and 5.4.)

5.2. However, the tolerance mentioned in Note 5.1 may be applied only 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,

• - 

  current-conducting filaments,

• - 

  synthetic man-made staple fibres of polypropylene,

• - 

  synthetic man-made staple fibres of polyester,

synthetic man-made staple fibres of polyamide,

synthetic man-made staple fibres of polyacrylonitrile, synthetic man-made staple fibres of polyimide, synthetic man-made staple fibres of polytetrafluoroethylene, synthetic man-made staple fibres of poly(phenylene sulphide), synthetic man-made staple fibres of poly(vinyl chloride), other synthetic man-made staple fibres, artificial man-made staple fibres of viscose, other artificial man-made staple fibres,

yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped,

yarn made of polyurethane segmented with flexible segments of polyester, whether or not gimped,

products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film, other products of heading 5605.

Example:

A yarn, of heading 5205, made from cotton fibres of heading 5203 and synthetic staple fibres of heading 5506, is a mixed yarn. Therefore, non-originating synthetic staple fibres which do not satisfy the origin-rules (which require manufacture from chemical materials or textile pulp) may be used, provided that their total weight does not exceed 10% of the weight of the yarn.

Example:

A woollen fabric, of heading 5112, made from woollen yarn of heading 5107 and synthetic yarn of staple fibres of heading 5509, is a mixed fabric. Therefore, synthetic yarn which does not satisfy the origin rules (which require manufacture from chemical materials or textile pulp), or woollen yarn which does not satisfy the origin rules (which require manufacture from natural fibres, not carded or combed or otherwise prepared for spinning), or a combination of the two, may be used, provided that their total weight does not exceed 10% of the weight of the fabric.

Example:

Tufted textile fabric, of heading 5802, made from cotton yarn of heading 5205 and cotton fabric of heading 5210, is a only mixed product if the cotton fabric is itself a mixed fabric made from yarns classified in two separate headings, or if the cotton yarns used are themselves mixtures.

Example:

If the tufted textile fabric concerned had been made from cotton yarn of heading 5205 and synthetic fabric of heading 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is, accordingly, a mixed product.

5.3.    In the case of products incorporating "yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped", this tolerance is 20% in respect of this yarn.

5.4.    In the case of products incorporating "strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film", this tolerance is 30% in respect of this strip.

Note 6:

6.1.    Where, in the list, reference is made to this Note, textile materials (with the exception of linings and interlinings), which do not satisfy the rule set out in the list in column 3 for the made-up product concerned, may be used, provided that they are classified in a heading other than that of the product and that their value does not exceed 8% of the ex-works price of the product.

6.2.    Without prejudice to Note 6.3, materials which are not classified within Chapters 50 to 63 may be used freely in the manufacture of textile products, whether or not they contain textiles.

Example:

If a rule in the list provides that, for a particular textile item (such as trousers), yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners, even though slide-fasteners normally contain textiles.

Where a percentage rule applies, the value of materials which are not classified within Chapters 50 to 63 must be taken into account when calculating the value of the non-originating materials incorporated.

6.3.

Note 7: 7.1.

For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, the "specific processes" are the following:

(a)    vacuum-distillation;

(b)    redistillation by a very thorough fractionation process;

(c)    cracking;

(d)    reforming;

(e)    extraction by means of selective solvents;

(f)    the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;

(g)    polymerisation;

(h)    alkylation;

(i)    isomerisation.

For the purposes of headings 2710, 2711 and 2712, the "specific processes” are the following:

(a) vacuum-distillation;

(b)    redistillation by a very thorough fractionation process;

(c)    cracking;

(d)    reforming;

(e)    extraction by means of selective solvents;

(f)    the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;

(g)    polymerisation;

(h)    alkylation;

(ij) isomerisation;

(k)    in respect of heavy oils of heading ex 2710 only, desulphurisation with hydrogen, resulting in a reduction of at least 85% of the sulphur content of the products processed (ASTM D 1266-59 T method);

(l)    in respect of products of heading 2710 only, deparaffining by a process other than filtering;

(m)    in respect of heavy oils of heading ex 2710 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250°C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment, with hydrogen, of lubricating oils of heading ex 2710 (e.g. hydrofinishing or decolourisation), in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;

(n)    in respect of fuel oils of heading ex 2710 only, atmospheric distillation, on condition that less than 30% of these products distils, by volume, including losses, at 300°C, by the ASTM D 86 method;

(o)    in respect of heavy oils other than gas oils and fuel oils of heading ex 2710 only, treatment by means of a high-frequency electrical brush discharge;

(p)    in respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0,75% of oil) of heading ex 2712 only, de-oiling by fractional crystallisation.

7.3.

For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, simple operations, such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur contents, or any combination of these operations or like operations, do not confer origin.

ANNEX II

LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER FOR THE PRODUCT MANUFACTURED TO OBTAIN ORIGINATING STATUS

The products mentioned in the list may not be all covered by the Agreement. It is, therefore, necessary to consult the other parts of the Agreement.

For the special conditions relating to "specific processes”, see Introductory Notes 7.1 and 7.3. For the special conditions relating to "specific processes", see Introductory Note 7.2.

2711

2712

2713

Petroleum gases and other gaseous hydrocarbons

Petroleum jelly; paraffin wax. microcrystalline petroleum wax. slack wax. ozokerite, lignite wax. peat wax. other mineral waxes, and similar products obtained by synthesis or by other processes, whether or not coloured

Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtai ned from bituminous materials

Operations of refining and/or one or more specific process!es) f¹)

or

Other operations in which all the materials used are classified within a headi ng other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50% of the ex-works price of the product

Operations of refining and/or one or more specific process!es) (²)

or

Other operations in which all the materials used are classified within a headi ng other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50% of the ex-works price of the product

Operations of refining and/or one or more specific process!es) (³)

or

Other operations in which all the materials used are classified within a headi ng other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50% of the ex-works price of the product

In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.

In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.

In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.

In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.

In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.

The following foils shall be considered as highly transparent: foils, the optical dimming of which, measured according to ASTM-D 1003-16 by Gardner Hazemeter (i.e. Hazefactor), is less than 2%.

• - 

  raw silk or silk waste, carded or combed or otherwise prepared for spinning.

• - 

  natural fibres, not carded or combed or otherwise prepared for spinning.

• - 

  chemical materials or textile pulp, or

• - 

  paper-making materials

l¹):

Manufacture from

Yarn of wool, of line or coarse animal hair or of horsehair

5106 to 5110

5111 to 5113

Woven fabrics of wool, of fine or coarse animal hair or of horsehair:

• - 

  Incorporating rubber thread    Manufacture from single yarn (²)

• - 

  Other    Manufacture front (³):

• - 

  coir yarn.

• - 

  natural fibres.

• - 

  man-made staple fibres, not carded or combed or otherwise prepared for spinning.

• - 

  chemical materials or textile pulp, or

• - 

  paper

or

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

l¹):

Yarn, monofilament and thread of man-made filaments

Manufacture front

5401 to 5406

• - 

  raw silk or silk waste, carded or combed or otherwise prepared for spinning.

• - 

  natural fibres, not carded or combed or otherwise prepared for spinning.

• - 

  chemical materials or textile pulp, or

• - 

  paper-making materials

Woven fabrics of man-made filament yarn:

• - 

  Incorporating rubber thread

• - 

  Other

5407 and 5408

Manufacture front single yarn (²) Manufacture front (³):

• - 

  coir yarn.

• - 

  natural fibres.

• - 

  man-made staple fibres, not carded or combed or otherwise prepared for spinning.

• - 

  chemical materials or textile pulp, or

• - 

  paper

or

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising. impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5% of the ex-works price of the product

Manufacture from chemical materials or textile pulp

Man-made staple fibres

5501 to 5507

Yarn and sewing thread of manmade staple fibres

5508 to 5511

Manufacture front ('):

• - 

  raw silk or silk waste, carded or combed or otherwise prepared for spinning.

• - 

  natural fibres, not carded or combed or otherwise prepared for spinning.

• - 

  chemical materials or textile pulp, or

• - 

  paper-making materials

Manufacture front single yarn (²) Manufacture front (³):

Woven fabrics of man-made staple fibres:

• - 

  Incorporating rubber thread

• - 

  Other

5512 to 5516

• - 

  coir yarn.

• - 

  natural fibres.

• - 

  man-made staple fibres, not carded or combed or otherwise prepared for spinning.

• - 

  chemical materials or textile pulp, or

• - 

  paper

or

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

ex Chapter 56

Wadding, felt and non-wovens; special yarns; twine, cordage, ropes and cables and articles thereof; except for:

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising. impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5% of the ex-works price of the product

Manufacture from ('): - coir yarn.

• - 

  natural fibres.

• - 

  chemical materials or textile pulp, or

Felt, whether or not impregnated, coated, covered or laminated:

• - 

  Needleloont felt

5602

• - 

  paper-making materials

Manufacture from (²):

• - 

  natural fibres, or

• - 

  chemical materials or textile pulp However:

• - 

  polypropylene filament of heading 5402.

• - 

  polypropylene fibres of heading 5503 or 5506. or

• - 

  polypropylene filament tow of heading 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 total value does not exceed 40% of the ex-works price of the product

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

1

2

3

4

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.

The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

1

2

3

4

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

See Introductory Note 6.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

1

2

3

4

5

6

See Introductory Note 6.

See Introductory Note 6.

See Introductory Note 6.

See Introductory Note 6.

See Introductory Note 6.

• - 

  Embroidered

• - 

  Other

Manufacture from unbleached single yarn f¹))²)

or

Manufacture front unentbroidered fabric, provided that the value of the unentbroidered fabric used does not exceed 40% of the ex-works price of the product (³)

Manufacture front unbleached single yarn

or

Making up. followed by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising. impregnating, mending and burling), provided that the value of all the unprinted goods of headings 6213 and 6214 used does not exceed 47.5% of the ex-works price of the product

6217

Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212:

• - 

  Embroidered

1

2

3

4

5

6 7

Manufacture front yarn ('')

or

Manufacture front unentbroidered fabric, provided that the value of the unentbroidered fabric used does not exceed 40% of the ex-works price of the product (⁷)

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

See Introductory Note 6.

See Introductory Note 6.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

See Introductory Note 6.

See Introductory Note 6.

See Introductory Note 6.