31971R1251

Official Journal of the European Communities 43

21.6.71 Official Journal of the European Communities No L 135/ 1

REGULATION (EEC) No 1251/71 OF THE COUNCIL

of 7 June 1971

on the application of Decision No 36/71 of the Council of Association provided for by the Convention of Association between the European Economic Community and the African and Malagasy States associated with the Community

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas it is necessary , in accordance with Article 46 of that Convention, to take the measures required to imple­ Having regard to the Treaty establishing the European ment that Decision, Economic Community , and in particular Article 113 thereof; HAS ADOPTED THIS REGULATION :

Article 1 Having regard to the proposal from the Commission ; The Decision of the Council of Association No 36/71 of Whereas a Convention of Association between the Euro­ 22 April 1971 annexed to this Regulation shall apply as pean Economic Community and the African and Mala­ regards the concept of 'originating products' within the gasy States associated with the Community 1 was meaning of Title I of the Convention of Association bet­ signed on 29 July 1969 and entered into force on 1 Janu­ ween the European Economic Community and the Afri­ ary 1971 ; can and Malagasy States associated with the Communi­ ty and as regards methods of administrative cooperation.

Whereas under Article 10(2) of that Convention the Council of Association adopted, on 22 April 1971 , Deci­ Article 2 sion No 36/71 on the definition of the concept of 'originating products' for the application of Title I of the This Regulation shall enter into force on the day follow­ Convention of Association and on methods of adminis­ ing its publication in the Official Journal of the Euro­ trative cooperation; pean Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 7 June 1971 .

For the Council

The President

M. SCHUMANN

1 OJ No L 282, 28.12.1970, p. 2.

44 Official Journal of the European Communities

DECISION No 36/71

of the Council of Association on the definition of the concept of 'originating products' for the . application of Title I of the Convention of Association and on methods of administrative cooperation

THE COUNCIL OF ASSOCIATION , (a) products wholly obtained or produced in the Member States; Having regard to the Convention of Association between (b) products obtained or produced in the Member the European Economic Community and the African States , and in the manufacture of which were and Malagasy States associated with the Community used products other than those referred to under signed on 29 July 1969, and in particular Article 10 of Title I thereof: (a), on condition that those products have, within the meaning of Article 3, been sufficiently worked or processed. This condition shall not Having regard to the declaration of the contracting par­ ties relating to Article 10 of the Convention of Associa­ apply , however, as regards products which, with­ in the meaning of this Decision, originate in the tion, annexed to the Final Act of that Convention Associated State of destination or in the other (Annex I); Associated States eligible, in the Associated State of destination , for the same treatment as Having regard to the draft from the Commission of the the Member States ; European Communities ;

2. products originating in the Associated States, if they Whereas an Agreement relating to the products within have been transported directly, within the meaning the province of the European Coal and Steel Community of Article 5 , into the importing Member State : was signed on 29 July 1969 and annexed to the Conven­ tion of Association ; (a) products wholly obtained or produced in an Associated State; Whereas a single text containing all the provisions of the (b) products obtained or produced in an Associated . Decisions relation to the concept of 'originating prod­ State, and in the manufacture of which were used ucts' and which were made in application of the Conven­ products other than those referred to under (a), tion of Association signed at Yaounde on 20 July 1963 on condition that w. jse products have, within the would be very useful and would facilitate the task of the meaning of Article 3 , been sufficiently worked or users and of customs authorities ; processed. This condition shall not apply as re­ gards products which, within the meaning of this Whereas, furthermore, those Decisions must be ampli­ Decision, originate in the Community or in other fied in certain respects in the light of experience gained; Associated States .

Whereas it is necessary to set up a committee in order to This Decision shall for the time being not apply to the ensure administrative cooperation with a view to the cor­ products specified in List C. rect and uniform application of this Decision,

HAS ADOPTED THIS DECISION : Article 2

The following shall be considered, within the meaning of TITLE I Article 1 ( 1) (a) and 2 (a), as being 'wholly obtained or produced' either in the Member States or in the Associat­ Definition of the concept of 'originating products' ed States :

Article 1 (a) mineral products extracted from the ground thereof;

For the purposes of Title I of the Convention of Associa­ (b) vegetable products harvested therein ; tion between the European Economic Community and (c) live animals born and raised therein; the African and Malagasy States associated with the (d) products derived from live animals raised therein ; Community signed on 29 July 1969 , the following shall be considered as : (e) products of hunting and fishing carried on therein;

(0 marine products obtained from the sea by their ships ; 1 . products originating in the Community , if they have been transported directly , within the meaning of Ar­ (g) waste and scrap products derived from manufactur­ ticle 5 , into the importing Associated State : ing operations and used articles, if they were collect­

Official Journal of the European Communities 45

ed therein and are fit only for the recovery of raw (c) products which, without being covered by a single materials ; transport document made out in a Member State, or Associated State, pass through the territory of one or (h) goods obtained exclusively from the animals or prod­ more countries which are not parties to the Associa­ ucts referred to in subparagraphs (a) to (g) or from their derivatives . tion, provided that the crossing of these countries is justified for geographical reasons within the meaning of Article 28 and that the conditions laid down there­ Article 3 in are satisfied.

For the purposes of Article ( 1) (b) and (2) (b), the follow­ ing shall be considered as sufficient : TITLE H (a) any work or process which has the effect of placing the goods obtained under a different tariff heading Organization of methods of administrative cooperation from that relating to each of the products used, with the exception, however, of those specified in list A , to Article 6 which the special provisions relating to that list ap­ ply ; 'Originating products' within the meaning of this Deci­ sion shall be accepted as coming under Title I of the (b) any work or process specified in List B. Convention in the importing Member State or Associat­ ed State on production of a movement certificate A.Y.I Tariff headings means the headings of the Brussels endorsed by the customs authorities of the exporting Nomenclature for the classification of goods in customs Member State or Associated State. tariffs .

Article 7 Article 4 The movement certificate A.Y.I shall be endorsed only Where Lists A and B , referred to in Article 3 , provide upon written application by the exporter, made out on that the goods obtained in a Member State, or an Asso­ the form prescribed for this purpose. ciated State shall be considered as originating therein only if the value of the products used does not exceed a specified percentage of the value of the goods obtained, Articles the values to be taken into consideration in determining this percentage shall be as follows : The movement certificate A.Y.I shall be endorsed by the customs authorities of the exporting Member State, or - on the one hand : Associated State at the time of exportation of the goods to which it relates . It shall be made available to the ex­ for products the importation of which can be proved : porter as soon as actual exportation has been effected or their value for customs purposes at the time of impor­ ensured. tation ;

for products of unknown origin : the first verifiable Exceptionally , the movement certificate A.Y.I may.be price paid for those products in the territory of the endorsed after exportation of the goods to which it re­ State where manufacturing takes place; lates because of unintentional errors or omissions or

- on the other hand : special circumstances, it was not produced at the time of exportation. In such case, a special note shall be added the ex-factory price of the goods obtained, less inter­ explaining the circumstances in which it was endorsed. nal taxes refunded or to be refunded in case of expor­ tation. The movement certificate A.Y.I may be endorsed only where it can be regarded as the document required for the application -of the preferential system provided for by Article 5 Title I of the Convention . The following shall be considered as transported directly from the exporting Member State, or Associated State to the importing Member State, or Associated State : Articled

(a) products transported without passing through the 1 . The movement certificate A.Y.I must be submitted territory of a country not party to the Association or within five months of the date of endorsement by the cus­ without transhipment in any such country ; toms of the exporting Member State or Associated State (b) products transported through the territory of one or to the customs office of the importing Member State or more countries which are not parties to the Associa­ Associated State where the goods are presented. tion or with transhipment in such countries, provided that carriage through such countries is covered by a 2. The period prescribed in paragraph 1 for submitting single transport document made out in a Member the movement certificate A.Y.I shall be extended to 10 State, or Associated State; months in the following cases :

46 Official Journal of the European Communities

- where the goods must be sent via one of the ports list­ exclusively of goods for the personal or family use of the ed in Article 25 ( 1 ) (d); consignees or travellers ; the nature or quantity of such goods must not be such as might indicate that they are - where the goods must be sent via a port situated in the being imported for commercial reasons. Moreover, the territory of an Associated State, as regards trade with total value of these goods must not exceed 60 units of landlocked Associated States . account for small parcels or 200 units of account for the contents of the personal luggage of travellers. Article 10 Article 13 The movement certificate A.Y.I shall be made out in the form shown in Annex V. It shall be in one of the official The competent authorities of the Member States and languages in which the Convention is drawn up, and Associated States shall afford each other assistance shall comply with the internal laws of the exporting through their respective customs authorities in verifying Member State or Associated State. It shall be typed or the authenticity and accuracy of the movement certifi­ hand-written if the latter, it shall be completed in ink in cates A.Y.I in order to ensure correct application of this block letters . Title.

The size of the certificate shall be 210 x 297 mm . The TITLE III paper shall be free of mechanical pulp, dressed for writ­ ing purposes and shall weigh at least 64 g/m2, or be­ Issue and conditions for the use of movement certificates tween 25 and 30 g/m 2 if airmail paper is used. It shall A.Y.I have a printed green guilloche pattern background such as to reveal any falsification by mechanical or chemical means . A. Issue of movement certificates A . Y.l

Article 14 The front of each certificate shall bear a band consisting of three blue stripes , each 3 mm wide, running diagonal­ 1 . The exporter shall be responsible for applying for ly from the lower left to the top right corner. endorsement of a movement certificate A.Y.I , either in person or by his agent duly authorized to sign the export The Member States or Associated States may themselves declaration. This application shall be made out on form print the certificate forms or may entrust the work to A.Y.I which must be completed in accordance with Title printers appointed by them. In the latter case, reference II of this Decision and with the rules set out on the back to the appointment must appear on each certificate. Each of the first page of that form. certificate shall bear the name and address of the printer or a mark enabling the printer to be identified. It shall 2. The exporter or his agent shall attach to the applica­ also bear an individual serial number. tion any relevant document which may prove that a movement certificate A.Y.I relating to the goods to be exported may be endorsed. Article 11 Article 15 The movement certificate A.Y.I shall be submitted to the customs authorities in the importing Member State or 1 . The customs authorities of the exporting Member Associated State in accordance with the procedures laid State or Associated State shall be responsible for seeing down by that State. Those authorities shall have the right that the form A.Y.I is duly completed. They shall, in to require a translation of it. Moreover, they may require particular, check whether the section reserved for the the import declaration to be supplemented by a note description of the goods has been completed in such a from the importer certifying that the goods satisfy the way as to exclude any possibility of fraudulent addition . conditions required for the purposes of Title I of the To this end, the description of the goods must be given Convention. without any space between the lines . Where the section has not been completely filled up, a horizontal line must Article 12 be drawn below the last line, the part not filled in being crossed through . 1 . The Member States and Associated States shall , with­ out requiring production of a movement certificate A.Y. 2 . As the movement certificate A.Y.I constitutes the 1 , accept as ' originating products' coming under Title I document required for the application of the preferential of the Convention goods sent in small parcels to indi­ tariff and quota system provided for by the Convention, viduals or contained in the personal luggage of travellers , the customs office of the exporting country shall check if the goods imported have no commercial character, thoroughly the origin of the goods and verify the other provided they are declared to comply with the conditions statements on the certificate. required for the application of these provisions and the accuracy of this declaration is not in doubt . Article 16

2. Importations shall be treated as having no commer­ 1 . The customs authorities of a Member State shall en­ cial character if they take place occasionally and consist dorse the movement certificate A.Y. 1 if the goods to be

Official Journal of the European Communities 47

exported can be considered as 'originating products' of nation are not covered by a single transport document the Community within the meaning of this Decision. drawn up in the exporting country and pass through the territory of one or more countries which are not parties 2. In order to verify that the conditions referred to in to the Convention, without this being considered as an paragraph 1 is satisfied the customs authorities may re­ interruption of direct transport, the exporter may apply quire production of any supporting document or carry for issue of a provisional movement certificate A.Y. 1 . out any verification which they, consider necessary. In that case, one of the following endorsements shall be 3 . The customs authorities of the Member State shall marked in red ink in the ' Remarks' section of the refuse to endorse a movement certificate A.Y.I if the certificate : export documents submitted reveal that the goods to which the certificate relates are not destined for a coun­ 'VORLAUFIG', ' PROVISO! RE', 'PROVVISORIO', try party to the Convention. 'VOORLOPIG', 'PROVISIONAL'.

2. When the final destination of the goods has been es­ Article 17 tablished the provisional movement certificate A.Y.I 1 . The customs authorities of a country or territory shall shall be treated as a final movement certificate A.Y. 1 for endorse the movement certificates A.Y.I if the goods to all or part of the goods described therein, on condition be exported can be considered as 'originating products' that on written application by the importer it is approved of the Associated States within the meaning of this Deci­ for this purpose by the customs office at which the goods sion. are presented. The application must be accompanied by the provisional certificate and the documents showing 2. In order to verify that the condition referred to in that the goods have been dispatched to a Member State paragraph 1 is satisfied, the customs authorities may or Associated State. require any supporting document or carry out any verifi­ cation which they consider necessary. Approval shall relate solely to goods destined for the Member State or Associated State where the customs 3 . The customs authorities of the Associated State shall office which is carrying out the operation is situated. refuse to endorse a movement certificate A.Y.I if the export documents submitted reveal that the goods to If approval relates to all the goods described in the provi­ which the certificate relates are not destined for a coun­ sional certificate, the customs office which granted the try party to the Convention. approval shall withdraw that certificate.

If approval concerns only some of the goods described in Article 18 the provisional certificate, the customs office called upon In the part of the movement certificates A.Y.I reserved to effect the operation shall issue a final certificate relat­ for customs use, reference must be made to the date and ing only to the goods actually presented. It shall make an type or serial number of the export document on produc­ appropriate note on the provisional certificate which tion of which the exporter's declaration is certified. shall be sent to the customs offices to which the goods not presented will be dispatched. The date of the final certificate shall be that on which the provisional certifi­ Article 19 cate was endorsed.

Where a movement certificate A.Y.I covers products Article 22 originally imported from a Member State, Associated State and re-exported in the unaltered state, the new cer­ One or more movement certificates A.Y.I may at any tificates issued in the re-exporting Member State or As­ time be replaced by one or more other certificates A.Y. 1 sociated State shall indicate the Member State or Asso­ on condition that replacement is effected at the customs ciated State in which the original certificate was issued. office where the goods are located.

Article20¶

The customs stamp shall be applied by means of a metal 1 . If, as a result of unintentional errors or omissions or seal, preferably made .of steel. The countries party to the special circumstances, no application for a movement Convention shall transmit to one another, through the certificate A.Y.I was made at the time the goods were Council of Association, specimens of the impressions exported, such a certificate may be issued after actual made by the seals used in their customs offices. exportation of the goods to which it is to relate.

In that case, the exporter shall : Article 21 - apply for it in writing, giving details as to the nature 1 . Where goods which are to be exported from a Mem­ of the goods, the quantities involved, packing, marks ber State or Associated State to an unknown final desti­ and the place and date of dispatch;

48 Official Journal of the European Communities

- confirm that no certificate A.Y.I was issued when the or an Associated State, the goods must be sent via one of goods in question were exported, stating the reasons the following ports : therefor ;

- attach a form A.Y. 1 duly completed and signed. Beira ( Portuguese East Africa)

as regards trade with the Democratic Republic of 2 . The customs authorities may issue a movement certif­ the Congo icate A .Y.I retrospectively only after checking whether Durban, Cape Town, Port Elizabeth (South Africa) the information in the exporter's application conforms as regards trade with the Democratic Republic of with that contained in the corresponding file. the Congo

Certificates issued retrospectively must be marked with Algiers , Annaba, Oran (Algeria) one of the following endorsements in red ink : as regards trade with the Republic of Niger

Lobito (Angola) 'NACHTRAGLICH AUSGESTELLT, 'DELIVRÉ a as regards trade with the Democratic Republic of posteriori-, ' RILASCIATO A POSTERIORI', the Congo 'AFGEGEVEN A POSTERIORI', 'ISSUED RETRO­ SPECTIVELY'. Las Palmas (Spain, Canary Islands) as regards trade with the Islamic Republic of Mauri­ Article 24 tania

In case of theft, loss or destruction of a movement certifi­ Bathurst and other ports on the mouth of the Gambia cate A.Y.I , the exporter may ask the issuing customs as regards trade with the Republic of Senegal authorities for a duplicate made out on the basis of the Tema, Takoradi, Acora (Ghana) export documents in their possession . as regards trade with the Republic of Upper Volta

Bata (Equatorial Guinea) The duplicate thus issued shall be marked with one of the as regards trade with the Gabonese Republic following endorsements in red ink : 'DUPLIKAT, 'DUPLICATA', ' DUPLICATO', 'DUPLICAAT, Conakry (Guinea) ' DUPLICATE'. as regards trade with the Republic of Mali

Mombassa (Kenya) The duplicate shall be valid from the date when the origi­ as regards trade with the Republic of Burundi, the nal certificate was endorsed. Democratic Republic of the Congo and the Republic of Rwanda B . Conditionsfor the use ofmovement certificate A . Y.l Benghazi (Libya) as regards trade with the Republic of Chad

Article 25 Tripoli (Libya) as regards trade with the Republic of Niger and the 1 . Goods transported without passing through the terri­ Republic of Chad tory of a country not party to the Convention or without Burutu, Wari (Nigeria). transhipment in such a country shall be considered as as regards trade with the Federal Republic of Came­ transported directly. roon, the Republic of Niger and the Republic of Chad The following shall not however, be considered as an in­ terruption of direct transport : Calabar (Nigeria) as regards trade with the Federal Republic of Came­ (a) calling at ports situated on the territory of countries roon not party to the Convention ; Lagos, Apapa (Nigeria) (b) transhipments in such ports, attributable to force as regards trade with the Federal Republic of Came­ majeure or events at sea; roon, the Republic of Dahomey , the Republic of (c) passing through the territory of one or more coun­ Niger and the Republic of Chad. tries which are not parties to the Convention or tran­ Port Harcourt (Nigeria) shipment in such countries provided that carriage as regards trade with the Federal Republic of Came­ through such countries is covered by a single trans­ roon, the Republic of Niger and the Republic of port document made out in a Member State or in an Chad Associated State; Port Sudan (Sudan) (d) passing through the territory of one or more coun­ as regards trade with the Republic of Chad tries which are not parties to the Convention if those countries are crossed for geographical reasons. Dar es Salaam (Tanzania) as regards trade with the Republic of Burundi, the In such case, and where the products are not covered by Democratic Republic of the Congo and the Republic a single transport decument made out in a Member State of Rwanda.

Official Journal of the European Communities 49

2 . While passing through the territory of the countries Article 29 referred to in paragraph 1 , the goods shall remain under Goods sent in small parcels to individuals or contained the supervision of the customs authorities of the country in the personal luggage of travellers shall be exempt from of transit and may not be put into free circulation there. the production of a movement certificate A.Y.I , where During their stay in the country of transit, they may these are imports satisfying the conditions provided for undergo only such usual forms of handling as are needed in Article 12 . to ensure their preservation in the unaltered state.

3 . Proof that the conditions referred to in paragraph 2 E. Subsequent verification ofmovement certificates A.Y.I are satisfied shall be furnished by production of a certifi­ cate issued by the customs authorities of the country of transit and containing :

- an exact description of the goods ; Article 30 - the date of loading or unloading of the goods, with the 1 . Subsequent verification of movement certificates names of the ships ; A.Y.I is to be carried out at random, and also wherever - a certified statement of the conditions under which the the customs authorities of the importing Member State or goods stayed in the country . Associated State have reasonable doubt as to the authen­ ticity of the document or the accuracy of the information Where it is impossible to produce this certificate, the relating to the true origin of the goods in question or of customs authorities shall take account of any documen­ certain parts thereof. tary proof submitted to them. 2 . For the purposes of application of paragraph 1 , the customs authorities of the importing country shall return Article 26 the movement certificate A.Y.I to the customs authori­ ties of the exporting country , specifying the reasons re­ Movement certificates A.Y.I submitted to the customs , lating to fact or form which justify an inquiry . authorities of the importing Member State, or Associated State after expiry of the period specified in Article 9 may They shall forward any information which it has been be accepted for the purposes of application of the prefer­ possible to obtain and which suggests that the particu­ ential system where failure to observe the time limit is lars given on the certificate are inaccurate. due to a case offorce majeure or to exceptional circum­ stances . If the customs authorities of the importing country de­ cide to suspend application of Title I of the Convention Apart from these cases, the customs authorities of the pending the results of the verification they shall offer the importing Member State or Associated State may accept importer release of the goods subject to such precaution­ the certificates where the goods were presented to them ary measures as may be considered necessary . before expiry of the period.

3 . The results of subsequent verification shall be made Article 27 known to the customs authorities of the importing coun­ try within three months . The results must be such as to Slight discrepancies between the particulars entered on make it possible to ascertain whether the movement cer­ the movement certificate A.Y.I and those entered on the tificate A.Y.I in dispute relates to the goods actually documents produced at the customs office as part of the exported and whether the preferential system does in fact formalities for importing the goods shall not automati­ apply to them . cally invalidate the certificate if it is duly established that the latter corresponds to the goods presented. Where no agreement can be reached by the customs au­ thorities of the importing country and those of the ex­ C. Passing throughfree zones porting country or where a problem of interpretation of this Decision arises in connection with the dispute, the matter shall be put before the Customs Cooperation Article 28 Committee provided for in Article 31 . In any event, the The countries party to the Convention shall take all ne­ settlement of disputes between the importer and the cus­ cessary measures to prevent goods which are the subject toms authorities of the importing country shall remain of trade within the Association under cover of a move­ subject to the laws of that country . ment certificate A.Y.I and which in the course of car­ riage stay in a free zone (including free ports and free For the purpose of subsequent verification of the certifi­ warehouses) situated on their territory from undergoing cates , the export documents or copies of certificates in any form of handling other than that needed to ensure lieu thereof must be retained by the customs authorities their preservation in the unaltered state. of the exporting country for two years .

D. Small parcels andpersonal luggage F. Customs Cooperation Committee

50 Official Journal of the European Communities

Article 31 This review may be made more frequently at the request of the Community or the Associated States . A Customs Cooperation Committee is hereby set up which shall be entrusted, under the authority of the 2. The Council of Association shall empower the Com­ Committee of Association, with ensuring administrative mittee of Association to amend Title III of this Decision cooperation for purposes of correct and uniform applica­ concerning methods and procedure of cooperation in the tion of this Decision and with the performance of any field of customs . other task in the field of customs which the Committee of Association may entrust to it.

Article35¶

Article 32 The Explanatory Notes, lists A , B , and C , and the speci­ men movement certificate A.Y.I which are annexed to The Customs Cooperation Committee shall consist, on this Decision shall form an integral part thereof. the one hand, of customs experts from the Member States and officials from the Commission of the Euro­ As a temporary measure, up to and including 3 1 Decem­ pean Communities competent to deal with customs mat­ ber 1971 , certificates which correspond to the specimen ters and, on the other, of customs experts from the Asso­ ciated States . The Chairman of the Committee shall be annexed to Decision No 5/66 of 22 April 1966 may be endorsed by the customs authorities of the exporting appointed as provided for in Article 14 of the rules of Member State or the Associated State and used as procedure of the Council of Association. provided for in this Decision .

A rticle 33

The rules of procedure of the Customs Cooperation Article 36 Committee shall be as adopted by the Committee of Each Associated State, each Member State and the Association . Community shall respectively adopt the measures neces­ sary for implementation of this Decision.

TITLE-IV

Final Provisions This Decision shall enter into force on 1 June 1971 . Article 34 Done at Tananarive, 22 April 1971 . 1 . The application of Titles I and II of this Decision and the economic effects resulting therefrom shall be reviewed annually with a view to making any necessary The President ofthe Council ofAssociation

adjustments. Y. BOURGES

Official Journal of the European Communities 5

ANNEXI

EXPLANATORY NOTES

Note 1 — to Article 1

The expression ' in the Member States or ' in an Associated State' shall also cover territorial waters. Ships operating on the high seas, including 'factory ships' on board which fishery catches are processed or prepared, shall be deemed to form part of the territory of the Member State or Associated State to which they belong, provided that they satisfy the conditions set out in Explanatory Note No 4.

Note 2 - to Article 1

In order to determine whether a product originates in a Member State or Associated State no investiga­ tion shall be made as to whether the power, equipment, machinery ant tools used in obtaining this prod­ uct originated in a third country.

Note 3 — Article I •

Packagmg shall be considered as forming an integral part of the products which it contains. Neverthe­ less, this provision shall not apply to packaging which is not of the usual type for the product packed and which has a lasting utility value of its own, apart from its nature as packaging.

Note 4 - to Article 2 (0

The expression 'their ships' shall apply only in respect of ships : - which are registered or recorded in a Member State or an Associated State; - which fly the flag of a Member State or Associated State; - which belong at least half to. nationals of countries party to the Convention or to a company whose head office is situated in one of tho^e countries and of which the manager or managers, the chairman of the board of directors or of the supervisory board and the majority of the members of these boards are nationals of countries party to the Convention and of which; in addition, as regards companies, whether or not limited liability , at least half the capital belongs to States party to the Convention, to bodies governed by public law or to nationals of those States;

- whose officers are all nationals of countries party to the Convention; and - of which at least 75% of the crew is composed of nationals of countries party to the Convention.

Note 5 — to Article 4

Ex-factory price means the price paid to the manufacturer in the undertaking where working or process­ ing takes place. Where working or processing is carried out in two or more undertakings successively , the price to be taken into consideration is that paid to the last manufacturer.

Note 6 — to Articles 9 and 25

The name of the port of transit shall be given in the Section ' Remarks' of the movement certificate A.Y.I.

52 Official Journal of the European Communities

ANNEX II

LIST A

List of working or processing operations which involve a change in tariff heading, but which do not confer the character of 'originating product' on the products which undergo them, or which do so only on certain conditions

Products obtained Working or processing which Working or processing which confers the character of does not confer the character CCT of 'originating products' 'originating products' where heading Description the following condtions are satisfied No

All head­ All products 1 . Operations intended to ensure ing Nos the preservation of goods in the of the unaltered state during carriage Common and storage (ventilation , spread­ Customs ing out, drying, chilling, placing Tariff in brine, in suplhur water or in other solutions, removal of dam­ aged parts, and like operations) 2. Simple operations consisting of removal of dust, sifting or screen­ ing, sorting, classifying, match­ ing (including the making up to sets of articles), washing, paint­ ing, cutting up 3 . (a) Changes of packings, break­ ing up and assembling of parcels (b) Placing in bottles, flasks, bags, cases, boxes, fixing on cards or boards etc, and all other simple packing opera­ tions 4. Affixing of marks, labels, or other like distinguishing signs on the products or their packings 5. Mixing of products, whether or not of different kinds, where one or more components of the mix­ ture do not satisfy the conditions laid down by the Council of Association to be considered as originating either in the Member States , or Associated States 6. Assembly of parts of articles in order to constitute a complete article 7. A combination of two or more operations referred to in items 1 to 6 above 8. Slaughtering of animals

02.06 Meat and edible meat offals (except Salting, placing in brine, drying or poultry liver), salted, in brine, dried smoking of meat and edible meat of­ or smoked fals of heading Nos 02.01 and 02.04

03.020 Fish , salted, in brine, dried or Salting, placing in brine, drying or smoked smoking of fish

04.02 Milk and cream, preserved, con­ Preserving, concentrating milk or centrated or sweetened cream of heading No 04.01 or adding sugar to these products

04.03 Butter Manufacture from milk or cream

04.04 Cheese and curd Manufacture from products of head­ ing Nos 04.01 , 04.02 and 04.03

O The special provisions on this heading shall remain in force in pursuance of Decision 13/66 of the Council of Association until a new decision is taken by the Council of Association in this matter.

V

Official Journal of the European Communities 53

List A (.continued) -

Products obtained Working or processing which Working or processing which does not confer the character confers the character of CCT 'originating products' where of 'originating products' heading Description the following condtions are satisfied No

07.02 Vegetables (whether or not cooked), Freezing of vegetables .preserved by freezing

07.03 Vegetables provisionally preserved Placing in brine or in other solutions in brine, in sulphur water or in other of vegetables of heading No 07.01 preservative solutions, but not spe­ cially prepared for immediate con­ sumption

07.04 Dried, dehydrated or evaporated Drying, dehydration, evaporation, vegetables, whole, cut, sliced, bro­ cutting, grinding, powdering of ken or in powder, but not further vegetables of heading Nos 07.01 to prepared 07.03 inclusive

08.10 Fruit (whether or not cooked), pre­ Freezing of fruit served by freezing, not containing added sugar

08.11 Fruit provisionally preserved (for Placing in brine or in other solu­ example, by sulphur dioxide gas, in tions of fruit of heading Nos 08.01 brine, in sulphur water or in other to 08.09 inclusive preservative solutions), but unsuit­ able in that state for immediate consumption

08.12 Fruit, dried, other than that falling Drying of fruit within heading No 08.01 , 08.02, 08.03, 08.04 or 08.05

11.01 Cereal flours Manufacture from cereals

11.02 Cereal groats and cereal meal ; other Manufacture from cereals worked cereal grains (for example, rolled, flaked, polished, pearled or kibbled, but not further prepared), except husked, glazed, polished or broken rice ; germ of cereals, whole, rolled, flaked or ground

11.03 Flours of the leguminous vegetables Manufacture from dried leguminous falling within heading No 07.05 vegetables

11.04 Flours of the fruits falling within Manufacture from fruits of Chapter any heading in Chapter 8 8

11.05 Flour, meal and flakes of potato Manufacture from potatoes

11.06 Flour and meal of sago and manioc, Manufacture from products of head­ arrowroot, salep and other roots ing No 07.06 and tubers falling within heading No 07.06

11.07 Malt, roasted or not Manufacture from cereals

11.08 Starches ; inulin Manufacture from cereals of Chap­ ter 10, potatoes or other products of Chapter 7

11.09 Gluten and gluten flour, roasted or Manufacture from cereals or cereal not flours

15.01 Lard and other rendered pig fat ; Manufacture from products of head­ rendered poultry fat ing No 02.05

54 Official Journal of the European Communities

List A (continued)

Products obtained Working or processing which Working or processing which confers the character of does not confer the character CCT 'originating products* where of 'originating products* beading Description the'following condtions are satisfied No

15.02 Unrendered fats of bovine cattle, Manufacture from products of head­ sheep or goats ; tallow (including ing No 02.01 premier jus) produced from those fats

15.040 Fats and oils, of fish and marine Manufacture from fish or marine mammals, whether or not refined mammals caught by fishing vessels of third countries

15.06 Other animal oils and fats (includ­ Manufacture from products of ing neatsfoot oil and fats from Chapter 2 bones or waste)

ex 15.07 Edible vegetable oils Manufacture from products of Chapters 7 and 12

16.01 Sausages and the like, of meat, meat Manufacture from products of offal or animal blood Chapter 2

16.02 Other prepared or preserved meat Manufacture from products of or meat offal Chapter 2

16.04 Prepared or preserved fish , includ­ Manufacture from products of ( 1 ) ing caviar and caviar substitutes Chapter 3

16.05 Crustaceans and molluscs, prepared Manufacture from products of ( 1 ) or preserved Chapter 3

17.02 Other sugar ; sugar syrups ; artifitial Manufacture from any kind of honey (whether or not mixed with product natural honey); caramel

17.04 Sugar confectionery, not contain­ Manufacture from other products ing cocoa of Chapter 17

17.05 Flavoured or coloured sugars, sy­ Manufacture from any product rups and molasses, but not includ­ ing fruit juices containing added sugar in any proportion

18.03 Cocoa paste (in bulk or in block), Manufacture from 'originating* co­ whether or not defatted coa beans

18.04 Cocoa butter (fat or oil) Manufacture from 'originating* cocoa beans

18.05 Cocoa powder, unsweetened Manufacture from 'originating' cocoa beans

18.06 Chocolate and other food prepara­ Manufacture from products of tions containing cocoa Chapter 17 of manufacture in which the value of cocoa in the bean used exceeds 40% of the value of the finished product

19.02 Preparations of flour, starch or Manufacture from cereals and deri­ malt extract, of a kind used as ved products, meat, milk and sugars infant food or for dietetic or culi­ nary purposes, containing less than 50% by weight of cocoa

19.03 Macaroni, spaghetti and similar Obtained from durum wheat products

C ) The special provisions on this heading shall remain in force in pursuance of Decision 13/66 of the Council of Association until a new decision is taken by the Council of Association in this matter.

Official Journal of the European Communities 55

List A (continued)

■ Products obtained Working or processing which Working or processing which does not confer the character confers the character of CCT 'originating products' where of 'originating products' heading Description the following condtions are satisfied No

19.04 Tapioca and sago ; tapioca and sago Manufacture from various products substitutes obtained from potato or other starches

19.05 Prepared foods obtained by the Manufacture from various products swelling or roasting of cereals or cereal products (puffed rice, corn flakes and similar products)

20.01 Vegetables and fruit, prepared or Preserving vegetables and fruit, preserved by vinegar or acetic acid, fresh or frozen or preserved tempo­ with or without sugar, whether or rarily or preserved in vinegar not containing salt, spices or mu­ stard

20.02 Vegetables prepared or preserved Preserving vegetables fresh or frozen otherwise than by vinegar or acetic acid

20.03 Fruit preserved by freezing, contain­ Manufacture from 'originating' ing added sugar fruit of Chapter 8 and 'originating ' products' of Chapter 17

20.04 Fruit, fruit-peel and parts of plants, Manufacture from fruit and preserved by sugar (drained, glacé 'originating products' of Chapter 17 or crystallized)

ex 20.05 Fruit purée and fruit pastes, jams, Manufacture from fruit and fruitjellies, marmalades, being cook­ 'originating products' of Chapter 17 ed preparations, containing added sugar

20.06 Fruit otherwise prepared or preser­ ed, whether or not containing added sugar or spirit

A. Nuts (including ground-nuts), Manufacture, without the addition roasted of sugar or alcohol in which the value of 'originating products' of Nos 08.01 , 08.05 or 12.01 used is at least 60% of the value of the finished product

B. Other Manufacture from 'originating products' of Chapter 8, 17 or 22

ex 20.07 Unfermented fruit juice without the Manufacture from 'originating pro­ addition of alcohol , whether or not ducts' of Chapter 8 or 17 containing added sugar

ex 21.01 Roasted chicory and extracts thereof Manufacture from chicory roots, fresh or dried

ex 22.09 Undenatured ethyl alcohol of a Adding water to ethyl alcohol of strength less than 80° heading No 22.08 or a mixture of alcohols of heading Nos 22.08 and 22.09

22.10 Vinegar and substitutes for vinegar Manufacture from alcohol or wine

23.04 Oil-cake and other residues (except Manufacture from various products dregs) resulting from the extraction of vegetable oils

23.07 Sweetened forage ; other prepara­ Manufacture from cereals and deriv­ tions of a kind used in animal feed­ ed products, meat, milk, sugar and ing molasses

56 Official Journal of the European Communities

List A (continued)

Products obtained Working or processing which Working or processing which confers the character of does not confer the character CCT of 'originating products' 'originating products' where heading Description the following condtions are satisfied No

ex 24.02 Cigarettes, cigars and cheroots, Manufacture in which at least smoking tobacco 70 % by quantity of the materials of heading No 24.01 used are 'ori­ ginating products'

ex 28.13 Hydrobromic acid Any manufacture from products of heading No 28.01

ex 28.19 Zinc oxide Any manufacture from products of heading No 79.01

28.27 Lead oxides ; red lead and orange Any manufacture from products of lead heading No 78.01

ex 28.28 Lithium hydroxide Any manufacture from products of heading No 28.42

ex 28.29 Lithium fluoride Any manufacture from products of heading No 28.28 or 28.42

ex 28.30 Lithium chloride Any manufacture from products of heading Nos 28.28 or 28.42

ex 28.33 Bromides Any manufacture from products of heading Nos 28.01 or 28.13

ex 28.38 Aluminium sulphate Any manufacture from products of heading No 28.20

ex 28.42 Lithium carbonate Any manufacture from products of heading No 28.28

ex 29.02 Organic bromides Any manufacture from products of heading Nos 28.01 or 28.13

ex 29.02 Trichlorodi-(chlorophenyl)-ethane Transformation of ethanol into chloral and condensation of chloral with monochlorobenzene

ex 29.35 Pyridine ; alphapicoline ; betapico­ Transformation of acetylene into line ; gammapicoline acetaldehyde and transformation of acetaldehyde into pyridine or pico­ line

ex 29.35 Vinylpyridine Transformation of acetaldehyde into picoline and transformation of picoline into vinylpyridine

ex 29.38 Nicotinic acid (Vitamin PP) Transformation of acetaldehyde into betapicoline and transforma­ tion of betapicoline into nicotinic acid

ex 30.03 Medicaments (including veterinary Manufacture from antibiotics of medicaments) containing antibiotics heading No 29.44

31.05 Other fertilizers ; of the present Manufacture in which the value of Chapter in tablets, lozenges and the products used does not exceed similar prepared forms or in pack­ 50 % of the value of the finished ings of a gross weight not exceeding product 10 kg

32.06 Colour lakes Any manufacture from materials of heading Nos 32.04 or 32.05

32.07 Other colouring matter ; inorganic Mixing of oxides or salts of Chapter products of a kind used as lumi­ 28 with extenders such as barium nophores sulphate, chalk, barium carbonate and satin white

Official Journal of the European Communities 57

List A (continued)

Products obtained Working or processing which Working or processing which confers the character of does not confer the character CCT 'originating products' where of 'originating products' the following condtions are satisfied heading Description No

35.05 Dextrins and dextrin glues ; soluble Any manufacture from various pro­ or roasted starches ; starch glues ducts

38.11 Disinfectants, insecticides, fungi­ Manufacture in which the value of cides, weedkillers, antisprouting the products used does not exceed products, · rat poisons and similar 50 % of the value of the finished products, put up in forms or pack­ product ings for sale by retail or as prepara­ tions or as articles (for example, sulphur-treated bands, wicks and candles, flypapers)

38.12 Prepared glazings, prepared dress­ Manufacture in which the value of ings and prepared mordants, of a the products used does not exceed kind used in the textile, paper, 50 % of the value of the finished leather or like industries product

38.13 Pickling preparations for metal sur­ Manufacture in which the value of faces ; fluxes and other auxiliary the products used does not exceed preparations for soldering, brazing 50 % of the value of the finished or welding; brazing or welding pow­ product ders and pastes consisting of metal and other materials ; preparations of a kind used as cores or coatings for welding rods and electrodes

ex 38.14 Anti-knock preparations, oxida­ Manufacture in which the value of tion inhibitors, gum inhibitors, the products used does not exceed viscosity improvers, anti-corrosive 50 % of the value of the finished preparations, and similar prepared product additives for mineral oils, excluding prepared additives for lubricants

38.15 Prepared rubber accelerators Manufacture in which the value of the products used does not exceed 50 % of the value of the finished product

38.17 Preparations and charges for fire­ Manufacture in which the value of extinguishers ; charged fire-extin­ the products used does not exceed guishing grenades 50 % of the value of the finished product

38.18 Composite solvents and thinners for Manufacture in which the value of varnishes and similar products the products used does not exceed 50 % of the value of the finished product

ex 38.19 Chemical products and preparations Manufacture in which the value of of the chemical or allied industries the products used does not exceed (including those consisting of mix­ 50 % of the value of the finished tures of natural products); not else­ product where specified or included ; residual products of the chemical or allied industries, not elsewhere specified or included, excluding :

— Fusel oil and Dippel's oil ; — Naphthenic acids and their non­ water-soluble salts ; esters of naphthenic acids ; — Sulphonaphthenic acids and their non-water soluble salts ; esters of sulphonaphthenic acids ; — Petroleum sulphonates, exclu­ ding petroleum sulphonates of alkali i. c, als, of ammonium or of ethanolamines ; thiophenated

/

58 Official Journal of the European Communities

List A (continued)

Products obtained Working or processing which Working or processing which does not confer the character confers the character of ccr 'originating products' where of 'originating products' heading Description the following condtions are satisfied No

ex 38.19 sulphonic acids of oils obtained (cont'd) from bituminous minerals, and their salts ; — Mixed alkylenes ; - — Mixed alkylbenzenes or mixed alkylnaphthalenes ; — Ion exchangers ; — Catalysts ; — Getters for vacuum tubes ; — Refractory cements, or mortars and similar preparations ; — Alkaline iron oxide for the puri­ fication of gas ; — Carbon (excluding artificial graphite of heading No ex 38.01 ) in metallo-graphite or other compounds, in the form of small plates , bars or other semi-manu­ factures

39.07 Articles of materials of the kinds Working of artificial plastic mate­ described in headings Nos. 39.01 to rials, cellulose ethers and esters, and 39.06 artificial resins

40.05 Plates, sheets and strip, or unvul­ Manufacture in which the value of canised natural or synthetic rubber, the products used does not exceed other than smoked sheets and crepe 50 % of the value of the finished sheets of heading Nos 40.01 or product 40.02 ; granules of unvulcanised na­ tural or synthetic rubber compound­ ed ready for vulcanization ; unvul­ canized natural or synthetic rubber, compounded before or after coagu­ lation either with carbon black (with or without the addition of mineral oil) or with silica (with or without the addition of mineral oil), in any form, of a kind known as master­ batch

41.02 Bovine cattle leather (including Tanning of raw hides and skins of buffalo leather) and equine leather, heading No 41.01 except leather falling within heading Nos 41.06, 41 .07 or 41.08

41.03 Sheep and lamb skin leather, except Tanning of raw hides and skins of leather falling within heading Nos heading No 41.01 41.06, 41.07 or 41.08

41.04 Goat and kid skin leather, except Tanning of raw hides and skins of leather falling within heading Nos heading No 41.01 41.06, 41.07 or 41.08

41.05 Other kinds of leather, except Tanning of raw hides and skins of leather falling within heading Nos heading No 41.01 41.06, 41.07 or 41.08

41.08 Patent leather and imitation patent Varnishing or metallizing of leather leather ; metallized leather of heading Nos 41.02 to 41.07 in­ clusive (other than skin leather of crossed Indian sheep and of Indian goat or kid, not further prepared than vegetable tanned, or if other­ wise prepared, obviously unsuitable for immediate use in the manu­ facture of leather articles), in which the value of the skin leather used does not exceed· 50 % of the value of the finished product

Official Journal of the European Communities 59

List A (continued)

Products obtained Working or processing which Working or processing which confers the character of does not confer the character CCT 'originating products' where of 'originating products' heading Description the following condtions are satisfied No

43.03 Articles of furskin Making up of furskin in plates, cros­ • ses and similar forms (heading No ex 43.02)

44.21 Complete wooden packing cases, Manufacture from boards not cut boxes , crates, drums and similar to size packings imported assembled, un­ assembled or partly assembled

45.03 Articles of natural cork Manufacture from products of heading No 45.01

48.06 Paper and paperboard, ruled, lined Manufacture from paper pulp or squared, but not otherwise printed, in rolls or sheets

48.14 Writing blocks, envelopes, letter Manufacture in which the value of cards, plain postcards, correspon­ the products used does not exceed dence cards ; boxes, pouches, wal­ 50 % of the value of the finished lets and writing compendiums, of product . paper or paperboards, containing only an assortment of paper station­ ery

48.15 Other paper and paperboard, cut to Manufacture from paper pulp size or shape

48.16 Boxes, bags and other packing con­ Manufacture in which the value of tainers, of paper or paperboard the products used does not exceed 50 % of the value of the finished product

50.04 Silk yarn, other than yarn of noil or Manufacture from products of other waste silk, not put up for re­ heading No 50.01 tail sale

51.03 Yarn of man-made fibres (conti­ Manufacture from chemical pro­ nuous) put up for retail sale ducts or textile pulp

51.04 Woven fabrics of man-made fibres Manufacture from chemical pro­ (continuous), including woven fa­ ducts or textile pulp brics of monofil or strip of heading Nos 51.01 or 51.02

53.06 Yarn of carded sheep's or lamb's Manufacture from wool not carded wool (woollen yarn), not put up for or combed retail sale

. 53.07 Yarn of combed sheep's or lamb's Manufacture from wool not carded wool (worsted yarn), not put up for or combed retail sale

53.08 Yarn of fine animal hair (carded or Manufacture from raw fine animal combed), not put up for retail sale hair of heading No 53.02

53.09 Yarn of horsehair or of other coarse Manufacture from raw coarse ani­ animal hair, not put up for retail mal hair of heading. No 53.02 or sale from raw horsehair of heading No 05.03 not prepared

53.10 Yarn of sheep's or lamb's wool, of Manufacture from materials of horsehair or of other animal hair heading Nos 05.03 or 53.01 to 53.04 (fine or coarse), put up for retail inclusive sale

53.11 Woven fabrics of sheep's or lamb's Manufacture from materials of wool or of fine animal hair heading Nos 53.01 to 53.05 in­ clusive

60 Official Journal of the European Communities

Last A (continued)

Products obtained Working or processing which Working or processing which does not confer the character confers the character of CCT of 'originating products' 'originating products* where heading Description the following condtions are satisfied No

54.04 Flax or ramie yarn, put up for re­ Manufacture from materials of tail sale heading Nos 54.01 to 54.02

54.05 Woven fabrics of flax or of ramie Manufacture from materials of heading Nos 54.01 or 54.02

55.05 Cotton yarn, not put up for retail Manufacture from materials of sale heading Nos 55.01 or 55.03

55.06 Cotton yarn, put up for retail sale Manufacture from materials of heading Nos 55.01 or 55.03

55.07 Cotton gauze Manufacture from materials of heading Nos 55.01 , 55.03 or 55.04

55.08 Terry towelling and similar terry Manufacture from materials of fabrics, of cotton heading Nos 55.01 , 55.03 or 55.04

55.09 Other woven fabrics of cotton Manufacture from materials of heading Nos 55.01 , 55.03 or 55.04

56.01 Man-made fibres (discontinuous), Manufacture from chemical pro­ not carded, combed or otherwise ducts or textile pulp prepared for spinning

56.02 Continuous filament tow for the Manufacture from chemical pro­ manufacture of man-made fibres ducts or textile pulp (discontinuous)

56.04 Man-made fibres (discontinuous or Manufacture from chemical pro­ waste), carded, combed or other­ ducts or textile pulp wise prepared for spinning

56.05 Yarn of man-made fibres (disconti­ Manufacture from chemical pro­ nuous or waste), not put up for ducts or textile pulp retail sale

56.06 Yarn of man-made fibres (disconti­ Manufacture from chemical pro­ nuous or waste), put up for retail ducts or textile pulp sale

56.07 Woven fabrics of man-made fibres Manufacture from materials of (discontinuous or waste) heading Nos 56.01 to 56.03 in­ clusive

57.09 Woven fabrics of true hemp Manufacture from materials of heading No 57.01

57.10 Woven fabrics of jute Manufacture from raw jute

57.11 Woven fabrics of other vegetable Manufacture from materials of textile fibres heading Nos 57.02 or 57.04

58.01 Carpets, carpeting and rugs, knotted Manufacture from materials of (made up or not) heading Nos 50.01 to 50.03 in­ clusive, 51.01 , 53.01 to 53.05 in elusive, 54.01 , 55.01 to 55.04 in­ clusive, 56.01 to 56.03 inclusive and 57.01 to 57.04 inclusive

58.02 Other carpets, carpeting, rugs, mats Manufacture from materials of and matting, and 'Kelem', 'Schu­ heading Nos 50.01 to 50.03 in­ macks' and ' Karamanie' rugs and clusive, 51.01 , 53.01 to 53.05 in­ the like (made up or not) elusive, 54.01 , 55.01 to 55.04 in­ clusive, 56.01 to 56.03 inclusive or 57.01 to 57.04 inclusive

Official Journal of the European Communities 61

List A (continued)

Products obtained Working or processing which Working or processing which does not confer the character confers the character of CCT 'originating products' where of 'originating products' heading Description the following condtions are satisfied No

58.04 Woven pile fabrics and chenille fa­ Manufacture from materials of brics (other than terry towelling or heading Nos 50.01 to 50.03 in­ similar-terry fabrics of cotton falling clusive, 51.01 , 53.01 to 53.05 in­ within heading No 55.08 and fabrics clusive, 54.01 , 55.01 to 55.04 in­ falling within heading No 58.05) clusive and 56.01 to 56.03 inclusive

58.05 Narrow woven fabrics, and narrow Manufacture from materials of fabrics (bolduc) consisting of warp heading Nos 50.01 to 50.03 in­ without weft assembled by means of clusive, 51.01 , 53.01 to 53.05 in­ an adhesive, other than goods falling clusive, 54.01 , 55.01 to 55.04 in­ within heading No 58.06 clusive, 56.01 to 56.03 inclusive, and 57.01 to 57.04 inclusive

58.06 Woven labels, badges and the like, Manufacture from materials of not embroidered, in the piece, in heading Nos 50.01 to 50.03 in­ strips or cut to shape or size clusive, 51.01 , 53.01 to 53.05 in­ clusive, 54.01 , 55.01 to 55.04 in­ clusive and 56.01 to 56.03 inclusive

58.08 Tulle and other net fabrics (but not Manufacture from materials of including woven, knitted or cro­ heading Nos 50.01 to 50.03 in­ cheted fabrics), plain clusive, 51.01 , 53.01 to 53.05 in­ clusive, 54.01 , 55.01 to 55.04 in­ clusive and 56.01 , 56.03 inclusive

58.09 Tulle and other net fabrics (but not Manufacture from materials of including woven, knitted or cro­ heading Nos 50.01 to 50.03 in­ cheted fabrics), figures ; hand or clusive, 51.01 , 53.01 to 53.05 in­ mechanically made lace, in the clusive, 54.01 , 55.01 to 55.04 in­ piece, in strips or in motifs clusive and 56.01 to 56.03 inclusive

59.04 Twine, cordage, ropes and cables, Manufacture either from natural plaited or not fibres or from chemical products or textile pulp

59.05 Nets and netting made of twine, Manufacture either from natural cordage or rope, and made up fish­ fibres or from chemical products ing nets of yarn, twine, cordage or or textile pulp rope

59.06 Other articles made from yarn, Manufacture either from natural twine, cordage, rope or cables, other fibres or from chemical products or than textile fabrics and articles textile pulp made from such fabrics

59.07 Textile fabrics coated with gum or Manufacture from yam amylaceous substances, of a kind used for the outer covers of books and the like ; tracing cloth ; prepared painting canvas ; buckram and simi­ lar fabrics for hat foundations and similar uses

59.08 Textile fabrics impregnated or Manufacture from yarn coated with preparations of cellu­ lose derivatives or of other arti­ ficial plastic materials

59.09 Textile fabrics coated or impreg­ Manufacture from yarn nated with oil or preparations with a basis or drying oil

62 Official Journal of the European Communities

List A ( continued)

Products obtained Working or processing which Working or processing which confers the character of does not confer the character CCT of 'originating products' "originating products' where heading ¡Description the following condtions are satisfied No

59.10 Linoleum and materials prepared Manufacture from yarn on a textile base in a similar manner to linoleum , whether or not cut to shape or of a kind used as floor coverings ; floor coverings consisting « of a coating applied on a textile base, cut to shape or not

59.11 Rubberized textile fabrics, other Manufacture from yarn than rubberized knitted or crocheted goods

59.12 Textile fabrics otherwise impreg­ Manufacture from yam nated or coated ; painted canvas being theatrical scenery, studio back cloths or the like

59.13 Elastic fabrics and trimmings (other Manufacture from single yarn than knitted or crocheted goods) consisting of textile materials com­ bined with rubber threads

59.15 Textile, hosepiping and similar Manufacture from single yarn tubing, with or without lining, ar­ mour or accessories of other mate­ rials

59.16 Transmission, conveyor or elevator Manufacture from single yarn belts or belting, of textile material , whether or not strengthened with metal or other material

59.17 Textile fabrics and textile articles, Manufacture from materials of of a kind commonly used in ma­ heading Nos 50.01 to 50.03 in­ chinery or plant clusive, 51.01 , 53.01 to 53.05 in­ clusive, 54.01 , 55.01 to 55.04 in­ clusive, 56.01 to 56.03 inclusive and 57.01 to 57.04 inclusive

Chapter 60 Knitted and crocheted goods :

— Man-made textile fibres conti­ Manufacture from materials of nuous or discontinuous heading Nos 56.01 to 56.03 in­ clusive, from chemical products or textile pulp

— Other Manufacture from carded or com­ bed natural fibres

61.01 Men's and boys' outer garments Manufacture from yam or un­ bleached textile fabrics

61.02 Women's, girls' and infants' outer Manufacture from yarn or un­ garments bleached textile fabrics

61.03 Men's and boys' under garments, Manufacture from yarn of un­ including collars, shirt fronts and bleached textile fabrics cuffs

61.04 Women's, girls' and infants' under Manufacture from yarn or un­ garments bleached textile fabrics

61.05 Handkerchiefs Manufacture from yarn

61.06 Shawls, scarves, mufflers, mantillas, Manufacture from yarn veils and the like

61.07 Ties, bow ties and cravats Manufacture from yarn

Official Journal of the European Communities 63

List A (continued)

Products obtained Working or processing which Working or processing which does not confer the character confers the character of ccr of 'originating products' 'originating products' where heading Description the following condtions are satisfied No

61.08 Collars, tuckers, fallals, bodice­ Manufacture from yarn fronts, jabots, cuffs, flounces, yokes and similar accessories and trim­ mings for women's and girls' gar­ ments

61.09 Corsets, corset-belts, suspender­ Manufacture from yarn belts, brassières, braces, suspenders, garters and the like (including such articles of knitted or crocheted fa­ brics), whether or not elastic

61.10 Gloves, mittens, mitts, stockings, Manufacture from yarn socks and sockettes, not being knit­ ted or crocheted goods

61.11 Made up accessories for articles of Manufacture from yarn apparel (for example, dress shields, shoulder and other pads, belts, muffs, sleeve protectors, pockets)

ex 62.01 Travelling rugs and blankets other Manufacture from unbleached yarn than electrically heated v of Chapters 50 to 56 inclusive

62.02 Bed linen, table toilet linen and Manufacture from single unbleached kitchen linen ; curtains and other yarn furnishing articles

62.03 Sacks and bags, of a kind used for Manufacture from yarn the packing of goods

62.04 Tarpaulins, sails, awnings, sun­ Manufacture from single unbleach­ blinds, tents and camping goods ed yarn

62.05 Other made up textile articles (in­ Manufacture in which the value of cluding dress patterns) the products used does not exceed 40 % of the value of the finished product

64.01 Footwear with outer soles and Manufacture from assemblies (e.g. uppers of rubber or artificial plastic uppers affixed to inner soles or to material . other bottom parts and without outer soles) of any material except metal

ex 64.02 Footwear with leather uppers Manufacture from assemblies (e.g. uppers affixed to inner soles or to other bottom parts and without ou­ ter soles), of any material except metal

ex 64.02 Footwear other than with leather Manufacture from assemblies (e.g. uppers uppers affixed to inner soles or to other bottom parts and without outer soles), of any material except metal

64.03 Footwear with outer soles of wood Manufacture from assemblies (e.g. or cork uppers affixed to inner soles or to other bottom parts and without outer soles), of any material except metal

64.04 Footwear with outer soles of other Manufacture from assemblies (e.g. materials uppers affixed to inner soles or to other bottom parts and without outer soles), of any material except metal .

64 Official Journal of {.he European Communities

List A (continued)

Products obtained Working or processing which Working or processing which confer*the character of does not confer the character OCT of 'originating productsproducts' *originating products* where heading Description the following conditions arc No

65.03 Felt hats and other felt headgear, Manufacture from fibres being headgear made from the felt hoods and plateaux falling within heading No 65.01 , whether or not lined or trimmed

65.05 Hats and other headgear (including Manufacture from yam hair nets), knitted or crocheted, or made up from lace, felt or other textile fabric in the piece (but not from strips), whether or not lined ex trimmed

66.01 Umbrellas and sunshades (including Manufacture in which the value of walking-stick umbrellas, umbrella the product used! does not exceed tents, and garden and similar um­ 53 % of the value of the finished brellas) product

ex 70.07 Cast or rolled glass (including flash­ Manufacture from drawn, east. or ed or wired glass) cut to shape otter rolled glass of heading Nos "MM than rectangular shape, or bent or to 70.06 inclusive otherwise worked (for example, edge worked or engraved), whether or not surface ground or polished ; multiple walled insulating glass

70.08 Safety glass consisting of toughened Manufacture from drawn, cast er laminated glass, shaped or not rolled glass of heading Nos 70.04 to 70.06 inclusive

70.09 Glass mirrors (including rear-view Manufacture from drawn, cast en­ mirrors), unframed , framed or rolled glass of heading Nos 70J04 to backed 70.06 inclusive

71.15 Articles consisting of or incorporat­ Manufacture m which the value of ing, pearls, precious or semi-pre­ the products used does not exceed cious stones (natural, synthetic or 50 % of the value of the finished reconstructed) product

73.12 Hoop and strip, of iron or steel, Cutting without rolling of iron or hot-rolled or cold-rolled steel coils of heading No 73.08

73.13 Sheets and plates, of iron ox steel, Cutting without rolling of iron or hot-rolled or cold-rolled steel coils of heading No 73.08

. 74.03 Wrought bars, rods, angles, shapes Manufacture in which the value of and sections, of copper ; copper the products used does not exceed wire 50 % of the value of the finished product

74.04 Wrought plates, sheets and strip, off Manufacture in which the value of copper the products used does not exceed 50 % of the value of the finished product

74.05 Copper foil (whether or not embos­ Manufacture in which the value of sed, cut to shape, perforated, coated, the products used! does not exceed printed, or backed with paper or 50 % of the value of the finished other reinforcing material), of a product thickness (excluding any backing) not exceeding 0.15 mm

74.06 Copper powders and flakes Manufacture in which the value of the products used does not exceed 50 % of the value of the finished product

Official Journal of the European Communities 65

List A (continued)

Products obtained Working or processing which Working or processing which confers the character of does not confer the character CCT 'originating products' where of 'originating products' heading Description the following condtions are satisfied No

74.07 Tubes and pipes and blanks therefor, Manufacture in which the value of of copper ; hollow bars of copper the products used does not exceed 50 % of the value of the finished product

74.10 Stranded wire, cables, cordage, Manufacture in which the value of ropes, plaited bands and the like, of the products used does not exceed copper wire, but excluding insulat­ 50 % of the value of the finished ing electric wires and cables product

75.02 Wrought bars, rods, angles, shapes, Manufacture in which the value of and sections, of nickel : nickel wire the products used does not exceed 50 % of the value of the finished product

75.03 Wrought plates , sheets and strip, of Manufacture in which the value of nickel ; nickle foil ; nickel powders the products used does not exceed and flakes 50 % of the value of the finished product

75.04 Tubes and pipes and blanks there­ Manufacture in which the value of for, of nickel ; hollow bars, and tube the products used does not exceed and pipe fittings (for example, 50 % of the value of the finished jipints, elbows, sockets and flanges), product of nickel

75.05 Electro-plating anodes, of nickel , Manufacture in which the value of wrought or unwrought, including the products used does not exceed those produced by electrolysis 50 % of the value of the finished product

76.02 Wrought bars, rods, angles, shapes Manufacture in which the value of and sections, of aluminium ; alum* the products used does not exceed nium wire 50 % of the value of the finished product

76.03 Wrought plates, sheets and strip, of Manufacture in which the value of aluminium the products used does not exceed 50 % of the value of the finished product

76.04 Aluminium foil (whether or not Manufacture in which the value of embossed , cut to shape, perforated, the products used does not exceed coated , printed, or backed with 50 % of the value of the finished paper or other reinforcing material), product of a thickness (excluding any back­ ing) not exceeding 0.20 mm

76.05 Aluminium powders and flakes Manufacture in which the value of the products used does not exceed 50 % of the value of the finished product

76.06 Tubes and pipes and blanks there­ Manufacture in which the value of for, of aluminium ; hollow bars of the products used does not exceed aluminium 50 % of the value of the finished product 76.08 Structures, complete or incomplete, Manufacture in which the value of whether or not assembled , and parts the products used does not exceed of structures, (for example , hangars, 50 % of the value of the finished and other buildings, bridges and products bridgesections, towers, lattice masts, roofs , roofing frameworks , door and window frames ; balustrades, pillars and columns), of aluminium ; plates, rods, angles , shapes, sections, tubes and the like, prepared for use ^ ,ii^.u^es^alumuii^r,

66 Official Journal of the European Communities

List A (continued)

Products obtained Working or processing which Working or processing which does not confer the character confers the character of CCT 'originating products* where of 'originating products' heading Description the following condtions are satisfied No

76.12 Stranded wire, cables, cordage, Manufacture in which the value of ropes, plaited bands and the like, the products used does not exceed of aluminium wire, but excluding 50 % of the value of the finished insulated electric wires and cables product

76.13 Gauze, cloth , grill , netting, rein­ Manufacture in which the value of forcing fabric and similar materials, the products used does not exceed of aluminium wire 50 % of the value of the finished product

78.02 Wrought bars, rods, angles, shapes Manufacture in which the value of and sections, of lead ; lead wire the products used does not exceed 50 % of the value of the finished product

78.03 Wrought plates, sheets and strip, of Manufacture in which the value of lead the products used does not exceed 50 % of the value of the finished product

78.04 Lead foil (whether or not embossed, Manufacture in which the valu3 of cut to shape, perforated, coated, the products used does not exceed printed , or backed with paper or 50 % of the value of the finished other reinforcing material), of a product weight (excluding any backing) not exceeding 1700 kg per sq m ; lead powders and flakes

78.05 Tubes and pipes and blanks there­ Manufacture in which the value of for, of lead ; hollow bars, and tube the products used does not exceed and pipe fittings (for example, 50 % of ths value of the finished joints, elbows, sockets, flanges and product S-bends), of lead

78.06 Other articles of lead Manufacture in which the value of the products used does not exceed 50 % of the value of the finished product

79.02 Wrought bars, rods, angles, shapes Manufacture in which the value of and sections, of zinc ; zinc wire the products used does not exceed 50 % of the value of the finished product

79.03 Wrought plates, sheets and strip, of Manufacture in which the value of zinc ; zinc foil ; zinc powders and the products usid does not exceed flakes 50 % of the value of the finished product

79.04 Tubes and pipes and blanks there­ Manufacture in which the value of for, of zinc ; hollow bars, and tube the products used does not exceed and pipe fittings (for example, joints, 50 % of the value of the finished elbows, sockets and flanges), of zinc product

79.05 Gutters, roof capping, skylight Manufacture in which the value of frames, and other fabricated build­ the products used does not exceed ing components, of zinc 50 % of the value of the finished product

79.06 Other articles of zinc Manufacture in which the value of the products used does not exceed 50% of the value of the finished product

Official Journal of the European Communities 67

List A (continued)

Products obtained Working or processing which Working or processing which confers the character of does not confer the character CCT of 'originating products' 'originating products' where heading Description the following condtions are satisfied No

80.02 Wrought bars, rods, angles, shapes Manufacture in which the value of and sections, of tin ; tin wire the products used does not exceed 50 % of the value of the finished product

80.03 Wrought plates, sheets and strip, of Manufacture in which the value of tin the products used does not exceed 50 % of the value of the finished product

80.04 Tin foil (whether or not embossed, Manufacture in which the value of cut to shape, perforated, coated, the products used does nDt exceed printed, or backed with paper or 10 % of the value of the finished other reinforcing material), of a product weight (excluding any backing) not exceeding 1 kg per sq m ; tin powders and flakes

80.05 Tubes and pipes and blanks there­ Manufacture in which the value of for, of tin ; hollow bars, and tube the products used does not exceed and pipe fittings (for example, 50 % of the value of the finished joints, elbows, sockets and flanges), product of tin

82.05 Interchangeable tools for machine Assembly in which the value of the tools or for hand tools, including materials and parts used does not poweroperated hand tools (for exceed 40 % of the value of the example, for pressing, stamping, finished product drilling, tapping, threading, boring, broaching, milling, cutting, turning, dressing, morticing or screw driving), including dies for wire drawing, extrusion dies for metal, and rock drilling bits

82.06 Knives and cutting blades, for ma­ Assembly in which the value of the chines or for mechanical appliances materials and parts used does not exceed 40 % of the finished product

ex Chap­ Boilers, machinery and mechanical Assembly in which the value of the ter 84 appliances and parts thereof, ex­ materials and parts used does not cluding products of heading No exceed 40 % of the finished pro­ 84.15 and sewing machines (ex duct 84.41)

84.15 Refrigerators and refrigerating Assembly in which the value of the equipment (electrical and other) 'not-originating' materials and parts used does not exceed 40 % of the value of the finished product, and provided that at least 50 % in value of the materials and parts used are 'originating products'

ex 84.41 Sewing machines (for fabrics, Assembly in which the value of the leather, footwear, etc) 'non-originating' materials and parts used does not exceed 40 % of the value of the finished product, and provided that :

(a) at least 50 % in value of the materials and parts ( 1 ) u>ed for the assembly of the head (mo­ tor excluded) are 'originating products', and

(b) the thread tension, crochet and zigzag mechanisms are 'origi­ nating products'

68 Official Journal of the European Communities

List A ( continued)

Products obtained Working or processing which Working or processing which does not confer the character confers the character of CCT of 'originating products' 'originating products' where heading Description the following condtions are satisfied No

ex Chap­ Electrical machines and equipment Assembly in which the value of the ter 85 and parts thereof, excluding pro­ material and parts used does not ducts of heading Nos 85.14 and exceed 40 % of the value of the 85.15 finished product

85.14 Microphones and stands therefor ; Assembly in which the value of the loudspeakers ; audio-frequency 'non-originating' material and parts electric amplifiers used does not exceed 40 % of the value of the finished product, and provided that :

(a) at least 50 % in value of the materials and parts (') used are 'originating products' and

(b) all the transistors are 'origi­ nating products'

85J 5 Radiotelegraphic and radiotele­ Assembly in which the value of the phonic transmission and reception 'non-originating' materials and parts apparatus ; radiobroadcasting and used does not exceed 40 % of the television transmission and recep­ value of the finished product, and tion apparatus (including those in­ provided that : corporating gramophones) and tele­ vision cameras ; radio navigational (a) at least 50 % in value of the aid apparatus, radar apparatus and materials and parts (x) used are radio remote control apparatus 'originating products', and

(b) all the transistors are 'origi­ nating products'

Chapter 86 Railway and tramway locomotives, Assembly in which the value of the rolling-stock and parts thereof ; materials and parts used does not railway and tramway track fixtures exceed 40 % of the value of the and fittings ; traffic signalling equip­ finished product ment of all kinds (not electrically powered)

ex Chap­ Vehicles, other than railway or Assembly in which the value of the ter 87 tramway rolling-stock, and parts materials and parts used does not thereof, excluding products of head-, exceed 40 % of the value of the ing No 87.09 finished product

87.09 Motor-cycles , auto-cycles and cycles Assembly in which the value of fitted with an auxiliary motor, with the 'non-originating' materials and or without side-cars ; sidecars of all parts used does not exceed 40 % of kinds the value of the finished product, and provided that at least 50 % in value of the materials and parts (1) used are 'originating products'

ex Chap­ Optical , photographic, cinemato­ Assembly in which the value of the ter 90 graphic, measuring, checking, pre­ materials and parts used does not cision , medical and surgical instru­ exceed 40 % of the finished product ments and apparatus and parts thereof, except products of head­ ing Nos 90.05 , 90.07, 90.08 , 90, 12 and 90.26

(1 ) In determining the value of materials and parts, the following must be taken into account : — in respect of 'originating' materials and parts , the first verifiable price paid, or the price which would be paid in case of sale, for those products in the territory of the country where working, processing or assembly is carried out ; — in respect of other materials and parts, the provisions of Article 4- of this Decision determining : — the value of imported products ; — the value of products of unknown origin.

Official Journal of the European Communities 69

List A (continued)

Products obtained Woiting or processing which Working or processing which confers the character of does not confer the character OCT of 'originating products* 'originatingproducts' where heading Description the following condtions are satisfied No

90.05 Refracting telescopes (monocular Assembly in which the value of the and binocular), prismatic or not 'non-originating* materials and parts used does not exceed 40 % of the finished product, and provided that at least 50 % in value of the materials and parts (·) used are 'originating products'

90.07 Photographic cameras ; photo­ Assembly in which the value of the graphic flashlight apparatus 'non-originating' materials and parts used does not exceed 40 % of the finished product, and provided that at least 50 % in value of the materi­ als and parts (*) used are 'origi­ nating products'

90.08 Cinematographic cameras, projec­ Assembly in which the value of the tors, sound recorders and sound re­ 'non-originating' materials and parts producers ; any combination oí used does not exceed 40 % of the these articles value of the finished product, and provided that at least 50 % in value of the materials and parts C1) used are 'originating products'

90.12 Compound optical, microscopes, Assembly in which the value of the whether or not provided with means 'non-originating' materials and parts for photographing or projecting the used does not exceed 40 % of the imagp value of the finished product, and provided that at least 50 % in value of the materials and parts (x) used are 'originating products'

90.26 Gas, liquid and electricity supply or Assembly in which the value of the production meters ; calibrating 'non-originating' materials and parts meters therefor used does not exceed 40 % of the value of the finished product, and provided that at least 50 % in value of the materials and parts O used are 'originating products'

ex Chap­ docks and watches and parts Assembly in which the value of the ter 91 thereof, excluding products of head­ materials and parts used does not ing Nos 91.04 and 91.08 exceed 43 % of the value of the finished product

91.04 Other docks Assembly in which the value of the 'non-originating' materials and parts used does not exceed 40 % of the value of the finished product, and provided that at least 50 % in value of the materials and parts (*) used are 'originating products'

91.08 Clock movements, assembled Assembly in which the value of the 'non-originating' materials and parts used does not exceed 40 % of the value of the finished product, and provided that at least 50 % in value of the materials and parts (1) used are 'originating products'

1) In determining the value of materials and puts, the following. must be taken into account : — in respect of 'originating* materials and parts, the first verifiable price paid, or the price which would be paid in case of sale, for those products in the territory of Ac country where working, processing or assembly is carried out; — in respect of other materials and parts, the provisions of Article 4 of this Decision determining : — the vane of imported products ; — the value of products of unknown origin

70 Official Journal of the European Communities

List A (continued)

Products obtained Working or processing which Working or processing which confers the character of does not confer the character CCT 'originating products' where of 'originating products' heading Description the following condtions are satisfied No

ex Chap­ Musical instruments ; sound recor­ Working, processing or assembly in ter 92 ders and reproducers ; television which the value of the materials and image and sound recorders and re­ parts used does not exceed 43 % of producers, magnetic ; parts and ac­ the value of the finished product cessories of such articles ; excluding products of heading No 92.11

92.11 Gramophones, dictating machines Working, processing or assembly and other sound recorders and re­ in which the value of the 'non-origi­ producers, including record-players nating' materials and parts used and tape decks, with or without does not exceed 49 % of the value sound-heads ; television image and of the finished product,, and pro­ sound recorders and reproducers, vided that : magnetic : (a)"" at least 50 % of the materials and parts used are 'originating products', and

(b) all the transistors are origi­ nating products'

(b) all the transistors are 'origi­ nating products'

ex 93.07 Lead shot Manufacture in which the value of the products used does not exceed 50 % of the value of the finished product

96.02 Other brooms and brushes (in­ Manufacture in which the value of cluding brushes of a kind used as the products used does not exceed parts of machines); paint rollers ; 50 % of the value of the finished squeegees (other than roller squee­ product gees) and mops

97.03 Other toys ; working models of a Manufacture in which the value of kind used for recreational purposes the products" used does not exceed 50 % of the value of the finished product

98.01 Buttons and button moulds, studs, Manufacture in which the value of cuff-links, and press-fasteners, in­ the products used does not exceed cluding snap-fasteners and press­ 50 % of the value of the finished studs ; blanks and parts of such product articles

98.08 Typewriter and similar ribbons, Manufacture in which the value of whether or not on spools ; ink-pads, the products used does not exceed with or without boxes 50 % of the value of the finished product

ex 98.15 Vacuum flasks and other vacuum Manufacture from products of vessels, complete with cases heading No 70.12

Official Journal of the European Communities 71

ANNEX III

LIST B

List of working or processing operations which do not result in a change of tariff heading but which do confer the character of 'originating product' on the products which undergo them

Finished products Working or processing that confers the status of OCT 'originating products* heading Description No

Incorporation of 'non-originating' materials and parts in machinery, mechanical appliances, etc of Chapters 84 to 92 does not make such products loss their status of 'originating products', provided that the value of the materials and parts used does not exceed 50 % of the value of the finished product

ex 15.10 Fatty alcohols Manufacture from fatty acids

ex 21.03 Prepared mustard Manufacture from mustard flour

ex 22.09 Whisky of an alcoholic strength of less than 50 Manufacture from alcohol derived from the distillation of cereals and in which 'non-originating' products do not exceed 15 % of the value of the finished product

ex 25.09 Earth colours, calcined or powdered Crushing and calcination or powdering of earth colours

ex 25.15 Marble not further worked than squared by sawing, of a Sawing into slabs or sections, by polishing, grinding and thickness of 25 cm or less cleaning of marble, of a thickness greater than 25 cm, including marble not further worked than roughly split, roughly squared, or squared by sawing

ex 25.16 Granite, porphyry, basalt, sandstone and other monu­ Sawing of granite, porphyry, basalt, sandstone and mental and building stone, of a thickness of 25 cm or other monumental and building stone, of a thickness less, including such stone not further worked than greater than 25 cm , including such stone not further roughly split, roughly squared or squared by sawing worked than roughly split, roughly squared or squared by sawing

ex 25.18 Calcined dolomite, agglomerated dolomite (including Calcinated or unworked dolomite tarred dolomite)

ex 33.01 Essential oils other than of citrus fruit, terpeneless Deterpenation of essential oils other than of citrus fruit

ex 38.05 Refined tall oil Refining of crude tall oil

ex 38.07 Punned sulphate turpentine Purification involving distillation and refinement of crude sulphate of turpentine

ex 40.01 Plates of crepe rubber for soles Lamination of crepe sheets of natural rubber

ex 40.07 Rubber thread and cord, textile-covered Manufacture from rubber thread or cord

ex 41.01 Sheep and lamb skins without the wool Removing wool from sheep and lamb skins

ex 41.03 Retanned skin leather of crossed Indian sheep Retanning of crossed Indian sheep skin leather not further prepared than tanned

ex 41.04 Retanned Indian goat or kid skin leather Retanning of Indian goat or kid skin leather not further prepared than tanned

72 Official Journal of the European Communities

List B (continued)

Finished products Working or processing that confers the status of CCT 'originating products' ¡heading Description No

ex 50.09' Printing accompanied by finishing operations (bleach­ ex 50.10 ing, dressing, drying, steaming, burling, mending, im­ ex 51.04 pregnating, sanforizing, mercerizing) of fabrics the ex 53.Î1 value of which does not exceed 47-5 % of the value of ex 53.12 the finished product ex 53.13 • Printed fabrics ex 54.05 ex 55.07 ex 55.08 ex 55.09 ex 56.07

ex 68.03 Articles of slate, including articles of agglomerated slate Manufacture of articles of slate

ex 68.13 Articles of asbestos ; articles of mixtures with a basis of Manufacture of articles of asbestos or of mixtures with asbestos or of mixtures with a basis of asbestos and a basis of asbsstos, or of mixtures with a basis of magnesium carbonate asbestos and magnesium carbonate

ex 68.15 Articles of mica, including bonded mica splittings on a Manufacture of articles of mica support of paper or fabric

ex 70.10 Cut glass bottles Cutting of bottles the value of which does not exceed 50 % of the value of the finished product

ex 70.13 Cut glassware (other than articles falling within heading Cutting of glassware the value of which does not exceed No 70.19) of a kind commonly used for table, kitchen, 50 % of the value of the finished product toilet or office purposes, for indoor decoration, or for similar uses

ex 70.20 Articles made from glass fibre Manufacture from unworked glass fibre

ex 71.02 Precious and semi-precious stones, cut or otherwise Manufacture from unworked precious or semi-precious worked, but not mounted, set or strung (except un­ stones graded stones temporarily strung for convenience of transport)

ex 71.03 Synthetic or reconstructed precious or semi-precious Manufacture from unworked synthetic or reconstructed stones, cut or otherwise worked, but not mounted, set or precious or semi-precious stones strung (except ungraded stones temporarily strung for convenience of transport)

ex 71.05 Silver, including silver gilt and platinum-plated silver, Rolling, drawing, beating or grinding of unwrought semi-manufactured silver and silver alloys

ex 71.06 Rolled silver, semi-manufactured Rolling, drawing, beating or grinding of unworked rolled silver

9 ex 71.07 Gold, including platinum-plated gold, semi-manu­ Rolling, drawing, beating or grinding of unwrought factured gold , including platinum-plated gold

ex 71.08 Rolled gold on base metal or silver, semi-manufactured Rolling, drawing, beating or grinding of unworked rolled gold on base metal or silver

ex 71.09 Platinum and other metals of the platinum group, semi­ Rolling, drawing, beating or grinding of unwrought manufactured platinum and other metals of the platinum group

ex 71.10 Rolled platinum or other platinum group metals, on Rolling, drawing, beating or grinding of unworked base metal or precious metal , semi-manufactured rolled platinum or other platinum group metals on base metal or precious metal

73.15 'Alloy steel and high carbon steel in the forms men­ 'Manufacture from alloy steel and high carbon steel tioned in heading Nos 73.06 to 73.14' in the forms mentioned ¿ra heading Nos 73.06 to 73.14 involving the transformation from one of the under­ mentioned categories to another : 1 . Ingots, blooms, billets, slabs and sheet bars 2. Roughly forged pieces 3 . Coils for re-rolling ; universal plates

Official Journal of the European Communities 73

List B (continued)

Finished products Working or processing that confers the status of ær 'originatingproducts* heading Description No

- 4. Bars and rods (including wire rod and hollow minig drill steel) and angles, shapes and sections 5. Hoop and strip 6. Sheets and plates 7. Wire, whether or not coated, but not insulated

ex 74.01 Unrefined còpper (blister copper and other) Smelting of copper matte

ex 74.01 Refind copper Fine-refining or electrolytic refining of unrefined copper (blister copper and other), copper waste or scrap

ex 74.01 Copper alloy Fusion and thermal treatment of refined copper, copper waste or scrap

ex 75.01 Unwrought nickel (excluding electro-plating anodes Réfinding by electrolysis, by fusion or chemically, of falling within heading No 75.05) nickel mattes, nickel speiss and other intermediate products of nickel metallurgy

ex 77.04 Beryllium, wrought, and articles of beryllium Rolling, drawing or grinding of unwrought beryllium

ex 81.01 Tungsten, wrought, and articles thereof Manufacture from unwrought tungsten

ex 81.02 Molybdenum, wrought, and articles thereof Manufacture from unwrought molybdenum

ex 81.03 Tantalum, wrought, and articles thereof Manufacture from unwrought tantalum

ex 81.04 Other base metals, wrought and articles thereof Manufacture from other base metais, unwrought

ex 84.06 Internal combustion piston engines Working, processing or assembly in which the value of of the materials and parts used does not exceed 40 % of the value of the finished product

ex 84.08 Other engines and motors, excluding jet engines and Working, processing or assembly in which the value of gas turbines of the 'non-originating' materials and parts used does not exceed 40 % of the value of the finished product, and if at least 50 % in value of the materials and parts C) used are 'originating products'

ex 84.41 Sewing machines (for fabrics, leather, footwear, etc) Working, processing or assembly in which the value of the 'non-originating* materials and parts used does not exceed 40 % of the value of the finished product, and provided that :

(a) at least 50% in value of the materials and parts (*) used for assembly of the head (motor excluded) are 'originating products' and (b) the thread tension, crochet and zigzag mechanisms are 'originating products*

ex 95.01 Articles of tortoise-shell Manufacture from worked tortoise-shell

95.02 Articles of mother of pearl Manufacture from worked mother of pearl

ex 95.03 Articles of ivory Manufacture from worked ivory

ex 95.04 Articles of bone Manufacture from worked bone

ex 95.05 Articles of horn, coral (natural or agglomerated) or of Manufacture from worked horn, coral (natural or agglo­ other animal carving material merated) or other animal carving material

ex 95.06 Articles of vegetable carving material (for example, Manufacture from worked vegetable carving material corozo, walnut, hard-grained woods, etc) (for example, corozo, walnut, hard-grained woods, etc)

(') In determining the value of materials and parts, the following must be taken into account : — in respect of 'originating' materials and parts, the firet verifiable price paid, or the price which would be paid in case of sale, for those products in the territory of the country where working, processing or assembly is carried out; — in respect of other materials and parts, Article 4 of this Decision determining: — the value of imported products, — the value of products of unknown origin.

74 Official Journal of the European Communities

List B (continued)

Finished products Working or processing that confers the status of 'originating products' CCT heading Description No

ex 95.07 Articles of jet (and mineral substitutes for jet), amber, Manufacture from worked jet (and mineral substitutes meerschaum , agglomerated amber and agglomerated for jet), amber, meerschaum, agglomerated amber and meerschaum and articles of these substances agglomerated meerschaum

ex 98.11 Smoking pipes, pipe bowls Manufacture from roughly shaped blocks of wood or root

Official Journal of the European Communities 75

ANNEX IV

LIST C

List of products temporarily excluded from the scope of this Regulation

ccr heading Description No

ex 27.07 Aromatic oils as defined in Note 2 to Chapter 27, of which more than 65 % by volume distils at a temperature of up to 250° C (including mixtures of petroleum spirit and benzol), intended for use as power or heating fuels

27.09 1 to }■ Mineral oils and products of their distillation ; bituminous substances ; mineral waxes 27.16 J

ex 29.01 Hydrocarbons : — Acyclic — Cyclanes and cyclenes, excluding azulenes — Benzene, toluene, xylenes intended for use as power or heating fuels

ex 34.03 Lubricating preparations containing petroleum oils or oils obtained from bituminous minerals, but not including preparations containing 70 % or more by weight of petroleum oils or of oils obtained from bituminous minerals

ex 34.04 Waxes with a basis of paraffin wax, of petroleum waxes, of waxes obtained from bituminous minerals, of slack wax or of scale wax

ex 38.14 Prepared additives for lubricants

ex 38.19 Mixed alkylenes

YAOUNDE CONVENTION OF ASSOCIATION A.Y.1

Certificat de Circulation des Marchandises Warenverkehrsbescheinigung

Certificato per la Circolazione delle Merci Certificaat inzake Goederenverkeer A oooooo Movement Certificate

DECLARATION BY THE EXPORTER

I, the undersigned, (Surname and forename or name of firm and full address of exporter)

exporter of the goods described below :

« PACKAGES (') Gross weight ε c ( kg) or other o E Marks and DESCRIPTION OF GOODS £¡ 3 Number measure Z numbers and kind ( hi, m 3, etc. ) 1 2 3 4 5

•

—

Total number of packages (col 3) ( in words) and total quantities (col 5)

Remarks :

declare that these goods situated in CUSTOMS STAMP

Declaration certified in accordance with supporting documents shown satisfy the conditions required for the issue of this certificate (2). and with result of verification .

Member country of destination : Export document :

Type No

Dated At Customs office

Date (Signature of exporter) Official (Optional information ) Stamp

Date of dispatch No ( Signature of customs officer)

(') For goods in bulk* indicate the name of the ship or the number of the railway wagon or road vehicle. (*) See the notes overleaf.

REQUEST FOR VERIFICATION v RESULT OF VERIFICATION The undersigned customs officer requests that the authenticity of this The verification carried out by the undersigned customs officer has certificate and the accuracy of the information contained therein be shown that this certificate : verified 1 , was duly issued by the customs office named and that the infor­ mation contained therein is correct ('); 2, does not satisfy the requirements as to authenticity and accuracy (see remarks annexed hereto) C )

At .! on At on ...

Official Official Stamp Stamp ,

( Signature of customs officer) ( Signature of customs ofTiccr ) ( 1 ) Delete as necessary

. GOODS IN RESPECT OF WHICH A MOVEMENT CERTIFICATE A.Y.I MAY BE ENDORSED

A MOVEMENT CERTIFICATE A.Y.I may only be endorsed in respect of goods which , Category 3 in the exporting Member country*, fall within one of the following categories : Goods obtained or produced within the exporting country and in the manufacture of which were used products other than those falling within categories 1 or 2. on condition that these Category 1 products (hereinafter called ' third country products') have been subject to forms of working or processing; Goods wholly obtained or produced in the exporting Member country . (a) which result in the classification of the goods obtained under a tarilT heading number ** The following shall be considered as being obtained or produced in the exporting other than that relating to each of the third country products used, unless the working Member country ; or processing carried out is mentioned in List A annexed to the Decision of the Council (a) mineral products extracted from the ground thereof; of Association on the definition of the concept of 'originating products' and on methods (b) vegetable products harvested therein ; of administrative cooperation ; or (c) live animals born and raised therein ; (b) which, although mentioned in List A referred to under (a), satisfy the special conditions (d) products derived from live animals raised therein ; laid down with respect to them in List A ; or (e) products of hunting and fishing carried on therein ; (c) which do not result in the classification of the goods obtained under a tarilT heading (0 marine products obtained from the sea by its ships; number other than that relating to the third country products used, but which appear in (g) waste and scrap products derived from manufacturing operations and used List B annexed to the Decision of the Council of Association on the definition of the articles, if they were collected therein and are only fit for the recovery of raw concept of 'originating products' and on methods of administrative cooperation. materials ; (h) goods obtained exclusively from the animals or products referred to in sub­ paragraphs (a) to (g) or from their derivatives. Category 4 Category 2 Goods originally imported by a Member country which on exportation belong to one of the Goods obtained or produced within the exporting Member country and manufactured en­ categories I , 2 or 3 and which are re-exported in the unaltered state to another Member tirely from products originally imported from another member country and which on export­ country . ation satisfied the conditions for the issue of an A.Y.I certificate or, where appropriate, from a combination of such products and category 1 products. This rule shall however not apply as regards the Member States of the EEC to goods im­ ported from an Associated State and re-exported to another Associated State, except where Note : Where goods are obtained in a Member State of the EEC from a product originating the Associated State in which the goods originate is eligible in the Associated State of desti­ in an Associated State other than that to which such goods are exported, the provi­ nation for the same treatment as the Member States of the EEC . sions relating to category "3 must be applied except where the Associated State in which the products originate is eligible, in the Associated State of destination, for the Note : When applying this rule, the Member country of origin which should be shown in the same treatment as the Member States of the EEC . movement certificate is the one from which the goods were originally imported. II . FIELD OF APPLICATION OF THE MOVEMENT CERTIFICATE A.Y.I The movement certificate A.Y.I may only be used if the goods to which it refers are trans­ ties to the Association for loading or after unloading at the ports of Durban. Cape ported directly from the exporting Member country into the importing Member country . Town, Port Elizabeth. Beira. Algiers, Annaba. Oran. Lobito. Las Palmas. Bathurst and other ports of Gambia, Tema, Takoradi, Accra, Bata, Conakry , Mombasa, Benghazi, The following shall be considered as transported directly from the exporting Member coun­ Tripoli, Burutu, Wari, Calabar, Lagos. Apapa. Port Harcourt. Port Sudan or Dar-es­ try into the importing Member country : Salaam . (a) goods transported without passing through the territory of a country not party to the Nevertheless the following shall not be considered as an interruption of direct transport : Convention or without transhipment in any such country ; - calling at ports situated in the territory of countries which are not parties to the Conven­ (b) goods transported through the territory of one or more countries which are not parties tion ; to the Convention or with transhipment in such countries provided that carriage through such countries is covered by a single transport document made out in a Mem­ - transhipment in such ports, attributable toforce majeure or events at sea. ber country . When passing through the territory of the countries referred to above, the special conditions (c) goods which, without being covered by a single transport document made out in a which apply to the goods during their stay and transit within these countries must be ob­ Member country , pass through the territory of one or more countries which are not par­ served. II . RULES TO BE OBSERVED WHEN MAKING OUT THE MOVEMENT CERTIFICATE A.Y.I

I. The movement certificate A.Y.I shall be made out in one of the languages in which the ber. A horizontal line must be drawn immediately after the last entry . Unused spaces must Convention is drawn up and shall comply with the internal laws of the exporting country . be crossed through so as to make any later addition impossible. ■2. The movement certificate A.Y. 1 shall be typed or hand-written; if the latter, it shall be 4. The goods shall be described in accordance with commercial usage in sufficient detail to completed in ink in block letters. It must not contain any erasures or superimposed correc­ enable them to be identified. tion. Any alterations must be made by crossing out the incorrect information and by adding the required information as appropriate. Any such alteration shall be authenticated by the 5 . The exporter or the carrier may complete the part of the certificate reserved for the de­ person making it and countersigned by the customs authorities. claration by the exporter by a reference to the transport document . It is also recommended that the exporter or the carrier show on the transport document covering the dispatch of the 3 . Each article listed in the movement certificate A.Y.I must be preceded by an item num­ goods the serial number of the movement certificate A.Y. 1 . IV . SCOPE OF THE MOVEMENT CERTIFICATE A.Y.I When properly used, the movement certificate A.Y.I enables the provisions of the Conven­ The customs authorities of the importing Member country may . where they consider it ne­ tion to be applied, in the importing Member country , to goods described in the certificate. cessary . require any other documentary evidence and in particular transport documents under cover of which the goods were dispatched. V. TIME LIMIT FOR SUBMISSION OF THE MOVEMENT CERTIFICATE A.Y.I. The movement certificate A.Y.I must be produced at the customs office of the importing This period may however be extended to 10 months in the following cases : Member country where the goods are presented , within a period of five months from the date on which it was endorsed by the customs authorities of the exporting Member country. - where the goods must be sent via one of the ports listed in Note II (c): - where the goods must be sent via a port situated in the territory of an Associated State, as regards trade with landlocked Associated States. The Member countries are : (a) The Member States of the EEC : The Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Republic of Italy , the Grand Duchy of Luxembourg and the King dom of the Netherlands in Europe. (b) The Associated States are : The Republic of Burundi, the Federal Republic of Cameroon, the Central African Republic, the Republic of Chad, the Democratic Republic of the Con<?o. the Republic of the Congo, the Republic of Dahomey, the Gabonese Republic, the Republic of the Ivory Coast, the Malagasy Republic, the Republic of Mali, the Islamic Rcpublicof Mauritania, the Republic of Niger, the Republic of Rwanda, the Republic of Senegal, the Republic of Somalia, the Republic of Togo, the Republic of Upper Volta.' TurifThsadinn numbers chall be understood to mean those of the Brussels Nomenclature

ANNEX VI

YAOUNDÉ CONVENTION OF ASSOCIATION A Y 1

Certificat de Circulation des Marchandises Certificato per la Circolazione delle Merci

Warenverkehrsbescheinigung Certificaat inzake Goederenverkeer A 000000 Movement Certificate

DECLARATION BY THE EXPORTER

I, the undersigned, ( Surname and forename or name of firm and full address of exporter ) exporter of the goods described below :

PACKAGES (■) Gross weight ( kg) Marks and Number DESCRIPTION OF GOODS or other measure item Number numbers and kind ( hi , m \ etc )

1 2 3 4 5

Total number of packages (col 3 ) ( in words) and total quantities (col 5)

Remarks :

( see continuation of declaration by the exporter overleaf)

( Continuation of the declaration by the exporter on the front page of this form)

DECLARE that these goods were obtained or produced in and fall within category (') in Note 1 on the back of the movement certificate A.Y.I.

DECLARE. THAT the circumstances which confer on these goods the character of ' originating products' are as follows ( 2 ).

ATTACH the following supporting documents ( 3)

UNDERTAKE to submit, at the request of the appropriate authorities, any additional supporting evidence which they may require tor issue of this certificate, and to accept, where appropriate, any inspection of my accounts and any check on the processes of manufacture of the goods described above.

REQUEST the issue of a movement certificate A.Y.I in respect of these goods

At on

( Signature of exporter )

(') Indicate the category number, adding where appropriate the corresponding letter. ( 2 ) To be completed in the case of goods in the manufacture of which were used products imported from another member country or from a third country or products of unkknown origin . Indicate the products used, their tariff number, their country of origin, giving, where appropriate, details of the manufacturing processes conferring on them the origin of the manufacturing Member State, country of territory ( see List B or the special conditions prescribed in List A ), the goods obtained and their tariff number. If the goods obtained or produced may be treated as 'originating products' only where the value of the products used in obtaining or producing them docs not exceed a certain percentage of the value of the goods so obtained or produced , state : in respcct ol the products used ; the value for customs purposes it those products originate in a third country ; — the first verifiable price paid for those products on the territory of the member country where manufacture is carried out, in the case of products of unknown origin ; in respeclof the goods obtained or produced : the 'ex factory ' price, i.e. the price paid to the manufacturer in the undertaking where working or processing takes place . Where working or processing is carried out in two or more undertakings successively, the price to be taken into consideration is that paid to the last manufacturer. (') For example, movement certificates A.Y.I , import documents, invoices, etc. relating to the products used and , where appropriate, to goods imported from another member country and intended for re-export in the unaltered state.