Commission Implementing Decision (EU) 2024/2172 of 20 August 2024 amending the Annex to Implementing Decision (EU) 2023/2447 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2024) 5951)

Official Journalof the European Union ENL series
2024/2172 26.8.2024
(1) Highly pathogenic avian influenza (HPAI) is an infectious viral disease in birds and can have a severe impact on the profitability of poultry farming causing disturbance to trade within the Union and exports to third countries. HPAI viruses can infect migratory birds, which can then spread these viruses over long distances during their autumn and spring migrations. Therefore, the presence of HPAI viruses in wild birds poses a continuous threat for the direct and indirect introduction of these viruses into holdings where poultry or captive birds are kept. In the event of an outbreak of HPAI, there is a risk that the disease agent may spread to other holdings where poultry or captive birds are kept.
(2) Regulation (EU) 2016/429 establishes a new legislative framework for the prevention and control of diseases that are transmissible to animals or humans. HPAI falls within the definition of a listed disease in that Regulation, and it is subject to the disease prevention and control rules laid down therein. In addition, Commission Delegated Regulation (EU) 2020/687(2)supplements Regulation (EU) 2016/429 as regards the rules for the prevention and control of certain listed diseases, including disease control measures for HPAI.
(3) Commission Implementing Decision (EU) 2023/2447(3)was adopted within the framework of Regulation (EU) 2016/429 and it lays down emergency measures at Union level in relation to outbreaks of HPAI.
(4) More particularly, Implementing Decision (EU) 2023/2447 provides that the protection, surveillance and further restricted zones established by the Member States following outbreaks of HPAI, in accordance with Delegated Regulation (EU) 2020/687, are to comprise at least the areas listed as protection, surveillance and further restricted zones in the Annex to that Implementing Decision.
(5) The Annex to Implementing Decision (EU) 2023/2447 was recently amended by Commission Implementing Decision (EU) 2024/1948(4)following an outbreak of HPAI in poultry in Germany that needed to be reflected in that Annex.
(6) Since the date of adoption of Implementing Decision (EU) 2024/1948, France has notified the Commission of an outbreak of HPAI subtype H5N1, in an establishment where poultry were kept, located in Ille-et-Vilaine department.
(7) In addition, Germany notified the Commission of two outbreaks of HPAI in establishments where poultry were kept, located in the state of Mecklenburg-Vorpommern.
(8) Moreover, Portugal notified the Commission of an outbreak of HPAI in an establishment where captive birds were kept, located in the district of Viana do Castelo.
(9) The competent authorities of France, Germany and Portugal have taken the necessary disease control measures required in accordance with Delegated Regulation (EU) 2020/687, including the establishment of protection and surveillance zones around the outbreaks.
(10) The Commission has examined the disease control measures taken by France, Germany and Portugal in collaboration with those Member States, and it is satisfied that the boundaries of the protection and surveillances zones established by the competent authorities of France, Germany and Portugal are at a sufficient distance from the establishments where the outbreaks of HPAI have been confirmed.
(11) In the Annex to Implementing Decision (EU) 2023/2447, there are currently no areas listed as protection and surveillance zones for France and Portugal.
(12) In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly describe at Union level, in collaboration with France, Germany and Portugal, the protection and surveillance zones duly established by those Member States in accordance with Delegated Regulation (EU) 2020/687.
(13) Therefore, the areas listed as protection and surveillance zones for Germany in the Annex to Implementing Decision (EU) 2023/2447 should be amended.
(14) In addition, protection and surveillance zones should be listed for France and Portugal in the Annex to Implementing Decision (EU) 2023/2447.
(15) Accordingly, the Annex to Implementing Decision (EU) 2023/2447 should be amended to update regionalisation at Union level to take account of the protection and surveillance zones duly established by France, Germany and Portugal in accordance with Delegated Regulation (EU) 2020/687, and the duration of the measures applicable therein.
(16) Implementing Decision (EU) 2023/2447 should therefore be amended accordingly.
(17) Given the urgency of the epidemiological situation in the Union as regards the spread of HPAI, it is important that the amendments to be made to Implementing Decision (EU) 2023/2447 by this Decision take effect as soon as possible.
(18) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
ADIS reference number of the outbreak Area comprising: Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687
Department: Ille-et-Vilaine
FR-HPAI(P)-2024-00005 —COMBOURG—LOURMAIS—MEILLAC – Au Nord de la départementale D974, du croisement de la Villée jusqu’au croisement de la départementale D81 et Secteur à l’Est de la départementale D81 jusqu’au Plessis Morgat puis secteur au Nord de la départementale D73—BONNEMAIN – Secteur entre la route de la Maignerie, la départementale D9 et la route de la Buet — COMBOURG — LOURMAIS — MEILLAC – Au Nord de la départementale D974, du croisement de la Villée jusqu’au croisement de la départementale D81 et Secteur à l’Est de la départementale D81 jusqu’au Plessis Morgat puis secteur au Nord de la départementale D73 — BONNEMAIN – Secteur entre la route de la Maignerie, la départementale D9 et la route de la Buet 3.9.2024
— COMBOURG
— LOURMAIS
— MEILLAC – Au Nord de la départementale D974, du croisement de la Villée jusqu’au croisement de la départementale D81 et Secteur à l’Est de la départementale D81 jusqu’au Plessis Morgat puis secteur au Nord de la départementale D73
— BONNEMAIN – Secteur entre la route de la Maignerie, la départementale D9 et la route de la Buet
— COMBOURG
— LOURMAIS
— MEILLAC – Au Nord de la départementale D974, du croisement de la Villée jusqu’au croisement de la départementale D81 et Secteur à l’Est de la départementale D81 jusqu’au Plessis Morgat puis secteur au Nord de la départementale D73
— BONNEMAIN – Secteur entre la route de la Maignerie, la départementale D9 et la route de la Buet
ADIS reference number of the outbreak Area comprising: Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687
Mecklenburg-Vorpommern
DE-HPAI(P)-2024-00011DE-HPAI(P)-2024-00012 Landkreis RostockAmt Tessin:—Stadt Tessin mit den Ortsteilen Neu Gramsdorf und Wolfsberger Mühle,—Gemeinde Gnewitz mit den Ortsteilen Gnewitz und Barkvieren,—Gemeinde Zarnewanz mit dem Ortsteilen Zarnewanz, Kleinhof und Stormstorf. — Stadt Tessin mit den Ortsteilen Neu Gramsdorf und Wolfsberger Mühle, — Gemeinde Gnewitz mit den Ortsteilen Gnewitz und Barkvieren, — Gemeinde Zarnewanz mit dem Ortsteilen Zarnewanz, Kleinhof und Stormstorf. 5.9.2024
— Stadt Tessin mit den Ortsteilen Neu Gramsdorf und Wolfsberger Mühle,
— Gemeinde Gnewitz mit den Ortsteilen Gnewitz und Barkvieren,
— Gemeinde Zarnewanz mit dem Ortsteilen Zarnewanz, Kleinhof und Stormstorf.
— Stadt Tessin mit den Ortsteilen Neu Gramsdorf und Wolfsberger Mühle,
— Gemeinde Gnewitz mit den Ortsteilen Gnewitz und Barkvieren,
— Gemeinde Zarnewanz mit dem Ortsteilen Zarnewanz, Kleinhof und Stormstorf.
ADIS reference number of the outbreak Area comprising: Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687
Viana do Castelo
PT-HPAI(NON-P)-2024-00008 The parts from the county of Viana do Castelo, from the district of Viana do Castelo, that are contained within circle of 3 kilometers radius, centered on GPS coordinates 41.637500 N, –8.819083 W 6.9.2024
ADIS reference number of the outbreak Area comprising: Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687
Department: Ille-et-Vilaine
FR-HPAI(P)-2024-00005 —COMBOURG—LOURMAIS—MEILLAC – Au Nord de la départementale D974, du croisement de la Villée jusqu’au croisement de la départementale D81 et Secteur à l’Est de la départementale D81 jusqu’au Plessis Morgat puis secteur au Nord de la départementale D73—BONNEMAIN – Secteur entre la route de la Maignerie, la départementale D9 et la route de la Buet — COMBOURG — LOURMAIS — MEILLAC – Au Nord de la départementale D974, du croisement de la Villée jusqu’au croisement de la départementale D81 et Secteur à l’Est de la départementale D81 jusqu’au Plessis Morgat puis secteur au Nord de la départementale D73 — BONNEMAIN – Secteur entre la route de la Maignerie, la départementale D9 et la route de la Buet 4.9.2024- 12.9.2024
— COMBOURG
— LOURMAIS
— MEILLAC – Au Nord de la départementale D974, du croisement de la Villée jusqu’au croisement de la départementale D81 et Secteur à l’Est de la départementale D81 jusqu’au Plessis Morgat puis secteur au Nord de la départementale D73
— BONNEMAIN – Secteur entre la route de la Maignerie, la départementale D9 et la route de la Buet
—BAGUER-MORVAN—BONNEMAIN – Sauf la partie de la commune en zone de protection—LA BOUSSAC—BROUALAN—LA CHAPELLE-AUX-FILTZMÉENS—CUGUEN—DINGÉ—DOL-DE-BRETAGNE—EPINIAC—LANRIGAN—MEILLAC – Sauf la partie de la commune en zone de protection—NOYAL-SOUS-BAZOUGES—PLERGUER—PLEUGUENEUC—QUÉBRIAC—SAINT-DOMINEUC—SAINT-LÉGER-DES-PRÉS—MESNIL-ROC’H—TRÉMEHEUC—LE TRONCHET — BAGUER-MORVAN — BONNEMAIN – Sauf la partie de la commune en zone de protection — LA BOUSSAC — BROUALAN — LA CHAPELLE-AUX-FILTZMÉENS — CUGUEN — DINGÉ — DOL-DE-BRETAGNE — EPINIAC — LANRIGAN — MEILLAC – Sauf la partie de la commune en zone de protection — NOYAL-SOUS-BAZOUGES — PLERGUER — PLEUGUENEUC — QUÉBRIAC — SAINT-DOMINEUC — SAINT-LÉGER-DES-PRÉS — MESNIL-ROC’H — TRÉMEHEUC — LE TRONCHET 12.9.2024
— BAGUER-MORVAN
— BONNEMAIN – Sauf la partie de la commune en zone de protection
— LA BOUSSAC
— BROUALAN
— LA CHAPELLE-AUX-FILTZMÉENS
— CUGUEN
— DINGÉ
— DOL-DE-BRETAGNE
— EPINIAC
— LANRIGAN
— MEILLAC – Sauf la partie de la commune en zone de protection
— NOYAL-SOUS-BAZOUGES
— PLERGUER
— PLEUGUENEUC
— QUÉBRIAC
— SAINT-DOMINEUC
— SAINT-LÉGER-DES-PRÉS
— MESNIL-ROC’H
— TRÉMEHEUC
— LE TRONCHET
— COMBOURG
— LOURMAIS
— MEILLAC – Au Nord de la départementale D974, du croisement de la Villée jusqu’au croisement de la départementale D81 et Secteur à l’Est de la départementale D81 jusqu’au Plessis Morgat puis secteur au Nord de la départementale D73
— BONNEMAIN – Secteur entre la route de la Maignerie, la départementale D9 et la route de la Buet
— BAGUER-MORVAN
— BONNEMAIN – Sauf la partie de la commune en zone de protection
— LA BOUSSAC
— BROUALAN
— LA CHAPELLE-AUX-FILTZMÉENS
— CUGUEN
— DINGÉ
— DOL-DE-BRETAGNE
— EPINIAC
— LANRIGAN
— MEILLAC – Sauf la partie de la commune en zone de protection
— NOYAL-SOUS-BAZOUGES
— PLERGUER
— PLEUGUENEUC
— QUÉBRIAC
— SAINT-DOMINEUC
— SAINT-LÉGER-DES-PRÉS
— MESNIL-ROC’H
— TRÉMEHEUC
— LE TRONCHET
ADIS reference number of the outbreak Area comprising: Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687
Mecklenburg-Vorpommern
DE-HPAI(P)-2024-00011DE-HPAI(P)-2024-00012 Landkreis RostockAmt Tessin:—Stadt Tessin mit den Ortsteilen Neu Gramsdorf und Wolfsberger Mühle,—Gemeinde Gnewitz mit den Ortsteilen Gnewitz und Barkvieren,—Gemeinde Zarnewanz mit dem Ortsteilen Zarnewanz, Kleinhof und Stormstorf. — Stadt Tessin mit den Ortsteilen Neu Gramsdorf und Wolfsberger Mühle, — Gemeinde Gnewitz mit den Ortsteilen Gnewitz und Barkvieren, — Gemeinde Zarnewanz mit dem Ortsteilen Zarnewanz, Kleinhof und Stormstorf. 6.9.2024-14.9.2024
— Stadt Tessin mit den Ortsteilen Neu Gramsdorf und Wolfsberger Mühle,
— Gemeinde Gnewitz mit den Ortsteilen Gnewitz und Barkvieren,
— Gemeinde Zarnewanz mit dem Ortsteilen Zarnewanz, Kleinhof und Stormstorf.
DE-HPAI(P)-2024-00011DE-HPAI(P)-2024-00012 Landkreis RostockAmt Tessin:—Gemeinde Cammin mit den Ortsteilen Prangendorf, Weitendorf und Wohrenstorf,—Gemeinde Gnewitz mit dem Ortsteil Neu Barkvieren,—Gemeinde Grammow mit den Ortseilen Alt Strassow, Neu Strassow, Grammow, Neuhof und Recknitzberg,—Gemeinde Nustrow mit dem Ortsteil Nustrow,—Gemeinde Selpin mit den Ortsteilen Vogelsang, Reddersdorf, Bärenberg, Woltow, Selpin und Drüsewitz,—Gemeinde Stubbendorf mit den Ortsteilen Stubbendorf und Ehmkendorf,—Stadt Tessin und den Ortsteilen Helmstorf, Vilz und Klein Tessin,—Gemeinde Thelkow mit den Ortsteilen Sophienhof, Thelkow, Kowalz, Liepen und Starkow,—Gemeinde Sanitz mit den Ortsteilen und OrtschaftenSanitz, Niekrenz, Groß Lüsewitz, Oberhof, Vietow, Wehnendorf, Ausbau Niekrenz, Neu Wendorf, Horst, Teutendorf, Klein Wehnendorf, Klein Freienholz, Wendorf, Reppelin, Wendfeld, Groß Freienholz, Gubkow und Hohen Gubkow.Amt Gnoien:—Gemeinde Behren Lübchin mit der Ortschaft Duckwitz,—Gemeinde Walkendorf mit den Ortschaften Repnitz und Basse.Landkreis Vorpommern-Rügen—Gemeinde Dettmannsdorf,—Gemeinde Lindholz mit dem Ortsteil Schabow,—Stadt Marlow mit den Ortsteilen Dänschenburg, Carlsruhe, Neu Steinhorst, Alt Steinhorst, Brunstorf, Fahrenhaupt, Schulenberg, Kneese. — Gemeinde Cammin mit den Ortsteilen Prangendorf, Weitendorf und Wohrenstorf, — Gemeinde Gnewitz mit dem Ortsteil Neu Barkvieren, — Gemeinde Grammow mit den Ortseilen Alt Strassow, Neu Strassow, Grammow, Neuhof und Recknitzberg, — Gemeinde Nustrow mit dem Ortsteil Nustrow, — Gemeinde Selpin mit den Ortsteilen Vogelsang, Reddersdorf, Bärenberg, Woltow, Selpin und Drüsewitz, — Gemeinde Stubbendorf mit den Ortsteilen Stubbendorf und Ehmkendorf, — Stadt Tessin und den Ortsteilen Helmstorf, Vilz und Klein Tessin, — Gemeinde Thelkow mit den Ortsteilen Sophienhof, Thelkow, Kowalz, Liepen und Starkow, — Gemeinde Sanitz mit den Ortsteilen und OrtschaftenSanitz, Niekrenz, Groß Lüsewitz, Oberhof, Vietow, Wehnendorf, Ausbau Niekrenz, Neu Wendorf, Horst, Teutendorf, Klein Wehnendorf, Klein Freienholz, Wendorf, Reppelin, Wendfeld, Groß Freienholz, Gubkow und Hohen Gubkow. — Gemeinde Behren Lübchin mit der Ortschaft Duckwitz, — Gemeinde Walkendorf mit den Ortschaften Repnitz und Basse. — Gemeinde Dettmannsdorf, — Gemeinde Lindholz mit dem Ortsteil Schabow, — Stadt Marlow mit den Ortsteilen Dänschenburg, Carlsruhe, Neu Steinhorst, Alt Steinhorst, Brunstorf, Fahrenhaupt, Schulenberg, Kneese. 14.9.2024
— Gemeinde Cammin mit den Ortsteilen Prangendorf, Weitendorf und Wohrenstorf,
— Gemeinde Gnewitz mit dem Ortsteil Neu Barkvieren,
— Gemeinde Grammow mit den Ortseilen Alt Strassow, Neu Strassow, Grammow, Neuhof und Recknitzberg,
— Gemeinde Nustrow mit dem Ortsteil Nustrow,
— Gemeinde Selpin mit den Ortsteilen Vogelsang, Reddersdorf, Bärenberg, Woltow, Selpin und Drüsewitz,
— Gemeinde Stubbendorf mit den Ortsteilen Stubbendorf und Ehmkendorf,
— Stadt Tessin und den Ortsteilen Helmstorf, Vilz und Klein Tessin,
— Gemeinde Thelkow mit den Ortsteilen Sophienhof, Thelkow, Kowalz, Liepen und Starkow,
— Gemeinde Sanitz mit den Ortsteilen und OrtschaftenSanitz, Niekrenz, Groß Lüsewitz, Oberhof, Vietow, Wehnendorf, Ausbau Niekrenz, Neu Wendorf, Horst, Teutendorf, Klein Wehnendorf, Klein Freienholz, Wendorf, Reppelin, Wendfeld, Groß Freienholz, Gubkow und Hohen Gubkow.
— Gemeinde Behren Lübchin mit der Ortschaft Duckwitz,
— Gemeinde Walkendorf mit den Ortschaften Repnitz und Basse.
— Gemeinde Dettmannsdorf,
— Gemeinde Lindholz mit dem Ortsteil Schabow,
— Stadt Marlow mit den Ortsteilen Dänschenburg, Carlsruhe, Neu Steinhorst, Alt Steinhorst, Brunstorf, Fahrenhaupt, Schulenberg, Kneese.
— Stadt Tessin mit den Ortsteilen Neu Gramsdorf und Wolfsberger Mühle,
— Gemeinde Gnewitz mit den Ortsteilen Gnewitz und Barkvieren,
— Gemeinde Zarnewanz mit dem Ortsteilen Zarnewanz, Kleinhof und Stormstorf.
— Gemeinde Cammin mit den Ortsteilen Prangendorf, Weitendorf und Wohrenstorf,
— Gemeinde Gnewitz mit dem Ortsteil Neu Barkvieren,
— Gemeinde Grammow mit den Ortseilen Alt Strassow, Neu Strassow, Grammow, Neuhof und Recknitzberg,
— Gemeinde Nustrow mit dem Ortsteil Nustrow,
— Gemeinde Selpin mit den Ortsteilen Vogelsang, Reddersdorf, Bärenberg, Woltow, Selpin und Drüsewitz,
— Gemeinde Stubbendorf mit den Ortsteilen Stubbendorf und Ehmkendorf,
— Stadt Tessin und den Ortsteilen Helmstorf, Vilz und Klein Tessin,
— Gemeinde Thelkow mit den Ortsteilen Sophienhof, Thelkow, Kowalz, Liepen und Starkow,
— Gemeinde Sanitz mit den Ortsteilen und OrtschaftenSanitz, Niekrenz, Groß Lüsewitz, Oberhof, Vietow, Wehnendorf, Ausbau Niekrenz, Neu Wendorf, Horst, Teutendorf, Klein Wehnendorf, Klein Freienholz, Wendorf, Reppelin, Wendfeld, Groß Freienholz, Gubkow und Hohen Gubkow.
— Gemeinde Behren Lübchin mit der Ortschaft Duckwitz,
— Gemeinde Walkendorf mit den Ortschaften Repnitz und Basse.
— Gemeinde Dettmannsdorf,
— Gemeinde Lindholz mit dem Ortsteil Schabow,
— Stadt Marlow mit den Ortsteilen Dänschenburg, Carlsruhe, Neu Steinhorst, Alt Steinhorst, Brunstorf, Fahrenhaupt, Schulenberg, Kneese.
ADIS reference number of the outbreak Area comprising: Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687
Viana do Castelo
PT-HPAI(NON-P)-2024-00008 The parts from the county of Viana do Castelo, from the district of Viana do Castelo, that are contained within circle of 3 kilometers radius, centered on GPS coordinates 41.637500 N, –8.819083 W 7.9.2024- 15.9.2024
The parts of from the county of Viana do Castelo, from the district of Viana do Castelo, and the parts of the counties of Barcelos and Esposende from the district of Braga, that are beyond the areas described in the protection zone, and are contained within circle of 10 kilometers radius, centered on GPS coordinates 41.637500 N, –8.819083 W 15.9.2024
Area comprising: Date until measures are to remain applicable in accordance with Article 3a
*In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Windsor Framework (see Joint Declaration No 1/2023 of the Union and the United Kingdom in the Joint Committee established by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community of 24 March 2023,OJ L 102, 17.4.2023, p. 87) in conjunction with Annex 2 to that Framework, for the purposes of this Annex, references to Member State include the United Kingdom in respect of Northern Ireland. * In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Windsor Framework (see Joint Declaration No 1/2023 of the Union and the United Kingdom in the Joint Committee established by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community of 24 March 2023,OJ L 102, 17.4.2023, p. 87) in conjunction with Annex 2 to that Framework, for the purposes of this Annex, references to Member State include the United Kingdom in respect of Northern Ireland.
* In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Windsor Framework (see Joint Declaration No 1/2023 of the Union and the United Kingdom in the Joint Committee established by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community of 24 March 2023,OJ L 102, 17.4.2023, p. 87) in conjunction with Annex 2 to that Framework, for the purposes of this Annex, references to Member State include the United Kingdom in respect of Northern Ireland.
* In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Windsor Framework (see Joint Declaration No 1/2023 of the Union and the United Kingdom in the Joint Committee established by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community of 24 March 2023,OJ L 102, 17.4.2023, p. 87) in conjunction with Annex 2 to that Framework, for the purposes of this Annex, references to Member State include the United Kingdom in respect of Northern Ireland.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Article 259(1), point (c), thereof,
Whereas:
(1) Highly pathogenic avian influenza (HPAI) is an infectious viral disease in birds and can have a severe impact on the profitability of poultry farming causing disturbance to trade within the Union and exports to third countries. HPAI viruses can infect migratory birds, which can then spread these viruses over long distances during their autumn and spring migrations. Therefore, the presence of HPAI viruses in wild birds poses a continuous threat for the direct and indirect introduction of these viruses into holdings where poultry or captive birds are kept. In the event of an outbreak of HPAI, there is a risk that the disease agent may spread to other holdings where poultry or captive birds are kept.
(2) Regulation (EU) 2016/429 establishes a new legislative framework for the prevention and control of diseases that are transmissible to animals or humans. HPAI falls within the definition of a listed disease in that Regulation, and it is subject to the disease prevention and control rules laid down therein. In addition, Commission Delegated Regulation (EU) 2020/687 (2) supplements Regulation (EU) 2016/429 as regards the rules for the prevention and control of certain listed diseases, including disease control measures for HPAI.
(3) Commission Implementing Decision (EU) 2023/2447 (3) was adopted within the framework of Regulation (EU) 2016/429 and it lays down emergency measures at Union level in relation to outbreaks of HPAI.
(4) More particularly, Implementing Decision (EU) 2023/2447 provides that the protection, surveillance and further restricted zones established by the Member States following outbreaks of HPAI, in accordance with Delegated Regulation (EU) 2020/687, are to comprise at least the areas listed as protection, surveillance and further restricted zones in the Annex to that Implementing Decision.
(5) The Annex to Implementing Decision (EU) 2023/2447 was recently amended by Commission Implementing Decision (EU) 2024/1948 (4) following an outbreak of HPAI in poultry in Germany that needed to be reflected in that Annex.
(6) Since the date of adoption of Implementing Decision (EU) 2024/1948, France has notified the Commission of an outbreak of HPAI subtype H5N1, in an establishment where poultry were kept, located in Ille-et-Vilaine department.
(7) In addition, Germany notified the Commission of two outbreaks of HPAI in establishments where poultry were kept, located in the state of Mecklenburg-Vorpommern.
(8) Moreover, Portugal notified the Commission of an outbreak of HPAI in an establishment where captive birds were kept, located in the district of Viana do Castelo.
(9) The competent authorities of France, Germany and Portugal have taken the necessary disease control measures required in accordance with Delegated Regulation (EU) 2020/687, including the establishment of protection and surveillance zones around the outbreaks.
(10) The Commission has examined the disease control measures taken by France, Germany and Portugal in collaboration with those Member States, and it is satisfied that the boundaries of the protection and surveillances zones established by the competent authorities of France, Germany and Portugal are at a sufficient distance from the establishments where the outbreaks of HPAI have been confirmed.
(11) In the Annex to Implementing Decision (EU) 2023/2447, there are currently no areas listed as protection and surveillance zones for France and Portugal.
(12) In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly describe at Union level, in collaboration with France, Germany and Portugal, the protection and surveillance zones duly established by those Member States in accordance with Delegated Regulation (EU) 2020/687.
(13) Therefore, the areas listed as protection and surveillance zones for Germany in the Annex to Implementing Decision (EU) 2023/2447 should be amended.
(14) In addition, protection and surveillance zones should be listed for France and Portugal in the Annex to Implementing Decision (EU) 2023/2447.
(15) Accordingly, the Annex to Implementing Decision (EU) 2023/2447 should be amended to update regionalisation at Union level to take account of the protection and surveillance zones duly established by France, Germany and Portugal in accordance with Delegated Regulation (EU) 2020/687, and the duration of the measures applicable therein.
(16) Implementing Decision (EU) 2023/2447 should therefore be amended accordingly.
(17) Given the urgency of the epidemiological situation in the Union as regards the spread of HPAI, it is important that the amendments to be made to Implementing Decision (EU) 2023/2447 by this Decision take effect as soon as possible.
(18) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS DECISION:
The Annex to Implementing Decision (EU) 2023/2447 is replaced by the text set out in the Annex to this Decision.
This Decision is addressed to the Member States.

Part A

Protection zones in the concerned Member States* as referred to in Article 1, point (a), and Article 2:

Member State: France

ADIS reference number of the outbreak
Area comprising:
Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687
Department: Ille-et-Vilaine
FR-HPAI(P)-2024-00005
—
COMBOURG
—
LOURMAIS
—
MEILLAC – Au Nord de la départementale D974, du croisement de la Villée jusqu’au croisement de la départementale D81 et Secteur à l’Est de la départementale D81 jusqu’au Plessis Morgat puis secteur au Nord de la départementale D73
—
BONNEMAIN – Secteur entre la route de la Maignerie, la départementale D9 et la route de la Buet
3.9.2024

Member State: Germany

ADIS reference number of the outbreak
Area comprising:
Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687
Mecklenburg-Vorpommern
DE-HPAI(P)-2024-00011
DE-HPAI(P)-2024-00012
Landkreis Rostock
Amt Tessin:
—
Stadt Tessin mit den Ortsteilen Neu Gramsdorf und Wolfsberger Mühle,
—
Gemeinde Gnewitz mit den Ortsteilen Gnewitz und Barkvieren,
—
Gemeinde Zarnewanz mit dem Ortsteilen Zarnewanz, Kleinhof und Stormstorf.
5.9.2024

Member State: Portugal

ADIS reference number of the outbreak
Area comprising:
Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687
Viana do Castelo
PT-HPAI(NON-P)-2024-00008
The parts from the county of Viana do Castelo, from the district of Viana do Castelo, that are contained within circle of 3 kilometers radius, centered on GPS coordinates 41.637500 N, –8.819083 W
6.9.2024

Part B

Surveillance zones in the concerned Member States* as referred to in Article 1, point (a), and Article 3:

Member State: France

ADIS reference number of the outbreak
Area comprising:
Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687
Department: Ille-et-Vilaine
FR-HPAI(P)-2024-00005
—
COMBOURG
—
LOURMAIS
—
MEILLAC – Au Nord de la départementale D974, du croisement de la Villée jusqu’au croisement de la départementale D81 et Secteur à l’Est de la départementale D81 jusqu’au Plessis Morgat puis secteur au Nord de la départementale D73
—
BONNEMAIN – Secteur entre la route de la Maignerie, la départementale D9 et la route de la Buet
4.9.2024- 12.9.2024
—
BAGUER-MORVAN
—
BONNEMAIN – Sauf la partie de la commune en zone de protection
—
LA BOUSSAC
—
BROUALAN
—
LA CHAPELLE-AUX-FILTZMÉENS
—
CUGUEN
—
DINGÉ
—
DOL-DE-BRETAGNE
—
EPINIAC
—
LANRIGAN
—
MEILLAC – Sauf la partie de la commune en zone de protection
—
NOYAL-SOUS-BAZOUGES
—
PLERGUER
—
PLEUGUENEUC
—
QUÉBRIAC
—
SAINT-DOMINEUC
—
SAINT-LÉGER-DES-PRÉS
—
MESNIL-ROC’H
—
TRÉMEHEUC
—
LE TRONCHET
12.9.2024

Member State: Germany

ADIS reference number of the outbreak
Area comprising:
Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687
Mecklenburg-Vorpommern
DE-HPAI(P)-2024-00011
DE-HPAI(P)-2024-00012
Landkreis Rostock
Amt Tessin:
—
Stadt Tessin mit den Ortsteilen Neu Gramsdorf und Wolfsberger Mühle,
—
Gemeinde Gnewitz mit den Ortsteilen Gnewitz und Barkvieren,
—
Gemeinde Zarnewanz mit dem Ortsteilen Zarnewanz, Kleinhof und Stormstorf.
6.9.2024-14.9.2024
DE-HPAI(P)-2024-00011
DE-HPAI(P)-2024-00012
Landkreis Rostock
Amt Tessin:
—
Gemeinde Cammin mit den Ortsteilen Prangendorf, Weitendorf und Wohrenstorf,
—
Gemeinde Gnewitz mit dem Ortsteil Neu Barkvieren,
—
Gemeinde Grammow mit den Ortseilen Alt Strassow, Neu Strassow, Grammow, Neuhof und Recknitzberg,
—
Gemeinde Nustrow mit dem Ortsteil Nustrow,
—
Gemeinde Selpin mit den Ortsteilen Vogelsang, Reddersdorf, Bärenberg, Woltow, Selpin und Drüsewitz,
—
Gemeinde Stubbendorf mit den Ortsteilen Stubbendorf und Ehmkendorf,
—
Stadt Tessin und den Ortsteilen Helmstorf, Vilz und Klein Tessin,
—
Gemeinde Thelkow mit den Ortsteilen Sophienhof, Thelkow, Kowalz, Liepen und Starkow,
—
Gemeinde Sanitz mit den Ortsteilen und OrtschaftenSanitz, Niekrenz, Groß Lüsewitz, Oberhof, Vietow, Wehnendorf, Ausbau Niekrenz, Neu Wendorf, Horst, Teutendorf, Klein Wehnendorf, Klein Freienholz, Wendorf, Reppelin, Wendfeld, Groß Freienholz, Gubkow und Hohen Gubkow.
Amt Gnoien:
—
Gemeinde Behren Lübchin mit der Ortschaft Duckwitz,
—
Gemeinde Walkendorf mit den Ortschaften Repnitz und Basse.
Landkreis Vorpommern-Rügen
—
Gemeinde Dettmannsdorf,
—
Gemeinde Lindholz mit dem Ortsteil Schabow,
—
Stadt Marlow mit den Ortsteilen Dänschenburg, Carlsruhe, Neu Steinhorst, Alt Steinhorst, Brunstorf, Fahrenhaupt, Schulenberg, Kneese.
14.9.2024

Member State: Portugal

ADIS reference number of the outbreak
Area comprising:
Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687
Viana do Castelo
PT-HPAI(NON-P)-2024-00008
The parts from the county of Viana do Castelo, from the district of Viana do Castelo, that are contained within circle of 3 kilometers radius, centered on GPS coordinates 41.637500 N, –8.819083 W
7.9.2024- 15.9.2024
The parts of from the county of Viana do Castelo, from the district of Viana do Castelo, and the parts of the counties of Barcelos and Esposende from the district of Braga, that are beyond the areas described in the protection zone, and are contained within circle of 10 kilometers radius, centered on GPS coordinates 41.637500 N, –8.819083 W
15.9.2024

Part C

Further restricted zones in the concerned Member States* as referred to in Article 1, point (b), and Article 4:

Member State: None

Area comprising:
Date until measures are to remain applicable in accordance with Article 3a

*
In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Windsor Framework (see Joint Declaration No 1/2023 of the Union and the United Kingdom in the Joint Committee established by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community of 24 March 2023, OJ L 102, 17.4.2023, p. 87) in conjunction with Annex 2 to that Framework, for the purposes of this Annex, references to Member State include the United Kingdom in respect of Northern Ireland.

Commission Implementing Decision (EU) 2024/2165 of 1 July 2024 on the publication of a list indicating certain CO2 emissions values per manufacturer as well as average specific CO2 emissions of all new heavy-duty vehicles registered in the Union pursuant to Regulation (EU) 2019/1242 of the European Parliament and of the Council for the reporting period of the year 2021 (notified under document C(2024) 4474)

Official Journalof the European Union ENL series
2024/2165 21.8.2024
(1) The average specific CO2emissions of a manufacturer should be determined on the basis of data reported by Member States and manufacturers pursuant to Regulation (EU) 2018/956 of the European Parliament and of the Council(2)for vehicles of that manufacturer.
(2) The average specific CO2emissions of all new heavy-duty vehicles registered in the Union should be based on those data reported for vehicles from all manufacturers.
(3) The zero- and low-emission factor for each manufacturer should be determined taking into account the zero- and low-emission heavy-duty vehicles so reported.
(4) The CO2emission reduction trajectory and the emission credits per manufacturer should be determined on the basis of the number of new heavy-duty vehicles excluding vocational vehicles so reported. Those vehicles, which were certified as vocational vehicles, but not registered as such, were identified and the necessary corrections to the annual average specific CO2emissions of a manufacturer in accordance with Commission Implementing Regulation (EU) 2021/941(3)were applied to them.
(5) The data presented in the Annex to this Decision is based on the data available to the Commission on 20 March 2024.
(6) The Commission may have to update the data published herein, should it receive additional data which would affect the results of those calculations,
(1) DAIMLER TRUCK AGFasanenweg 1070771 Leinfelden-EchterdingenGERMANY; DAIMLER TRUCK AG Fasanenweg 10 70771 Leinfelden-Echterdingen GERMANY;
DAIMLER TRUCK AG
Fasanenweg 10
70771 Leinfelden-Echterdingen
GERMANY;
(2) DAF NVHugo van der Goeslaan 15643 TW EindhovenNETHERLANDS; DAF NV Hugo van der Goeslaan 1 5643 TW Eindhoven NETHERLANDS;
DAF NV
Hugo van der Goeslaan 1
5643 TW Eindhoven
NETHERLANDS;
(3) FORD OTOMOTIV SANAYI ASAkpinar Mah. Hasan Basri Cad No 234885 Sancaktepe IstanbulTÜRKIYE; FORD OTOMOTIV SANAYI AS Akpinar Mah. Hasan Basri Cad No 2 34885 Sancaktepe Istanbul TÜRKIYE;
FORD OTOMOTIV SANAYI AS
Akpinar Mah. Hasan Basri Cad No 2
34885 Sancaktepe Istanbul
TÜRKIYE;
(4) Iveco Magirus AGNicolaus-Otto-Straße 2789079 UlmGERMANY; Iveco Magirus AG Nicolaus-Otto-Straße 27 89079 Ulm GERMANY;
Iveco Magirus AG
Nicolaus-Otto-Straße 27
89079 Ulm
GERMANY;
(5) IVECO S.p.A.Via Puglia 3510156 TorinoITALY; IVECO S.p.A. Via Puglia 35 10156 Torino ITALY;
IVECO S.p.A.
Via Puglia 35
10156 Torino
ITALY;
(6) MAN TRUCK AND BUS SEDachauer Str. 66780995 MunichGERMANY; MAN TRUCK AND BUS SE Dachauer Str. 667 80995 Munich GERMANY;
MAN TRUCK AND BUS SE
Dachauer Str. 667
80995 Munich
GERMANY;
(7) RENAULT TRUCKS SA99 route de Lyon69800 Saint PriestFRANCE; RENAULT TRUCKS SA 99 route de Lyon 69800 Saint Priest FRANCE;
RENAULT TRUCKS SA
99 route de Lyon
69800 Saint Priest
FRANCE;
(8) SCANIA CV ABVagnmakarvägen 1SE-15187 SödertäljeSWEDEN; SCANIA CV AB Vagnmakarvägen 1 SE-15187 Södertälje SWEDEN;
SCANIA CV AB
Vagnmakarvägen 1
SE-15187 Södertälje
SWEDEN;
(9) VOLVO TRUCK CORPORATIONHerkulesgatan 75SE-40508 GöteborgSWEDEN. VOLVO TRUCK CORPORATION Herkulesgatan 75 SE-40508 Göteborg SWEDEN.
VOLVO TRUCK CORPORATION
Herkulesgatan 75
SE-40508 Göteborg
SWEDEN.
DAIMLER TRUCK AG
Fasanenweg 10
70771 Leinfelden-Echterdingen
GERMANY;
DAF NV
Hugo van der Goeslaan 1
5643 TW Eindhoven
NETHERLANDS;
FORD OTOMOTIV SANAYI AS
Akpinar Mah. Hasan Basri Cad No 2
34885 Sancaktepe Istanbul
TÜRKIYE;
Iveco Magirus AG
Nicolaus-Otto-Straße 27
89079 Ulm
GERMANY;
IVECO S.p.A.
Via Puglia 35
10156 Torino
ITALY;
MAN TRUCK AND BUS SE
Dachauer Str. 667
80995 Munich
GERMANY;
RENAULT TRUCKS SA
99 route de Lyon
69800 Saint Priest
FRANCE;
SCANIA CV AB
Vagnmakarvägen 1
SE-15187 Södertälje
SWEDEN;
VOLVO TRUCK CORPORATION
Herkulesgatan 75
SE-40508 Göteborg
SWEDEN.
Manufacturer Average specific CO2emissions, as referred to in Article 4 of Regulation (EU) 2019/1242, in g/tkm Zero- and low emission factor, as referred to in Article 5(1) of Regulation (EU) 2019/1242 CO2emissions reduction trajectory, as referred to in Article 7 of Regulation (EU) 2019/1242, in g/tkm Emission credits, as referred to in Article 7 of Regulation (EU) 2019/1242, in g/tkm
DAIMLER TRUCK AG 53,23 0,999 50,75 –
DAF NV 54,26 1,000 52,57 –
IVECO MAGIRUS AG 54,42 1,000 50,34 –
IVECO S.p.A 32,00 0,985 28,93 –
FORD OTOMOTIV SANAYI AS 56,32 1,000 51,58 –
MAN TRUCK AND BUS SE 49,74 0,999 49,45 –
RENAULT TRUCKS SA 50,85 0,995 48,49 –
SCANIA CV AB 49,23 0,997 50,36 27 392
VOLVO TRUCK CORPORATION 52,94 0,998 51,71 –
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2 emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No 595/2009 and (EU) 2018/956 of the European Parliament and the Council and Council Directive 96/53/EC (1), and in particular Article 11(1), first subparagraph, points (a), (b), (d) and (f) thereof,
Whereas:
(1) The average specific CO2 emissions of a manufacturer should be determined on the basis of data reported by Member States and manufacturers pursuant to Regulation (EU) 2018/956 of the European Parliament and of the Council (2) for vehicles of that manufacturer.
(2) The average specific CO2 emissions of all new heavy-duty vehicles registered in the Union should be based on those data reported for vehicles from all manufacturers.
(3) The zero- and low-emission factor for each manufacturer should be determined taking into account the zero- and low-emission heavy-duty vehicles so reported.
(4) The CO2 emission reduction trajectory and the emission credits per manufacturer should be determined on the basis of the number of new heavy-duty vehicles excluding vocational vehicles so reported. Those vehicles, which were certified as vocational vehicles, but not registered as such, were identified and the necessary corrections to the annual average specific CO2 emissions of a manufacturer in accordance with Commission Implementing Regulation (EU) 2021/941 (3) were applied to them.
(5) The data presented in the Annex to this Decision is based on the data available to the Commission on 20 March 2024.
(6) The Commission may have to update the data published herein, should it receive additional data which would affect the results of those calculations,
HAS ADOPTED THIS DECISION:

Average specific CO2 emissions per manufacturer

The average specific CO2 emissions per manufacturer, as referred to in Article 4 of Regulation (EU) 2019/1242, in the reporting period of the year 2021, are indicated in the second column of the table of the Annex to this Decision.

Zero- and low-emission factor per manufacturer

The zero- and low-emission factor per manufacturer, as referred to in Article 5(1) of Regulation (EU) 2019/1242, in the reporting period of the year 2021, is indicated in the third column of the table of the Annex to this Decision.

CO2 emissions reduction trajectory and emissions credits per manufacturer

The CO2 emissions reduction trajectory and the emission credits per manufacturer, as referred to in Article 7 of Regulation (EU) 2019/1242, in the reporting period of the year 2021, are indicated in the fourth and fifth columns, respectively, of the table of the Annex to this Decision.

Average specific CO2 emissions of all new heavy-duty vehicles

The average specific CO2 emissions of all new heavy-duty vehicles registered in the Union in the reporting period of the year 2021, as calculated by applying the formula of Annex I, point 2.7, to Regulation (EU) 2019/1242 taking into account the new heavy-duty vehicles of all manufacturers, is: 52,3 g/tkm.
This Decision is addressed to the following manufacturers:

(1) DAIMLER TRUCK AG
Fasanenweg 10
70771 Leinfelden-Echterdingen
GERMANY;
(2) DAF NV
Hugo van der Goeslaan 1
5643 TW Eindhoven
NETHERLANDS;
(3) FORD OTOMOTIV SANAYI AS
Akpinar Mah. Hasan Basri Cad No 2
34885 Sancaktepe Istanbul
TÜRKIYE;
(4) Iveco Magirus AG
Nicolaus-Otto-Straße 27
89079 Ulm
GERMANY;
(5) IVECO S.p.A.
Via Puglia 35
10156 Torino
ITALY;
(6) MAN TRUCK AND BUS SE
Dachauer Str. 667
80995 Munich
GERMANY;
(7) RENAULT TRUCKS SA
99 route de Lyon
69800 Saint Priest
FRANCE;
(8) SCANIA CV AB
Vagnmakarvägen 1
SE-15187 Södertälje
SWEDEN;
(9) VOLVO TRUCK CORPORATION
Herkulesgatan 75
SE-40508 Göteborg
SWEDEN.

All entries refer to the reporting period of the year 2021 as defined in Article 3(3) of Regulation (EU) 2019/1242.

Manufacturer
Average specific CO2 emissions, as referred to in Article 4 of Regulation (EU) 2019/1242, in g/tkm
Zero- and low emission factor, as referred to in Article 5(1) of Regulation (EU) 2019/1242
CO2 emissions reduction trajectory, as referred to in Article 7 of Regulation (EU) 2019/1242, in g/tkm
Emission credits, as referred to in Article 7 of Regulation (EU) 2019/1242, in g/tkm
DAIMLER TRUCK AG
53,23
0,999
50,75
–
DAF NV
54,26
1,000
52,57
–
IVECO MAGIRUS AG
54,42
1,000
50,34
–
IVECO S.p.A
32,00
0,985
28,93
–
FORD OTOMOTIV SANAYI AS
56,32
1,000
51,58
–
MAN TRUCK AND BUS SE
49,74
0,999
49,45
–
RENAULT TRUCKS SA
50,85
0,995
48,49
–
SCANIA CV AB
49,23
0,997
50,36
27 392
VOLVO TRUCK CORPORATION
52,94
0,998
51,71
–

Commission Implementing Decision (EU) 2024/2164 of 11 July 2024 on minimum requirements concerning the data of hired vehicles to be entered in national electronic registers of road transport undertakings (notified under document C(2024) 4665)

Official Journalof the European Union ENL series
2024/2164 20.8.2024
(1) Pursuant to Article 3a(1) of Directive 2006/1/EC, data relating to vehicles hired without a driver that are used by undertakings which engage in the carriage of goods by road for hire or reward are to be included in the national electronic register referred to in Article 16 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council(2)(‘the national electronic registers’).
(2) Under Article 3a(3) of Directive 2006/1/EC, Member States are to use the European Register of Road Undertakings (ERRU) to exchange information on vehicles hired without drivers. For that information to be exchanged smoothly, minimum requirements on the data to be introduced in the national electronic register are to be established.
(3) Commission Decision 2009/992/EU(3)set up minimum requirements for data to be entered in the national electronic register of road transport undertakings. In order to facilitate the interconnection of national registers also as regards data relating to vehicles hired without drivers, additional data relating to vehicles hired without drivers should be included in the national electronic registers.
Data category Data item Additional description of data field Length
Authorisation Vehicle registration number Free text alpha-numeric field 1 -15
Country of Registration of the Vehicle Selected from two letter code ISO 3166-1 alpha 2 2
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road (1), and in particular Article 3a(8) thereof,
After consulting the Committee established by Article 5b(1) of Directive 2006/1/EC,
Whereas:
(1) Pursuant to Article 3a(1) of Directive 2006/1/EC, data relating to vehicles hired without a driver that are used by undertakings which engage in the carriage of goods by road for hire or reward are to be included in the national electronic register referred to in Article 16 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council (2) (‘the national electronic registers’).
(2) Under Article 3a(3) of Directive 2006/1/EC, Member States are to use the European Register of Road Undertakings (ERRU) to exchange information on vehicles hired without drivers. For that information to be exchanged smoothly, minimum requirements on the data to be introduced in the national electronic register are to be established.
(3) Commission Decision 2009/992/EU (3) set up minimum requirements for data to be entered in the national electronic register of road transport undertakings. In order to facilitate the interconnection of national registers also as regards data relating to vehicles hired without drivers, additional data relating to vehicles hired without drivers should be included in the national electronic registers.
HAS ADOPTED THIS DECISION:
The minimum requirements for the data relating to vehicles hired without a driver to be entered in the national electronic registers shall be the following:

Data category
Data item
Additional description of data field
Length
Authorisation
Vehicle registration number
Free text alpha-numeric field
1 -15
Country of Registration of the Vehicle
Selected from two letter code ISO 3166-1 alpha 2
2

This Decision is addressed to the Member States.

Council Implementing Decision (CFSP) 2024/2162 of 14 August 2024 implementing Decision 2014/932/CFSP concerning restrictive measures in view of the situation in Yemen

Official Journalof the European Union ENL series
2024/2162 14.8.2024
(1) On 18 December 2014, the Council adopted Decision 2014/932/CFSP.
(2) On 30 July 2024, the United Nations Security Council Committee established pursuant to United Nations Security Council Resolution 2140 (2014) deleted two persons from the list of persons and entities subject to restrictive measures.
(3) The Annex to Decision 2014/932/CFSP should therefore be amended accordingly,
3. Ali Abdullah Saleh (alias: Ali Abdallah Salih);
5. Ahmed Ali Abdullah Saleh (alias: Ahmed Ali Abdullah Al-Ahmar).
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,
Having regard to Council Decision 2014/932/CFSP of 18 December 2014 concerning restrictive measures in view of the situation in Yemen (1), and in particular Article 3 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) On 18 December 2014, the Council adopted Decision 2014/932/CFSP.
(2) On 30 July 2024, the United Nations Security Council Committee established pursuant to United Nations Security Council Resolution 2140 (2014) deleted two persons from the list of persons and entities subject to restrictive measures.
(3) The Annex to Decision 2014/932/CFSP should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
The Annex to Decision 2014/932/CFSP is amended in accordance with the Annex to this Decision.
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

The following entries are deleted from the list set out under the sub-heading ‘Persons’ in the Annex to Decision 2014/932/CFSP (‘List of persons and entities referred to in Articles 1(1), 2a(1) and Article 2b(1) and (2)’):
3. Ali Abdullah Saleh (alias: Ali Abdallah Salih);

5. Ahmed Ali Abdullah Saleh (alias: Ahmed Ali Abdullah Al-Ahmar).

Council Decision (EU) 2024/2153 of 4 March 2024 on the signing, on behalf of the Union, and provisional application of the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Kyrgyz Republic, of the other part

Official Journalof the European Union ENL series
2024/2153 13.9.2024
(1) On 21 September 2017, the Council authorised the opening of negotiations with the Kyrgyz Republic for an enhanced partnership and cooperation agreement.
(2) Building upon the desire of the Parties to strengthen and widen relations in an ambitious and innovative way, the negotiations for the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Kyrgyz Republic, of the other part (‘the Agreement’) were successfully concluded with the initialling of the Agreement on 6 July 2019.
(3) The Agreement should be signed on behalf of the Union, subject to its conclusion at a later date.
(4) The Agreement should be applied on a provisional basis, pending the completion of the procedures necessary for its entry into force.
(5) The signing of the Agreement on behalf of the Union and the provisional application of parts of the Agreement between the Union and the Kyrgyz Republic are without prejudice to the allocation of competences between the Union and its Member States in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union.
(6) It is recalled that the principles of sovereignty and territorial integrity of all States, including respect for United Nations Security Council (UNSC) Resolutions 541 (1983) and 550 (1984), constitute international obligations arising from, in particular, membership of the United Nations (UN),
(a) Title I;
(b) Title II: Articles 3, 4, 6 and 9;
(c) Title III: Article 14(1) and Article 15(2);
(d) Title IV, with the exception of Articles 26, 81, 82, 84 and 89 to the extent that those Articles concern criminal enforcement of intellectual property rights;
(e) Title V: Articles 254 to 257, Article 258 (with the exception of point (d)), Article 259, Article 260 (with the exception of paragraph 1, points (a), (c), and (f)) and Articles 261, 277 and 278;
(f) Title VI: Articles 304 to 309;
(g) Title VII, with the exception of Article 319(1) and (2), to the extent that the provisions of the Title are limited to the purpose of ensuring the provisional application of the Agreement;
(h) Annexes;
(i) Protocol on Mutual Administrative Assistance in Customs Matters.
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 207 and 209, in conjunction with Article 218(5) and Article 218(8), first subparagraph, thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) On 21 September 2017, the Council authorised the opening of negotiations with the Kyrgyz Republic for an enhanced partnership and cooperation agreement.
(2) Building upon the desire of the Parties to strengthen and widen relations in an ambitious and innovative way, the negotiations for the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Kyrgyz Republic, of the other part (‘the Agreement’) were successfully concluded with the initialling of the Agreement on 6 July 2019.
(3) The Agreement should be signed on behalf of the Union, subject to its conclusion at a later date.
(4) The Agreement should be applied on a provisional basis, pending the completion of the procedures necessary for its entry into force.
(5) The signing of the Agreement on behalf of the Union and the provisional application of parts of the Agreement between the Union and the Kyrgyz Republic are without prejudice to the allocation of competences between the Union and its Member States in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union.
(6) It is recalled that the principles of sovereignty and territorial integrity of all States, including respect for United Nations Security Council (UNSC) Resolutions 541 (1983) and 550 (1984), constitute international obligations arising from, in particular, membership of the United Nations (UN),
HAS ADOPTED THIS DECISION:
The signing on behalf of the Union of the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Kyrgyz Republic, of the other part (1), is hereby authorised, subject to the conclusion of the said Agreement.
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
Pending the completion of the procedures necessary for its entry into force, in accordance with Article 318 of the Agreement and subject to the notifications provided for therein, the following parts of the Agreement shall be applied provisionally between the Union and the Kyrgyz Republic, but only to the extent that they cover matters falling within the Union’s competence, including matters falling within the Union’s competence to define and implement a common foreign and security policy:

(a) Title I;
(b) Title II: Articles 3, 4, 6 and 9;
(c) Title III: Article 14(1) and Article 15(2);
(d) Title IV, with the exception of Articles 26, 81, 82, 84 and 89 to the extent that those Articles concern criminal enforcement of intellectual property rights;
(e) Title V: Articles 254 to 257, Article 258 (with the exception of point (d)), Article 259, Article 260 (with the exception of paragraph 1, points (a), (c), and (f)) and Articles 261, 277 and 278;
(f) Title VI: Articles 304 to 309;
(g) Title VII, with the exception of Article 319(1) and (2), to the extent that the provisions of the Title are limited to the purpose of ensuring the provisional application of the Agreement;
(h) Annexes;
(i) Protocol on Mutual Administrative Assistance in Customs Matters.

Where a Member State or the High Representative of the Union for Foreign Affairs and Security Policy (‘the High Representative’) considers that an international obligation arising from, in particular, UN membership, including respect for UNSC Resolutions 541 (1983) and 550 (1984), is not fulfilled, that Member State, or the High Representative, shall raise the issue within the Council, with a view to determining whether to hold consultations under the auspices of the Cooperation Council pursuant to Article 316(4) of the Agreement.
This Decision shall enter into force on the date of its adoption.

Council Decision (EU) 2024/2152 of 15 July 2024 on the signing, on behalf of the European Union, and provisional application of the Protocol (2024-2029) implementing the Fisheries Partnership Agreement between the European Community and the Republic of Cabo Verde

Official Journalof the European Union ENL series
2024/2152 21.8.2024
(1) The Fisheries Partnership Agreement between the European Community and the Republic of Cabo Verde(1)(‘the Agreement’), approved by Council Regulation (EC) No 2027/2006(2), entered into force on 30 March 2007. The Protocol thereto setting out the fishing opportunities and financial contribution provided for in the Agreement expired on 19 May 2024.
(2) On 19 December 2023, the Council adopted a Decision authorising the Commission to open negotiations with Cabo Verde for the conclusion of a new Protocol implementing the Agreement (‘the Protocol’).
(3) The Commission has negotiated, on behalf of the Union, a new Protocol implementing the Agreement. As a result of those negotiations, the Protocol was initialled on 15 April 2024.
(4) The objectives of the Protocol are to allow Union vessels to fish in Cabo Verde’s fishing zone and to enable the Union and Cabo Verde to work closely together to further promote the development of a sustainable fisheries policy and the responsible exploitation of fishery resources in Cabo Verde’s fishing zone. This cooperation will also contribute to decent working conditions in the fisheries sector.
(5) The Protocol provides for fishing opportunities for Union vessels in Cabo Verde’s waters, on the basis of the best available scientific advice and following the conservation and management measures adopted by the International Commission for the Conservation of Atlantic Tunas.
(6) This Protocol should therefore be signed on behalf of the Union, subject to its conclusion at a later date.
(7) This Protocol should apply as soon as possible in view of the economic importance of Union fishing activity in Cabo Verde’s fishing zone and the need to limit, as far as possible, the duration of any interruption of that activity.
(8) The Protocol should therefore apply on a provisional basis from the date of its signature.
(9) In accordance with the Treaties, the Commission will ensure the signature of the Protocol, subject to its conclusion.
(10) The European Data Protection Supervisor was consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the European Parliament and of the Council(3)and delivered an opinion on 5 July 2024,
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43 in conjunction with Article 218(5) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Fisheries Partnership Agreement between the European Community and the Republic of Cabo Verde (1) (‘the Agreement’), approved by Council Regulation (EC) No 2027/2006 (2), entered into force on 30 March 2007. The Protocol thereto setting out the fishing opportunities and financial contribution provided for in the Agreement expired on 19 May 2024.
(2) On 19 December 2023, the Council adopted a Decision authorising the Commission to open negotiations with Cabo Verde for the conclusion of a new Protocol implementing the Agreement (‘the Protocol’).
(3) The Commission has negotiated, on behalf of the Union, a new Protocol implementing the Agreement. As a result of those negotiations, the Protocol was initialled on 15 April 2024.
(4) The objectives of the Protocol are to allow Union vessels to fish in Cabo Verde’s fishing zone and to enable the Union and Cabo Verde to work closely together to further promote the development of a sustainable fisheries policy and the responsible exploitation of fishery resources in Cabo Verde’s fishing zone. This cooperation will also contribute to decent working conditions in the fisheries sector.
(5) The Protocol provides for fishing opportunities for Union vessels in Cabo Verde’s waters, on the basis of the best available scientific advice and following the conservation and management measures adopted by the International Commission for the Conservation of Atlantic Tunas.
(6) This Protocol should therefore be signed on behalf of the Union, subject to its conclusion at a later date.
(7) This Protocol should apply as soon as possible in view of the economic importance of Union fishing activity in Cabo Verde’s fishing zone and the need to limit, as far as possible, the duration of any interruption of that activity.
(8) The Protocol should therefore apply on a provisional basis from the date of its signature.
(9) In accordance with the Treaties, the Commission will ensure the signature of the Protocol, subject to its conclusion.
(10) The European Data Protection Supervisor was consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (3) and delivered an opinion on 5 July 2024,
HAS ADOPTED THIS DECISION:
The signing, on behalf of the European Union, of the Protocol (2024-2029) implementing the Fisheries Partnership Agreement between the European Community and the Republic of Cabo Verde (‘the Protocol’) is hereby authorised, subject to the conclusion of the Protocol (4).
The Commission will ensure the signature of the Protocol, subject to its conclusion.
The Protocol shall be applied provisionally, in accordance with Article 17 thereof, as from the date of its signature, pending its entry into force.
This Decision shall enter into force on the date of its adoption.

Commission Implementing Decision (EU) 2024/2150 of 5 August 2024 laying down rules for the application of Regulation (EU) 2024/1348 of the European Parliament and of the Council, as regards the adequate capacity of Member States and the maximum number of applications to be examined by a Member State in the border procedure per year

Official Journalof the European Union ENL series
2024/2150 9.8.2024
(1) It is necessary to set up the adequate capacity of a Member State and the maximum number of applications for international protection a Member State is required to examine in the border procedure per year. Pursuant to Article 47(5) of Regulation (EU) 2024/1348, the first implementing act setting up both figures should be adopted by the Commission on 12 August 2024, the second implementing act should be adopted by the Commission on 15 October 2027 and the subsequent acts on 15 October every three years thereafter.
(2) The data used for calculating the adequate capacity and the maximum number of applications to be examined by a Member State in the border procedure per year comprises the irregular border crossings, as reported by Member States to the European Border and Coast Guard Agency established by Regulation (EU) 2019/1896 of the European Parliament and of the Council(2)(‘Frontex’), which also includes arrivals following search and rescue operations, and refusals of entry at the external border, as per Eurostat data, calculated over a three-year period, and corresponds to the period from 1 January 2021 till 31 December 2023.
(3) In accordance with Article 4 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union (‘TEU’) and to the Treaty on the Functioning of the European Union (‘TFEU’), Ireland has notified its wish to accept and be bound by Regulation (EU) 2024/1348. Commission Decision (EU) 2024/2089(3)confirmed such participation. Ireland is therefore bound by this Decision.
(4) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,
Member State IBC(1)+ Refusal of entry Share based on IBC + Refusal of entry Adequate capacity for the border procedure
Belgium 4 668 0,4 % 106
Bulgaria 25 709 2,0 % 585
Czechia 1 035 0,1 % 24
Germany 16 425 1,2 % 374
Estonia 12 165 0,9 % 277
Ireland 20 370 1,5 % 464
Greece 96 130 7,3 % 2 188
Spain 145 009 11,0 % 3 301
France 27 040 2,1 % 615
Croatia 64 106 4,9 % 1 459
Italy 352 191 26,7 % 8 016
Cyprus 41 808 3,2 % 952
Latvia 7 928 0,6 % 180
Lithuania 17 737 1,3 % 404
Luxembourg 25 0,002 % 1
Hungary 338 978 25,7 % 7 716
Malta 2 638 0,2 % 60
Netherlands 9 290 0,7 % 211
Austria 1 810 0,1 % 41
Poland 68 705 5,2 % 1 564
Portugal 4 460 0,3 % 102
Romania 37 404 2,8 % 851
Slovenia 8 665 0,7 % 197
Slovakia 3 936 0,3 % 90
Finland 7 448 0,6 % 170
Sweden 2 360 0,2 % 54
Total 1 318 040 100,0 %(2) 30 000(3)
Member State 12 June 2026 – 12 June 2027 13 June 2027 – 14 October 2027
Belgium 212 318
Bulgaria 1 170 1 755
Czechia 48 72
Germany 748 1 122
Estonia 554 831
Ireland 928 1 392
Greece 4 376 6 564
Spain 6 602 9 903
France 1 230 1 845
Croatia 2 918 4 377
Italy 16 032 24 048
Cyprus 1 904 2 856
Latvia 360 540
Lithuania 808 1 212
Luxembourg 2 3
Hungary 15 432 23 148
Malta 120 180
Netherlands 422 633
Austria 82 123
Poland 3 128 4 692
Portugal 204 306
Romania 1 702 2 553
Slovenia 394 591
Slovakia 180 270
Finland 340 510
Sweden 108 162
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU (1), and in particular Article 47(1) thereof,
Whereas:
(1) It is necessary to set up the adequate capacity of a Member State and the maximum number of applications for international protection a Member State is required to examine in the border procedure per year. Pursuant to Article 47(5) of Regulation (EU) 2024/1348, the first implementing act setting up both figures should be adopted by the Commission on 12 August 2024, the second implementing act should be adopted by the Commission on 15 October 2027 and the subsequent acts on 15 October every three years thereafter.
(2) The data used for calculating the adequate capacity and the maximum number of applications to be examined by a Member State in the border procedure per year comprises the irregular border crossings, as reported by Member States to the European Border and Coast Guard Agency established by Regulation (EU) 2019/1896 of the European Parliament and of the Council (2) (‘Frontex’), which also includes arrivals following search and rescue operations, and refusals of entry at the external border, as per Eurostat data, calculated over a three-year period, and corresponds to the period from 1 January 2021 till 31 December 2023.
(3) In accordance with Article 4 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union (‘TEU’) and to the Treaty on the Functioning of the European Union (‘TFEU’), Ireland has notified its wish to accept and be bound by Regulation (EU) 2024/1348. Commission Decision (EU) 2024/2089 (3) confirmed such participation. Ireland is therefore bound by this Decision.
(4) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,
HAS ADOPTED THIS DECISION:
The number that corresponds to the adequate capacity of each Member State shall be as set in Annex I.
The maximum number of applications a Member State is required to examine in the border procedure per year shall be as set in Annex II.
This Decision shall enter into force on 12 August 2024.
It shall apply from 12 June 2026 until 14 October 2027.

Member State
IBC (1) + Refusal of entry
Share based on IBC + Refusal of entry
Adequate capacity for the border procedure
Belgium
4 668
0,4 %
106
Bulgaria
25 709
2,0 %
585
Czechia
1 035
0,1 %
24
Germany
16 425
1,2 %
374
Estonia
12 165
0,9 %
277
Ireland
20 370
1,5 %
464
Greece
96 130
7,3 %
2 188
Spain
145 009
11,0 %
3 301
France
27 040
2,1 %
615
Croatia
64 106
4,9 %
1 459
Italy
352 191
26,7 %
8 016
Cyprus
41 808
3,2 %
952
Latvia
7 928
0,6 %
180
Lithuania
17 737
1,3 %
404
Luxembourg
25
0,002 %
1
Hungary
338 978
25,7 %
7 716
Malta
2 638
0,2 %
60
Netherlands
9 290
0,7 %
211
Austria
1 810
0,1 %
41
Poland
68 705
5,2 %
1 564
Portugal
4 460
0,3 %
102
Romania
37 404
2,8 %
851
Slovenia
8 665
0,7 %
197
Slovakia
3 936
0,3 %
90
Finland
7 448
0,6 %
170
Sweden
2 360
0,2 %
54
Total
1 318 040
100,0 %
(2) 30 000
(3)

(1) Data on irregular crossings of the external border (IBC) provided by Frontex covers also arrivals following search and rescue operations.

(2) The total slightly deviates from the sum of the individual figures due to rounding.

(3) The total slightly deviates from the sum of the individual figures due to rounding.

Maximum number of applications a Member State is required to examine in the border procedure per year
(1)

Member State
12 June 2026 – 12 June 2027
13 June 2027 – 14 October 2027
Belgium
212
318
Bulgaria
1 170
1 755
Czechia
48
72
Germany
748
1 122
Estonia
554
831
Ireland
928
1 392
Greece
4 376
6 564
Spain
6 602
9 903
France
1 230
1 845
Croatia
2 918
4 377
Italy
16 032
24 048
Cyprus
1 904
2 856
Latvia
360
540
Lithuania
808
1 212
Luxembourg
2
3
Hungary
15 432
23 148
Malta
120
180
Netherlands
422
633
Austria
82
123
Poland
3 128
4 692
Portugal
204
306
Romania
1 702
2 553
Slovenia
394
591
Slovakia
180
270
Finland
340
510
Sweden
108
162

(1) The multipliers (times two and times three) are applied to the rounded figures for the adequate capacity for the border procedure listed in Annex I.

Council Implementing Decision (EU) 2024/2149 of 6 August 2024 on establishing the satisfactory fulfilment of the conditions for the payment of the first instalment of the non-repayable financial support and of the loan support under the Ukraine Plan of the Ukraine Facility

Official Journalof the European Union ENL series
2024/2149 8.8.2024
(1) Pillar I of the Ukraine Facility (‘the Facility’) makes available to Ukraine financial support of up to EUR 38 270 000 000 for the period 2024-2027 in the form of non-repayable support and of loans. Financing under Pillar I is mainly allocated on the basis of the Ukraine Plan (‘the Plan’). The Plan sets out the reform and investment agenda for Ukraine, and the qualitative and quantitative steps that are linked to the funding under Pillar I of the Facility.
(2) Pursuant to Article 19 of Regulation (EU) 2024/792, the Council adopted Implementing Decision (EU) 2024/1447(2)concerning the approval of the assessment of the Plan. The timetable for monitoring and implementing the Plan, including the qualitative and quantitative steps that are linked to the funding under Pillar I of the Facility, are set out in the Annex to Implementing Decision (EU) 2024/1447.
(3) The total sum of financial resources made available to the Plan by Implementing Decision (EU) 2024/1447 amounts to EUR 32 270 000 000, of which EUR 5 270 000 000 is in the form of non-repayable financial support and up to EUR 27 000 000 000 is in the form of a loan.
(4) In accordance with Articles 24 and 25 of Regulation (EU) 2024/792, EUR 6 000 000 000 has been made available to Ukraine as exceptional bridge financing and EUR 1 890 000 000 in the form of pre-financing representing an advanced payment of 7 % of the loan support that Ukraine is eligible to receive under the Plan.
(5) In accordance with Article 26(2) of Regulation (EU) 2024/792, on 9 July 2024, Ukraine submitted a duly justified request for the payment of the first instalment of the non-repayable financial support and of the loan support, amounting to EUR 4 365 691 244, as set out in the Annex to Implementing Decision (EU) 2024/1447. The request was accompanied by the documents required under Article 12 of the Framework Agreement, Article 5 of the Financing Agreement and Article 6 of the Loan Agreement concluded between the Union and Ukraine pursuant to Articles 9, 10 and 22 of Regulation (EU) 2024/792.
(6) Ukraine has provided, along with its request for payment, due justification of the satisfactory fulfillment of the nine steps due by Q2-2024, in accordance with Implementing Decision (EU) 2024/1447. The nine satisfactorily fulfilled steps relate to various reforms set out in the Plan under the chapters on public financial management, the fight against corruption and money laundering, management of public assets, business environment, the energy sector, and the agri-food sector. The Budget Declaration for 2025–2027, the strategic plan for the digitalisation of the State Customs Service, the strategic document on Mine Action for the period up to 2033, the strategy and action plan for thermal modernisation of buildings until 2050, and the Integrated National Energy and Climate Plan have been adopted, a new head of the National Agency on Corruption Prevention has been appointed, and the laws on the corporate governance of state-owned enterprises and on the revised legal basis of the Economic Security Bureau of Ukraine have entered into force.
(7) In accordance with Article 26(4) of Regulation (EU) 2024/792, the Commission assessed in detail the payment request submitted by Ukraine and made a positive assessment of the satisfactory fulfilment of the nine qualitative and quantitative steps for the first instalment as specified in the Annex to this Decision.
(8) The Commission assessed that Ukraine continues to fulfil the pre-condition for Union support as set out in Article 5 of Regulation (EU) 2024/792. In particular, Ukraine continues to uphold and respect effective democratic mechanisms, including a multi-party parliamentary system and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities.
(9) Therefore, this Decision should establish that the relevant conditions for payment of the first instalment have been satisfactorily fulfilled.
(10) Considering the difficult fiscal situation Ukraine is facing, it is of outmost importance to disburse the funds as soon as possible. In view of the urgency of the situation and in order to expedite the process, this decision should enter into force on the day of its publication in theOfficial Journal of the European Unionand should apply from the date of its adoption,
Name of the step: Adoption of the strategic plan for the digitalisation of the State Customs Service
Related Reform/Investment: Reform 1 Improved revenue management
Financed from: Loans
ContextThe requirement for step 2.2 described in the step description of the CID annex is:‘Adoption of the long-term national strategic plan for digital development, digital transformation and digitalisation of the State Customs Service.’Step 2.2 is the first step of Reform 1 of chapter 2 (Public Financial Management). By Q4-2024, Reform 1 envisages one additional step (2.1) aimed at the adoption of the strategic plan for digitalisation of the State Tax Service.
Evidence provided1.Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;2.Copy of the Order of the Ministry of Finance No 63 ‘On the implementation of the Decision of the Committee on Information Technology Management in the Public Finance Management System’ of 9 February 2024;3.Copy of the Annex to the Order of the Ministry of Finance No 63 on the Long-term national strategic plan for digital development, digital transformations and digitalisation of the State Customs Service of Ukraine of 9 February 2024. 1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447; 2. Copy of the Order of the Ministry of Finance No 63 ‘On the implementation of the Decision of the Committee on Information Technology Management in the Public Finance Management System’ of 9 February 2024; 3. Copy of the Annex to the Order of the Ministry of Finance No 63 on the Long-term national strategic plan for digital development, digital transformations and digitalisation of the State Customs Service of Ukraine of 9 February 2024.
1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
2. Copy of the Order of the Ministry of Finance No 63 ‘On the implementation of the Decision of the Committee on Information Technology Management in the Public Finance Management System’ of 9 February 2024;
3. Copy of the Annex to the Order of the Ministry of Finance No 63 on the Long-term national strategic plan for digital development, digital transformations and digitalisation of the State Customs Service of Ukraine of 9 February 2024.
AnalysisThe justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 2.2.The Strategy was adopted by the Ministry of Finance on 9 February 2024 through Order No 63. The Strategy covers the long-term plan for the digital development, digital transformation, and digitalisation of the State Customs Service of Ukraine on the basis of EU Union Customs Code Work Programme and the Multi-annual Strategic Plan for Electronic Customs (MASP-C), the European Union’s major initiative for digitalising the EU customs system. Section 1 of the Strategy outlines the overall objective of digitalisation and alignment with EU norms. Section 2 outlines the specific target benchmarks to be met to achieve this objective, and Section 3 outlines the principles that will guide the implementation of the relevant measures. Section 4 outlines the sequence of steps to be taken to achieves these goals and defines the groups of projects according to the level of involvement of EU institutions and Member States. Section 5 outlines the approach to restructuring the relevant IT infrastructure, including its alignment with EU approaches. Finally, Section 6 outlines the processes the State Customs Service and the Ministry of Finance shall use to manage the process of change and reform.
Commission Assessment:Satisfactorily fulfilled
1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
2. Copy of the Order of the Ministry of Finance No 63 ‘On the implementation of the Decision of the Committee on Information Technology Management in the Public Finance Management System’ of 9 February 2024;
3. Copy of the Annex to the Order of the Ministry of Finance No 63 on the Long-term national strategic plan for digital development, digital transformations and digitalisation of the State Customs Service of Ukraine of 9 February 2024.
Name of the step: Approval of the Budget Declaration for 2025-2027
Related Reform/Investment: Reform 2 Improved public financial management
Financed from: Loans
ContextThe requirement for step 2.3 described in the step description of the CID annex is:‘The Budget Declaration for 2025-2027 is approved and submitted to the Parliament. The Declaration focuses on these main areas: i) key macroeconomic projections of economic and social development of the country; ii) key budget indicators (revenues, expenditures, budget deficit, public debt); iii) public policy priorities by spheres and expenditure ceilings for each key spending unit; iv) relations between the state budget and local budgets, including necessary guidance for preparing medium-term forecasts of local budgets; v) fiscal risks assessment’.Step 2.3 is the first step of Reform 2 of chapter 2 (Public Finance Management). By Q4-2026, Reform 2 envisages two additional steps: step 2.4 aimed at introducing a spending review of the state budget; and step 2.5 concerning an amendment of the Budget Code to define procedure for managing fiscal risks of local budgets.
Evidence provided1.Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;2.Resolution of the Cabinet of Minister No 751 from 28 June 2024 that adopts the Budget Declaration for the period 2025-2027;3.Copy of the Budget Declaration for 2025-2027 as approved on 28 June 2024;4.Notification of the submission of the Budget Declaration to the Verkhovna Rada on 28 June 2024;5.Copy of the Ukraine Budget Code. 1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447; 2. Resolution of the Cabinet of Minister No 751 from 28 June 2024 that adopts the Budget Declaration for the period 2025-2027; 3. Copy of the Budget Declaration for 2025-2027 as approved on 28 June 2024; 4. Notification of the submission of the Budget Declaration to the Verkhovna Rada on 28 June 2024; 5. Copy of the Ukraine Budget Code.
1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
2. Resolution of the Cabinet of Minister No 751 from 28 June 2024 that adopts the Budget Declaration for the period 2025-2027;
3. Copy of the Budget Declaration for 2025-2027 as approved on 28 June 2024;
4. Notification of the submission of the Budget Declaration to the Verkhovna Rada on 28 June 2024;
5. Copy of the Ukraine Budget Code.
AnalysisThe justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 2.3.The Budget Declaration for the 2025-2027 period was approved on 28 June 2024 and was submitted on the same day to the Parliament. It estimates key macroeconomic projections of economic and social development of the country, and indicators such as economic growth rate, inflation indexes, unemployment and exchange rates over the period 2025-2027.The Budget Declaration also estimates key budget indicators related to revenues (such as tax revenues or dividends from state-owned enterprises), expenditures (divided and categorized by policy areas), budget deficit and public debt. It also details public policy priorities by spheres and expenditure ceilings for each key spending unit. The main public policy priorities concern areas such as social protection, education, health care, business environment/support of small and medium-sized businesses, agriculture and energy.The document also identifies and describes the relations between the state and local budget. Among others, the state budget policy on local budgets is expected to further develop medium-term budget planning and strengthen financial capacity at local level. By forecasting the amount of revenues of local budgets over the period 2025-2027, the state budget provides guidance to local budgets to prepare medium-term forecasting.Finally, the Budget Declaration 2025-2027 includes an assessment of fiscal risks and their impact on state budget indicators over the three years reporting period. The fiscal risks include war-related uncertainties, impact of the destruction of energy infrastructure, barriers to trade and transport freights and stability of international financial assistance.
Commission Assessment:Satisfactorily fulfilled
1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
2. Resolution of the Cabinet of Minister No 751 from 28 June 2024 that adopts the Budget Declaration for the period 2025-2027;
3. Copy of the Budget Declaration for 2025-2027 as approved on 28 June 2024;
4. Notification of the submission of the Budget Declaration to the Verkhovna Rada on 28 June 2024;
5. Copy of the Ukraine Budget Code.
Name of the step: Adoption of the Action plan for the implementation of the Roadmap for reforming public investment management
Related Reform/Investment: Reform 4. Improved public investment management
Financed from: Loans
ContextThe requirement for step 2.7 described in the step description of the CID annex is:Adoption of the Action plan for the implementation of the Roadmap for reforming public investment management. The action plan focuses on these main areas and includes the sequencing and timeframe:—introduction of strategic planning for public investment in close connection with budget planning;—definition of the roles of all participants at all stages of the investment project cycle;—establishment of unified approaches to the selection, evaluation and monitoring of investment projects, regardless of the sources of funding (budget revenues, international donors, state (local) guarantees, concessions, public-private partnerships) to enable the preparation of single project pipeline;—definition of prioritisation criteria that capture defined needs, maturity of projects, and alignment with sectoral and/or regional strategies in the context of the public investment management;—introduction of an independent assessment of large public investment projectsStep 2.7 is the first step in the implementation of Reform 4 of chapter 2 (Public Financial Management). Reform 4 has an additional step 2.8 due in Q3-2025 aimed at the development and implementation of the digital management tool for the reconstruction of Ukraine. — introduction of strategic planning for public investment in close connection with budget planning; — definition of the roles of all participants at all stages of the investment project cycle; — establishment of unified approaches to the selection, evaluation and monitoring of investment projects, regardless of the sources of funding (budget revenues, international donors, state (local) guarantees, concessions, public-private partnerships) to enable the preparation of single project pipeline; — definition of prioritisation criteria that capture defined needs, maturity of projects, and alignment with sectoral and/or regional strategies in the context of the public investment management; — introduction of an independent assessment of large public investment projects
— introduction of strategic planning for public investment in close connection with budget planning;
— definition of the roles of all participants at all stages of the investment project cycle;
— establishment of unified approaches to the selection, evaluation and monitoring of investment projects, regardless of the sources of funding (budget revenues, international donors, state (local) guarantees, concessions, public-private partnerships) to enable the preparation of single project pipeline;
— definition of prioritisation criteria that capture defined needs, maturity of projects, and alignment with sectoral and/or regional strategies in the context of the public investment management;
— introduction of an independent assessment of large public investment projects
Evidence provided—Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;—Copy of the Resolution of the Cabinet of Ministers No 588-p from 18 June 2024 that adopted the Action Plan;—Copy of the adopted ‘Action Plan to implement the Roadmap for reforming public investment management 2024-2028’. — Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447; — Copy of the Resolution of the Cabinet of Ministers No 588-p from 18 June 2024 that adopted the Action Plan; — Copy of the adopted ‘Action Plan to implement the Roadmap for reforming public investment management 2024-2028’.
— Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
— Copy of the Resolution of the Cabinet of Ministers No 588-p from 18 June 2024 that adopted the Action Plan;
— Copy of the adopted ‘Action Plan to implement the Roadmap for reforming public investment management 2024-2028’.
AnalysisThe justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 2.7.The Action Plan to implement the Roadmap for reforming public investment management was adopted on 18 June by the Government. It outlines the actions that are to be taken and the entities responsible for implementation of the ‘Roadmap for reforming public investment management’.The Action Plan introduces strategic planning for public investment in close connection with budget planning. In this regard, Objective 1 establishes the sequencing and timeframe for reforms to the budget planning process, including through legal amendments to the budget code, that will be taken to ensure alignment with strategic planning for public investment. These include changes related to updating the definition of public investment projects and associated expenditures; determining the amount of fiscal resources available for public investment; introducing the medium-term planning of investment expenditures; and ensuring only projects selected through the established strategic planning system are funded under the budget. Objective 2 establishes the sequencing and timeframe for the introduction of strategic planning of public investments. This includes the establishment of the Strategic Investment Council; the development of a national system of strategic planning, covering the key planning processes and documents; the development of national, sectoral, and regional strategies and associated methodologies and processes; and developing a medium-term plan for priority public investment. Objective 2 further specifies that the national system for strategic planning will include compliance with the macro-fiscal framework as a key feature. Objective 4 establishes the sequencing and timeframe for improving the medium-term budget planning process for public investments. This includes the management and control of multiannual budget commitments over the lifecycle of the investments; the selection of public investments for financing; and the assessment and management of fiscal risks and contingent liabilities.The Action Plan defines the roles of all participants at all stages of the investment project cycle. In this sense, Objective 1 establishes that the amendments of the laws on the budget code and public investment management shall define the functions of the participants in the process of public investment management. Objective 3 further establishes the sequencing and timeframe for the creation of the new procedures and methodologies for each step in the investment project cycle, covering preparation, screening, prioritisation, appraisal, selection, risk identification, implementation, monitoring, and performance evaluation. Each output is required to clearly identify the distribution of functions amongst participants in the process.The Action Plan establishes a unified approach to the selection, evaluation and monitoring of investment projects, regardless of the sources of funding (budget revenues, international donors, state (local) guarantees, concessions, public-private partnerships) to enable the preparation of a single project pipeline. In this sense, Objective 3 establishes the sequencing and timeframe for the creation of a unified methodological approach for each step in the investment project cycle, with the objective of creating a single pipeline of public investment projects. It also specifies that this shall be established regardless of the source of funding and establishes the methodology for determining the sources/mechanisms of financing public investment projects that have been selected.The Action Plan also defines the prioritisation criteria that capture defined needs, maturity of projects, and alignment with sectoral and/or regional strategies in the context of public investment management. In this regard, Objective 3 specifies that prioritisation shall be done according to criteria of strategic relevance, financial feasibility, social and economic efficiency, technical feasibility, institutional capacity and climate resilience. It also specifies that the appraisal of projects shall take into account the degree of urgency of meeting public needs and specifies that prioritisation shall be done according to project maturity and compliance with sectoral and/or regional strategic priorities.Finally, the Action Plan introduces an independent assessment of large public investment projects. In this sense, Objective 3 establishes the sequencing and timeframe for introducing an independent assessment for large public investment projects into the investment appraisal process.
Commission Assessment:Satisfactorily fulfilled
— introduction of strategic planning for public investment in close connection with budget planning;
— definition of the roles of all participants at all stages of the investment project cycle;
— establishment of unified approaches to the selection, evaluation and monitoring of investment projects, regardless of the sources of funding (budget revenues, international donors, state (local) guarantees, concessions, public-private partnerships) to enable the preparation of single project pipeline;
— definition of prioritisation criteria that capture defined needs, maturity of projects, and alignment with sectoral and/or regional strategies in the context of the public investment management;
— introduction of an independent assessment of large public investment projects
— Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
— Copy of the Resolution of the Cabinet of Ministers No 588-p from 18 June 2024 that adopted the Action Plan;
— Copy of the adopted ‘Action Plan to implement the Roadmap for reforming public investment management 2024-2028’.
Name of the step: Appointment of a new head of the National Agency on Corruption Prevention
Related Reform/Investment: Developing the institutional capacity of the anti-corruption framework
Financed from: Non-repayable support
ContextThe requirement for step 4.2 described in the step description of the CID annex is:‘A new head of the National Agency on Corruption Prevention is appointed following a selection procedure in line with the Law on the Prevention of Corruption’.Step 4.2 is the first step in the implementation of Reform 1 of chapter 4 (Fight Against Corruption and Money Laundering). It is followed by steps 4.1 due by Q3-2024 that aims to increase manpower for the Specialised Anti-Corruption Prosecutor’s Office and 4.3 due by Q1-2025 that aims to increase manpower for the High Anti-Corruption Court.
Evidence provided1.Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;2.Copy of the Decree of the Cabinet of Ministers of Ukraine No 162-r on the appointment of Mr Pavlushchyk as the Head of the National Agency on Corruption Prevention of 27 February 2024;3.Copy of the Decree of the Cabinet of Ministers of Ukraine No 944-r on the approval of the composition of the Competition Committee for the position of the Head of the National Agency on Corruption Prevention of 13 October 2023;4.Copy of the minutes of the meetings of the Competition Committee held on 10 and 30 November 2023, on 28 December 2023, on 4 and 8 January 2024, on 5, 20, 24 and 25 of February for the selection of the Head of the National Agency on Corruption Prevention;5.Copy of Law of Ukraine on Prevention of Corruption No 1700-VII/2014; 1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447; 2. Copy of the Decree of the Cabinet of Ministers of Ukraine No 162-r on the appointment of Mr Pavlushchyk as the Head of the National Agency on Corruption Prevention of 27 February 2024; 3. Copy of the Decree of the Cabinet of Ministers of Ukraine No 944-r on the approval of the composition of the Competition Committee for the position of the Head of the National Agency on Corruption Prevention of 13 October 2023; 4. Copy of the minutes of the meetings of the Competition Committee held on 10 and 30 November 2023, on 28 December 2023, on 4 and 8 January 2024, on 5, 20, 24 and 25 of February for the selection of the Head of the National Agency on Corruption Prevention; 5. Copy of Law of Ukraine on Prevention of Corruption No 1700-VII/2014;
1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
2. Copy of the Decree of the Cabinet of Ministers of Ukraine No 162-r on the appointment of Mr Pavlushchyk as the Head of the National Agency on Corruption Prevention of 27 February 2024;
3. Copy of the Decree of the Cabinet of Ministers of Ukraine No 944-r on the approval of the composition of the Competition Committee for the position of the Head of the National Agency on Corruption Prevention of 13 October 2023;
4. Copy of the minutes of the meetings of the Competition Committee held on 10 and 30 November 2023, on 28 December 2023, on 4 and 8 January 2024, on 5, 20, 24 and 25 of February for the selection of the Head of the National Agency on Corruption Prevention;
5. Copy of Law of Ukraine on Prevention of Corruption No 1700-VII/2014;
AnalysisThe justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 4.2.The Cabinet of Ministers of Ukraine adopted the Decree of the Cabinet of Ministers of Ukraine No 162-r which appointed Mr Victor Volodimirovich Pavlushchyk as the Head of the National Agency on Corruption on 27.2.2024.The minutes of the meetings of the Competition Committee held on the 25.2.2024 for the selection of the Head of the National Agency on Corruption Prevention (‘the Minutes’) show that the selection of the Head of the National Agency on Corruption Prevention was done in line with Article 6 ‘Procedure for Competitive Selection and Appointment of the Chairman of the National Agency’ of the Law of Ukraine on the Prevention of Corruption No 1700-VII (‘the Law’). The minutes show that, in line with Article 6(2) of the Law, the Competition Commission included three members appointed by the Cabinet of Ministers of Ukraine, and three members appointed by the Cabinet of Ministers of Ukraine based on proposals of donors who have provided international technical assistance to Ukraine in preventing and combating corruption. Mr Pavlushchyk received six votes in favour and was selected as the most suitable candidate as Head of the National Agency on Corruption Prevention.
Commission Assessment:Satisfactorily fulfilled
1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
2. Copy of the Decree of the Cabinet of Ministers of Ukraine No 162-r on the appointment of Mr Pavlushchyk as the Head of the National Agency on Corruption Prevention of 27 February 2024;
3. Copy of the Decree of the Cabinet of Ministers of Ukraine No 944-r on the approval of the composition of the Competition Committee for the position of the Head of the National Agency on Corruption Prevention of 13 October 2023;
4. Copy of the minutes of the meetings of the Competition Committee held on 10 and 30 November 2023, on 28 December 2023, on 4 and 8 January 2024, on 5, 20, 24 and 25 of February for the selection of the Head of the National Agency on Corruption Prevention;
5. Copy of Law of Ukraine on Prevention of Corruption No 1700-VII/2014;
Name of the step: Entry into force of the legislation on corporate governance of state-owned enterprises
Related Reform/Investment: Reform 2. Improved governance and management of SOEs
Financed from: Non-repayable support
ContextThe requirement for step 2.7 described in the step description of the CID annex is:Entry into force of the new law on corporate governance of SOEs taking into account OECD guidelines on corporate governance. The law focuses on these main areas:—defining the powers of SOEs’ supervisory boards to appoint and dismiss CEOs;—defining the powers of SOEs’ supervisory boards to approve the strategic, investment and financial plans documents of SOEs;—establishing an annual evaluation procedure for the supervisory boards of SOEs.Step 6.2 is the first step out of four under this reform in chapter 6 (Management of Public Assets). It is followed by step 6.3 due in Q2-2026 that aims to appoint supervisory boards with a majority of independent members in at least 15 top key state-owned enterprises (SOEs) corporatising at least 15 top key SOEs as either joint-stock companies or limited liability companies (step) and by step 6.4 due in Q3-2026 that aims to implement corporate governance principles across the consolidated SOE management entities. — defining the powers of SOEs’ supervisory boards to appoint and dismiss CEOs; — defining the powers of SOEs’ supervisory boards to approve the strategic, investment and financial plans documents of SOEs; — establishing an annual evaluation procedure for the supervisory boards of SOEs.
— defining the powers of SOEs’ supervisory boards to appoint and dismiss CEOs;
— defining the powers of SOEs’ supervisory boards to approve the strategic, investment and financial plans documents of SOEs;
— establishing an annual evaluation procedure for the supervisory boards of SOEs.
Evidence provided—Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;—Copy of the law No 3587-IX ‘On making changes to some legislative acts of Ukraine regarding the improvement of corporate governance’ (the Law) from 22 February 2024;—Copy of the law No 185-V Law of Ukraine ‘On Management of State-Owned Property’ from 1 July 2024;—Copy of the Commercial Code of Ukraine, No 436-IV from 8 March 2024;—Copy of the law No 2465-IX ‘On the Joint Stock Companies’ from 27 April 2024; — Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447; — Copy of the law No 3587-IX ‘On making changes to some legislative acts of Ukraine regarding the improvement of corporate governance’ (the Law) from 22 February 2024; — Copy of the law No 185-V Law of Ukraine ‘On Management of State-Owned Property’ from 1 July 2024; — Copy of the Commercial Code of Ukraine, No 436-IV from 8 March 2024; — Copy of the law No 2465-IX ‘On the Joint Stock Companies’ from 27 April 2024;
— Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
— Copy of the law No 3587-IX ‘On making changes to some legislative acts of Ukraine regarding the improvement of corporate governance’ (the Law) from 22 February 2024;
— Copy of the law No 185-V Law of Ukraine ‘On Management of State-Owned Property’ from 1 July 2024;
— Copy of the Commercial Code of Ukraine, No 436-IV from 8 March 2024;
— Copy of the law No 2465-IX ‘On the Joint Stock Companies’ from 27 April 2024;
AnalysisThe justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of the step description.The law No 3587-IX ‘On making changes to some legislative acts of Ukraine regarding the improvement of corporate governance’ (the Law) entered into force on 8 March 2024.The law takes into account relevant OECD guidelines on corporate governance, as stated in the G20/OECD Principles of Corporate Governance 2023. In particular, it is aligned with principles V.D.1. and V.D.4. which state the key functions of the boards: i) reviewing and guiding strategy, major plans of action, annual budgets and business plans, setting performance objectives, monitoring implementation and corporate performance, and overseeing major capital expenditures, acquisitions and divestitures (V.D.1); and ii) selecting, overseeing and monitoring the performance of key executives, and, when necessary, replacing them and overseeing succession planning (V.D.4.). It is also aligned with principle V.E.4. which states that the boards should regularly carry out evaluations to appraise their performance and assess whether they possess the right mix of background and competences, including with respect to gender and other forms of diversity.The law defines the powers of SOEs’ supervisory boards to appoint and dismiss CEOs. Article 11-4 Paragraph 7 of the previous version of the Law No 185-V on ‘On Management of State Property Objects’ determined the appointment to the position and termination of powers of the CEO as exclusive competence of the supervisory board of a state unitary enterprise. The Law No 3587-IX (‘The Law’) amended Article 11-4 to ensure it applies both to state unitary enterprises and to other business associations with 50 % or more shares belonging to the state. Furthermore, the Law clarified the role of supervisory boards in appointing CEOs in SOEs where the Cabinet of Ministers acts as an ownership entity. Prior to the amendment of the Law, the State Property Management Law prescribed that the Cabinet of Ministers was entitled to appoint the CEO in such SOEs, while the Law of Ukraine No 2465-IX on ‘On Joint stock companies’ provided for the general rule that appointment and dismissal of the CEO is reserved for the supervisory board. This overlap caused confusion and discussions on which law prevails in such SOEs. The new Law removed the confusing provision from the State Property Management Law and the general rule now applies to all SOES organised as joint stock companies.The law defines the powers of SOEs’ supervisory boards to approve the strategic, investment and financial plans documents of SOEs. The Law introduced amendments to other relevant laws to ensure the SOE supervisory boards approve the strategic, investment and financial plans documents of SOEs. In particular, according to the amendments to the Article 11-4 of the Law ‘On Management of State-Owned Objects’, the exclusive competence of the Supervisory board (in case it is formed) of a state unitary enterprise or business associations shall include, inter alia, approval of the strategic plan for the development of the state unitary enterprise, approval of the annual financial plan and the report on its implementation, the annual investment plan, and the investment plan for the medium term (three to five years). Furthermore, according to the amendments to the Article 7-1, 1-1 in Law of Ukraine ‘On Joint stock companies’, one of the exclusive competences of the supervisory boards of a Joint Stock Company is approval of the strategic development plan and performance indicators of the joint-stock company, the annual financial plan and the report on its implementation, and annual and medium-term investment plans. Similar amendments were introduced in other relevant laws, such as the Commercial Code of Ukraine, No 436-IV, which states that the formation of financial, investment plans and strategic development plan are mandatory for SOEs, and these documents are approved by the supervisory board (in case it is formed).Finally, the Law establishes an annual evaluation procedure for the supervisory boards of SOEs. According to the amendments to the Article 11-7 in the Law ‘On Management of State Property Objects’, the activities of the supervisory board of a state unitary enterprise or a business association in which the formation of the supervisory board is mandatory shall be evaluated at least once every three years. The results of the assessment will be published on the SOE’s website within two working days from the date of their approval.
Commission Assessment:Satisfactorily fulfilled
— defining the powers of SOEs’ supervisory boards to appoint and dismiss CEOs;
— defining the powers of SOEs’ supervisory boards to approve the strategic, investment and financial plans documents of SOEs;
— establishing an annual evaluation procedure for the supervisory boards of SOEs.
— Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
— Copy of the law No 3587-IX ‘On making changes to some legislative acts of Ukraine regarding the improvement of corporate governance’ (the Law) from 22 February 2024;
— Copy of the law No 185-V Law of Ukraine ‘On Management of State-Owned Property’ from 1 July 2024;
— Copy of the Commercial Code of Ukraine, No 436-IV from 8 March 2024;
— Copy of the law No 2465-IX ‘On the Joint Stock Companies’ from 27 April 2024;
Name of the step: Entry into force of the law on revising the legal basis of the Economic Security Bureau of Ukraine.
Related Reform/Investment: Reform of the Economic Security Bureau of Ukraine
Financed from: Non-repayable support
ContextThe CID Annex describes the requirements of step 8.3 as follows:‘Entry into force of the law on revising the legal basis of the activity of the Economic Security Bureau of Ukraine. The new legislation focuses on these main areas:—developing an open, transparent and competitive process for selection of management and staff, selection of the new head on merit-based procedure defined by law—strengthening requirements for the selection commission;—introducing a contract system for employees;—defining a clearer scope and a mandate;—developing a mechanism of attestation of staff.’Step 8.3 is the only step under Reform 2 of chapter 8 (Business environment), concerned with the reform of the Economic Security Bureau of Ukraine. The step complements Reform 1 under chapter 3 (Judicial system) on enhancing the accountability, integrity and professionalism in the judiciary. — developing an open, transparent and competitive process for selection of management and staff, selection of the new head on merit-based procedure defined by law — strengthening requirements for the selection commission; — introducing a contract system for employees; — defining a clearer scope and a mandate; — developing a mechanism of attestation of staff.’
— developing an open, transparent and competitive process for selection of management and staff, selection of the new head on merit-based procedure defined by law
— strengthening requirements for the selection commission;
— introducing a contract system for employees;
— defining a clearer scope and a mandate;
— developing a mechanism of attestation of staff.’
Evidence provided—Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;—Copy of law No 3840-IX ‘On Amendments to Certain Legislative Acts of Ukraine to Improve the Work of the Bureau of Economic Security of Ukraine’ from 20 June 2024. — Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447; — Copy of law No 3840-IX ‘On Amendments to Certain Legislative Acts of Ukraine to Improve the Work of the Bureau of Economic Security of Ukraine’ from 20 June 2024.
— Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
— Copy of law No 3840-IX ‘On Amendments to Certain Legislative Acts of Ukraine to Improve the Work of the Bureau of Economic Security of Ukraine’ from 20 June 2024.
AnalysisThe justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 8.3.The Law No 3840-IX ‘On Amendments to Certain Legislative Acts of Ukraine to Improve the Work of the Bureau of Economic Security of Ukraine’ was approved by the Verkhovna Rada on 20 June, signed by President on 28 June, and entered into force with the publication in the Official Journal on 29 June 2024.The Law describes an open, transparent, and competitive process for the selection of management and staff, including for the selection of a new head (Director) based on defined merit-based procedures. The Law outlines the character and professional competency requirements for candidates to the position of Director, including the necessary knowledge, experience, analytical abilities, leadership abilities, oral and written communication skills. This is achieved through amendments to Articles 15 and 19.Article 15 of the Law also defines the selection process including the engagement of a strengthened selection commission composed of six persons. Out of the six, three persons will be designated by the Cabinet of Ministers of Ukraine while the other three persons will be appointed by the Cabinet of Ministers on the basis of proposals from international organisations providing technical assistance to Ukraine in the field of preventing and combating corruption and reforming law enforcement agencies according to international treaties. Article 15 also describes the requirements for the selection committee members, their powers, and responsibilities as well as the procedures for decision-making. The Law dictates that the selection commission will select no more than two candidates.The Law describes the introduction of a contract system through which appointments to a position at the Bureau can be based on a service contract, concluded on the grounds and in the manner determined by the Cabinet of Ministers.The Law provides a clearer scope and mandate for the Economic Security Bureau of Ukraine through an amendment of Article 8 of the separate Law ‘On Operational and Investigative Activities’, and by introducing in the same Law the provision that the right to perform these activities belongs exclusively to the Economic Security Bureau of Ukraine and the National Anti-corruption Bureau of Ukraine.The Law defines the procedures for the mandatory re-certification of employees, aimed at ensuring the appropriate level of integrity and professional competence of employees at the Economic Security Bureau. Certification will begin once the order of the new Director is published on the Bureau’s official website. Within 14 days of from the day of publication, employees who are subject to one-time certification must submit a written statement of either consent or refusal to undergo certification. The Law states that the certification period cannot exceed 18 months from the date of appointment of the Director, except for special cases. Certification will be conducted by a 12-member certification commission of which 6 persons will be identified by the Director and 6 by international organisations. If not already regulated by the Law, the procedures for organising and conducting the certification, the criteria, and methodology for assessing integrity and professional competence of employees during the certification process will be determined by the Director in consultation with the certification commission. The Law divides the certification process into two stages as follows: (i) the certification for the heads of departments of the central apparatus and their deputies, and the heads of territorial departments and their deputies; and (ii) the certification of other employees.
Commission Assessment:Satisfactorily fulfilled
— developing an open, transparent and competitive process for selection of management and staff, selection of the new head on merit-based procedure defined by law
— strengthening requirements for the selection commission;
— introducing a contract system for employees;
— defining a clearer scope and a mandate;
— developing a mechanism of attestation of staff.’
— Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
— Copy of law No 3840-IX ‘On Amendments to Certain Legislative Acts of Ukraine to Improve the Work of the Bureau of Economic Security of Ukraine’ from 20 June 2024.
Name of the step: Adoption of the Integrated National Energy and Climate Plan
Related Reform/Investment: Reform 1. Integrated National Energy and Climate Plan
Financed from: Loans
ContextThe requirement for step 10.1 described in the step description of the CID annex is:‘Adoption of the Ordinance of the Cabinet of Ministers of Ukraine on approving the Integrated National Energy and Climate Plan to establish national climate neutrality objectives and ensure appropriate planning after duly taking into account the recommendations from the Energy Community. The plan defines targets to be achieved by 2030 on: – GHG reductions, including through market-based carbon pricing mechanisms; – the share of renewable sources in gross final consumption of energy; – the energy saving in final energy consumption’.Step 10.1 is the sole step in the implementation of Reform 1 of chapter 10 (Energy sector).
Evidence provided1.Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;2.Copy of the Adoption of the Ordinance of the Cabinet of Ministers of Ukraine No 587-p of 25 June 2024 on approving the Integrated National Energy and Climate Plan of Ukraine;3.Copy of the adopted Integrated National Energy and Climate Plan of Ukraine;4.Recommendations of the Energy Community Secretariat on Ukraine’s draft Integrated National Energy and Climate Plan, as published on the Energy Communities’ website;5.Written comments of Ukraine Government on the Recommendations of the Energy Communities Secretariat as published on the Ministry of Economy’s website. 1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447; 2. Copy of the Adoption of the Ordinance of the Cabinet of Ministers of Ukraine No 587-p of 25 June 2024 on approving the Integrated National Energy and Climate Plan of Ukraine; 3. Copy of the adopted Integrated National Energy and Climate Plan of Ukraine; 4. Recommendations of the Energy Community Secretariat on Ukraine’s draft Integrated National Energy and Climate Plan, as published on the Energy Communities’ website; 5. Written comments of Ukraine Government on the Recommendations of the Energy Communities Secretariat as published on the Ministry of Economy’s website.
1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
2. Copy of the Adoption of the Ordinance of the Cabinet of Ministers of Ukraine No 587-p of 25 June 2024 on approving the Integrated National Energy and Climate Plan of Ukraine;
3. Copy of the adopted Integrated National Energy and Climate Plan of Ukraine;
4. Recommendations of the Energy Community Secretariat on Ukraine’s draft Integrated National Energy and Climate Plan, as published on the Energy Communities’ website;
5. Written comments of Ukraine Government on the Recommendations of the Energy Communities Secretariat as published on the Ministry of Economy’s website.
AnalysisThe justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 10.1.The Cabinet of Ministers of Ukraine adopted Ordinance No 587-p on the approval of the ‘Integrated National Energy and Climate Plan’ (hereinafter INECP) for Ukraine on 25 June 2024. The adopted INECP summarises the scope of the document, highlighting its strategic relevance as an instrument to coordinate and plan energy and climate policies as well to ensure Ukraine’s development and economic recovery. Given the comprehensive set of objectives and strategies set up in the document, the INECP is also expected to contribute to the national climate neutrality objective by 2050. Considering the unprecedented level of war-related uncertainties and given the exposure of the energy and climate policies set up in the INECP to such uncertainties, the Ordinance on the approval of the INECP also establishes a deadline for the INECP to be updated by December 2025.On the basis of the Regulation (EU) 2018/1999, as a contracting party of the Energy Communities, Ukraine submitted a draft of the INCEP to the Energy Community Secretariat (EnCS) and they provided their recommendations to the Ukraine’s INECP.The INECP was adopted after having duly taken into account the EnCS’ recommendations. The adopted version integrates and implements a significant part of the recommendations. This includes the commitment to establish a monitoring and implementation system to support the implementation of the INECP and coordinate its future revisions. In addition, Ukraine has provided preliminary comments and motivations to all the EnCS’ recommendations. For each recommendation, Ukraine indicates whether it has: i) addressed and integrated them in the adopted INECP; ii) partially addressed them; iii) not addressed them. For those recommendations that were only partially or not addressed, Ukraine motived the reasons for doing so, and published them on the website of the Ministry of Economy.The INECP defines targets to be achieved by 2030 on: i) greenhouse gas reductions, including through market-based carbon pricing mechanisms; ii) the share of renewable sources in gross final consumption of energy; iii) the energy saving in final energy consumption. The adopted INECP defines targets to be achieved by 2030. In particular, the INECP identifies the following national objectives and targets:—A reduction of Ukraine’s total GHG emission by 2030 compared to 1990 emissions levels by 65 %. The INECP also reports the assumptions behind the estimates on the reduction of GHG emissions, to be achieved also by carbon pricing mechanisms.—Achieve 27 % share of renewable energy sources in the total final energy consumption by 2030.—Primary energy consumption no exceeding 72,224 Mtoe and final energy consumption – 42,168 Mtoe. — A reduction of Ukraine’s total GHG emission by 2030 compared to 1990 emissions levels by 65 %. The INECP also reports the assumptions behind the estimates on the reduction of GHG emissions, to be achieved also by carbon pricing mechanisms. — Achieve 27 % share of renewable energy sources in the total final energy consumption by 2030. — Primary energy consumption no exceeding 72,224 Mtoe and final energy consumption – 42,168 Mtoe.
— A reduction of Ukraine’s total GHG emission by 2030 compared to 1990 emissions levels by 65 %. The INECP also reports the assumptions behind the estimates on the reduction of GHG emissions, to be achieved also by carbon pricing mechanisms.
— Achieve 27 % share of renewable energy sources in the total final energy consumption by 2030.
— Primary energy consumption no exceeding 72,224 Mtoe and final energy consumption – 42,168 Mtoe.
Commission Assessment:Satisfactorily fulfilled
1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
2. Copy of the Adoption of the Ordinance of the Cabinet of Ministers of Ukraine No 587-p of 25 June 2024 on approving the Integrated National Energy and Climate Plan of Ukraine;
3. Copy of the adopted Integrated National Energy and Climate Plan of Ukraine;
4. Recommendations of the Energy Community Secretariat on Ukraine’s draft Integrated National Energy and Climate Plan, as published on the Energy Communities’ website;
5. Written comments of Ukraine Government on the Recommendations of the Energy Communities Secretariat as published on the Ministry of Economy’s website.
— A reduction of Ukraine’s total GHG emission by 2030 compared to 1990 emissions levels by 65 %. The INECP also reports the assumptions behind the estimates on the reduction of GHG emissions, to be achieved also by carbon pricing mechanisms.
— Achieve 27 % share of renewable energy sources in the total final energy consumption by 2030.
— Primary energy consumption no exceeding 72,224 Mtoe and final energy consumption – 42,168 Mtoe.
Name of the step: Adoption of the Strategy for thermal modernisation of buildings until 2050 and the Action Plan
Related Reform/Investment: Adoption of the Strategy for thermal modernisation of buildings until 2050 and the Action Plan
Financed from: Loans
ContextThe requirement for step 10.15 described in the step description of the CID annex is:‘Adoption of the act “‘On Approval of the Strategy for Thermal Modernisation of Buildings until 2050’” and Action plan for the Strategy by the Cabinet of Ministers of Ukraine, aimed at introducing market-based financial instruments and incentives, containing a roadmap with policy measures, including those aimed to support the introduction of nearly-zero energy building.’Step 10.15 is the first step in the implementation of reform 7 of the chapter 10 (Energy sector). It is followed by steps 10.16 due in Q3-2026 that aims to adopt the legal acts on setting minimum energy efficiency performance levels for buildings and 10.17 due in Q1-2027 that aims to adopt the legal acts on the requirements for energy labelling and eco-design as mandatory minimum criteria during public procurement.
Evidence provided—Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;—Copy of the Order No 1228-P of the Cabinet of Ministers ‘On Approval of the Strategy for Thermal Modernisation of Buildings until 2050’ and the related Action Plan from 29 December 2023;—Copy of the ‘Strategy for Thermal Modernisation of Buildings until 2050’ as an attachment to the Order No 1228-P from 29 December 2023;—Copy of the ‘Action Plan’ related to the Strategy from 29 December 2023. — Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447; — Copy of the Order No 1228-P of the Cabinet of Ministers ‘On Approval of the Strategy for Thermal Modernisation of Buildings until 2050’ and the related Action Plan from 29 December 2023; — Copy of the ‘Strategy for Thermal Modernisation of Buildings until 2050’ as an attachment to the Order No 1228-P from 29 December 2023; — Copy of the ‘Action Plan’ related to the Strategy from 29 December 2023.
— Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
— Copy of the Order No 1228-P of the Cabinet of Ministers ‘On Approval of the Strategy for Thermal Modernisation of Buildings until 2050’ and the related Action Plan from 29 December 2023;
— Copy of the ‘Strategy for Thermal Modernisation of Buildings until 2050’ as an attachment to the Order No 1228-P from 29 December 2023;
— Copy of the ‘Action Plan’ related to the Strategy from 29 December 2023.
AnalysisThe justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 10.15.The Cabinet of Ministers of Ukraine adopted the Order No 1228-P from 29 December 2023 on the ‘Approval of the Strategy for Thermal Modernisation of Buildings until 2050’ and the Action Plan related to the Strategy. The ‘Strategy for Thermal Modernisation of Buildings until 2050’ (hereinafter ‘Strategy’) and the Action Plan (hereinafter ‘Action Plan’) are attachments to the approved Order No 1228-P.The Strategy includes various sections on the introduction of market-based financial instruments and incentives. It states that for the creation of a favourable market environment for thermal modernisation, active Small and Medium-sized Enterprises working in the sector of thermal modernisation should be supported through partial state guarantees and reimbursement of part of their interest costs. The local production of energy efficient equipment in Ukraine for the energy efficient renovation of houses should also be supported.The adopted documents contain a roadmap with policy measures, including those aimed to support the introduction of nearly-zero energy buildings. The Action Plan, as an Annex to the Order, outlines the roadmap with policy measures to describe the concrete steps of the implementation of the Strategy for the Thermal Modernisation of Buildings until 2050. It defines deadlines, responsible institutions, and the status. The Action Plan outlines all steps in the period of 2024 to 2026 for the implementation of the Strategy.The Strategy states that the ‘Programme for support of Thermal Modernisation of Buildings until 2050’ should ensure the promotion of nearly-zero energy buildings (hereinafter ‘NZEBs’). Furthermore, the Strategy mentions the increase in the number of buildings with close to zero energy consumption buildings as one of its purposes. In the Action Plan, NZEBs as an objective is referred to in five ‘priority directions’ as follows:—the approval of regulatory requirements as well as monitoring and indicators of number of buildings for measures supporting NZEBs;—the creation of a portfolio of exemplary thermal modernisation projects with public access including items with NZEB designs;—the increase of numbers to support NZEBs, as part of the Energy Efficiency Fund;—the support of training and re-training of engineers and designers in the field of thermal modernisation including skills for the construction of NZEBs. — the approval of regulatory requirements as well as monitoring and indicators of number of buildings for measures supporting NZEBs; — the creation of a portfolio of exemplary thermal modernisation projects with public access including items with NZEB designs; — the increase of numbers to support NZEBs, as part of the Energy Efficiency Fund; — the support of training and re-training of engineers and designers in the field of thermal modernisation including skills for the construction of NZEBs.
— the approval of regulatory requirements as well as monitoring and indicators of number of buildings for measures supporting NZEBs;
— the creation of a portfolio of exemplary thermal modernisation projects with public access including items with NZEB designs;
— the increase of numbers to support NZEBs, as part of the Energy Efficiency Fund;
— the support of training and re-training of engineers and designers in the field of thermal modernisation including skills for the construction of NZEBs.
Commission Assessment:Satisfactorily fulfilled
— Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
— Copy of the Order No 1228-P of the Cabinet of Ministers ‘On Approval of the Strategy for Thermal Modernisation of Buildings until 2050’ and the related Action Plan from 29 December 2023;
— Copy of the ‘Strategy for Thermal Modernisation of Buildings until 2050’ as an attachment to the Order No 1228-P from 29 December 2023;
— Copy of the ‘Action Plan’ related to the Strategy from 29 December 2023.
— the approval of regulatory requirements as well as monitoring and indicators of number of buildings for measures supporting NZEBs;
— the creation of a portfolio of exemplary thermal modernisation projects with public access including items with NZEB designs;
— the increase of numbers to support NZEBs, as part of the Energy Efficiency Fund;
— the support of training and re-training of engineers and designers in the field of thermal modernisation including skills for the construction of NZEBs.
Name of the step: Adoption of the strategic document on Mine Action for the period up to 2033
Related Reform/Investment: Deming of land and water areas
Financed from: Loans
ContextThe requirement for step 12.8 described in the step description of the CID annex is:‘Adoption of the legislative act on the approval of the strategic document on Mine Action for the period up to 2033 (the Act of the Cabinet of Ministers of Ukraine or the President of Ukraine). The legislative act focuses on these main areas:—management in the field of Mine Action;—support of the efficiency of Mine Action operators;—prevention of accidents;—comprehensive assistance to victims;—innovations;—gender balance and representation;—development of the private market;—effective and transparent coordination with donors;—forming the system of prioritisation of tasks in mine action.’Step 12.8 is the only step under Reform 6 of the chapter 12 (Agri-Food sector), concerning the demining of the land and water areas. The step is linked to the two steps (12.9 and 12.10) of Investment 1 of the same chapter which require a combined amount of at least EUR 150 million of investments in demining of agriculture land in the State Budgets 2024-2027. At least EUR 75 million of it shall be budgeted by 2025. — management in the field of Mine Action; — support of the efficiency of Mine Action operators; — prevention of accidents; — comprehensive assistance to victims; — innovations; — gender balance and representation; — development of the private market; — effective and transparent coordination with donors; — forming the system of prioritisation of tasks in mine action.’
— management in the field of Mine Action;
— support of the efficiency of Mine Action operators;
— prevention of accidents;
— comprehensive assistance to victims;
— innovations;
— gender balance and representation;
— development of the private market;
— effective and transparent coordination with donors;
— forming the system of prioritisation of tasks in mine action.’
Evidence provided1.Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;2.Copy of the Order No 616-r of the Cabinet of Ministers ‘On Approval of the National Mine Action Strategy for the period up to 2033’ and approval of the Action Plan for 2024-2026 of 28 June 2024;3.Copy of the ‘National Strategy on Mine Action for the period up to 2033’ as an attachment to the Order No 616-r of 28 June 2024;4.Copy of the ‘Action Plan for 2024-2026’, as an attachment to the Order No 616-r of 28 June 2024. 1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447; 2. Copy of the Order No 616-r of the Cabinet of Ministers ‘On Approval of the National Mine Action Strategy for the period up to 2033’ and approval of the Action Plan for 2024-2026 of 28 June 2024; 3. Copy of the ‘National Strategy on Mine Action for the period up to 2033’ as an attachment to the Order No 616-r of 28 June 2024; 4. Copy of the ‘Action Plan for 2024-2026’, as an attachment to the Order No 616-r of 28 June 2024.
1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
2. Copy of the Order No 616-r of the Cabinet of Ministers ‘On Approval of the National Mine Action Strategy for the period up to 2033’ and approval of the Action Plan for 2024-2026 of 28 June 2024;
3. Copy of the ‘National Strategy on Mine Action for the period up to 2033’ as an attachment to the Order No 616-r of 28 June 2024;
4. Copy of the ‘Action Plan for 2024-2026’, as an attachment to the Order No 616-r of 28 June 2024.
AnalysisThe justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 12.8.The National Strategy on Mine Action for the period up to 2033 was approved by the Cabinet of Ministers of Ukraine through the Order No 616-r from 28 June 2024. The Strategy has the following Strategic Goals: i) ensuring the clearance of territories from the risks of explosive objects for their safe and productive use; ii) reducing the impact of explosive objects on the life and health of the population; and iii) development of mine action management system.The Strategy describes the management in the field of mine action. Strategic Goal 3 establishes a set of tasks to achieve this strategic goal. This includes the provision of the necessary capacity for executive authorities responsible for managing mine action as well as an implementation of an effective task prioritisation system in the field. It aspires to improve the coordination of mine action efforts at the local level and implementing effective communication between executive authorities and local self-government bodies at the national and sub-national level. In addition, it adds a unified information management system. Strategic Goal 2 covers an efficient coordination of risk awareness training.The Strategy supports the efficiency of mine action operators. Strategic Goal 3 purposes the establishment of uniform certification procedures for operators and mine action processes. The introduction of innovations in the field as stipulated under Strategic Goal 1 will increase the efficiency of mine action operators.The Strategy aims to prevent accidents. Strategic Goal 2 envisages to ensure public awareness of the geographical boundaries of areas that may pose a risk of explosive objects, including through effective marking of the respective territories. The goal intends to facilitate an efficient coordination of risk awareness training associated with explosive hazards. Strategic Goal 3 encompasses the implementation of mechanisms to prevent the engagement of individuals in work on hazardous areas outside established requirements, and determination of accountability in case of their involvement in such work.The Strategy describes the mechanisms to ensure comprehensive assistance to victims. Strategic Goal 2 entails an adequate and accessible social protection for people affected by explosive ordnance, including through effective cross-sectoral coordination on the organisation of respective assistance, provision of appropriate and accessible social rehabilitation services and accessibility and barrier-free access to communities where such people live.The Strategy focuses on innovation. Strategic Goal 1 aims at facilitating an environment conducive to innovation in the field of mine action. It stipulates the creation and/or functioning of an environment favourable for the introduction of innovation and production, and the implementation of innovative technologies that have proved their effectiveness.The Strategy promotes gender balance and representation. Strategic Goal 1 aspires to ensure an adequate supply of human resources in the field by involving representatives of social categories and groups of particular interest to the state in professional participation in mine action activities. The strategy aims at the involvement of women, veterans, persons affected by explosive objects, and persons with disabilities.The Strategy aims at developing the private market. Strategic Goal 1 envisages the stimulation of the mine action services market. Furthermore, it is aiming at facilitating an environment conducive to innovation in the field of mine action and provides conditions for the development of national production of goods for mine action and their service in Ukraine.The Strategy focuses on an effective and transparent coordination with donors. Strategic Goal 3 proposes an effective utilisation of international technical assistance in mine action activities. Ukraine will introduce a mechanism to prioritise the needs for donor assistance in the field. The Strategy plans to ensure the transparency about the use of the assistance provided by introducing effective and sufficient mechanisms. Once introduced, the measure will help to prevent corruption and to comply with the responsibility to donors.The Strategy puts the basis for forming the system of prioritisation of tasks in mine action. Strategic Goal 3 provides for the implementation of an effective task prioritisation system in the field. Strategic Goal 1 mentions the definition of criteria for removing lands of territorial communities from suspicion of the presence of explosive ordnance. The Action Plan accompanying the Strategy stipulates the adoption of a system of prioritisation of tasks in mine action in 2024.
Commission Assessment: Satisfactorily fulfilled
— management in the field of Mine Action;
— support of the efficiency of Mine Action operators;
— prevention of accidents;
— comprehensive assistance to victims;
— innovations;
— gender balance and representation;
— development of the private market;
— effective and transparent coordination with donors;
— forming the system of prioritisation of tasks in mine action.’
1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
2. Copy of the Order No 616-r of the Cabinet of Ministers ‘On Approval of the National Mine Action Strategy for the period up to 2033’ and approval of the Action Plan for 2024-2026 of 28 June 2024;
3. Copy of the ‘National Strategy on Mine Action for the period up to 2033’ as an attachment to the Order No 616-r of 28 June 2024;
4. Copy of the ‘Action Plan for 2024-2026’, as an attachment to the Order No 616-r of 28 June 2024.
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2024/792 of the European Parliament and of the Council of 29 February 2024 establishing the Ukraine Facility (1), and in particular Article 26(4) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) Pillar I of the Ukraine Facility (‘the Facility’) makes available to Ukraine financial support of up to EUR 38 270 000 000 for the period 2024-2027 in the form of non-repayable support and of loans. Financing under Pillar I is mainly allocated on the basis of the Ukraine Plan (‘the Plan’). The Plan sets out the reform and investment agenda for Ukraine, and the qualitative and quantitative steps that are linked to the funding under Pillar I of the Facility.
(2) Pursuant to Article 19 of Regulation (EU) 2024/792, the Council adopted Implementing Decision (EU) 2024/1447 (2) concerning the approval of the assessment of the Plan. The timetable for monitoring and implementing the Plan, including the qualitative and quantitative steps that are linked to the funding under Pillar I of the Facility, are set out in the Annex to Implementing Decision (EU) 2024/1447.
(3) The total sum of financial resources made available to the Plan by Implementing Decision (EU) 2024/1447 amounts to EUR 32 270 000 000, of which EUR 5 270 000 000 is in the form of non-repayable financial support and up to EUR 27 000 000 000 is in the form of a loan.
(4) In accordance with Articles 24 and 25 of Regulation (EU) 2024/792, EUR 6 000 000 000 has been made available to Ukraine as exceptional bridge financing and EUR 1 890 000 000 in the form of pre-financing representing an advanced payment of 7 % of the loan support that Ukraine is eligible to receive under the Plan.
(5) In accordance with Article 26(2) of Regulation (EU) 2024/792, on 9 July 2024, Ukraine submitted a duly justified request for the payment of the first instalment of the non-repayable financial support and of the loan support, amounting to EUR 4 365 691 244, as set out in the Annex to Implementing Decision (EU) 2024/1447. The request was accompanied by the documents required under Article 12 of the Framework Agreement, Article 5 of the Financing Agreement and Article 6 of the Loan Agreement concluded between the Union and Ukraine pursuant to Articles 9, 10 and 22 of Regulation (EU) 2024/792.
(6) Ukraine has provided, along with its request for payment, due justification of the satisfactory fulfillment of the nine steps due by Q2-2024, in accordance with Implementing Decision (EU) 2024/1447. The nine satisfactorily fulfilled steps relate to various reforms set out in the Plan under the chapters on public financial management, the fight against corruption and money laundering, management of public assets, business environment, the energy sector, and the agri-food sector. The Budget Declaration for 2025–2027, the strategic plan for the digitalisation of the State Customs Service, the strategic document on Mine Action for the period up to 2033, the strategy and action plan for thermal modernisation of buildings until 2050, and the Integrated National Energy and Climate Plan have been adopted, a new head of the National Agency on Corruption Prevention has been appointed, and the laws on the corporate governance of state-owned enterprises and on the revised legal basis of the Economic Security Bureau of Ukraine have entered into force.
(7) In accordance with Article 26(4) of Regulation (EU) 2024/792, the Commission assessed in detail the payment request submitted by Ukraine and made a positive assessment of the satisfactory fulfilment of the nine qualitative and quantitative steps for the first instalment as specified in the Annex to this Decision.
(8) The Commission assessed that Ukraine continues to fulfil the pre-condition for Union support as set out in Article 5 of Regulation (EU) 2024/792. In particular, Ukraine continues to uphold and respect effective democratic mechanisms, including a multi-party parliamentary system and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities.
(9) Therefore, this Decision should establish that the relevant conditions for payment of the first instalment have been satisfactorily fulfilled.
(10) Considering the difficult fiscal situation Ukraine is facing, it is of outmost importance to disburse the funds as soon as possible. In view of the urgency of the situation and in order to expedite the process, this decision should enter into force on the day of its publication in the Official Journal of the European Union and should apply from the date of its adoption,
HAS ADOPTED THIS DECISION:
The satisfactory fulfilment of the relevant conditions for payment of the first instalment amounting to EUR 4 365 691 244 as set out in the Annex to Implementing Decision (EU) 2024/1447 is hereby established in line with the assessment provided by the Commission in accordance with Article 26 of Regulation (EU) 2024/792, annexed to this Decision.
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

EXECUTIVE SUMMARY

In accordance with Article 26 of Regulation (EU) 2024/792 of 29 February 2024 establishing the Ukraine Facility, on 9 July 2024 Ukraine submitted a request for payment for the first instalment of the Ukraine Plan. To support the payment request, Ukraine provided due justification of the satisfactory fulfilment of the nine steps of the first instalment as set out in the Annex of Implementing Decision 2024/1447 of 14 May 2024 on the approval of the assessment of the Ukraine Plan.
Based on the information provided by Ukraine, all nine steps are considered satisfactorily fulfilled. As part of the chapter on Public financial management, the following acts were adopted: i) the strategic plan for the digitalisation of the State Customs Service; ii) the Budget Declaration for 2025-2027; and iii) the Action Plan for the implementation of the roadmap for reforming public investment management. As part of the chapter on Fighting against corruption and money laundering, a new head of the National Agency of Corruption Prevention was appointed. Within the chapter on the Management of public Assets, the legislation on corporate governance of state-owned enterprises entered into force. Within the component on Business environment, the law revising the legal basis on the Economic Security Bureau of Ukraine entered into force. As part of the chapter on Energy Sector, the Integrated National Energy and Climate Plan as well as the Strategy for thermal modernisation of buildings until 2050 and Action Plan were adopted. Within the chapter on Agri-food sector, the strategic document on Mine Action for the period up to 2033 was adopted.

Step 2.2

Name of the step: Adoption of the strategic plan for the digitalisation of the State Customs Service
Related Reform/Investment: Reform 1 Improved revenue management
Financed from: Loans
Context
The requirement for step 2.2 described in the step description of the CID annex is:
‘Adoption of the long-term national strategic plan for digital development, digital transformation and digitalisation of the State Customs Service.’
Step 2.2 is the first step of Reform 1 of chapter 2 (Public Financial Management). By Q4-2024, Reform 1 envisages one additional step (2.1) aimed at the adoption of the strategic plan for digitalisation of the State Tax Service.
Evidence provided 1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447; 2. Copy of the Order of the Ministry of Finance No 63 ‘On the implementation of the Decision of the Committee on Information Technology Management in the Public Finance Management System’ of 9 February 2024; 3. Copy of the Annex to the Order of the Ministry of Finance No 63 on the Long-term national strategic plan for digital development, digital transformations and digitalisation of the State Customs Service of Ukraine of 9 February 2024. Analysis
The justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 2.2. The Strategy was adopted by the Ministry of Finance on 9 February 2024 through Order No 63. The Strategy covers the long-term plan for the digital development, digital transformation, and digitalisation of the State Customs Service of Ukraine on the basis of EU Union Customs Code Work Programme and the Multi-annual Strategic Plan for Electronic Customs (MASP-C), the European Union’s major initiative for digitalising the EU customs system. Section 1 of the Strategy outlines the overall objective of digitalisation and alignment with EU norms. Section 2 outlines the specific target benchmarks to be met to achieve this objective, and Section 3 outlines the principles that will guide the implementation of the relevant measures. Section 4 outlines the sequence of steps to be taken to achieves these goals and defines the groups of projects according to the level of involvement of EU institutions and Member States. Section 5 outlines the approach to restructuring the relevant IT infrastructure, including its alignment with EU approaches. Finally, Section 6 outlines the processes the State Customs Service and the Ministry of Finance shall use to manage the process of change and reform.
Commission Assessment: Satisfactorily fulfilled

Step 2.3

Name of the step: Approval of the Budget Declaration for 2025-2027
Related Reform/Investment: Reform 2 Improved public financial management
Financed from: Loans
Context
The requirement for step 2.3 described in the step description of the CID annex is:
‘The Budget Declaration for 2025-2027 is approved and submitted to the Parliament. The Declaration focuses on these main areas: i) key macroeconomic projections of economic and social development of the country; ii) key budget indicators (revenues, expenditures, budget deficit, public debt); iii) public policy priorities by spheres and expenditure ceilings for each key spending unit; iv) relations between the state budget and local budgets, including necessary guidance for preparing medium-term forecasts of local budgets; v) fiscal risks assessment’.
Step 2.3 is the first step of Reform 2 of chapter 2 (Public Finance Management). By Q4-2026, Reform 2 envisages two additional steps: step 2.4 aimed at introducing a spending review of the state budget; and step 2.5 concerning an amendment of the Budget Code to define procedure for managing fiscal risks of local budgets.
Evidence provided 1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447; 2. Resolution of the Cabinet of Minister No 751 from 28 June 2024 that adopts the Budget Declaration for the period 2025-2027; 3. Copy of the Budget Declaration for 2025-2027 as approved on 28 June 2024; 4. Notification of the submission of the Budget Declaration to the Verkhovna Rada on 28 June 2024; 5. Copy of the Ukraine Budget Code.
Analysis
The justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 2.3. The Budget Declaration for the 2025-2027 period was approved on 28 June 2024 and was submitted on the same day to the Parliament. It estimates key macroeconomic projections of economic and social development of the country, and indicators such as economic growth rate, inflation indexes, unemployment and exchange rates over the period 2025-2027. The Budget Declaration also estimates key budget indicators related to revenues (such as tax revenues or dividends from state-owned enterprises), expenditures (divided and categorized by policy areas), budget deficit and public debt. It also details public policy priorities by spheres and expenditure ceilings for each key spending unit. The main public policy priorities concern areas such as social protection, education, health care, business environment/support of small and medium-sized businesses, agriculture and energy.
The document also identifies and describes the relations between the state and local budget. Among others, the state budget policy on local budgets is expected to further develop medium-term budget planning and strengthen financial capacity at local level. By forecasting the amount of revenues of local budgets over the period 2025-2027, the state budget provides guidance to local budgets to prepare medium-term forecasting.
Finally, the Budget Declaration 2025-2027 includes an assessment of fiscal risks and their impact on state budget indicators over the three years reporting period. The fiscal risks include war-related uncertainties, impact of the destruction of energy infrastructure, barriers to trade and transport freights and stability of international financial assistance.
Commission Assessment: Satisfactorily fulfilled

Step 2.7

Name of the step: Adoption of the Action plan for the implementation of the Roadmap for reforming public investment management
Related Reform/Investment: Reform 4. Improved public investment management
Financed from: Loans
Context
The requirement for step 2.7 described in the step description of the CID annex is:
Adoption of the Action plan for the implementation of the Roadmap for reforming public investment management. The action plan focuses on these main areas and includes the sequencing and timeframe:
—
introduction of strategic planning for public investment in close connection with budget planning;
—
definition of the roles of all participants at all stages of the investment project cycle;
—
establishment of unified approaches to the selection, evaluation and monitoring of investment projects, regardless of the sources of funding (budget revenues, international donors, state (local) guarantees, concessions, public-private partnerships) to enable the preparation of single project pipeline;
—
definition of prioritisation criteria that capture defined needs, maturity of projects, and alignment with sectoral and/or regional strategies in the context of the public investment management;
—
introduction of an independent assessment of large public investment projects
Step 2.7 is the first step in the implementation of Reform 4 of chapter 2 (Public Financial Management). Reform 4 has an additional step 2.8 due in Q3-2025 aimed at the development and implementation of the digital management tool for the reconstruction of Ukraine.
Evidence provided
—
Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
—
Copy of the Resolution of the Cabinet of Ministers No 588-p from 18 June 2024 that adopted the Action Plan;
—
Copy of the adopted ‘Action Plan to implement the Roadmap for reforming public investment management 2024-2028’.
Analysis
The justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 2.7. The Action Plan to implement the Roadmap for reforming public investment management was adopted on 18 June by the Government. It outlines the actions that are to be taken and the entities responsible for implementation of the ‘Roadmap for reforming public investment management’.
The Action Plan introduces strategic planning for public investment in close connection with budget planning. In this regard, Objective 1 establishes the sequencing and timeframe for reforms to the budget planning process, including through legal amendments to the budget code, that will be taken to ensure alignment with strategic planning for public investment. These include changes related to updating the definition of public investment projects and associated expenditures; determining the amount of fiscal resources available for public investment; introducing the medium-term planning of investment expenditures; and ensuring only projects selected through the established strategic planning system are funded under the budget. Objective 2 establishes the sequencing and timeframe for the introduction of strategic planning of public investments. This includes the establishment of the Strategic Investment Council; the development of a national system of strategic planning, covering the key planning processes and documents; the development of national, sectoral, and regional strategies and associated methodologies and processes; and developing a medium-term plan for priority public investment. Objective 2 further specifies that the national system for strategic planning will include compliance with the macro-fiscal framework as a key feature. Objective 4 establishes the sequencing and timeframe for improving the medium-term budget planning process for public investments. This includes the management and control of multiannual budget commitments over the lifecycle of the investments; the selection of public investments for financing; and the assessment and management of fiscal risks and contingent liabilities.
The Action Plan defines the roles of all participants at all stages of the investment project cycle. In this sense, Objective 1 establishes that the amendments of the laws on the budget code and public investment management shall define the functions of the participants in the process of public investment management. Objective 3 further establishes the sequencing and timeframe for the creation of the new procedures and methodologies for each step in the investment project cycle, covering preparation, screening, prioritisation, appraisal, selection, risk identification, implementation, monitoring, and performance evaluation. Each output is required to clearly identify the distribution of functions amongst participants in the process.
The Action Plan establishes a unified approach to the selection, evaluation and monitoring of investment projects, regardless of the sources of funding (budget revenues, international donors, state (local) guarantees, concessions, public-private partnerships) to enable the preparation of a single project pipeline. In this sense, Objective 3 establishes the sequencing and timeframe for the creation of a unified methodological approach for each step in the investment project cycle, with the objective of creating a single pipeline of public investment projects. It also specifies that this shall be established regardless of the source of funding and establishes the methodology for determining the sources/mechanisms of financing public investment projects that have been selected.
The Action Plan also defines the prioritisation criteria that capture defined needs, maturity of projects, and alignment with sectoral and/or regional strategies in the context of public investment management. In this regard, Objective 3 specifies that prioritisation shall be done according to criteria of strategic relevance, financial feasibility, social and economic efficiency, technical feasibility, institutional capacity and climate resilience. It also specifies that the appraisal of projects shall take into account the degree of urgency of meeting public needs and specifies that prioritisation shall be done according to project maturity and compliance with sectoral and/or regional strategic priorities.
Finally, the Action Plan introduces an independent assessment of large public investment projects. In this sense, Objective 3 establishes the sequencing and timeframe for introducing an independent assessment for large public investment projects into the investment appraisal process.
Commission Assessment: Satisfactorily fulfilled

Step 4.2

Name of the step: Appointment of a new head of the National Agency on Corruption Prevention
Related Reform/Investment: Developing the institutional capacity of the anti-corruption framework
Financed from: Non-repayable support
Context
The requirement for step 4.2 described in the step description of the CID annex is:
‘A new head of the National Agency on Corruption Prevention is appointed following a selection procedure in line with the Law on the Prevention of Corruption’.
Step 4.2 is the first step in the implementation of Reform 1 of chapter 4 (Fight Against Corruption and Money Laundering). It is followed by steps 4.1 due by Q3-2024 that aims to increase manpower for the Specialised Anti-Corruption Prosecutor’s Office and 4.3 due by Q1-2025 that aims to increase manpower for the High Anti-Corruption Court.
Evidence provided 1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447; 2. Copy of the Decree of the Cabinet of Ministers of Ukraine No 162-r on the appointment of Mr Pavlushchyk as the Head of the National Agency on Corruption Prevention of 27 February 2024; 3. Copy of the Decree of the Cabinet of Ministers of Ukraine No 944-r on the approval of the composition of the Competition Committee for the position of the Head of the National Agency on Corruption Prevention of 13 October 2023; 4. Copy of the minutes of the meetings of the Competition Committee held on 10 and 30 November 2023, on 28 December 2023, on 4 and 8 January 2024, on 5, 20, 24 and 25 of February for the selection of the Head of the National Agency on Corruption Prevention; 5. Copy of Law of Ukraine on Prevention of Corruption No 1700-VII/2014;
Analysis
The justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 4.2. The Cabinet of Ministers of Ukraine adopted the Decree of the Cabinet of Ministers of Ukraine No 162-r which appointed Mr Victor Volodimirovich Pavlushchyk as the Head of the National Agency on Corruption on 27.2.2024. The minutes of the meetings of the Competition Committee held on the 25.2.2024 for the selection of the Head of the National Agency on Corruption Prevention (‘the Minutes’) show that the selection of the Head of the National Agency on Corruption Prevention was done in line with Article 6 ‘Procedure for Competitive Selection and Appointment of the Chairman of the National Agency’ of the Law of Ukraine on the Prevention of Corruption No 1700-VII (‘the Law’). The minutes show that, in line with Article 6(2) of the Law, the Competition Commission included three members appointed by the Cabinet of Ministers of Ukraine, and three members appointed by the Cabinet of Ministers of Ukraine based on proposals of donors who have provided international technical assistance to Ukraine in preventing and combating corruption. Mr Pavlushchyk received six votes in favour and was selected as the most suitable candidate as Head of the National Agency on Corruption Prevention.
Commission Assessment: Satisfactorily fulfilled

Step 6.2

Name of the step: Entry into force of the legislation on corporate governance of state-owned enterprises
Related Reform/Investment: Reform 2. Improved governance and management of SOEs
Financed from: Non-repayable support
Context
The requirement for step 2.7 described in the step description of the CID annex is:
Entry into force of the new law on corporate governance of SOEs taking into account OECD guidelines on corporate governance. The law focuses on these main areas:
—
defining the powers of SOEs’ supervisory boards to appoint and dismiss CEOs;
—
defining the powers of SOEs’ supervisory boards to approve the strategic, investment and financial plans documents of SOEs;
—
establishing an annual evaluation procedure for the supervisory boards of SOEs.
Step 6.2 is the first step out of four under this reform in chapter 6 (Management of Public Assets). It is followed by step 6.3 due in Q2-2026 that aims to appoint supervisory boards with a majority of independent members in at least 15 top key state-owned enterprises (SOEs) corporatising at least 15 top key SOEs as either joint-stock companies or limited liability companies (step) and by step 6.4 due in Q3-2026 that aims to implement corporate governance principles across the consolidated SOE management entities.
Evidence provided
—
Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
—
Copy of the law No 3587-IX ‘On making changes to some legislative acts of Ukraine regarding the improvement of corporate governance’ (the Law) from 22 February 2024;
—
Copy of the law No 185-V Law of Ukraine ‘On Management of State-Owned Property’ from 1 July 2024;
—
Copy of the Commercial Code of Ukraine, No 436-IV from 8 March 2024;
—
Copy of the law No 2465-IX ‘On the Joint Stock Companies’ from 27 April 2024;
Analysis
The justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of the step description.
The law No 3587-IX ‘On making changes to some legislative acts of Ukraine regarding the improvement of corporate governance’ (the Law) entered into force on 8 March 2024. The law takes into account relevant OECD guidelines on corporate governance, as stated in the G20/OECD Principles of Corporate Governance 2023. In particular, it is aligned with principles V.D.1. and V.D.4. which state the key functions of the boards: i) reviewing and guiding strategy, major plans of action, annual budgets and business plans, setting performance objectives, monitoring implementation and corporate performance, and overseeing major capital expenditures, acquisitions and divestitures (V.D.1); and ii) selecting, overseeing and monitoring the performance of key executives, and, when necessary, replacing them and overseeing succession planning (V.D.4.). It is also aligned with principle V.E.4. which states that the boards should regularly carry out evaluations to appraise their performance and assess whether they possess the right mix of background and competences, including with respect to gender and other forms of diversity.
The law defines the powers of SOEs’ supervisory boards to appoint and dismiss CEOs. Article 11-4 Paragraph 7 of the previous version of the Law No 185-V on ‘On Management of State Property Objects’ determined the appointment to the position and termination of powers of the CEO as exclusive competence of the supervisory board of a state unitary enterprise. The Law No 3587-IX (‘The Law’) amended Article 11-4 to ensure it applies both to state unitary enterprises and to other business associations with 50 % or more shares belonging to the state. Furthermore, the Law clarified the role of supervisory boards in appointing CEOs in SOEs where the Cabinet of Ministers acts as an ownership entity. Prior to the amendment of the Law, the State Property Management Law prescribed that the Cabinet of Ministers was entitled to appoint the CEO in such SOEs, while the Law of Ukraine No 2465-IX on ‘On Joint stock companies’ provided for the general rule that appointment and dismissal of the CEO is reserved for the supervisory board. This overlap caused confusion and discussions on which law prevails in such SOEs. The new Law removed the confusing provision from the State Property Management Law and the general rule now applies to all SOES organised as joint stock companies.
The law defines the powers of SOEs’ supervisory boards to approve the strategic, investment and financial plans documents of SOEs. The Law introduced amendments to other relevant laws to ensure the SOE supervisory boards approve the strategic, investment and financial plans documents of SOEs. In particular, according to the amendments to the Article 11-4 of the Law ‘On Management of State-Owned Objects’, the exclusive competence of the Supervisory board (in case it is formed) of a state unitary enterprise or business associations shall include, inter alia, approval of the strategic plan for the development of the state unitary enterprise, approval of the annual financial plan and the report on its implementation, the annual investment plan, and the investment plan for the medium term (three to five years). Furthermore, according to the amendments to the Article 7-1, 1-1 in Law of Ukraine ‘On Joint stock companies’, one of the exclusive competences of the supervisory boards of a Joint Stock Company is approval of the strategic development plan and performance indicators of the joint-stock company, the annual financial plan and the report on its implementation, and annual and medium-term investment plans. Similar amendments were introduced in other relevant laws, such as the Commercial Code of Ukraine, No 436-IV, which states that the formation of financial, investment plans and strategic development plan are mandatory for SOEs, and these documents are approved by the supervisory board (in case it is formed).
Finally, the Law establishes an annual evaluation procedure for the supervisory boards of SOEs. According to the amendments to the Article 11-7 in the Law ‘On Management of State Property Objects’, the activities of the supervisory board of a state unitary enterprise or a business association in which the formation of the supervisory board is mandatory shall be evaluated at least once every three years. The results of the assessment will be published on the SOE’s website within two working days from the date of their approval.
Commission Assessment: Satisfactorily fulfilled

Step 8.3

Name of the step: Entry into force of the law on revising the legal basis of the Economic Security Bureau of Ukraine.
Related Reform/Investment: Reform of the Economic Security Bureau of Ukraine
Financed from: Non-repayable support
Context
The CID Annex describes the requirements of step 8.3 as follows:
‘Entry into force of the law on revising the legal basis of the activity of the Economic Security Bureau of Ukraine. The new legislation focuses on these main areas:
—
developing an open, transparent and competitive process for selection of management and staff, selection of the new head on merit-based procedure defined by law
—
strengthening requirements for the selection commission;
—
introducing a contract system for employees;
—
defining a clearer scope and a mandate;
—
developing a mechanism of attestation of staff.’
Step 8.3 is the only step under Reform 2 of chapter 8 (Business environment), concerned with the reform of the Economic Security Bureau of Ukraine. The step complements Reform 1 under chapter 3 (Judicial system) on enhancing the accountability, integrity and professionalism in the judiciary.
Evidence provided
—
Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
—
Copy of law No 3840-IX ‘On Amendments to Certain Legislative Acts of Ukraine to Improve the Work of the Bureau of Economic Security of Ukraine’ from 20 June 2024. Analysis
The justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 8.3. The Law No 3840-IX ‘On Amendments to Certain Legislative Acts of Ukraine to Improve the Work of the Bureau of Economic Security of Ukraine’ was approved by the Verkhovna Rada on 20 June, signed by President on 28 June, and entered into force with the publication in the Official Journal on 29 June 2024. The Law describes an open, transparent, and competitive process for the selection of management and staff, including for the selection of a new head (Director) based on defined merit-based procedures. The Law outlines the character and professional competency requirements for candidates to the position of Director, including the necessary knowledge, experience, analytical abilities, leadership abilities, oral and written communication skills. This is achieved through amendments to Articles 15 and 19. Article 15 of the Law also defines the selection process including the engagement of a strengthened selection commission composed of six persons. Out of the six, three persons will be designated by the Cabinet of Ministers of Ukraine while the other three persons will be appointed by the Cabinet of Ministers on the basis of proposals from international organisations providing technical assistance to Ukraine in the field of preventing and combating corruption and reforming law enforcement agencies according to international treaties. Article 15 also describes the requirements for the selection committee members, their powers, and responsibilities as well as the procedures for decision-making. The Law dictates that the selection commission will select no more than two candidates.
The Law describes the introduction of a contract system through which appointments to a position at the Bureau can be based on a service contract, concluded on the grounds and in the manner determined by the Cabinet of Ministers.
The Law provides a clearer scope and mandate for the Economic Security Bureau of Ukraine through an amendment of Article 8 of the separate Law ‘On Operational and Investigative Activities’, and by introducing in the same Law the provision that the right to perform these activities belongs exclusively to the Economic Security Bureau of Ukraine and the National Anti-corruption Bureau of Ukraine.
The Law defines the procedures for the mandatory re-certification of employees, aimed at ensuring the appropriate level of integrity and professional competence of employees at the Economic Security Bureau. Certification will begin once the order of the new Director is published on the Bureau’s official website. Within 14 days of from the day of publication, employees who are subject to one-time certification must submit a written statement of either consent or refusal to undergo certification. The Law states that the certification period cannot exceed 18 months from the date of appointment of the Director, except for special cases. Certification will be conducted by a 12-member certification commission of which 6 persons will be identified by the Director and 6 by international organisations. If not already regulated by the Law, the procedures for organising and conducting the certification, the criteria, and methodology for assessing integrity and professional competence of employees during the certification process will be determined by the Director in consultation with the certification commission. The Law divides the certification process into two stages as follows: (i) the certification for the heads of departments of the central apparatus and their deputies, and the heads of territorial departments and their deputies; and (ii) the certification of other employees.
Commission Assessment: Satisfactorily fulfilled

Step 10.1

Name of the step: Adoption of the Integrated National Energy and Climate Plan
Related Reform/Investment: Reform 1. Integrated National Energy and Climate Plan
Financed from: Loans
Context
The requirement for step 10.1 described in the step description of the CID annex is:
‘Adoption of the Ordinance of the Cabinet of Ministers of Ukraine on approving the Integrated National Energy and Climate Plan to establish national climate neutrality objectives and ensure appropriate planning after duly taking into account the recommendations from the Energy Community. The plan defines targets to be achieved by 2030 on: – GHG reductions, including through market-based carbon pricing mechanisms; – the share of renewable sources in gross final consumption of energy; – the energy saving in final energy consumption’.
Step 10.1 is the sole step in the implementation of Reform 1 of chapter 10 (Energy sector).
Evidence provided 1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447; 2. Copy of the Adoption of the Ordinance of the Cabinet of Ministers of Ukraine No 587-p of 25 June 2024 on approving the Integrated National Energy and Climate Plan of Ukraine; 3. Copy of the adopted Integrated National Energy and Climate Plan of Ukraine; 4. Recommendations of the Energy Community Secretariat on Ukraine’s draft Integrated National Energy and Climate Plan, as published on the Energy Communities’ website; 5. Written comments of Ukraine Government on the Recommendations of the Energy Communities Secretariat as published on the Ministry of Economy’s website.
Analysis
The justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 10.1. The Cabinet of Ministers of Ukraine adopted Ordinance No 587-p on the approval of the ‘Integrated National Energy and Climate Plan’ (hereinafter INECP) for Ukraine on 25 June 2024. The adopted INECP summarises the scope of the document, highlighting its strategic relevance as an instrument to coordinate and plan energy and climate policies as well to ensure Ukraine’s development and economic recovery. Given the comprehensive set of objectives and strategies set up in the document, the INECP is also expected to contribute to the national climate neutrality objective by 2050. Considering the unprecedented level of war-related uncertainties and given the exposure of the energy and climate policies set up in the INECP to such uncertainties, the Ordinance on the approval of the INECP also establishes a deadline for the INECP to be updated by December 2025. On the basis of the Regulation (EU) 2018/1999, as a contracting party of the Energy Communities, Ukraine submitted a draft of the INCEP to the Energy Community Secretariat (EnCS) and they provided their recommendations to the Ukraine’s INECP.
The INECP was adopted after having duly taken into account the EnCS’ recommendations. The adopted version integrates and implements a significant part of the recommendations. This includes the commitment to establish a monitoring and implementation system to support the implementation of the INECP and coordinate its future revisions. In addition, Ukraine has provided preliminary comments and motivations to all the EnCS’ recommendations. For each recommendation, Ukraine indicates whether it has: i) addressed and integrated them in the adopted INECP; ii) partially addressed them; iii) not addressed them. For those recommendations that were only partially or not addressed, Ukraine motived the reasons for doing so, and published them on the website of the Ministry of Economy.
The INECP defines targets to be achieved by 2030 on: i) greenhouse gas reductions, including through market-based carbon pricing mechanisms; ii) the share of renewable sources in gross final consumption of energy; iii) the energy saving in final energy consumption. The adopted INECP defines targets to be achieved by 2030. In particular, the INECP identifies the following national objectives and targets:
—
A reduction of Ukraine’s total GHG emission by 2030 compared to 1990 emissions levels by 65 %. The INECP also reports the assumptions behind the estimates on the reduction of GHG emissions, to be achieved also by carbon pricing mechanisms.
—
Achieve 27 % share of renewable energy sources in the total final energy consumption by 2030. —
Primary energy consumption no exceeding 72,224 Mtoe and final energy consumption – 42,168 Mtoe.
Commission Assessment: Satisfactorily fulfilled

Step 10.15

Name of the step: Adoption of the Strategy for thermal modernisation of buildings until 2050 and the Action Plan
Related Reform/Investment: Adoption of the Strategy for thermal modernisation of buildings until 2050 and the Action Plan
Financed from: Loans
Context
The requirement for step 10.15 described in the step description of the CID annex is:
‘Adoption of the act “‘On Approval of the Strategy for Thermal Modernisation of Buildings until 2050’” and Action plan for the Strategy by the Cabinet of Ministers of Ukraine, aimed at introducing market-based financial instruments and incentives, containing a roadmap with policy measures, including those aimed to support the introduction of nearly-zero energy building.’
Step 10.15 is the first step in the implementation of reform 7 of the chapter 10 (Energy sector). It is followed by steps 10.16 due in Q3-2026 that aims to adopt the legal acts on setting minimum energy efficiency performance levels for buildings and 10.17 due in Q1-2027 that aims to adopt the legal acts on the requirements for energy labelling and eco-design as mandatory minimum criteria during public procurement.
Evidence provided
—
Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447;
—
Copy of the Order No 1228-P of the Cabinet of Ministers ‘On Approval of the Strategy for Thermal Modernisation of Buildings until 2050’ and the related Action Plan from 29 December 2023;
—
Copy of the ‘Strategy for Thermal Modernisation of Buildings until 2050’ as an attachment to the Order No 1228-P from 29 December 2023;
—
Copy of the ‘Action Plan’ related to the Strategy from 29 December 2023. Analysis
The justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 10.15. The Cabinet of Ministers of Ukraine adopted the Order No 1228-P from 29 December 2023 on the ‘Approval of the Strategy for Thermal Modernisation of Buildings until 2050’ and the Action Plan related to the Strategy. The ‘Strategy for Thermal Modernisation of Buildings until 2050’ (hereinafter ‘Strategy’) and the Action Plan (hereinafter ‘Action Plan’) are attachments to the approved Order No 1228-P.
The Strategy includes various sections on the introduction of market-based financial instruments and incentives. It states that for the creation of a favourable market environment for thermal modernisation, active Small and Medium-sized Enterprises working in the sector of thermal modernisation should be supported through partial state guarantees and reimbursement of part of their interest costs. The local production of energy efficient equipment in Ukraine for the energy efficient renovation of houses should also be supported.
The adopted documents contain a roadmap with policy measures, including those aimed to support the introduction of nearly-zero energy buildings. The Action Plan, as an Annex to the Order, outlines the roadmap with policy measures to describe the concrete steps of the implementation of the Strategy for the Thermal Modernisation of Buildings until 2050. It defines deadlines, responsible institutions, and the status. The Action Plan outlines all steps in the period of 2024 to 2026 for the implementation of the Strategy.
The Strategy states that the ‘Programme for support of Thermal Modernisation of Buildings until 2050’ should ensure the promotion of nearly-zero energy buildings (hereinafter ‘NZEBs’). Furthermore, the Strategy mentions the increase in the number of buildings with close to zero energy consumption buildings as one of its purposes. In the Action Plan, NZEBs as an objective is referred to in five ‘priority directions’ as follows:
—
the approval of regulatory requirements as well as monitoring and indicators of number of buildings for measures supporting NZEBs;
—
the creation of a portfolio of exemplary thermal modernisation projects with public access including items with NZEB designs;
—
the increase of numbers to support NZEBs, as part of the Energy Efficiency Fund;
—
the support of training and re-training of engineers and designers in the field of thermal modernisation including skills for the construction of NZEBs.
Commission Assessment: Satisfactorily fulfilled

Step 12.8

Name of the step: Adoption of the strategic document on Mine Action for the period up to 2033
Related Reform/Investment: Deming of land and water areas
Financed from: Loans
Context
The requirement for step 12.8 described in the step description of the CID annex is:
‘Adoption of the legislative act on the approval of the strategic document on Mine Action for the period up to 2033 (the Act of the Cabinet of Ministers of Ukraine or the President of Ukraine). The legislative act focuses on these main areas:
—
management in the field of Mine Action;
—
support of the efficiency of Mine Action operators;
—
prevention of accidents;
—
comprehensive assistance to victims;
—
innovations;
—
gender balance and representation;
—
development of the private market;
—
effective and transparent coordination with donors;
—
forming the system of prioritisation of tasks in mine action.’
Step 12.8 is the only step under Reform 6 of the chapter 12 (Agri-Food sector), concerning the demining of the land and water areas. The step is linked to the two steps (12.9 and 12.10) of Investment 1 of the same chapter which require a combined amount of at least EUR 150 million of investments in demining of agriculture land in the State Budgets 2024-2027. At least EUR 75 million of it shall be budgeted by 2025. Evidence provided 1. Summary document duly justifying how the step was satisfactorily fulfilled in line with the requirements set out in the Annex to Implementing Decision (EU) 2024/1447; 2. Copy of the Order No 616-r of the Cabinet of Ministers ‘On Approval of the National Mine Action Strategy for the period up to 2033’ and approval of the Action Plan for 2024-2026 of 28 June 2024; 3. Copy of the ‘National Strategy on Mine Action for the period up to 2033’ as an attachment to the Order No 616-r of 28 June 2024; 4. Copy of the ‘Action Plan for 2024-2026’, as an attachment to the Order No 616-r of 28 June 2024. Analysis
The justification and substantive evidence provided by the Ukrainian authorities cover all constitutive elements of step 12.8. The National Strategy on Mine Action for the period up to 2033 was approved by the Cabinet of Ministers of Ukraine through the Order No 616-r from 28 June 2024. The Strategy has the following Strategic Goals: i) ensuring the clearance of territories from the risks of explosive objects for their safe and productive use; ii) reducing the impact of explosive objects on the life and health of the population; and iii) development of mine action management system.
The Strategy describes the management in the field of mine action. Strategic Goal 3 establishes a set of tasks to achieve this strategic goal. This includes the provision of the necessary capacity for executive authorities responsible for managing mine action as well as an implementation of an effective task prioritisation system in the field. It aspires to improve the coordination of mine action efforts at the local level and implementing effective communication between executive authorities and local self-government bodies at the national and sub-national level. In addition, it adds a unified information management system. Strategic Goal 2 covers an efficient coordination of risk awareness training.
The Strategy supports the efficiency of mine action operators. Strategic Goal 3 purposes the establishment of uniform certification procedures for operators and mine action processes. The introduction of innovations in the field as stipulated under Strategic Goal 1 will increase the efficiency of mine action operators.
The Strategy aims to prevent accidents. Strategic Goal 2 envisages to ensure public awareness of the geographical boundaries of areas that may pose a risk of explosive objects, including through effective marking of the respective territories. The goal intends to facilitate an efficient coordination of risk awareness training associated with explosive hazards. Strategic Goal 3 encompasses the implementation of mechanisms to prevent the engagement of individuals in work on hazardous areas outside established requirements, and determination of accountability in case of their involvement in such work.
The Strategy describes the mechanisms to ensure comprehensive assistance to victims. Strategic Goal 2 entails an adequate and accessible social protection for people affected by explosive ordnance, including through effective cross-sectoral coordination on the organisation of respective assistance, provision of appropriate and accessible social rehabilitation services and accessibility and barrier-free access to communities where such people live.
The Strategy focuses on innovation. Strategic Goal 1 aims at facilitating an environment conducive to innovation in the field of mine action. It stipulates the creation and/or functioning of an environment favourable for the introduction of innovation and production, and the implementation of innovative technologies that have proved their effectiveness.
The Strategy promotes gender balance and representation. Strategic Goal 1 aspires to ensure an adequate supply of human resources in the field by involving representatives of social categories and groups of particular interest to the state in professional participation in mine action activities. The strategy aims at the involvement of women, veterans, persons affected by explosive objects, and persons with disabilities.
The Strategy aims at developing the private market. Strategic Goal 1 envisages the stimulation of the mine action services market. Furthermore, it is aiming at facilitating an environment conducive to innovation in the field of mine action and provides conditions for the development of national production of goods for mine action and their service in Ukraine.
The Strategy focuses on an effective and transparent coordination with donors. Strategic Goal 3 proposes an effective utilisation of international technical assistance in mine action activities. Ukraine will introduce a mechanism to prioritise the needs for donor assistance in the field. The Strategy plans to ensure the transparency about the use of the assistance provided by introducing effective and sufficient mechanisms. Once introduced, the measure will help to prevent corruption and to comply with the responsibility to donors.
The Strategy puts the basis for forming the system of prioritisation of tasks in mine action. Strategic Goal 3 provides for the implementation of an effective task prioritisation system in the field. Strategic Goal 1 mentions the definition of criteria for removing lands of territorial communities from suspicion of the presence of explosive ordnance. The Action Plan accompanying the Strategy stipulates the adoption of a system of prioritisation of tasks in mine action in 2024. Commission Assessment: Satisfactorily fulfilled

Council Decision (EU) 2024/2144 of 22 July 2024 on the position to be taken on behalf of the European Union in the EPA Committee established under the interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, as regards the adoption of the Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

Official Journalof the European Union ENL series
2024/2144 13.8.2024
(1) The interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part(1)(‘the Agreement’), was signed by the Union pursuant to Council Decision 2009/152/EC(2)and has been applied on a provisional basis by Cameroon since 4 August 2014.
(2) Pursuant to Article 13(2) of the Agreement, the EPA Committee may adopt a reciprocal common regime governing the rules of origin.
(3) In accordance with Article 13(2) and Article 108 of the Agreement, the reciprocal common regime governing the rules of origin is to be annexed to the Agreement in the form of a Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (the ‘Protocol’) and is to form an integral part thereof.
(4) At its annual meeting in 2024 or by written procedure, the EPA Committee is to adopt a decision as regards the Protocol.
(5) The Protocol takes into account the most recent developments in order to provide more flexible and simpler rules of origin, with a view to facilitating trade for economic operators and optimising the use of the preferential treatment provided for in the Agreement.
(6) It is appropriate to establish the position to be taken on the Union’s behalf in the EPA Committee, as that decision will be binding on the Union,
(1) The Agreement applies, on the one hand, to the territories in which the Treaty on the Functioning of the European Union is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Central Africa Party (Cameroon).
(2) In accordance with Article 13(2) of the Agreement, a common reciprocal regime governing the rules of origin is to be annexed to the Agreement by the EPA Committee in the form of a Protocol. That common regime replaces the regimes applicable in the respective territories of the Parties between 1 January 2008 and the date of entry into force of this Decision.
(3) The Parties have agreed on the Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation.
(4) In accordance with Article 13(2) and Article 108 of the Agreement, the Protocol is annexed to the Agreement and forms an integral part thereof.
1. Definitions
2. General requirements
3. Wholly obtained products
4. Sufficiently worked or processed products
5. Insufficient working or processing operations
6. Working or processing of materials imported into the European Union free of duty
7. Cumulation of origin
8. Cumulation with countries or territories benefiting from duty-free quota-free access under the EU scheme of generalised tariff preferences
9. Cumulation with countries or territories benefiting from duty-free quota-free access under preferential agreements or arrangements of the European Union
10. Unit of qualification
11. Accessories, spare parts and tools
12. Sets
13. Neutral elements
14. Accounting segregation
15. Principle of territoriality
16. Non-alteration
17. Exhibitions
18. General requirements
19. Procedure for the issue of a movement certificate EUR.1
20. Movement certificates EUR.1 issued retrospectively
21. Issue of a duplicate movement certificate EUR.1
22. Conditions for making out an origin declaration
23. Validity of proof of origin
24. Submission of proof of origin
25. Importation by instalments
26. Exemptions from proof of origin
27. Information procedure for cumulation purposes
28. Supporting documents
29. Preservation of proof of origin and supporting documents
30. Discrepancies and clerical errors
31. Amounts expressed in euro
32. Administrative conditions for products to benefit from the Agreement
33. Notification of customs authorities
34. Other methods of administrative cooperation
35. Verification of proof of origin
36. Verification of suppliers’ declarations
37. Dispute settlement
38. Penalties
39. Free zones
40. Derogations
41. Special conditions
42. Specific conditions
43. Revision and application of rules of origin
44. Annexes
45. Implementation of the Protocol
46. Transitional provisions for goods in transit or storage
ANNEX I: Introductory notes to the list in Annexes II and II A
ANNEX II: List of working or processing to be carried out on non-originating materials in order for the product manufactured to acquire originating status
ANNEX II A: Derogations from the list of working or processing to be carried out on non-originating materials in order for the product manufactured to acquire originating status
ANNEX III: Form for movement certificate
ANNEX IV: Origin declaration
ANNEX V A: Supplier declaration for products having preferential origin statu
ANNEX V B: Supplier declaration for products not having preferential origin status
ANNEX VI: Information certificate
ANNEX VII: Form for application for a derogation
ANNEX VIII: Overseas Countries and Territories
ANNEX IX: Products referred to in Article 7(5)
(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 Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (WTO Agreement on customs valuation);
(f) ‘ex-works price’ means the price paid for the product ex works to the manufacturer in the European Union or in the Central Africa Party 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 paid 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 European Union or in the Central Africa Party;
(h) ‘value of originating materials’ means the value of such materials as defined in (g) appliedmutatis mutandis;
(i) ‘value added’ means the ex-works price of the products minus the customs value of materials imported from third countries into the European Union, the African, Caribbean and Pacific Group of States (ACP) having applied an Economic Partnership Agreement (EPA) at least on a provisional basis, or overseas countries and territories (OCTs); if the customs value is not known or cannot be ascertained, the first ascertainable price paid for the materials in the European Union or in the Central Africa Party is taken into account;
(j) ‘chapters’ and ‘headings’ mean the chapters and the four-digit headings used in the nomenclature which makes up the Harmonized Commodity Description and Coding System (‘Harmonized 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’ means the territories referred to in Article 100 of the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part(1)(the ‘Agreement’), including territorial waters;
(n) ‘OCT’ means the Overseas Countries and Territories as defined in Annex VIII;
(o) ‘Central African State’ means the Central African State referred to in Article 95(1) of the Agreement;
(p) ‘Central Africa Party’ means all the Central African States referred to in Article 95(1) of the Agreement;
(q) ‘other ACP States’, means the ACP States other than the Central African States referred to in Article 95(1) of the Agreement that apply an EPA at least on a provisional basis.
(a) products wholly obtained in the European Union within the meaning of Article 3 of this Protocol;
(b) products obtained in the European Union incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the European Union within the meaning of Article 4 of this Protocol.
(a) products wholly obtained in the Central Africa Party within the meaning of Article 3 of this Protocol;
(b) products obtained in the Central Africa Party incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the Central Africa Party within the meaning of Article 4 of this Protocol.
(a) live animals born and raised there;
(b) mineral products extracted from their soil or from their seabed;
(c) vegetable products harvested there;
(d) products from live animals raised there;
(e) (i)products obtained by hunting or fishing conducted there;(ii)products of aquaculture, including mariculture, where the animals are raised there from eggs, spawn, larvae or fry; (i) products obtained by hunting or fishing conducted there; (ii) products of aquaculture, including mariculture, where the animals are raised there from eggs, spawn, larvae or fry;
(i) products obtained by hunting or fishing conducted there;
(ii) products of aquaculture, including mariculture, where the animals are raised there from eggs, spawn, larvae or fry;
(i) products obtained by hunting or fishing conducted there;
(ii) products of aquaculture, including mariculture, where the animals are raised there from eggs, spawn, larvae or fry;
(f) products of sea fishing and other products taken from the sea outside the territorial waters of the European Union or of a Central African State by their vessels;
(g) products made aboard their factory ships exclusively from the products referred to in point (f) above;
(h) used articles fit only for the recovery of raw materials;
(i) waste and scrap resulting from manufacturing operations conducted there;
(j) products extracted from marine soil or subsoil outside their territorial waters provided that the European Union or the Central Africa Party have sole rights to work that soil or subsoil;
(k) goods produced exclusively from the products specified in points (a) to (j).
(a) which are registered in a Member State of the European Union or in a Central African State;
(b) which sail under the flag of a Member State of the European Union or of a Central African State; and
(c) which meet one of the following conditions:(i)they are at least 50 % owned by nationals of a Member State of the European Union and/or of the Central Africa Party; or(ii)they are owned by companies which:—have their head office and their main place of business in a Central African State or in a Member State of the European Union, and—are at least 50 % owned by public entities or nationals of one or more Member States of the European Union and/or one or more Central African States. (i) they are at least 50 % owned by nationals of a Member State of the European Union and/or of the Central Africa Party; or (ii) they are owned by companies which:—have their head office and their main place of business in a Central African State or in a Member State of the European Union, and—are at least 50 % owned by public entities or nationals of one or more Member States of the European Union and/or one or more Central African States. — have their head office and their main place of business in a Central African State or in a Member State of the European Union, and — are at least 50 % owned by public entities or nationals of one or more Member States of the European Union and/or one or more Central African States.
(i) they are at least 50 % owned by nationals of a Member State of the European Union and/or of the Central Africa Party; or
(ii) they are owned by companies which:—have their head office and their main place of business in a Central African State or in a Member State of the European Union, and—are at least 50 % owned by public entities or nationals of one or more Member States of the European Union and/or one or more Central African States. — have their head office and their main place of business in a Central African State or in a Member State of the European Union, and — are at least 50 % owned by public entities or nationals of one or more Member States of the European Union and/or one or more Central African States.
— have their head office and their main place of business in a Central African State or in a Member State of the European Union, and
— are at least 50 % owned by public entities or nationals of one or more Member States of the European Union and/or one or more Central African States.
(i) they are at least 50 % owned by nationals of a Member State of the European Union and/or of the Central Africa Party; or
(ii) they are owned by companies which:—have their head office and their main place of business in a Central African State or in a Member State of the European Union, and—are at least 50 % owned by public entities or nationals of one or more Member States of the European Union and/or one or more Central African States. — have their head office and their main place of business in a Central African State or in a Member State of the European Union, and — are at least 50 % owned by public entities or nationals of one or more Member States of the European Union and/or one or more Central African States.
— have their head office and their main place of business in a Central African State or in a Member State of the European Union, and
— are at least 50 % owned by public entities or nationals of one or more Member States of the European Union and/or one or more Central African States.
— have their head office and their main place of business in a Central African State or in a Member State of the European Union, and
— are at least 50 % owned by public entities or nationals of one or more Member States of the European Union and/or one or more Central African States.
(a) their total value does not exceed 10 % of the ex-works price of the product for products of the European Union and 15 % of the ex-works price of the product for products of the Central Africa Party;
(b) none of the percentages given in the list for the maximum value of non-originating materials are exceeded by virtue of the application of this paragraph.
(a) preserving operations to ensure that the products remain in good condition during transport and storage;
(b) simple operations consisting of the removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, cleaning, painting, polishing, cutting up;
(c) removal of oxide, oil, paint or other coverings;
(d) (i)changes of packaging and breaking up and assembly of packages;(ii)simple placing in bottles, flasks, cans, bags, cases, boxes, fixing on cards or boards, etc., and all other simple packaging operations; (i) changes of packaging and breaking up and assembly of packages; (ii) simple placing in bottles, flasks, cans, bags, cases, boxes, fixing on cards or boards, etc., and all other simple packaging operations;
(i) changes of packaging and breaking up and assembly of packages;
(ii) simple placing in bottles, flasks, cans, bags, cases, boxes, fixing on cards or boards, etc., and all other simple packaging operations;
(i) changes of packaging and breaking up and assembly of packages;
(ii) simple placing in bottles, flasks, cans, bags, cases, boxes, fixing on cards or boards, etc., and all other simple packaging operations;
(e) affixing marks, labels, logos and other like distinguishing signs on products or their packaging;
(f) simple mixing of products, whether or not of different kinds; mixing of sugar with any material;
(g) simple assembly of parts to constitute a complete product;
(h) simple disassembly of products into parts;
(i) ironing or pressing of textiles;
(j) husking, partial or total bleaching, polishing, and glazing of cereals and rice;
(k) operations to colour or flavour sugar or form sugar lumps; partial or total milling of granulated sugar;
(l) peeling, stoning and shelling, of fruits, nuts and vegetables;
(m) sharpening, simple grinding or simple cutting;
(n) a combination of two or more operations specified in points (a) to (m);
(o) slaughter of animals.
— ‘Application of Article 6(1) of the Protocol to the EU-Central Africa interim agreement’;
— ‘Application de l’article 6, paragraphe 1 du protocole de l’accord d’étape UE-Afrique Centrale’.
— ‘Application of Article 7(1) of the Protocol to the EU-CA iEPA’;
— ‘Application de l’article 7, paragraphe 1, du protocole de l’APEe UE-AC’.
(a) the receiving party and all the countries or territories involved in the acquisition of the originating status have entered into an arrangement or agreement on administrative cooperation with each other which ensures the correct implementation of this Article and includes a reference to the use of appropriate proof of origin;
(b) the Central Africa Party and the European Union(4)provide each other, through the European Commission and the Ministry responsible for the Agreement, with the details of agreements on administrative cooperation with the other countries or territories referred to in this Article.
(a) materials of Harmonized System headings 1604 and 1605 originating in the EPA Pacific States pursuant to Article 6(6) of Protocol II to the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part(5);
(b) materials of Harmonized System headings 1604 and 1605 originating in the EPA Pacific States pursuant to any future provision of a comprehensive Economic Partnership Agreement between the European Union and Pacific ACP States;
(c) materials originating in the Republic of South Africa which cannot be directly imported into the European Union duty free and quota free.
(a) benefiting from the ‘special arrangements for least developed countries’ under the EU scheme of generalised tariff preferences(6);
(b) benefiting from duty-free quota-free access to the market of the European Union under the general provisions of the scheme of generalised tariff preferences(7),
(a) materials which, on importation into the European Union, are subject to antidumping or countervailing duties when originating in a country which is subject to these antidumping or countervailing duties;
(b) materials of tariff subheadings 3302 10 and 3501 10 of the Harmonized System;
(c) materials of tuna products classified in Chapter 3 of the Harmonized System which are covered by the EU scheme of generalised tariff preferences;
(d) materials in respect of which tariff preferences are removed (graduation) or suspended (safeguard clause) under the EU scheme of generalised tariff preferences.
— ‘Application of Article 8 of the Protocol to the EU-Central Africa interim agreement’;
— ‘Application de l’article 8 du protocole de l’accord d’étape UE-Afrique Centrale’.
(a) all the countries involved in the acquisition of the originating status have entered into an arrangement or agreement on administrative cooperation which ensures correct implementation of this Article and includes a reference to the use of appropriate proof of origin;
(b) the Central African State(s) provide(s) the European Union, through the European Commission, with details of agreements on administrative cooperation with the other countries or territories referred to in this Article. The Commission shall publish in theOfficial Journal of the European Union(C series) the date on which the cumulation provided for in this Article may be applied in respect of those countries or territories listed in this Article which have fulfilled the necessary requirements.
(a) materials of Chapters 1 to 24 of the Harmonized System or listed in paragraph 1(ii) of Annex 1 to the Agreement on Agriculture included in the GATT/WTO 1994;
(b) materials which, on importation into the European Union, are subject to antidumping or countervailing duties when originating in a country which is subject to these antidumping or countervailing duties;
(c) materials which, pursuant to a free trade agreement between the European Union and a third country, are subject to trade measures and safeguard measures or any other measure denying such products duty-free quota-free access to the EU market.
— ‘Application of Article 9 of the Protocol to the EU-Central Africa interim agreement’;
— ‘Application de l’article 9 du protocole de l’accord d’étape UE-Afrique Centrale’.
(a) all the countries involved in the acquisition of the originating status have entered into an arrangement or agreement on administrative cooperation which ensures correct implementation of this Article and includes a reference to the use of appropriate proof of origin;
(b) the Central African State(s) provide(s) the European Union, through the European Commission, with details of agreements on administrative cooperation with the other countries or territories referred to in this Article. The Commission shall publish in theOfficial Journal of the European Union(C series) the date on which the cumulation provided for in this Article may be applied in respect of those countries or territories listed in this Article which have fulfilled the necessary requirements.
(a) when a product composed of a group or assembly of articles is classified under the terms of the Harmonized System in a single heading, the whole constitutes the unit of qualification;
(b) when a consignment consists of a number of identical products classified under the same heading of the Harmonized System, each product shall be taken individually when applying the provisions of this Protocol.
(a) energy and fuel;
(b) plant and equipment;
(c) machines and tools;
(d) goods which do not enter and which are not intended to enter into the final composition of the product.
(a) are the same goods as those exported; and
(b) have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.
(a) that those products are wholly obtained in the European Union or in the Central Africa Party or have undergone working or processing there which goes beyond the operations referred to in Article 5 prior to being exported; and
(b) that it can be demonstrated to the satisfaction of the customs authorities that:(i)any working or processing done outside the European Union or outside the Central Africa Party has been done under the outward processing arrangements, or similar arrangements;(ii)the re-imported goods have been obtained by working or processing the exported materials; and(iii)all costs arising outside the Central Africa Party or the European Union, including the value of the materials incorporated there, do not exceed 10 % of the ex-works price of the end product for which originating status is claimed. (i) any working or processing done outside the European Union or outside the Central Africa Party has been done under the outward processing arrangements, or similar arrangements; (ii) the re-imported goods have been obtained by working or processing the exported materials; and (iii) all costs arising outside the Central Africa Party or the European Union, including the value of the materials incorporated there, do not exceed 10 % of the ex-works price of the end product for which originating status is claimed.
(i) any working or processing done outside the European Union or outside the Central Africa Party has been done under the outward processing arrangements, or similar arrangements;
(ii) the re-imported goods have been obtained by working or processing the exported materials; and
(iii) all costs arising outside the Central Africa Party or the European Union, including the value of the materials incorporated there, do not exceed 10 % of the ex-works price of the end product for which originating status is claimed.
(i) any working or processing done outside the European Union or outside the Central Africa Party has been done under the outward processing arrangements, or similar arrangements;
(ii) the re-imported goods have been obtained by working or processing the exported materials; and
(iii) all costs arising outside the Central Africa Party or the European Union, including the value of the materials incorporated there, do not exceed 10 % of the ex-works price of the end product for which originating status is claimed.
(a) an exporter has consigned these products from the Central Africa Party or from the European Union 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 Central Africa Party or in the European Union;
(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.
(a) a movement certificate EUR.1, a specimen of which appears in Annex III; or
(b) an origin declaration, 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.
(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 was issued but was not accepted at importation for technical reasons.
(a) in the cases referred to in Article 18(1), by an exporter registered in accordance with the relevant EU legislation;
(b) in the cases referred to in Article 18(2)(b), by an exporter registered in accordance with the relevant legislation of the Central Africa Party;
(c) by any exporter, for any consignment consisting of one or more packages containing originating products, the total value of which does not exceed EUR 6 000.
(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 book-keeping;
(b) documents proving the originating status of materials used, issued or made out in the Central Africa Party, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9 where these documents are used in accordance with domestic law;
(c) documents proving the working or processing of materials in the Central Africa Party, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9, issued or made out in the Central Africa Party, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9 where these documents are used in accordance with domestic law;
(d) movement certificates EUR.1 or origin declarations proving the originating status of materials used, issued or made out in a Central African State, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9 in accordance with this Protocol.
(a) provide each other with the necessary administrative cooperation in the event of a request for the monitoring of the proper management and control of the Protocol in the country concerned, including on-site visits;
(b) check, in accordance with Article 35, the originating status of the products and compliance with the other requirements of this Protocol.
(a) description of the finished product;
(b) nature and quantity of materials originating in a third country;
(c) nature and quantity of materials originating in the Central African State acceding to this Protocol or in the States or territories referred to in Article 7 or the materials which have been processed there;
(d) manufacturing processes;
(e) value added;
(f) number of employees in the undertaking concerned;
(g) anticipated volume of exports to the European Union;
(h) other possible sources of supply for raw materials;
(i) reasons for the duration requested in the light of efforts made to find new sources of supply;
(j) other observations.
(a) the level of development or the geographical situation of the Central African State;
(b) cases where the application of the existing rules of origin would significantly affect the ability of an existing industry in a Central African State acceding to this Agreement to continue its exports to the European Union, with particular reference to cases where this could lead to cessation of its activities;
(c) specific cases where it can be clearly demonstrated that significant investment in an industry could be deterred by the rules of origin and where a derogation favouring the implementation of an investment programme would enable these rules to be complied with in stages.
(a) the economic and social impact of the decisions to be taken, especially in respect of employment;
(b) the need to apply the derogation for a period taking into account the particular situation of the Central African State concerned and its difficulties.
8. (a)Derogations shall be valid for a period, generally of five (5) years, to be determined by the EPA Committee.(b)The derogation decision may provide for renewals without a new decision of the EPA Committee being necessary, provided that the Central African State submits, three (3) months before the end of each period, proof that it is still unable to meet the conditions of this Protocol which have been derogated from.If any objection is made to the extension, the EPA Committee shall examine it as soon as possible and decide whether to extend the derogation. The Committee shall proceed as provided for in paragraph 7. All necessary measures shall be taken to avoid interruptions in the application of the derogation.(c)In the periods referred to in subparagraphs (a) and (b), the EPA Committee may review the terms for implementing the derogation should a significant change be found to have taken place in the substantive factors governing the decision to grant the derogation. On conclusion of its review the EPA Committee may decide to amend the terms of its decision as regards the scope of the derogation or any other condition previously laid down. (a) Derogations shall be valid for a period, generally of five (5) years, to be determined by the EPA Committee. (b) The derogation decision may provide for renewals without a new decision of the EPA Committee being necessary, provided that the Central African State submits, three (3) months before the end of each period, proof that it is still unable to meet the conditions of this Protocol which have been derogated from.If any objection is made to the extension, the EPA Committee shall examine it as soon as possible and decide whether to extend the derogation. The Committee shall proceed as provided for in paragraph 7. All necessary measures shall be taken to avoid interruptions in the application of the derogation. (c) In the periods referred to in subparagraphs (a) and (b), the EPA Committee may review the terms for implementing the derogation should a significant change be found to have taken place in the substantive factors governing the decision to grant the derogation. On conclusion of its review the EPA Committee may decide to amend the terms of its decision as regards the scope of the derogation or any other condition previously laid down.
(a) Derogations shall be valid for a period, generally of five (5) years, to be determined by the EPA Committee.
(b) The derogation decision may provide for renewals without a new decision of the EPA Committee being necessary, provided that the Central African State submits, three (3) months before the end of each period, proof that it is still unable to meet the conditions of this Protocol which have been derogated from.If any objection is made to the extension, the EPA Committee shall examine it as soon as possible and decide whether to extend the derogation. The Committee shall proceed as provided for in paragraph 7. All necessary measures shall be taken to avoid interruptions in the application of the derogation.
(c) In the periods referred to in subparagraphs (a) and (b), the EPA Committee may review the terms for implementing the derogation should a significant change be found to have taken place in the substantive factors governing the decision to grant the derogation. On conclusion of its review the EPA Committee may decide to amend the terms of its decision as regards the scope of the derogation or any other condition previously laid down.
(a) Derogations shall be valid for a period, generally of five (5) years, to be determined by the EPA Committee.
(b) The derogation decision may provide for renewals without a new decision of the EPA Committee being necessary, provided that the Central African State submits, three (3) months before the end of each period, proof that it is still unable to meet the conditions of this Protocol which have been derogated from.If any objection is made to the extension, the EPA Committee shall examine it as soon as possible and decide whether to extend the derogation. The Committee shall proceed as provided for in paragraph 7. All necessary measures shall be taken to avoid interruptions in the application of the derogation.
(c) In the periods referred to in subparagraphs (a) and (b), the EPA Committee may review the terms for implementing the derogation should a significant change be found to have taken place in the substantive factors governing the decision to grant the derogation. On conclusion of its review the EPA Committee may decide to amend the terms of its decision as regards the scope of the derogation or any other condition previously laid down.
(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)such products have undergone sufficient working or processing within the meaning of Article 4, or that(ii)those products originate in a Central African State or in the European Union, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5; (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)such products have undergone sufficient working or processing within the meaning of Article 4, or that(ii)those products originate in a Central African State or in the European Union, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5; (i) such products have undergone sufficient working or processing within the meaning of Article 4, or that (ii) those products originate in a Central African State or in the European Union, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5;
(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)such products have undergone sufficient working or processing within the meaning of Article 4, or that(ii)those products originate in a Central African State or in the European Union, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5; (i) such products have undergone sufficient working or processing within the meaning of Article 4, or that (ii) those products originate in a Central African State or in the European Union, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5;
(i) such products have undergone sufficient working or processing within the meaning of Article 4, or that
(ii) those products originate in a Central African State or in the European Union, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5;
(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)such products have undergone sufficient working or processing within the meaning of Article 4, or that(ii)those products originate in a Central African State or in the European Union, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5; (i) such products have undergone sufficient working or processing within the meaning of Article 4, or that (ii) those products originate in a Central African State or in the European Union, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5;
(i) such products have undergone sufficient working or processing within the meaning of Article 4, or that
(ii) those products originate in a Central African State or in the European Union, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5;
(i) such products have undergone sufficient working or processing within the meaning of Article 4, or that
(ii) those products originate in a Central African State or in the European Union, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5;
(2) products originating in a Central African State:(a)products wholly obtained in a Central African State;(b)products obtained in a Central African State, in the manufacture of which products other than those referred to in (a) are used, provided that:(i)such products have undergone sufficient working or processing within the meaning of Article 4, or that(ii)those products originate in Ceuta and Melilla or in the European Union within the meaning of this Protocol, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5. (a) products wholly obtained in a Central African State; (b) products obtained in a Central African State, in the manufacture of which products other than those referred to in (a) are used, provided that:(i)such products have undergone sufficient working or processing within the meaning of Article 4, or that(ii)those products originate in Ceuta and Melilla or in the European Union within the meaning of this Protocol, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5. (i) such products have undergone sufficient working or processing within the meaning of Article 4, or that (ii) those products originate in Ceuta and Melilla or in the European Union within the meaning of this Protocol, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5.
(a) products wholly obtained in a Central African State;
(b) products obtained in a Central African State, in the manufacture of which products other than those referred to in (a) are used, provided that:(i)such products have undergone sufficient working or processing within the meaning of Article 4, or that(ii)those products originate in Ceuta and Melilla or in the European Union within the meaning of this Protocol, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5. (i) such products have undergone sufficient working or processing within the meaning of Article 4, or that (ii) those products originate in Ceuta and Melilla or in the European Union within the meaning of this Protocol, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5.
(i) such products have undergone sufficient working or processing within the meaning of Article 4, or that
(ii) those products originate in Ceuta and Melilla or in the European Union within the meaning of this Protocol, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5.
(a) products wholly obtained in a Central African State;
(b) products obtained in a Central African State, in the manufacture of which products other than those referred to in (a) are used, provided that:(i)such products have undergone sufficient working or processing within the meaning of Article 4, or that(ii)those products originate in Ceuta and Melilla or in the European Union within the meaning of this Protocol, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5. (i) such products have undergone sufficient working or processing within the meaning of Article 4, or that (ii) those products originate in Ceuta and Melilla or in the European Union within the meaning of this Protocol, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5.
(i) such products have undergone sufficient working or processing within the meaning of Article 4, or that
(ii) those products originate in Ceuta and Melilla or in the European Union within the meaning of this Protocol, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5.
(i) such products have undergone sufficient working or processing within the meaning of Article 4, or that
(ii) those products originate in Ceuta and Melilla or in the European Union within the meaning of this Protocol, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5.
(a) the national and regional arrangements required for the implementation and enforcement of the rules and procedures laid down in this Protocol, in particular the arrangements necessary for the application of the articles on cumulation;
(b) the establishment of the administrative structures and systems necessary for the appropriate management and verification of the origin of products.
1. The first two columns in the list describe the product obtained. The first column gives the heading number or chapter number used in the Harmonized System and the second column gives the description of goods used in that system for that heading or chapter. For each entry in the first two columns, a rule is specified in columns 3 or 4. Where, in some cases, the entry in the first column is preceded by an ‘ex’, this signifies that the rules in columns 3 or 4 apply only to the part of that heading as described in column 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 Harmonized System, are classified in headings of the chapter or in any of the headings grouped together in column 1.
3. Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in columns 3 or 4.
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 has to be applied.
1. The provisions of Article 4 concerning products having acquired originating status which are used in the manufacture of other products apply regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the European Union or in the Central Africa Party.For 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 European Union 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 European Union. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.
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. In other words, 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. Without prejudice to Note 3.2, where a rule states that ‘materials of any heading’ may be used, materials of the same heading as the product may also be used, subject, however, to any specific limitations which may also be contained in the rule. However, the expression ‘manufacture from materials of any heading, including other materials of heading …’ means that only materials classified in the same heading as the product of a description other than that of the product as given in column 2 of the list may be used.
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.For example:The rule for fabrics of headings 5208 to 5212 indicates 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.
5. Where a rule in the list specifies that a product must be manufactured from a particular material, the condition obviously does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule. (See also Note 6.3 below in relation to textiles).For 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 produced 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.For example:In the case of an article of apparel of ex Chapter 62 of the Harmonized System 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.
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 those 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.
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 that have been carded, combed or otherwise processed but not spun.
2. The term ‘natural fibres’ includes horsehair of heading 0511, 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.
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 of the Harmonized System which can be used to manufacture artificial, synthetic or paper fibres or yarns.
4. The term ‘man-made staple fibres’ is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings 5501 to 5507.
1. 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 below).
2. However, the tolerance mentioned in Note 5.1 may only be applied to mixed products which have been made from two or more basic textile materials.The following are the basic textile materials:—silk,—wool,—coarse animal hair,—fine animal hair,—horsehair,—cotton,—paper-making materials and paper,—flax,—true hemp,—jute and other textile bast fibres,—sisal and other textile fibres of the genus Agave,—coconut, abaca, ramie and other vegetable textile fibres,—synthetic man-made filaments,—artificial man-made filaments,—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 polyphenylene sulphide,—synthetic man-made staple fibres of polyvinyl 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.For 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 that do not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) may be used up to a weight of 10 % of the yarn.For 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.For example:Tufted textile fabric of heading 5802 made from cotton yarn of heading 5205 and cotton fabric of heading 5210 is only a 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.For 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. — 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 polyphenylene sulphide, — synthetic man-made staple fibres of polyvinyl 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.
— 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 polyphenylene sulphide,
— synthetic man-made staple fibres of polyvinyl 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.
— 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 polyphenylene sulphide,
— synthetic man-made staple fibres of polyvinyl 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.
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 the yarn.
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 an adhesive between two layers of plastic film’, the tolerance is 30 % in respect of the strip.
1. In the case of those textile products which are marked in the list by a footnote referring to this Introductory Note, textile trimmings and accessories which do not satisfy the rule set out in the list in column 3 for the made up products concerned may be used provided that their weight does not exceed 10 % of the total weight of all the textile materials incorporated.The textile trimmings and accessories concerned are those classified in Chapters 50 to 63 of the Harmonized System. Linings and interlinings are not be regarded as trimmings or accessories.
2. Any non-textile trimmings and accessories or other materials used which contain textiles do not have to satisfy the conditions set out in column 3 even though they fall outside the scope of Note 3.5.
3. In accordance with Note 3.5, any non-originating non-textile trimmings and accessories or other product which do not contain any textiles may, in all cases, be used freely where they cannot be made from the materials listed in column 3.For example(1), if a rule in the list says that for a particular textile item, such as a blouse, yarn must be used, this does not prevent the use of metal items, such as buttons, because they cannot be made from textile materials.
4. Where a percentage rule applies, the value of trimmings and accessories must be taken into account when calculating the value of the non-originating materials incorporated.
1. For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, the ‘specific processes’ are as follows:(a)vacuum distillation;(b)redistillation by a very thorough fractionation process(2);(c)cracking;(d)reforming;(e)extraction by means of selective solvents;(f)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. (a) vacuum distillation; (b) redistillation by a very thorough fractionation process(2); (c) cracking; (d) reforming; (e) extraction by means of selective solvents; (f) 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.
(a) vacuum distillation;
(b) redistillation by a very thorough fractionation process(2);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) 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.
(a) vacuum distillation;
(b) redistillation by a very thorough fractionation process(2);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) 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.
2. For the purposes of headings 2710 to 2712, the ‘specific processes’ are as follows:(a)vacuum distillation;(b)redistillation by a very thorough fractionation process(3);(c)cracking;(d)reforming;(e)extraction by means of selective solvents;(f)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.(j)in respect of heavy oils falling within 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);(k)in respect of products falling within heading 2710 only, deparaffining by a process other than filtering;(l)in respect of heavy oils falling within heading ex 2710 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250oC with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. 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;(m)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 300oC, by the ASTM D 86 method;(n)in respect of heavy oils other than gas oils and fuel oils falling within heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge. (a) vacuum distillation; (b) redistillation by a very thorough fractionation process(3); (c) cracking; (d) reforming; (e) extraction by means of selective solvents; (f) 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. (j) in respect of heavy oils falling within 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); (k) in respect of products falling within heading 2710 only, deparaffining by a process other than filtering; (l) in respect of heavy oils falling within heading ex 2710 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250oC with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. 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; (m) 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 300oC, by the ASTM D 86 method; (n) in respect of heavy oils other than gas oils and fuel oils falling within heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.
(a) vacuum distillation;
(b) redistillation by a very thorough fractionation process(3);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) 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.
(j) in respect of heavy oils falling within 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);
(k) in respect of products falling within heading 2710 only, deparaffining by a process other than filtering;
(l) in respect of heavy oils falling within heading ex 2710 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250oC with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. 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;
(m) 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 300oC, by the ASTM D 86 method;
(n) in respect of heavy oils other than gas oils and fuel oils falling within heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.
(a) vacuum distillation;
(b) redistillation by a very thorough fractionation process(3);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) 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.
(j) in respect of heavy oils falling within 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);
(k) in respect of products falling within heading 2710 only, deparaffining by a process other than filtering;
(l) in respect of heavy oils falling within heading ex 2710 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250oC with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. 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;
(m) 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 300oC, by the ASTM D 86 method;
(n) in respect of heavy oils other than gas oils and fuel oils falling within heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.
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, any combination of these operations or like operations do not confer origin.
HS heading Product description Working or processing carried out on non-originating materials that confers originating status
(1) (2) (3) (4)
Chapter 1 Live animals All the animals of Chapter 1 used must be wholly obtained
Chapter 2 Meat and edible meat offal Manufacture in which all the materials of Chapters 1 and 2 used must be wholly obtained
ex Chapter 3 Fish and crustaceans, molluscs and other aquatic invertebrates Manufacture in which all the materials of Chapter 3 used must be wholly obtained
0304 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen Manufacture in which the value of all the materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product
0305 Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of molluscs, fit for human consumption Manufacture in which the value of all the materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product
0306 Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked crustaceans, whether in shell or not, whether or not cooked before or during the smoking process; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption Manufacture in which the value of all the materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product
0307 Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process; flours, meals and pellets of molluscs, fit for human consumption Manufacture in which the value of all the materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product
0308 Aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; smoked aquatic invertebrates other than crustaceans and molluscs, whether or not cooked before or during the smoking process; flours, meals and pellets of aquatic invertebrates other than crustaceans and molluscs, fit for human consumption Manufacture in which the value of all the materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product
ex Chapter 4 Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included; except for: Manufacture in which all the materials of Chapter 4 used must be wholly obtained
0403 Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa Manufacture in which:—all the materials of Chapter 4 used must be wholly obtained,—any fruit juice (expect those of pineapple, lime or grapefruit) of heading 2009 used must already be originating, and—the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product — all the materials of Chapter 4 used must be wholly obtained, — any fruit juice (expect those of pineapple, lime or grapefruit) of heading 2009 used must already be originating, and — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials of Chapter 4 used must be wholly obtained,
— any fruit juice (expect those of pineapple, lime or grapefruit) of heading 2009 used must already be originating, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
ex Chapter 5 Products of animal origin, not elsewhere specified or included; except for: Manufacture in which all the materials of Chapter 5 used must be wholly obtained
ex 0502 Prepared pigs’, hogs’ or boars’ bristles and hair Cleaning, disinfecting, sorting and straightening of bristles and hair
Chapter 6 Live trees and other plants Manufacture in which:—all the materials of Chapter 6 used must be wholly obtained;—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials of Chapter 6 used must be wholly obtained; — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials of Chapter 6 used must be wholly obtained;
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 7 Edible vegetables and certain roots and tubers Manufacture in which all the materials of Chapter 7 used must be wholly obtained
Chapter 8 Edible fruit and nuts; peel of citrus fruits or melons Manufacture in which:—all the fruit and nuts used must be wholly obtained; and—the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product — all the fruit and nuts used must be wholly obtained; and — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the fruit and nuts used must be wholly obtained; and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
ex Chapter 9 Coffee, tea, maté and spices; except for: Manufacture in which all the materials of Chapter 9 used must be wholly obtained
0901 Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion Manufacture from materials of any heading
0902 Tea, whether or not flavoured Manufacture from materials of any heading
ex 0910 Mixtures of spices Manufacture from materials of any heading
Chapter 10 Cereals Manufacture in which all the materials of Chapter 10 used must be wholly obtained
ex Chapter 11 Products of the milling industry; malt; starches; inulin; wheat gluten; except for: Manufacture in which all the cereals, edible vegetables, roots and tubers of heading 0714 or fruit used must be wholly obtained
ex 1106 Flour, meal and powder of the dried, shelled leguminous vegetables of heading 0713 Drying and milling of leguminous vegetables of heading 0708
Chapter 12 Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder Manufacture in which all the materials of Chapter 12 used must be wholly obtained
1301 Lac; natural gums, resins, gum-resins and oleoresins (for example, balsams) Manufacture in which the value of any materials of heading 1301 used may not exceed 50 % of the ex-works price of the product
1302 Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:
– mucilages and thickeners, whether or not modified, derived from vegetable products Manufacture from non-modified mucilages and thickeners
– other Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
Chapter 14 Vegetable plaiting materials; vegetable products not elsewhere specified or included Manufacture in which all the materials of Chapter 14 used must be wholly obtained
ex Chapter 15 Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animals or vegetable waxes; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
1501 Pig fat (including lard) and poultry fat, other than that of heading 0209 or 1503:
– fats from bones or waste Manufacture from materials of any heading, except those of heading 0203, 0206 or 0207 or bones of heading 0506
– other Manufacture from meat or edible offal of swine of heading 0203 or 0206 or of meat and edible offal of poultry of heading 0207
1502 Fats of bovine animals, sheep or goats, other than those of heading 1503:
– fats from bones or waste Manufacture from materials of any heading, except those of heading 0201, 0202, 0204 or 0206 or bones of heading 0506
– other Manufacture in which all the materials of Chapter 2 used must be wholly obtained
1504 Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified:
– solid fractions Manufacture from materials of any heading, including other materials of heading 1504
– other Manufacture in which all the materials of Chapters 2 and 3 used must be wholly obtained
ex 1505 Refined lanolin Manufacture from crude wool grease of heading 1505
1506 Other animals fats and oils and their fractions, whether or not refined, but not chemically modified:
– solid fractions Manufacture from materials of any heading, including other materials of heading 1506
– other Manufacture in which all the materials of Chapter 2 used must be wholly obtained
1507 to 1515 Vegetable oils and their fractions:
– soya, ground nut, palm, copra, palm kernel, babassu, tung and oiticica oil, myrtle wax and Japan wax, fractions of jojoba oil and oils for technical or industrial uses other than the manufacture of foodstuffs for human consumption Manufacture in which all the materials used are classified within a heading other than that of the product
– solid fractions, except for that of jojoba oil Manufacture from other materials of headings 1507 to 1515
– other Manufacture in which all the vegetable materials used must be wholly obtained
1516 Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared Manufacture in which:—all the materials of Chapter 2 used must be wholly obtained;—all the vegetable materials used must be wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used — all the materials of Chapter 2 used must be wholly obtained; — all the vegetable materials used must be wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used
— all the materials of Chapter 2 used must be wholly obtained;
— all the vegetable materials used must be wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used
1517 Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 1516 Manufacture in which:—all the materials of Chapters 2 and 4 used must be wholly obtained; and—all the vegetable materials used must be wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used — all the materials of Chapters 2 and 4 used must be wholly obtained; and — all the vegetable materials used must be wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used
— all the materials of Chapters 2 and 4 used must be wholly obtained; and
— all the vegetable materials used must be wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used
Chapter 16 Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates Manufacture from animals of Chapter 1
1604 and 1605 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs;Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved Manufacture in which the value of all the materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product
ex Chapter 17 Sugars and sugar confectionery; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 1701 Cane or beet sugar and chemically pure sucrose, in solid form, flavoured or coloured Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
1702 Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:
– chemically pure maltose and fructose Manufacture from materials of any heading, including other materials of heading 1702
– other sugars in solid form, containing added flavouring or colouring matter Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
– other Manufacture in which all the materials used must already be originating
ex 1703 Molasses resulting from the extraction or refining of sugar, flavoured or coloured Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
1704 Sugar confectionery (including white chocolate), not containing cocoa Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
Chapter 18 Cocoa and cocoa preparations Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
1901 Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:
– malt extract Manufacture from cereals of Chapter 10
– other Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
1902 Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared:
– containing 20 % or less by weight of meat, meat offal, fish, crustaceans or molluscs Manufacture in which all the cereals and derivatives (except durum wheat and its derivatives) used must be wholly obtained
– containing more than 20 % by weight of meat, meat offal, fish, crustaceans or molluscs Manufacture in which:—all cereals and derivatives (except durum wheat and its derivatives) used must be wholly obtained; and—all the materials of Chapters 2 and 3 used must be wholly obtained — all cereals and derivatives (except durum wheat and its derivatives) used must be wholly obtained; and — all the materials of Chapters 2 and 3 used must be wholly obtained
— all cereals and derivatives (except durum wheat and its derivatives) used must be wholly obtained; and
— all the materials of Chapters 2 and 3 used must be wholly obtained
1903 Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms Manufacture from materials of any heading, except potato starch of heading 1108
1904 Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals other than maize (corn) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included Manufacture:—from materials of any heading, except those of heading 1806,—in which all the cereals and flour (except durum wheat and its derivates and Zea indurata maize) used must be wholly obtained; and—in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product — from materials of any heading, except those of heading 1806, — in which all the cereals and flour (except durum wheat and its derivates and Zea indurata maize) used must be wholly obtained; and — in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— from materials of any heading, except those of heading 1806,
— in which all the cereals and flour (except durum wheat and its derivates and Zea indurata maize) used must be wholly obtained; and
— in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
1905 Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products Manufacture from materials of any heading except those of Chapter 11
ex Chapter 20 Preparations of vegetables, fruit, nuts or other parts of plants: except for: Manufacture in which all the fruit, nuts or vegetables used must be wholly obtained
ex 2001 Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, prepared or preserved by vinegar or acetic acid Manufacture in which all the materials used are classified within a heading other than that of the product
ex 2004 andex 2005 Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid Manufacture in which all the materials used are classified within a heading other than that of the product
2006 Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised) Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
2007 Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, being cooked preparations, whether or not containing added sugar or other sweetening matter Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
ex 2008 – Nuts, not containing added sugar or spirit Manufacture in which the value of the originating nuts and oil seeds of headings 0801, 0802 and 1202 to 1207 used exceeds 60 % of the ex-works price of the product
– Peanut butter; mixtures based on cereals; palm hearts; maize (corn) Manufacture in which all the materials used are classified within a heading other than that of the product
– Other, except for fruit and nuts cooked otherwise than by steaming or boiling in water, not containing added sugar, frozen Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
2009 Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
ex Chapter 21 Miscellaneous edible preparations; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
2101 Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—all the chicory used must be wholly obtained — all the materials used are classified within a heading other than that of the product, and — all the chicory used must be wholly obtained
— all the materials used are classified within a heading other than that of the product, and
— all the chicory used must be wholly obtained
2103 Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:
– sauces and preparations therefor; mixed condiments and mixed seasonings Manufacture in which all the materials used are classified within a heading other than that of the product. However, mustard flour or meal or prepared mustard may be used
– mustard flour and meal and prepared mustard Manufacture from materials of any heading
ex 2104 Soups and broths and preparations therefor Manufacture from materials of any heading, except prepared or preserved vegetables of headings 2002 to 2005
2106 Food preparations not elsewhere specified or included Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
ex Chapter 22 Beverages, spirits and vinegar; except for: Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—all the grapes or any materials derived from grapes used must be wholly obtained — all the materials used are classified within a heading other than that of the product, and — all the grapes or any materials derived from grapes used must be wholly obtained
— all the materials used are classified within a heading other than that of the product, and
— all the grapes or any materials derived from grapes used must be wholly obtained
2202 Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 Manufacture in which:—all the materials used are classified within a heading other than that of the product;—the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product; and—any fruit juice used (except for pineapple, lime and grapefruit) must already be originating — all the materials used are classified within a heading other than that of the product; — the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product; and — any fruit juice used (except for pineapple, lime and grapefruit) must already be originating
— all the materials used are classified within a heading other than that of the product;
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product; and
— any fruit juice used (except for pineapple, lime and grapefruit) must already be originating
2207 Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol and other spirits, denatured, of any strength Manufacture: from materials not classified within heading 2207 or 2208, and—in which all the grapes or materials derived from grapes used must be wholly obtained or, if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume — in which all the grapes or materials derived from grapes used must be wholly obtained or, if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume
— in which all the grapes or materials derived from grapes used must be wholly obtained or, if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume
2208 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages Manufacture:from materials not classified within heading 2207 or 2208, and—in which all the grapes or materials derived from grapes used must be wholly obtained or, if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume — in which all the grapes or materials derived from grapes used must be wholly obtained or, if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume
— in which all the grapes or materials derived from grapes used must be wholly obtained or, if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume
ex Chapter 23 Residues and waste from the food industries; prepared animal fodder; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 2301 Whale meal; flours, meals and pellets of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption Manufacture in which all the materials of Chapters 2 and 3 used must be wholly obtained
ex 2303 Residues from the manufacture of starch from maize (excluding concentrated steeping liquors), of a protein content, calculated on the dry product exceeding 40 % by weight Manufacture in which all the maize used must be wholly obtained
ex 2306 Oil cake and other solid residues resulting from the extraction of olive oil, containing more than 3 % of olive oil Manufacture in which all the olives used must be wholly obtained
2309 Preparations of a kind used in animal feeding Manufacture in which:—all the cereals, sugar or molasses, meat or milk used must already be originating; and—all the materials of Chapter 3 used must be wholly obtained — all the cereals, sugar or molasses, meat or milk used must already be originating; and — all the materials of Chapter 3 used must be wholly obtained
— all the cereals, sugar or molasses, meat or milk used must already be originating; and
— all the materials of Chapter 3 used must be wholly obtained
ex Chapter 24 Tobacco and manufactured tobacco substitutes; except for: Manufacture in which all the materials of Chapter 24 used must be wholly obtained
2402 Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes Manufacture in which at least 70 % by weight of the unmanufactured tobacco or tobacco refuse of heading 2401 used is originating
ex 2403 Smoking tobacco Manufacture in which at least 70 % by weight of the unmanufactured tobacco or tobacco refuse of heading 2401 used is originating
ex Chapter 25 Salt; sulphur; earths and stone; plastering materials, lime and cement; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 2504 Natural crystalline graphite, with enriched carbon content, purified and ground Enriching of the carbon content, purifying and grinding of crude crystalline graphite
ex 2515 Marble, merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape, of a thickness not exceeding 25 cm Cutting, by sawing or otherwise, of marble (even if already sawn) of a thickness exceeding 25 cm
ex 2516 Granite, porphyry, basalt, sandstone and other monumental or building stone, merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape, of a thickness not exceeding 25 cm Cutting, by sawing or otherwise, of stone (even if already sawn) of a thickness exceeding 25 cm
ex 2518 Calcined dolomite Calcination of uncalcined dolomite
ex 2519 Crushed natural magnesium carbonate (magnesite), in hermetically-sealed containers, and magnesium oxide, whether or not pure, other than fused magnesia or dead-burned (sintered) magnesia Manufacture in which all the materials used are classified within a heading other than that of the product. However, natural magnesium carbonate (magnesite) may be used
ex 2520 Plasters specially prepared for dentistry Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
ex 2524 Natural asbestos fibres Manufacture from asbestos concentrate
ex 2525 Mica powder Grinding of mica or mica waste
ex 2530 Earth colours, calcined or powdered Calcination or grinding of earth colours
Chapter 26 Ores, slag and ash Manufacture in which all the materials used are classified within a heading other than that of the product
ex Chapter 27 Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 2707 Oils in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents, being oils similar to mineral oils obtained by distillation of high temperature coal tar, of which more than 65 % by volume distils at a temperature of up to 250oC (including mixtures of petroleum spirit and benzole), for use as power or heating fuels Operations of refining and/or one or more specific process(es)(1)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product
ex 2709 Crude oils obtained from bituminous minerals Destructive distillation of bituminous materials
2710 Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations Operations of refining and/or one or more specific process(es)(2)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product
2711 Petroleum gases and other gaseous hydrocarbons Operations of refining and/or one or more specific process(es)(3)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product
2712 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 Operations of refining and/or one or more specific process(es)(4)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product
2713 Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous materials Operations of refining and/or one or more specific process(es)(5)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product
2714 Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphaltites and asphaltic rocks Operations of refining and/or one or more specific process(es)(6)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product
2715 Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cut-backs) Operations of refining and/or one or more specific process(es)(7)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product
ex Chapter 28 Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes; except for: Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 2805 ‘Mischmetall’ Manufacture by electrolytic or thermal treatment in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex 2811 Sulphur trioxide Manufacture from sulphur dioxide Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 2833 Aluminium sulphate Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
ex 2840 Sodium perborate Manufacture from disodium tetraborate pentahydrate Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 2852 Mercury compounds of internal ethers and their halogenated, sulphonated, nitrated or nitrosated derivatives Manufacture from materials of any heading. However, the value of all the materials of heading 2909 used may not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
Mercury compounds of nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds Manufacture from materials of any heading. However, the value of all the materials of headings 2932, 2933 and 2934 used may not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
Mercury compounds of diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading 3002 or 3006; certified reference materials Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds Manufacture from materials of any heading. However, the value of all the materials of headings 2932, 2933 and 2934 used may not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
Mercury compounds of chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 29 Organic chemicals; except for: Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 2901 Acyclic hydrocarbons for use as power or heating fuels Operations of refining and/or one or more specific process(es)(8)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product
ex 2902 Cyclanes and cyclenes (other than azulenes), benzene, toluene, xylenes, for use as power or heating fuels Operations of refining and/or one or more specific process(es)(9)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used, provided that their value does not exceed 50 % of the ex-works price of the product
ex 2905 Metal alcoholates of alcohols of this heading and of ethanol Manufacture from materials of any heading, including other materials of heading 2905. However, metal alcoholates of this heading may be used, provided their value does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
2915 Saturated acyclic monocarboxylic acids and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives Manufacture from materials of any heading. However, the value of all the materials of headings 2915 and 2916 used may not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 2932 Internal ethers and their halogenated, sulphonated, nitrated or nitrosated derivatives Manufacture from materials of any heading. However, the value of all the materials of heading 2909 used may not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
Cyclic acetals and internal hemiacetals and their halogenated, sulphonated, nitrated or nitrosated derivatives Manufacture from materials of any heading Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
2933 Heterocyclic compounds with nitrogen hetero-atom(s) only Manufacture from materials of any heading. However, the value of all the materials of headings 2932 and 2933 used may not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
2934 Nucleic acids and their salts; other heterocyclic compounds Manufacture from materials of any heading. However, the value of all the materials of headings 2932, 2933 and 2934 used may not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
293980 Alkaloids of non-plant origin
Heterocyclic compounds with nitrogen hetero-atom(s) only Manufacture in which the value of all the materials used does not exceed 40 % in a heading other than that of the ex-works price of the product However, materials classified within the same heading may be used, provided that their value does not exceed 20 % of the ex works price of the product
Nucleic acids and their salts; other heterocyclic compounds Manufacture in which the value of all the materials used does not exceed 40 % in a heading other than that of the ex-works price of the product However, materials classified within the same heading may be used, provided that their value does not exceed 20 % of the ex works price of the product
ex Chapter 30 Pharmaceutical products; except for: Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
ex 3002 Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products:
– products consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses or unmixed products for these uses, put up in measured doses or in forms or packings for retail sale Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product
– other:
— human blood Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product
— animal blood prepared for therapeutic or prophylactic uses Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product
— blood fractions other than antisera, haemoglobin, blood globulins and serum globulins Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product
— haemoglobin, blood globulins and serum globulins Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product
— other Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product
Heterocyclic compounds with nitrogen hetero-atom(s) only Manufacture from materials of any heading. However, the value of all the materials of headings 2932 and 2933 used may not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds Manufacture from materials of any heading. However, the value of all the materials of headings 2932, 2933 and 2934 used may not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
3003 and 3004 Medicaments (excluding goods of headings 3002, 3005 or 3006):
– obtained from amikacin of heading 2941 Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials of heading 3003 or 3004 may be used provided their value, taken together, does not exceed 20 % of the ex-works price of the product
– other Manufacture in which:—all the materials used are classified within a heading other than that of the product; However, materials of heading 3003 or 3004 may be used provided their value, taken together, does not exceed 20 % of the ex-works price of the product, and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product; However, materials of heading 3003 or 3004 may be used provided their value, taken together, does not exceed 20 % of the ex-works price of the product, and — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product; However, materials of heading 3003 or 3004 may be used provided their value, taken together, does not exceed 20 % of the ex-works price of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex 3006 Appliances identifiable for ostomy use made of plastic Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 31 Fertilisers; except for: Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 3105 Mineral or chemical fertilizers containing two or three of the fertilizing elements: nitrogen, phosphorus and potassium; other fertilisers; goods of this Chapter, in tablets or similar forms or in packages of a gross weight not exceeding 10 kg, except for:—sodium nitrate—calcium cyanamide—potassium sulphate—magnesium potassium sulphate — sodium nitrate — calcium cyanamide — potassium sulphate — magnesium potassium sulphate Manufacture in which:—all the materials used are classified within a heading other than that of the product; However, materials classified within the same heading may be used, provided that their value does not exceed 20 % of the ex-works price of the product, and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product; However, materials classified within the same heading may be used, provided that their value does not exceed 20 % of the ex-works price of the product, and — the value of all the materials used does not exceed 50 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
— sodium nitrate
— calcium cyanamide
— potassium sulphate
— magnesium potassium sulphate
— all the materials used are classified within a heading other than that of the product; However, materials classified within the same heading may be used, provided that their value does not exceed 20 % of the ex-works price of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 32 Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks; except for: Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 3201 Tannins and their salts, ethers, esters and other derivatives Manufacture from tanning extracts of vegetable origin Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
3205 Colour lakes; preparations as specified in Note 3 to this Chapter based on colour lakes(10) Manufacture from materials of any heading, except headings 3203, 3204 and 3205. However, materials from heading 3205 may be used provided their value does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex Chapter 33 Essential oils and resinoids; perfumery, cosmetic or toilet preparations; except for: Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
3301 Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils Manufacture from materials of any heading, including materials of a different ‘group’(11)in this heading. However, materials of the same group may be used, provided their value does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex Chapter 34 Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster; except for: Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 3403 Lubricating preparations containing petroleum oils or oils obtained from bituminous minerals, provided they represent less than 70 % by weight Operations of refining and/or one or more specific process(es)(12)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product
3404 Artificial waxes and prepared waxes:—with a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax — with a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product
— with a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax
– other Manufacture from materials of any heading, except:—hydrogenated oils having the character of waxes of heading 1516; — hydrogenated oils having the character of waxes of heading 1516; Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
— hydrogenated oils having the character of waxes of heading 1516;
—fatty acids not chemically defined or industrial fatty alcohols having the character of waxes of heading 3823, and — fatty acids not chemically defined or industrial fatty alcohols having the character of waxes of heading 3823, and
— fatty acids not chemically defined or industrial fatty alcohols having the character of waxes of heading 3823, and
—materials of heading 3404 — materials of heading 3404
— materials of heading 3404
However, these materials may be used provided their value does not exceed 20 % of the ex-works price of the product
ex Chapter 35 Albuminoidal substances; modified starches; glues, enzymes; except for: Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
3505 Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches:
– starch ethers and esters Manufacture from materials of any heading, including other materials of heading 3505 Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
– other Manufacture from materials of any heading, except those of heading 1108 Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 3507 Prepared enzymes not elsewhere specified or included Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
Chapter 36 Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex Chapter 37 Photographic or cinematographic goods; except for: Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
3701 Photographic plates and film in the flat, sensitised, unexposed, of any material other than paper, paperboard or textiles; instant print film in the flat, sensitised, unexposed, whether or not in packs:
– Instant print film for colour photography Manufacture in which all the materials used are classified in a heading other than heading 3701 or 3702. However, materials from heading 3702 may be used provided their value does not exceed 30 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
– other Manufacture in which all the materials used are classified in a heading other than heading 3701 or 3702. However, materials from heading 3701 and 3702 may be used provided their value, taken together, does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
3702 Photographic film in rolls, sensitised, unexposed, of any material other than paper, paperboard or textiles; instant print film in rolls, sensitised, unexposed Manufacture in which all the materials used are classified within a heading other than heading 3701 or 3702 Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
3704 Photographic plates, film paper, paperboard and textiles, exposed but not developed Manufacture in which all the materials used are classified within a heading other than headings 3701 to 3704 Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex Chapter 38 Miscellaneous chemical products; except for: Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 3801 – Colloidal graphite in suspension in oil and semi-colloidal graphite; carbonaceous pastes for electrodes Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
– Graphite in paste form, being a mixture of more than 30 % of graphite by weight with mineral oils Manufacture in which the value of all the materials of heading 3403 used does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 3803 Refined tall oil Refining of crude tall oil Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 3805 Spirits of sulphate turpentine, purified Purification by distillation or refining of raw spirits of sulphate turpentine Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 3806 Ester gums Manufacture from resin acids Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 3807 Wood pitch (wood tar pitch) Distillation of wood tar Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
3808 Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulphur-treated bands, wicks and candles, and fly-papers) Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
3809 Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
3810 Pickling preparations for metal surfaces; fluxes and other auxiliary preparations for soldering, brazing or welding; soldering, brazing or welding powders and pastes consisting of metal and other materials; preparations of a kind used as cores or coatings for welding electrodes or rods Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
3811 Anti-knock preparations, oxidation inhibitors, gum inhibitors, viscosity improvers, anti-corrosive preparations and other prepared additives, for mineral oils (including gasoline) or for other liquids used for the same purposes as mineral oils:
– prepared additives for lubricating oil, containing petroleum oils or oils obtained from bituminous minerals Manufacture in which the value of all the materials of heading 3811 used does not exceed 50 % of the ex-works price of the product
– other Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
3812 Prepared rubber accelerators; compound plasticisers for rubber or plastics, not elsewhere specified or included; anti-oxidising preparations and other compound stabilizers for rubber or plastics Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
3813 Preparations and charges for fire-extinguishers; charged fire-extinguishing grenades Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
3814 Organic composite solvents and thinners, not elsewhere specified or included; prepared paint or vanish removers Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
3818 Chemical elements doped for use in electronics, in the form of discs, wafers or similar forms; chemical compounds doped for use in electronics Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
3819 Hydraulic brake fluids and other prepared liquids for hydraulic transmission, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
3820 Anti-freezing preparations and prepared de-icing fluids Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
ex 3821 Prepared culture media for maintenance of micro-organisms (including viruses and the like) or of plant, human or animal cells Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
3822 Diagnostic or laboratory reagents on a backing and prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading 3002 or 3006; certified reference materials Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
3823 Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols:
– industrial monocarboxylic fatty acids; acid oils from refining Manufacture in which all the materials used are classified within a heading other than that of the product
– industrial fatty alcohols Manufacture from materials of any heading, including other materials of heading 3823
3824 Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included:
– the following of this heading:– prepared binders for foundry moulds or cores based on natural resinous products– naphthenic acids, their water-insoluble salts and their esters– sorbitol other than that of heading 2905 Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
— petroleum sulphonates, excluding petroleum sulphonates of alkali metals, of ammonium or of ethanolamines; thiophenated sulphonic acids of oils obtained from bituminous minerals, and their salts– ion exchangers– getters for vacuum tubes
— alkaline iron oxide for the purification of gas– ammoniacal gas liquors and spent oxide produced in coal gas purification– sulphonaphthenic acids, their water-insoluble salts and their esters– fusel oil and Dippel’s oil– mixtures of salts having different anions– copying pastes with a basis of gelatin, whether or not on a paper or textile backing
– other Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
3826 Biodiesel and mixtures thereof, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
3901 to 3915 Plastics in primary forms, waste, parings and scrap of plastics; except for headings ex 3907 and 3912 for which the rules are set out below:
– addition homopolymerisation products in which a single monomer contributes more than 99 % by weight to the total polymer content Manufacture in which:—the value of all the materials used does not exceed 50 % of the ex-works price of the product, and—the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product(13) — the value of all the materials used does not exceed 50 % of the ex-works price of the product, and — the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product(13) Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
— the value of all the materials used does not exceed 50 % of the ex-works price of the product, and
— the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product(13)
– other Manufacture in which the value of all the materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product(14) Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
ex 3907 – Copolymer, made from polycarbonate and acrylonitrile-butadiene-styrene copolymers (ABS) Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used, provided their value does not exceed 50 % of the ex-works price of the product(15)
– Polyester Manufacture in which the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product and/or manufacture from polycarbonate of tetrabromo-(bisphenol A)
3912 Cellulose and its chemical derivatives, not elsewhere specified or included, in primary forms Manufacture in which the value of any materials classified in the same heading as the product does not exceed 20 % of the ex-works price of the product
3916 to 3921 Semi-manufactures and articles of plastics; except for headings ex 3916, ex 3917, ex 3920 and ex 3921, for which the rules are set out below:
– flat products, further worked than only surface-worked or cut into forms other than rectangular (including square); other products, further worked than only surface-worked—other: — other: Manufacture in which the value of any materials of Chapter 39 used does not exceed 50 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
— other:
— addition homopolymerisation products in which a single monomer contributes more than 99 % by weight to the total polymer content Manufacture in which:—the value of all the materials used does not exceed 50 % of the ex-works price of the product, and—the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product(16) — the value of all the materials used does not exceed 50 % of the ex-works price of the product, and — the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product(16) Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
— the value of all the materials used does not exceed 50 % of the ex-works price of the product, and
— the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product(16)
— other Manufacture in which the value of all the materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product(17) Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
ex 3916 and ex 3917 Profile shapes and tubes Manufacture in which:—the value of all the materials used does not exceed 50 % of the ex-works price of the product, and—the value of any materials classified within the same heading as the product does not exceed 20 % of the ex-works price of the product — the value of all the materials used does not exceed 50 % of the ex-works price of the product, and — the value of any materials classified within the same heading as the product does not exceed 20 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
— the value of all the materials used does not exceed 50 % of the ex-works price of the product, and
— the value of any materials classified within the same heading as the product does not exceed 20 % of the ex-works price of the product
ex 3920 – Ionomer sheet or film Manufacture from a thermoplastic partial salt which is a copolymer of ethylene and metacrylic acid partly neutralised with metal ions, mainly zinc and sodium Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
– Sheets of regenerated cellulose, polyamides or polyethylene Manufacture in which the value of any materials classified in the same heading as the product does not exceed 20 % of the ex-works price of the product
ex 3921 Foils of plastic, metallised Manufacture from highly transparent polyester foils with a thickness of less than 23 micron(18) Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
3922 to 3926 Articles of plastics Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
ex Chapter 40 Rubber and articles thereof; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 4001 Laminated slabs of crepe rubber for shoes Lamination of sheets of natural rubber
4005 Compounded rubber, unvulcanised, in primary forms or in plates, sheets or strip Manufacture in which the value of all the materials used, except natural rubber, does not exceed 50 % of the ex-works price of the product
4012 Retreaded or used pneumatic tyres of rubber; solid or cushion tyres, tyre treads and tyre flaps, of rubber:
– retreaded pneumatic, solid or cushion tyres, of rubber Retreading of used tyres
– other Manufacture from materials of any heading, except those of heading 4011 or 4012
ex 4017 Articles of hard rubber Manufacture from hard rubber
ex Chapter 41 Raw hides and skins (other than furskins) and leather; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 4102 Raw skins of sheep or lambs, without wool on Removal of wool from sheep or lamb skins, with wool on
4104 to 4106 Tanned or crust hides and skins, without wool or hair on, whether or not split, but not further prepared Retanning of pre-tanned leatherorManufacture in which all the materials used are classified within a heading other than that of the product
4107, 4112 and 4113 Leather further prepared after tanning or crusting, including parchment-dressed leather, without wool or hair on, whether or not split, other than leather of heading 4114 Retanning of pre-tanned leatherorManufacture in which all the materials used are classified within a heading other than that of the product
ex 4114 Patent leather and patent laminated leather; metallised leather Manufacture from leather of headings 4104 to 4107, 4112 or 4113, provided its value does not exceed 50 % of the ex-works price of the product
Chapter 42 Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut) Manufacture in which all the materials used are classified within a heading other than that of the product
ex Chapter 43 Furskins and artificial fur; manufactures thereof; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 4302 Tanned or dressed furskins, assembled:
– plates, crosses and similar forms Bleaching or dyeing, in addition to cutting and assembly of non-assembled tanned or dressed furskins
– other Manufacture from non-assembled, tanned or dressed furskins
4303 Articles of apparel, clothing accessories and other articles of furskin Manufacture from non-assembled tanned or dressed furskins of heading 4302
ex Chapter 44 Wood and articles of wood; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 4403 Wood roughly squared Manufacture from wood in the rough, whether or not stripped of its bark or merely roughed down
ex 4407 Wood sawn or chipped lengthwise, sliced or peeled, of a thickness exceeding 6 mm, planed, sanded or finger-jointed Planing, sanding or finger-jointing
ex 4408 Veneer sheets and sheets for plywood, of a thickness not exceeding 6 mm, spliced, and other wood sawn lengthwise, sliced or peeled of a thickness not exceeding 6 mm, planed, sanded or finger-jointed Splicing, planing, sanding or finger-jointing
ex 4409 Wood continuously shaped along any of its edges or faces, whether or not planed, sanded or finger-jointed:—sanded or finger-jointed — sanded or finger-jointed Sanding or finger-jointing
— sanded or finger-jointed
– beadings and mouldings Beading or moulding
ex 4410 toex 4413 Beadings and mouldings, including moulded skirting and other moulded boards Beading or moulding
ex 4415 Packing cases, boxes, crates, drums and similar packings, of wood Manufacture from boards not cut to size
ex 4416 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood Manufacture from riven staves, not further worked than sawn on the two principal surfaces
ex 4418 – Builders’ joinery and carpentry of wood Manufacture in which all the materials used are classified within a heading other than that of the product. However, cellular wood panels, shingles and shakes may be used
– Beadings and mouldings Beading or moulding
ex 4421 Match splints; wooden pegs or pins for footwear Manufacture from wood of any heading, except drawn wood of heading 4409
ex Chapter 45 Cork and articles of cork; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
4503 Articles of natural cork Manufacture from cork of heading 4501
Chapter 46 Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork Manufacture in which all the materials used are classified within a heading other than that of the product
Chapter 47 Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard Manufacture in which all the materials used are classified within a heading other than that of the product
ex Chapter 48 Paper and paperboard; articles of paper pulp, of paper or of paperboard; except for Manufacture in which all the materials used are classified within a heading other than that of the product
ex 4811 Paper and paperboard, ruled, lined or squared only Manufacture from paper-making materials of Chapter 47
4816 Carbon paper, self-copy paper and other copying or transfer papers (other than those of heading 4809), duplicator stencils and offset plates, of paper, whether or not put up in boxes Manufacture from paper-making materials of Chapter 47
4817 Envelopes, letter cards, plain postcards and correspondence cards, of paper or paperboard; boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing an assortment of paper stationery Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex 4818 Toilet paper Manufacture from paper-making materials of Chapter 47
ex 4819 Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibres Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex 4820 Letter pads Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
ex 4823 Other paper, paperboard, cellulose wadding and webs of cellulose fibres, cut to size or shape Manufacture from paper-making materials of Chapter 47
ex Chapter 49 Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
4909 Printed or illustrated postcards; printed cards bearing personal greetings, messages or announcements, whether or not illustrated, with or without envelopes or trimmings Manufacture from materials of any heading, except those of heading 4909 or 4911
4910 Calendars of any kind, printed, including calendar blocks:
– calendars of the ‘perpetual’ type or with replaceable blocks mounted on bases other than paper or paperboard Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
– other Manufacture from materials of any heading, except those of heading 4909 or 4911
ex Chapter 50 Silk; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 5003 Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), carded or combed Carding or combing of silk waste
5004 to ex 5006 Silk yarn and yarn spun from silk waste Manufacture from(19):—raw silk or silk waste carded or combed or otherwise prepared for spinning,—other natural fibres not carded or combed or otherwise prepared for spinning,—chemical materials or textile pulp, or—paper-making materials — raw silk or silk waste carded or combed or otherwise prepared for spinning, — other natural fibres not carded or combed or otherwise prepared for spinning, — chemical materials or textile pulp, or — paper-making materials
— raw silk or silk waste carded or combed or otherwise prepared for spinning,
— other natural fibres not carded or combed or otherwise prepared for spinning,
— chemical materials or textile pulp, or
— paper-making materials
5007 Woven fabrics of silk or of silk waste: Manufacture from yarn(20) 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
ex Chapter 51 Wool, fine or coarse animal hair; horsehair yarn and woven fabric; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
5106 to 5110 Yarn of wool, of fine or coarse animal hair or of horsehair Manufacture from(21):—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 — 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
— 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
5111 to 5113 Woven fabrics of wool, of fine or coarse animal hair or of horsehair: Manufacture from yarn(22) 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
ex Chapter 52 Cotton; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
5204 to 5207 Yarn and thread of cotton Manufacture from(23):—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 — 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
— 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
5208 to 5212 Woven fabrics of cotton: Manufacture from yarn(24) 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
ex Chapter 53 Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
5306 to 5308 Yarn of other vegetable textile fibres; paper yarn Manufacture from(25):—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 — 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
— 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
5309 to 5311 Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn: Manufacture from yarn(26) 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
5401 to 5406 Yarn, monofilament and thread of man-made filaments Manufacture from(27):—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 — 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
— 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
5407 and 5408 Woven fabrics of man-made filament yarn Manufacture from yarn(28) 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
5501 to 5507 Man-made staple fibres Manufacture from chemical materials or textile pulp
5508 to 5511 Sewing thread of man-made staple fibres Manufacture from(29):—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 — 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
— 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
5512 to 5516 Woven fabrics of man-made staple fibres: Manufacture from yarn(30) 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), where the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product
ex Chapter 56 Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof; except for: Manufacture from(31):—coir yarn,—natural fibres,—chemical materials or textile pulp, or—paper-making materials — coir yarn, — natural fibres, — chemical materials or textile pulp, or — paper-making materials
— coir yarn,
— natural fibres,
— chemical materials or textile pulp, or
— paper-making materials
5602 Felt, whether or not impregnated, coated, covered or laminated:
– needleloom felt Manufacture from(32):—natural fibres,—chemical materials or textile pulp — natural fibres, — chemical materials or textile pulp
— natural fibres,
— chemical materials or textile pulp
– other Manufacture from(33):—natural fibres,—man-made staple fibres, or—chemical materials or textile pulp — natural fibres, — man-made staple fibres, or — chemical materials or textile pulp
— natural fibres,
— man-made staple fibres, or
— chemical materials or textile pulp
5604 Rubber thread and cord, textile covered; textile yarn, and strip and the like of heading 5404 or 5405, impregnated, coated, covered or sheathed with rubber or plastics:
– rubber thread and cord, textile covered Manufacture from rubber thread or cord, not textile covered
– other Manufacture from(34):—natural fibres, not carded or combed or otherwise prepared for spinning;—chemical materials or textile pulp, or—paper-making materials — natural fibres, not carded or combed or otherwise prepared for spinning; — chemical materials or textile pulp, or — paper-making materials
— natural fibres, not carded or combed or otherwise prepared for spinning;
— chemical materials or textile pulp, or
— paper-making materials
5605 Metallised yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the form of thread, strip or powder or covered with metal Manufacture from(35):—natural fibres,—man-made staple fibres not carded or combed or otherwise processed for spinning,—chemical materials or textile pulp, or—paper-making materials — natural fibres, — man-made staple fibres not carded or combed or otherwise processed for spinning, — chemical materials or textile pulp, or — paper-making materials
— natural fibres,
— man-made staple fibres not carded or combed or otherwise processed for spinning,
— chemical materials or textile pulp, or
— paper-making materials
5606 Gimped yarn, and strip and the like of heading 5404 or 5405, gimped (other than those of heading 5605 and gimped horsehair yarn); chenille yarn (including flock chenille yarn); loop wale-yarn Manufacture from(36):—natural fibres,—man-made staple fibres not carded or combed or otherwise processed for spinning;—chemical materials or textile pulp, or—paper-making materials — natural fibres, — man-made staple fibres not carded or combed or otherwise processed for spinning; — chemical materials or textile pulp, or — paper-making materials
— natural fibres,
— man-made staple fibres not carded or combed or otherwise processed for spinning;
— chemical materials or textile pulp, or
— paper-making materials
Chapter 57 Carpets and other textile floor coverings:
– of needleloom felt Manufacture from(37):—natural fibres, or—chemical materials or textile pulpHowever, jute fabric may be used as a backing — natural fibres, or — chemical materials or textile pulpHowever, jute fabric may be used as a backing
— natural fibres, or
— chemical materials or textile pulpHowever, jute fabric may be used as a backing
– of other felt Manufacture from(38):—natural fibres not carded or combed or otherwise processed for spinning, or—chemical materials or textile pulp — natural fibres not carded or combed or otherwise processed for spinning, or — chemical materials or textile pulp
— natural fibres not carded or combed or otherwise processed for spinning, or
— chemical materials or textile pulp
– Other Manufacture from yarn(39)However, jute fabric may be used as a backing
ex Chapter 58 Special woven fabrics; tufted textile fabrics; tapestries; trimmings; embroidery; except for: Manufacture from yarn(40) 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
5805 Hand-woven tapestries of the type Gobelins, Flanders, Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made-up Manufacture in which all the materials used are classified within a heading other than that of the product
5810 Embroidery in the piece, in strips or in motifs Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
5901 Textile fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books or the like; tracing cloth; prepared painting canvas; buckram and similar stiffened textile fabrics of a kind used for hat foundations Manufacture from yarn
5902 Tyre cord fabric of high-tenacity yarn of nylon or other polyamides, polyesters or viscose rayon Manufacture from yarn
5903 Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902 Manufacture from yarn 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), where the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product
5904 Linoleum, whether or not cut to shape; floor coverings consisting of a coating or covering applied on a textile backing, whether or not cut to shape Manufacture from yarn(41)
5905 Textile wall coverings: Manufacture from yarn 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), where the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product
5906 Rubberised textile fabrics, other than those of heading 5902 Manufacture from yarn
5907 Textile fabrics otherwise impregnated, coated or covered; painted canvas, being theatrical scenery, studio back-cloths or the like Manufacture from yarn 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), where the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product
5908 Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric therefor, whether or not impregnated:
– incandescent gas mantles, impregnated Manufacture from tubular knitted gas mantle fabric
– Other Manufacture in which all the materials used are classified within a heading other than that of the product
5909 to 5911 Textile articles of a kind suitable for industrial use:
– Polishing discs or rings other than of felt of heading 5911 Manufacture from yarn or waste fabrics or rags of heading 6310
– Woven fabrics, of a kind commonly used in papermaking or other technical uses, felted or not, whether or not impregnated or coated, tubular or endless with single or multiple warp and/or weft, or flat woven with multiple warp and/or weft of heading 5911 Manufacture from(42):yarn
– Other Manufacture from(43):yarn
Chapter 60 Knitted or crocheted fabrics Manufacture from yarn(44)
Chapter 61 Articles of apparel and clothing accessories, knitted or crocheted:
– obtained by sewing together or otherwise assembling two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form Manufacture from fabric
– other Manufacture from yarn(45)
ex Chapter 62 Articles of apparel and clothing accessories, not knitted or crocheted; except for: Manufacture from fabric
6213 and6214 Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like:
– embroidered Manufacture from yarn(46)(47) Manufacture from unembroidered fabric, provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product(48)
– other Manufacture from yarn(49)(50) 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) where the value of 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 Manufacture from yarn(51) Manufacture from unembroidered fabric, provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product(52)
– fire-resistant equipment of fabric covered with foil of aluminised polyester Manufacture from yarn(53) Manufacture from uncoated fabric, provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product(54)
– interlinings for collars and cuffs, cut out Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex Chapter 63 Other made-up textile articles; sets; worn clothing and worn textile articles; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
6301 to 6304 Blankets, travelling rugs, bed linen, etc.; curtains etc.; other furnishing articles:
– of felt, of non-wovens Manufacture from(55):—natural fibres; or—chemical materials or textile pulp — natural fibres; or — chemical materials or textile pulp
— natural fibres; or
— chemical materials or textile pulp
– other:
— embroidered Manufacture from yarn(56)(57) Manufacture from unembroidered fabric (other than knitted or crocheted) provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product
— other Manufacture from yarn(58)(59)
6305 Sacks and bags, of a kind used for the packing of goods. Manufacture from yarn(60)
6306 Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods Manufacture from fabric
6307 Other made-up articles, including dress patterns Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
6308 Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered tablecloths or serviettes, or similar textile articles, put up in packings for retail sale Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated provided their total value does not exceed 25 % of the ex-works price of the set
ex Chapter 64 Footwear, gaiters and the like; except for: Manufacture from materials of any heading, except from assemblies of uppers affixed to inner soles or to other sole components of heading 6406
6406 Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable insoles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof Manufacture in which all the materials used are classified within a heading other than that of the product
ex Chapter 65 Headgear and parts thereof; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
6505 Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hairnets of any material, whether or not lined or trimmed Manufacture from yarn or textile fibres(61)
ex Chapter 66 Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops, and parts thereof; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
6601 Umbrellas and sun umbrellas (including walking-stick umbrellas, garden umbrellas and similar umbrellas) Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
Chapter 67 Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair Manufacture in which all the materials used are classified within a heading other than that of the product
ex Chapter 68 Articles of stone, plaster, cement, asbestos, mica or similar materials; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 6803 Articles of slate or of agglomerated slate Manufacture from worked slate
ex 6812 Articles of asbestos; articles of mixtures with a basis of asbestos or of mixtures with a basis of asbestos and magnesium carbonate Manufacture from materials of any heading
ex 6814 Articles of mica, including agglomerated or reconstituted mica, on a support of paper, paperboard or other materials Manufacture from worked mica (including agglomerated or reconstituted mica)
Chapter 69 Ceramic products Manufacture in which all the materials used are classified within a heading other than that of the product
ex Chapter 70 Glass and glassware; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 7003ex 7004 andex 7005 Glass with a non-reflecting layer Manufacture from materials of heading 7001
7006 Glass of heading 7003, 7004 or 7005, bent, edge-worked, engraved, drilled, enamelled or otherwise worked, but not framed or fitted with other materials:
– glass-plate substrates, coated with a dielectric thin film, and of a semiconductor grade in accordance with SEMII-standards(62) Manufacture from materials of heading 7006
– other Manufacture from materials of heading 7001
7007 Safety glass, consisting of toughened (tempered) or laminated glass Manufacture from materials of heading 7001
7008 Multiple-walled insulating units of glass Manufacture from materials of heading 7001
7009 Glass mirrors, whether or not framed, including rear-view mirrors Manufacture from materials of heading 7001
7010 Carboys, bottles, flasks, jars, pots, phials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass Manufacture in which all the materials used are classified within a heading other than that of the productorCutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the product
7013 Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018) Manufacture in which all the materials used are classified within a heading other than that of the productorCutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the productorHand-decoration (except silk-screen printing) of hand-blown glassware, provided that the total value of the hand-blown glassware used does not exceed 50 % of the ex-works price of the product
ex 7019 Articles (other than yarn) of glass fibres Manufacture from:—uncoloured slivers, rovings, yarn or chopped strands, or—glass wool — uncoloured slivers, rovings, yarn or chopped strands, or — glass wool
— uncoloured slivers, rovings, yarn or chopped strands, or
— glass wool
ex Chapter 71 Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 7101 Natural or cultured pearls, graded and temporarily strung for convenience of transport Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
ex 7102,ex 7103 andex 7104 Worked precious or semi-precious stones (natural, synthetic or reconstructed) Manufacture from unworked precious or semi-precious stones
7106, 7108 and 7110 Precious metals:
– unwrought Manufacture from materials not classified in heading 7106, 7108 or 7110orElectrolytic, thermal or chemical separation of precious metals of heading 7106, 7108 or 7110orAlloying of precious metals of heading 7106, 7108 or 7110 with each other or with base metals
– semi-manufactured or in powder form Manufacture from unwrought precious metals
ex 7107,ex 7109 andex 7111 Metals clad with precious metals, semi-manufactured Manufacture from metals clad with precious metals, unwrought
7116 Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed) Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
7117 Imitation jewellery Manufacture in which all the materials used are classified within a heading other than that of the productorManufacture from base metal parts, not plated or covered with precious metals, provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 72 Iron and steel; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
7207 Semi-finished products of iron or non-alloy steel Manufacture from materials of heading 7201, 7202, 7203, 7204 or 7205
7208 to 7216 Flat-rolled products, bars and rods, angles, shapes and sections of iron or non-alloy steel Manufacture from ingots or other primary forms of heading 7206
7217 Wire of iron or non-alloy steel Manufacture from semi-finished materials of heading 7207
ex 7218, 7219 to 7222 Semi-finished products, flat-rolled products, bars and rods, angles, shapes and sections of stainless steel Manufacture from ingots or other primary forms of heading 7218
7223 Wire of stainless steel Manufacture from semi-finished materials of heading 7218
ex 7224, 7225 to 7228 Semi-finished products, flat-rolled products, hot-rolled bars and rods, in irregularly wound coils; hollow drill bars and rods, of alloy or non-alloy steel Manufacture from ingots or other primary forms of heading 7206, 7218 or 7224
7229 Wire of other alloy steel Manufacture from semi-finished materials of heading 7224
ex Chapter 73 Articles of iron or steel; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 7301 Sheet piling Manufacture from materials of heading 7206
7302 Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole pates (base plates), rail clips, bedplates, ties and other material specialised for jointing or fixing rails Manufacture from materials of heading 7206
7304, 7305 and 7306 Tubes, pipes and hollow profiles, of iron (other than cast iron) or steel Manufacture from materials of heading 7206, 7207, 7218 or 7224
ex 7307 Tube or pipe fittings of stainless steel (ISO No X5CrNiMo 1712), consisting of several parts Turning, drilling, reaming, threading, deburring and sandblasting of forged blanks, the value of which does not exceed 35 % of the ex-works price of the product
7308 Structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel Manufacture in which all the materials used are classified within a heading other than that of the product. However, welded angles, shapes and sections of heading 7301 may not be used
ex 7315 Skid chain Manufacture in which the value of all the materials of heading 7315 used does not exceed 50 % of the ex-works price of the product
ex Chapter 74 Copper and articles thereof; except for: Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
7401 Copper mattes; cement copper (precipitated copper) Manufacture in which all the materials used are classified within a heading other than that of the product
7402 Unrefined copper; copper anodes for electrolytic refining Manufacture in which all the materials used are classified within a heading other than that of the product
7403 Refined copper and copper alloys, unwrought:
– refined copper Manufacture in which all the materials used are classified within a heading other than that of the product
– copper alloys and refined copper containing other elements, unwrought Manufacture from refined copper, unwrought, or waste and scrap of copper
7404 Copper waste and scrap Manufacture in which all the materials used are classified within a heading other than that of the product
7405 Master alloys of copper Manufacture in which all the materials used are classified within a heading other than that of the product
ex Chapter 75 Nickel and articles thereof; except for: Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
7501 to 7503 Nickel mattes, nickel oxide sinters and other intermediate products of nickel metallurgy; unwrought nickel; nickel waste and scrap Manufacture in which all the materials used are classified within a heading other than that of the product
ex Chapter 76 Aluminium and articles thereof; except for: Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
7601 Unwrought aluminium Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
orManufacture by thermal or electrolytic treatment from unalloyed aluminium or waste and scrap of aluminium
7602 Aluminium waste and scrap Manufacture in which all the materials used are classified within a heading other than that of the product
ex 7616 Aluminium articles other than gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, and expanded metal of aluminium Manufacture in which:—all the materials used are classified within a heading other than that of the product; However, gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, or expanded metal of aluminium may be used; and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product; However, gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, or expanded metal of aluminium may be used; and — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product; However, gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, or expanded metal of aluminium may be used; and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 77 Reserved for possible future use in the HS
ex Chapter 78 Lead and articles thereof; except for: Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
7801 Unwrought lead
– refined lead Manufacture from ‘bullion’ or ‘work’ lead
– other Manufacture in which all the materials used are classified within a heading other than that of the product. However, waste and scrap of heading 7802 may not be used
7802 Lead waste and scrap Manufacture in which all the materials used are classified within a heading other than that of the product
ex Chapter 79 Zinc and articles thereof; except for: Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
7901 Unwrought zinc Manufacture in which all the materials used are classified within a heading other than that of the product. However, waste and scrap of heading 7902 may not be used
7902 Zinc waste and scrap Manufacture in which all the materials used are classified within a heading other than that of the product
ex Chapter 80 Tin and articles thereof; except for: Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
8001 Unwrought tin Manufacture in which all the materials used are classified within a heading other than that of the product. However, waste and scrap of heading 8002 may not be used
8002 and 8007 Tin waste and scrap; other articles of tin Manufacture in which all the materials used are classified within a heading other than that of the product
Chapter 81 Other base metals; cermets; articles thereof:
– other base metals, wrought; articles thereof Manufacture in which the value of all the materials classified within the same heading as the product used does not exceed 50 % of the ex-works price of the product
– other Manufacture in which all the materials used are classified within a heading other than that of the product
ex Chapter 82 Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
8206 Tools of two or more of headings 8202 to 8205, put up in sets for retail sale Manufacture in which all the materials used are classified in a heading other than headings 8202 to 8205. However, tools of headings 8202 to 8205 may be incorporated into the set provided their value does not exceed 15 % of the ex-works price of the set
8207 Interchangeable tools for hand tools, whether or not power-operated, or for machine-tools (for example, for pressing, stamping, punching, tapping, threading, drilling, boring, broaching, milling, turning, or screwdriving), including dies for drawing or extruding metal, and rock drilling or earth boring tools Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
8208 Knives and cutting blades, for machines or for mechanical appliances Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 8211 Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208 Manufacture in which all the materials used are classified within a heading other than that of the product. However, knife blades and handles of base metal may be used
8214 Other articles of cutlery (for example, hair clippers, butchers’ or kitchen cleavers, choppers and mincing knives, paper knives); manicure or pedicure sets and instruments (including nail files) Manufacture in which all the materials used are classified within a heading other than that of the product. However, handles of base metal may be used
8215 Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware Manufacture in which all the materials used are classified within a heading other than that of the product. However, handles of base metal may be used
ex Chapter 83 Miscellaneous articles of base metal; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 8302 Other mountings, fittings and similar articles suitable for buildings, and automatic door closers Manufacture in which all the materials used are classified within a heading other than that of the product. However, the other materials of heading 8302 may be used provided their value does not exceed 20 % of the ex-works price of the product
ex 8306 Statuettes and other ornaments, of base metal Manufacture in which all the materials used are classified within a heading other than that of the product. However, the other materials of heading 8306 may be used provided their value does not exceed 30 % of the ex-works price of the product
ex Chapter 84 Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof; except for: Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 8401 Nuclear fuel elements Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the finished product
8402 Steam or other vapour generating boilers (other than central heating hot water boilers capable also of producing low pressure steam); super-heated water boilers Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
8403 and ex 8404 Central heating boilers other than those of heading 8402 and auxiliary plant for central heating boilers Manufacture in which all the materials used are classified in a heading other than heading 8403 or 8404 Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8406 Steam turbines and other vapour turbines Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8407 Spark-ignition reciprocating or rotary internal combustion piston engines Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8408 Compression-ignition internal combustion piston engines (diesel or semi-diesel engines Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8409 Parts suitable for use solely or principally with the engines of heading 8407 or 8408 Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8411 Turbo-jets, turbo-propellers and other gas turbines Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
8412 Other engines and motors Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 8413 Rotary positive displacement pumps Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 8414 Industrial fans, blowers and the like Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
8415 Air-conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8418 Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air-conditioning machines of heading 8415 Manufacture in which:—all the materials used are classified within a heading other than that of the product;—the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of the originating materials used — all the materials used are classified within a heading other than that of the product; — the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of the originating materials used Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product;
— the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of the originating materials used
ex 8419 Machines for wood, paper pulp, paper and paperboard industries Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product
8420 Calendering or other rolling machines, other than for metals or glass, and cylinders therefor Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product
8423 Weighing machinery (excluding balances of a sensitivity of 5 cg or better), including weight-operated counting or checking machines; weighing machine weights of all kinds Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
8425 to 8428 Lifting, handling, loading or unloading machinery Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, andwhere, within the above limit, the materials classified in heading 8431 are only used up to a value of 10 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, andwhere, within the above limit, the materials classified in heading 8431 are only used up to a value of 10 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, andwhere, within the above limit, the materials classified in heading 8431 are only used up to a value of 10 % of the ex-works price of the product
8429 Self-propelled bulldozers, angledozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and road rollers:
– road rollers Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
– other Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the materials classified in heading 8431 are only used up to a value of 10 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the materials classified in heading 8431 are only used up to a value of 10 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified in heading 8431 are only used up to a value of 10 % of the ex-works price of the product
8430 Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; pile-drivers and pile-extractors; snow-ploughs and snow-blowers Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the value of the materials classified within heading 8431 are only used up to a value of 10 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the value of the materials classified within heading 8431 are only used up to a value of 10 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the value of the materials classified within heading 8431 are only used up to a value of 10 % of the ex-works price of the product
ex 8431 Parts suitable for use solely or principally with road rollers Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8439 Machinery for making pulp of fibrous cellulosic material or for making or finishing paper or paperboard Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product
8441 Other machinery for making up paper pulp, paper or paperboard, including cutting machines of all kinds Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product
ex 8443 Office machines (for example, typewriters, calculating machines, automatic data processing machines, duplicating machines, stapling machines) Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
8444 to 8447 Machines of these headings for use in the textile industry Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 8448 Auxiliary machinery for use with machines of headings 8444 and 8445 Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8452 Sewing machines, other than book-sewing machines of heading 8440; furniture, bases and covers specially designed for sewing machines; sewing machine needles:
– sewing machines (lock stitch only) with heads of a weight not exceeding 16 kg without motor or 17 kg with motor Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,—where the value of all the non-originating materials used in assembling the head (without motor) does not exceed the value of the originating materials used, and—the thread tension, crochet and zigzag mechanisms used are originating — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, — where the value of all the non-originating materials used in assembling the head (without motor) does not exceed the value of the originating materials used, and — the thread tension, crochet and zigzag mechanisms used are originating
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,
— where the value of all the non-originating materials used in assembling the head (without motor) does not exceed the value of the originating materials used, and
— the thread tension, crochet and zigzag mechanisms used are originating
– other Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 8456, 8457 to 8465 and ex 8466 Machine-tools and machines and their parts and accessories of headings 8456 to 8466; except for: Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
– water-jet cutting machines;—parts and accessories of water-jet cutting machines — parts and accessories of water-jet cutting machines Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— parts and accessories of water-jet cutting machines
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
8469 to 8472 Office machines (for example, typewriters, calculating machines, automatic data processing machines, duplicating machines, stapling machines) Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8480 Moulding boxes for metal foundry; mould bases; moulding patterns; moulds for metal (other than ingot moulds), metal carbides, glass, mineral materials, rubber or plastics Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
8482 Ball or roller bearings Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
8484 Gaskets and similar joints of metal sheeting; sets or assortments of gaskets and similar joints, dissimilar in composition, put up in pouches, envelopes or similar packings; mechanical seals Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 8486 Machine tools for working any material by removal of material, by laser or other light or photon beam, ultrasonic, electrodischarge, electrochemical, electron beam, ionic-beam or plasma arc processes and parts and accessories thereof Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
– Machine tools (including presses) for working metal by bending, folding, straightening, flattening, and parts and accessories thereof Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
– Machine tools for working stone, ceramics, concrete, asbestos-cement or like mineral materials or for cold working glass and parts and accessories thereof Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
– Marking-out instruments which are pattern generating apparatus of a kind used for producing masks or reticles from photoresist coated substrates; parts and accessories thereof Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
– Moulds, injection or compression types Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
– Lifting, handling, loading or unloading machinery Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the materials classified in heading 8431 are only used up to a value of 10 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the materials classified in heading 8431 are only used up to a value of 10 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified in heading 8431 are only used up to a value of 10 % of the ex-works price of the product
8487 Machinery parts, not containing electrical connectors, insulators, coils, contacts or other electrical features, not specified or included elsewhere in this Chapter Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex Chapter 85 Electrical machinery and equipment and parts thereof; sound recorders and reproducers; television image and sound recorders and reproducers, and parts and accessories of such articles; except for: Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
8501 Electric motors and generators (excluding generating sets) Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, andwhere, within the above limit, the materials classified in heading 8503 are only used up to a value of 10 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, andwhere, within the above limit, the materials classified in heading 8503 are only used up to a value of 10 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, andwhere, within the above limit, the materials classified in heading 8503 are only used up to a value of 10 % of the ex-works price of the product
8502 Electric generating sets and rotary converters Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the materials classified within heading 8501 or 8503, taken together, are only used up to a value of 10 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the materials classified within heading 8501 or 8503, taken together, are only used up to a value of 10 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within heading 8501 or 8503, taken together, are only used up to a value of 10 % of the ex-works price of the product
ex 8504 Power supply units for automatic data-processing machines Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 8517 Other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528 Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of all the originating materials used — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of all the originating materials used Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
ex 8518 Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures; audio-frequency electric amplifiers; electric sound amplifier sets Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of all the originating materials used — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of all the originating materials used Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
8519 Sound recording or reproducing apparatus Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of all the originating materials used — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of all the originating materials used Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
8521 Video recording or reproducing apparatus Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of all the originating materials used — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of all the originating materials used Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
8522 Parts and accessories suitable for use solely or principally with the apparatus of heading 8519 or 8521 Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8523 Discs, tapes, solid-state non-volatile storage devices, ‘smart cards’ and other media for the recording of sound or of other phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of Chapter 37:
– Unrecorded discs, tapes, solid-state non-volatile storage devices and other media for the recording of sound or of other phenomena, but excluding products of Chapter 37 Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
– Recorded discs, tapes, solid-state non-volatile storage devices and other media for the recording of sound or of other phenomena, but excluding products of Chapter 37 Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the materials classified in heading 8523 are only used up to a value of 10 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the materials classified in heading 8523 are only used up to a value of 10 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified in heading 8523 are only used up to a value of 10 % of the ex-works price of the product
– Matrices and masters for the production of discs, but excluding products of Chapter 37 Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
– Proximity cards and ‘smart cards’ with two or more electronic integrated circuits Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
– ‘Smart cards’ with one electronic integrated circuit Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product
8525 Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; digital cameras and video camera recorders Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of all the originating materials used — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of all the originating materials used Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
8526 Radar apparatus, radio navigational aid apparatus and radio remote control apparatus Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of all the originating materials used — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of all the originating materials used Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
8527 Reception apparatus for radio-broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of all the originating materials used — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of all the originating materials used Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
8528 Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus:
– Monitors and projectors, not incorporating television reception apparatus, of a kind solely or principally used in an automatic data-processing system of heading 8471 Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
– Other monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of all the originating materials used — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of all the originating materials used Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
8529 Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528:
– suitable for use solely or principally with video recording or reproducing apparatus Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
– suitable for use solely or principally with monitors and projectors, not incorporating television reception apparatus, of a kind solely or principally used in an automatic data-processing system of heading 8471 Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
– Other Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of all the originating materials used — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of all the originating materials used Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
8535 Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, fuses, lightning arresters, voltage limiters, surge suppressors, plugs and other connectors, junction boxes), for a voltage exceeding 1 000  V Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, andwhere, within the above limit, the materials classified in heading 8538 are only used up to a value of 10 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, andwhere, within the above limit, the materials classified in heading 8538 are only used up to a value of 10 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, andwhere, within the above limit, the materials classified in heading 8538 are only used up to a value of 10 % of the ex-works price of the product
8536 Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp holders and other connectors, junction boxes), for a voltage not exceeding 1 000  V; connectors for optical fibres, optical fibre bundles or cables:
– Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits for a voltage not exceeding 1 000  V Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the materials classified in heading 8538 are only used up to a value of 10 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the materials classified in heading 8538 are only used up to a value of 10 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified in heading 8538 are only used up to a value of 10 % of the ex-works price of the product
– Connectors for optical fibres, optical fibre bundles or cables:
— of plastics Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
— of ceramics Manufacture in which all the materials used are classified within a heading other than that of the product
— of copper Manufacture in which:—all the materials used are classified within a heading other than that of the product;—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product; — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product;
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
8537 Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of Chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517 Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the materials classified in heading 8538 are only used up to a value of 10 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the materials classified in heading 8538 are only used up to a value of 10 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified in heading 8538 are only used up to a value of 10 % of the ex-works price of the product
ex 8541 Diodes, transistors and similar semi-conductor devices, except wafers not yet cut into chips Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
8542 Electronic integrated circuits:
– monolithic integrated circuits Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product
– multichips which are parts of machinery or apparatus, not specified or included elsewhere in this Chapter Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
– other Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product
8544 Insulated (including enamelled or anodised) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8545 Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8546 Electrical insulators of any material Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8547 Insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating material apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly, other than insulators of heading 8546; electrical conduit tubing and joints therefor, of base metal lined with insulating material Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8548 Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified or included elsewhere in this chapter:
– Electronic microassemblies Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product
– Other Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex Chapter 86 Railway or tramway locomotives, rolling-stock and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds; except for: Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8608 Railway or tramway track fixtures and fittings; mechanical (including electromechanical) signalling, safety or traffic control equipment for railways, tramways, roads, inland waterways, parking facilities, port installations or airfields; parts of the foregoing Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex Chapter 87 Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof; except for: Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8709 Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms; parts of the foregoing vehicles Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
8710 Tanks and other armoured fighting vehicles, motorised, whether or not fitted with weapons, and parts of such vehicles Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
8711 Motor-cycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars:
– with reciprocating internal combustion piston engine of a cylinder capacity:
— not exceeding 50 cc Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of all the originating materials used — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of all the originating materials used Manufacture in which the value of all the materials used does not exceed 20 % of the ex-works price of the products
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— exceeding 50 cc Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of all the originating materials used — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of all the originating materials used Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
– other Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of all the originating materials used — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of all the originating materials used Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
ex 8712 Bicycles without ball bearings Manufacture from materials of any heading, except those of heading 8714 Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
8715 Baby carriages and parts thereof Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
8716 Trailers and semi-trailers; other vehicles, not mechanically propelled; parts thereof Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex Chapter 88 Aircraft, spacecraft, and parts thereof; except for: Manufacture in which all the materials used are classified within a heading other than that of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 8804 Rotochutes Manufacture from materials of any heading, including other materials of heading 8804 Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8805 Aircraft launching gear; deck-arrestor or similar gear; ground flying trainers; parts of the foregoing articles. Manufacture in which all the materials used are classified within a heading other than that of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
Chapter 89 Ships, boats and floating structures Manufacture in which all the materials used are classified within a heading other than that of the product. However, hulls of heading 8906 may not be used Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex Chapter 90 Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof; except for: Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
9001 Optical fibres and optical fibre bundles; optical fibre cables other than those of heading 8544; sheets and plates of polarising material; lenses (including contact lenses), prisms, mirrors and other optical elements, of any material, unmounted, other than such elements of glass not optically worked Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
9002 Lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other than such elements of glass not optically worked Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
9004 Spectacles, goggles and the like, corrective, protective or other Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 9005 Binoculars, monoculars, other optical telescopes, and mountings therefor Manufacture in which:—all the materials used are classified within a heading other than that of the product;—the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of the originating materials used — all the materials used are classified within a heading other than that of the product; — the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of the originating materials used Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product;
— the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of the originating materials used
ex 9006 Photographic (other than cinematographic) cameras; photographic flashlight apparatus and flashbulbs other than electrically ignited flashbulbs Manufacture in which:—all the materials used are classified within a heading other than that of the product;—the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of the originating materials used — all the materials used are classified within a heading other than that of the product; — the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of the originating materials used Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product;
— the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of the originating materials used
9007 Cinematographic cameras and projectors, whether or not incorporating sound recording or reproducing apparatus Manufacture in which:—all the materials used are classified within a heading other than that of the product;—the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of the originating materials used — all the materials used are classified within a heading other than that of the product; — the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of the originating materials used Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product;
— the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of the originating materials used
9011 Compound optical microscopes, including those for photomicrography, cinephotomicrography or microprojection Manufacture in which:—all the materials used are classified within a heading other than that of the product;—the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of the originating materials used — all the materials used are classified within a heading other than that of the product; — the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of the originating materials used Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product;
— the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of the originating materials used
ex 9014 Other navigational instruments and appliances Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
9015 Surveying (including photogrammetrical surveying), hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
9016 Balances of a sensitivity of 5 cg or better, with or without weights Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
9017 Drawing, marking-out or mathematical calculating instruments (for example, drafting machines, pantographs, protractors, drawing sets, slide rules, disc calculators); instruments for measuring length, for use in the hand (for example, measuring rods and tapes, micrometers, callipers), not specified or included elsewhere in this Chapter Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
9018 Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electromedical apparatus and sight-testing instruments:
– Dentists’ chairs incorporating dental appliances Manufacture from materials of any heading, including other materials of heading 9018 Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
– Other Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
9019 Mechano-therapy appliances; massage apparatus; psychological aptitude-testing apparatus; ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
9020 Other breathing appliances and gas masks, excluding protective masks having neither mechanical parts nor replaceable filters Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
9024 Machines and appliances for testing the hardness, strength, compressibility, elasticity or other mechanical properties of materials (for example, metals, wood, textiles, paper, plastics) Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
9025 Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
9026 Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading 9014, 9015, 9028 or 9032 Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
9027 Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
9028 Gas, liquid or electricity supply or production meters, including calibrating meters therefor:
– Parts and accessories Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
– Other Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of all the originating materials used — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of all the originating materials used Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
9029 Revolution counters, production counters, taximeters, milometers, pedometers and the like; speed indicators and tachometers, other than those of heading 9014 or 9015; stroboscopes Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
9030 Oscilloscopes, spectrum analysers and other instruments and apparatus for measuring or checking electrical quantities; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionising radiations Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
9031 Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this Chapter; profile projectors Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
9032 Automatic regulating or controlling instruments and apparatus Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
9033 Parts and accessories (not specified or included elsewhere in this Chapter) for machines, appliances, instruments or apparatus of Chapter 90 Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex Chapter 91 Clocks and watches and parts thereof; except for: Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
9105 Other clocks Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of all the originating materials used — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of all the originating materials used Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
9109 Clock movements, complete and assembled Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—the value of all the non-originating materials used does not exceed the value of all the originating materials used — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — the value of all the non-originating materials used does not exceed the value of all the originating materials used Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
9110 Complete watch or clock movements, unassembled or partly assembled (movement sets); incomplete watch or clock movements, assembled; rough watch or clock movements Manufacture:—in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and—where, within the above limit, the materials classified in heading 9114 are only used up to a value of 10 % of the ex-works price of the product — in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and — where, within the above limit, the materials classified in heading 9114 are only used up to a value of 10 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified in heading 9114 are only used up to a value of 10 % of the ex-works price of the product
9111 Watch cases and parts thereof Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
9112 Clock cases and cases of a similar type for other goods of this Chapter, and parts thereof Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 40 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 40 % of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
9113 Watch straps, watch bands and watch bracelets, and parts thereof:
– of base metal, whether or not gold- or silver-plated, or of metal clad with precious metal Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
– Other Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
Chapter 92 Musical instruments; parts and accessories of such articles Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
Chapter 93 Arms and ammunition; parts and accessories thereof Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
ex Chapter 94 Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings; except for: Manufacture in which all the materials used are classified within a heading other than that of the product Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 9401 and ex 9403 Base metal furniture, incorporating unstuffed cotton cloth of a weight of 300 g/m2or less Manufacture in which all the materials used are classified within a heading other than that of the productormanufacture from cotton cloth already made up in a form ready for use of heading 9401 or 9403, provided: Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
—its value does not exceed 25 % of the ex-works price of the product, and—all the other materials used are originating and are classified in a heading other than heading 9401 or 9403 — its value does not exceed 25 % of the ex-works price of the product, and — all the other materials used are originating and are classified in a heading other than heading 9401 or 9403
— its value does not exceed 25 % of the ex-works price of the product, and
— all the other materials used are originating and are classified in a heading other than heading 9401 or 9403
9405 Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
9406 Prefabricated buildings Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
ex Chapter 95 Toys, games and sports requisites; parts and accessories thereof; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 9503 Other toys; reduced-size (‘scale’) models and similar recreational models, working or not; puzzles of all kinds Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex 9506 Golf clubs and parts thereof Manufacture in which all the materials used are classified within a heading other than that of the product. However, roughly-shaped blocks for making golf-club heads may be used
ex Chapter 96 Miscellaneous manufactured articles; except for: Manufacture in which all the materials used are classified within a heading other than that of the product
ex 9601 and ex 9602 Articles of animal, vegetable or mineral carving materials Manufacture from ‘worked’ carving materials of the same heading
ex 9603 Brooms and brushes, (except for besoms and the like and brushes made from marten or squirrel hair), hand-operated mechanical floor sweepers, not motorised, paint pads and rollers; squeegees (other than roller squeegees). Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products
9605 Travel sets for personal toilet, sewing or shoe or clothes cleaning Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated provided their total value does not exceed 15 % of the ex-works price of the set
9606 Buttons, press-fasteners, snap-fasteners and press-studs, button moulds and other parts of these articles; button blanks Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
9608 Ball-point pens; felt-tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating stylos; propelling or sliding pencils; pen-holders, pencil-holders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading 9609 Manufacture in which all the materials used are classified within a heading other than that of the product.However, nibs or nib-points classified within the same heading may be used
9612 Typewriter or similar ribbons, inked or otherwise prepared for giving impressions, whether or not on spools or in cartridges; ink-pads, whether or not inked, with or without boxes Manufacture in which:—all the materials used are classified within a heading other than that of the product, and—the value of all the materials used does not exceed 50 % of the ex-works price of the product — all the materials used are classified within a heading other than that of the product, and — the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex 9613 Lighters with piezo-igniter Manufacture in which the value of all the materials of heading 9613 used does not exceed 30 % of the ex-works price of the product
ex 9614 Smoking pipes and pipe bowls Manufacture from roughly shaped blocks
Chapter 97 Works of art, collectors’ pieces and antiques Manufacture in which all the materials used are classified within a heading other than that of the product
— all the materials of Chapter 4 used must be wholly obtained,
— any fruit juice (expect those of pineapple, lime or grapefruit) of heading 2009 used must already be originating, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials of Chapter 6 used must be wholly obtained;
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the fruit and nuts used must be wholly obtained; and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials of Chapter 2 used must be wholly obtained;
— all the vegetable materials used must be wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used
— all the materials of Chapters 2 and 4 used must be wholly obtained; and
— all the vegetable materials used must be wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used
— all the materials used are classified within a heading other than that of the product, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all cereals and derivatives (except durum wheat and its derivatives) used must be wholly obtained; and
— all the materials of Chapters 2 and 3 used must be wholly obtained
— from materials of any heading, except those of heading 1806,
— in which all the cereals and flour (except durum wheat and its derivates and Zea indurata maize) used must be wholly obtained; and
— in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— all the chicory used must be wholly obtained
— all the materials used are classified within a heading other than that of the product, and
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— all the grapes or any materials derived from grapes used must be wholly obtained
— all the materials used are classified within a heading other than that of the product;
— the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product; and
— any fruit juice used (except for pineapple, lime and grapefruit) must already be originating
— in which all the grapes or materials derived from grapes used must be wholly obtained or, if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume
— in which all the grapes or materials derived from grapes used must be wholly obtained or, if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume
— all the cereals, sugar or molasses, meat or milk used must already be originating; and
— all the materials of Chapter 3 used must be wholly obtained
— all the materials used are classified within a heading other than that of the product; However, materials of heading 3003 or 3004 may be used provided their value, taken together, does not exceed 20 % of the ex-works price of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— sodium nitrate
— calcium cyanamide
— potassium sulphate
— magnesium potassium sulphate
— all the materials used are classified within a heading other than that of the product; However, materials classified within the same heading may be used, provided that their value does not exceed 20 % of the ex-works price of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— with a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax
— hydrogenated oils having the character of waxes of heading 1516;
— fatty acids not chemically defined or industrial fatty alcohols having the character of waxes of heading 3823, and
— materials of heading 3404
— the value of all the materials used does not exceed 50 % of the ex-works price of the product, and
— the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product(13)
— other:
— the value of all the materials used does not exceed 50 % of the ex-works price of the product, and
— the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product(16)
— the value of all the materials used does not exceed 50 % of the ex-works price of the product, and
— the value of any materials classified within the same heading as the product does not exceed 20 % of the ex-works price of the product
— sanded or finger-jointed
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— raw silk or silk waste carded or combed or otherwise prepared for spinning,
— other natural fibres not carded or combed or otherwise prepared for spinning,
— chemical materials or textile pulp, or
— paper-making materials
— 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
— 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
— 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
— 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
— 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
— coir yarn,
— natural fibres,
— chemical materials or textile pulp, or
— paper-making materials
— natural fibres,
— chemical materials or textile pulp
— natural fibres,
— man-made staple fibres, or
— chemical materials or textile pulp
— natural fibres, not carded or combed or otherwise prepared for spinning;
— chemical materials or textile pulp, or
— paper-making materials
— natural fibres,
— man-made staple fibres not carded or combed or otherwise processed for spinning,
— chemical materials or textile pulp, or
— paper-making materials
— natural fibres,
— man-made staple fibres not carded or combed or otherwise processed for spinning;
— chemical materials or textile pulp, or
— paper-making materials
— natural fibres, or
— chemical materials or textile pulpHowever, jute fabric may be used as a backing
— natural fibres not carded or combed or otherwise processed for spinning, or
— chemical materials or textile pulp
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— natural fibres; or
— chemical materials or textile pulp
— uncoloured slivers, rovings, yarn or chopped strands, or
— glass wool
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product; However, gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, or expanded metal of aluminium may be used; and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product;
— the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of the originating materials used
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, andwhere, within the above limit, the materials classified in heading 8431 are only used up to a value of 10 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified in heading 8431 are only used up to a value of 10 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the value of the materials classified within heading 8431 are only used up to a value of 10 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,
— where the value of all the non-originating materials used in assembling the head (without motor) does not exceed the value of the originating materials used, and
— the thread tension, crochet and zigzag mechanisms used are originating
— parts and accessories of water-jet cutting machines
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified in heading 8431 are only used up to a value of 10 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, andwhere, within the above limit, the materials classified in heading 8503 are only used up to a value of 10 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within heading 8501 or 8503, taken together, are only used up to a value of 10 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified in heading 8523 are only used up to a value of 10 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, andwhere, within the above limit, the materials classified in heading 8538 are only used up to a value of 10 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified in heading 8538 are only used up to a value of 10 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product;
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified in heading 8538 are only used up to a value of 10 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product;
— the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of the originating materials used
— all the materials used are classified within a heading other than that of the product;
— the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of the originating materials used
— all the materials used are classified within a heading other than that of the product;
— the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of the originating materials used
— all the materials used are classified within a heading other than that of the product;
— the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of the originating materials used
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— the value of all the non-originating materials used does not exceed the value of all the originating materials used
— in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
— where, within the above limit, the materials classified in heading 9114 are only used up to a value of 10 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 40 % of the ex-works price of the product
— its value does not exceed 25 % of the ex-works price of the product, and
— all the other materials used are originating and are classified in a heading other than heading 9401 or 9403
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
— all the materials used are classified within a heading other than that of the product, and
— the value of all the materials used does not exceed 50 % of the ex-works price of the product
1. For the products listed in the table below, the following rules may also apply instead of the rules set out in Annex II.
2. A proof of origin issued or made out pursuant to this Annex shall bear the following entry in English or in French:‘Derogation – Annex II A to Protocol … – Materials of HS heading No … originating from … used.’‘Dérogation – Annexe II A du protocole … – Matières de la position du SH no… originaires de … utilisées.’This entry shall be recorded in box 7 of the movement certificates EUR.1 referred to in Article 19 of this Protocol, or shall be added to the origin declaration referred to in Article 22 of this Protocol.
3. The Central African States that are signatories to the Agreement and the Member States of the European Union shall each take the steps necessary to implement this Annex.
HS heading Product description Special derogation concerning working or processing carried out on non-originating materials that confers originating status
Chapter 2 Meat and edible meat offal All meat and edible offal must be wholly obtained
Chapter 4 Dairy produce; birds’ eggs, natural honey, edible products of animal origin, not elsewhere specified or included Manufacture in which:—all the materials of Chapter 4 used are wholly obtained—the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product — all the materials of Chapter 4 used are wholly obtained — the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
— all the materials of Chapter 4 used are wholly obtained
— the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
Chapter 6 Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage Manufacture in which all the materials of Chapter 6 used are wholly obtainedorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
0812 – 0814 Fruit and nuts, provisionally preserved; fruit, dried, other than that of headings 0801 to 0806;peel of citrus fruits or melons Manufacture in which the content of materials of Chapter 8 used does not exceed 30 % of the weight of the final product
Chapter 9 Coffee, tea, maté and spices Manufacture from materials of any heading
1101 – 1104 Grain mill products Manufacture from materials of Chapter 10, except rice of heading 1006
1105 – 1109 Flour, meal, powder, flakes of potatoes, etc.; starches; inulin; wheat gluten Manufacture in which the content of non-originating materials does not exceed 20 % by weightorManufacture from materials of Chapter 10, except materials of heading 1006, in which the materials of heading 0710 and of subheading 0710 10 used are wholly obtained
Chapter 12 Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder Manufacture from materials of any heading except that of the product
1301 Lac; natural gums, resins, gum-resins and oleoresins (for example, balsams) Manufacture from materials of any heading
1302 Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:—Mucilages and thickeners, modified, derived from vegetable products — Mucilages and thickeners, modified, derived from vegetable products Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
— Mucilages and thickeners, modified, derived from vegetable products
1506 Other animal fats and oils and their fractions, whether or not refined, but not chemically modified Manufacture from materials of any heading except that of the product
ex 1507 to ex 1515 Vegetable oils and their fractions:—Soya-bean, ground-nut, palm, coconut (copra), palm kernel, babassu, tung and oiticica oil, myrtle wax and Japan wax, fractions of jojoba oil and oils for technical or industrial uses other than the manufacture of foodstuffs for human consumption, except olive oils of headings 1509 and 1510 — Soya-bean, ground-nut, palm, coconut (copra), palm kernel, babassu, tung and oiticica oil, myrtle wax and Japan wax, fractions of jojoba oil and oils for technical or industrial uses other than the manufacture of foodstuffs for human consumption, except olive oils of headings 1509 and 1510 Manufacture from materials of any subheading except that of the product
— Soya-bean, ground-nut, palm, coconut (copra), palm kernel, babassu, tung and oiticica oil, myrtle wax and Japan wax, fractions of jojoba oil and oils for technical or industrial uses other than the manufacture of foodstuffs for human consumption, except olive oils of headings 1509 and 1510
1516 Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared Manufacture from materials classified in a heading other than that of the product
Chapter 18 Cocoa and cocoa preparations Manufacture:—from materials of any heading except that of the product—in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product — from materials of any heading except that of the product — in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
— from materials of any heading except that of the product
— in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
1901 Food preparations of flour, groats, meal, starch or malt extract, not containing cocoa in more than 40 % by weight calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of heading 0401 to 0404, containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included Manufacture:—from materials of any heading except that of the product—in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product — from materials of any heading except that of the product — in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
— from materials of any heading except that of the product
— in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
1902 Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared Manufacture in which:—the content of materials of Chapter 11 used does not exceed 20 % by weight—the weight of the materials of Chapters 2 and 3 used does not exceed 20 % of the weight of the final product — the content of materials of Chapter 11 used does not exceed 20 % by weight — the weight of the materials of Chapters 2 and 3 used does not exceed 20 % of the weight of the final product
— the content of materials of Chapter 11 used does not exceed 20 % by weight
— the weight of the materials of Chapters 2 and 3 used does not exceed 20 % of the weight of the final product
1903 Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms:—with a content of materials of heading 1108 13 (potato starch) not more than 30 % by weight — with a content of materials of heading 1108 13 (potato starch) not more than 30 % by weight Manufacture from materials of any heading except that of the product
— with a content of materials of heading 1108 13 (potato starch) not more than 30 % by weight
1904 Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals other than maize (corn) in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included Manufacture:—from materials of any heading, except those of heading 1806—in which the content of materials of Chapter 11 used does not exceed 20 % by weight—in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product — from materials of any heading, except those of heading 1806 — in which the content of materials of Chapter 11 used does not exceed 20 % by weight — in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
— from materials of any heading, except those of heading 1806
— in which the content of materials of Chapter 11 used does not exceed 20 % by weight
— in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
1905 Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products Manufacture in which the content of materials of Chapter 11 used does not exceed 20 % by weight
ex Chapter 20 Preparations of vegetables, fruit, nuts or other parts of plants:from materials other than of headings 2002 and 2003 Manufacture:—from materials of any heading except that of the product—in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final productorManufacture:—in which the value of all the materials used does not exceed 70 % of the ex-works price of the product—in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product — from materials of any heading except that of the product — in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product — in which the value of all the materials used does not exceed 70 % of the ex-works price of the product — in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
— from materials of any heading except that of the product
— in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
— in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
— in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
Chapter 21 Miscellaneous edible preparations Manufacture:—from materials of any heading except that of the product—in which the content of materials of Chapters 4 and 17 used does not exceed 40 % of the weight of the final productorManufacture:—in which the value of all the materials used does not exceed 70 % of the ex-works price of the product—in which the content of materials of Chapters 4 and 17 used does not exceed 40 % of the weight of the final product — from materials of any heading except that of the product — in which the content of materials of Chapters 4 and 17 used does not exceed 40 % of the weight of the final product — in which the value of all the materials used does not exceed 70 % of the ex-works price of the product — in which the content of materials of Chapters 4 and 17 used does not exceed 40 % of the weight of the final product
— from materials of any heading except that of the product
— in which the content of materials of Chapters 4 and 17 used does not exceed 40 % of the weight of the final product
— in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
— in which the content of materials of Chapters 4 and 17 used does not exceed 40 % of the weight of the final product
Chapter 23 Residues and waste from the food industries; prepared animal fodder Manufacture:—from materials of any heading except that of the product—in which the maize (corn) content or the content of materials of Chapters 2, 4 and 17 used does not exceed 40 % of the weight of the final productorManufacture:—in which the value of all the materials used does not exceed 70 % of the ex-works price of the product—in which the maize (corn) content or the content of materials of Chapters 2, 4 and 17 used does not exceed 40 % of the weight of the final product — from materials of any heading except that of the product — in which the maize (corn) content or the content of materials of Chapters 2, 4 and 17 used does not exceed 40 % of the weight of the final product — in which the value of all the materials used does not exceed 70 % of the ex-works price of the product — in which the maize (corn) content or the content of materials of Chapters 2, 4 and 17 used does not exceed 40 % of the weight of the final product
— from materials of any heading except that of the product
— in which the maize (corn) content or the content of materials of Chapters 2, 4 and 17 used does not exceed 40 % of the weight of the final product
— in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
— in which the maize (corn) content or the content of materials of Chapters 2, 4 and 17 used does not exceed 40 % of the weight of the final product
Chapter 32 Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks Manufacture in which all the materials used are classified in a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
Chapter 33 Essential oils and resinoids; perfumery, cosmetic or toilet preparations Manufacture in which all the materials used are classified in a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
ex Chapter 34 Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster; except: Manufacture in which all the materials used are classified in a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex 3404 Artificial waxes and prepared waxes:—with a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax — with a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax Manufacture from materials of any heading
— with a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax
Chapter 35 Albuminoidal substances; modified starches; glues; enzymes Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
Chapter 36 Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
Chapter 37 Photographic or cinematographic goods; Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
Chapter 38 Miscellaneous chemical products Manufacture in which all the materials used are classified in a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
ex 3922 to 3926 Articles of plastics Manufacture in which all the materials used are classified in a heading other than that of the product
ex Chapter 41 Raw hides and skins (other than furskins) and leather Manufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
4101 – 4103 Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not dehaired or split; raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not with wool on or split, other than those excluded by Note 1(c) to Chapter 41; other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not dehaired or split, other than those excluded by Notes 1(b) or 1(c) to Chapter 41 Manufacture from materials of any heading
4104 – 4106 Tanned or crust hides and skins, without wool or hair on, whether or not split, but not further prepared Retanning of pre-tanned leather
Chapter 42 Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut) Manufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
Chapter 46 Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork Manufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
Chapter 48 Paper and paperboard; articles of paper pulp, of paper or of paperboard Manufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
ex 6117 Other made-up clothing accessories; knitted or crocheted parts of garments or of clothing accessories Spinning of natural and/or man-made staple fibres, or extrusion of man-made filament yarn, accompanied by knitting (knitted-to-shape products)orDyeing of yarn of natural fibres accompanied by knitting (knitted-to-shape products)
6213 and 6214 Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like:—Embroidered—Other — Embroidered — Other Weaving accompanied by making-up (including cutting)orManufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the productorMaking-up preceded 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 the unprinted fabric used does not exceed 47.5 % of the ex-works price of the productWeaving accompanied by making-up (including cutting)orMaking-up preceded by printing accompanied by at least two preparatory 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
— Embroidered
— Other
6307 Other made-up articles, including dress patterns Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
6308 Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered tablecloths or serviettes, or similar textile articles, put up in packings for retail sale Each item of the set must satisfy the rule which would apply to it if it were not included in the set. However, the value of the non-originating articles must not exceed 35 % of the ex-works price of the set
ex Chapter 64 Footwear, gaiters and the like Manufacture from materials of any heading, except from assemblies of uppers affixed to inner soles or to other sole components
Chapter 69 Ceramic products Manufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 71 Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin; except for: Manufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
7106, 7108 and 7110 Precious metals:—Unwrought—Semi-manufactured or in powder form — Unwrought — Semi-manufactured or in powder form Manufacture from materials of any heading, except those of headings 7106, 7108 and 7110orElectrolytic, thermal or chemical separation of precious metals of heading 7106, 7108 or 7110orFusion and/or alloying of precious metals of heading 7106, 7108 or 7110 with each other or with base metalsManufacture from unwrought precious metals
— Unwrought
— Semi-manufactured or in powder form
7115 Other articles of precious metal or of metal clad with precious metal Manufacture from materials of any heading except that of the product
Chapter 83 Miscellaneous articles of base metal Manufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex 8302 Other mountings, fittings and similar articles suitable for buildings, and automatic door closers Manufacture in which all the materials used are classified in a heading other than that of the product. However, the other materials of heading 8302 may be used provided their value does not exceed 30 % of the ex-works price of the product
ex 8306 Statuettes and other ornaments, of base metal Manufacture in which all the materials used are classified in a heading other than that of the product. However, the other materials of heading 8306 may be used provided their value does not exceed 40 % of the ex-works price of the product
Chapter 84 Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof Manufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 85 Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 87 Vehicles other than railway or tramway rolling stock, and parts and accessories thereof Manufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 94 Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings Manufacture in which all the materials used are classified in a heading other than that of the productorManufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
— all the materials of Chapter 4 used are wholly obtained
— the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
— Mucilages and thickeners, modified, derived from vegetable products
— Soya-bean, ground-nut, palm, coconut (copra), palm kernel, babassu, tung and oiticica oil, myrtle wax and Japan wax, fractions of jojoba oil and oils for technical or industrial uses other than the manufacture of foodstuffs for human consumption, except olive oils of headings 1509 and 1510
— from materials of any heading except that of the product
— in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
— from materials of any heading except that of the product
— in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
— the content of materials of Chapter 11 used does not exceed 20 % by weight
— the weight of the materials of Chapters 2 and 3 used does not exceed 20 % of the weight of the final product
— with a content of materials of heading 1108 13 (potato starch) not more than 30 % by weight
— from materials of any heading, except those of heading 1806
— in which the content of materials of Chapter 11 used does not exceed 20 % by weight
— in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
— from materials of any heading except that of the product
— in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
— in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
— in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
— from materials of any heading except that of the product
— in which the content of materials of Chapters 4 and 17 used does not exceed 40 % of the weight of the final product
— in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
— in which the content of materials of Chapters 4 and 17 used does not exceed 40 % of the weight of the final product
— from materials of any heading except that of the product
— in which the maize (corn) content or the content of materials of Chapters 2, 4 and 17 used does not exceed 40 % of the weight of the final product
— in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
— in which the maize (corn) content or the content of materials of Chapters 2, 4 and 17 used does not exceed 40 % of the weight of the final product
— with a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax
— Embroidered
— Other
— Unwrought
— Semi-manufactured or in powder form
— it must be indicated in box 2 of the certificate that the certificate is used in preferential trade between the European Union and the Central Africa Party. The name of the Central African State concerned may be added in brackets after ‘Central Africa’;
— either ‘European Union’ or ‘Central Africa’ must be indicated in boxes 4 and 5 of the certificate. The name of the Central African State concerned acceding to this Agreement may be added in brackets after ‘Central Africa’.
(1) When the origin declaration is made out by an exporter within the meaning of Article 22(1)(a) and (b) of this Protocol, the authorisation or identification number of that exporter must be entered in this space. When the origin declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
(2) Origin of products to be indicated. Where the origin declaration relates, in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 41 of this Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’.
(3) These indications may be omitted if the information is contained on the document itself.
(4) See Article 22(4) of this Protocol. In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.
(1) —If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows: ‘… listed on this invoice and marked … were produced …’;—If a document other than an invoice or an annex to the invoice is used (see Article 27(5) of this Protocol), the name of the document concerned shall be mentioned instead of the word ‘invoice’. — If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows: ‘… listed on this invoice and marked … were produced …’; — If a document other than an invoice or an annex to the invoice is used (see Article 27(5) of this Protocol), the name of the document concerned shall be mentioned instead of the word ‘invoice’.
— If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows: ‘… listed on this invoice and marked … were produced …’;
— If a document other than an invoice or an annex to the invoice is used (see Article 27(5) of this Protocol), the name of the document concerned shall be mentioned instead of the word ‘invoice’.
— If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows: ‘… listed on this invoice and marked … were produced …’;
— If a document other than an invoice or an annex to the invoice is used (see Article 27(5) of this Protocol), the name of the document concerned shall be mentioned instead of the word ‘invoice’.
(2) The European Union, a Member State of the European Union, a Central African State, an OCT or another ACP State having applied an EPA at least on a provisional basis. Where a Central African State, an OCT or another ACP State having applied an EPA at least on a provisional basis is given, reference must also be made to the EU customs office holding any relevant movement certificate(s) EUR.1 or EUR.2, giving the reference number(s) of the certificate(s) or form(s) concerned and, if possible, the relevant customs entry number.
(3) Place and date.
(4) Name and function in company.
(5) Signature.
…(3) …(4)
…(5)
…
…(6)
…(7) …(8)
…(9)
(1) —If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows: ‘… listed on this invoice and marked … were produced …’.—If a document other than an invoice or an annex to the invoice is used (see Article 27(5) of the Protocol), the name of the document concerned should be mentioned instead of the word ‘invoice’. — If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows: ‘… listed on this invoice and marked … were produced …’. — If a document other than an invoice or an annex to the invoice is used (see Article 27(5) of the Protocol), the name of the document concerned should be mentioned instead of the word ‘invoice’.
— If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows: ‘… listed on this invoice and marked … were produced …’.
— If a document other than an invoice or an annex to the invoice is used (see Article 27(5) of the Protocol), the name of the document concerned should be mentioned instead of the word ‘invoice’.
— If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows: ‘… listed on this invoice and marked … were produced …’.
— If a document other than an invoice or an annex to the invoice is used (see Article 27(5) of the Protocol), the name of the document concerned should be mentioned instead of the word ‘invoice’.
(2) The European Union, a Member State of the European Union, a Central African State, an OCT or another ACP State having applied an EPA at least on a provisional basis.
(3) A description of the product is to be given in all cases. The description must be adequate and should be sufficiently detailed to allow the tariff classification of the goods concerned to be determined.
(4) Customs values to be given only if required.
(5) Country of origin to be given only if required. The origin to be given must be a preferential origin, all other origins should be given as ‘third country’.
(6) Add the following: ‘and have undergone the following processing in [the European Union] [European Union Member State] [a Central African State] [an OCT] [another ACP State having applied an EPA at least on a provisional basis]’, along with a description of the processing carried out if this information is required.
(7) Place and date.
(8) Name and function in company.
(9) Signature.
1.Commercial description of the finished product1.1.Customs classification (HS heading) 1. Commercial description of the finished product 1.1. Customs classification (HS heading) 2.Anticipated annual quantity of exports to the European Union (weight, number of pieces, metres or other unit) 2. Anticipated annual quantity of exports to the European Union (weight, number of pieces, metres or other unit)
1. Commercial description of the finished product
1.1. Customs classification (HS heading)
2. Anticipated annual quantity of exports to the European Union (weight, number of pieces, metres or other unit)
3.Commercial description of third country materialsCustoms classification (HS heading) 3. Commercial description of third country materialsCustoms classification (HS heading) 4.Anticipated annual quantity of third country materials to be used 4. Anticipated annual quantity of third country materials to be used
3. Commercial description of third country materialsCustoms classification (HS heading)
4. Anticipated annual quantity of third country materials to be used
5.Value of third country materials 5. Value of third country materials 6.Ex-works value of finished product 6. Ex-works value of finished product
5. Value of third country materials
6. Ex-works value of finished product
7.Origin of third country materials 7. Origin of third country materials 8.Reasons why the rule of origin for the finished product cannot be fulfilled 8. Reasons why the rule of origin for the finished product cannot be fulfilled
7. Origin of third country materials
8. Reasons why the rule of origin for the finished product cannot be fulfilled
9.Commercial description of materials originating in the countries or territories referred to in Article 6 of this Protocol to be used 9. Commercial description of materials originating in the countries or territories referred to in Article 6 of this Protocol to be used 10.Anticipated annual quantity of materials originating in the countries or territories referred to in Article 6 of this Protocol to be used 10. Anticipated annual quantity of materials originating in the countries or territories referred to in Article 6 of this Protocol to be used
9. Commercial description of materials originating in the countries or territories referred to in Article 6 of this Protocol to be used
10. Anticipated annual quantity of materials originating in the countries or territories referred to in Article 6 of this Protocol to be used
11.Value of materials originating in the countries or territories referred to in Article 6 to be used 11. Value of materials originating in the countries or territories referred to in Article 6 to be used 12.Working or processing carried out in the countries or territories referred to in Article 6 of this Protocol without obtaining origin 12. Working or processing carried out in the countries or territories referred to in Article 6 of this Protocol without obtaining origin
11. Value of materials originating in the countries or territories referred to in Article 6 to be used
12. Working or processing carried out in the countries or territories referred to in Article 6 of this Protocol without obtaining origin
13.Duration requested for derogationfrom ……………… to …………………… 13. Duration requested for derogation 14.Detailed description of working or processing in the Central African States 14. Detailed description of working or processing in the Central African States
13. Duration requested for derogation
14. Detailed description of working or processing in the Central African States
15.Capital structure of the firm concerned 15. Capital structure of the firm concerned 16.Amount of investments made/foreseen 16. Amount of investments made/foreseen
15. Capital structure of the firm concerned
16. Amount of investments made/foreseen
17.Staff employed/expected 17. Staff employed/expected 18.Value added by the working or processing in the Central African States:18.1.Labour:18.2.Overheads:18.3.Other: 18. Value added by the working or processing in the Central African States:18.1.Labour:18.2.Overheads:18.3.Other: 18.1. Labour: 18.2. Overheads: 18.3. Other:
17. Staff employed/expected
18. Value added by the working or processing in the Central African States:18.1.Labour:18.2.Overheads:18.3.Other: 18.1. Labour: 18.2. Overheads: 18.3. Other:
18.1. Labour:
18.2. Overheads:
18.3. Other:
19.Other possible sources of supply for materials 19. Other possible sources of supply for materials 20.Possible developments to overcome the need for a derogation in the future 20. Possible developments to overcome the need for a derogation in the future
19. Other possible sources of supply for materials
20. Possible developments to overcome the need for a derogation in the future
21.Remarks 21. Remarks
21. Remarks
1. Commercial description of the finished product
1.1. Customs classification (HS heading)
2. Anticipated annual quantity of exports to the European Union (weight, number of pieces, metres or other unit)
3. Commercial description of third country materialsCustoms classification (HS heading)
4. Anticipated annual quantity of third country materials to be used
5. Value of third country materials
6. Ex-works value of finished product
7. Origin of third country materials
8. Reasons why the rule of origin for the finished product cannot be fulfilled
9. Commercial description of materials originating in the countries or territories referred to in Article 6 of this Protocol to be used
10. Anticipated annual quantity of materials originating in the countries or territories referred to in Article 6 of this Protocol to be used
11. Value of materials originating in the countries or territories referred to in Article 6 to be used
12. Working or processing carried out in the countries or territories referred to in Article 6 of this Protocol without obtaining origin
13. Duration requested for derogation
14. Detailed description of working or processing in the Central African States
15. Capital structure of the firm concerned
16. Amount of investments made/foreseen
17. Staff employed/expected
18. Value added by the working or processing in the Central African States:18.1.Labour:18.2.Overheads:18.3.Other: 18.1. Labour: 18.2. Overheads: 18.3. Other:
18.1. Labour:
18.2. Overheads:
18.3. Other:
18.1. Labour:
18.2. Overheads:
18.3. Other:
19. Other possible sources of supply for materials
20. Possible developments to overcome the need for a derogation in the future
21. Remarks
1. If the boxes in the form are not sufficient to contain all relevant information, additional pages may be attached to the form. In this case, ‘see annex’ must be indicated in the appropriate box.
2. If possible, samples or other illustrative material (pictures, designs, catalogues, etc.) of the final product and of the materials used should accompany the form.
3. A form shall be completed for each product covered by the request.Boxes 3, 4, 5, 7: ‘third country’ means any country which is not referred to in Article 6 of the Protocol.Box 12: If third country materials have been worked or processed in the countries or territories referred to in Article 6 of this Protocol without obtaining origin, before being further processed in the Central African States which are requesting the derogation, indicate the working or processing carried out in the countries or territories referred to in Article 6 of this Protocol.Box 13: The dates to be indicated are the start and end dates for the period in which EUR.1 certificates may be issued under the derogation.Box 18: Indicate either the percentage of value added in relation to the ex-works price of the product or the monetary amount of value added per unit of product.Box 19: If alternative sources of materials exist, indicate here what they are and, if possible, the reasons relating to cost or other reasons why they are not used.Box 20: Indicate possible investment or diversification of sources of supply which makes the derogation necessary for only a limited period of time.
1. Overseas countries and territories of the Kingdom of Denmark:—Greenland. — Greenland.
— Greenland.
— Greenland.
2. Overseas countries and territories of the French Republic:—New Caledonia and Dependencies,—French Polynesia,—Saint Pierre and Miquelon,—Saint Barthélemy,—French Southern and Antarctic Territories,—Wallis and Futuna Islands. — New Caledonia and Dependencies, — French Polynesia, — Saint Pierre and Miquelon, — Saint Barthélemy, — French Southern and Antarctic Territories, — Wallis and Futuna Islands.
— New Caledonia and Dependencies,
— French Polynesia,
— Saint Pierre and Miquelon,
— Saint Barthélemy,
— French Southern and Antarctic Territories,
— Wallis and Futuna Islands.
— New Caledonia and Dependencies,
— French Polynesia,
— Saint Pierre and Miquelon,
— Saint Barthélemy,
— French Southern and Antarctic Territories,
— Wallis and Futuna Islands.
3. Overseas countries and territories of the Kingdom of the Netherlands:—Aruba,—Bonaire,—Curaçao,—Saba,—Sint Eustatius,—Sint Maarten. — Aruba, — Bonaire, — Curaçao, — Saba, — Sint Eustatius, — Sint Maarten.
— Aruba,
— Bonaire,
— Curaçao,
— Saba,
— Sint Eustatius,
— Sint Maarten.
— Aruba,
— Bonaire,
— Curaçao,
— Saba,
— Sint Eustatius,
— Sint Maarten.
CN code Description
1701 Cane or beet sugar and chemically pure sucrose, in solid form.
1702 Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel.
1704 90 99 Sugar confectionery (including white chocolate), not containing cocoa:- other:– other:— other:—- other:—– other:
1806 10 30 Chocolate and other food preparations containing cocoa- cocoa powder, containing added sugar or other sweetening matter– containing 65 % or more but less than 80 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose
1806 10 90 Chocolate and other food preparations containing cocoa:- cocoa powder, containing added sugar or other sweetening matter:– containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose
1806 20 95 Chocolate and other food preparations containing cocoa:- other preparations in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg:– other:— other:
1901 90 99 Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:- other:– other:— other:
2101 12 98 Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:- extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:– preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:— other
2101 20 98 Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:- extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté:– preparations:— other
2106 90 59 Food preparations not elsewhere specified or included:- other– flavoured or coloured sugar syrups:— other—- other
2106 90 98 Food preparations not elsewhere specified or included:- other– other— other
3302 10 29 Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:- of a kind used in the food or drink industries:– of a kind used in the drink industries:— preparations containing all flavouring agents characterising a beverage:—- other—– other
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part (1) (‘the Agreement’), was signed by the Union pursuant to Council Decision 2009/152/EC (2) and has been applied on a provisional basis by Cameroon since 4 August 2014.
(2) Pursuant to Article 13(2) of the Agreement, the EPA Committee may adopt a reciprocal common regime governing the rules of origin.
(3) In accordance with Article 13(2) and Article 108 of the Agreement, the reciprocal common regime governing the rules of origin is to be annexed to the Agreement in the form of a Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (the ‘Protocol’) and is to form an integral part thereof.
(4) At its annual meeting in 2024 or by written procedure, the EPA Committee is to adopt a decision as regards the Protocol.
(5) The Protocol takes into account the most recent developments in order to provide more flexible and simpler rules of origin, with a view to facilitating trade for economic operators and optimising the use of the preferential treatment provided for in the Agreement.
(6) It is appropriate to establish the position to be taken on the Union’s behalf in the EPA Committee, as that decision will be binding on the Union,
HAS ADOPTED THIS DECISION:
The position to be taken on behalf of the Union in the next annual meeting of the EPA Committee established under the interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, as regards the adoption of a decision of the EPA Committee on the Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, shall be based on the draft decision of the EPA Committee attached to this Decision.
This Decision shall enter into force on the date of its adoption.
The Protocol to the Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation set out in the Annex to this Decision is hereby adopted and annexed to the Agreement.
This Decision shall enter into force on the day of its signature.

TITLE I:   General provisions

Article
1. Definitions

TITLE II: Definition of the concept of ‘originating products’
Articles
2. General requirements

3. Wholly obtained products

4. Sufficiently worked or processed products

5. Insufficient working or processing operations

6. Working or processing of materials imported into the European Union free of duty

7. Cumulation of origin

8. Cumulation with countries or territories benefiting from duty-free quota-free access under the EU scheme of generalised tariff preferences

9. Cumulation with countries or territories benefiting from duty-free quota-free access under preferential agreements or arrangements of the European Union

10. Unit of qualification

11. Accessories, spare parts and tools

12. Sets

13. Neutral elements

14. Accounting segregation

TITLE III: Territorial requirements
Articles
15. Principle of territoriality

16. Non-alteration

17. Exhibitions

TITLE IV: Proof of origin
Articles
18. General requirements

19. Procedure for the issue of a movement certificate EUR.1

20. Movement certificates EUR.1 issued retrospectively

21. Issue of a duplicate movement certificate EUR.1

22. Conditions for making out an origin declaration

23. Validity of proof of origin

24. Submission of proof of origin

25. Importation by instalments

26. Exemptions from proof of origin

27. Information procedure for cumulation purposes

28. Supporting documents

29. Preservation of proof of origin and supporting documents

30. Discrepancies and clerical errors

31. Amounts expressed in euro

TITLE V: Administrative cooperation
Articles
32. Administrative conditions for products to benefit from the Agreement

33. Notification of customs authorities

34. Other methods of administrative cooperation

35. Verification of proof of origin

36. Verification of suppliers’ declarations

37. Dispute settlement

38. Penalties

39. Free zones

40. Derogations

TITLE VI: Ceuta and Melilla
Articles
41. Special conditions

42. Specific conditions

TITLE VII: Final provisions
Articles
43. Revision and application of rules of origin

44. Annexes

45. Implementation of the Protocol

46. Transitional provisions for goods in transit or storage

ANNEXES

ANNEX I:
Introductory notes to the list in Annexes II and II A

ANNEX II:
List of working or processing to be carried out on non-originating materials in order for the product manufactured to acquire originating status

ANNEX II A:
Derogations from the list of working or processing to be carried out on non-originating materials in order for the product manufactured to acquire originating status

ANNEX III:
Form for movement certificate

ANNEX IV:
Origin declaration

ANNEX V A:
Supplier declaration for products having preferential origin statu

ANNEX V B:
Supplier declaration for products not having preferential origin status

ANNEX VI:
Information certificate

ANNEX VII:
Form for application for a derogation

ANNEX VIII:
Overseas Countries and Territories

ANNEX IX:
Products referred to in Article 7(5)
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 Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (WTO Agreement on customs valuation);
(f) ‘ex-works price’ means the price paid for the product ex works to the manufacturer in the European Union or in the Central Africa Party 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 paid 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 European Union or in the Central Africa Party;
(h) ‘value of originating materials’ means the value of such materials as defined in (g) applied mutatis mutandis;
(i) ‘value added’ means the ex-works price of the products minus the customs value of materials imported from third countries into the European Union, the African, Caribbean and Pacific Group of States (ACP) having applied an Economic Partnership Agreement (EPA) at least on a provisional basis, or overseas countries and territories (OCTs); if the customs value is not known or cannot be ascertained, the first ascertainable price paid for the materials in the European Union or in the Central Africa Party is taken into account;
(j) ‘chapters’ and ‘headings’ mean the chapters and the four-digit headings used in the nomenclature which makes up the Harmonized Commodity Description and Coding System (‘Harmonized 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’ means the territories referred to in Article 100 of the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part (1) (the ‘Agreement’), including territorial waters;
(n) ‘OCT’ means the Overseas Countries and Territories as defined in Annex VIII;
(o) ‘Central African State’ means the Central African State referred to in Article 95(1) of the Agreement;
(p) ‘Central Africa Party’ means all the Central African States referred to in Article 95(1) of the Agreement;
(q) ‘other ACP States’, means the ACP States other than the Central African States referred to in Article 95(1) of the Agreement that apply an EPA at least on a provisional basis.

TITLE II

DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’

Article 2
General requirements 1. For the purposes of this Protocol, the territories of the Central African States as defined in Article 1 of this Protocol shall be considered as a single territory. 2. For the purposes of this Protocol, the following products shall be considered as originating in the European Union:
(a) products wholly obtained in the European Union within the meaning of Article 3 of this Protocol;
(b) products obtained in the European Union incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the European Union within the meaning of Article 4 of this Protocol. 3. For the purposes of this Protocol, the following products shall be considered as originating in the Central Africa Party:
(a) products wholly obtained in the Central Africa Party within the meaning of Article 3 of this Protocol;
(b) products obtained in the Central Africa Party incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the Central Africa Party within the meaning of Article 4 of this Protocol.

Article 3
Wholly obtained products 1. The following shall be considered as wholly obtained in the European Union or in the Central Africa Party:
(a) live animals born and raised there;
(b) mineral products extracted from their soil or from their seabed;
(c) vegetable products harvested there;
(d) products from live animals raised there;
(e) (i) products obtained by hunting or fishing conducted there;
(ii) products of aquaculture, including mariculture, where the animals are raised there from eggs, spawn, larvae or fry;
(f) products of sea fishing and other products taken from the sea outside the territorial waters of the European Union or of a Central African State by their vessels;
(g) products made aboard their factory ships exclusively from the products referred to in point (f) above;
(h) used articles fit only for the recovery of raw materials;
(i) waste and scrap resulting from manufacturing operations conducted there;
(j) products extracted from marine soil or subsoil outside their territorial waters provided that the European Union or the Central Africa Party have sole rights to work that soil or subsoil;
(k) goods produced exclusively from the products specified in points (a) to (j). 2. The terms ‘their vessels’ and ‘their factory ships’ in points (f) and (g) of paragraph 1 shall apply only to vessels and factory ships:
(a) which are registered in a Member State of the European Union or in a Central African State;
(b) which sail under the flag of a Member State of the European Union or of a Central African State; and
(c) which meet one of the following conditions:
(i) they are at least 50 % owned by nationals of a Member State of the European Union and/or of the Central Africa Party; or
(ii) they are owned by companies which:
—
have their head office and their main place of business in a Central African State or in a Member State of the European Union, and
—
are at least 50 % owned by public entities or nationals of one or more Member States of the European Union and/or one or more Central African States.

Article 4
Sufficiently worked or processed products 1. For the purposes of Article 2 of this Protocol, 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. 2. For the purposes of Article 2 of this Protocol, and notwithstanding paragraph 1 of this Article, the products listed in Annex II A may be considered to be sufficiently worked or processed when the conditions set out in that Annex are fulfilled. Without prejudice to Article 43(2) of this Protocol, Annex II A shall apply only to exports from the Central Africa Party and for a period of five (5) years from the date of entry into force of this Protocol, except for the products of Chapters 1 to24, for which Annex II A shall apply without any time limit. 3. The conditions referred to in paragraphs 1 and 2 indicate, for all products covered by this Agreement, the working or processing which must be carried out on non-originating materials used in the manufacturing of these products and apply only to such materials. Accordingly, if a product which has acquired originating status by fulfilling the conditions set out in one of the lists for that product is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated shall not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture. 4. By way of derogation from paragraphs 1 and 2 of this Article, non-originating materials which, in accordance with the conditions set out in Annex II A, should not be used in the manufacture of that product may nevertheless be used, provided that:
(a) their total value does not exceed 10 % of the ex-works price of the product for products of the European Union and 15 % of the ex-works price of the product for products of the Central Africa Party;
(b) none of the percentages given in the list for the maximum value of non-originating materials are exceeded by virtue of the application of this paragraph. 5. Paragraph 3 shall not apply to products of Chapters 50 to 63 of the Harmonized System. 6. Paragraphs 1 to 5 of this Article shall apply subject to Article 5.

Article 5
Insufficient working or processing operations 1. 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 4 are satisfied:
(a) preserving operations to ensure that the products remain in good condition during transport and storage;
(b) simple operations consisting of the removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, cleaning, painting, polishing, cutting up;
(c) removal of oxide, oil, paint or other coverings;
(d) (i) changes of packaging and breaking up and assembly of packages;
(ii) simple placing in bottles, flasks, cans, bags, cases, boxes, fixing on cards or boards, etc., and all other simple packaging operations;
(e) affixing marks, labels, logos and other like distinguishing signs on products or their packaging;
(f) simple mixing of products, whether or not of different kinds; mixing of sugar with any material;
(g) simple assembly of parts to constitute a complete product;
(h) simple disassembly of products into parts;
(i) ironing or pressing of textiles;
(j) husking, partial or total bleaching, polishing, and glazing of cereals and rice;
(k) operations to colour or flavour sugar or form sugar lumps; partial or total milling of granulated sugar;
(l) peeling, stoning and shelling, of fruits, nuts and vegetables;
(m) sharpening, simple grinding or simple cutting;
(n) a combination of two or more operations specified in points (a) to (m);
(o) slaughter of animals. 2. For the purposes of paragraph 1, operations shall be considered simple when neither special skills nor machines, apparatus or tools especially produced or installed for those operations are required for their performance. 3. All operations carried out either in the European Union or in the Central Africa Party 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 6
Working or processing of materials imported into the European Union free of duty 1. Without prejudice to Article 2, non-originating materials which can be imported into the European Union free of customs duties in application of the conventional tariffs of the most-favoured nation (MFN) system (2), in accordance with its Common Customs Tariff (3), shall be considered as materials originating in the Central Africa Party when incorporated into a product obtained in that Party, provided that they have undergone working or processing there which goes beyond the operations referred to in Article 5(1). 2. Paragraph 1 shall not apply to materials which, on importation into the European Union, are subject to antidumping or countervailing duties when originating from a country which is subject to these antidumping or countervailing duties. 3. For the purposes of the cumulation provided for in paragraph 1 of this Article, box 7 of the movement certificates EUR.1 issued pursuant to Article 19 of this Protocol or the origin declarations made out pursuant to Article 22 of this Protocol shall bear one of the following indications:
—
‘Application of Article 6(1) of the Protocol to the EU-Central Africa interim agreement’;
—
‘Application de l’article 6, paragraphe 1 du protocole de l’accord d’étape UE-Afrique Centrale’. 4. The European Union shall, every year, notify the EPA Committee of the list of materials to which paragraph 1 applies. Once it has been notified, the list shall be published by the European Commission in the Official Journal of the European Union (C series), and by the Central African States in accordance with their own procedures.

Article 7
Cumulation of origin 1. Without prejudice to Article 2, materials originating in one of the parties, in other ACP States which have applied an EPA at least on a provisional basis, or in OCTs shall be considered as materials originating in the other party when incorporated into a product obtained there, provided that working or processing they have undergone in that party goes beyond the operations referred to in Article 5(1).
Where the working or processing carried out in the party concerned does not go beyond the operations referred to in Article 5(1), the product obtained shall be considered as originating in that party only if the value added there is greater than the value of the materials used originating in any of the other countries or territories. If that is not the case, the product obtained shall be considered as originating in the country or territory which accounts for the highest value of originating materials used in the manufacture of the final product.
The origin of the materials originating in other ACP States and in the OCTs shall be determined in accordance with the rules of origin applicable in the framework of the preferential agreements or arrangements between the European Union and those countries or territories and in accordance with Article 27. 2. Without prejudice to Article 2, working and processing carried out in one of the parties, in other ACP States or in the OCTs shall be considered as having been carried out in the other party provided that the materials undergo subsequent working or processing going beyond the operations referred to in Article 5(1).
Where the working or processing carried out in one of the parties does not go beyond the operations referred to in Article 5(1), the product obtained shall be considered as originating in that party only if the value added there is greater than the value of the materials used in any one of the said countries or territories. If that is not the case, the product obtained shall be considered as originating in the country or territory which accounts for the highest value of materials used in the manufacture of the final product.
The origin of the finished product shall be determined in accordance with the rules of origin of this Protocol and the provisions of Article 27. 3. For the purposes of the cumulation provided for in paragraph 1 of this Article, box 7 of the movement certificates EUR.1 issued pursuant to Article 19 of this Protocol or the origin declarations made out pursuant to Article 22 of this Protocol shall bear one of the following indications:
—
‘Application of Article 7(1) of the Protocol to the EU-CA iEPA’;
—
‘Application de l’article 7, paragraphe 1, du protocole de l’APEe UE-AC’. 4. The cumulation provided for in paragraphs 1 and 2 of this Article may be applied in respect of the other ACP States and the OCTs only if:
(a) the receiving party and all the countries or territories involved in the acquisition of the originating status have entered into an arrangement or agreement on administrative cooperation with each other which ensures the correct implementation of this Article and includes a reference to the use of appropriate proof of origin;
(b) the Central Africa Party and the European Union (4) provide each other, through the European Commission and the Ministry responsible for the Agreement, with the details of agreements on administrative cooperation with the other countries or territories referred to in this Article.
The European Commission shall publish in the Official Journal of the European Union (C series), and the Central African States shall publish in accordance with their own procedures, the date on which the cumulation provided for in this Article may be applied in respect of those countries or territories listed in this Article which have fulfilled the necessary requirements. 5. The cumulation provided for in this Article may only be applied to the products listed in Annex IX where the materials used in the manufacture of those products are originating or the working or processing takes place in another ACP State which has applied an EPA at least provisionally. 6. The cumulation provided for in this Article shall not apply to:
(a) materials of Harmonized System headings 1604 and 1605 originating in the EPA Pacific States pursuant to Article 6(6) of Protocol II to the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part (5);
(b) materials of Harmonized System headings 1604 and 1605 originating in the EPA Pacific States pursuant to any future provision of a comprehensive Economic Partnership Agreement between the European Union and Pacific ACP States;
(c) materials originating in the Republic of South Africa which cannot be directly imported into the European Union duty free and quota free. 7. The European Union shall, every year, notify the EPA Committee of the list of materials to which paragraph 6(c) applies. Once it has been notified, the list shall be published by the European Commission in the Official Journal of the European Union (C series), and by the Central African States in accordance with their own procedures.

Article 8
Cumulation with countries or territories benefiting from duty-free quota-free access under the EU scheme of generalised tariff preferences 1. Without prejudice to Article 2, materials originating in countries and territories:
(a) benefiting from the ‘special arrangements for least developed countries’ under the EU scheme of generalised tariff preferences (6);
(b) benefiting from duty-free quota-free access to the market of the European Union under the general provisions of the scheme of generalised tariff preferences (7),
shall be considered as materials originating in the Central Africa Party when incorporated into a product obtained there. It shall not be necessary for these materials to have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 5(1). If it also contains non-originating materials, any product into which these materials are incorporated must undergo sufficient working or processing in accordance with Article 4 in order to be considered as originating in the Central Africa Party. 2. The origin of the materials from the countries or territories referred to in this Article shall be determined in accordance with the rules of origin applicable under the EU scheme of generalised tariff preferences and in accordance with Article 27. 3. The cumulation provided for in this Article shall not apply to:
(a) materials which, on importation into the European Union, are subject to antidumping or countervailing duties when originating in a country which is subject to these antidumping or countervailing duties;
(b) materials of tariff subheadings 3302 10 and 3501 10 of the Harmonized System;
(c) materials of tuna products classified in Chapter 3 of the Harmonized System which are covered by the EU scheme of generalised tariff preferences;
(d) materials in respect of which tariff preferences are removed (graduation) or suspended (safeguard clause) under the EU scheme of generalised tariff preferences. 4. The European Union shall, every year, notify the EPA Committee of the list of materials and countries to which paragraph 1 applies. Once it has been notified, the list shall be published by the European Commission in the Official Journal of the European Union (C series), and by the Central African States acceding to this Agreement in accordance with their own procedures. The Central Africa Party shall, every year, notify the EPA Committee of the materials to which the cumulation provided for in paragraphs 1 and 2 has been applied. 5. For the purposes of the cumulation provided for in this Article, box 7 of the movement certificates EUR.1 issued pursuant to Article 19 of this Protocol or the origin declarations made out pursuant Article 22 of this Protocol shall bear one of the following indications:
—
‘Application of Article 8 of the Protocol to the EU-Central Africa interim agreement’;
—
‘Application de l’article 8 du protocole de l’accord d’étape UE-Afrique Centrale’. 6. The cumulation provided for in this Article may only be applied provided that:
(a) all the countries involved in the acquisition of the originating status have entered into an arrangement or agreement on administrative cooperation which ensures correct implementation of this Article and includes a reference to the use of appropriate proof of origin;
(b) the Central African State(s) provide(s) the European Union, through the European Commission, with details of agreements on administrative cooperation with the other countries or territories referred to in this Article. The Commission shall publish in the Official Journal of the European Union (C series) the date on which the cumulation provided for in this Article may be applied in respect of those countries or territories listed in this Article which have fulfilled the necessary requirements.

Article 9
Cumulation with countries or territories benefiting from duty-free quota-free access under preferential agreements or arrangements of the European Union 1. Upon notification by a Central African State, without prejudice to Article 2 and in accordance with paragraphs 2, 3 and 6 of this Article, materials originating in countries or territories benefiting from agreements or arrangements providing for duty-free quota-free access to the market of the European Union shall be considered as materials originating in the Central African State. The notification shall be transmitted by the Central African State to the European Union via the European Commission. Cumulation shall be applicable as long as the conditions for granting such cumulation are met. It shall not be necessary for the materials concerned to have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 5(1). 2. The origin of the materials of the other countries or territories concerned shall be determined in accordance with the rules of origin applicable under the EU’s preferential agreements or arrangements with those countries and territories and in accordance with Article 27. 3. The cumulation provided for in this Article shall not apply to:
(a) materials of Chapters 1 to 24 of the Harmonized System or listed in paragraph 1(ii) of Annex 1 to the Agreement on Agriculture included in the GATT/WTO 1994;
(b) materials which, on importation into the European Union, are subject to antidumping or countervailing duties when originating in a country which is subject to these antidumping or countervailing duties;
(c) materials which, pursuant to a free trade agreement between the European Union and a third country, are subject to trade measures and safeguard measures or any other measure denying such products duty-free quota-free access to the EU market. 4. The European Union shall, every year, notify the EPA Committee of the list of materials and countries to which this Article applies. Once it has been notified, the list shall be published by the European Commission in the Official Journal of the European Union (C series), and by the Central African States in accordance with their own procedures. The Central Africa Party shall, every year, notify the EPA Committee of the materials to which the cumulation provided for in this Article has been applied. 5. For the purposes of the cumulation provided for in this Article, box 7 of the movement certificates EUR.1 issued pursuant to Article 19 of this Protocol or the origin declarations made out pursuant to Article 22 of this Protocol shall bear one of the following indications:
—
‘Application of Article 9 of the Protocol to the EU-Central Africa interim agreement’;
—
‘Application de l’article 9 du protocole de l’accord d’étape UE-Afrique Centrale’. 6. The cumulation provided for in this Article may only be applied provided that:
(a) all the countries involved in the acquisition of the originating status have entered into an arrangement or agreement on administrative cooperation which ensures correct implementation of this Article and includes a reference to the use of appropriate proof of origin;
(b) the Central African State(s) provide(s) the European Union, through the European Commission, with details of agreements on administrative cooperation with the other countries or territories referred to in this Article. The Commission shall publish in the Official Journal of the European Union (C series) the date on which the cumulation provided for in this Article may be applied in respect of those countries or territories listed in this Article which have fulfilled the necessary requirements.

Article 10
Unit of qualification 1. The unit of qualification for the application of this Protocol shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonized System.
This means that:
(a) when a product composed of a group or assembly of articles is classified under the terms of the Harmonized System in a single heading, the whole constitutes the unit of qualification;
(b) when a consignment consists of a number of identical products classified under the same heading of the Harmonized System, each product shall be taken individually when applying the provisions of this Protocol. 2. Where, under General Rule 5 of the Harmonized System, packaging is included with the product for classification purposes, it must be included for the purposes of determining origin.

Article 11
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 forming a whole with the piece of equipment, machine, apparatus or vehicle in question.

Article 12
Sets
Sets, as defined in General Rule 3 of the Harmonized System, shall be regarded as originating when all the 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 13
Neutral elements
In order to determine whether a product is originating, 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 do not enter and which are not intended to enter into the final composition of the product.

Article 14
Accounting segregation 1. Where considerable cost or material difficulties arise in keeping separate stocks of originating and non-originating fungible materials, the customs authorities may, on a written request from the interested parties, authorise the ‘accounting segregation’ method (‘the method’) to be used for managing such stocks. 2. The method shall also apply to raw sugar not containing added flavouring or colouring matter and intended for refining, originating and non-originating, of subheadings 1701 12, 1701 13 and 1701 14 of the Harmonized System, which is physically combined or mixed in a Central African State or in the European Union prior to export to the European Union and to Central African States, respectively. 3. The method shall ensure that, at any time, the number or the quantity of products obtained which could be considered to originate in Central African States or the European Union is the same as would have been obtained had there been physical segregation of the stocks. 4. The customs authorities may make the granting of authorisation referred to in paragraphs 1 and 2 subject to any conditions deemed appropriate. 5. The method shall be applied and its use shall be recorded on the basis of the general accounting principles applicable in the country where the product was manufactured. 6. The beneficiary of the method may make out or apply for proof 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. 7. 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. 8. For the purposes of paragraphs 1 and 2, ‘fungible materials’ or ‘fungible products’ mean materials or products that are of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished from one another for origin purposes.

TITLE III

TERRITORIAL REQUIREMENTS

Article 15
Principle of territoriality 1. The conditions for acquiring originating status set out in Title II must be fulfilled without interruption in the Central Africa Party or in the European Union, subject to Articles 6, 7, 8 and 9. 2. Except as provided for in Articles 6, 7, 8, and 9, where originating goods exported from the Central Africa Party or from the European Union to another country return, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that the returned goods:
(a) are the same goods as those exported; and
(b) 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 European Union or the Central Africa Party on products exported from the European Union or from the Central Africa Party and subsequently re-imported there, provided:
(a) that those products are wholly obtained in the European Union or in the Central Africa Party or have undergone working or processing there which goes beyond the operations referred to in Article 5 prior to being exported; and
(b) that it can be demonstrated to the satisfaction of the customs authorities that:
(i) any working or processing done outside the European Union or outside the Central Africa Party has been done under the outward processing arrangements, or similar arrangements;
(ii) the re-imported goods have been obtained by working or processing the exported materials; and
(iii) all costs arising outside the Central Africa Party or the European Union, including the value of the materials incorporated there, do not exceed 10 % of the ex-works price of the end product for which originating status is claimed. 4. For goods meeting the conditions of paragraph 3, all costs arising outside the Central Africa Party or the European Union, including the value of the materials incorporated there, shall be treated as non-originating materials. The originating status of the goods shall then be determined by applying the rules laid down in Annex II by combining the total value of the non-originating materials used both inside and outside the European Union or the Central Africa Party. 5. Paragraphs 3 and 4 of this Article shall not apply to products which can be considered sufficiently worked or processed only if the general tolerance referred to in Article 4(4) is applied. 6. Paragraphs 3 and 4 of this Article shall not apply to products of Chapters 50 to 63 of the Harmonized System.

Article 16
Non-alteration 1. Products declared for release for free circulation in one party shall be the same products as exported from the other party in which they are considered to originate. They shall not have been altered or transformed in any way or subjected to operations other than operations to preserve them in good condition or to add or affix marks, labels, seals or any other documentation to ensure compliance with the national requirements of the importing party, prior to being declared for release for free circulation. 2. Storage of products or consignments may take place when they remain under customs supervision in the country or countries of transit. 3. Without prejudice to Title V, consignments may be split when this is done by the exporter or under the exporter’s responsibility, and the products remain under customs supervision in the country or countries of transit. 4. Compliance with paragraphs 1 to 3 shall be assumed unless the customs authorities have reason to believe otherwise; in such cases, the customs authorities may ask the declarant to provide evidence of compliance with those paragraphs, which may be given by any means, including contractual transport documents such as bills of lading or factual evidence based on the marking or numbering of packages or any evidence related to the goods themselves.

Article 17
Exhibitions 1. Originating products sent for exhibition in a country or territory other than those referred to in Articles 6, 7, 8 and 9 with which cumulation is applicable and sold after the exhibition for importation into the European Union or the Central Africa Party shall benefit on importation from the provisions of the Agreement, provided that it is shown to the satisfaction of the customs authorities that:
(a) an exporter has consigned these products from the Central Africa Party or from the European Union 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 Central Africa Party or in the European Union;
(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 IV 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 they 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

PROOF OF ORIGIN

Article 18
General requirements 1. Products originating in the European Union shall, when imported into the Central Africa Party, benefit from the provisions of the Agreement upon submission of an origin declaration given by the exporter on an invoice, delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified; The text of the origin declaration appears in Annex IV. 2. Products originating in the Central Africa Party shall, on importation into the European Union, benefit from the provisions of this Agreement upon submission of either:
(a) a movement certificate EUR.1, a specimen of which appears in Annex III; or
(b) an origin declaration, 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 text of the origin declaration appears in Annex IV. 3. The Central Africa Party shall, if necessary, notify the EPA Committee of the date on which only paragraph 2, point (b), will apply.
To that end, the European Union shall undertake to support the Central Africa Party in setting up simplified and operational tools and procedures relating thereto. 4. By way of derogation from paragraphs 1 and 2 of this Article, originating products within the meaning of this Protocol shall, in the cases specified in Article 26, benefit from the Agreement without it being necessary to submit any of the documents referred to in paragraphs 1 and 2 of this Article. 5. For the purposes of applying the provisions of this Title, exporters shall endeavour to use a language shared by the Central Africa Party and the European Union.

Article 19
Procedure for the issue of a movement certificate EUR.1 1. A movement certificate EUR.1 shall be issued by the customs authorities or the authorised bodies of the exporting country on application having been made in writing by the exporter or, under the exporter’s responsibility, by their authorised representative. 2. For this purpose, the exporter or its authorised representative shall fill in both the movement certificate EUR.1 and the application form, specimens of which appear in Annex III. These forms shall be completed in accordance with the provisions of this Protocol. If they are handwritten, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line must 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 shall be prepared to submit at any time, at the request of the customs authorities or of the authorised bodies of the exporting country where the movement certificate EUR.1 is issued, all appropriate documents proving the originating status of the products concerned as well as compliance with the other requirements of this Protocol. 4. A movement certificate EUR.1 shall be issued by the customs authorities or the authorised bodies of a Central African State if the products concerned can be considered as products originating in the Central Africa Party or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9 and fulfil the other requirements of this Protocol. 5. The issuing customs authorities or the authorised bodies shall take any steps necessary to verify the originating status of the products and compliance with 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. The customs authorities or authorised bodies responsible for issuing movement certificates EUR.1 shall also ensure that the forms referred to in paragraph 2 of this Article 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. 6. The date of issue of the movement certificate EUR.1 shall be indicated in box 11 of the certificate. 7. A movement certificate EUR.1 shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured. 8. The bodies referred to in this Article shall be those authorised under the internal rules of a Central African State and shall issue movement certificates EUR.1 under the supervision of the customs authorities.

Article 20
Movement certificates EUR.1 issued retrospectively 1. Notwithstanding Article 19(7), a movement certificate EUR.1 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 was issued but was not accepted at importation for technical reasons. 2. For the implementation of paragraph 1, the exporter must indicate in its application the place and date of exportation of the products to which the movement certificate EUR.1 relates, and state the reasons for its request. 3. The customs authorities or the authorised bodies may issue a movement certificate EUR.1 retrospectively only after verifying that the information supplied in the exporter’s application complies with that in the corresponding file. 4. Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following entries:
‘ISSUED RETROSPECTIVELY’

‘DÉLIVRÉ A POSTERIORI’. 5. The endorsement referred to in paragraph 4 shall be inserted in the ‘Remarks’ box of the movement certificate EUR.1.

Article 21
Issue of a duplicate movement certificate EUR.1 1. In the event of the theft, loss or destruction of a movement certificate EUR.1, the exporter may apply to the customs authorities or authorised bodies 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 one of the following entries:
‘DUPLICATE’

‘DUPLICATA’. 3. The endorsement referred to in paragraph 2 shall be inserted in the ‘Remarks’ box of the duplicate movement certificate EUR.1. 4. The duplicate, which must bear the date of issue of the original movement certificate EUR.1, shall take effect as from that date.

Article 22
Conditions for making out an origin declaration 1. An origin declaration may be made out:
(a) in the cases referred to in Article 18(1), by an exporter registered in accordance with the relevant EU legislation;
(b) in the cases referred to in Article 18(2)(b), by an exporter registered in accordance with the relevant legislation of the Central Africa Party;
(c) by any exporter, for any consignment consisting of one or more packages containing originating products, the total value of which does not exceed EUR 6 000. 2. An origin declaration may be made out if the products concerned can be considered as products originating in the Central Africa Party, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9 and fulfil the other requirements of this Protocol. 3. The exporter that makes out an origin declaration 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 compliance with the other requirements of this Protocol. 4. An origin declaration 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 Annex IV, using one of the linguistic versions set out in that Annex and in accordance with the provisions of the domestic law of the exporting country. If the declaration is handwritten, it shall be written in ink in printed characters. 5. Origin declarations shall bear the original signature of the exporter in manuscript. However, an exporter within the meaning of paragraph 1, points (a) and (b), shall not be required to sign such declarations provided that they give the customs authorities of the exporting country a written undertaking that they accept full responsibility for any origin declaration which identifies them as if it had been signed in manuscript by them. 6. An origin declaration may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that the origin declaration is presented in the importing country no longer than two (2) years after the importation of the products to which it relates.

Article 23
Validity of proof of origin 1. Proof of origin shall be valid for ten (10) months from the date of issue in the exporting country and shall be submitted within that period to the customs authorities of the importing country. 2. Proof of origin 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 those 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 proof of origin where the products have been submitted before the final date.

Article 24
Submission of proof of origin
Proof of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. Those authorities may require proof of origin to be translated. They 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 implementation of the Agreement.

Article 25
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 Harmonized System falling within Sections XVI and XVII or headings 7308 and 9406 of the Harmonized 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 26
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 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, that declaration can be made on customs declaration CN22/CN23 or on a sheet of paper attached 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 those products shall not exceed EUR 500 in the case of small packages or EUR 1 200 in the case of products forming part of traveller’s personal luggage.

Article 27
Information procedure for cumulation purposes 1. When Article 7(1) is applied, the evidence of originating status within the meaning of this Protocol of the materials from the Central Africa Party, from the European Union, from another ACP State having applied an EPA at least on a provisional basis or from an OCT shall be provided by a movement certificate EUR.1 or by the supplier’s declaration, a specimen of which appears in Annex V A, given by the exporter in the Central Africa Party or in the European Union from which the materials came. 2. When Article 7(2) is applied, the evidence of the working or processing carried out in the Central Africa Party, in the European Union, in another ACP State having applied an EPA at least on a provisional basis or in an OCT shall be given by the supplier’s declaration, a specimen of which appears in Annex V B to this Protocol, given by the exporter in the Central Africa Party or in the European Union from which the materials came. 3. When Article 8(1) is applied, the supporting documents required to prove origin shall be determined in accordance with the rules applicable to GSP beneficiary countries (8). 4. When Article 9(1) is applied, the supporting documents required to prove origin shall be determined in accordance with the rules laid down in the arrangements or agreements concerned. 5. A separate supplier’s declaration shall be made out by the supplier for each consignment of goods on the commercial invoice related to that consignment or in an annex to that invoice, or on a delivery note or any other commercial document related to that consignment which describes the materials concerned in sufficient detail to enable them to be identified. 6. The supplier’s declaration may be made out on a pre-printed form. 7. The supplier’s declarations shall bear the original signature of the supplier in manuscript. However, where the invoice and the supplier’s declaration are made out using electronic data processing methods, the supplier’s declaration need not be signed in manuscript provided the responsible official in the supplying company is identified to the satisfaction of the customs authorities in the State in which the supplier’s declaration is made out. Those customs authorities may lay down conditions for the implementation of this paragraph. 8. The supplier’s declarations shall be submitted to the customs authorities in the exporting country that has been requested to issue the movement certificate EUR.1. 9. The supplier making out a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is made out, all appropriate documents proving that the information given on this declaration is correct. 10. The supplier’s declarations and the information certificates issued under the rules of origin referred to in Article 13(1) of the Agreement before the date of entry into force of this Protocol shall remain valid for a transitional period of twelve (12) months.

Article 28
Supporting documents
The documents referred to in Articles 19(3) and 22(3) used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration can be considered as products originating in the Central Africa Party, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9 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 book-keeping;
(b) documents proving the originating status of materials used, issued or made out in the Central Africa Party, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9 where these documents are used in accordance with domestic law;
(c) documents proving the working or processing of materials in the Central Africa Party, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9, issued or made out in the Central Africa Party, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9 where these documents are used in accordance with domestic law;
(d) movement certificates EUR.1 or origin declarations proving the originating status of materials used, issued or made out in a Central African State, in the European Union or in one of the other countries or territories referred to in Articles 6, 7, 8 and 9 in accordance with this Protocol.

Article 29
Preservation of proof of origin and supporting documents 1. Exporters applying for the issue of a movement certificate EUR.1 shall keep the documents referred to in Article 19(3) for at least three (3) years. 2. Exporters making out an origin declaration must keep a copy of that origin declaration as well as the documents referred to in Article 22(3) for at least three (3) years. 3. Suppliers making out a declaration shall keep copies of the declaration and of the invoice, delivery notes or other commercial documents to which this declaration is annexed, as well as the documents referred to in Article 27(9), for at least three (3) years. 4. The customs authorities of the exporting country issuing a movement certificate EUR.1 must keep the application form referred to in Article 19(2) for at least three (3) years. 5. The customs authorities of the importing country must keep the movement certificates EUR.1 and the origin declarations submitted to them for at least three (3) years.

Article 30
Discrepancies and clerical errors 1. The discovery of slight discrepancies between the entries 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 clerical 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 accuracy of the entries made in this document.

Article 31
Amounts expressed in euro 1. For the application of Article 22(1)(c) and Article 26(3) in cases where products are invoiced in a currency other than the euro, amounts in the national currencies of the Central African States, of the Member States of the European Union and of the other countries or territories referred to in Articles 6, 7, 8 and 9 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)(c) or Article 26(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. The amounts shall be communicated to the European Commission by 15 October at the latest and shall apply from 1 January the following year. The European Commission 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 would result in a decrease in that equivalent value. 5. The amounts expressed in euro shall be reviewed by the EPA Committee at the request of the European Union or of the Central Africa Party. When carrying out this review, the EPA 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 V

ADMINISTRATIVE COOPERATION

Article 32
Administrative conditions for products to benefit from the Agreement
Products originating, within the meaning of this Protocol, in the Central Africa Party or in the European Union shall benefit, at the time of the customs import declaration, from the preferences resulting from the Agreement only on condition that they were exported on or after the date on which the exporting country complies with Articles 32, 34 and 45 of this Protocol.
The Parties shall notify the information referred to in Article 33 of this Protocol.

Article 33
Notification of customs authorities 1. The Central African States and the Member States of the European Union shall provide each other, via the European Commission and the Ministry responsible for the Agreement, with the addresses of the customs authorities competent to issue and verify movement certificates EUR.1, origin declarations and supplier’s declarations, and with specimens of the stamps used in the customs offices for the issue of those certificates.
Movement certificates EUR.1 and origin declarations or supplier’s declarations shall be accepted for the purpose of applying preferential treatment from the date the information is received by the European Commission and the Ministry responsible for the Agreement. 2. The Central African States and the Member States of the European Union shall immediately inform each other of any change in the information referred to in paragraph 1. 3. The authorities referred to in paragraph 1 shall act under the authority of the government of the country concerned. The authorities in charge of control and verification shall be part of the governmental authorities of the country concerned.

Article 34
Other methods of administrative cooperation 1. In order to ensure the proper application of this Protocol, the European Union, the Central Africa Party and the other countries referred to in Articles 6, 7, 8 and 9 shall ensure, through their competent customs authorities, that the authenticity of the movement certificates EUR.1, the origin declarations or the supplier’s declarations and the accuracy of the information given in these documents are checked. The Central African States and the Member States of the European Union shall also:
(a) provide each other with the necessary administrative cooperation in the event of a request for the monitoring of the proper management and control of the Protocol in the country concerned, including on-site visits;
(b) check, in accordance with Article 35, the originating status of the products and compliance with the other requirements of this Protocol. 2. The authorities consulted shall furnish the relevant information concerning the conditions under which the product has been made, indicating in particular the conditions under which the rules of origin have been complied with in the Central Africa Party, in the European Union and the other countries referred to in Articles 6, 7, 8 and 9.

Article 35
Verification of proof of origin 1. Subsequent verifications of proof of origin shall be carried out on the basis of a risk analysis, by random sampling 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 compliance with 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 and the invoice, if it has been submitted, the origin declaration, 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 of proof of origin 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 of proof of origin, release of the products shall be offered to the importer subject to any precautionary measures deemed necessary. 5. The customs authorities requesting the verification of proof of origin shall be informed of the results thereof as soon as possible. Those results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in the Central Africa Party, in the European Union or in one of the other countries referred to in Articles 6, 7, 8 and 9 and fulfil the other requirements of this Protocol. 6. If in cases of reasonable doubt there is no reply within 10 months of the date of the verification of proof of origin 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 customs authorities that request the verification of proof of origin shall, except in exceptional circumstances, refuse entitlement to the preferences. 7. The parties shall refer to Article 7 of the Protocol on mutual administrative assistance in customs matters for joint investigations concerning proof of origin.

Article 36
Verification of suppliers’ declarations 1. Verification of suppliers’ declarations shall be carried out on the basis of risk analysis, by random sampling or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration have reasonable doubts as to the authenticity of the document or the accuracy of the information given in this document. 2. The customs authorities to which a supplier’s declaration is submitted may request the customs authorities of the State where the declaration was made out to issue an information certificate, a specimen of which appears in Annex VI. Alternatively, the certifying authorities to which a supplier’s declaration is submitted may request that the exporter produce an information certificate issued by the customs authorities of the State where the declaration was made out.
A copy of the information certificate shall be preserved by the office which has issued it for at least three (3) years. 3. The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. The results must indicate clearly whether the information given in the supplier’s declaration is correct and make it possible for them to determine whether and to what extent this supplier’s declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration. 4. The verification shall be carried out by the customs authorities of the country where the supplier’s declaration was made out. For this purpose, they shall have the right to call for any evidence or to carry out any inspection of the supplier’s account or any other check which they consider appropriate in order to verify the accuracy of the supplier’s declaration. 5. Any movement certificate EUR.1 or origin declaration issued or made out on the basis of an inaccurate supplier’s declaration shall be considered null and void.

Article 37
Dispute settlement 1. Where disputes arise in relation to the verification procedures of Articles 35 and 36 which cannot be settled between the customs authorities requesting a 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 EPA Committee. 2. 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 38
Penalties
Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains inaccurate information for the purpose of obtaining preferential treatment for products.

Article 39
Free zones
The Central Africa Party and the European Union shall take all necessary steps to ensure that products traded under cover of a proof of origin or a supplier’s declaration and 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 Central Africa Party or in the European Union 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 at the exporter’s request if the treatment or processing undergone complies with the provisions of this Protocol.

Article 40
Derogations 1. Derogations from this Protocol may be adopted by the EPA Committee where the development of existing industries or the creation of new industries in the Central Africa Party justifies them. To that end, the Central African State shall, before or when it submits the matter to the EPA Committee, notify the European Union and the Central Africa Party of its request together with the reasons for the request in accordance with paragraph 2. The European Union shall respond positively to all requests by the Central Africa Party which are duly justified in accordance with this Article and which cannot cause serious injury to an established EU industry. 2. In order to facilitate the examination by the EPA Committee of requests for derogation, the Central African State shall, by means of the form set out in Annex VII, furnish in support of its request the fullest possible information covering in particular the points listed below:
(a) description of the finished product;
(b) nature and quantity of materials originating in a third country;
(c) nature and quantity of materials originating in the Central African State acceding to this Protocol or in the States or territories referred to in Article 7 or the materials which have been processed there;
(d) manufacturing processes;
(e) value added;
(f) number of employees in the undertaking concerned;
(g) anticipated volume of exports to the European Union;
(h) other possible sources of supply for raw materials;
(i) reasons for the duration requested in the light of efforts made to find new sources of supply;
(j) other observations.
Points (a) to (j) shall apply to any requests for extension.
The EPA Committee may modify the form. 3. The examination of requests shall in particular take into account:
(a) the level of development or the geographical situation of the Central African State;
(b) cases where the application of the existing rules of origin would significantly affect the ability of an existing industry in a Central African State acceding to this Agreement to continue its exports to the European Union, with particular reference to cases where this could lead to cessation of its activities;
(c) specific cases where it can be clearly demonstrated that significant investment in an industry could be deterred by the rules of origin and where a derogation favouring the implementation of an investment programme would enable these rules to be complied with in stages. 4. In all cases, an examination shall be carried out to ascertain whether the rules relating to cumulation of origin do not provide a solution to the problem. 5. In addition, when a request for derogation concerns a less-developed Central African State, its examination shall be carried out with a favourable bias having particular regard to:
(a) the economic and social impact of the decisions to be taken, especially in respect of employment;
(b) the need to apply the derogation for a period taking into account the particular situation of the Central African State concerned and its difficulties. 6. In the examination of requests, special account shall be taken, on a case-by-case basis, of the possibility of conferring originating status on products which include in their composition materials originating in neighbouring developing countries, least-developed countries or developing countries with which one or more Central African States have special relations, provided that administrative co-operation can be established. 7. The EPA Committee shall take all the necessary steps to ensure that a decision is reached as soon as possible and in any case not later than seventy-five (75) working days after the request is received by the European Union Co-chair of the EPA Committee. If the European Union does not inform the Central African States of its position on the request within this period, the request shall be deemed to have been accepted. 8. (a) Derogations shall be valid for a period, generally of five (5) years, to be determined by the EPA Committee.
(b) The derogation decision may provide for renewals without a new decision of the EPA Committee being necessary, provided that the Central African State submits, three (3) months before the end of each period, proof that it is still unable to meet the conditions of this Protocol which have been derogated from.
If any objection is made to the extension, the EPA Committee shall examine it as soon as possible and decide whether to extend the derogation. The Committee shall proceed as provided for in paragraph 7. All necessary measures shall be taken to avoid interruptions in the application of the derogation.
(c) In the periods referred to in subparagraphs (a) and (b), the EPA Committee may review the terms for implementing the derogation should a significant change be found to have taken place in the substantive factors governing the decision to grant the derogation. On conclusion of its review the EPA Committee may decide to amend the terms of its decision as regards the scope of the derogation or any other condition previously laid down.

TITLE VI

CEUTA AND MELILLA

Article 41
Special conditions 1. The term ‘European Union’ used in this Protocol shall not cover Ceuta and Melilla. 2. Products originating in a Central African State, 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 European Union under Protocol 2 to the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities. The Central Africa Party 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 European Union. 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 42.

Article 42
Specific conditions 1. Subject to compliance with Article 14, 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) such products have undergone sufficient working or processing within the meaning of Article 4, or that
(ii) those products originate in a Central African State or in the European Union, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5;
(2) products originating in a Central African State:
(a) products wholly obtained in a Central African State;
(b) products obtained in a Central African State, in the manufacture of which products other than those referred to in (a) are used, provided that:
(i) such products have undergone sufficient working or processing within the meaning of Article 4, or that
(ii) those products originate in Ceuta and Melilla or in the European Union within the meaning of this Protocol, provided that they have been subject to working or processing which goes beyond the operations referred to in Article 5. 2. Ceuta and Melilla shall be considered as a single territory. 3. The exporter or its authorised representative shall enter ‘…’ and ‘Ceuta and Melilla’ in box 2 of movement certificates EUR.1 or on origin declarations. In addition, in the case of products originating in Ceuta and Melilla, originating status shall be indicated in box 4 of movement certificates EUR.1 or on origin declarations. 4. The Spanish customs authorities shall be responsible for the application of this Protocol in Ceuta and Melilla.

TITLE VII

FINAL PROVISIONS

Article 43
Revision and application of rules of origin 1. In accordance with Article 92 of the Agreement, the EPA Committee may, each time the Central Africa Party or the European Union so requests, examine the application of the provisions of this Protocol and their economic effects with a view to making any necessary adjustments or amendments. The EPA Committee shall take into account, among other elements, the impact of technological developments on the rules of origin. 2. Notwithstanding paragraph 1 of this Article, this Protocol and the Annexes thereto shall be reviewed and, if necessary, revised before the end of a period of five (5) years from the date of entry into force of this Protocol. 3. The EPA Committee shall assess the implementation of Article 18(3) on the basis of measures taken to that effect. 4. In order to contribute to the proper application of this Protocol, the Central Africa Party and the European Union shall extend to each other all necessary administrative cooperation and support in the event of a request for an exchange of information on the implementation and management of this Protocol, including during on-site visits.

Article 44
Annexes
The Annexes to this Protocol shall form an integral part thereof.

Article 45
Implementation of this Protocol
The European Union and the Central Africa Party shall, each on its own behalf, take the measures necessary for the implementation of this Protocol, including:
(a) the national and regional arrangements required for the implementation and enforcement of the rules and procedures laid down in this Protocol, in particular the arrangements necessary for the application of the articles on cumulation;
(b) the establishment of the administrative structures and systems necessary for the appropriate management and verification of the origin of products.

Article 46
Transitional provisions 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 the Protocol are either in transit or are in the European Union or in the Central Africa Party in temporary storage, in customs warehouses or in free zones, subject to the submission to the customs authorities of the importing country, within ten (10) months of that date, of a movement certificate EUR.1 made out retrospectively by the customs authorities of the exporting country.

(1)
OJ EU L 57, 28.2.2009, p. 2.

(2) This relief refers to the conventional customs duties indicated in column 3 of the schedule of customs duties making up Part II of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ EU L 256, 7.9.1987, p. 1), and subsequent amending and corresponding legal acts.

(3) See Annex I to Council Regulation (EEC) No 2658/87, and subsequent amending and corresponding legal acts.

(4) The commitments to provide administrative cooperation between the European Union and the other ACP EPA States are provided within their respective protocols on rules of origin and administrative cooperation.

(5)
OJ EU L 272, 16.10.2009, p. 2.

(6) In accordance with Articles 17 and 18 of Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences, and subsequent amending and corresponding legal acts.

(7) In accordance with Article 6 of Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences, and subsequent amending and corresponding legal acts. This provision shall not apply to materials benefiting from duty free treatment by virtue of the special incentive arrangement for sustainable development and good governance of Articles 9 to 16 of that Regulation, but not under the general arrangement of Article 6 of that Regulation.

(8) See Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ EU L 343, 29.12.2015, p. 558), and subsequent amending and corresponding legal acts.

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 4 of this Protocol.
Note 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 Harmonized System and the second column gives the description of goods used in that system for that heading or chapter. For each entry in the first two columns, a rule is specified in columns 3 or 4. Where, in some cases, the entry in the first column is preceded by an ‘ex’, this signifies that the rules in columns 3 or 4 apply only to the part of that heading as described in column 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 Harmonized System, are classified in headings of the chapter or in any of the headings grouped together in column 1.
3. Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in columns 3 or 4.
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 has to be applied.

Note 3:
1. The provisions of Article 4 concerning products having acquired originating status which are used in the manufacture of other products apply regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the European Union or in the Central Africa Party.
For 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 European Union 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 European Union. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.

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. In other words, 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. Without prejudice to Note 3.2, where a rule states that ‘materials of any heading’ may be used, materials of the same heading as the product may also be used, subject, however, to any specific limitations which may also be contained in the rule. However, the expression ‘manufacture from materials of any heading, including other materials of heading …’ means that only materials classified in the same heading as the product of a description other than that of the product as given in column 2 of the list may be used.

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.
For example:
The rule for fabrics of headings 5208 to 5212 indicates 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.

5. Where a rule in the list specifies that a product must be manufactured from a particular material, the condition obviously does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule. (See also Note 6.3 below in relation to textiles).
For 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 produced 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.
For example:
In the case of an article of apparel of ex Chapter 62 of the Harmonized System 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.

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 those 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:
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 that have been carded, combed or otherwise processed but not spun.

2. The term ‘natural fibres’ includes horsehair of heading 0511, 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.
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 of the Harmonized System which can be used to manufacture artificial, synthetic or paper fibres or yarns.

4. The term ‘man-made staple fibres’ is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings 5501 to 5507.
Note 5:
1. 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 below).

2. However, the tolerance mentioned in Note 5.1 may only be applied to mixed products which have been made from two or more basic textile materials.
The following are the basic textile materials:
—
silk,
—
wool,
—
coarse animal hair,
—
fine animal hair,
—
horsehair,
—
cotton,
—
paper-making materials and paper,
—
flax,
—
true hemp,
—
jute and other textile bast fibres,
—
sisal and other textile fibres of the genus Agave,
—
coconut, abaca, ramie and other vegetable textile fibres,
—
synthetic man-made filaments,
—
artificial man-made filaments,
—
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 polyphenylene sulphide,
—
synthetic man-made staple fibres of polyvinyl 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. For 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 that do not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) may be used up to a weight of 10 % of the yarn.
For 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.
For example:
Tufted textile fabric of heading 5802 made from cotton yarn of heading 5205 and cotton fabric of heading 5210 is only a 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.
For 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.

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 the yarn.

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 an adhesive between two layers of plastic film’, the tolerance is 30 % in respect of the strip.

Note 6:
1. In the case of those textile products which are marked in the list by a footnote referring to this Introductory Note, textile trimmings and accessories which do not satisfy the rule set out in the list in column 3 for the made up products concerned may be used provided that their weight does not exceed 10 % of the total weight of all the textile materials incorporated.
The textile trimmings and accessories concerned are those classified in Chapters 50 to 63 of the Harmonized System. Linings and interlinings are not be regarded as trimmings or accessories.

2. Any non-textile trimmings and accessories or other materials used which contain textiles do not have to satisfy the conditions set out in column 3 even though they fall outside the scope of Note 3.5.
3. In accordance with Note 3.5, any non-originating non-textile trimmings and accessories or other product which do not contain any textiles may, in all cases, be used freely where they cannot be made from the materials listed in column 3. For example (1), if a rule in the list says that for a particular textile item, such as a blouse, yarn must be used, this does not prevent the use of metal items, such as buttons, because they cannot be made from textile materials.

4. Where a percentage rule applies, the value of trimmings and accessories must be taken into account when calculating the value of the non-originating materials incorporated.

Note 7:
1. For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, the ‘specific processes’ are as follows:
(a) vacuum distillation;
(b) redistillation by a very thorough fractionation process (2);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) 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.

2. For the purposes of headings 2710 to 2712, the ‘specific processes’ are as follows:
(a) vacuum distillation;
(b) redistillation by a very thorough fractionation process (3);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) 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.
(j) in respect of heavy oils falling within 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);
(k) in respect of products falling within heading 2710 only, deparaffining by a process other than filtering;
(l) in respect of heavy oils falling within heading ex 2710 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250 oC with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. 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;
(m) 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 oC, by the ASTM D 86 method;
(n) in respect of heavy oils other than gas oils and fuel oils falling within heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.

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, any combination of these operations or like operations do not confer origin.

(1) This example is given for explanatory purposes only. It is not legally binding.

(2) See Additional Explanatory Note 5(b) to Chapter 27 of the Combined Nomenclature.

(3) See Additional Explanatory Note 5(b) to Chapter 27 of the Combined Nomenclature.

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

HS heading
Product description
Working or processing carried out on non-originating materials that confers originating status
(1) (2) (3) (4) Chapter 1
Live animals
All the animals of Chapter 1 used must be wholly obtained

Chapter 2
Meat and edible meat offal
Manufacture in which all the materials of Chapters 1 and 2 used must be wholly obtained

ex Chapter 3
Fish and crustaceans, molluscs and other aquatic invertebrates
Manufacture in which all the materials of Chapter 3 used must be wholly obtained

0304
Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen
Manufacture in which the value of all the materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product

0305
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of molluscs, fit for human consumption
Manufacture in which the value of all the materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product

0306
Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked crustaceans, whether in shell or not, whether or not cooked before or during the smoking process; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption
Manufacture in which the value of all the materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product

0307
Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process; flours, meals and pellets of molluscs, fit for human consumption
Manufacture in which the value of all the materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product

0308
Aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; smoked aquatic invertebrates other than crustaceans and molluscs, whether or not cooked before or during the smoking process; flours, meals and pellets of aquatic invertebrates other than crustaceans and molluscs, fit for human consumption
Manufacture in which the value of all the materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product

ex Chapter 4
Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included; except for:
Manufacture in which all the materials of Chapter 4 used must be wholly obtained

0403
Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa
Manufacture in which:
—
all the materials of Chapter 4 used must be wholly obtained,
—
any fruit juice (expect those of pineapple, lime or grapefruit) of heading 2009 used must already be originating, and
—
the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

ex Chapter 5
Products of animal origin, not elsewhere specified or included; except for:
Manufacture in which all the materials of Chapter 5 used must be wholly obtained

ex 0502
Prepared pigs’, hogs’ or boars’ bristles and hair
Cleaning, disinfecting, sorting and straightening of bristles and hair

Chapter 6
Live trees and other plants
Manufacture in which:
—
all the materials of Chapter 6 used must be wholly obtained;
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

Chapter 7
Edible vegetables and certain roots and tubers
Manufacture in which all the materials of Chapter 7 used must be wholly obtained

Chapter 8
Edible fruit and nuts; peel of citrus fruits or melons
Manufacture in which:
—
all the fruit and nuts used must be wholly obtained; and
—
the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

ex Chapter 9
Coffee, tea, maté and spices; except for:
Manufacture in which all the materials of Chapter 9 used must be wholly obtained

0901
Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion
Manufacture from materials of any heading

0902
Tea, whether or not flavoured
Manufacture from materials of any heading

ex 0910
Mixtures of spices
Manufacture from materials of any heading

Chapter 10
Cereals
Manufacture in which all the materials of Chapter 10 used must be wholly obtained

ex Chapter 11
Products of the milling industry; malt; starches; inulin; wheat gluten; except for:
Manufacture in which all the cereals, edible vegetables, roots and tubers of heading 0714 or fruit used must be wholly obtained

ex 1106
Flour, meal and powder of the dried, shelled leguminous vegetables of heading 0713
Drying and milling of leguminous vegetables of heading 0708

Chapter 12
Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder
Manufacture in which all the materials of Chapter 12 used must be wholly obtained

1301
Lac; natural gums, resins, gum-resins and oleoresins (for example, balsams)
Manufacture in which the value of any materials of heading 1301 used may not exceed 50 % of the ex-works price of the product

1302
Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:

– mucilages and thickeners, whether or not modified, derived from vegetable products
Manufacture from non-modified mucilages and thickeners

– other
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

Chapter 14
Vegetable plaiting materials; vegetable products not elsewhere specified or included
Manufacture in which all the materials of Chapter 14 used must be wholly obtained

ex Chapter 15
Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animals or vegetable waxes; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

1501
Pig fat (including lard) and poultry fat, other than that of heading 0209 or 1503:

– fats from bones or waste
Manufacture from materials of any heading, except those of heading 0203, 0206 or 0207 or bones of heading 0506

– other
Manufacture from meat or edible offal of swine of heading 0203 or 0206 or of meat and edible offal of poultry of heading 0207

1502
Fats of bovine animals, sheep or goats, other than those of heading 1503:

– fats from bones or waste
Manufacture from materials of any heading, except those of heading 0201, 0202, 0204 or 0206 or bones of heading 0506

– other
Manufacture in which all the materials of Chapter 2 used must be wholly obtained

1504
Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified:

– solid fractions
Manufacture from materials of any heading, including other materials of heading 1504

– other
Manufacture in which all the materials of Chapters 2 and 3 used must be wholly obtained

ex 1505
Refined lanolin
Manufacture from crude wool grease of heading 1505

1506
Other animals fats and oils and their fractions, whether or not refined, but not chemically modified:

– solid fractions
Manufacture from materials of any heading, including other materials of heading 1506

– other
Manufacture in which all the materials of Chapter 2 used must be wholly obtained

1507 to 1515
Vegetable oils and their fractions:

– soya, ground nut, palm, copra, palm kernel, babassu, tung and oiticica oil, myrtle wax and Japan wax, fractions of jojoba oil and oils for technical or industrial uses other than the manufacture of foodstuffs for human consumption
Manufacture in which all the materials used are classified within a heading other than that of the product

– solid fractions, except for that of jojoba oil
Manufacture from other materials of headings 1507 to 1515

– other
Manufacture in which all the vegetable materials used must be wholly obtained

1516
Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared
Manufacture in which:
—
all the materials of Chapter 2 used must be wholly obtained;
—
all the vegetable materials used must be wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used

1517
Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 1516
Manufacture in which:
—
all the materials of Chapters 2 and 4 used must be wholly obtained; and
—
all the vegetable materials used must be wholly obtained. However, materials of headings 1507, 1508, 1511 and 1513 may be used

Chapter 16
Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates
Manufacture from animals of Chapter 1

1604 and 1605
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs;
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved
Manufacture in which the value of all the materials of Chapter 3 used does not exceed 15 % of the ex-works price of the product

ex Chapter 17
Sugars and sugar confectionery; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 1701
Cane or beet sugar and chemically pure sucrose, in solid form, flavoured or coloured
Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

1702
Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:

– chemically pure maltose and fructose
Manufacture from materials of any heading, including other materials of heading 1702

– other sugars in solid form, containing added flavouring or colouring matter
Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

– other
Manufacture in which all the materials used must already be originating

ex 1703
Molasses resulting from the extraction or refining of sugar, flavoured or coloured
Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

1704
Sugar confectionery (including white chocolate), not containing cocoa
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

Chapter 18
Cocoa and cocoa preparations
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

1901
Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:

– malt extract
Manufacture from cereals of Chapter 10

– other
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

1902
Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared:

– containing 20 % or less by weight of meat, meat offal, fish, crustaceans or molluscs
Manufacture in which all the cereals and derivatives (except durum wheat and its derivatives) used must be wholly obtained

– containing more than 20 % by weight of meat, meat offal, fish, crustaceans or molluscs
Manufacture in which:
—
all cereals and derivatives (except durum wheat and its derivatives) used must be wholly obtained; and
—
all the materials of Chapters 2 and 3 used must be wholly obtained

1903
Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms
Manufacture from materials of any heading, except potato starch of heading 1108

1904
Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals other than maize (corn) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included
Manufacture:
—
from materials of any heading, except those of heading 1806,
—
in which all the cereals and flour (except durum wheat and its derivates and Zea indurata maize) used must be wholly obtained; and
—
in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

1905
Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products
Manufacture from materials of any heading except those of Chapter 11

ex Chapter 20
Preparations of vegetables, fruit, nuts or other parts of plants: except for:
Manufacture in which all the fruit, nuts or vegetables used must be wholly obtained

ex 2001
Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, prepared or preserved by vinegar or acetic acid
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 2004 and
ex 2005
Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid
Manufacture in which all the materials used are classified within a heading other than that of the product

2006
Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised)
Manufacture in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

2007
Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, being cooked preparations, whether or not containing added sugar or other sweetening matter
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

ex 2008
– Nuts, not containing added sugar or spirit
Manufacture in which the value of the originating nuts and oil seeds of headings 0801, 0802 and 1202 to 1207 used exceeds 60 % of the ex-works price of the product

– Peanut butter; mixtures based on cereals; palm hearts; maize (corn)
Manufacture in which all the materials used are classified within a heading other than that of the product

– Other, except for fruit and nuts cooked otherwise than by steaming or boiling in water, not containing added sugar, frozen
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

2009
Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

ex Chapter 21
Miscellaneous edible preparations; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

2101
Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
all the chicory used must be wholly obtained

2103
Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:

– sauces and preparations therefor; mixed condiments and mixed seasonings
Manufacture in which all the materials used are classified within a heading other than that of the product. However, mustard flour or meal or prepared mustard may be used

– mustard flour and meal and prepared mustard
Manufacture from materials of any heading

ex 2104
Soups and broths and preparations therefor
Manufacture from materials of any heading, except prepared or preserved vegetables of headings 2002 to 2005

2106
Food preparations not elsewhere specified or included
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product

ex Chapter 22
Beverages, spirits and vinegar; except for:
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
all the grapes or any materials derived from grapes used must be wholly obtained

2202
Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product;
—
the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product; and
—
any fruit juice used (except for pineapple, lime and grapefruit) must already be originating

2207
Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol and other spirits, denatured, of any strength
Manufacture: from materials not classified within heading 2207 or 2208, and
—
in which all the grapes or materials derived from grapes used must be wholly obtained or, if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume

2208
Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages
Manufacture:
from materials not classified within heading 2207 or 2208, and
—
in which all the grapes or materials derived from grapes used must be wholly obtained or, if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume

ex Chapter 23
Residues and waste from the food industries; prepared animal fodder; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 2301
Whale meal; flours, meals and pellets of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption
Manufacture in which all the materials of Chapters 2 and 3 used must be wholly obtained

ex 2303
Residues from the manufacture of starch from maize (excluding concentrated steeping liquors), of a protein content, calculated on the dry product exceeding 40 % by weight
Manufacture in which all the maize used must be wholly obtained

ex 2306
Oil cake and other solid residues resulting from the extraction of olive oil, containing more than 3 % of olive oil
Manufacture in which all the olives used must be wholly obtained

2309
Preparations of a kind used in animal feeding
Manufacture in which:
—
all the cereals, sugar or molasses, meat or milk used must already be originating; and
—
all the materials of Chapter 3 used must be wholly obtained

ex Chapter 24
Tobacco and manufactured tobacco substitutes; except for:
Manufacture in which all the materials of Chapter 24 used must be wholly obtained

2402
Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes
Manufacture in which at least 70 % by weight of the unmanufactured tobacco or tobacco refuse of heading 2401 used is originating

ex 2403
Smoking tobacco
Manufacture in which at least 70 % by weight of the unmanufactured tobacco or tobacco refuse of heading 2401 used is originating

ex Chapter 25
Salt; sulphur; earths and stone; plastering materials, lime and cement; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 2504
Natural crystalline graphite, with enriched carbon content, purified and ground
Enriching of the carbon content, purifying and grinding of crude crystalline graphite

ex 2515
Marble, merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape, of a thickness not exceeding 25 cm
Cutting, by sawing or otherwise, of marble (even if already sawn) of a thickness exceeding 25 cm

ex 2516
Granite, porphyry, basalt, sandstone and other monumental or building stone, merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape, of a thickness not exceeding 25 cm
Cutting, by sawing or otherwise, of stone (even if already sawn) of a thickness exceeding 25 cm

ex 2518
Calcined dolomite
Calcination of uncalcined dolomite

ex 2519
Crushed natural magnesium carbonate (magnesite), in hermetically-sealed containers, and magnesium oxide, whether or not pure, other than fused magnesia or dead-burned (sintered) magnesia
Manufacture in which all the materials used are classified within a heading other than that of the product. However, natural magnesium carbonate (magnesite) may be used

ex 2520
Plasters specially prepared for dentistry
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

ex 2524
Natural asbestos fibres
Manufacture from asbestos concentrate

ex 2525
Mica powder
Grinding of mica or mica waste

ex 2530
Earth colours, calcined or powdered
Calcination or grinding of earth colours

Chapter 26
Ores, slag and ash
Manufacture in which all the materials used are classified within a heading other than that of the product

ex Chapter 27
Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 2707
Oils in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents, being oils similar to mineral oils obtained by distillation of high temperature coal tar, of which more than 65 % by volume distils at a temperature of up to 250 oC (including mixtures of petroleum spirit and benzole), for use as power or heating fuels
Operations of refining and/or one or more specific process(es) (1) or
Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

ex 2709
Crude oils obtained from bituminous minerals
Destructive distillation of bituminous materials

2710
Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations
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 heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

2711
Petroleum gases and other gaseous hydrocarbons
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 heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

2712
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
Operations of refining and/or one or more specific process(es) (4) or
Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

2713
Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous materials
Operations of refining and/or one or more specific process(es) (5) or
Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

2714
Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphaltites and asphaltic rocks
Operations of refining and/or one or more specific process(es) (6) or
Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

2715
Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cut-backs)
Operations of refining and/or one or more specific process(es) (7) or
Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

ex Chapter 28
Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 2805
‘Mischmetall’
Manufacture by electrolytic or thermal treatment in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex 2811
Sulphur trioxide
Manufacture from sulphur dioxide
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 2833
Aluminium sulphate
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

ex 2840
Sodium perborate
Manufacture from disodium tetraborate pentahydrate
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 2852
Mercury compounds of internal ethers and their halogenated, sulphonated, nitrated or nitrosated derivatives
Manufacture from materials of any heading. However, the value of all the materials of heading 2909 used may not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

Mercury compounds of nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds
Manufacture from materials of any heading. However, the value of all the materials of headings 2932, 2933 and 2934 used may not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

Mercury compounds of diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading 3002 or 3006; certified reference materials
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds
Manufacture from materials of any heading. However, the value of all the materials of headings 2932, 2933 and 2934 used may not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

Mercury compounds of chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex Chapter 29
Organic chemicals; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 2901
Acyclic hydrocarbons for use as power or heating fuels
Operations of refining and/or one or more specific process(es) (8) or
Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

ex 2902
Cyclanes and cyclenes (other than azulenes), benzene, toluene, xylenes, for use as power or heating fuels
Operations of refining and/or one or more specific process(es) (9) or
Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used, provided that their value does not exceed 50 % of the ex-works price of the product

ex 2905
Metal alcoholates of alcohols of this heading and of ethanol
Manufacture from materials of any heading, including other materials of heading 2905. However, metal alcoholates of this heading may be used, provided their value does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
2915
Saturated acyclic monocarboxylic acids and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives
Manufacture from materials of any heading. However, the value of all the materials of headings 2915 and 2916 used may not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 2932
Internal ethers and their halogenated, sulphonated, nitrated or nitrosated derivatives
Manufacture from materials of any heading. However, the value of all the materials of heading 2909 used may not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

Cyclic acetals and internal hemiacetals and their halogenated, sulphonated, nitrated or nitrosated derivatives
Manufacture from materials of any heading
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
2933
Heterocyclic compounds with nitrogen hetero-atom(s) only
Manufacture from materials of any heading. However, the value of all the materials of headings 2932 and 2933 used may not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
2934
Nucleic acids and their salts; other heterocyclic compounds
Manufacture from materials of any heading. However, the value of all the materials of headings 2932, 2933 and 2934 used may not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
293980
Alkaloids of non-plant origin

Heterocyclic compounds with nitrogen hetero-atom(s) only
Manufacture in which the value of all the materials used does not exceed 40 % in a heading other than that of the ex-works price of the product However, materials classified within the same heading may be used, provided that their value does not exceed 20 % of the ex works price of the product

Nucleic acids and their salts; other heterocyclic compounds
Manufacture in which the value of all the materials used does not exceed 40 % in a heading other than that of the ex-works price of the product However, materials classified within the same heading may be used, provided that their value does not exceed 20 % of the ex works price of the product

ex Chapter 30
Pharmaceutical products; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product

ex 3002
Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products:

– products consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses or unmixed products for these uses, put up in measured doses or in forms or packings for retail sale
Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

– other:

— human blood
Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

— animal blood prepared for therapeutic or prophylactic uses
Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

— blood fractions other than antisera, haemoglobin, blood globulins and serum globulins
Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

— haemoglobin, blood globulins and serum globulins
Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

— other
Manufacture from materials of any heading, including other materials of heading 3002. The materials of this description may also be used, provided their value does not exceed 20 % of the ex-works price of the product

Heterocyclic compounds with nitrogen hetero-atom(s) only
Manufacture from materials of any heading. However, the value of all the materials of headings 2932 and 2933 used may not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds
Manufacture from materials of any heading. However, the value of all the materials of headings 2932, 2933 and 2934 used may not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
3003 and 3004
Medicaments (excluding goods of headings 3002, 3005 or 3006):

– obtained from amikacin of heading 2941
Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials of heading 3003 or 3004 may be used provided their value, taken together, does not exceed 20 % of the ex-works price of the product

– other
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product; However, materials of heading 3003 or 3004 may be used provided their value, taken together, does not exceed 20 % of the ex-works price of the product, and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex 3006
Appliances identifiable for ostomy use made of plastic
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex Chapter 31
Fertilisers; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 3105
Mineral or chemical fertilizers containing two or three of the fertilizing elements: nitrogen, phosphorus and potassium; other fertilisers; goods of this Chapter, in tablets or similar forms or in packages of a gross weight not exceeding 10 kg, except for:
—
sodium nitrate
—
calcium cyanamide
—
potassium sulphate
—
magnesium potassium sulphate
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product; However, materials classified within the same heading may be used, provided that their value does not exceed 20 % of the ex-works price of the product, and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex Chapter 32
Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 3201
Tannins and their salts, ethers, esters and other derivatives
Manufacture from tanning extracts of vegetable origin
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
3205
Colour lakes; preparations as specified in Note 3 to this Chapter based on colour lakes (10) Manufacture from materials of any heading, except headings 3203, 3204 and 3205. However, materials from heading 3205 may be used provided their value does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex Chapter 33
Essential oils and resinoids; perfumery, cosmetic or toilet preparations; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
3301
Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils
Manufacture from materials of any heading, including materials of a different ‘group’ (11) in this heading. However, materials of the same group may be used, provided their value does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex Chapter 34
Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 3403
Lubricating preparations containing petroleum oils or oils obtained from bituminous minerals, provided they represent less than 70 % by weight
Operations of refining and/or one or more specific process(es) (12) or
Other operations in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

3404
Artificial waxes and prepared waxes:
—
with a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax
Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 50 % of the ex-works price of the product

– other
Manufacture from materials of any heading, except:
—
hydrogenated oils having the character of waxes of heading 1516;
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

—
fatty acids not chemically defined or industrial fatty alcohols having the character of waxes of heading 3823, and

—
materials of heading 3404

However, these materials may be used provided their value does not exceed 20 % of the ex-works price of the product

ex Chapter 35
Albuminoidal substances; modified starches; glues, enzymes; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
3505
Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches:

– starch ethers and esters
Manufacture from materials of any heading, including other materials of heading 3505
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

– other
Manufacture from materials of any heading, except those of heading 1108
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 3507
Prepared enzymes not elsewhere specified or included
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

Chapter 36
Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations
Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex Chapter 37
Photographic or cinematographic goods; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
3701
Photographic plates and film in the flat, sensitised, unexposed, of any material other than paper, paperboard or textiles; instant print film in the flat, sensitised, unexposed, whether or not in packs:

– Instant print film for colour photography
Manufacture in which all the materials used are classified in a heading other than heading 3701 or 3702. However, materials from heading 3702 may be used provided their value does not exceed 30 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

– other
Manufacture in which all the materials used are classified in a heading other than heading 3701 or 3702. However, materials from heading 3701 and 3702 may be used provided their value, taken together, does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
3702
Photographic film in rolls, sensitised, unexposed, of any material other than paper, paperboard or textiles; instant print film in rolls, sensitised, unexposed
Manufacture in which all the materials used are classified within a heading other than heading 3701 or 3702
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
3704
Photographic plates, film paper, paperboard and textiles, exposed but not developed
Manufacture in which all the materials used are classified within a heading other than headings 3701 to 3704
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex Chapter 38
Miscellaneous chemical products; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 3801
– Colloidal graphite in suspension in oil and semi-colloidal graphite; carbonaceous pastes for electrodes
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

– Graphite in paste form, being a mixture of more than 30 % of graphite by weight with mineral oils
Manufacture in which the value of all the materials of heading 3403 used does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 3803
Refined tall oil
Refining of crude tall oil
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 3805
Spirits of sulphate turpentine, purified
Purification by distillation or refining of raw spirits of sulphate turpentine
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 3806
Ester gums
Manufacture from resin acids
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 3807
Wood pitch (wood tar pitch)
Distillation of wood tar
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
3808
Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulphur-treated bands, wicks and candles, and fly-papers)
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

3809
Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

3810
Pickling preparations for metal surfaces; fluxes and other auxiliary preparations for soldering, brazing or welding; soldering, brazing or welding powders and pastes consisting of metal and other materials; preparations of a kind used as cores or coatings for welding electrodes or rods
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

3811
Anti-knock preparations, oxidation inhibitors, gum inhibitors, viscosity improvers, anti-corrosive preparations and other prepared additives, for mineral oils (including gasoline) or for other liquids used for the same purposes as mineral oils:

– prepared additives for lubricating oil, containing petroleum oils or oils obtained from bituminous minerals
Manufacture in which the value of all the materials of heading 3811 used does not exceed 50 % of the ex-works price of the product

– other
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

3812
Prepared rubber accelerators; compound plasticisers for rubber or plastics, not elsewhere specified or included; anti-oxidising preparations and other compound stabilizers for rubber or plastics
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

3813
Preparations and charges for fire-extinguishers; charged fire-extinguishing grenades
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

3814
Organic composite solvents and thinners, not elsewhere specified or included; prepared paint or vanish removers
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

3818
Chemical elements doped for use in electronics, in the form of discs, wafers or similar forms; chemical compounds doped for use in electronics
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

3819
Hydraulic brake fluids and other prepared liquids for hydraulic transmission, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

3820
Anti-freezing preparations and prepared de-icing fluids
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

ex 3821
Prepared culture media for maintenance of micro-organisms (including viruses and the like) or of plant, human or animal cells
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

3822
Diagnostic or laboratory reagents on a backing and prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading 3002 or 3006; certified reference materials
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

3823
Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols:

– industrial monocarboxylic fatty acids; acid oils from refining
Manufacture in which all the materials used are classified within a heading other than that of the product

– industrial fatty alcohols
Manufacture from materials of any heading, including other materials of heading 3823

3824
Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included:

– the following of this heading:
— prepared binders for foundry moulds or cores based on natural resinous products
— naphthenic acids, their water-insoluble salts and their esters
— sorbitol other than that of heading 2905
Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

— petroleum sulphonates, excluding petroleum sulphonates of alkali metals, of ammonium or of ethanolamines; thiophenated sulphonic acids of oils obtained from bituminous minerals, and their salts
— ion exchangers
— getters for vacuum tubes

— alkaline iron oxide for the purification of gas
— ammoniacal gas liquors and spent oxide produced in coal gas purification
— sulphonaphthenic acids, their water-insoluble salts and their esters
— fusel oil and Dippel’s oil
— mixtures of salts having different anions
— copying pastes with a basis of gelatin, whether or not on a paper or textile backing

– other
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

3826
Biodiesel and mixtures thereof, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

3901 to 3915
Plastics in primary forms, waste, parings and scrap of plastics; except for headings ex 3907 and 3912 for which the rules are set out below:

– addition homopolymerisation products in which a single monomer contributes more than 99 % by weight to the total polymer content
Manufacture in which:
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product, and
—
the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (13) Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products

– other
Manufacture in which the value of all the materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (14) Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
ex 3907
– Copolymer, made from polycarbonate and acrylonitrile-butadiene-styrene copolymers (ABS)
Manufacture in which all the materials used are classified within a heading other than that of the product. However, materials classified within the same heading may be used, provided their value does not exceed 50 % of the ex-works price of the product (15)

– Polyester
Manufacture in which the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product and/or manufacture from polycarbonate of tetrabromo-(bisphenol A)

3912
Cellulose and its chemical derivatives, not elsewhere specified or included, in primary forms
Manufacture in which the value of any materials classified in the same heading as the product does not exceed 20 % of the ex-works price of the product

3916 to 3921
Semi-manufactures and articles of plastics; except for headings ex 3916, ex 3917, ex 3920 and ex 3921, for which the rules are set out below:

– flat products, further worked than only surface-worked or cut into forms other than rectangular (including square); other products, further worked than only surface-worked
—
other:
Manufacture in which the value of any materials of Chapter 39 used does not exceed 50 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products

— addition homopolymerisation products in which a single monomer contributes more than 99 % by weight to the total polymer content
Manufacture in which:
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product, and
—
the value of any materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (16) Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products

— other
Manufacture in which the value of all the materials of Chapter 39 used does not exceed 20 % of the ex-works price of the product (17) Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
ex 3916 and ex 3917
Profile shapes and tubes
Manufacture in which:
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product, and
—
the value of any materials classified within the same heading as the product does not exceed 20 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
ex 3920
– Ionomer sheet or film
Manufacture from a thermoplastic partial salt which is a copolymer of ethylene and metacrylic acid partly neutralised with metal ions, mainly zinc and sodium
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products

– Sheets of regenerated cellulose, polyamides or polyethylene
Manufacture in which the value of any materials classified in the same heading as the product does not exceed 20 % of the ex-works price of the product

ex 3921
Foils of plastic, metallised
Manufacture from highly transparent polyester foils with a thickness of less than 23 micron (18) Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
3922 to 3926
Articles of plastics
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

ex Chapter 40
Rubber and articles thereof; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 4001
Laminated slabs of crepe rubber for shoes
Lamination of sheets of natural rubber

4005
Compounded rubber, unvulcanised, in primary forms or in plates, sheets or strip
Manufacture in which the value of all the materials used, except natural rubber, does not exceed 50 % of the ex-works price of the product

4012
Retreaded or used pneumatic tyres of rubber; solid or cushion tyres, tyre treads and tyre flaps, of rubber:

– retreaded pneumatic, solid or cushion tyres, of rubber
Retreading of used tyres

– other
Manufacture from materials of any heading, except those of heading 4011 or 4012

ex 4017
Articles of hard rubber
Manufacture from hard rubber

ex Chapter 41
Raw hides and skins (other than furskins) and leather; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 4102
Raw skins of sheep or lambs, without wool on
Removal of wool from sheep or lamb skins, with wool on

4104 to 4106
Tanned or crust hides and skins, without wool or hair on, whether or not split, but not further prepared
Retanning of pre-tanned leather
or
Manufacture in which all the materials used are classified within a heading other than that of the product

4107, 4112 and 4113
Leather further prepared after tanning or crusting, including parchment-dressed leather, without wool or hair on, whether or not split, other than leather of heading 4114
Retanning of pre-tanned leather
or
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 4114
Patent leather and patent laminated leather; metallised leather
Manufacture from leather of headings 4104 to 4107, 4112 or 4113, provided its value does not exceed 50 % of the ex-works price of the product

Chapter 42
Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut)
Manufacture in which all the materials used are classified within a heading other than that of the product

ex Chapter 43
Furskins and artificial fur; manufactures thereof; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 4302
Tanned or dressed furskins, assembled:

– plates, crosses and similar forms
Bleaching or dyeing, in addition to cutting and assembly of non-assembled tanned or dressed furskins

– other
Manufacture from non-assembled, tanned or dressed furskins

4303
Articles of apparel, clothing accessories and other articles of furskin
Manufacture from non-assembled tanned or dressed furskins of heading 4302

ex Chapter 44
Wood and articles of wood; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 4403
Wood roughly squared
Manufacture from wood in the rough, whether or not stripped of its bark or merely roughed down

ex 4407
Wood sawn or chipped lengthwise, sliced or peeled, of a thickness exceeding 6 mm, planed, sanded or finger-jointed
Planing, sanding or finger-jointing

ex 4408
Veneer sheets and sheets for plywood, of a thickness not exceeding 6 mm, spliced, and other wood sawn lengthwise, sliced or peeled of a thickness not exceeding 6 mm, planed, sanded or finger-jointed
Splicing, planing, sanding or finger-jointing

ex 4409
Wood continuously shaped along any of its edges or faces, whether or not planed, sanded or finger-jointed:
—
sanded or finger-jointed
Sanding or finger-jointing

– beadings and mouldings
Beading or moulding

ex 4410 to
ex 4413
Beadings and mouldings, including moulded skirting and other moulded boards
Beading or moulding

ex 4415
Packing cases, boxes, crates, drums and similar packings, of wood
Manufacture from boards not cut to size

ex 4416
Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood
Manufacture from riven staves, not further worked than sawn on the two principal surfaces

ex 4418
– Builders’ joinery and carpentry of wood
Manufacture in which all the materials used are classified within a heading other than that of the product. However, cellular wood panels, shingles and shakes may be used

– Beadings and mouldings
Beading or moulding

ex 4421
Match splints; wooden pegs or pins for footwear
Manufacture from wood of any heading, except drawn wood of heading 4409

ex Chapter 45
Cork and articles of cork; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

4503
Articles of natural cork
Manufacture from cork of heading 4501

Chapter 46
Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork
Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 47
Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard
Manufacture in which all the materials used are classified within a heading other than that of the product

ex Chapter 48
Paper and paperboard; articles of paper pulp, of paper or of paperboard; except for
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 4811
Paper and paperboard, ruled, lined or squared only
Manufacture from paper-making materials of Chapter 47

4816
Carbon paper, self-copy paper and other copying or transfer papers (other than those of heading 4809), duplicator stencils and offset plates, of paper, whether or not put up in boxes
Manufacture from paper-making materials of Chapter 47

4817
Envelopes, letter cards, plain postcards and correspondence cards, of paper or paperboard; boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing an assortment of paper stationery
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex 4818
Toilet paper
Manufacture from paper-making materials of Chapter 47

ex 4819
Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibres
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex 4820
Letter pads
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

ex 4823
Other paper, paperboard, cellulose wadding and webs of cellulose fibres, cut to size or shape
Manufacture from paper-making materials of Chapter 47

ex Chapter 49
Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

4909
Printed or illustrated postcards; printed cards bearing personal greetings, messages or announcements, whether or not illustrated, with or without envelopes or trimmings
Manufacture from materials of any heading, except those of heading 4909 or 4911

4910
Calendars of any kind, printed, including calendar blocks:

– calendars of the ‘perpetual’ type or with replaceable blocks mounted on bases other than paper or paperboard
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

– other
Manufacture from materials of any heading, except those of heading 4909 or 4911

ex Chapter 50
Silk; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 5003
Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), carded or combed
Carding or combing of silk waste

5004 to ex 5006
Silk yarn and yarn spun from silk waste
Manufacture from (19):
—
raw silk or silk waste carded or combed or otherwise prepared for spinning,
—
other natural fibres not carded or combed or otherwise prepared for spinning,
—
chemical materials or textile pulp, or
—
paper-making materials

5007
Woven fabrics of silk or of silk waste:
Manufacture from yarn (20) 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
ex Chapter 51
Wool, fine or coarse animal hair; horsehair yarn and woven fabric; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

5106 to 5110
Yarn of wool, of fine or coarse animal hair or of horsehair
Manufacture from (21):
—
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

5111 to 5113
Woven fabrics of wool, of fine or coarse animal hair or of horsehair:
Manufacture from yarn (22) 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
ex Chapter 52
Cotton; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

5204 to 5207
Yarn and thread of cotton
Manufacture from (23):
—
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

5208 to 5212
Woven fabrics of cotton:
Manufacture from yarn (24) 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
ex Chapter 53
Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

5306 to 5308
Yarn of other vegetable textile fibres; paper yarn
Manufacture from (25):
—
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

5309 to 5311
Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn:
Manufacture from yarn (26) 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
5401 to 5406
Yarn, monofilament and thread of man-made filaments
Manufacture from (27):
—
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

5407 and 5408
Woven fabrics of man-made filament yarn
Manufacture from yarn (28) 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
5501 to 5507
Man-made staple fibres
Manufacture from chemical materials or textile pulp

5508 to 5511
Sewing thread of man-made staple fibres
Manufacture from (29):
—
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

5512 to 5516
Woven fabrics of man-made staple fibres:
Manufacture from yarn (30) 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), where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product
ex Chapter 56
Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof; except for:
Manufacture from (31):
—
coir yarn,
—
natural fibres,
—
chemical materials or textile pulp, or
—
paper-making materials

5602
Felt, whether or not impregnated, coated, covered or laminated:

– needleloom felt
Manufacture from (32):
—
natural fibres,
—
chemical materials or textile pulp

– other
Manufacture from (33):
—
natural fibres,
—
man-made staple fibres, or
—
chemical materials or textile pulp

5604
Rubber thread and cord, textile covered; textile yarn, and strip and the like of heading 5404 or 5405, impregnated, coated, covered or sheathed with rubber or plastics:

– rubber thread and cord, textile covered
Manufacture from rubber thread or cord, not textile covered

– other
Manufacture from (34):
—
natural fibres, not carded or combed or otherwise prepared for spinning;
—
chemical materials or textile pulp, or
—
paper-making materials

5605
Metallised yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the form of thread, strip or powder or covered with metal
Manufacture from (35):
—
natural fibres,
—
man-made staple fibres not carded or combed or otherwise processed for spinning,
—
chemical materials or textile pulp, or
—
paper-making materials

5606
Gimped yarn, and strip and the like of heading 5404 or 5405, gimped (other than those of heading 5605 and gimped horsehair yarn); chenille yarn (including flock chenille yarn); loop wale-yarn
Manufacture from (36):
—
natural fibres,
—
man-made staple fibres not carded or combed or otherwise processed for spinning;
—
chemical materials or textile pulp, or
—
paper-making materials

Chapter 57
Carpets and other textile floor coverings:

– of needleloom felt
Manufacture from (37):
—
natural fibres, or
—
chemical materials or textile pulp
However, jute fabric may be used as a backing

– of other felt
Manufacture from (38):
—
natural fibres not carded or combed or otherwise processed for spinning, or
—
chemical materials or textile pulp

– Other
Manufacture from yarn (39) However, jute fabric may be used as a backing

ex Chapter 58
Special woven fabrics; tufted textile fabrics; tapestries; trimmings; embroidery; except for:
Manufacture from yarn (40) 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
5805
Hand-woven tapestries of the type Gobelins, Flanders, Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made-up
Manufacture in which all the materials used are classified within a heading other than that of the product

5810
Embroidery in the piece, in strips or in motifs
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

5901
Textile fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books or the like; tracing cloth; prepared painting canvas; buckram and similar stiffened textile fabrics of a kind used for hat foundations
Manufacture from yarn

5902
Tyre cord fabric of high-tenacity yarn of nylon or other polyamides, polyesters or viscose rayon
Manufacture from yarn

5903
Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902
Manufacture from yarn
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), where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product
5904
Linoleum, whether or not cut to shape; floor coverings consisting of a coating or covering applied on a textile backing, whether or not cut to shape
Manufacture from yarn (41)
5905
Textile wall coverings:
Manufacture from yarn
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), where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product
5906
Rubberised textile fabrics, other than those of heading 5902
Manufacture from yarn

5907
Textile fabrics otherwise impregnated, coated or covered; painted canvas, being theatrical scenery, studio back-cloths or the like
Manufacture from yarn
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), where the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product
5908
Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric therefor, whether or not impregnated:

– incandescent gas mantles, impregnated
Manufacture from tubular knitted gas mantle fabric

– Other
Manufacture in which all the materials used are classified within a heading other than that of the product

5909 to 5911
Textile articles of a kind suitable for industrial use:

– Polishing discs or rings other than of felt of heading 5911
Manufacture from yarn or waste fabrics or rags of heading 6310

– Woven fabrics, of a kind commonly used in papermaking or other technical uses, felted or not, whether or not impregnated or coated, tubular or endless with single or multiple warp and/or weft, or flat woven with multiple warp and/or weft of heading 5911
Manufacture from (42):
yarn

– Other
Manufacture from (43):
yarn

Chapter 60
Knitted or crocheted fabrics
Manufacture from yarn (44)
Chapter 61
Articles of apparel and clothing accessories, knitted or crocheted:

– obtained by sewing together or otherwise assembling two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form
Manufacture from fabric

– other
Manufacture from yarn (45)
ex Chapter 62
Articles of apparel and clothing accessories, not knitted or crocheted; except for:
Manufacture from fabric

6213 and
6214
Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like:

– embroidered
Manufacture from yarn (46) (47) Manufacture from unembroidered fabric, provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product (48)
– other
Manufacture from yarn (49) (50) 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) where the value of 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
Manufacture from yarn (51) Manufacture from unembroidered fabric, provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product (52)
– fire-resistant equipment of fabric covered with foil of aluminised polyester
Manufacture from yarn (53) Manufacture from uncoated fabric, provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product (54)
– interlinings for collars and cuffs, cut out
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex Chapter 63
Other made-up textile articles; sets; worn clothing and worn textile articles; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

6301 to 6304
Blankets, travelling rugs, bed linen, etc.; curtains etc.; other furnishing articles:

– of felt, of non-wovens
Manufacture from (55):
—
natural fibres; or
—
chemical materials or textile pulp

– other:

— embroidered
Manufacture from yarn (56) (57) Manufacture from unembroidered fabric (other than knitted or crocheted) provided the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product

— other
Manufacture from yarn (58) (59)
6305
Sacks and bags, of a kind used for the packing of goods.
Manufacture from yarn (60)
6306
Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods
Manufacture from fabric

6307
Other made-up articles, including dress patterns
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

6308
Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered tablecloths or serviettes, or similar textile articles, put up in packings for retail sale
Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated provided their total value does not exceed 25 % of the ex-works price of the set

ex Chapter 64
Footwear, gaiters and the like; except for:
Manufacture from materials of any heading, except from assemblies of uppers affixed to inner soles or to other sole components of heading 6406

6406
Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable insoles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof
Manufacture in which all the materials used are classified within a heading other than that of the product

ex Chapter 65
Headgear and parts thereof; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

6505
Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hairnets of any material, whether or not lined or trimmed
Manufacture from yarn or textile fibres (61)
ex Chapter 66
Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops, and parts thereof; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

6601
Umbrellas and sun umbrellas (including walking-stick umbrellas, garden umbrellas and similar umbrellas)
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

Chapter 67
Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair
Manufacture in which all the materials used are classified within a heading other than that of the product

ex Chapter 68
Articles of stone, plaster, cement, asbestos, mica or similar materials; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 6803
Articles of slate or of agglomerated slate
Manufacture from worked slate

ex 6812
Articles of asbestos; articles of mixtures with a basis of asbestos or of mixtures with a basis of asbestos and magnesium carbonate
Manufacture from materials of any heading

ex 6814
Articles of mica, including agglomerated or reconstituted mica, on a support of paper, paperboard or other materials
Manufacture from worked mica (including agglomerated or reconstituted mica)

Chapter 69
Ceramic products
Manufacture in which all the materials used are classified within a heading other than that of the product

ex Chapter 70
Glass and glassware; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 7003
ex 7004 and
ex 7005
Glass with a non-reflecting layer
Manufacture from materials of heading 7001

7006
Glass of heading 7003, 7004 or 7005, bent, edge-worked, engraved, drilled, enamelled or otherwise worked, but not framed or fitted with other materials:

– glass-plate substrates, coated with a dielectric thin film, and of a semiconductor grade in accordance with SEMII-standards (62) Manufacture from materials of heading 7006

– other
Manufacture from materials of heading 7001

7007
Safety glass, consisting of toughened (tempered) or laminated glass
Manufacture from materials of heading 7001

7008
Multiple-walled insulating units of glass
Manufacture from materials of heading 7001

7009
Glass mirrors, whether or not framed, including rear-view mirrors
Manufacture from materials of heading 7001

7010
Carboys, bottles, flasks, jars, pots, phials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass
Manufacture in which all the materials used are classified within a heading other than that of the product
or
Cutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the product

7013
Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018)
Manufacture in which all the materials used are classified within a heading other than that of the product
or
Cutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the product
or
Hand-decoration (except silk-screen printing) of hand-blown glassware, provided that the total value of the hand-blown glassware used does not exceed 50 % of the ex-works price of the product

ex 7019
Articles (other than yarn) of glass fibres
Manufacture from:
—
uncoloured slivers, rovings, yarn or chopped strands, or
—
glass wool

ex Chapter 71
Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 7101
Natural or cultured pearls, graded and temporarily strung for convenience of transport
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

ex 7102,
ex 7103 and
ex 7104
Worked precious or semi-precious stones (natural, synthetic or reconstructed)
Manufacture from unworked precious or semi-precious stones

7106, 7108 and 7110
Precious metals:

– unwrought
Manufacture from materials not classified in heading 7106, 7108 or 7110
or
Electrolytic, thermal or chemical separation of precious metals of heading 7106, 7108 or 7110
or
Alloying of precious metals of heading 7106, 7108 or 7110 with each other or with base metals

– semi-manufactured or in powder form
Manufacture from unwrought precious metals

ex 7107,
ex 7109 and
ex 7111
Metals clad with precious metals, semi-manufactured
Manufacture from metals clad with precious metals, unwrought

7116
Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed)
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

7117
Imitation jewellery
Manufacture in which all the materials used are classified within a heading other than that of the product
or
Manufacture from base metal parts, not plated or covered with precious metals, provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex Chapter 72
Iron and steel; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

7207
Semi-finished products of iron or non-alloy steel
Manufacture from materials of heading 7201, 7202, 7203, 7204 or 7205

7208 to 7216
Flat-rolled products, bars and rods, angles, shapes and sections of iron or non-alloy steel
Manufacture from ingots or other primary forms of heading 7206

7217
Wire of iron or non-alloy steel
Manufacture from semi-finished materials of heading 7207

ex 7218, 7219 to 7222
Semi-finished products, flat-rolled products, bars and rods, angles, shapes and sections of stainless steel
Manufacture from ingots or other primary forms of heading 7218

7223
Wire of stainless steel
Manufacture from semi-finished materials of heading 7218

ex 7224, 7225 to 7228
Semi-finished products, flat-rolled products, hot-rolled bars and rods, in irregularly wound coils; hollow drill bars and rods, of alloy or non-alloy steel
Manufacture from ingots or other primary forms of heading 7206, 7218 or 7224

7229
Wire of other alloy steel
Manufacture from semi-finished materials of heading 7224

ex Chapter 73
Articles of iron or steel; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 7301
Sheet piling
Manufacture from materials of heading 7206

7302
Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole pates (base plates), rail clips, bedplates, ties and other material specialised for jointing or fixing rails
Manufacture from materials of heading 7206

7304, 7305 and 7306
Tubes, pipes and hollow profiles, of iron (other than cast iron) or steel
Manufacture from materials of heading 7206, 7207, 7218 or 7224

ex 7307
Tube or pipe fittings of stainless steel (ISO No X5CrNiMo 1712), consisting of several parts
Turning, drilling, reaming, threading, deburring and sandblasting of forged blanks, the value of which does not exceed 35 % of the ex-works price of the product

7308
Structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel
Manufacture in which all the materials used are classified within a heading other than that of the product. However, welded angles, shapes and sections of heading 7301 may not be used

ex 7315
Skid chain
Manufacture in which the value of all the materials of heading 7315 used does not exceed 50 % of the ex-works price of the product

ex Chapter 74
Copper and articles thereof; except for:
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

7401
Copper mattes; cement copper (precipitated copper)
Manufacture in which all the materials used are classified within a heading other than that of the product

7402
Unrefined copper; copper anodes for electrolytic refining
Manufacture in which all the materials used are classified within a heading other than that of the product

7403
Refined copper and copper alloys, unwrought:

– refined copper
Manufacture in which all the materials used are classified within a heading other than that of the product

– copper alloys and refined copper containing other elements, unwrought
Manufacture from refined copper, unwrought, or waste and scrap of copper

7404
Copper waste and scrap
Manufacture in which all the materials used are classified within a heading other than that of the product

7405
Master alloys of copper
Manufacture in which all the materials used are classified within a heading other than that of the product

ex Chapter 75
Nickel and articles thereof; except for:
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

7501 to 7503
Nickel mattes, nickel oxide sinters and other intermediate products of nickel metallurgy; unwrought nickel; nickel waste and scrap
Manufacture in which all the materials used are classified within a heading other than that of the product

ex Chapter 76
Aluminium and articles thereof; except for:
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

7601
Unwrought aluminium
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

or
Manufacture by thermal or electrolytic treatment from unalloyed aluminium or waste and scrap of aluminium

7602
Aluminium waste and scrap
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 7616
Aluminium articles other than gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, and expanded metal of aluminium
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product; However, gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials (including endless bands) of aluminium wire, or expanded metal of aluminium may be used; and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

Chapter 77
Reserved for possible future use in the HS

ex Chapter 78
Lead and articles thereof; except for:
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

7801
Unwrought lead

– refined lead
Manufacture from ‘bullion’ or ‘work’ lead

– other
Manufacture in which all the materials used are classified within a heading other than that of the product. However, waste and scrap of heading 7802 may not be used

7802
Lead waste and scrap
Manufacture in which all the materials used are classified within a heading other than that of the product

ex Chapter 79
Zinc and articles thereof; except for:
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

7901
Unwrought zinc
Manufacture in which all the materials used are classified within a heading other than that of the product. However, waste and scrap of heading 7902 may not be used

7902
Zinc waste and scrap
Manufacture in which all the materials used are classified within a heading other than that of the product

ex Chapter 80
Tin and articles thereof; except for:
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

8001
Unwrought tin
Manufacture in which all the materials used are classified within a heading other than that of the product. However, waste and scrap of heading 8002 may not be used

8002 and 8007
Tin waste and scrap; other articles of tin
Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 81
Other base metals; cermets; articles thereof:

– other base metals, wrought; articles thereof
Manufacture in which the value of all the materials classified within the same heading as the product used does not exceed 50 % of the ex-works price of the product

– other
Manufacture in which all the materials used are classified within a heading other than that of the product

ex Chapter 82
Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

8206
Tools of two or more of headings 8202 to 8205, put up in sets for retail sale
Manufacture in which all the materials used are classified in a heading other than headings 8202 to 8205. However, tools of headings 8202 to 8205 may be incorporated into the set provided their value does not exceed 15 % of the ex-works price of the set

8207
Interchangeable tools for hand tools, whether or not power-operated, or for machine-tools (for example, for pressing, stamping, punching, tapping, threading, drilling, boring, broaching, milling, turning, or screwdriving), including dies for drawing or extruding metal, and rock drilling or earth boring tools
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product

8208
Knives and cutting blades, for machines or for mechanical appliances
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product

ex 8211
Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208
Manufacture in which all the materials used are classified within a heading other than that of the product. However, knife blades and handles of base metal may be used

8214
Other articles of cutlery (for example, hair clippers, butchers’ or kitchen cleavers, choppers and mincing knives, paper knives); manicure or pedicure sets and instruments (including nail files)
Manufacture in which all the materials used are classified within a heading other than that of the product. However, handles of base metal may be used

8215
Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware
Manufacture in which all the materials used are classified within a heading other than that of the product. However, handles of base metal may be used

ex Chapter 83
Miscellaneous articles of base metal; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 8302
Other mountings, fittings and similar articles suitable for buildings, and automatic door closers
Manufacture in which all the materials used are classified within a heading other than that of the product. However, the other materials of heading 8302 may be used provided their value does not exceed 20 % of the ex-works price of the product

ex 8306
Statuettes and other ornaments, of base metal
Manufacture in which all the materials used are classified within a heading other than that of the product. However, the other materials of heading 8306 may be used provided their value does not exceed 30 % of the ex-works price of the product

ex Chapter 84
Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof; except for:
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
ex 8401
Nuclear fuel elements
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the finished product

8402
Steam or other vapour generating boilers (other than central heating hot water boilers capable also of producing low pressure steam); super-heated water boilers
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
8403 and ex 8404
Central heating boilers other than those of heading 8402 and auxiliary plant for central heating boilers
Manufacture in which all the materials used are classified in a heading other than heading 8403 or 8404
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8406
Steam turbines and other vapour turbines
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

8407
Spark-ignition reciprocating or rotary internal combustion piston engines
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

8408
Compression-ignition internal combustion piston engines (diesel or semi-diesel engines
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

8409
Parts suitable for use solely or principally with the engines of heading 8407 or 8408
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

8411
Turbo-jets, turbo-propellers and other gas turbines
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
8412
Other engines and motors
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

ex 8413
Rotary positive displacement pumps
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
ex 8414
Industrial fans, blowers and the like
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
8415
Air-conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

8418
Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air-conditioning machines of heading 8415
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product;
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of the originating materials used
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
ex 8419
Machines for wood, paper pulp, paper and paperboard industries
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
8420
Calendering or other rolling machines, other than for metals or glass, and cylinders therefor
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
8423
Weighing machinery (excluding balances of a sensitivity of 5 cg or better), including weight-operated counting or checking machines; weighing machine weights of all kinds
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
8425 to 8428
Lifting, handling, loading or unloading machinery
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
where, within the above limit, the materials classified in heading 8431 are only used up to a value of 10 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
8429
Self-propelled bulldozers, angledozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and road rollers:

– road rollers
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

– other
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the materials classified in heading 8431 are only used up to a value of 10 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
8430
Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; pile-drivers and pile-extractors; snow-ploughs and snow-blowers
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the value of the materials classified within heading 8431 are only used up to a value of 10 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
ex 8431
Parts suitable for use solely or principally with road rollers
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

8439
Machinery for making pulp of fibrous cellulosic material or for making or finishing paper or paperboard
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
8441
Other machinery for making up paper pulp, paper or paperboard, including cutting machines of all kinds
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the materials classified within the same heading as the product are only used up to a value of 25 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
ex 8443
Office machines (for example, typewriters, calculating machines, automatic data processing machines, duplicating machines, stapling machines)
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

8444 to 8447
Machines of these headings for use in the textile industry
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

ex 8448
Auxiliary machinery for use with machines of headings 8444 and 8445
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

8452
Sewing machines, other than book-sewing machines of heading 8440; furniture, bases and covers specially designed for sewing machines; sewing machine needles:

– sewing machines (lock stitch only) with heads of a weight not exceeding 16 kg without motor or 17 kg with motor
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product,
—
where the value of all the non-originating materials used in assembling the head (without motor) does not exceed the value of the originating materials used, and
—
the thread tension, crochet and zigzag mechanisms used are originating

– other
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

ex 8456, 8457 to 8465 and ex 8466
Machine-tools and machines and their parts and accessories of headings 8456 to 8466; except for:
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

– water-jet cutting machines;
—
parts and accessories of water-jet cutting machines
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
8469 to 8472
Office machines (for example, typewriters, calculating machines, automatic data processing machines, duplicating machines, stapling machines)
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

8480
Moulding boxes for metal foundry; mould bases; moulding patterns; moulds for metal (other than ingot moulds), metal carbides, glass, mineral materials, rubber or plastics
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

8482
Ball or roller bearings
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
8484
Gaskets and similar joints of metal sheeting; sets or assortments of gaskets and similar joints, dissimilar in composition, put up in pouches, envelopes or similar packings; mechanical seals
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

ex 8486
Machine tools for working any material by removal of material, by laser or other light or photon beam, ultrasonic, electrodischarge, electrochemical, electron beam, ionic-beam or plasma arc processes and parts and accessories thereof
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

– Machine tools (including presses) for working metal by bending, folding, straightening, flattening, and parts and accessories thereof
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

– Machine tools for working stone, ceramics, concrete, asbestos-cement or like mineral materials or for cold working glass and parts and accessories thereof
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

– Marking-out instruments which are pattern generating apparatus of a kind used for producing masks or reticles from photoresist coated substrates; parts and accessories thereof
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

– Moulds, injection or compression types
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

– Lifting, handling, loading or unloading machinery
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the materials classified in heading 8431 are only used up to a value of 10 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
8487
Machinery parts, not containing electrical connectors, insulators, coils, contacts or other electrical features, not specified or included elsewhere in this Chapter
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

ex Chapter 85
Electrical machinery and equipment and parts thereof; sound recorders and reproducers; television image and sound recorders and reproducers, and parts and accessories of such articles; except for:
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
8501
Electric motors and generators (excluding generating sets)
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
where, within the above limit, the materials classified in heading 8503 are only used up to a value of 10 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
8502
Electric generating sets and rotary converters
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the materials classified within heading 8501 or 8503, taken together, are only used up to a value of 10 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
ex 8504
Power supply units for automatic data-processing machines
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

ex 8517
Other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of all the originating materials used
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
ex 8518
Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures; audio-frequency electric amplifiers; electric sound amplifier sets
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of all the originating materials used
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
8519
Sound recording or reproducing apparatus
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of all the originating materials used
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
8521
Video recording or reproducing apparatus
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of all the originating materials used
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
8522
Parts and accessories suitable for use solely or principally with the apparatus of heading 8519 or 8521
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

8523
Discs, tapes, solid-state non-volatile storage devices, ‘smart cards’ and other media for the recording of sound or of other phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of Chapter 37:

– Unrecorded discs, tapes, solid-state non-volatile storage devices and other media for the recording of sound or of other phenomena, but excluding products of Chapter 37
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

– Recorded discs, tapes, solid-state non-volatile storage devices and other media for the recording of sound or of other phenomena, but excluding products of Chapter 37
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the materials classified in heading 8523 are only used up to a value of 10 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products

– Matrices and masters for the production of discs, but excluding products of Chapter 37
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

– Proximity cards and ‘smart cards’ with two or more electronic integrated circuits
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products

– ‘Smart cards’ with one electronic integrated circuit
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
8525
Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; digital cameras and video camera recorders
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of all the originating materials used
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
8526
Radar apparatus, radio navigational aid apparatus and radio remote control apparatus
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of all the originating materials used
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
8527
Reception apparatus for radio-broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of all the originating materials used
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
8528
Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus:

– Monitors and projectors, not incorporating television reception apparatus, of a kind solely or principally used in an automatic data-processing system of heading 8471
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

– Other monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of all the originating materials used
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
8529
Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528:

– suitable for use solely or principally with video recording or reproducing apparatus
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

– suitable for use solely or principally with monitors and projectors, not incorporating television reception apparatus, of a kind solely or principally used in an automatic data-processing system of heading 8471
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products

– Other
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of all the originating materials used
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
8535
Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, fuses, lightning arresters, voltage limiters, surge suppressors, plugs and other connectors, junction boxes), for a voltage exceeding 1 000 V
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
where, within the above limit, the materials classified in heading 8538 are only used up to a value of 10 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
8536
Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp holders and other connectors, junction boxes), for a voltage not exceeding 1 000 V; connectors for optical fibres, optical fibre bundles or cables:

– Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits for a voltage not exceeding 1 000 V
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the materials classified in heading 8538 are only used up to a value of 10 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product

– Connectors for optical fibres, optical fibre bundles or cables:

— of plastics
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

— of ceramics
Manufacture in which all the materials used are classified within a heading other than that of the product

— of copper
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product;
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

8537
Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of Chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the materials classified in heading 8538 are only used up to a value of 10 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
ex 8541
Diodes, transistors and similar semi-conductor devices, except wafers not yet cut into chips
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
8542
Electronic integrated circuits:

– monolithic integrated circuits
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

– multichips which are parts of machinery or apparatus, not specified or included elsewhere in this Chapter
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

– other
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product
8544
Insulated (including enamelled or anodised) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

8545
Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

8546
Electrical insulators of any material
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

8547
Insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating material apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly, other than insulators of heading 8546; electrical conduit tubing and joints therefor, of base metal lined with insulating material
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

8548
Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified or included elsewhere in this chapter:

– Electronic microassemblies
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the materials classified within heading 8541 or 8542, taken together, are only used up to a value of 10 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

– Other
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

ex Chapter 86
Railway or tramway locomotives, rolling-stock and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds; except for:
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

8608
Railway or tramway track fixtures and fittings; mechanical (including electromechanical) signalling, safety or traffic control equipment for railways, tramways, roads, inland waterways, parking facilities, port installations or airfields; parts of the foregoing
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
ex Chapter 87
Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof; except for:
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

8709
Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms; parts of the foregoing vehicles
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
8710
Tanks and other armoured fighting vehicles, motorised, whether or not fitted with weapons, and parts of such vehicles
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
8711
Motor-cycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars:

– with reciprocating internal combustion piston engine of a cylinder capacity:

— not exceeding 50 cc
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of all the originating materials used
Manufacture in which the value of all the materials used does not exceed 20 % of the ex-works price of the products

— exceeding 50 cc
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of all the originating materials used
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the product

– other
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of all the originating materials used
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
ex 8712
Bicycles without ball bearings
Manufacture from materials of any heading, except those of heading 8714
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
8715
Baby carriages and parts thereof
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
8716
Trailers and semi-trailers; other vehicles, not mechanically propelled; parts thereof
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
ex Chapter 88
Aircraft, spacecraft, and parts thereof; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex 8804
Rotochutes
Manufacture from materials of any heading, including other materials of heading 8804
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
8805
Aircraft launching gear; deck-arrestor or similar gear; ground flying trainers; parts of the foregoing articles.
Manufacture in which all the materials used are classified within a heading other than that of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
Chapter 89
Ships, boats and floating structures
Manufacture in which all the materials used are classified within a heading other than that of the product. However, hulls of heading 8906 may not be used
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products
ex Chapter 90
Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof; except for:
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
9001
Optical fibres and optical fibre bundles; optical fibre cables other than those of heading 8544; sheets and plates of polarising material; lenses (including contact lenses), prisms, mirrors and other optical elements, of any material, unmounted, other than such elements of glass not optically worked
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

9002
Lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other than such elements of glass not optically worked
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

9004
Spectacles, goggles and the like, corrective, protective or other
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

ex 9005
Binoculars, monoculars, other optical telescopes, and mountings therefor
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product;
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of the originating materials used
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
ex 9006
Photographic (other than cinematographic) cameras; photographic flashlight apparatus and flashbulbs other than electrically ignited flashbulbs
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product;
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of the originating materials used
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
9007
Cinematographic cameras and projectors, whether or not incorporating sound recording or reproducing apparatus
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product;
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of the originating materials used
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
9011
Compound optical microscopes, including those for photomicrography, cinephotomicrography or microprojection
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product;
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of the originating materials used
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
ex 9014
Other navigational instruments and appliances
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

9015
Surveying (including photogrammetrical surveying), hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

9016
Balances of a sensitivity of 5 cg or better, with or without weights
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

9017
Drawing, marking-out or mathematical calculating instruments (for example, drafting machines, pantographs, protractors, drawing sets, slide rules, disc calculators); instruments for measuring length, for use in the hand (for example, measuring rods and tapes, micrometers, callipers), not specified or included elsewhere in this Chapter
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

9018
Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electromedical apparatus and sight-testing instruments:

– Dentists’ chairs incorporating dental appliances
Manufacture from materials of any heading, including other materials of heading 9018
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

– Other
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
9019
Mechano-therapy appliances; massage apparatus; psychological aptitude-testing apparatus; ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
9020
Other breathing appliances and gas masks, excluding protective masks having neither mechanical parts nor replaceable filters
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 25 % of the ex-works price of the products
9024
Machines and appliances for testing the hardness, strength, compressibility, elasticity or other mechanical properties of materials (for example, metals, wood, textiles, paper, plastics)
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

9025
Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

9026
Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading 9014, 9015, 9028 or 9032
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

9027
Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

9028
Gas, liquid or electricity supply or production meters, including calibrating meters therefor:

– Parts and accessories
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

– Other
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of all the originating materials used
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
9029
Revolution counters, production counters, taximeters, milometers, pedometers and the like; speed indicators and tachometers, other than those of heading 9014 or 9015; stroboscopes
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

9030
Oscilloscopes, spectrum analysers and other instruments and apparatus for measuring or checking electrical quantities; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionising radiations
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

9031
Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this Chapter; profile projectors
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

9032
Automatic regulating or controlling instruments and apparatus
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

9033
Parts and accessories (not specified or included elsewhere in this Chapter) for machines, appliances, instruments or apparatus of Chapter 90
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

ex Chapter 91
Clocks and watches and parts thereof; except for:
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

9105
Other clocks
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of all the originating materials used
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
9109
Clock movements, complete and assembled
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
the value of all the non-originating materials used does not exceed the value of all the originating materials used
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product
9110
Complete watch or clock movements, unassembled or partly assembled (movement sets); incomplete watch or clock movements, assembled; rough watch or clock movements
Manufacture:
—
in which the value of all the materials used does not exceed 40 % of the ex-works price of the product, and
—
where, within the above limit, the materials classified in heading 9114 are only used up to a value of 10 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
9111
Watch cases and parts thereof
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
9112
Clock cases and cases of a similar type for other goods of this Chapter, and parts thereof
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 40 % of the ex-works price of the product
Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the products
9113
Watch straps, watch bands and watch bracelets, and parts thereof:

– of base metal, whether or not gold- or silver-plated, or of metal clad with precious metal
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

– Other
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

Chapter 92
Musical instruments; parts and accessories of such articles
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

Chapter 93
Arms and ammunition; parts and accessories thereof
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

ex Chapter 94
Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
ex 9401 and ex 9403
Base metal furniture, incorporating unstuffed cotton cloth of a weight of 300 g/m2 or less
Manufacture in which all the materials used are classified within a heading other than that of the product
or
manufacture from cotton cloth already made up in a form ready for use of heading 9401 or 9403, provided:
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the products

—
its value does not exceed 25 % of the ex-works price of the product, and
—
all the other materials used are originating and are classified in a heading other than heading 9401 or 9403

9405
Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

9406
Prefabricated buildings
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

ex Chapter 95
Toys, games and sports requisites; parts and accessories thereof; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 9503
Other toys; reduced-size (‘scale’) models and similar recreational models, working or not; puzzles of all kinds
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex 9506
Golf clubs and parts thereof
Manufacture in which all the materials used are classified within a heading other than that of the product. However, roughly-shaped blocks for making golf-club heads may be used

ex Chapter 96
Miscellaneous manufactured articles; except for:
Manufacture in which all the materials used are classified within a heading other than that of the product

ex 9601 and ex 9602
Articles of animal, vegetable or mineral carving materials
Manufacture from ‘worked’ carving materials of the same heading

ex 9603
Brooms and brushes, (except for besoms and the like and brushes made from marten or squirrel hair), hand-operated mechanical floor sweepers, not motorised, paint pads and rollers; squeegees (other than roller squeegees).
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the products

9605
Travel sets for personal toilet, sewing or shoe or clothes cleaning
Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated provided their total value does not exceed 15 % of the ex-works price of the set

9606
Buttons, press-fasteners, snap-fasteners and press-studs, button moulds and other parts of these articles; button blanks
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

9608
Ball-point pens; felt-tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating stylos; propelling or sliding pencils; pen-holders, pencil-holders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading 9609
Manufacture in which all the materials used are classified within a heading other than that of the product.
However, nibs or nib-points classified within the same heading may be used

9612
Typewriter or similar ribbons, inked or otherwise prepared for giving impressions, whether or not on spools or in cartridges; ink-pads, whether or not inked, with or without boxes
Manufacture in which:
—
all the materials used are classified within a heading other than that of the product, and
—
the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex 9613
Lighters with piezo-igniter
Manufacture in which the value of all the materials of heading 9613 used does not exceed 30 % of the ex-works price of the product

ex 9614
Smoking pipes and pipe bowls
Manufacture from roughly shaped blocks

Chapter 97
Works of art, collectors’ pieces and antiques
Manufacture in which all the materials used are classified within a heading other than that of the product

(1) For the special conditions relating to ‘specific processes’, see Introductory Notes 7.1 and 7.3.

(2) For the special conditions relating to ‘specific processes’, see Introductory Note 7.2.

(3) For the special conditions relating to ‘specific processes’, see Introductory Note 7.2.

(4) For the special conditions relating to ‘specific processes’, see Introductory Note 7.2.

(5) For the special conditions relating to ‘specific processes’, see Introductory Notes 7.1 and 7.3.

(6) For the special conditions relating to ‘specific processes’, see Introductory Notes 7.1 and 7.3.

(7) For the special conditions relating to ‘specific processes’, see Introductory Notes 7.1 and 7.3.

(8) For the special conditions relating to ‘specific processes’, see Introductory Notes 7.1 and 7.3.

(9) For the special conditions relating to ‘specific processes’, see Introductory Notes 7.1 and 7.3.

(10) Note 3 to Chapter 32 says that these preparations are those of a kind used for colouring any material or used as ingredients in the manufacturing of colouring preparations, provided they are not classified in another heading in Chapter 32.

(11) A ‘group’ is regarded as any part of the heading separated from the rest by a semi-colon.

(12) For the special conditions relating to ‘specific processes’, see Introductory Notes 7.1 and 7.3.

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

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

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

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

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

(18) 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 %.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(47) See Introductory Note 6.

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

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

(50) See Introductory Note 6.

(51) See Introductory Note 6.

(52) See Introductory Note 6.

(53) See Introductory Note 6.

(54) See Introductory Note 6.

(55) See Introductory Note 6.

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

(57) For knitted or crocheted articles, not elastic or rubberised, obtained by sewing or assembling pieces of knitted or crocheted fabrics (cut out or knitted directly to shape), see Introductory Note 6.

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

(59) For knitted or crocheted articles, not elastic or rubberised, obtained by sewing or assembling pieces of knitted or crocheted fabrics (cut out or knitted directly to shape), see Introductory Note 6.

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

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

(62) SEMII-Semiconductor Equipment and Materials Institute Incorporated.

Common provisions

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

1. For the products listed in the table below, the following rules may also apply instead of the rules set out in Annex II.

2. A proof of origin issued or made out pursuant to this Annex shall bear the following entry in English or in French:
‘Derogation – Annex II A to Protocol … – Materials of HS heading No … originating from … used.’

‘Dérogation – Annexe II A du protocole … – Matières de la position du SH no … originaires de … utilisées.’

This entry shall be recorded in box 7 of the movement certificates EUR.1 referred to in Article 19 of this Protocol, or shall be added to the origin declaration referred to in Article 22 of this Protocol.

3. The Central African States that are signatories to the Agreement and the Member States of the European Union shall each take the steps necessary to implement this Annex.

HS heading
Product description
Special derogation concerning working or processing carried out on non-originating materials that confers originating status
Chapter 2
Meat and edible meat offal
All meat and edible offal must be wholly obtained
Chapter 4
Dairy produce; birds’ eggs, natural honey, edible products of animal origin, not elsewhere specified or included
Manufacture in which:
—
all the materials of Chapter 4 used are wholly obtained
—
the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
Chapter 6
Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage
Manufacture in which all the materials of Chapter 6 used are wholly obtained
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
0812 – 0814
Fruit and nuts, provisionally preserved; fruit, dried, other than that of headings 0801 to 0806;
peel of citrus fruits or melons
Manufacture in which the content of materials of Chapter 8 used does not exceed 30 % of the weight of the final product
Chapter 9
Coffee, tea, maté and spices
Manufacture from materials of any heading
1101 – 1104
Grain mill products
Manufacture from materials of Chapter 10, except rice of heading 1006
1105 – 1109
Flour, meal, powder, flakes of potatoes, etc.; starches; inulin; wheat gluten
Manufacture in which the content of non-originating materials does not exceed 20 % by weight
or
Manufacture from materials of Chapter 10, except materials of heading 1006, in which the materials of heading 0710 and of subheading 0710 10 used are wholly obtained
Chapter 12
Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder
Manufacture from materials of any heading except that of the product
1301
Lac; natural gums, resins, gum-resins and oleoresins (for example, balsams)
Manufacture from materials of any heading
1302
Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:
—
Mucilages and thickeners, modified, derived from vegetable products
Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
1506
Other animal fats and oils and their fractions, whether or not refined, but not chemically modified
Manufacture from materials of any heading except that of the product
ex 1507 to ex 1515
Vegetable oils and their fractions:
—
Soya-bean, ground-nut, palm, coconut (copra), palm kernel, babassu, tung and oiticica oil, myrtle wax and Japan wax, fractions of jojoba oil and oils for technical or industrial uses other than the manufacture of foodstuffs for human consumption, except olive oils of headings 1509 and 1510
Manufacture from materials of any subheading except that of the product
1516
Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared
Manufacture from materials classified in a heading other than that of the product
Chapter 18
Cocoa and cocoa preparations
Manufacture:
—
from materials of any heading except that of the product
—
in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
1901
Food preparations of flour, groats, meal, starch or malt extract, not containing cocoa in more than 40 % by weight calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of heading 0401 to 0404, containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included
Manufacture:
—
from materials of any heading except that of the product
—
in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
1902
Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared
Manufacture in which:
—
the content of materials of Chapter 11 used does not exceed 20 % by weight
—
the weight of the materials of Chapters 2 and 3 used does not exceed 20 % of the weight of the final product
1903
Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms:
—
with a content of materials of heading 1108 13 (potato starch) not more than 30 % by weight
Manufacture from materials of any heading except that of the product
1904
Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals other than maize (corn) in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included
Manufacture:
—
from materials of any heading, except those of heading 1806
—
in which the content of materials of Chapter 11 used does not exceed 20 % by weight
—
in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
1905
Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products
Manufacture in which the content of materials of Chapter 11 used does not exceed 20 % by weight
ex Chapter 20
Preparations of vegetables, fruit, nuts or other parts of plants:
from materials other than of headings 2002 and 2003
Manufacture:
—
from materials of any heading except that of the product
—
in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
or
Manufacture:
—
in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
—
in which the content of materials of Chapter 17 used does not exceed 40 % of the weight of the final product
Chapter 21
Miscellaneous edible preparations
Manufacture:
—
from materials of any heading except that of the product
—
in which the content of materials of Chapters 4 and 17 used does not exceed 40 % of the weight of the final product
or
Manufacture:
—
in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
—
in which the content of materials of Chapters 4 and 17 used does not exceed 40 % of the weight of the final product
Chapter 23
Residues and waste from the food industries; prepared animal fodder
Manufacture:
—
from materials of any heading except that of the product
—
in which the maize (corn) content or the content of materials of Chapters 2, 4 and 17 used does not exceed 40 % of the weight of the final product
or
Manufacture:
—
in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
—
in which the maize (corn) content or the content of materials of Chapters 2, 4 and 17 used does not exceed 40 % of the weight of the final product
Chapter 32
Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks
Manufacture in which all the materials used are classified in a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
or
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
Chapter 33
Essential oils and resinoids; perfumery, cosmetic or toilet preparations
Manufacture in which all the materials used are classified in a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
or
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
ex Chapter 34
Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster; except:
Manufacture in which all the materials used are classified in a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
or
Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex 3404
Artificial waxes and prepared waxes:
—
with a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax
Manufacture from materials of any heading
Chapter 35
Albuminoidal substances; modified starches; glues; enzymes
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
Chapter 36
Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
Chapter 37
Photographic or cinematographic goods;
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
Chapter 38
Miscellaneous chemical products
Manufacture in which all the materials used are classified in a heading other than that of the product. However, materials classified within the same heading may be used provided their value does not exceed 20 % of the ex-works price of the product
or
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
ex 3922 to 3926
Articles of plastics
Manufacture in which all the materials used are classified in a heading other than that of the product
ex Chapter 41
Raw hides and skins (other than furskins) and leather
Manufacture in which all the materials used are classified in a heading other than that of the product
or
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
4101 – 4103
Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not dehaired or split; raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not with wool on or split, other than those excluded by Note 1(c) to Chapter 41; other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not dehaired or split, other than those excluded by Notes 1(b) or 1(c) to Chapter 41
Manufacture from materials of any heading
4104 – 4106
Tanned or crust hides and skins, without wool or hair on, whether or not split, but not further prepared
Retanning of pre-tanned leather
Chapter 42
Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut)
Manufacture in which all the materials used are classified in a heading other than that of the product
or
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
Chapter 46
Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork
Manufacture in which all the materials used are classified in a heading other than that of the product
or
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
Chapter 48
Paper and paperboard; articles of paper pulp, of paper or of paperboard
Manufacture in which all the materials used are classified in a heading other than that of the product
or
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
ex 6117
Other made-up clothing accessories; knitted or crocheted parts of garments or of clothing accessories
Spinning of natural and/or man-made staple fibres, or extrusion of man-made filament yarn, accompanied by knitting (knitted-to-shape products)
or
Dyeing of yarn of natural fibres accompanied by knitting (knitted-to-shape products)
6213 and 6214
Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like:
—
Embroidered
—
Other
Weaving accompanied by making-up (including cutting)
or
Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product
or
Making-up preceded 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 the unprinted fabric used does not exceed 47.5 % of the ex-works price of the product
Weaving accompanied by making-up (including cutting)
or
Making-up preceded by printing accompanied by at least two preparatory 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
6307
Other made-up articles, including dress patterns
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
6308
Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered tablecloths or serviettes, or similar textile articles, put up in packings for retail sale
Each item of the set must satisfy the rule which would apply to it if it were not included in the set. However, the value of the non-originating articles must not exceed 35 % of the ex-works price of the set
ex Chapter 64
Footwear, gaiters and the like
Manufacture from materials of any heading, except from assemblies of uppers affixed to inner soles or to other sole components
Chapter 69
Ceramic products
Manufacture in which all the materials used are classified in a heading other than that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 71
Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin; except for:
Manufacture in which all the materials used are classified in a heading other than that of the product
or
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
7106, 7108 and 7110
Precious metals:
—
Unwrought
—
Semi-manufactured or in powder form
Manufacture from materials of any heading, except those of headings 7106, 7108 and 7110
or
Electrolytic, thermal or chemical separation of precious metals of heading 7106, 7108 or 7110
or
Fusion and/or alloying of precious metals of heading 7106, 7108 or 7110 with each other or with base metals
Manufacture from unwrought precious metals
7115
Other articles of precious metal or of metal clad with precious metal
Manufacture from materials of any heading except that of the product
Chapter 83
Miscellaneous articles of base metal
Manufacture in which all the materials used are classified in a heading other than that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex 8302
Other mountings, fittings and similar articles suitable for buildings, and automatic door closers
Manufacture in which all the materials used are classified in a heading other than that of the product. However, the other materials of heading 8302 may be used provided their value does not exceed 30 % of the ex-works price of the product
ex 8306
Statuettes and other ornaments, of base metal
Manufacture in which all the materials used are classified in a heading other than that of the product. However, the other materials of heading 8306 may be used provided their value does not exceed 40 % of the ex-works price of the product
Chapter 84
Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof
Manufacture in which all the materials used are classified in a heading other than that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 85
Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 87
Vehicles other than railway or tramway rolling stock, and parts and accessories thereof
Manufacture in which all the materials used are classified in a heading other than that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 94
Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings
Manufacture in which all the materials used are classified in a heading other than that of the product
or
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product

1.
Movement certificates EUR.1 shall be made out on the basis of the form of which a specimen appears in this Annex. This form shall be printed in one or more of the languages in which the Agreement is drawn up. Certificates shall be made out in one of these languages and in accordance with the provisions of the domestic law of the exporting State. If they are handwritten, they shall be completed in ink in printed characters.

2.
Each certificate shall measure 210 × 297 mm; a tolerance of up to plus 8 mm or minus 5 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 60 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

3.
The exporting States may reserve the right to print the certificates themselves or may have them printed by approved printers. In the latter case, each certificate must include a reference to such approval. Each certificate must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.

4.
For the purposes of the Agreement:
—
it must be indicated in box 2 of the certificate that the certificate is used in preferential trade between the European Union and the Central Africa Party. The name of the Central African State concerned may be added in brackets after ‘Central Africa’;
—
either ‘European Union’ or ‘Central Africa’ must be indicated in boxes 4 and 5 of the certificate. The name of the Central African State concerned acceding to this Agreement may be added in brackets after ‘Central Africa’.

Bulgarian version

The origin declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

Износителят на продуктите, обхванати от този документ (митническо разрешение № … (1)) декларира, че освен кьдето е отбелязано друго, тези продукти са с … преференциален произход(2).
Spanish version
El exportador de los productos incluidos en el presente documento (autorización aduanera no … … (1).) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial … (2).
Czech version
Vývozce výrobků uvedených v tomto dokumentu (číslo povolení … (1)) prohlašuje, že kromě zřetelně označených, mají tyto výrobky preferenční původ v … (2).
Danish version
Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. … (1)), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i … (2).
German version
Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. … (1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte … (2) Ursprungswaren sind.
Estonian version
Käesoleva dokumendiga hõlmatud toodete eksportija (tolliameti kinnitus nr. … (1)) deklareerib, et need tooted on … (2) sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.
Greek version
Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ΄αριθ. … (1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (2).
English version
The exporter of the products covered by this document (customs authorization No … (1)) declares that, except where otherwise clearly indicated, these products are of … (2) preferential origin.
French version
L’exportateur des produits couverts par le présent document (autorisation douanière no … (1)) déclare que, sauf indication claire du contraire, ces produits ont l’origine préférentielle … (2)).
Croatian version
Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. … (1)) izjavljuje da su, osim ako je drukčije izričito navedeno, ovi proizvodi … (2) preferencijalnog podrijetla.
Italian version
L’esportatore delle merci contemplate nel presente documento (autorizzazione doganale n … (1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale … (2).
Latvian version
Eksportētājs produktiem, kuri ietverti šajā dokumentā (muitas pilnvara Nr. … (1)), deklarē, ka, iznemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir priekšrocību izcelsme no … (2).
Lithuanian version
Šiame dokumente išvardintų prekių eksportuotojas (muitinès liudijimo Nr … (1)) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra … (2) preferencinès kilmés prekés.
Hungarian version
A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: … (1)) kijelentem, hogy eltérő jelzés hianyában az áruk kedvezményes … (2) származásúak.
Maltese version
L-esportatur tal-prodotti koperti b’dan id-dokument (awtorizzazzjoni tad-dwana nru. … (1)) jiddikjara li, ħlief fejn indikat b’mod ċar li mhux hekk, dawn il-prodotti huma ta’ oriġini preferenzjali … (2).
Dutch version
De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. … (1)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële … oorsprong zijn(2).
Polish version
Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr … (1)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają … (2) preferencyjne pochodzenie.
Portuguese version
O exportador dos produtos cobertos pelo presente documento (autorização aduaneira no. … (1)), declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial … (2).
Romanian version
Exportatorul produselor ce fac obiectul acestui document (autorizaţia vamală nr. … (1)) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferenţială … (2).
Slovenian version
Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št … (1)) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno … (2) poreklo.
Slovak version
Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia … (1)) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v … (2).
Finnish version
Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa n:o … (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja … alkuperätuotteita (2).
Swedish version
Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr. … (1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande … ursprung(2).
…(3)

(Place and date)

…(4)
(Signature of the exporter; in addition the name of the person signing the declaration has to be indicated in clear script)

(1) When the origin declaration is made out by an exporter within the meaning of Article 22(1)(a) and (b) of this Protocol, the authorisation or identification number of that exporter must be entered in this space. When the origin declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.

(2) Origin of products to be indicated. Where the origin declaration relates, in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 41 of this Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’.

(3) These indications may be omitted if the information is contained on the document itself.

(4) See Article 22(4) of this Protocol. In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.

NOTE

I, the undersigned, declare that the goods listed on this invoice ……………………………………………………… (1) were produced in ……………………………………………………… (2) and satisfy the rules of origin governing preferential trade between the Central African States and the European Union.
I undertake to make available to the customs authorities, if required, evidence in support of this declaration.
…(3)
…(4)
…(5)

The abovementioned text, suitably completed in conformity with the footnotes below, constitutes a supplier’s declaration. The footnotes do not have to be reproduced.

(1) —
If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows: ‘… listed on this invoice and marked … were produced …’;
—
If a document other than an invoice or an annex to the invoice is used (see Article 27(5) of this Protocol), the name of the document concerned shall be mentioned instead of the word ‘invoice’.

(2) The European Union, a Member State of the European Union, a Central African State, an OCT or another ACP State having applied an EPA at least on a provisional basis. Where a Central African State, an OCT or another ACP State having applied an EPA at least on a provisional basis is given, reference must also be made to the EU customs office holding any relevant movement certificate(s) EUR.1 or EUR.2, giving the reference number(s) of the certificate(s) or form(s) concerned and, if possible, the relevant customs entry number.

(3) Place and date.

(4) Name and function in company.

(5) Signature.

NOTE

I, the undersigned, declare that the goods listed on this invoice …………………………………………………… (1) were produced ……………………………………………………… (2) and incorporate the following components or materials which do not originate in a Central African State, in another ACP State having applied an EPA at least on a provisional basis, in an OCT or in the European Union for preferential trade:

…(3) …(4) …(5)
…
…(6)
I undertake to make available to the customs authorities, if required, evidence in support of this declaration.

…(7) …(8) …(9)

The abovementioned text, suitably completed in conformity with the footnotes below, constitutes a supplier’s declaration. The footnotes do not have to be reproduced.

(1) —
If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows: ‘… listed on this invoice and marked … were produced …’.
—
If a document other than an invoice or an annex to the invoice is used (see Article 27(5) of the Protocol), the name of the document concerned should be mentioned instead of the word ‘invoice’.

(2) The European Union, a Member State of the European Union, a Central African State, an OCT or another ACP State having applied an EPA at least on a provisional basis.

(3) A description of the product is to be given in all cases. The description must be adequate and should be sufficiently detailed to allow the tariff classification of the goods concerned to be determined.

(4) Customs values to be given only if required.

(5) Country of origin to be given only if required. The origin to be given must be a preferential origin, all other origins should be given as ‘third country’.

(6) Add the following: ‘and have undergone the following processing in [the European Union] [European Union Member State] [a Central African State] [an OCT] [another ACP State having applied an EPA at least on a provisional basis]’, along with a description of the processing carried out if this information is required.

(7) Place and date.

(8) Name and function in company.

(9) Signature.

1.
The form of the information certificate given in this Annex shall be used. It shall be printed in one or more of the official languages in which the Agreement is drawn up and shall be in accordance with the provisions of the domestic law of the exporting State. Information certificates shall be completed in one of those languages. If they are handwritten, they shall be completed in ink in capital letters. They shall bear a serial number, whether or not printed, by which they can be identified.

2.
The information certificate shall measure 210 x 297 mm (A4 format) A tolerance of up to plus 8 mm or minus 5 mm in the length may be allowed. The paper must be white, sized for writing, not containing mechanical pulp and weighing not less than 65 g/m2.
3.
The national administrations may reserve the right to print the forms themselves or may have them printed by printers approved by them. In the latter case, each certificate must include a reference to such approval. The forms shall bear the name and address of the printer or a mark by which the printer can be identified.

1. Commercial description of the finished product
1.1. Customs classification (HS heading) 2. Anticipated annual quantity of exports to the European Union (weight, number of pieces, metres or other unit) 3. Commercial description of third country materials
Customs classification (HS heading) 4. Anticipated annual quantity of third country materials to be used 5. Value of third country materials 6. Ex-works value of finished product 7. Origin of third country materials 8. Reasons why the rule of origin for the finished product cannot be fulfilled 9. Commercial description of materials originating in the countries or territories referred to in Article 6 of this Protocol to be used 10. Anticipated annual quantity of materials originating in the countries or territories referred to in Article 6 of this Protocol to be used 11. Value of materials originating in the countries or territories referred to in Article 6 to be used 12. Working or processing carried out in the countries or territories referred to in Article 6 of this Protocol without obtaining origin 13. Duration requested for derogation
from ……………… to …………………… 14. Detailed description of working or processing in the Central African States 15. Capital structure of the firm concerned 16. Amount of investments made/foreseen 17. Staff employed/expected 18. Value added by the working or processing in the Central African States:
18.1. Labour:
18.2. Overheads:
18.3. Other: 19. Other possible sources of supply for materials 20. Possible developments to overcome the need for a derogation in the future 21. Remarks

NOTES
1. If the boxes in the form are not sufficient to contain all relevant information, additional pages may be attached to the form. In this case, ‘see annex’ must be indicated in the appropriate box.

2. If possible, samples or other illustrative material (pictures, designs, catalogues, etc.) of the final product and of the materials used should accompany the form.

3. A form shall be completed for each product covered by the request.
Boxes 3, 4, 5, 7: ‘third country’ means any country which is not referred to in Article 6 of the Protocol.
Box 12: If third country materials have been worked or processed in the countries or territories referred to in Article 6 of this Protocol without obtaining origin, before being further processed in the Central African States which are requesting the derogation, indicate the working or processing carried out in the countries or territories referred to in Article 6 of this Protocol.
Box 13: The dates to be indicated are the start and end dates for the period in which EUR.1 certificates may be issued under the derogation.
Box 18: Indicate either the percentage of value added in relation to the ex-works price of the product or the monetary amount of value added per unit of product.
Box 19: If alternative sources of materials exist, indicate here what they are and, if possible, the reasons relating to cost or other reasons why they are not used.
Box 20: Indicate possible investment or diversification of sources of supply which makes the derogation necessary for only a limited period of time.

Within the meaning of this Protocol ‘overseas countries and territories’ are the countries and territories referred to in Annex II to the Treaty on the Functioning of the European Union listed below:
1. Overseas countries and territories of the Kingdom of Denmark:
—
Greenland.

2. Overseas countries and territories of the French Republic:
—
New Caledonia and Dependencies,
—
French Polynesia,
—
Saint Pierre and Miquelon,
—
Saint Barthélemy,
—
French Southern and Antarctic Territories,
—
Wallis and Futuna Islands.

3. Overseas countries and territories of the Kingdom of the Netherlands:
—
Aruba,
—
Bonaire,
—
Curaçao,
—
Saba,
—
Sint Eustatius,
—
Sint Maarten.

This list is without prejudice to the status of these countries and territories, or to future changes in their status.

CN code
Description
1701
Cane or beet sugar and chemically pure sucrose, in solid form.
1702
Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel.
1704 90 99
Sugar confectionery (including white chocolate), not containing cocoa:
– other:
— other:
— other:
—- other:
—– other:
1806 10 30
Chocolate and other food preparations containing cocoa
– cocoa powder, containing added sugar or other sweetening matter
— containing 65 % or more but less than 80 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose
1806 10 90
Chocolate and other food preparations containing cocoa:
– cocoa powder, containing added sugar or other sweetening matter:
— containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose
1806 20 95
Chocolate and other food preparations containing cocoa:
– other preparations in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg:
— other:
— other:
1901 90 99
Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:
– other:
— other:
— other:
2101 12 98
Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:
– extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:
— preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:
— other
2101 20 98
Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:
– extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté:
— preparations:
— other
2106 90 59
Food preparations not elsewhere specified or included:
– other
— flavoured or coloured sugar syrups:
— other
—- other
2106 90 98
Food preparations not elsewhere specified or included:
– other
— other
— other
3302 10 29
Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:
– of a kind used in the food or drink industries:
— of a kind used in the drink industries:
— preparations containing all flavouring agents characterising a beverage:
—- other
—– other

Commission Implementing Decision (EU) 2024/2138 of 18 July 2024 on the applicability of Article 34 of Directive 2014/25/EU of the European Parliament and of the Council to commercial railway passenger transport in Sweden (notified under document C(2024) 4998)

Official Journalof the European Union ENL series
2024/2138 7.8.2024
(1) On 13 December 2019, SJ AB (‘the applicant’ or ‘SJ’) submitted to the Commission a request pursuant to Article 35(1) of Directive 2014/25/EU (‘the original request’). The request complies with Article 1(1) of Commission Implementing Decision (EU) 2016/1804(2).
(2) On 2 July 2020, the Commission adopted Implementing Decision (EU) 2020/1193(3)pursuant to Article 35(3) of Directive 2014/25/EU. Article 1 of the Decision stated that Directive 2014/25/EU shall not apply to contracts awarded by contracting entities and intended to enable activities related to provision of railway passenger services under a public service obligation contract to be carried out in the territory of Sweden. Article 2 of the Decision stated that Directive 2014/25/EU shall continue to apply to contracts awarded by contracting entities and intended to enable activities related to provision of commercial railways passenger services to be carried out in the territory of Sweden.
(3) The applicant sought the annulment of Article 2 of Implementing Decision (EU) 2020/1193 with the General Court. On 1 February 2023, the General Court annulled Article 2 of Implementing Decision (EU) 2020/1193 in case T-659/20 because of non-respect of the rights to be heard. On 22 December 2023, SJ submitted a modified and updated request, which the Commission is treating in accordance with Article 35(4) of Directive 2014/25/EU(4).
(4) The modified and updated request concerns procurement by an operator of commercial railway passenger transport services in Sweden. It is not intended to cover procurement by regional public transport authorities, national public transport authorities or other authorities(5).
(5) Section 24 of Chapter 3 of the Swedish Act on public procurement in the utilities sectors(6)allows contracting entities to submit requests under Article 34 of Directive 2014/25/EU. The applicant is a contracting entity in accordance with Article 4(2) of Directive 2014/25/EU and it carries out an activity relating to operation of networks providing a service to the public in the field of transport by railway, within the meaning of Article 11 of that Directive.
(6) The request is not accompanied by a reasoned and substantiated position adopted by an independent national authority that is competent in relation to the activities concerned.
(7) In accordance with point 1 of Annex IV to Directive 2014/25/EU, the Commission is to adopt an Implementing Decision on the request within 105 working days. (i.e. a period of 90 working days (where free access to a given market is presumed on the basis of the first subparagraph of Article 34(3)) which is prolonged by 15 working days where the request is not accompanied by a reasoned and substantiated position, adopted by an independent national authority that is competent in relation to the activity concerned). The initial deadline for the modified and updated request expired on 6 June 2024(7).
(8) The Commission held a conference call with the representatives of the applicant on 7 February 2024. The Commission sent a request for information (hereinafter ‘RFI’) to the Swedish authorities on 1 March 2024 with a deadline for response on 15 March 2024. The response was received on 22 March 2024. The Commission sent a RFI to SJ on 15 April 2024 with a deadline for response on 17 April 2024. The reply was received on 14 May 2024. The Commission sent a further RFI to AJ on 3 June 2024 with a deadline for response on 7 June 2024. The reply was received on 24 June 2024. In accordance with point 2 of Annex IV to Directive 2014/25/EU, in the event of late or incomplete answers, the review period is suspended for the period between the expiry of the time limit set in the request for information and the receipt of the complete and correct information. Consequently, the deadline for the Commission to adopt its decision expires on 22 July 2024.
(9) The applicant is a public undertaking, owned 100 % by the Swedish State, which was created in 2001 as one of the six divisions formed by the separation and corporatization of the former historic State owned railway company Affärsverket Statens Järnvägar. It is active in the railway passenger transport sector.
(10) SJ’s business model has two pillars: providing commercial rail services under its own brand (covered by this Decision) and providing rail services procured by regional and national public transport authorities under its own brand or that of the procuring authority (covered by Implementing Decision (EU) 2020/1193)(8).
(11) Directive 2014/25/EU applies to the award of contracts for the pursuit of activities related to the provision or operation of networks providing a service to the public in the field of transport by railway, automated systems, tramway, trolley bus, bus or cable, unless the activity is exempted pursuant to Article 34 of that Directive.
(12) Pursuant to Article 34 of Directive 2014/25/EU, contracts intended to enable the performance of an activity to which that Directive applies are not to be subject to it if the relevant Member State or contracting entities can demonstrate that the activity is directly exposed to competition on markets to which access is not restricted in the Member State in which the activity is performed. Direct exposure to competition is assessed on the basis of objective criteria, taking account of the specific characteristics of the sector concerned(9). This assessment is, however, limited by the short deadlines applicable and by the need to rely on the information available to the Commission – either from already available sources or from the information obtained in the context of the application pursuant to Article 35 – which cannot be supplemented by more time consuming methods, including, in particular, public inquiries addressed to the economic operators concerned(10). The assessment of direct exposure to competition that can be carried out in the context of Directive 2014/25/EU is consequently without prejudice to the full-fledged application of competition law(11).
(13) Access is deemed to be unrestricted if the Member State has implemented and applied the relevant Union legislation opening a given sector or a part of it. That legislation is listed in Annex III to Directive 2014/25/EU.
(14) Direct exposure to competition should be evaluated on the basis of various indicators, none of which is necessarily on its own decisive. In respect of the market concerned by this Decision, market shares constitute one criterion which should be taken into account, along with other criteria, such as entry barriers or intermodal(12)competition.
(15) This Decision is without prejudice to the application of the rules on competition and to other fields of Union law. In particular, the criteria and the methodology used to assess direct exposure to competition under Article 34 of Directive 2014/25/EU are not necessarily identical to those used to perform an assessment under Article 101 or 102 of the Treaty on the Functioning of the European Union or under Council Regulation (EC) No 139/2004(13)as confirmed by the General Court(14).
(16) The aim of this Decision is to establish whether the services concerned by the request are exposed to such a level of competition (in markets to which access is not restricted within the meaning of Article 34 of Directive 2014/25/EU) which will ensure that, also in the absence of the discipline brought about by the detailed procurement rules set out in Directive 2014/25/EU, procurement for the pursuit of the activities concerned will be carried out in a transparent, non-discriminatory manner based on criteria allowing purchasers to identify the solution which overall is the economically most advantageous one.
(17) Access to a market is deemed to be unrestricted if the Member State concerned has implemented and applied the relevant Union legislation opening a given sector or a part of it. That legislation is listed in Annex III to Directive 2014/25/EU. Concerning rail services, that Annex lists Directive 2012/34/EU of the European Parliament and of the Council(15)for rail freight transport and for international rail passenger transport but contains no entry for domestic rail passenger transport. However, Directive (EU) 2016/2370 of the European Parliament and of the Council(16)extends the liberalisation of the rail sector to domestic rail.
(18) Sweden has fully transposed both directives in its national law – the Railways Act(17). Access to the relevant market is therefore deemed not to be restricted in accordance with Article 34(3) of Directive 2014/25/EU.
(19) The present decision only concerns procurement for the supply of commercially operated railway passenger services. Procurement for the supply of railway passenger services under public service obligation (PSO) was subject to Implementing Decision (EU) 2020/1193, which exempted from the application of Directive 2014/25/EU contracts awarded by contracting entities and intended to enable activities related to provision of railway passenger services under a PSO contract to be carried out in the territory of Sweden.
(20) In previous merger and antitrust decisions(18), the Commission found that it may be appropriate to distinguish between the market for the supply of railway passenger services under public service obligation (PSO), and the supply of commercially operated railway passenger services. This distinction is mainly justified by supply-side considerations, notably the different regulatory regimes applying to those services. This distinction reflects the fact that transport services operated under PSO contracts are characterised by competition for the market, meaning that rail undertakings are competing to be awarded the right to offer transport services on a given route, whereas commercial transport services are characterised by competition in the market, meaning that rail undertakings compete to attract passengers.
(21) According to the applicant ‘the relevant product market for the provision of passenger transport services to end customers (passengers) contains at least railway passenger services featuring direct connections, including both commercially operated services as well as services operated under PSO contracts.’(19).
(22) The Swedish National Competition Authority (NCA) indicates that, ‘on several routes in the country, SJ’s commercial services overlap with PSO services, which often concern regional and commuter services rather than long-distance rail services. These services may constitute a competitive constraint on SJ’s commercial offer. This is particularly true for routes where differences in travel time are limited and can be compensated by better slots and lower prices. Competitive pressure may exist on the entire route, or on specific sub-routes’(20).
(23) However, the Commission notes that PSO services may also constitute a complementary service rather than a competing one depending on the route. In its response to the Commission’s RFI, the NCA indicates that ‘in many cases PSO traffic constitutes a substitute for SJ’s commercial traffic if it operates on the same route. On certain routes, it could be considered complementary, for example if it can pass on passengers to specific stations not operated by SJ.[…] The Transport Agency’s 2023 report states that PSO traffic has recently expanded and that it can both compete with and complement commercial traffic on different routes. The extent to which PSO traffic is in competition with or as a complement to the commercial traffic depends on the part of the route concerned’(21).
(24) For the purposes of the assessment under this Decision, in view of the ensuing analysis and without prejudice to the application of competition law, it is not necessary to conclude on whether commercial services form a separate market or belong to the same market as PSO services, since the Commission reaches the same conclusion under either product market definition.
(25) In previous merger and antitrust decisions(22), the Commission has considered that other modes of transport such as car, bus, plane or ferry did not belong to the same product market as rail due to regulatory differences and limited demand substitutability (differences in terms of e.g. comfort, speed, connectivity, and price).
(26) The applicant claims that ‘the relevant product market may also include other modes of transport on certain (sub-)routes, such as e.g. bus services on the Gothenburg-Malmö route and air services on the Stockholm-Gothenburg end-to-end sub-route. Importantly, even if services operated under PSO contracts and/or other modes of transport would not be deemed sufficiently substitutable to be included in the same relevant product market as commercially operated railway passenger services, they still exercise a competitive constraint’(23).
(27) The NCA indicates that ‘As far as rail passenger services are concerned, it is usual practice to define the product market on the basis of the route. Depending on the characteristics of the route, the product market may also include other means of transport (e.g. train, bus, car) or be narrower and only include trains’(24).
(28) In light of the above, the Commission will assess the competitive pressure from other modes of transport on a (sub-)route-by-(sub-)route basis, taking account of the characteristics and specificities of the service, such as travel time, price levels, pricing patterns, comfort and availability.
(29) In previous antitrust and merger decisions relating to rail passenger transport services, the Commission has defined the geographic market by reference to an entire national railway network(25), routes(26), or point-to-point travel between an origin and a destination(27), depending on the specificities of each case.
(30) According to the applicant, ‘the relevant geographic market for the provision of passenger transport services to end-customers (passengers) is to be delineated at the point-to-point level.’(28).
(31) The applicant submits that the market is delineated on a point of origin to a point of destination basis, as competitive conditions can vary significantly across such point-to-point delineations. The applicant argues that ‘Hence, the methodology used to evaluate whether an individual route is directly exposed to competition is exactly the same as at the national level. In fact, the assessment of competition at the individual route level constitutes a building block to the assessment of competition at national level’(29).
(32) The applicant also proposes to leave the market definition open, as the exposure to competition has to be evaluated on a wider basis, since railway operators’ costs are not determined on a point-to point basis but at a wider level. Given the very high number of point-to-point markets, and the impossibility to analyse each of those markets, the applicant proposes to analyse the five most important routes in Sweden (i.e.: Stockholm-Malmö(-Copenhagen), Stockholm-Gothenburg, Gothenburg-Malmö, Stockholm-Sundsvall-Umeå and Stockholm-Karlstad(-Oslo). The applicant argues that an exemption covering all of Sweden could be granted on the basis of market data for these most important routes. ‘Since these routes were of a high economic significance to SJ, the aggregate competitive conditions on these routes would exercise decisive influence over SJ’s procurement strategy’(30).
(33) These routes are the most important routes for the applicant as they account for more than [confidential] % of revenues and almost [confidential] % of its profits(31). Moreover, these routes represent(32)almost [confidential] % of all routes, all operators combined, in terms of revenues and [confidential] % in terms of passenger-kilometres.
(34) The NCA indicates that ‘the relevant geographic market is defined on the basis of each point-to-point connection (without taking into account sub-routes, which are themselves additional geographic markets), unless supply substitution from sub-routes or longer routes constitutes a credible threat’(33). Nevertheless, in its opinion, the NCA suggests that it is more appropriate to perform an aggregated competitive assessment of the most commercially significant important routes for the purpose of the assessment under Article 34 of Directive 2014/25/EU, considering that ‘many of the inputs and services being procured are joint costs’(34). ‘Moreover, as already stated in the previous report, it is neither possible nor appropriate to assess the competitive pressure on each of the routes potentially capable of being defined. Instead, it seems more appropriate to make an aggregated assessment of the most commercially significant routes. Moreover, that approach seems all the more reasonable in the light of the purpose of the examination under Article 34 of the Directive and the fact that many of the inputs and services procured constitute joint costs. In line with the previous report, this means that the overall economic importance of sufficiently competitive markets must be balanced against the importance of non-competitive markets’(35).
(35) The Commission finds indications that the provision of rail passenger transport services in Sweden is national in scope. First, the regulatory framework (such as the requirements to operate as a rail undertaking) is nationwide. Secondly, some providers (such as SJ, MTR, Transdev, etc.) operate on different routes in Sweden. It cannot be excluded that these providers might operate further routes depending on the evolution of market conditions. Thirdly, the characteristics inherent to the railway network must be taken into account. In particular, the existence of economies of scale and network effects, that is the generation of additional traffic by the linkage between various routes(36), is also an element pointing to the existence of a nation-wide market.
(36) Defining the relevant market as national in scope (i.e. all routes taken together) for the purpose of assessing the request under Article 34 of the Directive is also more appropriate since, according to the applicant, it procures ‘most of its inputs for commercially operated services on a joint basis’(37). Furthermore, the applicant indicates: ‘SJ’s investments are predominantly related to purchasing of new fleets of trains as well as refurbishment/upgrades of existing fleets. These fleets are not pre-allocated to specific (sub-)routes but rather continuously allocated according to various market characteristics. These characteristics, such as consumer demand patterns, can shift over time and thereby induce a re-allocation of trains’(38). The applicant further states that ‘the lion’s share of SJ’s purchases do not correspond to point-to-point markets, and thereby are not directly related to point-to-point-based market delineations, which are based on considerations relating to competition for revenues. Rather, SJ’s purchases jointly cover one or several routes’(39). Furthermore, the applicant explains(40)that the NCA agrees with its view, that the assessment of whether the market is exposed to competition should be based on an aggregated competitive assessment given the large share of applicant’s joint purchases. The applicant explains that joint purchases are particularly relevant for the three routes (Stockholm-Malmö, Stockholm-Gothenburg and Gothenburg-Malmö), and that the relevant metric for assessing if those routes are exposed to competition is to assess them jointly.
(37) In view of the foregoing, for the purposes of the assessment under this Decision and without prejudice to the application of competition law, the Commission considers that the relevant geographic market is national in scope. However, for the sake of completeness and in line with the approach proposed by the applicant and the NCA, the Commission will also carry out an aggregated assessment of the degree of competition to which the applicant is exposed on the five most commercially significant routes in Sweden (taken together).
(38) On the market covering commercially operated rail passenger transport services and rail passenger transport services operated under PSO contracts (including regional/short distance and long-distance railway passenger services operated under a PSO) the applicant estimates (hereinafter ‘2023E’)(41)its market share at [50 to 60] % in 2023 in terms of revenues(42). In the same year, the next market player was MTR with a market share of [20 to 30] %, followed by Transdev with [10 to 20] % and VR (former Arriva) with [5 to 10] %. As these market shares show, SJ’s market share is 2,5 times larger than that of its most immediate competitor and almost five and seven times larger than that of the third and fourth largest competitors, respectively. The applicant’s market share constitutes an preliminary indication of significant market power.
(39) On the market for the provision of commercial rail passenger transport services only, SJ’s share, in terms of revenues, is expected to be [70 to 80] % in the estimates for 2023E, up from the share of [70 to 80] % of 2019(43)and the [70 to 80] % in 2016(44). Similarly, its share for commercial railway passenger services in terms of passenger-km is expected to be around [80 to 90] % in 2023E (estimates provided by the applicant), slightly higher than the [80 to 90] % recorded in 2019(45)and clearly higher than the [80 to 90] % of 2016(46).
(40) According to SJ, the total Swedish market for commercial passenger services in 2023 is expected to remain more than 10 % below the size of 2019(47), due to decreased business travel and the expansion of PSO services. SJ and A-Train, are the only commercial operators expected to increase their market share. A-Train is expected to have a [0 to 5] % share in 2023E compared to [0 to 5] % in 2019. In the case of FlixTrain the comparison is made with 2021, when it started operating(48).
(41) The stability and persistence of the applicant’s very large overall market shares seem to indicate that, its significant market power cannot be successfully contested by other rail operators at national level.
(42) The Commission also notes the existence of significant barriers to entry in the market for commercially operated rail passenger transport services in Sweden. These barriers concern notably the necessary high investment costs and associated economic risks for the acquisition of the rolling stock, and technical and regulatory requirements, such as for homologation of rolling stock in a country. In 2019, the NCA and the Swedish Transport Agency also pointed(49)to the existence of an entry barrier related to ticket distribution channels, which involve high costs that could discourage new entry and expansion. In its response to the Commission RFI, the NCA indicates(50)that some measures have been taken to remedy the situation. However, no action was taken for the development of other ticketing system for commercial rail services to remedy the fact that apart from the applicant’s ticketing platform, other platforms have little relevance and awareness amongst passengers.
(43) In addition to its analysis of market shares and barriers to entry, the Commission will also perform an analysis on revenues per passenger-km for the sake of completeness, which it will take into account in subordinate order to determine the degree of competition to which the applicant is exposed. According to Figure 1, from an aggregate perspective, the revenue per passenger-km (defined as the ratio of revenues to the number of passenger-km) since 2016 has been significantly larger for the applicant than the one of its alleged competitors.Figure 1Ratio of SJ revenue per passenger-km for commercial railway services to other operators(51)(52)[confidential]
(44) Figure 1 shows that, compared to MTR, the applicant’s revenue per passenger-km was [confidential] % higher in 2019 and [confidential] % higher in 2023E. In the case of Transdev, its revenue per passenger-km has systematically been [confidential] lower than the applicant’s since 2016. The same pattern occurs for all other operators except A-Train. A-Train is the commercial operator of Arlanda Express, an express train service which operates on the route Stockholm City (Central Station)-Stockholm Arlanda airport(53). This route is clearly a very specific market (otherwise called ‘niche market’) whose particularities do not make it appropriate for a comparison with other passenger rail commercial services in Sweden. For A-Train the revenues per passenger-km are consistently [confidential] larger than those of the applicant. At the other extreme, FlixTrain primarily targets price sensitive passengers traveling for leisure purposes using low ticket prices(54). This is clearly reflected in the data, as the revenue per passenger-km of the applicant is more than double of FlixTrain’s in 2023E.
(45) The fact that the applicant is able to consistently keep a higher revenue per passenger-km over time and vis-à-vis competitors (except the particular case of A-Train) indicates that the applicant may not be subject to sufficient competitive pressure. Otherwise, it would be naturally expected that competitors would be able to either gain a significant amount of market share (as their revenue per passenger-km, and hence average price, is lower) or to charge higher prices at the expense of potentially not getting larger shares of passenger-km (but better profits due to increased revenues per passenger-km). The fact that neither of the two situations happens suggests that the applicant is acting independently of its competitors, which appear to be only attracting those consumers that are not commercially interesting to the applicant.
(46) The survey evidence provided by the applicant suggests that there may be some degree of segmentation of the market along the price and quality parameters. For instance ‘SJ’s competitor survey from December 2022 shows that FlixTrain’s customers view ticket price as a more important determinant for choice of operator than SJ’s customers. Further, FlixTrain outperforms SJ with regard to ticket pricing, whereas SJ outperforms FlixTrain with regard to parameters such as perceived “easiness to travel with”, which is an important driver for choice of operator for SJ’s customers.’(55). Further, it seems that ‘leisure passengers represent the main target group for FlixTrain and Snälltåget and an important customer group for MTR’(56), so it would seem that, at best, some commercial operators would be able to compete for only a limited fraction of the applicant’s customer base.
(47) The above analysis is based on aggregated data. The specificities of certain routes may suggest a different situation if a disaggregated approach is taken. This is considered in the next section.
(48) In view of the factors examined above, the Commission cannot conclude that the provision of commercially operated rail passenger transport services at national level in Sweden, regardless of how the product market is defined, is directly exposed to competition in the meaning of Article 34(1) of Directive 2014/25/EU.
(49) The importance for the applicant of its five most significant commercial routes (i.e. Stockholm-Malmö(-Copenhagen), Stockholm-Gothenburg, Gothenburg-Malmö, Stockholm-Sundsvall-Umeå and Stockholm-Karlstad(-Oslo) taken together, is expected to increase from [confidential] % in 2019 to [confidential] % in 2023E in terms of revenues. Gothenburg-Malmö is the sole route out the main five ones for which the share of revenue for the applicant is expected to decrease, from [confidential] % in 2019 to [confidential] % in 2023E. The revenues of the applicant in the other four main commercial routes are expected to increase(57). The comparison with 2022 yields similar qualitative conclusions, except for Gothenburg-Malmö, where the share of revenues remains unchanged(58).
(50) The applicant takes the view that the entirety of its activity is directly exposed to competition(59), including on each of the five above-listed routes. The factors explaining this conclusion are the competition exerted by providers of commercially operated rail passenger transport services, providers of rail passenger transport services under PSO contracts and intermodal competition.
(51) The Commission will carry out an assessment of the degree of competition to which the applicant is exposed on each on the above-identified five routes, before concluding at aggregated route level (taking the above-identified five routes together).
(52) For each of the above-identified five routes, the Commission will first examine the competitive situation on the market for rail passenger transport services under the two possible product market definitions (i.e. commercial and PSO services together and commercial services only). In its assessment of the competitive situation on the market for rail passenger transport services, the Commission will rely on the market shares of the applicant and its competitors and on the existence of significant barriers to entry, as explained in recital (42)(60). For the sake of completeness, in subordinate order, the Commission will also rely on a comparison of the revenue per passenger-km for the applicant and its competitors.
(53) For each of the above-identified five routes, the Commission will, second, determine the degree of competitive pressure from other modes of transport (if any), taking account of the following general considerations on intermodal competition.
(54) Bus travel and air travel recovered much slower than rail travel following the COVID-19 pandemic. The 2022 KTH Report informs that the provision of bus service had not recovered from the impact of the pandemic(61). As regards air travel, the applicant indicates that: ‘compared to passenger numbers in 2019, expected passenger numbers for air services in 2023 are lower on all four main routes. Further, in 2023 air services are expected to lose market share on all four routes compared to 2019. The most significant share decreases in terms of passengers are observed on the Stockholm-Malmö-Copenhagen and Stockholm-Gothenburg routes. Following the COVID-19 pandemic, demand for leisure travel has recovered well, whereas demand for business travel has not recovered to the same extent This has impacted travel by air more than travel by rail, since air services have traditionally been more oriented toward business travel.’(62).
(55) The Commission notes that the competition from air transport is relevant only for the assessment of the end-to-end subroutes (STO-GOT, STO-MAL-COP, STO-UME and STO-OSL).
(56) As a general rule, the Commission will assess routes and sub-routes on the basis of their relative economic importance for the applicant.
(57) This route, which includes trains operated between Stockholm, Malmö and Copenhagen, represented [confidential] % of SJ commercial railway services revenues in 2016, increasing to [confidential] % in 2022 and [confidential] % in 2023E(64). It is one of the two most important routes for the applicant, as it accounts for [confidential] % of profits(65). On this route the applicant’s competitor (operating commercial end-to-end train) is Transdev (Snälltåget). Regional PSO services are provided on different sub-routes.
(58) In a market encompassing both commercially operated and PSO rail passenger transport services, the situation is as described in the following recitals.
(59) In 2019 FlixTrain was expected to enter the route with two daily departures of commercially operated trains. However, this entry did not materialize and, in March 2024, FlixTrain cancelled all its applications for train paths for an indeterminate period.
(60) The market share of the applicant in the overall market in terms of revenues was [60 to 70] % in 2016 and it is expected to increase up to [60 to 70] % in 2023E. In terms of passenger-km it is expected to decrease from [50 to 60] % in 2016 to [50 to 60] % in 2023E(66). The other commercial service (Snälltåget) has remained with a stable share over the period. Öresundståg (owned by Transdev), which operates as a PSO in some sub-routes, has gained some market share in terms of passenger-km, but it has decreased more pronouncedly in terms of revenues. The 2022 KTH report(67)indicates that the applicant’s fast train accounts for nearly 80 % of the departures in the Malmö-Stockholm route and has the lowest average travel time. The price comparison of the report shows that the applicant’s fast train prices are double the price of other intercity trains between 2019 and 2022.
(61) The revenue per passenger-km of the applicant in the overall route is [confidential] than that of the other competitors (between 2016 and 2021 the applicant operated Mälardalstrafik). Figure 2 shows, for each year, the ratio of the applicant’s revenue per passenger-km compared to the ratio of each other operator. For example, in 2023E the revenue per passenger-km of the applicant is [confidential] % than Snälltåget’s (SJ revenue / Snälltåget revenue = [confidential]). Compared to the other operators, the applicant’s revenues per passenger-km are between [confidential] and almost [confidential] in 2023E.Figure 2Relative differential of SJ revenues per passenger-km compared to other operators in STO-MAL-COP(68)[confidential]
(62) The prices of Snälltåget are generally [confidential] than the applicant’s ticket prices. The ticket price comparison provided by the applicant suggests that Snälltåget competes primarily for [confidential] customers(69). [confidential](70).
(63) In a market for commercially operated rail passenger transport services only, the Commission notes that the applicant has only one competitor – Transdev. The applicant enjoys an even stronger market position than on a market also encompassing PSO services, with a market share of almost [80 to 90] %(71)in terms of passenger-kilometres.
(64) Bus transport’s share(72)is very low compared to train services(73). Moreover, the price (bus tickets approximately cost half of the train tickets) and time travel differences (8 hours against 5 hours or less) compared to train services are so significant(74)that bus services exert a very limited competitive constraint on train services.
(65) This sub-route is expected to account for over [confidential] % of the applicant’s revenues in the overall route in 2023(75). Based on total revenues for all railway passenger operators, end-to-end travel is expected to account for around [confidential] % of revenues of the overall route. It is the single most important sub-route on this route. The applicant’s market share in commercial services has remained stable at an extremely high level: [80 to 90] % of revenues and [80 to 90] % of passenger-km in 2016, compared to a [80 to 90] % (expected [80 to 90] % in 2023E) and [80 to 90] % (expected [80 to 90] % in 2023E), respectively, in 2022. The applicant’s increase is to the detriment of the sole other commercial operator (Snälltåget)(76).
(66) In 2023E, SJ’s revenue per passenger-km was [confidential] than Snälltåget’s.Figure 3Relative differential of SJ revenues per passenger-km compared to other operators in STO-MAL-COP end-to-end(77)[confidential]
(67) Bus transport’s share is very low ([0 to 5] % in passengers(78)) compared to train services(79). Moreover, the price and time travel differences compared to train services are so significant(80)(bus tickets cost approximately half of the train tickets travel time by bus is 8 hours against 5 hours or less by train) that bus services exert a very limited competitive constraint on train services.
(68) On this route, the NCA indicates(81)that it is likely that there is some competitive pressure from air transport and potentially increasing competitive pressure from the low-cost flights.
(69) Three airline companies offer direct flights between Stockholm airports Arlanda and Bromma and the airports in the Öresund region: Copenhagen and Malmö. Ryanair, which entered the market in 2021 offering journeys from Stockholm (Arlanda and Bromma) to Malmö and Copenhagen, has exited. Overall, air travel has lost market shares on this route since 2019, while the applicant’s shares have increased(82).
(70) In an intermodal market including commercially operated rail passenger transport services, PSO rail passenger transport services, air and bus transport, the Commission notes that the applicant has a market share of [40 to 50] % in terms of passengers(83).
(71) Total travel time(84)is one hour and half shorter by rail than by air, which gives rail a slight advantage.
(72) Regarding air transport, SAS’ prices(85)are about [confidential] than the applicant’s comparable tickets (in terms of class and flexibility) and steeply increase as the purchase date approaches the date of departure, [confidential](86). Similar qualitative conclusions can be drawn from the comparison with Braathens (BRA)(87)(Figs. 23, 24 of Annex 32 submitted on 21-12-2023). A price comparison with Ryanair, is no longer relevant since Ryanair no longer offers services on that route.
(73) The 2022 KTH report also shows that average ticket prices for flights between Stockholm and Malmö are in general more than double train ticket prices(88).
(74) Approximately [confidential] % of the applicant’s tickets in the route are sold within 15 days ahead of departure(89). This is precisely the time period where flight and train prices significantly diverge from one another. The pricing patterns of SAS and BRA are very similar while the pricing patterns (but not the price levels) of the applicant and Snälltåget are also very similar. Flight operators have different pricing pattern and price levels from that of rail operators. [confidential](90). There are therefore clear differences in terms of prices of rail and air tickets. Due to their [confidential] prices, air services are likely to only exert a limited competitive pressure on the rail services of the applicant.
(75) This sub-route is expected to account for just under [confidential] % of the applicant’s revenues in the overall route in 2023. Based on overall revenues for all rail passenger transport operators on this route, this sub-route is expected to account for around [confidential] % in 2023(91).
(76) The market share of the applicant in terms of revenues was [90 to 100] % in 2016(92). The applicant’s share in terms of revenues was [80 to 90] % in 2023E, up from [70 to 80] % in 2019 (when Mälardalstrafik’s was [5 to 10] %). The situation is similar in terms of passenger-km, where the applicant has a very high market share of [80 to 90] %(93).
(77) Every year between 2019 and 2023E, SJ’s revenue per passenger-km has been [confidential] % higher than Snälltåget’s.Figure 4Relative differential of SJ revenues per passenger-km compared to other operators in STO-OST(94)[confidential]
(78) This sub-route is expected to account for [confidential] % of the revenues of the overall route, based on the revenues for all operators(95). In terms of revenues, the market share of SJ is very small at [0 to 5] % in 2023E. Öresundståg is operator with the largest market share by far ([60 to 70] % in 2023E), with Pågatåg second with [20 to 30] % in 2023E. Market shares of all operators have remained fairly stable between 2019 and 2023E. In terms of passenger-km, the shares of SJ are smaller (0,3 % in 2023E) but the overall picture is qualitatively similar.
(79) The revenue per passenger-km of SJ in this sub-route is [confidential] % larger than Snälltåget’s for every year between 2019 and 2023E. It is almost [confidential] larger than the revenue per passenger-km of Öresundståg and Pågatåg in 2023E, as shown in Figure 5.Figure 5Relative differential of SJ revenues per passenger-km compared to other operators in HAS-MAL(96)[confidential]
(80) Hässleholm-Malmö sub-route is the last section (78km) of the Stockholm-Malmö route (513 km). The Commission notes also the observations made by the applicant regarding the very last section of this sub-route (Lund/Malmö-Copenhagen): ‘Competing for commuters on this sub-route is not a primary objective for SJ, since the passenger volumes cannot be efficiently handled based on SJ’s supply of departures. Moreover, if SJ were to position itself as a strong competitor for commuters, commuter travel would risk offsetting travel on the longer distance sub-routes, which are important revenue generators for SJ on the Stockholm-Malmö/Copenhagen route’(97).
(81) This sub-route is expected to account for almost [confidential] % of total revenues of the overall route in 2023E and almost [confidential] % of the revenues of the applicant(98).
(82) The revenues market share of the applicant, when the PSO operator Öresundståg is included, has increased slightly from [40 to 50] % in 2019 to [40 to 50] % in 2023E. In terms of passenger-km SJ’s share has decreased from [20 to 30] % to [20 to 30] % between that period. If Öresundståg is excluded from the market share calculations, the revenues share of the applicant in the commercial operations is [80 to 90] % every year between 2019 and 2023E (applicant’s share in terms of passenger-km is [70 to 80] %, with a minimum in the period of [70 to 80] % in 2020). Both Öresundståg and Snälltåget are operated by Transdev.
(83) The revenue per passenger of SJ is also [confidential] % higher than that of the other commercial operator (Snälltåget) and between [confidential] larger than that of the PSO operator (Öresundståg).Figure 6Relative differential of SJ revenues per passenger-km compared to other operators in ALV-MAL(99)[confidential]
(84) In this sub-route the presence of the applicant is extremely small ([0 to 5] % share in terms of revenues and passengers)(100).
(85) Nevertheless, in 2023E the revenue per passenger of the applicant’s commercial services (i.e., not including SJ traffic while it had the PSO contract for Öresundståg) was [confidential] than in 2016 and has [confidential] since 2019, [confidential](101).
(86) The shares of the applicant in this sub-route are below [0 to 5] % both in terms of revenues and passengers. The PSO operator Östgötatrafiken has between [90 to 100] % shares of passengers and revenue in the sub-route(102).
(87) Östgötatrafiken holds PSO contracts which, being so called production contracts(103), include a remuneration for operations whereas ticket sales, including the determination of ticket prices, are managed by the procuring entity(104).
(88) The ability of a PSO operator to exert a competitive constraint on commercially operated services is related to the degree of similarity of the respective services. For instance, the business model of the PSO Östgötatrafiken focuses on short distance and interurban commuting within the Östergötland region, offering the possibility to get tickets that combine train with city bus and tram(105). Alternatively, the business model of Öresundståg is based on a joint regional train system with train traffic in Sweden and Denmark, including the traffic between Malmoe and Copenhagen through the Öresund bridge(106). Compared to a commercial operator offering train connections between cities, the business model of Öresundståg is likely to be perceived as a closer alternative than that of Östgötatrafiken (in their respective geographic areas), whose business model may appear as more complementary.
(89) The revenue per passenger(107)of the applicant is [confidential] than other operators between 2016 and 2023E, [confidential](108).
(90) As in its 2019 opinion(109), in the answer to the Commission RFI, the NCA concludes that ‘the competitive pressure on the route in question continues to exist to such an extent that SJ cannot act completely independently in its pricing practices, but the Competition Authority does not consider that the competitive pressure, if not weaker than last, is sufficient to conclude that the route is directly exposed to competition.’(110).
(91) In a market encompassing both commercially operated and PSO rail passenger transport services, the Applicant has high market shares of [50 to 60] % in terms of passenger-km on the overall route and high market shares on the most important sub-routes. SJ’s market shares are low only on three sub-routes (HAS-MAL, LUN-MAL-COP and LIN-NOR) which are of very limited economic importance for the applicant. The applicant’s market shares are even higher in the market for commercially operated rail passenger transport market.
(92) Additionally, bus and flight operators have limited market shares and different offer characteristics. Consequently, they do not impose a sufficient competitive constraint on the applicant. Even if the level of competitive constraints may not be identical across sub-routes, when the importance of each sub-route is considered, the applicant is able to behave independently from other rail passenger transport operators to a sufficient extent for its activity not to be considered subject to enough competitive pressure.
(93) In view of the factors examined above, and considering that inter-modal competition exerts a limited constraint on the applicant, the Commission cannot conclude that the activity of provision of commercially operated railway services on the Stockholm-Öresund route is directly exposed to competition.
(94) This overall route represented [confidential] % of the applicant’s commercial railway services revenues in 2016, slightly decreasing to [confidential] % in 2023E(111). Together with Stockholm-Öresund route, this is one of the two most important routes for the applicant. This route accounts for [confidential] %(112)of its profits.
(95) The commercial operators on this route were the applicant, MTR and FlixTrain (end-to-end train). FlixTrain has stopped operating trains between Stockholm and Gothenburg in January 2024. PSO rail passenger transport services are provided on different sub-routes.
(96) In a market encompassing both commercially operated and PSO rail passenger transport services, the situation is described in the following recitals.
(97) Overall, the market share of the applicant in terms of revenues decreased from [80 to 90] % in 2019 to [80 to 90] % in 2023E. In terms of passenger-km it decreased from [70 to 80] % to [70 to 80] % in the same period(113). For comparison, the second major operator on this route, MTR held in 2023E a market share of [10 to 20] % both in terms of revenues and passenger-km(114).
(98) The 2022 KTH report(115)indicates that SJ’s fast train has consistently held roughly half of the departures in the Stockholm-Gothenburg route (in both directions) with the lowest average travel time. Including SJ’s regional train, the applicant accounts for roughly 70 % of the departures in the route.
(99) SJ’s revenue per passenger-km is over [confidential] % larger than that of MTR, the second major commercial operator and significantly larger than that of Västtrafik and FlixTrain [confidential]. [confidential]Figure 7Relative differential of SJ revenues per passenger-km compared to other operators in overall STO-GOT(116)[confidential]
(100) MTR’s ticket prices in second and first class are lower than the corresponding SJ ticket classes. [confidential]
(101) The cumulative distribution of tickets sold by the applicant for end-to-end travel on the STO-GOT route until departure(117)shows that 60 days ahead of departure the applicant has sold slightly over [confidential] % of the tickets for the trip and from 22 days until departure roughly [confidential] % of the tickets are sold. Therefore, in the period of 22 to 60 days ahead of departure roughly [confidential] % of the applicant’s tickets are sold. Of this [confidential] %, the applicant will give consideration to MTR prices unless a sold out is expected. In addition, business and economy extended tickets seem more frequently sold in the period up to 22 days ahead of departure (compared to the economy tickets)(118). In view of the fairly stable price differential between the applicant and MTR described above, it is unclear whether the applicant’s behaviour is actually influenced by MTR prices.
(102) An additional price comparison is included in the request(119), where average ticket prices for SJ, MTR and airlines are presented according to time slots of departure. [confidential]
(103) The applicant underlines that it scrutinises MTR’s pricing strategies in order to adapt its own(120). [confidential].
(104) Conversely, for earlier ticket purchases(121), the applicant seems to be able to set its prices very much independently of airline companies, getting closer to MTR, but still [confidential] than MTR in most time slots.
(105) The number of average daily departures from Stockholm to Gothenburg of the applicant’s high speed train between weeks 16 and 19 is 15(122), compared to 9 for MTR. In addition, the applicant has an average of 8 regional trains on the route. MTR has the same average number of departures from Stockholm to Gothenburg but the applicant has on average 16 high speed trains and 10 regional ones. Therefore, the offer of the applicant is much wider and covers a wider range of times of the day compared to MTR.
(106) Other modes of transport, like bus or regional trains, may have relatively close departures to the applicant’s high speed trains, but their characteristics and travelling times do not make them comparable to a high speed train service. For flights, the actual departure of the passenger to arrive on time to the flight is well beyond what is required of trains or buses and therefore not directly comparable.
(107) Overall, the scale of operations and the capacity to operate more slots limits the competitive pressure by MTR in this route.
(108) The prices of FlixTrain are much lower than SJ’s. [confidential](123). The very low frequencies(124)of FlixTrain and its basic level of comfort(125)mean FlixTrain targets a very specific set of customers, different from those of the applicant’s. For instance, FlixTrain’s customers view ticket price as a more important determinant for choice of operator than the applicant’s customers(126), suggesting a segmentation of the market that would shield the applicant from its direct competitive pressure.
(109) Regarding entry and exit, the STO-GOT market has shown some activity in the recent years. Blå Tåget left the market in the summer of 2019 due to lack of profitability(127). The NCA views this market exit as a possible reduction on competition on this route(128). MTR had entered in 2015(129), but is exiting the market in 2024, following a deal to sell the company to the Finnish state-owned company VR Group. According to the Moody’s Orbis database, MTR Express (Sweden) AB, the MTR Group subsidiary operating in this route has reported losses every year between 2015 and 2022 (last available year in the database at the moment of consult).
(110) FlixTrain has been allocated slots for three daily departures from the spring of 2020 on this route but entered the market in May 2021. Its market share was very low. FlixTrain primarily targeted price sensitive passengers traveling for leisure purposes using low ticket prices(130). Early 2024, FlixTrain cancelled all its departures on this route for an indefinite period(131).
(111) The other operator, Västtrafik AB, is owned by the Västra Götaland region and its market share has remained very small and even decreasing over time.
(112) In a market for commercially operated rail passenger transport services only, the Commission notes that the situation is very similar with the one described in recital (95), as PSO services accounts for [0 to 5] % in terms of revenues and [0 to 5] % in terms of passenger-kilometres.
(113) Bus transport’s share is very low ([0 to 5] %) compared to train services(132). Moreover, the time (6 to 7 hours against 3 hours approximately) travel differences compared to train services are so significant(133)that it does not seem to exert any significant competitive constraint on rail services.
(114) The end-to-end connection for STO-GOT is by far the most important sub-route of the market, account for over [confidential] % of revenues on the route for the applicant and overall(134). This means that the overall analysis performed above gives an accurate picture also for this sub-route. Nevertheless, the applicant has submitted further disaggregated data concerning specifically end-to-end traffic. According to these data, the revenues share of the applicant in the sub-route has increased from [70 to 80] % in 2016 to [80 to 90] % in 2023E (and decreased from [70 to 80] % to [70 to 80] % in terms of passenger-km). The share of MTR remains fairly stable at a much lower level (market share of [10 to 20] % in terms of revenues and [20 to 30] % in terms of passenger-km, in 2023E(135)) and FlixTrain has acquired some very small market share that is decreasing in 2023E compared to 2021. Västtrafik does not operate in this sub-route.
(115) Three airline companies offer flights between Stockholm airports Arlanda and Bromma and Gothenburg airport. Total travel time is similar by railway and by air.
(116) In an intermodal market including commercially operated rail passenger transport services, PSO rail passenger transport services, air and bus transport, the Commission notes that the applicant has a market share of [60 to 70] % in terms of passengers(136).
(117) Regarding air transport, SAS’ prices are around [confidential] than the applicant’s comparable (in terms of class and flexibility) tickets [confidential](137). Similar qualitative conclusions can be drawn from the comparison with BRA(138). Concerning the price comparison with Ryanair, it is not clear to what extent such a comparison is appropriate given that the route seems to be available only during the summer season.
(118) The 2022 KTH report also shows that average ticket prices for flights between Stockholm and Gothenburg are in general more than double than train tickets(139).
(119) Roughly [confidential] % of the applicant’s tickets in the route are sold within 15 days ahead of departure(140). This is precisely the time period where flight and train prices diverge from one another. The pricing patterns of SAS and BRA are very similar while the pricing patterns (but not the price levels) of the applicant and MTR are also very similar. However, the pricing pattern and price levels of flight operators are very different from that of rail operators. Additionally, there are clear differences in terms of passenger experience and characteristics of each mode of transport. Altogether this indicates that flights do not exert a significant competitive constraint on rail transport between Stockholm-Gothenburg.
(120) The STO-SKO sub-route accounts for around [confidential] % of SJ’s as well as overall revenues on the overall route in 2023(141).
(121) The applicant has gained market share in terms of revenues between 2016 ([70 to 80] %) and 2023E ([80 to 90] %) at the expense of the other two operators (MTR and FlixTrain). Västtrafik does not operate this sub-route. The applicant’s share in terms of passenger-km also increased from [70 to 80] % in 2016 to [80 to 90] %in 2023E(142).
(122) The third most important sub-route is Skövde-Gothenburg, which accounts for almost [confidential] % of overall revenues on this route. On this sub-route, the applicant has market shares of [70 to 80] % in terms of revenues and [60 to 70] % passenger-km(143).
(123) The NCA considers(144)that the competitive pressure has not been reduced since the date of its opinion of 2019. In its view, apart from the competition from MTR it is likely that both new entrants FlixTrain and Ryanair increase competitive pressure on the route. The NCA concludes(145)that the route continues to be considered directly exposed to competition despite the applicant’s high market shares.
(124) The Commission notes that the applicant has very high and rather stable market shares on the overall route and on the most important sub-routes and that the applicant’s market shares are four times higher than those of its next competitor MTR. The Commission also notes FlixTrain’s low market shares and recent cancellation of all departures as well as Bla Taget’s market exit.
(125) In addition, the analysis of the evidence for the sub-routes and the overall Stockholm-Gothenburg route shows that, regardless of whether PSO operators are to be taken into account, the applicant is able to apply pricing patterns and to maintain a significant price margin with respect to other commercial and PSO operators over time, while not seeing its market share significantly affected.
(126) Bus and flight operators have limited market shares and different specificities in terms of characteristics of their offer showing that they do not impose a sufficient competitive constraint on the applicant. Ryanair’s exit from the Stockholm-Gothenburg route raises further doubts on the competitive pressure from airlines on the applicant. Even if the level of competitive constraints may not be identical across sub-routes, when the importance of each sub-route is considered, the applicant is able to behave independently from other rail transport operators to a sufficient extent for its activity not to be considered subject to enough competitive pressure.
(127) In view of these factors, and considering that intermodal competition does not exert a competition constraint on SJ, the Commission cannot conclude that the activity of provision of commercially operated railway services the Stockholm-Gothenburg route is directly exposed to competition.
(128) The route is the third most important route in Sweden. For SJ this route is much less important than the previous two main routes from a revenue and profitability point of view, as it accounts for [confidential] % of the applicant’s total revenue(146)and [confidential] % of its profit(147).
(129) In the overall route, the market share of the applicant has clearly fallen both in terms of revenues ([10 to 20] % in 2023E) and passenger-km ([10 to 20] % in 2023E). Concerning the other two PSO providers, Pågatåg has also experienced a decrease in market share, while Öresundståg has clearly increased its presence on this route. MTR had only a testimonial presence in this market. The applicant had withdrawn from this route in April 2012, but resumed its operations in December 2013 with an upgraded service with reduced travel time. The applicant operated the Öresundstagen PSO contract in 2021 and 2022. The PSO contract was due to expire in 2030, but was prematurely terminated in December 2022, with the agreement of both parties, due to changes of operating conditions. During 2021 and 2022 the applicant faced no competition in the two major sub-routes and reduced competition overall. The applicant had a market share of almost [60 to 70] % in 2021 and [60 to 70] % in 2022 in terms of revenues and [50 to 60] % in 2021 and [60 to 70] % in 2022, in terms of passenger-km. Transdev took over that PSO contract, whose ticket prices and number of departures are heavily regulated.
(130) The 2022 KTH report indicates(148)that the SJ fast train accounted for almost one third of the departures in the MAL-GOT sub-route (in both directions) in 2019 and that it went down to one fifth in 2022. The number of departures of Öresundståg remained constant in the period. The SJ fast train had the lowest average travel time.
(131) As illustrated in Figure 8, the revenue per passenger-km of the applicant is larger than the one of the other operators.Figure 8Relative differential of SJ revenues per passenger-km compared to other operators in overall GOT-MAL(149)[confidential]
(132) In a market for commercially operated rail passenger transport services only, the Commission notes that the applicant has no competitor.
(133) Regarding bus transport, the share is low ([10 to 20] %) compared to train services(150). The price and time travel are comparable to train PSO services but the applicant’s service is still significantly faster (2 hours 35 against 3 hours to 3 hours 25) and more expensive (between 30 % and 100 % approximately) than bus services for tickets purchased between 0 to 14 days ahead of departure(151). As a result, bus services may exert some competitive pressure in this route.
(134) End-to-end travel is expected to account for around [confidential] % of revenues on this overall route in 2023.
(135) On the end-to-end travel (which represents [confidential] % of the applicant’s revenue and [confidential] % overall(152)) the applicant had in 2023 market shares of [20 to 30] % based both on revenue and on passenger–kilometres(153).
(136) Öresundståg sets constant prices regardless of the anticipation of the purchase with respect to the date of departure(154). Its PSO contract is a production contract, which includes a remuneration for operations whereas ticket sales, including the determination of ticket prices, are managed by the contracting authority(155). Therefore, Öresundståg is not entitled to apply more complex price schemes or take other actions that would allow it to compete in the market more effectively as a commercial operator. [confidential].
(137) This sub-route is expected to account for around [confidential] % of the applicant’s revenues on the overall route and around [confidential] % of overall revenues. it has market shares of almost [10 to 20] % in terms of revenue and [5 to 10] % in terms of passenger-kilometres(156).
(138) SJ’s share has slightly decreased, in terms of passengers, from [20 to 30] % in 2019 to [20 to 30] % in 2023E. However, its share in terms of revenues has increased from [30 to 40] % to [30 to 40] % in the same period(157).
(139) The revenue per passenger of SJ is [confidential] than that of Västtåg [confidential].Figure 9Relative differential of SJ revenues per passenger compared to other operators in overall GOT-BOR(158)[confidential]
(140) In view of the factors examined above, the Commission considers that currently the activity of provision of commercially operated railway services on the Gothenburg-Malmö route can only be considered to be directly exposed to competition in a market encompassing both commercially operated and PSO rail passenger transport services.
(141) The Competition Authority considers(159)that this route may continue to be regarded as directly exposed to competition in view of the competitive pressure both bottom-up and top-down and the decrease of the applicant’s market share over time.
(142) In view of the factors examined above, the Commission considers that currently the activity of provision of commercially operated railway services on the Gothenburg-Malmö route can only be considered to be directly exposed to competition in a market encompassing both commercially operated and PSO rail passenger transport services.
(143) This is the fourth most important route in Sweden and it represents(160)overall, around [confidential] %, both of the total revenues and of total passenger–kilometres, of all five main routes, all operators combined. This is SJ’s third most important route as it accounts for [confidential] % of its revenues(161)and almost [confidential] % of its profits(162). This route is currently operated (end-to-end train) by the applicant and by Vy under PSO contract for a night train. Railway PSO services are operating different sub-routes.
(144) In a market encompassing both commercially operated and PSO rail passenger transport services, the situation is described in the following recitals.
(145) In overall terms, the revenues’ market share of the applicant has increased from [70 to 80] % in 2016 to [70 to 80] % in 2023E. The increase in terms of passenger-km has been from [60 to 70] % to [60 to 70] %(163).
(146) The 2022 KTH report(164)indicates that SJ fast train accounts for the vast majority of departures in the SUN-STO route (in both directions) and the lowest average travel time. SJ fast train represents nearly half of the departures in the UME-STO (in both directions) and has the lowest average travel time.
(147) SJ’s revenue per passenger-km is significantly higher than all other operators ([confidential]) except the Övre Norrland Night train. In 2019, this PSO contract was operated by SJ which had a revenue per passenger-km around [confidential] % higher. The PSO contract has been operated by Vy since 2020. After the loss of the PSO night train contract in December 2020, the applicant started operating a night train on a commercial basis. Excluding the years of the pandemic (2020 and 2021), the differential in revenue per passenger-km [confidential].Figure 10Relative differential of SJ revenues per passenger-km compared to other operators in overall STO-SUN-UME(165)[confidential]
(148) The Commission notes that despite the decrease in the applicant’s market shares, in nominal terms both the revenues and the passenger kms, accounted for by the applicant are higher in 2023 than in 2019. Additionally, the Commission notes that Vy will not extend the PSO contract which expires in December 2024, on the ground that it incurred higher costs than expected(166).
(149) In a market for commercially operated rail passenger transport services only, the Commission notes that SJ has no competitor.
(150) Bus transport’s share is very low ([0 to 5] % in terms of passengers in 2023E) compared to train services(167). Moreover, the quality and time travel differences (6 hours against 9 hours) compared to train services are so large(168)that it does not seem able to exert a competitive pressure on rail transport.
(151) This sub-route is expected to account for around of [confidential] % of the applicant’s revenue in the overall route in 2023 and for around [confidential] % of revenue if all operators are considered(169).
(152) In this sub-route the share of the applicant dropped due to the loss of a PSO contract in favour of Vy. From the point of view of commercially operated services the share of the applicant (as sole commercial operator in the route) remains at [90 to 100] %. Regarding the PSO operations, taking 2019 as reference (the last year the applicant operated as monopolist the sub-route, both from a commercial and a PSO perspective) it seems that the commercial share in terms of passenger-km has only been mildly eroded (from [70 to 80] % in 2019 to [60 to 70] % in 2023E). However, the share of SJ has increased in terms of revenues from [60 to 70] % in 2019 to [60 to 70] % in 2023E(170).
(153) The revenue per passenger-km of the applicant is [confidential] than the PSO service. [confidential].Figure 11Relative differential of SJ revenues per passenger-km compared to other operators in overall STO-UME end-to-end(171)[confidential]
(154) The applicant operated the Night train Övre Norrland until the end of 2020. Vy has been awarded the contract until the end of 2024. However, the contracting authority, Trafikverket, has announced that there is no operator from 2025 onwards and that an emergency contract is expected to be awarded directly – the applicant has been asked to take over the traffic operations, but neitherdecisions have been made nor agreements entered into yet(172). SJ started its commercial night train service on 13-12-2020, coinciding with the transfer of the operations to Vy under the night train PSO contract(173).
(155) The average price of the applicant’s night train service is lower than the night train PSO Övre Norrland’s(174). SJ’s night train’s travel time is larger. Additionally, the applicant offers several other train services, including high speed train(175)so the night trains represent only a part of its interests in this sub-route.
(156) On the end-to-end sub-route, three airline companies operate direct flights. Travel time by railway is around 5 hours, while total travel time by air is three hours.
(157) The NCA considers(176)that ‘the difference in travel time between rail and air is approximately 2 hours, which is approximately the same difference in travel time as on the Stockholm-Öresund route, so that the competitive pressure from this mode of transport should be comparable on the two routes. For several years, track work has been ongoing on the route, which significantly extended the journey time for trains, but the track work was completed in 2023’.
(158) In an intermodal market including commercially operated rail passenger transport services, PSO rail passenger transport services, air and bus transport, the Commission notes that the applicant has a market share of [10 to 20] % in terms of passengers(177).
(159) Regarding air transport, SAS’ prices are [confidential] than the applicant’s comparable tickets and steeply increase as the purchase date approaches the date of departure, becoming [confidential] when the purchase is made 10 days or less ahead of departure(178). Similar qualitative conclusions can be drawn from the comparison with BRA(179)and Norwegian(180).
(160) The 2022 KTH report also shows(181)that average ticket prices for flights between STO-UME are in general over 50 % more expensive than train tickets.
(161) Approximately [confidential] % of the applicant’s tickets in the route are sold within 15 days ahead of departure(182). This is precisely the time period where flight and train prices become totally apart from one another. The pricing patterns of SAS, BRA and Norwegian are very similar while the pricing patterns (but not the price levels) of train operators are also very similar. However, the pricing pattern and price levels of flight operators are very different from that of rail operators. Additionally, there are clear differences in terms of travel time, passenger experience and characteristics of each mode of transport.
(162) In view of the above, the Commission concludes that flights may exert competitive pressure on rail transport on STO-UME end-to-end.
(163) Gävle-Sundsvall sub-route accounts for [confidential] % of the applicant’s revenue on this route and [confidential] % of the overall revenues (all operators on this route)(183).
(164) X-tåget and the applicant are the sole operators in the sub-route with X-tåget being the leader with [50 to 60] % share of revenues in 2023 ([60 to 70] % of passenger-km). The revenues share of the applicant has increased from [30 to 40] % in 2016 to [40 to 50] % in 2023E (and from [20 to 30] % to [30 to 40] % in terms of passenger-km)(184). The PSO operator has fixed prices for tickets, which are much lower than the levels of the applicant’s ticket prices(185), while the average travel time is almost identical(186).
(165) The price comparison of the applicant’s price tickets with X-Trafik’s shows a sharp difference, with over 50 % higher prices for SJ’s Intercity and Fast train economy classes, and more than triple for business tickets(187). Given the large price differences it is not clear whether the applicant and X-Trafik would be competing for the same profile of customers(188).
(166) Uppsala-Gävle sub-route accounts for [confidential] % of the applicant’s revenue on this route and [confidential] % of the overall revenues (all operators on this routes)(189). Upptåget and the applicant are the sole operators in the sub-route with Upptåget being the leader with [70 to 80] % share of revenues in 2023E and [80 to 90] % of passenger-km. The revenues share of the applicant has increased from [10 to 20] % in 2016 to [20 to 30] % in 2023E and from [5 to 10] % to [10 to 20] % in terms of passenger-km(190).
(167) SJ’s and Mälartåg’s business models are different in this sub-route. The applicant offers this connection as part of longer distance routes serving these cities, while Mälartåg, as PSO operator, connects Uppsala and Gävle with many stops along the route(191).
(168) Mälartåg sets constant prices regardless of the anticipation of the purchase with respect to the date of departure(192). Its PSO contract is a production contract, which includes a remuneration for operations whereas ticket sales, including the determination of ticket prices, are managed by the procuring entity(193). Therefore, Mälartåg is not entitled to apply more complex price schemes or take other actions that would allow it to effectively compete in the market as a commercial operator would do.
(169) The applicant offers four types of services in this sub-route: Fast train economy, Fast train business, Intercity economy and Intercity business. [confidential].
(170) Stockholm-Uppsala sub-route is indicated by the applicant and by the NCA as an important sub-route, which could be regarded as a further main route. This sub-route accounts for [confidential] % of the applicant’s revenue on this route and [confidential] % of the overall revenues (all operators on this routes)(194). The STO-UPP is comparable in size, from an overall revenue perspective to the STO-KAR-OSL route(195).
(171) On this sub-route the applicant operates a commercial train service and has as competitor MTR who operates under PSO contracts (Aktiebolaget Storstockholms Lokaltrafik-“SL” and Mälardalstrafik MÄLAB AB – “Mälartåg”).
(172) SJ’s revenues per passenger-km are roughly [confidential] of those from SL, a PSO contract operated by MTR. According to the 2022 KTH report(196), the SL commuter train Stockholm-Uppsala partly competes with the applicant’s commercial train service between the end points but complements it by going via Arlanda and having several stops. The PSO contract with SL was prematurely terminated, and since March 2024 the applicant operates it under an emergency PSO contract for two years.
(173) Mälardalstrafik is another PSO contract currently operated by MTR. This contract is going to be taken over by Transdev following an emergency contract with open books. The revenue per passenger-km of this PSO contract is closer to the applicant, but the applicant’s is still lower. The 2022 KTH report indicates that Mälartåg also competes with the applicant’s commercial Stockholm-Uppsala service, but through the Movingo ticketing partnership the services complement each other.Figure 12Relative differential of SJ revenues per passenger-km compared to other operators in overall STO-UPP(197)[confidential]
(174) SL and Mälardalstrafik’s prices remain the same irrelevant of the date of departure(198). Both PSO contracts are production contracts, which include a remuneration for operations whereas ticket sales, including the determination of ticket prices, are managed by the procuring entity(199). Given the conditions governing their respective PSO contracts they are not entitled to apply more complex price schemes or take other actions that would allow them to effectively compete in the market as a commercial operator would do.
(175) The Stockholm-Uppsala sub-route is served by frequent trains from the three operators (e.g., the SL commuter train offers services every 30 minutes from early morning)(200). Both SJ and PSO operators have services connecting directly the two cities. Additionally, the services offered by SJ include this connection as part of a longer route passing through these two cities(201).
(176) [confidential] The applicant has decided to cease its commercial railway passenger service on this route as from December 2024(202). Nevertheless, ‘certain trains that operate on longer routes which include travel between Stockholm and Uppsala, such as e.g. on the Stockholm – Sundsvall – Umeå route, will continue to make a stop in Uppsala.’(203). As a result, the applicant will still be present in this market from a commercial perspective. In addition, the applicant began operating the PSO contract for the Stockholm commuter trains in March 2024 through the award of a two-year emergency contract.
(177) In view of the reported complementarities and the different nature of the PSO and commercial operation in terms of pricing and business models, PSO services do not appear to exert competitive pressure on the applicant.
(178) On this sub-route, the share of the applicant is [10 to 20] % both in terms of revenues and passenger-km(204).
(179) The average prices of Vy Norrtåg are [confidential] of SJ’s Fast train economy up to seven days ahead of departure [confidential]. Prices of SJ Fast train business are also lower and the difference is particularly large for purchases done with more than seven days ahead of departure(205). In view of these price differences, it is not clear that SJ and Vy Norrtåg focus on the same type of customers.
(180) The NCA concludes(206)that the entire route is not exposed to competition but given the competitive situation on sub-routes and their overall economic importance compared to the entire route, the applicant is unable to act completely independently in its pricing.
(181) In a market encompassing both commercially operated and PSO rail passenger transport services, the Applicant has a large market share on this route overall and on three important sub-routes (STO-UME end-to-end, GAV-SUN and UPP-GAV).
(182) Additionally, the analysis of the evidence for the sub-routes and the overall Stockholm-Sundsvall-Umeå route shows that, regardless of whether PSO operators are to be taken into account, the applicant is able to apply pricing patterns and to maintain a significant price margin with respect to other commercial and PSO operators over time, while not seeing its market share significantly affected.
(183) In an intermodal market including commercially operated rail passenger transport services, PSO rail passenger transport services, air and bus transport, the applicant’s market share is not high ([10 to 20] % of passengers in 2023E(207)) on the STO-UME end-to-end subroute. While bus operators have a marginal ([0 to 5] %(208)) market share, flight operators have a combined market share of [70 to 80] %(209). This shows that air transport may exert competitive pressure on rail transport on this subroute.
(184) In view of the factors examined above, and given that intermodal competition exerts a competition constraint on the applicant on a single subroute and that the applicant has an overall high market share on the route, the Commission cannot conclude that the activity of providing commercially operated railway passenger services on the Stockholm-Sundsvall-Umeå route is directly exposed to competition.
(185) This route represented [confidential] % of the applicant’s revenues in 2023E(210). For the applicant this route accounts for [confidential] % of its revenues(211)[confidential].
(186) In a market encompassing both commercially operated and PSO rail passenger transport services, the situation is described in the following recitals.
(187) The revenues share of the applicant in the overall route has fallen from [80 to 90] % in 2016 to [80 to 90] % in 2023E (from [80 to 90] % to [80 to 90] % in terms of passenger-km)(212). The only other commercial operator (Tågab) has decreased its revenue share from [0 to 5] % in 2016 to [0 to 5] % in 2023E. Its share in terms of passenger-km has decreased accordingly.
(188) The revenue per passenger-km of the applicant is larger than of the other operators, with the exception of Mälardalstrafik in 2019 and 2020, when this PSO contract was still operated by SJ.Figure 13Relative differential of SJ revenues per passenger-km compared to other operators in overall STO-KAR-OSL(213)[confidential]
(189) Bus transport’s share is low ([10 to 20] % in 2023E) compared to train services(214). Moreover, the time travel differences compared to train services (7 hours against 5 for train) are so large(215)that it does not seem to exert a significant competitive constraint on rail services.
(190) End-to-end travel is expected to account for around [confidential] % of SJ’s revenues on this route in 2023. Overall, end-to-end travel accounts for around [confidential] % of revenues on this route(216). The applicant remains the sole railway passenger operators on this sub-route(217).
(191) In an intermodal market including commercially operated rail passenger transport services, PSO rail passenger transport services, air and bus transport, the Commission notes that the applicant has a market share of [10 to 20] % in terms of passengers(218).
(192) Regarding air transport, the prices of SAS premium economy are [confidential] of applicant’s comparable tickets (in terms of class and flexibility) and steeply increase as the purchase date approaches the date of departure, becoming [confidential] when the purchase is made around 0 to 5 days ahead of departure. The difference between SAS economy and SJ fast train economy are [confidential] %(219). Similar qualitative conclusions can be drawn from the comparison with Norwegian(220).
(193) Roughly [confidential] % of the applicant’s tickets in the route are sold within 7 days ahead of departure(221). This is precisely the time period where flight and train prices diverge from one another. The pricing patterns of SAS and Norwegian are very similar between themselves but they are very different from that of the applicant (the sole rail operator in this end-to-end route). Additionally, there are clear differences in terms of travel time (3 hours 15 by plane against more than 5 hours by train), passenger experience and characteristics of each mode of transport. Altogether this indicates that flights may exert some competitive constraint on rail transport on STO-OSL end-to-end.
(194) This sub-route is expected to account for around [confidential] % of the applicant’s revenue on this overall route in 2023 and for around [confidential] % of revenues of all operators(222).
(195) The revenues market share of SJ in the sub-route has increased from [90 to 100] % in 2016 to [90 to 100] % in 2023E. In terms of passenger-km it has increased from [90 to 100] % to [90 to 100] %(223).
(196) The NCA considers(224)that the route is not directly exposed to competition. However, the NCA indicates that both flights and buses exert certain competitive constraint as in the case of Stockholm-Malmo-Copenhagen.
(197) In a market encompassing commercially operated rail passenger transport services only as well as in a market encompassing both commercially operated and PSO rail passenger transport services, the applicant has very large market shares on the overall route and on the main sub-routes. SJ is able to apply pricing patterns and to maintain a significant price margin with respect to other commercial and PSO operators over time, while not seeing its market share significantly affected.
(198) On an intermodal market including commercially operated rail passenger transport services, PSO rail passenger transport services, air and bus transport, the applicant is exposed to competitive pressure from air transport on the STO-OSL end-to-end subroute. Bus transport, given its overall low market share, lower prices and higher travel times is not considered to exert significant competitive pressure on the applicant on the STO-KAR-OSL route. Given the limited economic importance of the STO-OSL end-to-end subroute for the applicant, the Commission cannot conclude that SJ is directly exposed to competition on the STO-KAR-OSL route.
(199) The applicant considers that since its ‘purchases jointly cover routes where SJ faced significant competition as well as routes where SJ was the sole railway operator, SJ argued that competition would come to bear also on those routes where SJ did not face competition’(225).
(200) Following its assessment, the NCA concludes that two routes (i.e., Stockholm-Gothenburg and Gothenburg-Malmö) are directly exposed to competition. These routes account for [confidential] % of applicant’s revenues and [confidential] % of profits and are therefore essential for the applicant to be able to make profit. The NCA also indicates that Stockholm-Malmö (-Copenhagen) route, which accounts for around [confidential] % of the applicant’s revenues and around [confidential] % of its profits is subject to competitive pressure albeit not sufficient for the route to be considered directly exposed to competition. As regards the remaining two routes (Stockholm-Umeå and Stockholm-Oslo), the NCA concluded that they are not directly exposed to competition, but they are, in the NCA’s view, subject to a degree of competitive constraint which prevents the applicant from acting completely independently in its pricing behaviour. The NCA notes, however, that these routes accounts for a smaller share of the applicant’s revenues and profits.
(201) Overall, the NCA concludes that the market for commercial rail passenger transport services on the five routes taken together, and more generally in Sweden (combining all routes) should be regarded as directly exposed to competition.
(202) The Commission does not draw the same conclusion as the applicant or the NCA when assessing the five main routes taken together. The commercial services of the applicant are directly exposed to competition only on the Gothenburg-Malmö route. The Gothenburg-Malmö route accounts overall for almost [confidential] % of the total revenues and almost [confidential] % of total passenger–kilometres of all five main routes, all operators combined(226). It has lower economic importance for the applicant compared to the first two routes (Stockholm-Malmö (-Copenhagen) and Stockholm-Gothenburg), and accounts for around [confidential] % of the applicant’s revenues and [confidential] % of its profits.
(203) The Commission recalls that the purpose of the competition analysis under Article 34 of Directive 2014/25/EU is to establish the pertinence of application of the public procurement rules, as explained in recital (16). The level of competition on a route such as Gothenburg-Malmö, which is of low representativeness of the overall commercial activity of the applicant, cannot be presumed to discipline its procurement for the provision of commercial services on other, more significant routes, in view of the fact that procurement is operated on a joint basis(227). Moreover, the applicant did not provide any example of procurement specific to this route only(228).
(204) It is also important to recall that recent market developments occurred in 2024, such as the sale of MTR express to a new owner due to recurring losses of the business or the fact that Flixtrain and Ryanair stopped operating on the Stockholm-Gothenburg route point towards a lesser degree of competition overall on the five main routes on which the applicant provides commercially operated rail passenger transport services.
(205) In the light of the above considerations, for the purposes of this Decision and without prejudice to the application of competition law, the Commission finds that the activity of provision of commercially operated railway services on the five most significant routes (taken together) is not directly exposed to competition within the meaning of Article 34 of the Directive 2014/25/EU.
(206) For the purposes of this decision and without prejudice to the application of competition law, the findings of the market analysis in paragraphs (17) to (198) should be taken as an indication of the fact that the activity of provision of commercially operated rail passenger transport services is not exposed to competition within the meaning of Article 34 of the Directive 2014/25/EU. Consequently, it should be established that Directive 2014/25/EU continues to apply to contracts intended to enable the pursuit of that activity in Sweden.
(207) This Decision is based on the legal and factual situation as of June 2024 and on the information submitted by the applicant, the NCA and publicly available information.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement procedures of entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (1) and in particular Article 35(3) thereof,
After consulting the Advisory Committee for public contracts,
Whereas:
1. FACTS
1.1. The request
(1) On 13 December 2019, SJ AB (‘the applicant’ or ‘SJ’) submitted to the Commission a request pursuant to Article 35(1) of Directive 2014/25/EU (‘the original request’). The request complies with Article 1(1) of Commission Implementing Decision (EU) 2016/1804 (2).
(2) On 2 July 2020, the Commission adopted Implementing Decision (EU) 2020/1193 (3) pursuant to Article 35(3) of Directive 2014/25/EU. Article 1 of the Decision stated that Directive 2014/25/EU shall not apply to contracts awarded by contracting entities and intended to enable activities related to provision of railway passenger services under a public service obligation contract to be carried out in the territory of Sweden. Article 2 of the Decision stated that Directive 2014/25/EU shall continue to apply to contracts awarded by contracting entities and intended to enable activities related to provision of commercial railways passenger services to be carried out in the territory of Sweden.
(3) The applicant sought the annulment of Article 2 of Implementing Decision (EU) 2020/1193 with the General Court. On 1 February 2023, the General Court annulled Article 2 of Implementing Decision (EU) 2020/1193 in case T-659/20 because of non-respect of the rights to be heard. On 22 December 2023, SJ submitted a modified and updated request, which the Commission is treating in accordance with Article 35(4) of Directive 2014/25/EU (4).
(4) The modified and updated request concerns procurement by an operator of commercial railway passenger transport services in Sweden. It is not intended to cover procurement by regional public transport authorities, national public transport authorities or other authorities (5).
(5) Section 24 of Chapter 3 of the Swedish Act on public procurement in the utilities sectors (6) allows contracting entities to submit requests under Article 34 of Directive 2014/25/EU. The applicant is a contracting entity in accordance with Article 4(2) of Directive 2014/25/EU and it carries out an activity relating to operation of networks providing a service to the public in the field of transport by railway, within the meaning of Article 11 of that Directive.
(6) The request is not accompanied by a reasoned and substantiated position adopted by an independent national authority that is competent in relation to the activities concerned.
(7) In accordance with point 1 of Annex IV to Directive 2014/25/EU, the Commission is to adopt an Implementing Decision on the request within 105 working days. (i.e. a period of 90 working days (where free access to a given market is presumed on the basis of the first subparagraph of Article 34(3)) which is prolonged by 15 working days where the request is not accompanied by a reasoned and substantiated position, adopted by an independent national authority that is competent in relation to the activity concerned). The initial deadline for the modified and updated request expired on 6 June 2024 (7).
(8) The Commission held a conference call with the representatives of the applicant on 7 February 2024. The Commission sent a request for information (hereinafter ‘RFI’) to the Swedish authorities on 1 March 2024 with a deadline for response on 15 March 2024. The response was received on 22 March 2024. The Commission sent a RFI to SJ on 15 April 2024 with a deadline for response on 17 April 2024. The reply was received on 14 May 2024. The Commission sent a further RFI to AJ on 3 June 2024 with a deadline for response on 7 June 2024. The reply was received on 24 June 2024. In accordance with point 2 of Annex IV to Directive 2014/25/EU, in the event of late or incomplete answers, the review period is suspended for the period between the expiry of the time limit set in the request for information and the receipt of the complete and correct information. Consequently, the deadline for the Commission to adopt its decision expires on 22 July 2024.
1.2. The applicant
(9) The applicant is a public undertaking, owned 100 % by the Swedish State, which was created in 2001 as one of the six divisions formed by the separation and corporatization of the former historic State owned railway company Affärsverket Statens Järnvägar. It is active in the railway passenger transport sector.
(10) SJ’s business model has two pillars: providing commercial rail services under its own brand (covered by this Decision) and providing rail services procured by regional and national public transport authorities under its own brand or that of the procuring authority (covered by Implementing Decision (EU) 2020/1193) (8).
2. LEGAL FRAMEWORK
(11) Directive 2014/25/EU applies to the award of contracts for the pursuit of activities related to the provision or operation of networks providing a service to the public in the field of transport by railway, automated systems, tramway, trolley bus, bus or cable, unless the activity is exempted pursuant to Article 34 of that Directive.
(12) Pursuant to Article 34 of Directive 2014/25/EU, contracts intended to enable the performance of an activity to which that Directive applies are not to be subject to it if the relevant Member State or contracting entities can demonstrate that the activity is directly exposed to competition on markets to which access is not restricted in the Member State in which the activity is performed. Direct exposure to competition is assessed on the basis of objective criteria, taking account of the specific characteristics of the sector concerned (9). This assessment is, however, limited by the short deadlines applicable and by the need to rely on the information available to the Commission – either from already available sources or from the information obtained in the context of the application pursuant to Article 35 – which cannot be supplemented by more time consuming methods, including, in particular, public inquiries addressed to the economic operators concerned (10). The assessment of direct exposure to competition that can be carried out in the context of Directive 2014/25/EU is consequently without prejudice to the full-fledged application of competition law (11).
(13) Access is deemed to be unrestricted if the Member State has implemented and applied the relevant Union legislation opening a given sector or a part of it. That legislation is listed in Annex III to Directive 2014/25/EU.
(14) Direct exposure to competition should be evaluated on the basis of various indicators, none of which is necessarily on its own decisive. In respect of the market concerned by this Decision, market shares constitute one criterion which should be taken into account, along with other criteria, such as entry barriers or intermodal (12) competition.
(15) This Decision is without prejudice to the application of the rules on competition and to other fields of Union law. In particular, the criteria and the methodology used to assess direct exposure to competition under Article 34 of Directive 2014/25/EU are not necessarily identical to those used to perform an assessment under Article 101 or 102 of the Treaty on the Functioning of the European Union or under Council Regulation (EC) No 139/2004 (13) as confirmed by the General Court (14).
(16) The aim of this Decision is to establish whether the services concerned by the request are exposed to such a level of competition (in markets to which access is not restricted within the meaning of Article 34 of Directive 2014/25/EU) which will ensure that, also in the absence of the discipline brought about by the detailed procurement rules set out in Directive 2014/25/EU, procurement for the pursuit of the activities concerned will be carried out in a transparent, non-discriminatory manner based on criteria allowing purchasers to identify the solution which overall is the economically most advantageous one.
3. ASSESSMENT
3.1. Unrestricted access to the market
(17) Access to a market is deemed to be unrestricted if the Member State concerned has implemented and applied the relevant Union legislation opening a given sector or a part of it. That legislation is listed in Annex III to Directive 2014/25/EU. Concerning rail services, that Annex lists Directive 2012/34/EU of the European Parliament and of the Council (15) for rail freight transport and for international rail passenger transport but contains no entry for domestic rail passenger transport. However, Directive (EU) 2016/2370 of the European Parliament and of the Council (16) extends the liberalisation of the rail sector to domestic rail.
(18) Sweden has fully transposed both directives in its national law – the Railways Act (17). Access to the relevant market is therefore deemed not to be restricted in accordance with Article 34(3) of Directive 2014/25/EU.
3.2. Competitive assessment
3.2.1. Product Market Definition
(19) The present decision only concerns procurement for the supply of commercially operated railway passenger services. Procurement for the supply of railway passenger services under public service obligation (PSO) was subject to Implementing Decision (EU) 2020/1193, which exempted from the application of Directive 2014/25/EU contracts awarded by contracting entities and intended to enable activities related to provision of railway passenger services under a PSO contract to be carried out in the territory of Sweden.
Distinction between commercial services and services operated under PSO contracts
(20) In previous merger and antitrust decisions (18), the Commission found that it may be appropriate to distinguish between the market for the supply of railway passenger services under public service obligation (PSO), and the supply of commercially operated railway passenger services. This distinction is mainly justified by supply-side considerations, notably the different regulatory regimes applying to those services. This distinction reflects the fact that transport services operated under PSO contracts are characterised by competition for the market, meaning that rail undertakings are competing to be awarded the right to offer transport services on a given route, whereas commercial transport services are characterised by competition in the market, meaning that rail undertakings compete to attract passengers.
(21) According to the applicant ‘the relevant product market for the provision of passenger transport services to end customers (passengers) contains at least railway passenger services featuring direct connections, including both commercially operated services as well as services operated under PSO contracts.’ (19).
(22) The Swedish National Competition Authority (NCA) indicates that, ‘on several routes in the country, SJ’s commercial services overlap with PSO services, which often concern regional and commuter services rather than long-distance rail services. These services may constitute a competitive constraint on SJ’s commercial offer. This is particularly true for routes where differences in travel time are limited and can be compensated by better slots and lower prices. Competitive pressure may exist on the entire route, or on specific sub-routes’ (20).
(23) However, the Commission notes that PSO services may also constitute a complementary service rather than a competing one depending on the route. In its response to the Commission’s RFI, the NCA indicates that ‘in many cases PSO traffic constitutes a substitute for SJ’s commercial traffic if it operates on the same route. On certain routes, it could be considered complementary, for example if it can pass on passengers to specific stations not operated by SJ.[…] The Transport Agency’s 2023 report states that PSO traffic has recently expanded and that it can both compete with and complement commercial traffic on different routes. The extent to which PSO traffic is in competition with or as a complement to the commercial traffic depends on the part of the route concerned’ (21).
(24) For the purposes of the assessment under this Decision, in view of the ensuing analysis and without prejudice to the application of competition law, it is not necessary to conclude on whether commercial services form a separate market or belong to the same market as PSO services, since the Commission reaches the same conclusion under either product market definition.
Distinction between rail and other modes of transport
(25) In previous merger and antitrust decisions (22), the Commission has considered that other modes of transport such as car, bus, plane or ferry did not belong to the same product market as rail due to regulatory differences and limited demand substitutability (differences in terms of e.g. comfort, speed, connectivity, and price).
(26) The applicant claims that ‘the relevant product market may also include other modes of transport on certain (sub-)routes, such as e.g. bus services on the Gothenburg-Malmö route and air services on the Stockholm-Gothenburg end-to-end sub-route. Importantly, even if services operated under PSO contracts and/or other modes of transport would not be deemed sufficiently substitutable to be included in the same relevant product market as commercially operated railway passenger services, they still exercise a competitive constraint’ (23).
(27) The NCA indicates that ‘As far as rail passenger services are concerned, it is usual practice to define the product market on the basis of the route. Depending on the characteristics of the route, the product market may also include other means of transport (e.g. train, bus, car) or be narrower and only include trains’ (24).
(28) In light of the above, the Commission will assess the competitive pressure from other modes of transport on a (sub-)route-by-(sub-)route basis, taking account of the characteristics and specificities of the service, such as travel time, price levels, pricing patterns, comfort and availability.
3.2.2. Geographic Market Definition
(29) In previous antitrust and merger decisions relating to rail passenger transport services, the Commission has defined the geographic market by reference to an entire national railway network (25), routes (26), or point-to-point travel between an origin and a destination (27), depending on the specificities of each case.
(30) According to the applicant, ‘the relevant geographic market for the provision of passenger transport services to end-customers (passengers) is to be delineated at the point-to-point level.’ (28).
(31) The applicant submits that the market is delineated on a point of origin to a point of destination basis, as competitive conditions can vary significantly across such point-to-point delineations. The applicant argues that ‘Hence, the methodology used to evaluate whether an individual route is directly exposed to competition is exactly the same as at the national level. In fact, the assessment of competition at the individual route level constitutes a building block to the assessment of competition at national level’ (29).
(32) The applicant also proposes to leave the market definition open, as the exposure to competition has to be evaluated on a wider basis, since railway operators’ costs are not determined on a point-to point basis but at a wider level. Given the very high number of point-to-point markets, and the impossibility to analyse each of those markets, the applicant proposes to analyse the five most important routes in Sweden (i.e.: Stockholm-Malmö(-Copenhagen), Stockholm-Gothenburg, Gothenburg-Malmö, Stockholm-Sundsvall-Umeå and Stockholm-Karlstad(-Oslo). The applicant argues that an exemption covering all of Sweden could be granted on the basis of market data for these most important routes. ‘Since these routes were of a high economic significance to SJ, the aggregate competitive conditions on these routes would exercise decisive influence over SJ’s procurement strategy’ (30).
(33) These routes are the most important routes for the applicant as they account for more than [confidential] % of revenues and almost [confidential] % of its profits (31). Moreover, these routes represent (32) almost [confidential] % of all routes, all operators combined, in terms of revenues and [confidential] % in terms of passenger-kilometres.
(34) The NCA indicates that ‘the relevant geographic market is defined on the basis of each point-to-point connection (without taking into account sub-routes, which are themselves additional geographic markets), unless supply substitution from sub-routes or longer routes constitutes a credible threat’ (33). Nevertheless, in its opinion, the NCA suggests that it is more appropriate to perform an aggregated competitive assessment of the most commercially significant important routes for the purpose of the assessment under Article 34 of Directive 2014/25/EU, considering that ‘many of the inputs and services being procured are joint costs’ (34). ‘Moreover, as already stated in the previous report, it is neither possible nor appropriate to assess the competitive pressure on each of the routes potentially capable of being defined. Instead, it seems more appropriate to make an aggregated assessment of the most commercially significant routes. Moreover, that approach seems all the more reasonable in the light of the purpose of the examination under Article 34 of the Directive and the fact that many of the inputs and services procured constitute joint costs. In line with the previous report, this means that the overall economic importance of sufficiently competitive markets must be balanced against the importance of non-competitive markets’ (35).
(35) The Commission finds indications that the provision of rail passenger transport services in Sweden is national in scope. First, the regulatory framework (such as the requirements to operate as a rail undertaking) is nationwide. Secondly, some providers (such as SJ, MTR, Transdev, etc.) operate on different routes in Sweden. It cannot be excluded that these providers might operate further routes depending on the evolution of market conditions. Thirdly, the characteristics inherent to the railway network must be taken into account. In particular, the existence of economies of scale and network effects, that is the generation of additional traffic by the linkage between various routes (36), is also an element pointing to the existence of a nation-wide market.
(36) Defining the relevant market as national in scope (i.e. all routes taken together) for the purpose of assessing the request under Article 34 of the Directive is also more appropriate since, according to the applicant, it procures ‘most of its inputs for commercially operated services on a joint basis’ (37). Furthermore, the applicant indicates: ‘SJ’s investments are predominantly related to purchasing of new fleets of trains as well as refurbishment/upgrades of existing fleets. These fleets are not pre-allocated to specific (sub-)routes but rather continuously allocated according to various market characteristics. These characteristics, such as consumer demand patterns, can shift over time and thereby induce a re-allocation of trains’ (38). The applicant further states that ‘the lion’s share of SJ’s purchases do not correspond to point-to-point markets, and thereby are not directly related to point-to-point-based market delineations, which are based on considerations relating to competition for revenues. Rather, SJ’s purchases jointly cover one or several routes’ (39). Furthermore, the applicant explains (40) that the NCA agrees with its view, that the assessment of whether the market is exposed to competition should be based on an aggregated competitive assessment given the large share of applicant’s joint purchases. The applicant explains that joint purchases are particularly relevant for the three routes (Stockholm-Malmö, Stockholm-Gothenburg and Gothenburg-Malmö), and that the relevant metric for assessing if those routes are exposed to competition is to assess them jointly.
(37) In view of the foregoing, for the purposes of the assessment under this Decision and without prejudice to the application of competition law, the Commission considers that the relevant geographic market is national in scope. However, for the sake of completeness and in line with the approach proposed by the applicant and the NCA, the Commission will also carry out an aggregated assessment of the degree of competition to which the applicant is exposed on the five most commercially significant routes in Sweden (taken together).
3.2.3. Market analysis
National level
(38) On the market covering commercially operated rail passenger transport services and rail passenger transport services operated under PSO contracts (including regional/short distance and long-distance railway passenger services operated under a PSO) the applicant estimates (hereinafter ‘2023E’) (41) its market share at [50 to 60] % in 2023 in terms of revenues (42). In the same year, the next market player was MTR with a market share of [20 to 30] %, followed by Transdev with [10 to 20] % and VR (former Arriva) with [5 to 10] %. As these market shares show, SJ’s market share is 2,5 times larger than that of its most immediate competitor and almost five and seven times larger than that of the third and fourth largest competitors, respectively. The applicant’s market share constitutes an preliminary indication of significant market power.
(39) On the market for the provision of commercial rail passenger transport services only, SJ’s share, in terms of revenues, is expected to be [70 to 80] % in the estimates for 2023E, up from the share of [70 to 80] % of 2019 (43) and the [70 to 80] % in 2016 (44). Similarly, its share for commercial railway passenger services in terms of passenger-km is expected to be around [80 to 90] % in 2023E (estimates provided by the applicant), slightly higher than the [80 to 90] % recorded in 2019 (45) and clearly higher than the [80 to 90] % of 2016 (46).
(40) According to SJ, the total Swedish market for commercial passenger services in 2023 is expected to remain more than 10 % below the size of 2019 (47), due to decreased business travel and the expansion of PSO services. SJ and A-Train, are the only commercial operators expected to increase their market share. A-Train is expected to have a [0 to 5] % share in 2023E compared to [0 to 5] % in 2019. In the case of FlixTrain the comparison is made with 2021, when it started operating (48).
(41) The stability and persistence of the applicant’s very large overall market shares seem to indicate that, its significant market power cannot be successfully contested by other rail operators at national level.
(42) The Commission also notes the existence of significant barriers to entry in the market for commercially operated rail passenger transport services in Sweden. These barriers concern notably the necessary high investment costs and associated economic risks for the acquisition of the rolling stock, and technical and regulatory requirements, such as for homologation of rolling stock in a country. In 2019, the NCA and the Swedish Transport Agency also pointed (49) to the existence of an entry barrier related to ticket distribution channels, which involve high costs that could discourage new entry and expansion. In its response to the Commission RFI, the NCA indicates (50) that some measures have been taken to remedy the situation. However, no action was taken for the development of other ticketing system for commercial rail services to remedy the fact that apart from the applicant’s ticketing platform, other platforms have little relevance and awareness amongst passengers.
(43) In addition to its analysis of market shares and barriers to entry, the Commission will also perform an analysis on revenues per passenger-km for the sake of completeness, which it will take into account in subordinate order to determine the degree of competition to which the applicant is exposed. According to Figure 1, from an aggregate perspective, the revenue per passenger-km (defined as the ratio of revenues to the number of passenger-km) since 2016 has been significantly larger for the applicant than the one of its alleged competitors.
Figure 1
Ratio of SJ revenue per passenger-km for commercial railway services to other operators
(51) (52) [confidential]
(44) Figure 1 shows that, compared to MTR, the applicant’s revenue per passenger-km was [confidential] % higher in 2019 and [confidential] % higher in 2023E. In the case of Transdev, its revenue per passenger-km has systematically been [confidential] lower than the applicant’s since 2016. The same pattern occurs for all other operators except A-Train. A-Train is the commercial operator of Arlanda Express, an express train service which operates on the route Stockholm City (Central Station)-Stockholm Arlanda airport (53). This route is clearly a very specific market (otherwise called ‘niche market’) whose particularities do not make it appropriate for a comparison with other passenger rail commercial services in Sweden. For A-Train the revenues per passenger-km are consistently [confidential] larger than those of the applicant. At the other extreme, FlixTrain primarily targets price sensitive passengers traveling for leisure purposes using low ticket prices (54). This is clearly reflected in the data, as the revenue per passenger-km of the applicant is more than double of FlixTrain’s in 2023E.
(45) The fact that the applicant is able to consistently keep a higher revenue per passenger-km over time and vis-à-vis competitors (except the particular case of A-Train) indicates that the applicant may not be subject to sufficient competitive pressure. Otherwise, it would be naturally expected that competitors would be able to either gain a significant amount of market share (as their revenue per passenger-km, and hence average price, is lower) or to charge higher prices at the expense of potentially not getting larger shares of passenger-km (but better profits due to increased revenues per passenger-km). The fact that neither of the two situations happens suggests that the applicant is acting independently of its competitors, which appear to be only attracting those consumers that are not commercially interesting to the applicant.
(46) The survey evidence provided by the applicant suggests that there may be some degree of segmentation of the market along the price and quality parameters. For instance ‘SJ’s competitor survey from December 2022 shows that FlixTrain’s customers view ticket price as a more important determinant for choice of operator than SJ’s customers. Further, FlixTrain outperforms SJ with regard to ticket pricing, whereas SJ outperforms FlixTrain with regard to parameters such as perceived “easiness to travel with”, which is an important driver for choice of operator for SJ’s customers.’ (55). Further, it seems that ‘leisure passengers represent the main target group for FlixTrain and Snälltåget and an important customer group for MTR’ (56), so it would seem that, at best, some commercial operators would be able to compete for only a limited fraction of the applicant’s customer base.
(47) The above analysis is based on aggregated data. The specificities of certain routes may suggest a different situation if a disaggregated approach is taken. This is considered in the next section.
(48) In view of the factors examined above, the Commission cannot conclude that the provision of commercially operated rail passenger transport services at national level in Sweden, regardless of how the product market is defined, is directly exposed to competition in the meaning of Article 34(1) of Directive 2014/25/EU.
Aggregated route level
(49) The importance for the applicant of its five most significant commercial routes (i.e. Stockholm-Malmö(-Copenhagen), Stockholm-Gothenburg, Gothenburg-Malmö, Stockholm-Sundsvall-Umeå and Stockholm-Karlstad(-Oslo) taken together, is expected to increase from [confidential] % in 2019 to [confidential] % in 2023E in terms of revenues. Gothenburg-Malmö is the sole route out the main five ones for which the share of revenue for the applicant is expected to decrease, from [confidential] % in 2019 to [confidential] % in 2023E. The revenues of the applicant in the other four main commercial routes are expected to increase (57). The comparison with 2022 yields similar qualitative conclusions, except for Gothenburg-Malmö, where the share of revenues remains unchanged (58).
(50) The applicant takes the view that the entirety of its activity is directly exposed to competition (59), including on each of the five above-listed routes. The factors explaining this conclusion are the competition exerted by providers of commercially operated rail passenger transport services, providers of rail passenger transport services under PSO contracts and intermodal competition.
(51) The Commission will carry out an assessment of the degree of competition to which the applicant is exposed on each on the above-identified five routes, before concluding at aggregated route level (taking the above-identified five routes together).
(52) For each of the above-identified five routes, the Commission will first examine the competitive situation on the market for rail passenger transport services under the two possible product market definitions (i.e. commercial and PSO services together and commercial services only). In its assessment of the competitive situation on the market for rail passenger transport services, the Commission will rely on the market shares of the applicant and its competitors and on the existence of significant barriers to entry, as explained in recital (42) (60). For the sake of completeness, in subordinate order, the Commission will also rely on a comparison of the revenue per passenger-km for the applicant and its competitors.
(53) For each of the above-identified five routes, the Commission will, second, determine the degree of competitive pressure from other modes of transport (if any), taking account of the following general considerations on intermodal competition.
(54) Bus travel and air travel recovered much slower than rail travel following the COVID-19 pandemic. The 2022 KTH Report informs that the provision of bus service had not recovered from the impact of the pandemic (61). As regards air travel, the applicant indicates that: ‘compared to passenger numbers in 2019, expected passenger numbers for air services in 2023 are lower on all four main routes. Further, in 2023 air services are expected to lose market share on all four routes compared to 2019. The most significant share decreases in terms of passengers are observed on the Stockholm-Malmö-Copenhagen and Stockholm-Gothenburg routes. Following the COVID-19 pandemic, demand for leisure travel has recovered well, whereas demand for business travel has not recovered to the same extent This has impacted travel by air more than travel by rail, since air services have traditionally been more oriented toward business travel.’ (62).
(55) The Commission notes that the competition from air transport is relevant only for the assessment of the end-to-end subroutes (STO-GOT, STO-MAL-COP, STO-UME and STO-OSL).
(56) As a general rule, the Commission will assess routes and sub-routes on the basis of their relative economic importance for the applicant.
3.2.3.1. Stockholm-Öresund (STO-ORE) (63) (57) This route, which includes trains operated between Stockholm, Malmö and Copenhagen, represented [confidential] % of SJ commercial railway services revenues in 2016, increasing to [confidential] % in 2022 and [confidential] % in 2023E (64). It is one of the two most important routes for the applicant, as it accounts for [confidential] % of profits (65). On this route the applicant’s competitor (operating commercial end-to-end train) is Transdev (Snälltåget). Regional PSO services are provided on different sub-routes.
(58) In a market encompassing both commercially operated and PSO rail passenger transport services, the situation is as described in the following recitals.
(59) In 2019 FlixTrain was expected to enter the route with two daily departures of commercially operated trains. However, this entry did not materialize and, in March 2024, FlixTrain cancelled all its applications for train paths for an indeterminate period.
(60) The market share of the applicant in the overall market in terms of revenues was [60 to 70] % in 2016 and it is expected to increase up to [60 to 70] % in 2023E. In terms of passenger-km it is expected to decrease from [50 to 60] % in 2016 to [50 to 60] % in 2023E (66). The other commercial service (Snälltåget) has remained with a stable share over the period. Öresundståg (owned by Transdev), which operates as a PSO in some sub-routes, has gained some market share in terms of passenger-km, but it has decreased more pronouncedly in terms of revenues. The 2022 KTH report (67) indicates that the applicant’s fast train accounts for nearly 80 % of the departures in the Malmö-Stockholm route and has the lowest average travel time. The price comparison of the report shows that the applicant’s fast train prices are double the price of other intercity trains between 2019 and 2022.
(61) The revenue per passenger-km of the applicant in the overall route is [confidential] than that of the other competitors (between 2016 and 2021 the applicant operated Mälardalstrafik). Figure 2 shows, for each year, the ratio of the applicant’s revenue per passenger-km compared to the ratio of each other operator. For example, in 2023E the revenue per passenger-km of the applicant is [confidential] % than Snälltåget’s (SJ revenue / Snälltåget revenue = [confidential]). Compared to the other operators, the applicant’s revenues per passenger-km are between [confidential] and almost [confidential] in 2023E.
Figure 2
Relative differential of SJ revenues per passenger-km compared to other operators in STO-MAL-COP
(68) [confidential]
(62) The prices of Snälltåget are generally [confidential] than the applicant’s ticket prices. The ticket price comparison provided by the applicant suggests that Snälltåget competes primarily for [confidential] customers (69). [confidential] (70).
(63) In a market for commercially operated rail passenger transport services only, the Commission notes that the applicant has only one competitor – Transdev. The applicant enjoys an even stronger market position than on a market also encompassing PSO services, with a market share of almost [80 to 90] % (71) in terms of passenger-kilometres.
(64) Bus transport’s share (72) is very low compared to train services (73). Moreover, the price (bus tickets approximately cost half of the train tickets) and time travel differences (8 hours against 5 hours or less) compared to train services are so significant (74) that bus services exert a very limited competitive constraint on train services.
3.2.3.1.1. Stockholm-Öresund (STO-ORE) (end-to-end) sub-route
(65) This sub-route is expected to account for over [confidential] % of the applicant’s revenues in the overall route in 2023 (75). Based on total revenues for all railway passenger operators, end-to-end travel is expected to account for around [confidential] % of revenues of the overall route. It is the single most important sub-route on this route. The applicant’s market share in commercial services has remained stable at an extremely high level: [80 to 90] % of revenues and [80 to 90] % of passenger-km in 2016, compared to a [80 to 90] % (expected [80 to 90] % in 2023E) and [80 to 90] % (expected [80 to 90] % in 2023E), respectively, in 2022. The applicant’s increase is to the detriment of the sole other commercial operator (Snälltåget) (76).
(66) In 2023E, SJ’s revenue per passenger-km was [confidential] than Snälltåget’s.
Figure 3
Relative differential of SJ revenues per passenger-km compared to other operators in STO-MAL-COP end-to-end
(77) [confidential]
(67) Bus transport’s share is very low ([0 to 5] % in passengers (78)) compared to train services (79). Moreover, the price and time travel differences compared to train services are so significant (80) (bus tickets cost approximately half of the train tickets travel time by bus is 8 hours against 5 hours or less by train) that bus services exert a very limited competitive constraint on train services.
(68) On this route, the NCA indicates (81) that it is likely that there is some competitive pressure from air transport and potentially increasing competitive pressure from the low-cost flights.
(69) Three airline companies offer direct flights between Stockholm airports Arlanda and Bromma and the airports in the Öresund region: Copenhagen and Malmö. Ryanair, which entered the market in 2021 offering journeys from Stockholm (Arlanda and Bromma) to Malmö and Copenhagen, has exited. Overall, air travel has lost market shares on this route since 2019, while the applicant’s shares have increased (82).
(70) In an intermodal market including commercially operated rail passenger transport services, PSO rail passenger transport services, air and bus transport, the Commission notes that the applicant has a market share of [40 to 50] % in terms of passengers (83).
(71) Total travel time (84) is one hour and half shorter by rail than by air, which gives rail a slight advantage.
(72) Regarding air transport, SAS’ prices (85) are about [confidential] than the applicant’s comparable tickets (in terms of class and flexibility) and steeply increase as the purchase date approaches the date of departure, [confidential] (86). Similar qualitative conclusions can be drawn from the comparison with Braathens (BRA) (87) (Figs. 23, 24 of Annex 32 submitted on 21-12-2023). A price comparison with Ryanair, is no longer relevant since Ryanair no longer offers services on that route.
(73) The 2022 KTH report also shows that average ticket prices for flights between Stockholm and Malmö are in general more than double train ticket prices (88).
(74) Approximately [confidential] % of the applicant’s tickets in the route are sold within 15 days ahead of departure (89). This is precisely the time period where flight and train prices significantly diverge from one another. The pricing patterns of SAS and BRA are very similar while the pricing patterns (but not the price levels) of the applicant and Snälltåget are also very similar. Flight operators have different pricing pattern and price levels from that of rail operators. [confidential] (90). There are therefore clear differences in terms of prices of rail and air tickets. Due to their [confidential] prices, air services are likely to only exert a limited competitive pressure on the rail services of the applicant.
3.2.3.1.2. Stockholm-Östergötland (STO-OST) sub-route
(75) This sub-route is expected to account for just under [confidential] % of the applicant’s revenues in the overall route in 2023. Based on overall revenues for all rail passenger transport operators on this route, this sub-route is expected to account for around [confidential] % in 2023 (91).
(76) The market share of the applicant in terms of revenues was [90 to 100] % in 2016 (92). The applicant’s share in terms of revenues was [80 to 90] % in 2023E, up from [70 to 80] % in 2019 (when Mälardalstrafik’s was [5 to 10] %). The situation is similar in terms of passenger-km, where the applicant has a very high market share of [80 to 90] % (93).
(77) Every year between 2019 and 2023E, SJ’s revenue per passenger-km has been [confidential] % higher than Snälltåget’s.
Figure 4
Relative differential of SJ revenues per passenger-km compared to other operators in STO-OST
(94) [confidential]
3.2.3.1.3. Hässleholm-Malmö (HAS-MAL) sub-route
(78) This sub-route is expected to account for [confidential] % of the revenues of the overall route, based on the revenues for all operators (95). In terms of revenues, the market share of SJ is very small at [0 to 5] % in 2023E. Öresundståg is operator with the largest market share by far ([60 to 70] % in 2023E), with Pågatåg second with [20 to 30] % in 2023E. Market shares of all operators have remained fairly stable between 2019 and 2023E. In terms of passenger-km, the shares of SJ are smaller (0,3 % in 2023E) but the overall picture is qualitatively similar.
(79) The revenue per passenger-km of SJ in this sub-route is [confidential] % larger than Snälltåget’s for every year between 2019 and 2023E. It is almost [confidential] larger than the revenue per passenger-km of Öresundståg and Pågatåg in 2023E, as shown in Figure 5.
Figure 5
Relative differential of SJ revenues per passenger-km compared to other operators in HAS-MAL
(96) [confidential]
(80) Hässleholm-Malmö sub-route is the last section (78km) of the Stockholm-Malmö route (513 km). The Commission notes also the observations made by the applicant regarding the very last section of this sub-route (Lund/Malmö-Copenhagen): ‘Competing for commuters on this sub-route is not a primary objective for SJ, since the passenger volumes cannot be efficiently handled based on SJ’s supply of departures. Moreover, if SJ were to position itself as a strong competitor for commuters, commuter travel would risk offsetting travel on the longer distance sub-routes, which are important revenue generators for SJ on the Stockholm-Malmö/Copenhagen route’ (97).
3.2.3.1.4. Alvesta-Malmö (ALV-MAL) sub-route
(81) This sub-route is expected to account for almost [confidential] % of total revenues of the overall route in 2023E and almost [confidential] % of the revenues of the applicant (98).
(82) The revenues market share of the applicant, when the PSO operator Öresundståg is included, has increased slightly from [40 to 50] % in 2019 to [40 to 50] % in 2023E. In terms of passenger-km SJ’s share has decreased from [20 to 30] % to [20 to 30] % between that period. If Öresundståg is excluded from the market share calculations, the revenues share of the applicant in the commercial operations is [80 to 90] % every year between 2019 and 2023E (applicant’s share in terms of passenger-km is [70 to 80] %, with a minimum in the period of [70 to 80] % in 2020). Both Öresundståg and Snälltåget are operated by Transdev.
(83) The revenue per passenger of SJ is also [confidential] % higher than that of the other commercial operator (Snälltåget) and between [confidential] larger than that of the PSO operator (Öresundståg).
Figure 6
Relative differential of SJ revenues per passenger-km compared to other operators in ALV-MAL
(99) [confidential]
3.2.3.1.5. Lund-Malmo / Copenhagen LUN/MAL-COP sub-route
(84) In this sub-route the presence of the applicant is extremely small ([0 to 5] % share in terms of revenues and passengers) (100).
(85) Nevertheless, in 2023E the revenue per passenger of the applicant’s commercial services (i.e., not including SJ traffic while it had the PSO contract for Öresundståg) was [confidential] than in 2016 and has [confidential] since 2019, [confidential] (101).
3.2.3.1.6. Linköping-Norrköping LIN-NOR sub-route
(86) The shares of the applicant in this sub-route are below [0 to 5] % both in terms of revenues and passengers. The PSO operator Östgötatrafiken has between [90 to 100] % shares of passengers and revenue in the sub-route (102).
(87) Östgötatrafiken holds PSO contracts which, being so called production contracts (103), include a remuneration for operations whereas ticket sales, including the determination of ticket prices, are managed by the procuring entity (104).
(88) The ability of a PSO operator to exert a competitive constraint on commercially operated services is related to the degree of similarity of the respective services. For instance, the business model of the PSO Östgötatrafiken focuses on short distance and interurban commuting within the Östergötland region, offering the possibility to get tickets that combine train with city bus and tram (105). Alternatively, the business model of Öresundståg is based on a joint regional train system with train traffic in Sweden and Denmark, including the traffic between Malmoe and Copenhagen through the Öresund bridge (106). Compared to a commercial operator offering train connections between cities, the business model of Öresundståg is likely to be perceived as a closer alternative than that of Östgötatrafiken (in their respective geographic areas), whose business model may appear as more complementary.
(89) The revenue per passenger (107) of the applicant is [confidential] than other operators between 2016 and 2023E, [confidential] (108).
Conclusions STO-ORE
(90) As in its 2019 opinion (109), in the answer to the Commission RFI, the NCA concludes that ‘the competitive pressure on the route in question continues to exist to such an extent that SJ cannot act completely independently in its pricing practices, but the Competition Authority does not consider that the competitive pressure, if not weaker than last, is sufficient to conclude that the route is directly exposed to competition.’ (110).
(91) In a market encompassing both commercially operated and PSO rail passenger transport services, the Applicant has high market shares of [50 to 60] % in terms of passenger-km on the overall route and high market shares on the most important sub-routes. SJ’s market shares are low only on three sub-routes (HAS-MAL, LUN-MAL-COP and LIN-NOR) which are of very limited economic importance for the applicant. The applicant’s market shares are even higher in the market for commercially operated rail passenger transport market.
(92) Additionally, bus and flight operators have limited market shares and different offer characteristics. Consequently, they do not impose a sufficient competitive constraint on the applicant. Even if the level of competitive constraints may not be identical across sub-routes, when the importance of each sub-route is considered, the applicant is able to behave independently from other rail passenger transport operators to a sufficient extent for its activity not to be considered subject to enough competitive pressure.
(93) In view of the factors examined above, and considering that inter-modal competition exerts a limited constraint on the applicant, the Commission cannot conclude that the activity of provision of commercially operated railway services on the Stockholm-Öresund route is directly exposed to competition.
3.2.3.2. Stockholm-Gothenburg (STO-GOT)
(94) This overall route represented [confidential] % of the applicant’s commercial railway services revenues in 2016, slightly decreasing to [confidential] % in 2023E (111). Together with Stockholm-Öresund route, this is one of the two most important routes for the applicant. This route accounts for [confidential] % (112) of its profits.
(95) The commercial operators on this route were the applicant, MTR and FlixTrain (end-to-end train). FlixTrain has stopped operating trains between Stockholm and Gothenburg in January 2024. PSO rail passenger transport services are provided on different sub-routes.
(96) In a market encompassing both commercially operated and PSO rail passenger transport services, the situation is described in the following recitals.
(97) Overall, the market share of the applicant in terms of revenues decreased from [80 to 90] % in 2019 to [80 to 90] % in 2023E. In terms of passenger-km it decreased from [70 to 80] % to [70 to 80] % in the same period (113). For comparison, the second major operator on this route, MTR held in 2023E a market share of [10 to 20] % both in terms of revenues and passenger-km (114).
(98) The 2022 KTH report (115) indicates that SJ’s fast train has consistently held roughly half of the departures in the Stockholm-Gothenburg route (in both directions) with the lowest average travel time. Including SJ’s regional train, the applicant accounts for roughly 70 % of the departures in the route.
(99) SJ’s revenue per passenger-km is over [confidential] % larger than that of MTR, the second major commercial operator and significantly larger than that of Västtrafik and FlixTrain [confidential]. [confidential]
Figure 7
Relative differential of SJ revenues per passenger-km compared to other operators in overall STO-GOT
(116) [confidential]
(100) MTR’s ticket prices in second and first class are lower than the corresponding SJ ticket classes. [confidential]
(101) The cumulative distribution of tickets sold by the applicant for end-to-end travel on the STO-GOT route until departure (117) shows that 60 days ahead of departure the applicant has sold slightly over [confidential] % of the tickets for the trip and from 22 days until departure roughly [confidential] % of the tickets are sold. Therefore, in the period of 22 to 60 days ahead of departure roughly [confidential] % of the applicant’s tickets are sold. Of this [confidential] %, the applicant will give consideration to MTR prices unless a sold out is expected. In addition, business and economy extended tickets seem more frequently sold in the period up to 22 days ahead of departure (compared to the economy tickets) (118). In view of the fairly stable price differential between the applicant and MTR described above, it is unclear whether the applicant’s behaviour is actually influenced by MTR prices.
(102) An additional price comparison is included in the request (119), where average ticket prices for SJ, MTR and airlines are presented according to time slots of departure. [confidential]
(103) The applicant underlines that it scrutinises MTR’s pricing strategies in order to adapt its own (120). [confidential].
(104) Conversely, for earlier ticket purchases (121), the applicant seems to be able to set its prices very much independently of airline companies, getting closer to MTR, but still [confidential] than MTR in most time slots.
(105) The number of average daily departures from Stockholm to Gothenburg of the applicant’s high speed train between weeks 16 and 19 is 15 (122), compared to 9 for MTR. In addition, the applicant has an average of 8 regional trains on the route. MTR has the same average number of departures from Stockholm to Gothenburg but the applicant has on average 16 high speed trains and 10 regional ones. Therefore, the offer of the applicant is much wider and covers a wider range of times of the day compared to MTR.
(106) Other modes of transport, like bus or regional trains, may have relatively close departures to the applicant’s high speed trains, but their characteristics and travelling times do not make them comparable to a high speed train service. For flights, the actual departure of the passenger to arrive on time to the flight is well beyond what is required of trains or buses and therefore not directly comparable.
(107) Overall, the scale of operations and the capacity to operate more slots limits the competitive pressure by MTR in this route.
(108) The prices of FlixTrain are much lower than SJ’s. [confidential] (123). The very low frequencies (124) of FlixTrain and its basic level of comfort (125) mean FlixTrain targets a very specific set of customers, different from those of the applicant’s. For instance, FlixTrain’s customers view ticket price as a more important determinant for choice of operator than the applicant’s customers (126), suggesting a segmentation of the market that would shield the applicant from its direct competitive pressure.
(109) Regarding entry and exit, the STO-GOT market has shown some activity in the recent years. Blå Tåget left the market in the summer of 2019 due to lack of profitability (127). The NCA views this market exit as a possible reduction on competition on this route (128). MTR had entered in 2015 (129), but is exiting the market in 2024, following a deal to sell the company to the Finnish state-owned company VR Group. According to the Moody’s Orbis database, MTR Express (Sweden) AB, the MTR Group subsidiary operating in this route has reported losses every year between 2015 and 2022 (last available year in the database at the moment of consult).
(110) FlixTrain has been allocated slots for three daily departures from the spring of 2020 on this route but entered the market in May 2021. Its market share was very low. FlixTrain primarily targeted price sensitive passengers traveling for leisure purposes using low ticket prices (130). Early 2024, FlixTrain cancelled all its departures on this route for an indefinite period (131).
(111) The other operator, Västtrafik AB, is owned by the Västra Götaland region and its market share has remained very small and even decreasing over time.
(112) In a market for commercially operated rail passenger transport services only, the Commission notes that the situation is very similar with the one described in recital (95), as PSO services accounts for [0 to 5] % in terms of revenues and [0 to 5] % in terms of passenger-kilometres.
(113) Bus transport’s share is very low ([0 to 5] %) compared to train services (132). Moreover, the time (6 to 7 hours against 3 hours approximately) travel differences compared to train services are so significant (133) that it does not seem to exert any significant competitive constraint on rail services.
3.2.3.2.1. Stockholm-Gothenburg (STO-GOT) (end-to-end) sub-route
(114) The end-to-end connection for STO-GOT is by far the most important sub-route of the market, account for over [confidential] % of revenues on the route for the applicant and overall (134). This means that the overall analysis performed above gives an accurate picture also for this sub-route. Nevertheless, the applicant has submitted further disaggregated data concerning specifically end-to-end traffic. According to these data, the revenues share of the applicant in the sub-route has increased from [70 to 80] % in 2016 to [80 to 90] % in 2023E (and decreased from [70 to 80] % to [70 to 80] % in terms of passenger-km). The share of MTR remains fairly stable at a much lower level (market share of [10 to 20] % in terms of revenues and [20 to 30] % in terms of passenger-km, in 2023E (135)) and FlixTrain has acquired some very small market share that is decreasing in 2023E compared to 2021. Västtrafik does not operate in this sub-route.
(115) Three airline companies offer flights between Stockholm airports Arlanda and Bromma and Gothenburg airport. Total travel time is similar by railway and by air.
(116) In an intermodal market including commercially operated rail passenger transport services, PSO rail passenger transport services, air and bus transport, the Commission notes that the applicant has a market share of [60 to 70] % in terms of passengers (136).
(117) Regarding air transport, SAS’ prices are around [confidential] than the applicant’s comparable (in terms of class and flexibility) tickets [confidential] (137). Similar qualitative conclusions can be drawn from the comparison with BRA (138). Concerning the price comparison with Ryanair, it is not clear to what extent such a comparison is appropriate given that the route seems to be available only during the summer season.
(118) The 2022 KTH report also shows that average ticket prices for flights between Stockholm and Gothenburg are in general more than double than train tickets (139).
(119) Roughly [confidential] % of the applicant’s tickets in the route are sold within 15 days ahead of departure (140). This is precisely the time period where flight and train prices diverge from one another. The pricing patterns of SAS and BRA are very similar while the pricing patterns (but not the price levels) of the applicant and MTR are also very similar. However, the pricing pattern and price levels of flight operators are very different from that of rail operators. Additionally, there are clear differences in terms of passenger experience and characteristics of each mode of transport. Altogether this indicates that flights do not exert a significant competitive constraint on rail transport between Stockholm-Gothenburg.
3.2.3.2.2. Stockholm-Skövde (STO-SKO) sub-route
(120) The STO-SKO sub-route accounts for around [confidential] % of SJ’s as well as overall revenues on the overall route in 2023 (141).
(121) The applicant has gained market share in terms of revenues between 2016 ([70 to 80] %) and 2023E ([80 to 90] %) at the expense of the other two operators (MTR and FlixTrain). Västtrafik does not operate this sub-route. The applicant’s share in terms of passenger-km also increased from [70 to 80] % in 2016 to [80 to 90] %in 2023E (142).
3.2.3.2.3. Skövde-Gothenburg (SKO-GOT) sub-route
(122) The third most important sub-route is Skövde-Gothenburg, which accounts for almost [confidential] % of overall revenues on this route. On this sub-route, the applicant has market shares of [70 to 80] % in terms of revenues and [60 to 70] % passenger-km (143).
Conclusions Stockholm-Gothenburg
(123) The NCA considers (144) that the competitive pressure has not been reduced since the date of its opinion of 2019. In its view, apart from the competition from MTR it is likely that both new entrants FlixTrain and Ryanair increase competitive pressure on the route. The NCA concludes (145) that the route continues to be considered directly exposed to competition despite the applicant’s high market shares.
(124) The Commission notes that the applicant has very high and rather stable market shares on the overall route and on the most important sub-routes and that the applicant’s market shares are four times higher than those of its next competitor MTR. The Commission also notes FlixTrain’s low market shares and recent cancellation of all departures as well as Bla Taget’s market exit.
(125) In addition, the analysis of the evidence for the sub-routes and the overall Stockholm-Gothenburg route shows that, regardless of whether PSO operators are to be taken into account, the applicant is able to apply pricing patterns and to maintain a significant price margin with respect to other commercial and PSO operators over time, while not seeing its market share significantly affected.
(126) Bus and flight operators have limited market shares and different specificities in terms of characteristics of their offer showing that they do not impose a sufficient competitive constraint on the applicant. Ryanair’s exit from the Stockholm-Gothenburg route raises further doubts on the competitive pressure from airlines on the applicant. Even if the level of competitive constraints may not be identical across sub-routes, when the importance of each sub-route is considered, the applicant is able to behave independently from other rail transport operators to a sufficient extent for its activity not to be considered subject to enough competitive pressure.
(127) In view of these factors, and considering that intermodal competition does not exert a competition constraint on SJ, the Commission cannot conclude that the activity of provision of commercially operated railway services the Stockholm-Gothenburg route is directly exposed to competition.
3.2.3.3. Gothenburg-Malmö
(128) The route is the third most important route in Sweden. For SJ this route is much less important than the previous two main routes from a revenue and profitability point of view, as it accounts for [confidential] % of the applicant’s total revenue (146) and [confidential] % of its profit (147).
(129) In the overall route, the market share of the applicant has clearly fallen both in terms of revenues ([10 to 20] % in 2023E) and passenger-km ([10 to 20] % in 2023E). Concerning the other two PSO providers, Pågatåg has also experienced a decrease in market share, while Öresundståg has clearly increased its presence on this route. MTR had only a testimonial presence in this market. The applicant had withdrawn from this route in April 2012, but resumed its operations in December 2013 with an upgraded service with reduced travel time. The applicant operated the Öresundstagen PSO contract in 2021 and 2022. The PSO contract was due to expire in 2030, but was prematurely terminated in December 2022, with the agreement of both parties, due to changes of operating conditions. During 2021 and 2022 the applicant faced no competition in the two major sub-routes and reduced competition overall. The applicant had a market share of almost [60 to 70] % in 2021 and [60 to 70] % in 2022 in terms of revenues and [50 to 60] % in 2021 and [60 to 70] % in 2022, in terms of passenger-km. Transdev took over that PSO contract, whose ticket prices and number of departures are heavily regulated.
(130) The 2022 KTH report indicates (148) that the SJ fast train accounted for almost one third of the departures in the MAL-GOT sub-route (in both directions) in 2019 and that it went down to one fifth in 2022. The number of departures of Öresundståg remained constant in the period. The SJ fast train had the lowest average travel time.
(131) As illustrated in Figure 8, the revenue per passenger-km of the applicant is larger than the one of the other operators.
Figure 8
Relative differential of SJ revenues per passenger-km compared to other operators in overall GOT-MAL
(149) [confidential]
(132) In a market for commercially operated rail passenger transport services only, the Commission notes that the applicant has no competitor.
(133) Regarding bus transport, the share is low ([10 to 20] %) compared to train services (150). The price and time travel are comparable to train PSO services but the applicant’s service is still significantly faster (2 hours 35 against 3 hours to 3 hours 25) and more expensive (between 30 % and 100 % approximately) than bus services for tickets purchased between 0 to 14 days ahead of departure (151). As a result, bus services may exert some competitive pressure in this route.
3.2.3.3.1. Gothenburg-Malmo GOT-MAL (end-to-end) sub-route
(134) End-to-end travel is expected to account for around [confidential] % of revenues on this overall route in 2023.
(135) On the end-to-end travel (which represents [confidential] % of the applicant’s revenue and [confidential] % overall (152)) the applicant had in 2023 market shares of [20 to 30] % based both on revenue and on passenger–kilometres (153).
(136) Öresundståg sets constant prices regardless of the anticipation of the purchase with respect to the date of departure (154). Its PSO contract is a production contract, which includes a remuneration for operations whereas ticket sales, including the determination of ticket prices, are managed by the contracting authority (155). Therefore, Öresundståg is not entitled to apply more complex price schemes or take other actions that would allow it to compete in the market more effectively as a commercial operator. [confidential].
3.2.3.3.2. Gothenburg-Halmstad GOT-HAL sub-route
(137) This sub-route is expected to account for around [confidential] % of the applicant’s revenues on the overall route and around [confidential] % of overall revenues. it has market shares of almost [10 to 20] % in terms of revenue and [5 to 10] % in terms of passenger-kilometres (156).
3.2.3.3.3. Gothenburg-Boras GOT-BOR sub-route
(138) SJ’s share has slightly decreased, in terms of passengers, from [20 to 30] % in 2019 to [20 to 30] % in 2023E. However, its share in terms of revenues has increased from [30 to 40] % to [30 to 40] % in the same period (157).
(139) The revenue per passenger of SJ is [confidential] than that of Västtåg [confidential].
Figure 9
Relative differential of SJ revenues per passenger compared to other operators in overall GOT-BOR
(158) [confidential]
(140) In view of the factors examined above, the Commission considers that currently the activity of provision of commercially operated railway services on the Gothenburg-Malmö route can only be considered to be directly exposed to competition in a market encompassing both commercially operated and PSO rail passenger transport services.
Conclusions Gothenburg-Malmö
(141) The Competition Authority considers (159) that this route may continue to be regarded as directly exposed to competition in view of the competitive pressure both bottom-up and top-down and the decrease of the applicant’s market share over time.
(142) In view of the factors examined above, the Commission considers that currently the activity of provision of commercially operated railway services on the Gothenburg-Malmö route can only be considered to be directly exposed to competition in a market encompassing both commercially operated and PSO rail passenger transport services.
3.2.3.4. Stockholm-Sundsvall-Umeå (STO-SUN-UME)
(143) This is the fourth most important route in Sweden and it represents (160) overall, around [confidential] %, both of the total revenues and of total passenger–kilometres, of all five main routes, all operators combined. This is SJ’s third most important route as it accounts for [confidential] % of its revenues (161) and almost [confidential] % of its profits (162). This route is currently operated (end-to-end train) by the applicant and by Vy under PSO contract for a night train. Railway PSO services are operating different sub-routes.
(144) In a market encompassing both commercially operated and PSO rail passenger transport services, the situation is described in the following recitals.
(145) In overall terms, the revenues’ market share of the applicant has increased from [70 to 80] % in 2016 to [70 to 80] % in 2023E. The increase in terms of passenger-km has been from [60 to 70] % to [60 to 70] % (163).
(146) The 2022 KTH report (164) indicates that SJ fast train accounts for the vast majority of departures in the SUN-STO route (in both directions) and the lowest average travel time. SJ fast train represents nearly half of the departures in the UME-STO (in both directions) and has the lowest average travel time.
(147) SJ’s revenue per passenger-km is significantly higher than all other operators ([confidential]) except the Övre Norrland Night train. In 2019, this PSO contract was operated by SJ which had a revenue per passenger-km around [confidential] % higher. The PSO contract has been operated by Vy since 2020. After the loss of the PSO night train contract in December 2020, the applicant started operating a night train on a commercial basis. Excluding the years of the pandemic (2020 and 2021), the differential in revenue per passenger-km [confidential].
Figure 10
Relative differential of SJ revenues per passenger-km compared to other operators in overall STO-SUN-UME
(165) [confidential]
(148) The Commission notes that despite the decrease in the applicant’s market shares, in nominal terms both the revenues and the passenger kms, accounted for by the applicant are higher in 2023 than in 2019. Additionally, the Commission notes that Vy will not extend the PSO contract which expires in December 2024, on the ground that it incurred higher costs than expected (166).
(149) In a market for commercially operated rail passenger transport services only, the Commission notes that SJ has no competitor.
(150) Bus transport’s share is very low ([0 to 5] % in terms of passengers in 2023E) compared to train services (167). Moreover, the quality and time travel differences (6 hours against 9 hours) compared to train services are so large (168) that it does not seem able to exert a competitive pressure on rail transport.
3.2.3.4.1. Stockholm-Umeå STO-UME (end-to-end) sub-route
(151) This sub-route is expected to account for around of [confidential] % of the applicant’s revenue in the overall route in 2023 and for around [confidential] % of revenue if all operators are considered (169).
(152) In this sub-route the share of the applicant dropped due to the loss of a PSO contract in favour of Vy. From the point of view of commercially operated services the share of the applicant (as sole commercial operator in the route) remains at [90 to 100] %. Regarding the PSO operations, taking 2019 as reference (the last year the applicant operated as monopolist the sub-route, both from a commercial and a PSO perspective) it seems that the commercial share in terms of passenger-km has only been mildly eroded (from [70 to 80] % in 2019 to [60 to 70] % in 2023E). However, the share of SJ has increased in terms of revenues from [60 to 70] % in 2019 to [60 to 70] % in 2023E (170).
(153) The revenue per passenger-km of the applicant is [confidential] than the PSO service. [confidential].
Figure 11
Relative differential of SJ revenues per passenger-km compared to other operators in overall STO-UME end-to-end
(171) [confidential]
(154) The applicant operated the Night train Övre Norrland until the end of 2020. Vy has been awarded the contract until the end of 2024. However, the contracting authority, Trafikverket, has announced that there is no operator from 2025 onwards and that an emergency contract is expected to be awarded directly – the applicant has been asked to take over the traffic operations, but neitherdecisions have been made nor agreements entered into yet (172). SJ started its commercial night train service on 13-12-2020, coinciding with the transfer of the operations to Vy under the night train PSO contract (173).
(155) The average price of the applicant’s night train service is lower than the night train PSO Övre Norrland’s (174). SJ’s night train’s travel time is larger. Additionally, the applicant offers several other train services, including high speed train (175) so the night trains represent only a part of its interests in this sub-route.
(156) On the end-to-end sub-route, three airline companies operate direct flights. Travel time by railway is around 5 hours, while total travel time by air is three hours.
(157) The NCA considers (176) that ‘the difference in travel time between rail and air is approximately 2 hours, which is approximately the same difference in travel time as on the Stockholm-Öresund route, so that the competitive pressure from this mode of transport should be comparable on the two routes. For several years, track work has been ongoing on the route, which significantly extended the journey time for trains, but the track work was completed in 2023’.
(158) In an intermodal market including commercially operated rail passenger transport services, PSO rail passenger transport services, air and bus transport, the Commission notes that the applicant has a market share of [10 to 20] % in terms of passengers (177).
(159) Regarding air transport, SAS’ prices are [confidential] than the applicant’s comparable tickets and steeply increase as the purchase date approaches the date of departure, becoming [confidential] when the purchase is made 10 days or less ahead of departure (178). Similar qualitative conclusions can be drawn from the comparison with BRA (179) and Norwegian (180).
(160) The 2022 KTH report also shows (181) that average ticket prices for flights between STO-UME are in general over 50 % more expensive than train tickets.
(161) Approximately [confidential] % of the applicant’s tickets in the route are sold within 15 days ahead of departure (182). This is precisely the time period where flight and train prices become totally apart from one another. The pricing patterns of SAS, BRA and Norwegian are very similar while the pricing patterns (but not the price levels) of train operators are also very similar. However, the pricing pattern and price levels of flight operators are very different from that of rail operators. Additionally, there are clear differences in terms of travel time, passenger experience and characteristics of each mode of transport.
(162) In view of the above, the Commission concludes that flights may exert competitive pressure on rail transport on STO-UME end-to-end.
3.2.3.4.2. Gävle-Sundsvall (GAV-SUN) sub-route
(163) Gävle-Sundsvall sub-route accounts for [confidential] % of the applicant’s revenue on this route and [confidential] % of the overall revenues (all operators on this route) (183).
(164) X-tåget and the applicant are the sole operators in the sub-route with X-tåget being the leader with [50 to 60] % share of revenues in 2023 ([60 to 70] % of passenger-km). The revenues share of the applicant has increased from [30 to 40] % in 2016 to [40 to 50] % in 2023E (and from [20 to 30] % to [30 to 40] % in terms of passenger-km) (184). The PSO operator has fixed prices for tickets, which are much lower than the levels of the applicant’s ticket prices (185), while the average travel time is almost identical (186).
(165) The price comparison of the applicant’s price tickets with X-Trafik’s shows a sharp difference, with over 50 % higher prices for SJ’s Intercity and Fast train economy classes, and more than triple for business tickets (187). Given the large price differences it is not clear whether the applicant and X-Trafik would be competing for the same profile of customers (188).
3.2.3.4.3. Uppsala-Gävle UPP-GAV sub-route
(166) Uppsala-Gävle sub-route accounts for [confidential] % of the applicant’s revenue on this route and [confidential] % of the overall revenues (all operators on this routes) (189). Upptåget and the applicant are the sole operators in the sub-route with Upptåget being the leader with [70 to 80] % share of revenues in 2023E and [80 to 90] % of passenger-km. The revenues share of the applicant has increased from [10 to 20] % in 2016 to [20 to 30] % in 2023E and from [5 to 10] % to [10 to 20] % in terms of passenger-km (190).
(167) SJ’s and Mälartåg’s business models are different in this sub-route. The applicant offers this connection as part of longer distance routes serving these cities, while Mälartåg, as PSO operator, connects Uppsala and Gävle with many stops along the route (191).
(168) Mälartåg sets constant prices regardless of the anticipation of the purchase with respect to the date of departure (192). Its PSO contract is a production contract, which includes a remuneration for operations whereas ticket sales, including the determination of ticket prices, are managed by the procuring entity (193). Therefore, Mälartåg is not entitled to apply more complex price schemes or take other actions that would allow it to effectively compete in the market as a commercial operator would do.
(169) The applicant offers four types of services in this sub-route: Fast train economy, Fast train business, Intercity economy and Intercity business. [confidential].
3.2.3.4.4. Stockholm-Uppsala (STO-UPP) sub-route
(170) Stockholm-Uppsala sub-route is indicated by the applicant and by the NCA as an important sub-route, which could be regarded as a further main route. This sub-route accounts for [confidential] % of the applicant’s revenue on this route and [confidential] % of the overall revenues (all operators on this routes) (194). The STO-UPP is comparable in size, from an overall revenue perspective to the STO-KAR-OSL route (195).
(171) On this sub-route the applicant operates a commercial train service and has as competitor MTR who operates under PSO contracts (Aktiebolaget Storstockholms Lokaltrafik-“SL” and Mälardalstrafik MÄLAB AB – “Mälartåg”).
(172) SJ’s revenues per passenger-km are roughly [confidential] of those from SL, a PSO contract operated by MTR. According to the 2022 KTH report (196), the SL commuter train Stockholm-Uppsala partly competes with the applicant’s commercial train service between the end points but complements it by going via Arlanda and having several stops. The PSO contract with SL was prematurely terminated, and since March 2024 the applicant operates it under an emergency PSO contract for two years.
(173) Mälardalstrafik is another PSO contract currently operated by MTR. This contract is going to be taken over by Transdev following an emergency contract with open books. The revenue per passenger-km of this PSO contract is closer to the applicant, but the applicant’s is still lower. The 2022 KTH report indicates that Mälartåg also competes with the applicant’s commercial Stockholm-Uppsala service, but through the Movingo ticketing partnership the services complement each other.
Figure 12
Relative differential of SJ revenues per passenger-km compared to other operators in overall STO-UPP
(197) [confidential]
(174) SL and Mälardalstrafik’s prices remain the same irrelevant of the date of departure (198). Both PSO contracts are production contracts, which include a remuneration for operations whereas ticket sales, including the determination of ticket prices, are managed by the procuring entity (199). Given the conditions governing their respective PSO contracts they are not entitled to apply more complex price schemes or take other actions that would allow them to effectively compete in the market as a commercial operator would do.
(175) The Stockholm-Uppsala sub-route is served by frequent trains from the three operators (e.g., the SL commuter train offers services every 30 minutes from early morning) (200). Both SJ and PSO operators have services connecting directly the two cities. Additionally, the services offered by SJ include this connection as part of a longer route passing through these two cities (201).
(176) [confidential] The applicant has decided to cease its commercial railway passenger service on this route as from December 2024 (202). Nevertheless, ‘certain trains that operate on longer routes which include travel between Stockholm and Uppsala, such as e.g. on the Stockholm – Sundsvall – Umeå route, will continue to make a stop in Uppsala.’ (203). As a result, the applicant will still be present in this market from a commercial perspective. In addition, the applicant began operating the PSO contract for the Stockholm commuter trains in March 2024 through the award of a two-year emergency contract.
(177) In view of the reported complementarities and the different nature of the PSO and commercial operation in terms of pricing and business models, PSO services do not appear to exert competitive pressure on the applicant.
3.2.3.4.5. Sundsvall-Umea (SUN-UME) sub-route
(178) On this sub-route, the share of the applicant is [10 to 20] % both in terms of revenues and passenger-km (204).
(179) The average prices of Vy Norrtåg are [confidential] of SJ’s Fast train economy up to seven days ahead of departure [confidential]. Prices of SJ Fast train business are also lower and the difference is particularly large for purchases done with more than seven days ahead of departure (205). In view of these price differences, it is not clear that SJ and Vy Norrtåg focus on the same type of customers.
Conclusions Stockholm-Sundsvall-Umeå
(180) The NCA concludes (206) that the entire route is not exposed to competition but given the competitive situation on sub-routes and their overall economic importance compared to the entire route, the applicant is unable to act completely independently in its pricing.
(181) In a market encompassing both commercially operated and PSO rail passenger transport services, the Applicant has a large market share on this route overall and on three important sub-routes (STO-UME end-to-end, GAV-SUN and UPP-GAV).
(182) Additionally, the analysis of the evidence for the sub-routes and the overall Stockholm-Sundsvall-Umeå route shows that, regardless of whether PSO operators are to be taken into account, the applicant is able to apply pricing patterns and to maintain a significant price margin with respect to other commercial and PSO operators over time, while not seeing its market share significantly affected.
(183) In an intermodal market including commercially operated rail passenger transport services, PSO rail passenger transport services, air and bus transport, the applicant’s market share is not high ([10 to 20] % of passengers in 2023E (207)) on the STO-UME end-to-end subroute. While bus operators have a marginal ([0 to 5] % (208)) market share, flight operators have a combined market share of [70 to 80] % (209). This shows that air transport may exert competitive pressure on rail transport on this subroute.
(184) In view of the factors examined above, and given that intermodal competition exerts a competition constraint on the applicant on a single subroute and that the applicant has an overall high market share on the route, the Commission cannot conclude that the activity of providing commercially operated railway passenger services on the Stockholm-Sundsvall-Umeå route is directly exposed to competition.
3.2.3.5. Stockholm-Karlstad (-Oslo)
(185) This route represented [confidential] % of the applicant’s revenues in 2023E (210). For the applicant this route accounts for [confidential] % of its revenues (211) [confidential].
(186) In a market encompassing both commercially operated and PSO rail passenger transport services, the situation is described in the following recitals.
(187) The revenues share of the applicant in the overall route has fallen from [80 to 90] % in 2016 to [80 to 90] % in 2023E (from [80 to 90] % to [80 to 90] % in terms of passenger-km) (212). The only other commercial operator (Tågab) has decreased its revenue share from [0 to 5] % in 2016 to [0 to 5] % in 2023E. Its share in terms of passenger-km has decreased accordingly.
(188) The revenue per passenger-km of the applicant is larger than of the other operators, with the exception of Mälardalstrafik in 2019 and 2020, when this PSO contract was still operated by SJ.
Figure 13
Relative differential of SJ revenues per passenger-km compared to other operators in overall STO-KAR-OSL
(213) [confidential]
(189) Bus transport’s share is low ([10 to 20] % in 2023E) compared to train services (214). Moreover, the time travel differences compared to train services (7 hours against 5 for train) are so large (215) that it does not seem to exert a significant competitive constraint on rail services.
3.2.3.5.1. Stockholm-Oslo STO-OSL (end-to-end) sub-route
(190) End-to-end travel is expected to account for around [confidential] % of SJ’s revenues on this route in 2023. Overall, end-to-end travel accounts for around [confidential] % of revenues on this route (216). The applicant remains the sole railway passenger operators on this sub-route (217).
(191) In an intermodal market including commercially operated rail passenger transport services, PSO rail passenger transport services, air and bus transport, the Commission notes that the applicant has a market share of [10 to 20] % in terms of passengers (218).
(192) Regarding air transport, the prices of SAS premium economy are [confidential] of applicant’s comparable tickets (in terms of class and flexibility) and steeply increase as the purchase date approaches the date of departure, becoming [confidential] when the purchase is made around 0 to 5 days ahead of departure. The difference between SAS economy and SJ fast train economy are [confidential] % (219). Similar qualitative conclusions can be drawn from the comparison with Norwegian (220).
(193) Roughly [confidential] % of the applicant’s tickets in the route are sold within 7 days ahead of departure (221). This is precisely the time period where flight and train prices diverge from one another. The pricing patterns of SAS and Norwegian are very similar between themselves but they are very different from that of the applicant (the sole rail operator in this end-to-end route). Additionally, there are clear differences in terms of travel time (3 hours 15 by plane against more than 5 hours by train), passenger experience and characteristics of each mode of transport. Altogether this indicates that flights may exert some competitive constraint on rail transport on STO-OSL end-to-end.
3.2.3.5.2. Stockholm-Karlstad (STO-KAR) sub-route
(194) This sub-route is expected to account for around [confidential] % of the applicant’s revenue on this overall route in 2023 and for around [confidential] % of revenues of all operators (222).
(195) The revenues market share of SJ in the sub-route has increased from [90 to 100] % in 2016 to [90 to 100] % in 2023E. In terms of passenger-km it has increased from [90 to 100] % to [90 to 100] % (223).
Conclusions
(196) The NCA considers (224) that the route is not directly exposed to competition. However, the NCA indicates that both flights and buses exert certain competitive constraint as in the case of Stockholm-Malmo-Copenhagen.
(197) In a market encompassing commercially operated rail passenger transport services only as well as in a market encompassing both commercially operated and PSO rail passenger transport services, the applicant has very large market shares on the overall route and on the main sub-routes. SJ is able to apply pricing patterns and to maintain a significant price margin with respect to other commercial and PSO operators over time, while not seeing its market share significantly affected.
(198) On an intermodal market including commercially operated rail passenger transport services, PSO rail passenger transport services, air and bus transport, the applicant is exposed to competitive pressure from air transport on the STO-OSL end-to-end subroute. Bus transport, given its overall low market share, lower prices and higher travel times is not considered to exert significant competitive pressure on the applicant on the STO-KAR-OSL route. Given the limited economic importance of the STO-OSL end-to-end subroute for the applicant, the Commission cannot conclude that SJ is directly exposed to competition on the STO-KAR-OSL route.
3.2.3.6. Conclusion at aggregated route-level
The applicant’s views
(199) The applicant considers that since its ‘purchases jointly cover routes where SJ faced significant competition as well as routes where SJ was the sole railway operator, SJ argued that competition would come to bear also on those routes where SJ did not face competition’ (225).
The NCA’s views
(200) Following its assessment, the NCA concludes that two routes (i.e., Stockholm-Gothenburg and Gothenburg-Malmö) are directly exposed to competition. These routes account for [confidential] % of applicant’s revenues and [confidential] % of profits and are therefore essential for the applicant to be able to make profit. The NCA also indicates that Stockholm-Malmö (-Copenhagen) route, which accounts for around [confidential] % of the applicant’s revenues and around [confidential] % of its profits is subject to competitive pressure albeit not sufficient for the route to be considered directly exposed to competition. As regards the remaining two routes (Stockholm-Umeå and Stockholm-Oslo), the NCA concluded that they are not directly exposed to competition, but they are, in the NCA’s view, subject to a degree of competitive constraint which prevents the applicant from acting completely independently in its pricing behaviour. The NCA notes, however, that these routes accounts for a smaller share of the applicant’s revenues and profits.
(201) Overall, the NCA concludes that the market for commercial rail passenger transport services on the five routes taken together, and more generally in Sweden (combining all routes) should be regarded as directly exposed to competition.
The Commission’s conclusion
(202) The Commission does not draw the same conclusion as the applicant or the NCA when assessing the five main routes taken together. The commercial services of the applicant are directly exposed to competition only on the Gothenburg-Malmö route. The Gothenburg-Malmö route accounts overall for almost [confidential] % of the total revenues and almost [confidential] % of total passenger–kilometres of all five main routes, all operators combined (226). It has lower economic importance for the applicant compared to the first two routes (Stockholm-Malmö (-Copenhagen) and Stockholm-Gothenburg), and accounts for around [confidential] % of the applicant’s revenues and [confidential] % of its profits.
(203) The Commission recalls that the purpose of the competition analysis under Article 34 of Directive 2014/25/EU is to establish the pertinence of application of the public procurement rules, as explained in recital (16). The level of competition on a route such as Gothenburg-Malmö, which is of low representativeness of the overall commercial activity of the applicant, cannot be presumed to discipline its procurement for the provision of commercial services on other, more significant routes, in view of the fact that procurement is operated on a joint basis (227). Moreover, the applicant did not provide any example of procurement specific to this route only (228).
(204) It is also important to recall that recent market developments occurred in 2024, such as the sale of MTR express to a new owner due to recurring losses of the business or the fact that Flixtrain and Ryanair stopped operating on the Stockholm-Gothenburg route point towards a lesser degree of competition overall on the five main routes on which the applicant provides commercially operated rail passenger transport services.
(205) In the light of the above considerations, for the purposes of this Decision and without prejudice to the application of competition law, the Commission finds that the activity of provision of commercially operated railway services on the five most significant routes (taken together) is not directly exposed to competition within the meaning of Article 34 of the Directive 2014/25/EU.
3.3. Conclusion
(206) For the purposes of this decision and without prejudice to the application of competition law, the findings of the market analysis in paragraphs (17) to (198) should be taken as an indication of the fact that the activity of provision of commercially operated rail passenger transport services is not exposed to competition within the meaning of Article 34 of the Directive 2014/25/EU. Consequently, it should be established that Directive 2014/25/EU continues to apply to contracts intended to enable the pursuit of that activity in Sweden.
3.4. Final remarks
(207) This Decision is based on the legal and factual situation as of June 2024 and on the information submitted by the applicant, the NCA and publicly available information.
HAS ADOPTED THIS DECISION:
Directive 2014/25/EU shall continue to apply to contracts awarded by contracting entities and intended to enable activities related to provision of commercially operated rail passenger transport services to be carried out in the territory of Sweden.
This Decision is addressed to the Kingdom of Sweden.