take effect once the Fisheries Agreement referred to in Article 62 of this Agreement has entered into force. Concessions will be implemented according to the following schedule:
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-Tariffs of products on List 1 will be eliminated immediately.
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-Tariffs of products on List 2 will be eliminated in equal annual steps within three years after the entry into force of the Fisheries Agreement;
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-Tariffs of products on List 3 will be eliminated in equal annual steps starting at the beginning of the fourth year after the entry into force of the Fisheries Agreement;
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-Tariffs of products on List 4 will be eliminated in equal annual steps starting at the beginning of the sixth year after the entry into force of the Fisheries Agreement.
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Tariff concessions applicable on import into the European Community of products originating in the Republic of South Africa listed in List 5 of this Annex shall be envisaged in the light of the content and continuity of the Fisheries Agreement referred to in Article 62 of this Agreement.
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The Fisheries Agreement should enter into force, and the appropriate Community trade concessions on fisheries products should be fully implemented within a transitional period of 10 years from the entry into force of this Agreement Fish Products EU offer Annex V - List 1 >TABLE POSITION> ANNEX V EUROPEAN COMMUNITY FISHERIES PRODUCTS List 2 Fish Products EU offer Annex V - List 2 >TABLE POSITION> ANNEX V EUROPEAN COMMUNITY FISHERIES PRODUCTS List 3 Fish Products EU offer Annex V - List 3 >TABLE POSITION> ANNEX V EUROPEAN COMMUNITY FISHERIES PRODUCTS List 4 Fish Products EU offer Annex V - List 4 >TABLE POSITION> ANNEX V EUROPEAN COMMUNITY FISHERIES PRODUCTS List 5 Fish Products EU offer Annex V - List 5 >TABLE POSITION> ANNEX VI REPUBLIC OF SOUTH AFRICA AGRICULTURAL PRODUCTS List 1 Agricultural Products SA offer Annex VI - List 1 >TABLE POSITION> ANNEX VI REPUBLIC OF SOUTH AFRICA AGRICULTURAL PRODUCTS List 2 Agricultural Products SA offer Annex VI - List 2 >TABLE POSITION> ANNEX VI REPUBLIC OF SOUTH AFRICA AGRICULTURAL PRODUCTS List 3 Agricultural Products SA offer Annex VI - List 3 >TABLE POSITION> ANNEX VI REPUBLIC OF SOUTH AFRICA AGRICULTURAL PRODUCTS List 4 Agricultural Products SA offer Annex VI - List 4 >TABLE POSITION> ANNEX VII REPUBLIC OF SOUTH AFRICA FISHERIES PRODUCTS Fish Products SA offer Annex VII - List 1 >TABLE POSITION> ANNEX VIII COMPETITION The European Community shall assess any practices contrary to Article 35 of this Agreement on the basis of criteria arising from the application of the rules of Articles 81 and 82 of the Treaty establishing the European Community, including secondary legislation.
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The Republic of South Africa shall assess any practices contrary to Article 35 of this Agreement on the basis of criteria arising from the application of the rules of South African competition law.
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ANNEX IX PUBLIC AID Without prejudice to the Parties' rights and obligations in terms of their respective laws and international commitments, and to the measures taken by the Parties in implementation of Article 41 of this Agreement, it is accepted that: (a) The provisions of Title III, Section E of this Agreement should not obstruct the performance in law or in fact of the operation of services of general economic interest assigned to public undertakings. (b) Public aid provided, for example, by way of programmes or schemes in support of public objectives such as, inter alia, regional development, industrial restructuring and development, promotion of the micro enterprises and small and medium-sized enterprises, the advancement of previously disadvantaged persons or affirmative action programmes is, as a general rule, compatible with the proper functioning of this Agreement. (c) Public aid provided to support the public policy objectives listed below is, as a general rule, also compatible with the proper functioning of this Agreement:
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-employment,
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-environmental protection,
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-rescue and restructuring of firms in difficulty,
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-research and development,
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-support to firms in deprived urban areas, and
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-training. (d) Public aid will not be exempted from action under GATT 1994 unless adequate measures are taken for the implementation of Article 41 of this Agreement.
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ANNEX X EXCHANGE OF LETTERS IN RELATION TO THE WINES AND SPIRITS AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC OF SOUTH AFRICA A. Letter from the Community Sir, I refer to the Agreement on Trade, Development and Cooperation signed today and confirm our agreement with the elements of a commitment between the European Community and the Republic of South Africa on port and sherry that you attached to this letter.
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The commitments between the European Community and the Republic of South Africa on port and sherry will be worked out in further detail in the context of a Wines and Spirits Agreement which will be concluded as soon as possible and no later than September 1999.
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I would be obliged if you could confirm the agreement of the Republic of South Africa with the content of this letter and its attachment.
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Please accept, Sir, the assurance of my highest consideration.
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On behalf of the European Community Attachment 1. The Republic of South Africa reconfirms that the names \"port\" and \"sherry\" are not and will not be used for its exports to the European Community.
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2.The Republic of South Africa will phase out the use of the \"port\" and \"sherry\" names on all export markets within 5 years, except in the case on non-SACU SADC countries, where an 8 year phase-out period would apply.
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3.For the purpose of the Wines and Spirits Agreement, the South African domestic market is defined to cover SACU (South Africa, Botswana, Lesotho, Namibia and Swaziland).
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4.South African products may be marketed as \"port\" and \"sherry\" on the South African domestic market during a 12 year transitional period. Beyond that period the new denominations of these products which shall be used on the South African domestic market will be jointly agreed between the Republic of South Africa and the European Community.
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5.From entry into force of the Agreement, the European Community will provide a duty free quota for wines covering the current level of trade of 32 million litres of South African exports to the European Community, with allowance for the future growth of this quota.
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6.As an additional effort to the main objectives agreed for the development programme for the Republic of South Africa to be funded by the European Community, the European Community will provide assistance of EUR 15 million for the restructuring of the South African wines and spirits sector and for the marketing and distribution of South African wines and spirits products. Such assistance will commence at the entry into force of the Wines and Spirits Agreement.
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7.A Wines and Spirits Agreement between South Africa and the European Community will be concluded as soon as possible and no later than in September 1999, in order to ensure that the entry into force of the Wines and Spirits Agreement will take place before or in January 2000.
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B. Letter from the Republic of South Africa Sir, I acknowledge receipt of your letter of today's date which reads as follows: \"I refer to the Agreement on Trade, Development and Cooperation signed today and confirm our agreement with the elements of a commitment between the European Community and the Republic of South Africa on port and sherry that you attached to this letter.
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The commitments between the European Community and the Republic of South Africa on port and sherry will be worked out in further detail in the context of a Wines and Spirits Agreement which will be concluded as soon as possible and no later than September 1999.
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I would be obliged if you could confirm the agreement of the Republic of South Africa with the content of this letter and its attachment.\"
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I confirm that my Government is in agreement with the contents of this letter and its attachment.
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Please accept, Sir, the assurance of my highest consideration.
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On behalf of the Government of the Republic of South Africa PROTOCOL 1 concerning the definition of the concept of \"originating products\" and methods of administrative cooperation CONTENTS >TABLE POSITION>
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TITLE I
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GENERAL PROVISIONS
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Article 1Definitions
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For the purposes of this Protocol: (a) \"manufacture\" means any kind of working or processing including assembly or specific operations; (b) \"material\" means any ingredient, raw material, component or part, etc., used in the manufacture of the product; (c) \"product\" means the product being manufactured, even if it is intended for later use in another manufacturing operation; (d) \"goods\" means both materials and products; (e) \"customs value\" means the value as determined in accordance with the 1994 Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade (WTO Agreement on customs valuation); (f) \"ex-works price\" means the price paid for the product ex works to the manufacturer in the Community or South Africa in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the product obtained is exported; (g) \"value of materials\" means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the Community or South Africa; (h) \"value of originating materials\" means the value of such materials as defined in subparagraph g applied mutatis mutandis; (i) \"added value\" shall be taken to be the ex-works price minus the customs value of each of the materials incorporated which originate in the other countries referred to in Article 3 or, where the customs value is not known or cannot be ascertained, the first price verifiably paid for the products in the Community or South Africa; (j) \"chapters\" and \"headings\" mean the chapters and the headings (four-digit codes) used in the nomenclature which makes up the Harmonised Commodity Description and Coding System, referred to in this Protocol as \"the Harmonised System\" or \"HS\"; (k) \"classified\" refers to the classification of a product or material under a particular heading; (l) \"consignment\" means products which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice; (m) \"territories\" includes territorial waters; (n) \"ACP States\" refers to the African, Caribbean and Pacific States that are Contracting Parties to the Fourth ACP-EC Convention, signed at Lomł on 15 December 1989, as amended by the Agreement signed at
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Mauritius on 4 November 1995; (o) \"SACU\" refers to the Southern African Customs Union.
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TITLE II
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DEFINITION OF THE CONCEPT OF \"ORIGINATING PRODUCTS\"
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Article 2General requirements
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1.For the purpose of implementing this Agreement, the following products shall be considered as originating in the Community: (a) products wholly obtained in the Community within the meaning of Article 4 of this Protocol; (b) products obtained in the Community incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the Community within the meaning of Article 5 of this Protocol.
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2.For the purpose of implementing this Agreement, the following products shall be considered as originating in South Africa: (a) products wholly obtained in South Africa within the meaning of Article 4 of this Protocol; (b) products obtained in South Africa incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in South Africa within the meaning of Article 5 of this Protocol.
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Article 3Cumulation of origin
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Bilateral cumulation 1. Materials originating in the Community shall be considered as materials originating in South Africa when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 6 of this Protocol.
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2.Materials originating in South Africa shall be considered as materials originating in the Community when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 6 of this Protocol.
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Cumulation with ACP States 3. Subject to the provisions of paragraphs 5 and 6, materials originating in an ACP State shall be considered as originating in the Community or South Africa when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing.
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4.Any working or processing carried out within SACU shall be considered as having been carried out in South Africa, when further worked or processed there.
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5.Products which have acquired originating status by virtue of paragraph 3 shall only continue to be considered as products originating in the Community or South Africa when the value added there exceeds the value of the materials used originating in any one of the ACP States. If this is not so, the products concerned shall be considered as originating in the ACP State which accounts for the highest value of originating materials used. In the allocation of origin, no account shall be taken of materials originating in the ACP States which have undergone sufficient working or processing in the Community or South Africa.
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6.The cumulation provided for in paragraph 3 may only be applied where the ACP materials used have acquired the status of originating products by an application of the rules of origin contained in the Fourth ACP-EC Convention. The Community and South Africa shall provide each other, through the European Commission with details of agreements and their corresponding rules of origin which have been concluded with the ACP States.
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7.Once the requirements laid down in paragraph 6 have been fulfilled, and a date for the entry into force of these provisions has been agreed, each party shall fulfil its own notification and information obligations.
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Article 4Wholly obtained products
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1.The following shall be considered as wholly obtained in the Community or South Africa: (a) mineral products extracted from their soil or from their seabed; (b) vegetable products harvested there; (c) live animals born and raised there; (d) products from live animals raised there; (e) products obtained by hunting or fishing conducted there; (f) products of sea fishing and other products taken from the sea outside the territorial waters of the Community or South Africa by their vessels; (g) products made aboard their factory ships exclusively from products referred to in subparagraph f; (h) used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or for use as waste; (i) waste and scrap resulting from manufacturing operations conducted there; (j) products extracted from marine soil or subsoil outside their territorial waters provided that they have sole rights to work that soil or subsoil; (k) goods produced there exclusively from the products specified in subparagraphs a to j.
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2.The terms \"their vessels\" and \"their factory ships\" in paragraph 1(f) and (g) shall apply only to vessels and factory ships: (a) which are registered or recorded in an EC Member State or in South Africa; (b) which sail under the flag of an EC Member State or of South Africa; (c) which are owned to an extent of at least 50 % by nationals of EC Member States or of South Africa, or by a company with its head office in one of these States, of which the manager or managers, Chairman of the Board of Directors or the Supervisory Board, and the majority of the members of such boards are nationals of EC Member States or of South Africa and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to those States or to public bodies or nationals of the said States; (d) of which the master and officers are nationals of EC Member States or of South Africa; and (e) of which at least 75 % of the crew are nationals of EC Member States or of South Africa.
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At the entry into force of tariff concessions for fishery products, paragraphs 2(d) and 2(e), will be replaced by: \"(d) of which at least 50 % of the crew, masters and officers included, are nationals of EC Member States or of South Africa\".
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Article 5Sufficiently worked or processed products
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1.For the purposes of Article 2, products which are not wholly obtained are considered to be sufficiently worked or processed when the conditions set out in the list in Annex II are fulfilled.
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The conditions referred to above indicate, for all products covered by this Agreement, the working or processing which must be carried out on non-originating materials used in manufacturing and apply only in relation to such materials. Accordingly, it follows that if a product, which has acquired originating status by fulfilling the conditions set out in the list is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.
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2.Notwithstanding paragraph 1, non-originating materials which, according to the conditions set out in the list, should not be used in the manufacture of a product may nevertheless be used, provided that: (a) their total value does not exceed 15 % of the ex-works price of the product, except for products falling within Chapters 3 and 24 and HS Headings 1604, 1605, 2207 and 2208 where the total value of the non-originating materials does not exceed 10 % of the ex-works price of the product; (b) any of the percentages given in the list for the maximum value of non-originating materials are not exceeded through the application of this paragraph.
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This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonised System.
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3.Paragraphs 1 and 2 shall apply except as provided in Article 6.
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Article 6Insufficient working or processing operations
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1.Without prejudice to paragraph 2, the following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 5 are satisfied: (a) operations to ensure the preservation of products in good condition during transport and storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations); (b) simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, painting, cutting up; (c) (i) changes of packaging and breaking up and assembly of packages; (ii) simple placing in bottles, flasks, bags, cases, boxes, fixing on cards or boards, etc., and all other simple packaging operations; (d) affixing marks, labels and other like distinguishing signs on products or their packaging; (e) simple mixing of products, whether or not of different kinds, where one or more components of the mixtures do not meet the conditions laid down in this Protocol to enable them to be considered as originating in the Community or South Africa; (f) simple assembly of parts to constitute a complete product; (g) a combination of two or more operations specified in subparagraphs a to f; (h) slaughter of animals.
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2.All the operations carried out in either the Community or South Africa 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.
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Article 7Unit of qualification
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1.The unit of qualification for the application of the provisions of this Protocol shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonised System.
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Accordingly, it follows that: (a) when a product composed of a group or assembly of articles is classified under the terms of the Harmonised System in a single heading, the whole constitutes the unit of qualification; (b) when a consignment consists of a number of identical products classified under the same heading of the Harmonised System, each product must be taken individually when applying the provisions of this Protocol.
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2.Where, under General Rule 5 of the Harmonised System, packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.
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Article 8Accessories, spare parts and tools
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Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.
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Article 9Sets
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Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 % of the ex-works price of the set.
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Article 10Neutral elements
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In order to determine whether a product originates, 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.
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TITLE III
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TERRITORIAL REQUIREMENTS
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Article 11Principle of territoriality
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1.The conditions set out in Title II relative to the acquisition of originating status must be fulfilled without interruption in the Community or South Africa, except as provided for in Article 3.
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2.If originating goods exported from the Community or South Africa to another country are returned, except in so far as provided for in Article 3, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that: (a) the goods returned are the same goods as those exported, and (b) they have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.
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Article 12Direct transport
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1.The preferential treatment provided for under the Agreement applies only to products, satisfying the requirements of this Protocol, which are transported directly between the Community and South Africa, or through the territories of the other countries referred to in Article 3. However, products constituting one single consignment may be transported through other territories with, should the occasion arise, transhipment or temporary warehousing in such territories, provided that they remain under the surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.
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Originating products may be transported by pipeline across territory other than that of the Community or South Africa.
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2.Evidence that the conditions set out in paragraph 1 have been fulfilled shall be supplied to the customs authorities of the importing country by the production of: (a) a single transport document covering the passage from the exporting country through the country of transit; or (b) a certificate issued by the customs authorities of the country of transit: (i) giving an exact description of the products, (ii) stating the dates of unloading and reloading of the products and, where applicable, the names of the ships, or the other means of transport used, and (iii) certifying the conditions under which the products remained in the transit country, or (c) failing these, any substantiating documents.
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Article 13Exhibitions
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1.Originating products, sent for exhibition in a country other than those referred to in Article 3 and sold after the exhibition for importation in the Community or South Africa shall benefit on importation from the provisions of the Agreement provided it is shown to the satisfaction of the customs authorities that: (a) an exporter has consigned these products from the Community or South Africa to the country in which the exhibition is held and has exhibited them there; (b) the products have been sold or otherwise disposed of by that exporter to a person in the Community or South Africa; (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.
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2.A proof of origin must 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 must be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required.
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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.
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TITLE IV
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PROOF OF ORIGIN
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Article 14General requirements
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1.Products originating in the Community shall, on importation into South Africa and products originating in South Africa shall, on importation into the Community benefit from this Agreement on submission of either: (a) an EUR.1 movement certificate, a specimen of which appears at Annex III; or (b) in the cases specified in Article 19(1), a declaration, the text of which appears at Annex IV, 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 (hereinafter referred to as the \"invoice declaration\").
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2.Notwithstanding paragraph 1, originating products within the meaning of this Protocol shall, in the cases specified in Article 24, benefit from this Agreement without it being necessary to submit any of the documents referred to above.
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Article 15Procedure for the issue of an EUR.1 movement certificate
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1.An EUR.1 movement certificate shall be issued by the customs authorities of the exporting country on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorised representative.
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2.For this purpose, the exporter or his authorised representative shall fill out both the EUR.1 movement certificate and the application form, specimens of which appear at Annex III. These forms shall be completed in one of the languages in which this Agreement is drawn up and in accordance with the provisions of the domestic law of the exporting country. 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.
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3.The exporter applying for the issue of an EUR.1 movement certificate shall be prepared to submit at any time, at the request of the customs authorities of the exporting country where the EUR.1 movement certificate is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol.
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4.An EUR.1 movement certificate shall be issued by the customs authorities of an EC Member State or South Africa if the products concerned can be considered as products originating in the Community, South Africa or in one of the other countries referred to in Article 3 and fulfil the other requirements of this Protocol.
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5.The issuing customs authorities shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of this Protocol. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate. The issuing customs authorities shall also ensure that the forms referred to in paragraph 2 are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.
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6.The date of issue of the EUR.1 movement certificate shall be indicated in box 11 of the certificate.
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7.An EUR.1 movement certificate shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.
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Article 16EUR.1 movement certificates issued retrospectively
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1.Notwithstanding Article 15(7), an EUR.1 movement certificate 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 an EUR.1 movement certificate was issued but was not accepted at importation for technical reasons.
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2.For the implementation of paragraph 1, the exporter must indicate in his application the place and date of exportation of the products to which the EUR.1 movement certificate relates, and state the reasons for his request.
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3.The customs authorities may issue an EUR.1 movement certificate retrospectively only after verifying that the information supplied in the exporter's application agrees with that in the corresponding file.
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4.EUR.1 movement certificates issued retrospectively must be endorsed with one of the following phrases: \"NACHTRÄGLICH AUSGESTELLT\", \"DÉLIVRÉ A POSTERIORI\", \"RILASCIATO A POSTERIORI\", \"AFGEGEVEN A POSTERIORI\", \"ISSUED RETROSPECTIVELY\", \"UDSTEDT EFTERFŲLGENDE\", \">ISO_7>ÅŹÄĻČÅĶ ÅŹ ŌŁĶ ÕÓŌÅŃŁĶ\", \">ISO_1>EXPEDIDO A POSTERIORI\", \"EMITIDO A POSTERIORI\", \"ANNETTU JÄLKIKÄTEEN\", \"UTFÄRDAT I EFTERHAND\".
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5.The endorsement referred to in paragraph 4 shall be inserted in the \"Remarks\" box of the EUR.1 movement certificate.
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Article 17Issue of a duplicate EUR.1 movement certificate
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1.In the event of theft, loss or destruction of an EUR.1 movement certificate, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession.
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2.The duplicate issued in this way must be endorsed with one of the following: \"DUPLIKAT\", \"DUPLICATA\", \"DUPLICATO\", \"DUPLICAAT\", \"DUPLICATE\", \">ISO_7>ĮĶŌÉĆŃĮÖĻ\", \">ISO_1>DUPLICADO\", \"SEGUNDA VIA\", \"KAKSOISKAPPALE\".
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3.The endorsement referred to in paragraph 2 shall be inserted in the \"Remarks\" box of the EUR.1 movement certificate.
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4.The duplicate, which must bear the date of issue of the original EUR.1 movement certificate, shall take effect as from that date.
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Article 18Issue of EUR.1 movement certificates on the basis of a proof of
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origin issued or made out previously When originating products are placed under the control of a customs office in the Community or South Africa, it shall be possible to replace the original proof of origin by one or more EUR.1 movement certificates for the purpose of sending all or some of these products elsewhere within the Community or South Africa. The replacement EUR.1 movement certificate(s) shall be issued by the customs office under whose control the products are placed.
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Article 19Conditions for making out an invoice declaration
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1.An invoice declaration as referred to in Article 14(1)(b) may be made out: (a) by an approved exporter within the meaning of Article 20, or (b) by any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed EUR 6000.
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2.An invoice declaration may be made out if the products concerned can be considered as products originating in the Community, South Africa or in one of the other countries referred to in Article 3 and fulfil the other requirements of this Protocol.
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3.The exporter making out an invoice 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 the fulfilment of the other requirements of this Protocol.
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4.An invoice 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 at 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.
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5.Invoice declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 20 shall not be required to sign such declarations provided that he gives the customs authorities of the exporting country a written undertaking that he accepts full responsibility for any invoice declaration which identifies him as if it had been signed in manuscript by him.
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6.An invoice declaration may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that it is presented in the importing country no longer than two years after the importation of the products to which it relates.
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Article 20Approved exporter
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1.The customs authorities of the exporting country may authorise any exporter who makes frequent shipments of products under this Agreement to make out invoice declarations irrespective of the value of the products concerned. An exporter seeking such authorisation must offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Protocol.
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2.The customs authorities may grant the status of approved exporter subject to any conditions which they consider appropriate.
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3.The customs authorities shall grant to the approved exporter a customs authorisation number which shall appear on the invoice declaration.
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4.The customs authorities shall monitor the use of the authorisation by the approved exporter.
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5.The customs authorities may withdraw the authorisation at any time. They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, does not fulfil the conditions referred to in paragraph 2 or otherwise makes an incorrect use of the authorisation.
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Article 21Validity of proof of origin
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1.A proof of origin shall be valid for four months from the date of issue in the exporting country, and must be submitted within the said period to the customs authorities of the importing country.
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2.Proofs of origin which are submitted to the customs authorities of the importing country after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit these documents by the final date set is due to exceptional circumstances.
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3.In other cases of belated presentation, the customs authorities of the importing country may accept the proofs of origin where the products have been submitted before the said final date.
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Article 22Submission of proof of origin
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Proofs of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. The said authorities may require a translation of a proof of origin and may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for the implementation of the Agreement.
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Article 23Importation by instalments
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Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonised System falling within Sections XVI and XVII or heading Nos 7308 and 9406 of the Harmonised System are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.
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Article 24Exemptions from proof of origin
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1.Products sent as small packages from private persons to private persons or forming part of travellers' personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Protocol and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on the customs declaration C2/CP3 or on a sheet of paper annexed to that document.
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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.
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3.Furthermore, the total value of these products shall not exceed EUR 500 in the case of small packages or EUR 1200 in the case of products forming part of travellers' personal luggage.
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Article 25Supplier's declaration
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1.When a proof of origin is made out in South Africa for originating products, in the manufacture of which goods coming from SACU have been used and which have undergone working or processing there without having obtained preferential originating status, account shall be taken of suppliers' declarations given for these goods in accordance with this Article.
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2.The supplier's declaration referred to in paragraph 1 shall serve as the evidence of the working or processing undergone in SACU by the goods concerned for the purpose of determining whether the products in the manufacture of which these goods are used, can be considered as originating in South Africa and fulfil the other requirements of this Protocol.
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3.A separate supplier's declaration shall be made out by the supplier for each consignment of goods in the form prescribed in Annex V on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified. The declaration shall be drawn up in accordance with the provisions of the domestic law of the country where it is made out and shall bear the original signature of the supplier in manuscript.
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4.South Africa shall request the competent authorities in SACU to carry out verifications of supplier's declarations at random or whenever the customs authorities have reasonable doubts as to the authenticity or accuracy of the information given.
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5.South Africa shall make the necessary administrative arrangements with the competent authorities in SACU to ensure that the provisions of paragraph 4 are fully implemented.
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Article 26Supporting documents
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The documents referred to in Articles 15(3) and 19(3) used for the purpose of proving that products covered by an EUR.1 movement certificate or an invoice declaration can be considered as products originating in the Community, in South Africa, or in one of the other countries referred to in Article 3 and fulfil the other requirements of this Protocol may consist, inter alia, of the following: (a) direct evidence of the processes carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal bookkeeping; (b) documents proving the originating status of materials used, issued or made out in the Community, South Africa or in one of the other countries referred to in Article 3, where these documents are used in accordance with domestic law; (c) documents proving the working or processing of materials in the Community or South Africa, issued or made out in the Community or South Africa, where these documents are used in accordance with domestic law; (d) EUR.1 movement certificates or invoice declarations proving the originating status of materials used, issued or made out in the Community or South Africa in accordance with this Protocol, or in one of the other countries referred to in Article 3, in accordance with that Article; (e) suppliers' declarations proving the working or processing undergone in SACU of materials used, in accordance with Article 3.
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Article 27Preservation of proof of origin, suppliers' declarations and
\n
supporting documents 1. The exporter applying for the issue of an EUR.1 movement certificate shall keep for at least three years the documents referred to in Article 15(3).
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2.The exporter making out an invoice declaration shall keep for at least three years a copy of this invoice declaration as well as the documents referred to in Article 19(3).
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3.The supplier making out a supplier's declaration shall keep for at least three years copies of the declaration and of the invoice, delivery note or other commercial document to which this declaration is annexed as well as all appropriate documents proving that the information given on this declaration is correct.
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4.The customs authorities of the exporting country issuing an EUR.1 movement certificate shall keep for at least three years the application form referred to in Article 15(2).
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5.The customs authorities of the importing country shall keep for at least three years the EUR.1 movement certificates and the invoice declarations submitted to them.
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Article 28Discrepancies and formal errors
\n
1.The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not, ipso facto, render the proof of origin null and void if it is duly established that this document does correspond to the products submitted.
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2.Obvious formal errors such as typing errors on a proof of origin should not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in this document.
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Article 29Amounts expressed in euro
\n
1.Amounts in the national currency of the exporting country equivalent to the amounts expressed in euro shall be fixed by the exporting country and communicated to the importing countries through the European Commission.
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2.When the amounts exceed the corresponding amounts fixed by the importing country, the latter shall accept them if the products are invoiced in the currency of the exporting country. When the products are invoiced in the currency of another EC Member State, the importing country shall recognise the amount notified by the country concerned.
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3.The amounts to be used in any given national currency shall be the equivalent in that national currency of the amounts expressed in euro as at the first working day in October 1999.
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4.The amounts expressed in euro and their equivalents in the national currencies of the EC Member States and South Africa shall be reviewed by the Cooperation Council at the request of the Community or South Africa. When carrying out this review, the Cooperation Council shall ensure that there will be no decrease in the amounts to be used in any national currency and shall furthermore 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.
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TITLE V
\n
ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
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Article 30Mutual assistance
\n
1.The customs authorities of the EC Member States and of South Africa shall provide each other, through the European Commission, with specimen impressions of stamps used in their customs offices for the issue of EUR.1 movement certificates and with the addresses of the customs authorities responsible for verifying those certificates and invoice declarations.
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2.In order to ensure the proper application of this Protocol, the Community and South Africa shall assist each other, through the competent customs administrations, in checking the authenticity of the EUR.1 movement certificates or the invoice declarations and the correctness of the information given in these documents.
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Article 31Verification of proofs of origin
\n
1.Subsequent verifications of proofs of origin shall be carried out at random or whenever the customs authorities of the importing country have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Protocol.
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2.For the purposes of implementing the provisions of paragraph 1, the customs authorities of the importing country shall return the EUR.1 movement certificate and the invoice, if it has been submitted, the invoice declaration, or a copy of these documents, to the customs authorities of the exporting country giving, where appropriate, the reasons for the enquiry. Any documents and information obtained suggesting that the information given on the proof or origin is incorrect shall be forwarded in support of the request for verification.
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3.The verification shall be carried out by the customs authorities of the exporting country. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate.
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4.If the customs authorities of the importing country decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.
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5.The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible.
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These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in the Community or in South Africa and fulfil the other requirements of this Protocol.
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6.If in cases of reasonable doubt there is no reply within 10 months of the date of the verification request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.
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Article 32Dispute settlement
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1.Where disputes arise in relation to the verification procedures of Article 31 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 Cooperation Council.
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2.In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall be under the legislation of the said country.
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Article 33Penalties
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Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.
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Article 34Free zones
\n
1.The Community and South Africa shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.
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2.By means of an exemption to the provisions contained in paragraph 1, when products originating in the Community or South Africa 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 EUR.1 certificate at the exporter's request, if the treatment or processing undergone is in conformity with the provisions of this Protocol.
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TITLE VI
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CEUTA AND MELILLA
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Article 35Application of the Protocol
\n
1.The term \"Community\" used in Article 2 does not cover Ceuta and Melilla.
\n
2.Products originating in South Africa, when imported into Ceuta or Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the Community under Protocol 2 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities. South Africa shall grant to imports of products covered by the Agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the Community.
\n
3.For the purpose of the application of paragraph 2 concerning products originating in Ceuta and Melilla, this Protocol shall apply, mutatis mutandis, subject to the special conditions set out in Article 36.
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Article 36Special conditions
\n
1.Providing they have been transported directly in accordance with the provisions of Article 12, the following shall be considered as:
\n
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 product other than those referred to in (a) are used, provided that: (i) the said products have undergone sufficient working or processing within the meaning of Article 5 of this Protocol; or that (ii) those products originate in South Africa or the Community within the meaning of this Protocol, provided that they have been submitted to working or processing which goes beyond the insufficient working or processing referred to in Article 6(1);
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2.products originating in South Africa: (a) products wholly obtained in South Africa; (b) products obtained in South Africa, in the manufacture of which products other than those referred to in (a) are used, provided that: (i) the said products have undergone sufficient working or processing within the meaning of Article 5 of this Protocol; or that (ii) those products originate in Ceuta and Melilla or the Community within the meaning of this Protocol, provided that they have been submitted to working or processing which goes beyond the insufficient working or processing referred to in Article 6(1).
\n
2.Ceuta and Melilla shall be considered as a single territory.
\n
3.The exporter or his authorised representative shall enter \"South Africa\" and \"Ceuta and Melilla\" in Box 2 of EUR.1 movement certificates or on invoice declarations. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in Box 4 of EUR.1 movement certificates or on invoice declarations.
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4.The Spanish customs authorities shall be responsible for the application of this Protocol in Ceuta and Melilla.
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TITLE VII
\n
FINAL PROVISIONS
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Article 37Amendments to the Protocol
\n
The Cooperation Council may decide to amend the provisions of this Protocol.
\n
Article 38Implementation of the Protocol
\n
The Community and South Africa shall each take the steps necessary to implement this Protocol.
\n
Article 39Goods in transit or storage
\n
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 Agreement are either in transit or are in the Community or in South Africa or, in temporary storage in bonded warehouses or in free zones, subject to the submission to the customs authorities of the importing state, within four months of that date, of an EUR.1 certificate endorsed retrospectively by the competent authorities of the exporting state together with the documents showing that the goods have been transported directly.
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ANNEX I INTRODUCTORY NOTES TO THE LIST IN ANNEX II Note 1:
\n
The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 5 of the Protocol.
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Note 2:
\n
2.1. The first two columns in the list describe the product obtained. The first column gives the heading number or chapter number used in the Harmonised System and the second column gives the description of goods used in that system for that heading or chapter. For each entry in the first two columns a rule is specified in 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.
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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 columns 3 or 4 apply to all products which, under the Harmonised System, are classified in headings of the chapter or in any of the headings grouped together in column 1.
\n
2.3. Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in columns 3 or 4.
\n
2.4. Where, for an entry in the first two columns, a rule is specified in both columns 3 and 4, the exporter may opt, as an alternative, 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.
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Note 3:
\n
3.1. The provisions of Article 5 of the Protocol 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 Community or in South Africa.
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Example:
\n
An engine of heading No 8407, for which the rule states that the value of the non-originating materials which may be incorporated may not exceed 40 % of the ex-works price, is made from \"other alloy steel roughly shaped by forging\" of heading No ex 7224.
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If this forging has been forged in the Community from a non-originating ingot, it has already acquired originating status by virtue of the rule for heading No ex 7224 in the list. The forging can then count as originating in the value calculation for the engine regardless of whether it was produced in the same factory or in another factory in the Community. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.
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3.2. The rule in the list represents the minimum amount of working or processing required and the carrying out of more working or processing also confers originating status; conversely, the carrying out of less working or processing cannot confer originating status.
\n
Thus if a rule provides that non-originating material at a certain level of manufacture may be used, the use of such material at an earlier stage of manufacture is allowed and the use of such material at a later stage is not.
\n
3.3. 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.
\n
However, the expression \"manufacture from materials of any heading, including other materials of heading No ...\" means that only materials classified in the same heading as the product of a different description than that of the product as given in column 2 of the list may be used.
\n
3.4. When a rule in the list specifies that a product may be manufactured from more than one material, this means that any one or more materials may be used. It does not require that all be used.
\n
Example:
\n
The rule for fabrics of heading Nos 5208 to 5212 provides that natural fibres may be used and that chemical materials, among other materials, may also be used. This does not mean that both have to be used; it is possible to use one or the other or both.
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3.5. 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 6.2 below in relation to textiles).
\n
Example:
\n
The rule for prepared foods of heading No 1904 which specifically excludes the use of cereals and their derivatives does not prevent the use of mineral salts, chemicals and other additives which are not products from cereals.
\n
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.
\n
Example:
\n
In the case of an article of apparel of ex Chapter 62 made from non-woven materials, if the use of only non-originating yarn is allowed for this class of article, it is not possible to start from non-woven cloth, even if non-woven cloths cannot normally be made from yarn. In such cases, the starting material would normally be at the stage before yarn, that is the fibre stage.
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3.6. Where, in a rule in the list, two percentages are given for the maximum value of non-originating materials that can be used, then these percentages may not be added together. In other words, the maximum value of all the non-originating materials used may never exceed the highest of the percentages given. Furthermore, the individual percentages must not be exceeded in relation to the particular materials they apply to.
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Note 4:
\n
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.
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4.2. The term \"natural fibres\" includes horsehair of heading No 0503, silk of heading Nos 5002 and 5003 as well as the wool fibres, fine or coarse animal hair of heading Nos 5101 to 5105, the cotton fibres of heading Nos 5201 to 5203 and the other vegetable fibres of heading Nos 5301 to 5305.
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4.3. The terms \"textile pulp\", \"chemical materials\" and \"paper-making materials\" are used in the list to describe the materials not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.
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4.4. The term \"man-made staple fibres\" is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of heading Nos 5501 to 5507.
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Note 5:
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5.1. Where for a given product in the list a 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, which, taken together, represent 10 % or less of the total weight of all the basic textile materials used. (See also Notes 5.3 and 5.4.) 5.2. However, the tolerance mentioned in Note 5.1 may only be applied to mixed products which have been made from two or more basic textile materials.
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The following are the basic textile materials:
\n
-silk,
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-wool,
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-coarse animal hair,
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-fine animal hair,
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-horsehair,
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-cotton,
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-paper-making materials and paper,
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-flax,
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-true hemp,
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-jute and other textile bast fibres,
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-sisal and other textile fibres of the genus Agave,
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-coconut, abaca, ramie and other vegetable textile fibres,
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-synthetic man-made filaments,
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-artificial man-made filaments,
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-synthetic man-made staple fibres of polypropylene,
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-synthetic man-made staple fibres of polyester,
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-synthetic man-made staple fibres of polyamide,
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-synthetic man-made staple fibres of polyacrylonitrile,
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-synthetic man-made staple fibres of polyimide,
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-synthetic man-made staple fibres of polytetrafluoroethylene,
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-synthetic man-made staple fibres of polyphenylene sulphide,
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-synthetic man-made staple fibres of polyvinyl chloride,
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-other synthetic man-made staple fibres,
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-artificial man-made staple fibres of viscose,
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-other artificial man-made staple fibres,
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-yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped,
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-yarn made of polyurethane segmented with flexible segments of polyester whether or not gimped,
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-products of heading No 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,
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-other products of heading No 5605.
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Example:
\n
A yarn of heading No 5205 made from cotton fibres of heading No 5203 and synthetic staple fibres of heading No 5506 is a mixed yarn.
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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.
\n
Example:
\n
A woollen fabric of heading No 5112 made from woollen yarn of heading No 5107 and synthetic yarn of staple fibres of heading No 5509 is a mixed fabric. Therefore synthetic yarn which does not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) or woollen yarn that 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 their total weight does not exceed 10 % of the weight of the fabric.
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Example:
\n
Tufted textile fabric of heading No 5802 made from cotton yarn of heading No 5205 and cotton fabric of heading No 5210 is only a mixed product if the cotton fabric is itself a mixed fabric being made from yarns classified in two separate headings or if the cotton yarns used are themselves mixtures.
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Example:
\n
If the tufted textile fabric concerned had been made from cotton yarn of heading No 5205 and synthetic fabric of heading No 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is accordingly a mixed product.
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Example:
\n
A carpet with tufts made from both artificial yarns and cotton yarns and with a jute backing is a mixed product because three basic textile materials are used. Thus, any non-originating materials that are at a later stage of manufacture than the rule allows may be used, provided their total weight does not exceed 10 % of the weight of the textile materials of the carpet. Thus, both the jute backing and/or the artificial yarns could be imported at that stage of manufacture, provided the weight conditions are met.
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5.3. In the case of products incorporating \"yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped\" this tolerance is 20 % in respect of this yarn.
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5.4. In the case of products incorporating \"strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of an adhesive between two layers of plastic film\", this tolerance is 30 % in respect of this strip.
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Note 6:
\n
6.1. In the case of those textile products which are marked in the list by a footnote referring to this note, textile materials, with the exception of linings and interlinings, which do not satisfy the rule set out in the list in column 3 for the made-up product concerned may be used provided that they are classified in a heading other than that of the product and that their value does not exceed 8 % of the ex-works price of the product.
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6.2. Without prejudice to Note 6.3, materials which are not classified within Chapters 50 to 63 may be used freely in the manufacture of textile products, whether or not they contain textiles.
\n
Example:
\n
If a rule in the list provides that for a particular textile item, such as trousers, yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners even though slide-fasteners normally contain textiles.
\n
6.3. Where a percentage rules applies, the value of materials which are not classified within Chapters 50 to 63 must be taken into account when calculating the value of the non-originating materials incorporated.
\n
Note 7:
\n
7.1. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, the \"specific processes\" are the following: (a) vacuum distillation; (b) redistillation by a very thorough fractionation process(1); (c) cracking; (d) reforming; (e) extraction by means of selective solvents; (f) the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolorisation and purification with naturally active earth, activated earth, activated charcoal or bauxite; (g) polymerisation; (h) alkylation; (i) isomerisation.
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7.2. For the purposes of heading Nos 2710, 2711 and 2712, the \"specific processes\" are the following: (a) vacuum distillation; (b) redistillation by a very thorough fractionation process(2); (c) cracking; (d) reforming; (e) extraction by means of selective solvents; (f) the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolorisation and purification with naturally active earth, activated earth, activated charcoal or bauxite; (g) polymerisation; (h) alkylation; (ij) isomerisation; (k) in respect of heavy oils falling within heading No ex 2710 only, desulphurisation with hydrogen resulting in a reduction of at least 85 % of the sulphur content of the products processed (ASTM D 1266-59 T method); (l) in respect of products falling within heading No 2710 only, deparaffining by a process other than filtering; (m) in respect of heavy oils falling within heading No ex 2710 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250 °C with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment with hydrogen of lubricating oils of heading No ex 2710 (e.g. hydrofinishing or decolorisation) in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process; (n) in respect of fuel oils falling within heading No ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C by the ASTM D 86 method; (o) in respect of heavy oils other than gas oils and fuel oils falling within heading No ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.
\n
7.3. For the purposes of heading Nos 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.
\n
(1)See additional explanatory note 4(b) to chapter 27 of the Combined Nomenclature.
\n
(2)See additional explanatory note 4(b) to chapter 27 of the Combined Nomenclature.
\n
ANNEX II LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN OBTAIN ORIGINATING STATUS 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. >TABLE POSITION> ANNEX III EUR.1 movement certificate and application for an EUR.1 movement certificate Printing instructions 1. Each form shall measure 210 × 297 mm; a tolerance of up to minus 5 mm or plus 8 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 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.
\n
2.The competent authorities of the Member States of the Community and of South Africa may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval.
\n
Each form 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. >PIC FILE= \"L_1999311EN.039301.TIF\"> >PIC FILE= \"L_1999311EN.039401.TIF\"> >PIC FILE= \"L_1999311EN.039501.TIF\"> >PIC FILE= \"L_1999311EN.039601.TIF\"> ANNEX IV INVOICE DECLARATION The invoice 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.
\n
English version The exporter of the products covered by this document (customs authorisation No ...(1)) declares that, except where otherwise clearly indicated, these products are of ... preferential origin(2).
\n
Spanish version El exportador de los productos incluidos en el presente documento (autorizaciėn aduanera n° ...(3)) declara que, salvo indicaciėn en sentido contrario, estos productos gozan de un origen preferencial ...(4).
\n
Danish version EksportŲren af varer, der er omfattet af nörvörende dokument, (toldmyndighedernes tilladelse nr. ...(5)), erklörer, at varerne, medmindre andet tydeligt er angivet, har pröferenceoprindelse i ...(6).
\n
German version Der AusfŽhrer (Ermōchtigter AusfŽhrer; Bewilligungs-Nr. ...(7)) der Waren, auf die sich dieses Handelspapier bezieht, erklōrt, dač diese Waren, soweit nicht anders angegeben, prōferenzbegŽnstigte ...
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Ursprungswaren sind(8).
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Greek version >ISO_7>Ļ õžńóųóąńĖ Įųż Ęę˙ŪŽżĮųż Ę˙į śńūžĘĮ˙żĮńł ńĘŽ Į˙ Ęńꎿ ąóóęńŠ˙ (Ąōõłń Įõūųżõč˙į įĘ' ńęłų. ...(9)) ō÷ūžżõł ŽĮł, õśĮŽĖ õĄż ō÷ūžżõĮńł ėńŠžĖ ĄūūųĖ, Įń Ęę˙ŪŽżĮń ńįĮĄ õčżńł Ęę˙Įłü÷ėłńśČĖ śńĮńóųóČĖ ...(10). >ISO_1>French version L'exportateur des produits couverts par le prłsent document (autorisation douaniųre n° ...(11)), dłclare que, sauf indication claire du contraire, ces produits ont l'origine prłfłrentielle ...(12).
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Italian version L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. ...(13)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale ...(14).
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Dutch version De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. ...(15)) verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiūle ... oorsprong zijn(16).
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Portuguese version O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autoriza÷óo aduaneira n.o ...(17)), declara que, salvo expressamente indicado em contrńrio, estes produtos sóo de origem preferencial ...(18).
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Finnish version Tōssō asiakirjassa mainittujen tuotteiden viejō (tullin lupan:o ...(19)) ilmoittaa, ettō nōmō tuotteet ovat, ellei toisin ole selvōsti merkitty, etuuskohteluun oikeutettuja ... alkuperōtuotteita(20).
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Swedish version ExportŠren av de varor som omfattas av detta dokument (tullmyndighetens tillstõnd nr. ...(21)) fŠrsōkrar att dessa varor, om inte annat tydligt markerats, har fŠrmõnsberōttigande ... ursprung(22).
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South African versions Bagwebi ba go romela ntle ditsweletswa tseo di akaretswago ke tokumente ye (Nomoro ya ditswantle ya tumelelo ...(23)) ba ipolela gore ntle le moo go laeditswego, ditsweletswa tse ke tsa go tswa ...(24) ka tlhago.
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Moromelli wa sehlahiswa ya sireleditsweng ke tokomane ena (tumello ya thepa naheng No ...(25) e hlalosa hore, ka ntle ha eba ho hlalositswe ka tsela e nngwe ka nepo, dihlahiswa tsena ke tsa ... tshimoloho e kgethilweng(26).
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Moromelantle wa dikuno tse di tlhagelelang mo lokwalong le (lokwalo lwa tumelelo ya kgethiso No ...(27)) o tlhomamisa gore, ntle le fa go tlhagisitsweng ka mokgwa mongwe, dikuno tse ke tsa ... dinaga tse di thokegang(28).
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Umtfumeli ngaphandle walemikhicito lebalwe kulomculu (ngeligunya lalokutfunyelwa ngaphandle Nombolo ...(29)) lophakamisa kutsi, ngaphandle kwalapho lekuboniswe khona ngalokucacile, lemikhicito ... ngeyendzabuko lebonelelwako(30).
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Muvhambadzi wa zwibveledzwa mashangoni a nnda, (zwibveledzwa) zwine zwa vha zwo ambiwaho kha ili linwalo (linwalo la u nea maanda la mithelo ya zwitundwannda kana zwirumelwannda la vhu ...(31)), li khou buletshedza uri, nga nnda ha musi zwo ambiwa nga inwe ndila-vho, zwibveledzwa hezwi ndi zwa ... vhubwo hune ha khou funeseswa kana u takaleleswa(32).
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Muxavisela-vambe wa swikumiwa leswi nga eka tsalwa leri (Xibalo xa switundziwa xa Nomboro(33) u boxa leswaku, handle ka laha swi kombisiweke, swikumiwa leswi i swa ntiyiso swa xilaveko xa le henhla swinene(34).
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Die uitvoerder van die produkte gedek deur hierdie dokument (doeanemagtiging No ...(35)) verklaar dat, uitgesonderd waar andersins duidelik aangedui, hierdie produkte van ... voorkeuroorsprong(36) is.
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Umthumelli-phandle wemikhiqizo ebalwe kilencwadi (inomboro ...(37) egunyaza imikhiqizo ephumako) ubeka uthi, ngaphandle kobana kutjengiswe ngendlela ethileko butjhatjhalazi, lemikhiqizo ine ... mwelaphi enconyiswako(38).
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Umthumeli weempahla ngaphandle kwelizwe wemveliso equkwa lolu xwebhu (iirhafu zempahla zesigunyaziso Nombolo ...(39) ubhengeza ukuthi, ngaphandle kwalapho kuboniswe ngokucacileyo, ezi mveliso ... zezemvelaphi eyamkelekileyo kunezinye(40).
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Umthumeli wempahla ebhaliwe kulo mqulu iNombolo ... yokugunyaza yentela yempahla(41) uyamemezela ukuthi, ngaphandle kokuthi kukhonjisiwe ngokusobala, le mikhiqizo iqhamuka ... endaweni ekhethekileyo(42). ...(43) (Place and date) ...(44) (Signature of the exporter; in addition the name of the person signing the declaration has to be indicated in clear script)
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(1)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(2)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(3)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(4)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(5)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(6)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(7)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(8)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(9)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(10)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(11)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(12)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(13)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(14)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(15)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(16)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(17)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(18)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(19)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(20)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(21)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(22)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(23)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(24)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(25)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(26)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(27)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(28)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(29)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(30)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(31)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(32)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(33)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(34)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(35)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(36)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(37)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(38)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(39)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(40)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(41)When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
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(42)Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(43)These indications may be omitted if the information is contained in the document itself.
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(44)See Article 19(5) of the 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.
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ANNEX V Supplier's declaration The supplier's 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.
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SUPPLIER'S DECLARATION for goods which have undergone working or processing in SACU without having obtained preferential originating status I, the undersigned, supplier of the goods covered by the annexed document, declare that:
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1.>TABLE POSITION> ... (Place and date) ... ... ... (Address and signature of the supplier; in addition the name of the person signing the declaration has to be indicated in clear script) 2. all the other materials used in SACU to produce these goods originate in SACU.
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Joint Declaration on Annex II to the Protocol on rules of origin Both Parties agree with the processing requirements contained in Annex II, subject to a limited number of amendments requested by South Africa which both Parties undertake to address before the entry into force of the Agreement.
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Joint Declaration concerning the Protocol on rules of origin For the implementation of Article 37 of this Protocol, the Commission is prepared to examine any request from South Africa for derogations from the rules of origin after the signature of the Agreement.
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Joint Declaration concerning the Republic of San Marino 1. Products originating in the Republic of San Marino shall be accepted by South Africa as originating in the Community within the meaning of this Agreement.
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2.Protocol 1 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products.
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Joint Declaration concerning the Principality of Andorra 1. Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonised System shall be accepted by South Africa as originating in the Community within the meaning of this Agreement.
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2.Protocol 1 shall apply, mutatis mutandis, for the purpose of defining the originating status of the abovementioned products.
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Commission declaration on cumulation with South Africa under the fourth ACP-EC Convention On the basis of the cumulation provisions included in the Protocol concerning the definition of the concept of \"originating products\" and methods of administrative cooperation of the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, the European Commission will propose adequate provisions to the Member States of the European Union and to the ACP States under Article 34 of Protocol No 1 of the Fourth ACP-EC Convention concerning cumulation with South African materials and goods.
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PROTOCOL 2 on mutual administrative assistance in customs matters
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Article 1Definitions
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For the purposes of this Protocol: (a) \"customs legislation\" shall mean any legal or regulatory provisions applicable in the territories of the Contracting Parties governing the import, export and transit of goods and their placing under any other customs regime or procedure, including measures of prohibition, restriction and control; (b) \"applicant authority\" shall mean a competent administrative authority which has been designated by a Contracting Party for this purpose and which makes a request for assistance on the basis of this Protocol; (c) \"requested authority\" shall mean a competent administrative authority which has been designated by a Contracting Party for this purpose and which receives a request for assistance on the basis of this Protocol; (d) \"personal data\" shall mean all information relating to an identified or identifiable individual; (e) \"operation in breach of customs legislation\" shall mean any violation or attempted violation of customs legislation.
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Article 2Scope
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1.The Contracting Parties shall assist each other, in the areas within their competence, in the manner and under the conditions laid down in this Protocol, to ensure the correct application of the customs legislation, in particular by preventing, investigating and combating operations in breach of that legislation.
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2.Assistance in customs matters, as provided for in this Protocol, shall apply to any administrative authority of the Contracting Parties which is competent for the application of this Protocol. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover information obtained under powers exercised at the request of a judicial authority, except where communication of such information is authorised by that authority.
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3.Assistance to recover duties, taxes or fines is not covered by this Protocol.
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Article 3Assistance on request
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1.At the request of the applicant authority, the requested authority shall provide it with all relevant information which may enable it to ensure that customs legislation is correctly applied, including information regarding activities noted or planned which are or could be operations in breach of customs legislation.
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2.At the request of the applicant authority, the requested authority shall inform it: (a) whether goods exported from the territory of one of the Contracting Parties have been properly imported into the territory of another Contracting Party, specifying, where appropriate, the customs procedure applied to the goods; (b) whether goods imported into the territory of one of the Contracting Parties have been properly exported from the territory of the other Party, specifying, where appropriate, the customs procedure applied to the goods.
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3.At the request of the applicant authority, the requested authority shall, within the framework of its legal or regulatory provisions, take the necessary steps to ensure special surveillance of: (a) natural or legal persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation; (b) places where stocks of goods have been or may be assembled in such a way that there are reasonable grounds for believing that these goods are intended to be used in operations in breach of customs legislation; (c) goods that are or may be transported in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation; (d) means of transport that are or may be used in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation.
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Article 4Spontaneous assistance
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The Contracting Parties shall assist each other, at their own initiative and in accordance with their legal or regulatory provisions, if they consider that to be necessary for the correct application of customs legislation, particularly by providing information obtained pertaining to:
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-activities which are or appear to be operations in breach of customs legislation and which may be of interest to another Contracting Party,
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-new means or methods employed in carrying out operations in breach of customs legislation,
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-goods known to be subject to operations in breach of customs legislation,
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-natural or legal persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation,
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-means of transport in respect of which there are reasonable grounds for believing that they have been, are, or may be used in operations in breach of customs legislation.
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Article 5Delivery, notification
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At the request of the applicant authority, the requested authority shall, in accordance with legal or regulatory provisions applicable to the latter, take all necessary measures in order:
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-to deliver any documents, or
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-to notify any decisions, emanating from the applicant authority and falling within the scope of this Protocol, to an addressee residing or established in the territory of the requested authority.
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Requests for delivery of documents or notification of decisions shall be made in writing in an official language of the requested authority or in a language acceptable to that authority.
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Article 6Form and substance of requests for assistance
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1.Requests pursuant to this Protocol shall be made in writing. They shall be accompanied by the documents necessary to enable compliance with the request. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.
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2.Requests pursuant to paragraph 1 shall include the following information: (a) the applicant authority; (b) the measure requested; (c) the object of and the reason for the request; (d) the legal or regulatory provisions and other legal elements involved; (e) indications as exact and comprehensive as possible on the natural or legal persons who are the target of the investigations; (f) a summary of the relevant facts and of the enquiries already carried out.
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3.Requests shall be submitted in an official language of the requested authority or in a language acceptable to that authority.
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This requirement shall not apply to any documents that accompany the request under paragraph 1.
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4.If a request does not meet the formal requirements set out above, its correction or completion may be requested; in the mean time precautionary measures may be ordered.
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Article 7Execution of requests
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1.In order to comply with a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Contracting Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out.
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This provision shall also apply to any other authority to which the request has been addressed by the requested authority when the latter cannot act on its own.
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2.Requests for assistance shall be executed in accordance with the legal or regulatory provisions of the requested Contracting Party.
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3.Duly authorised officials of a Contracting Party may, with the agreement of the other Contracting Party involved and subject to the conditions laid down by the latter, be present to obtain in the offices of the requested authority or any other concerned authority in accordance with paragraph 1, information relating to activities that are or may be operations in breach of customs legislation which the applicant authority needs for the purposes of this Protocol.
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4.Duly authorised officials of a Contracting Party may, with the agreement of the other Contracting Party involved and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter's territory.
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Article 8Form in which information is to be communicated
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1.The requested authority shall communicate results of enquiries to the applicant authority in writing together with relevant documents, certified copies or other items.
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2.This information may be in computerised form.
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3.Original documents shall be transmitted only on request in cases where certified copies would be insufficient. These originals shall be returned at the earliest opportunity.
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Article 9Exceptions to the obligation to provide assistance
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1.Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where a Party is of the opinion that assistance under this Protocol would: (a) be likely to prejudice the sovereignty of South Africa or that of a Member State which has been requested to provide assistance under this Protocol; or (b) be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 10(2); or (c) violate an industrial, commercial or professional secret.
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2.Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.
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3.Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.
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4.For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons therefor must be communicated to the applicant authority without delay.
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Article 10Information exchange and confidentiality
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1.Any information communicated in whatsoever form pursuant to this Protocol shall be of a confidential or restricted nature, depending on the rules applicable by each of the Contracting Parties. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws of the Contracting Party that received it and the corresponding provisions applying to the Community authorities.
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2.Personal data may be exchanged only where the Contracting Party which may receive them undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the Contracting Party that may supply them. To that end, Contracting Parties shall communicate to each other information on their applicable rules, including, where appropriate, legal provisions in force in the Member States of the Community.
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3.The use, in judicial or administrative proceedings instituted in respect of operations in breach of customs legislation, of information obtained under this Protocol, is considered to be for the purposes of this Protocol. Therefore, the Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Protocol. The competent authority which supplied that information or gave access to those documents shall be notified of such use.
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4.Information obtained shall be used solely for the purposes of this Protocol. Where one of the Contracting Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information.
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Such use shall then be subject to any restrictions laid down by that authority.
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Article 11Experts and witnesses
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An official of a requested authority may be authorised to appear, within the limitations of the authorisation granted, as an expert or witness in judicial or administrative proceedings regarding the matters covered by this Protocol, and produce such objects, documents or certified copies thereof, as may be needed for the proceedings. The request for appearance must indicate specifically before which judicial or administrative authority the official will have to appear, on what matters and by virtue of what title or qualification the official will be questioned.
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Article 12Assistance expenses
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The Contracting Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Protocol, except, as appropriate, for expenses to experts and witnesses, and those to interpreters and translators who are not public service employees.
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Article 13Implementation
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1.The implementation of this Protocol shall be entrusted on the one hand to the customs authorities of South Africa and on the other hand to the competent services of the Commission of the European Communities and the customs authorities of the Member States as appropriate. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration the rules in force in particular in the field of data protection. They may recommend to the competent bodies amendments which they consider should be made to this Protocol.
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2.The Contracting Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Protocol.
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Article 14Other agreements
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1.Taking into account the respective competencies of the European Community and the Member States, the provisions of this Protocol shall:
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-not affect the obligations of the Contracting Parties under any other international agreement or convention,
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-be deemed complementary to agreements on mutual assistance which have been or may be concluded between individual Member States and South Africa,
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-not affect the Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States of any information obtained under this Protocol which could be of interest to the Community.
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2.Notwithstanding the provisions of paragraph 1, the provisions of this Protocol shall take precedence over the provisions of any bilateral agreement on mutual assistance which has been or may be concluded between individual Member States and South Africa in so far as the provisions of the latter are incompatible with those of this Protocol.
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3.In respect of questions relating to the applicability of this Protocol, the Contracting Parties shall consult each other to resolve the matter in the framework of the Cooperation Council set up under Article 97 of this Agreement.
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FINAL ACT The plenipotentiaries of THE KINGDOM OF BELGIUM, THE KINGDOM OF DENMARK, THE FEDERAL REPUBLIC OF GERMANY, THE HELLENIC REPUBLIC, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, IRELAND, THE ITALIAN REPUBLIC, THE GRAND DUCHY OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE PORTUGUESE REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY, hereinafter referred to as the \"Member States\", and THE EUROPEAN COMMUNITY, hereinafter referred to as the \"Community\", of the one part, and the plenipotentiary of THE REPUBLIC OF SOUTH AFRICA, hereinafter referred to as \"South Africa\", of the other part meeting at Pretoria this eleventh day of October in the year one thousand nine hundred and ninety-nine for the signature of the Agreement on Trade, Development and Cooperation between the European Community and its Member States, on the one part, and the Republic of South Africa, on the other part, hereafter referred to as the \"Agreement\" have adopted the following texts:
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The Agreement including its Annexes and the following Protocols:
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Protocol 1 concerning the definition of the concept of \"originating products\" and methods of administrative cooperation, Protocol 2 on mutual administrative assistance in customs matters.
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The plenipotentiaries of the Community and its Member States and the plenipotentiary of South Africa have adopted the texts of the Joint Declarations listed below and attached to this Final Act:
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Joint Declaration in relation to non-execution Joint Declaration in relation to export refunds Joint Declaration in relation to accelerated tariff elimination by South Africa Joint Declaration on agricultural quotas Joint Declaration in relation to public aid Joint Declaration in relation to fisheries Joint Declaration in relation to bilateral agreements Joint Declaration in relation to illegal immigration The plenipotentiary of South Africa has taken note of the declarations listed below and attached to this Final Act:
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Community Declaration in relation to the essential element Community Declaration in relation to financial aspects of cooperation Declaration by the European Investment Bank (EIB) in relation to financial aspects of cooperation The plenipotentiaries of the Community and its Member States have taken note of the declarations listed below and attached to this Final Act:
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Declaration by South Africa in relation to the essential element Declaration by South Africa in relation to sanitary and phytosanitary measures Declaration by South Africa in relation to financial aspects of cooperation Furthermore, the plenipotentiaries of the Member States and the plenipotentiary of South Africa have adopted the Agreed Minutes from the negotiations which are attached to this Final Act.
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Hecho en Pretoria, el once de octubre de mil novecientos noventa y nueve.
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Udfördiget i Pretoria den elevte oktober nitten hundrede og nioghalvfems.
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Geschehen zu Pretoria am elften Oktober neunzehnhundertneunundneunzig. >ISO_7>øółżõ ėĮ÷ż ŠęõĮŽęłń, ėĮłĖ ążōõśń ĻśĮųņęč˙į ščūłń õżżłńśŽėłń õżõżČżĮń õżżąń. >ISO_1>Done at Pretoria on the eleventh day of October in the year one thousand nine hundred and ninety-nine.
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Fait š Pretoria, le onze octobre mil neuf cent quatre-vingt dix-neuf.
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Fatto a Pretoria, addü undici ottobre millenovecentonovantanove.
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Gedaan te Pretoria, de elfde oktober negentienhonderd negenennegentig.
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Feito em Pretėria, em onze de Outubro de mil novecentos e noventa e nove.
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Tehty Pretoria yhdentenōtoista pōivōnō lokakuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōyhdeksōn.
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Som skedde i Pretoria den elfte oktober nittonhundranittionio.
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Por la Comunidad Europea/For Det Europöiske Föllesskab/FŽr die Europōische Gemeinschaft/>ISO_7>Ćłń Į÷ż ÅįęųĘńŪśČ Ź˙łżŽĮ÷Įń/>ISO_1>For the European Community/Pour la Communautł europłenne/Per la Comunitš europea/Voor de Europese Gemeenschap/Pela Comunidade Europeia/Euroopan yhteisŠn puolesta/Põ Europeiska gemenskapens vōgnar >PIC FILE= \"L_1999311EN.040701.TIF\"> >PIC FILE= \"L_1999311EN.040702.TIF\"> Pour le Royaume de Belgique/Voor het Koninkrijk Belgiū/FŽr das KŠnigreich Belgien >PIC FILE= \"L_1999311EN.040801.TIF\"> Cette signature engage łgalement la Communautł fran÷aise, la Communautł flamande, la Communautł germanophone, la Rłgion wallonne, la Rłgion flamande et la Rłgion de Bruxelles-Capitale./Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest./Diese Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft, die Flōmische Gemeinschaft, die FranzŠsische Gemeinschaft, die Wallonische Region, die Flōmische Region und die Region BrŽssel-Hauptstadt.
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For Kongeriget Danmark >PIC FILE= \"L_1999311EN.040802.TIF\"> FŽr die Bundesrepublik Deutschland >PIC FILE= \"L_1999311EN.040803.TIF\"> >ISO_7>Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń >ISO_1>> PIC FILE= \"L_1999311EN.040804.TIF\"> Por el Reino de Espaęa >PIC FILE= \"L_1999311EN.040805.TIF\"> Pour la Rłpublique fran÷aise >PIC FILE= \"L_1999311EN.040901.TIF\"> Thar ceann na hÉireann/For Ireland >PIC FILE= \"L_1999311EN.040902.TIF\"> Per la Repubblica italiana >PIC FILE= \"L_1999311EN.040903.TIF\"> Pour le Grand-Duchł de Luxembourg >PIC FILE= \"L_1999311EN.040904.TIF\"> Voor het Koninkrijk der Nederlanden >PIC FILE= \"L_1999311EN.040905.TIF\"> FŽr die Republik Österreich >PIC FILE= \"L_1999311EN.040906.TIF\"> Pela RepŪblica Portuguesa >PIC FILE= \"L_1999311EN.040907.TIF\"> Suomen tasavallan puolesta/FŠr Republiken Finland >PIC FILE= \"L_1999311EN.041001.TIF\"> FŠr Konungariket Sverige >PIC FILE= \"L_1999311EN.041002.TIF\"> For the United Kingdom of Great Britain and Northern Ireland >PIC FILE= \"L_1999311EN.041003.TIF\"> For the Republic of South Africa/wa Repapoliki ya Afrika Borwa Ya Rephaboliki ya Afrika Borwa Wa Rephaboliki ya Aforika Borwa WeRiphabliki yaseNingizimu Afrika wa Rephabuliki ya Afurika Tshipembe Wa Riphabliki ra Afrika-Dzonga Vir die Republiek van Suid-Afrika WeRiphabhliki yeSewula Afrika WeRiphablikhi yoMzantsi Afrika WeRiphabhulikhi yaseNingizimu Afrika >PIC FILE= \"L_1999311EN.041004.TIF\"> Joint Declaration in relation to non-execution The Parties agree that the violation of the essential elements of the agreement referred to at Article 3(3) of this Agreement shall only consist of a grave violation of democratic principles or fundamental human rights or the serious interruption of the rule of law, creating an environment not conducive for consultations or where a delay would be detrimental to the objectives or interests of the Parties to this Agreement.
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The Parties also agree that the appropriate measures referred to at Article 3(1), (3) and (5) of this Agreement must be proportional to the violation. In the selection and implementation of these measures, the Parties will pay particular attention to the circumstances of the most vulnerable groups of the population and will ensure that they are not unduly penalised.
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Joint Declaration in relation to export refunds 1. In drawing up the trade components of the Agreement, the Parties have examined on a case-by-case basis, the potential impact of export refund mechanisms on the process of trade liberalisation.
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2.The Community states for its part that further examination of the future export refunds in connection with trade with South Africa will take place when the present discussions on agricultural reform have been completed.
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Joint Declaration in relation to accelerated tariff elimination by South Africa The Parties agree to anticipate the application of the procedures provided in Article 17 of this Agreement during the interim period before the entry into force of the Agreement in order to allow the possible application of an accelerated timetable for tariff elimination and elimination of export refunds on the date of entry into force of the Agreement.
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Joint Declaration on agricultural quotas 1. The annual growth factors set out in Annex IV, list 6 and Annex VI, lists 3 and 4 of this Agreement will be periodically examined and reconfirmed starting no later than five years after entry into force of the Agreement.
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2.Concerning in particular prepared fruits (peaches, pears and apricots), South Africa agrees to manage its exports to the Community in a balanced way.
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Joint Declaration in relation to public aid The Parties agree that the South African economy and its interaction with the economies in the Southern African Development Community are undergoing a substantial restructuring that will be facilitated by the Government of South Africa.
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Joint Declaration in relation to fisheries The Parties will make their best endeavours to negotiate and conclude the Fisheries Agreement referred to in Article 62 of this Agreement no later than the end of the year 2000.
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Joint Declaration in relation to bilateral agreements Notwithstanding any implication to the contrary in this Agreement, any such rights of one or more Member States of the European Union contained in such existing agreements shall not be construed to have been extended to the other Member States.
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Joint Declaration in relation to illegal immigration The Parties, recognising the importance of cooperating together for the prevention and control of illegal immigration, declare their readiness to pursue these issues in exchanges within the framework of the Cooperation Council with a view to seeking solutions to problems which might arise in this sector.
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Community declaration in relation to the essential element In the context of a political and institutional environment respectful of human rights, democratic principles and the rule of