31971R1289

118 Official Journal of the European Communities

27.6.71 Official Journal of the European Communities NoL 141 / 1

REGULATION (EEC) No 1289/71 OF THE COUNCIL

of 7 June 1971

on the application of Decision No 1/71 of the Council of Association provided for by the Agreement establishing an Association between the European Economic Community and the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas it is necessary, in accordance with Article 23 of that Agreement, 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 :

Having regard to the proposal from the Commission; Article 1 Whereas an Agreement establishing an Association be­ The Decision of the Council of Association No 1/71 of tween the European Economic Community and the 13 May 1971 annexed to this Regulation shall apply as United Republic of Tanzania, the Republic pf Uganda regards the concept of 'originating products' within the and the Republic of Kenya 1 was signed on 24 Sep­ meaning of Title I of the Agreement establishing an As­ tember 1969 and entered into force on 1 January 1971 ; sociation between the European Economic Community

and the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya, and as regards Whereas by virtue of Protocol No 4 annexed to that methods of administrative cooperation. Agreement the Council of Association adopted on 13 May 1971 Decision No 1/71 on the definition of the concept of 'originating products' for the purpose of im­ Article 2 plementing Title 1 of the Agreement and on the methods of administrative cooperation; This Regulation shall enter mto force on 1 July 1971 .

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. 55.

Official Journal of the European Communities 119

DECISION No 1/71

of the Association Council on the definition of the concept of 'originating products' for the purpose of implementing Title 1 of the Agreement and on the methods of administrative cooperation

THE ASSOCIATION COUNCIL, using a criterion based on change of tariff heading, but modified as appropriate; Having regard to the Agreement establishing an Asso­ ciation between the European Economic Community Whereas the customs authorities of the importing Mem­ and the United Republic of Tanzania, the Republic of ber State or Partner State of the East African Communi­ Uganda and the Republic of Kenya, signed on 24 Sep­ ty must be satisfied that products presented for importa­ tember 1969, and in particular Title I of Protocol No 4 tion fulfil the conditions laid down in this Decision ; annexed to the said Agreement; whereas such satisfaction presupposes knowledge of the circumstances by reason of which the goods have ac­ Having regard to the draft prepared by the Commission quired the status of 'originating products', which circum­ of the European Communities; stances the customs authorities of the exporting Partner State of the East African Community or Member State Whereas the definition of the concept of 'originating are best qualified to ascertain; products' is intended to make it possible to distinguish those products which are entitled, on importation into Whereas it is necessary to set up a committee on admin­ Member States or into Partner States of the East African istrative cooperation to ensure that the provisions of this Community, to the preferential treatment provided for in Decision are implemented correctly and uniformly , Title I of the Agreement, from products which are not so entitled; HAS DECIDED AS FOLLOWS :

Whereas products wholly obtained in a Member State or TITLE I in a Partner State of the East African Community must, in any event, enjoy preferential treatment; Definition of the concept of 'originating products'

Whereas the same must apply to goods obtained in a Article 1 Partner State of the East African Community or in a For the purpose of implementing the provisions of Title I Member State and intended for exportation to a Member of the Agreement establishing an Association between State or to a Partner State of the East African Communi­ the European Economic Community and the United ty, where the products which entered into their manufac­ Republic of Tanzania, the Republic of Uganda and the ture have been wholly obtained in the other Partner Republic of Kenya, signed on 24 September 1969, the States of the East African Community or in the Member following products shall be considered as : States, each of the importing Member States granting 1 . Products originating in the European Economic preferential treatment in respect of the latter products, Community , provided that they have been transport­ ed direct, within the meaning of Article 5 , to the Whereas it is desirable, furthermore, to extend the prefer­ importing Partner State of the East African ential treatment to goods obtained in one of the Con­ Community : tracting Parties and in the manufacture of which prod­ (a) products wholly obtained in the Member States; ucts other than those mentioned in the preceding para­ graph are used, provided that the latter products have (b) products obtained in Member States, in the man­ undergone processing or working sufficient to alter their ufacture of which products other than those re­ essential nature and to increase their vialue substantially ; ferred to in subparagraph (a) are used, provided and whereas such conditions are the only conditions jus­ that the said products have undergone sufficient tifying the granting of preferential treatment to the whole working or processing within the meaning of of the goods so obtained, since the effect of the definition Article 3 . This condition shall not, however, ap­ of the concept of 'originating products' should not be to ply to products which, within the meaning of this deprive customs tariffs and other measures of economic Decision, originate in the Partner States of the protection of their incidence in relation to countries not East African Community. party to the Agreement; 2. Products originating in the Partner States of the East Whereas it is necessary to express this principle in sim­ African; Community, provided that they have been ple rules while ensuring uniform application throughout transported direct, within the meaning of Article 5 , the Association and whereas this can be achieved by to the. importing Member State :

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(a) products wholly obtained in a Partner State of or processed does not exceed a given percentage of the the East African Community ; value of the goods obtained, the values to be taken into consideration in determining such percentage shall be : (b) products obtained in a Partner State of the East African Community, in the manufacture of on the one hand; which products other than those referred to in as regards products whose importation can be proved : subparagraph (a) are used, provided that the said their customs value at the time of importation; products have undergone sufficient working or processing within the meaning of Article 3 . This as regards products of undetermined origin : the earliest condition shall not, however, apply to products ascertainable price paid for such products in the territory which, within the meaning of this Decision, ori­ of the State where manufacture takes place; ginate in the Community or in other Partner States of the East African Community . on the other hand :

The products listed in List C shall be temporarily ex­ the ex-factory price of the goods obtained, less internal cluded from the scope of this Decision. taxes refunded or refundable on exportation.

Article 5 Article 2 The following shall be considered as transported direct Within the meaning of subparagraphs 1 (a) and 2 (a) of from the exporting Member State or Partner State of the , Article 1 , the following shall be considered as wholly East African Community to the importing Member State ■ obtained either in the Member States or in the Partner or Partner State of the East African Community : States of the East African Community : (a) goods transported without passing through the terri­ (a) mineral products extracted from the ground thereof; tory of a country not party to the Agreement or with­ (b) vegetable products harvested therein; out being transhipped in such country;

(b) goods transported through the territory of one or (c) live animals born and raised therein ; more countries not party to the Agreement, or tran­ (d) products from live animals raised therein ; shipped in such countries,- if the passage through

(e) products from hunting or fishing conducted therein; such countries is covered by a single transport docu­ ment drawn up in a Member State or a Partner State (0 marine products taken from the sea by their vessels ; of the East African Community. (g) scrap and waste resulting from manufacturing opera­ tions and used articles, which can no longer be used TITLE II provided that they have been collected therein and are fit only for the recovery of raw materials; Organization of methods of administrative cooperation

(h) goods obtained therein exclusively from animals or Article 6 products referred to in subparagraphs (a) to (g) or derivatives thereof. 'Originating products' within the meaning of this Deci­ sion shall, in the importing Member State or Partner Article 3 State of the East African Community, benefit from the provisions of Title I of the Agreement upon submission For the purpose of implementing the provisions of sub­ of a movement certificate AA.l, endorsed by the cus­ paragraphs 1 (b) and 2 (b) of Article 1 the following shall be considered as sufficient : toms authorities of the exporting Member State or Part­ ner State of the East African Community. (a) working or processing as a result of which the goods obtained receive a classification under a tariff head­ Any such products, however, which form part of postal ing other than that covering each one of the products consignments (including parcels) shall, provided that the worked or processed, except, however, working or consignments contain only 'originating products' and the processing listed in List A to which the special provi­ value does not exceed one thousand units of account 1 sions of that list apply ; per consignment, benefit from the provisions of Title I of (b) working or processing listed in List B. the Agreement in the importing Member State or Partner State of the East African Community on the presentation of form AA. 2. 'Tariff headings' shall mean the headings in the Brussels Nomenclature for the Classification of Goods in Cus­ toms Tariffs. Article 7

The movement certificate AA.l shall be endorsed only Article 4 on application being made in writing by the exporter, on Where the Lists A and B referred to in Article 3 provide the form prescribed for this purpose. that goods obtained in a Member State or a Partner State of the East African Community shall only be considered as originating therein if the value of the products worked 1 A unit of account (u.a.) is worth 0-88867088 g of fine gold.

Official Journal of the European Communities 121

Article8¶

The movement certificate AA.l shall be endorsed at the In the importing Member State or Partner State of the time of exportation of the goods to which it relates by the East African Community, the movement certificate AA. customs authorities of the exporting Member State or I shall be submitted to the customs authorities in accord­ Partner State of the East African Community. It shall be ance with the provisions made in the laws and regula­ made available to the exports* as soon as actual exporta­ tions of that State. The said authorities may require a tion has been effected or ensured. translation of the certificate.They may also require the import declaration to be accompanied by a statement In exceptional circumstances, the movement certificate from the importer to th&eflect that the goods meet the AA.l may also be endorsed after exportation of the conditions required for the implementation of the provi­ goods to which it refers, if it was not submitted at the sions of Title I of the Agreement. time of such exportation because of errors or involuntary omissions or any other special circumstances. In this Article 12 case, it shall bear a special reference to the conditions in Form AA.2, a specimen of which is given in Annex VI, which it was endorsed. shall be completed by the exporter. It shall be drawn up in one of the official languages in which the Agreement The movement certificate AA.l may be endorsed only is made; and in accordance with the provisions of the where it can serve as documentary evidence for the pur­ domestic law of the exporting Member Staie or Partner pose of implementing the preferential treatment laid State of the East African Community. It shall be type­ down in Title I of the Agreement written or handwritten; in the latter case it shall be com­

pleted in ink and in block letters.

Article 9 Form AA.2 is composed of two parts, each part being The movement certificate AA.l must be submitted to 210 x 148 mm. The paper used shall be white sized writ­ ing paper not containing mechanical pulp and weighing the customs office of the importing Member State or not less than 64 g/m2. On the front of On the front of Partner State of the East African Community at which Part 1 and the label of Part 2 a diagonal pattern of three the goods are presented, within five months from the date blue stripes, each 3 mm wide, shall run from the bottom of endorsement by the customs authorities of the export­ left-hand corner to the top right-hand corner. ing Member State or Partner State of the East African Community. Form AA.2 may be perforated mechanically so that the Article 10 two parts and the label on Part 2 can be detached. The label may be adhesive. The movement certificate AA.l shall be made out on a form a specimen of which is given in Annex V. It shall be The Member States and the Partner States of the East drawn up in one of the official languages in which the African Community may reserve the right to print the Agreement is made, and in accordance with the provi­ forms themselves or may have them printed by printers sions of the domestic law of the exporting Member State whom they have approved. In the latter case, each form or Partner State of the East African Community. It shall shall carry a reference to such approval. In addition, be typewritten or handwritten;in the latter case it shall each form shall bear the name and address of the ap­ be completed in ink and in block letters. proved printer, or a sign by which the latter can be iden­ tified. In addition, it shall bear a special number by The dimensions of the certificate shall be 210 x 297 mm. which it can be identified. The paper used shall be sized writing-paper not contain­ ing mechanical pulp and weighing not less than 64 g/m2 Article 13 or between 25 and 30 g/m2 if air-mail paper is used. It A form AA.2 shall be completed for each postal con­ shall have a green machine-turned background pattern signment After completing and signing the two parts of making any falsification by mechanical or chemical means apparent to the eye. the form, the exporter shall insert his declaration (Part 1) in the consignment and stick the label from Part 2 on the outer packing of the consignment On the front of each certificate,a diagonal pattern of three blue stripes, each 3 mm wide, shall run from the These provisions do not exempt exporters from com­ bottom left-hand corner to the top right-hand corner. plying with any other formalities required by customs or The Member States and the Partner States of the East postal regulations.

African Community may reserve the right to print the Article 14 certificates themselves or may have them printed by ap­ proved printers. In the latter case, each certificate shall Unless they suspect some irregularity,the customs au­ carry a reference to such approval. Each certificate shall thorities of the importing Member State or Partner State bear the name and address of the approved printer,or a of the East African Community shall admit as benefiting sign by which the latter can be identified-In addition it from the provisions of the Agreement any goods con­ shall bear a serial number by which it can be identified. tained in a consignment bearing an AA.2 label.

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Article 15 whether the spare reserved for the description of the 1 . Member States and Partner States of the East African goods has been completed in such manner as to exclude all possibility of fraudulent additions. To this end the Community shall admit as ' originating products' benefit­ description of the goods must be indicated without ing from the provisions of Title I of the Agreement, with­ leaving any blank lines. Where the space is not complete­ out requiring the production of a movement certificate ly filled, a horizontal line must be drawn below the last A.A.1 or completion of a form A.A.2, goods sent as small packages to private persons or forming part of line of the description, the empty space being crossed through. passengers' personal luggage, in so far as such goods are not imported by way of trade and have been declared as 2 . Since the movement certificate A.A.1 constitutes the meeting the conditions required for the application of documentary evidence for the application of the prefer­ these provisions, and where there is no doubt as to the veracity of such declaration. ential tariff and quota system laid down in the Agree­ ment, it shall be the responsibility of the customs office of the exporting country carefully to verify the origin of 2. Importations not by way of trade shall be importa­ the goods and to check the other statements on the certif­ tions which are occasional and consist solely of goods icate. for the personal use of the addressee or passenger or his family , it being evident from the nature and quantity of Article 19 the goods that no commercial purpose is in view. Furthermore, the total value of these goods must not 1 . The movement certificate A.A.1 shall be endorsed by exceed 60 units of account in the case of small packages the customs authorities of a Member State of the Com­ or 200 units of account in the case of the contents of pas­ munity if the goods being exported can be considered sengers' personal luggage. products originating in the Community within the mean­ ing of this Decision. Article 16 2. For the purpose of verifying whether the condition In order to ensure proper application of the provisions of stated in paragraph 1 has been met, the customs authori­ this Title, the Member States and the Partner States of ties shall have the right to call for any documentary evi­ the East African Community shall assist each other, dence or to carry out any check which they consider through their respective customs administrations, for appropriate. the purpose of checking the authenticity and correctness of the movement certificates A.A.1 and exporters' de­ clarations made on forms A.A.2 . 3 . The customs authorities of the Member State shall refuse to endorse a movement certificate A.A.1 if it ap­ pears from the export documents submitted that the TITLE III goods to which the certificate relates are not consigned to a country which is party to the Agreement.

Issue of movement certificates A.A.1 and conditions governing the use of movement certificates A.A.1 and forms A.A.2 Article 20

1 . The movement certificate A.A.1 shall be endorsed by A. Issue of movement certificates AAA the customs authorities of a Partner - State of the East

African Community if the goods being exported can be Article 17 considered products originating in the Partner States of 1 . It shall be for the exporter or his representative au­ the East African Community within the meaning of this thorized to sign the export declaration, under the form­ Decision. er's responsibility , to request the endorsement of a move­ ment certificate A.A.1 . This request shall be made out on 2. For the purpose of verifying whether the condition a form A.A.1 which must be completed in accordance stated in paragraph 1 has been met, tha customs authori­ with the provisions of Title II of this Decision and with ties shall have the right to call for any documentary evi­ the rules set out on the back of the first sheet of the form. dence or to carry out any check which they consider appropriate.

2. The exporter or his representative shall attach to his 3 . The customs authorities of the Partner State of the request any document proving that the goods to be ex­ East African Community shall refuse to endorse a move­ ported are such as to qualify them for the endorsement of ment certificate A.A. 1 if it appears from the export docu­ a movement certificate A.A. 1 . ments submitted that the goods to which the certificate relates are not consigned to a country which is party to Article 18 the Agreement.

1 . It shall be the responsibility of the customs authori­ Article 21 ties of the exporting Member State or Partner State of the East African Community to ensure that the form In that part of the movement certificate A.A.1 reserved A .A. 1 is duly completed. In particular, they shall check for the customs authorities, a reference must be made to

Official Journal of the European Communities 123

the date and type or to the serial number of the export customs authorities which issued it for a duplicate made document of which the exporter's declaration is a certi­ out on the basis of the export documents in their posses­ fied true copy . sion. The duplicate issued in this way must be endorsed in red ink with one of the following words : Article 22 ' DUPLICATE', ' DUPLICATO' 'DUPLICAAT, ' DUPLICATE'. Where a movement certificate A.A.I relates to products which were originally imported from a Member State or The duplicate shall take effect as from the date on which from a Partner State of the East African Community, the original certificate A .A. 1 was endorsed. and which are being re-exported in the same state, the new certificates issued in the re-exporting Member State or Partner State of the East African Community must indicate the Member State or Partner State of the East B. Conditions governing the use of the movement certifi­ cate A A. 1 African Community in which the original certificate was issued.

Article 27 Article 23 1 . Goods transported without passing through the terri­ The customs office stamp used to stamp the certificates tory of a country not party to the Agreement, or without shall be of metal, preferably steel. The countries party to transhipment in such country , shall be considered as the Agreement shall provide each other, through the goods transported direct. Association Council, with specimen impressions of the types of stamp used in the customs offices. However, the following shall not be considered as inter­ rupting direct transport : Article 24 (a) calls at ports situated in the territory of countries not It shall always be possible to replace one or more move­ party to the Agreement ; ment certificates A.A.1 by one or more other movement certificates A.A.1 , provided that this is done at the cus­ (b) transhipments in such ports, where these result from toms office where the goods are held. force majeure or where they are consequent upon conditions at sea ; Article 25 (c) passage through the territory of one or more coun­ 1 . Where, as a result of errors, involuntary omissions or tries not party to the Agreement, or transhipment in any other special circumstances, no request for a move­ such country or countries, where the passage ment certificate A.A.1 was made at the time the goods through such country or countries is covered by a were exported, such a certificate may be issued after the single transport document drawn up in a Member State or in a Partner State of the East African Com­ actual exportation of the goods to which it relates. munity ; In this case, the exporter must :

- make a request m writing, giving details of the type, 2. When crossing the territory of countries referred to in quantity, method of packing and markings of the paragraph 1 , the goods must remain under the supervi­ goods, and also the place and date of despatch; sion of the customs authorities of the transit country and - certify that no certificate A.A.1 was issued at the time must not be put into free circulation. While in the transit of exportation of the goods in question, and state the country, they must not undergo any handling other than reasons therefor; normal operations designed to keep them in good condi­ tion . - enclose a form A.A. 1 duly completed and signed.

2. The customs authorities may issue a movement certif­ icate AA.l retroactively only after verifying that the 3 . Proof that the conditions set out in paragraph 2 have information supplied in the exporter's request agrees been complied with shall be furnished by the submission with that in the corresponding file. of a certificate issued by the customs authorities of the transit country, containing : Certificates issued retroactively must be endorsed in red - an accurate description of the goods ; ink with one of the following phrases : 'NACHTRAGLICH AUSGESTELLT 'DELIVRE A - the date of loading or unloading of the goods, naming POSTERIORI' 'RILASCIATO A POSTERIORI', the vessels concerned; 'AFGEGEVEN A POSTERIORI', 'ISSUED RE­ - certified proof of the conditions in which the goods TROACTIVELY'. have been held.

Article 26 Where this certificate cannot be produced, the customs In the event of the theft, loss or destruction of a move­ authorities shall take into account any documentary evi­ ment certificate A.A.1 , the exporter may apply to the dence submitted to them.

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Article28¶

Movement certificates AA.l submitted to the customs The production of a movement certificate AA1 and the authorities of the importing Member State or Partner completion of a form AA.2 shall be waived for goods State of the East African Community after expiry of the soit as small packages to private persons and forming time limit for their submission stipulated in Article 9, part of passengers' personal luggage, provided such im­ may be accepted for the purpose of applying the prefer­ ports fulfil the conditions laid down in Article IS . ential system provided the failure to observe this time limit results from force majeure or exceptional circum­ F. Retroactive checks requested by the customs authori­ stances. ties of the importing country on movement certifi­ cates A A J and onforms AA.2 In addition to such cases, the customs authorities of the importing Member State or Partner State of the East Af­ rican Community may accept such certificates provided Article 33 the goods have been submitted to them before the expiry of the said time limit 1 . Retroactive checks on movement certificates AA.l and on forms AA.2 shall be carried out at random, and Article 29 also whenever the customs authorities of the importing Member State or Partner State of the East African The discovery of slight discrepancies between the state­ ments made in the movement certificate AA.l and those Community have reasonable doubt as to the authenticity made in the documents submitted to the customs office of the document or the accuracy of the information re­ garding the true origin of the goods in question or of cer­ for the purpose of carrying out the formalities for im­ porting the goods shall not ipso facto render the certifi tain parts thereof.

cate null and void, if it is duly established that the certifi­ 2. For the purpose of implementing the provsions of cate does correspond to the goods submitted. paragraph 1 above, the customs authorities of the im­ porting country shall return the movement certificate C. Use offree zones AA.1 or part 1 of form AA.2 to the customs authorities ofthe exporting country, giving the formal or substantive Article 30 reasons for an inquiry. To part 1 of form AA.2 they The countries party to the Agreement shall take all shall attach the invoice, if it has been submitted, or a necessary steps to ensure that goods traded within the copy thereof, and they shall forward any information Association under the cover of a movement certificate that has been obtained suggesting that the particulars AA.l and whichinthe courseof transport use a free zone given on the said certificate or the said form are inaccu­ (including free ports and free entrepots) situated in their rate. territory are not replaced by other goods and that they do not undergo handling other than normal operations If the customs authorities oi the importing country de­ designed to keep them in good condition. cide to suspend exexution of the provisions of the Agree­ ment while awaiting the results of the check, they shall D. Postal consignments (including parcels) offer to release the goods to the importer subject to any conservatory measures laid down by the national legis­ lation of that country.

Article 31 3. The customs authorities of the importing country 1 . It shall be for the exporter or his representative, on shall be informed of the results of the check within a per­ the exporter's responsibility, to complete and sign the iod not exceeding three months. These results must be two parts of form AA.2. such as to make it possible to determine whether the dis­ puted movement certificate AA.l or form AA.2 applies If the goods contained in the consignment have already to the goods actually exported, and whether these goods been checked in the exporting Member State or Partner can, in fact, qualify for the application of the prefer­ State of the East African Community in the light of the ential system. definition given for the concept of 'originating products', the exporter may refer to this check in the space reserved Where such disputes cannot be settled between the cus­ for 'observations' in form AA.2 (Part 1). toms authorities of the importing country and those of the exporting country or where they raise a question as 2. On the green label Model CI or declaration C2 or to the interpretation of this Decision, they shall be sub­ C2, M, or the customs declaration CP 3 or CP 3 M, the mitted to the Customs Cooperation Committee referred exporter shall enter the form number. 'AA.2', followed to in Article 34. by its serial number. He shall also mark the form num­ ber and serial number on the invoice for the goods con­ In any case, the settlement of disputes arising between tained in the consignment the importer and ihi customs authorities of the country of importation shall remain within the competence of the E. Small packages andpersonal luggage : egjs!ation of that country.

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For the purpose of the retroactive check on certificates, This review may be carried out at shorter intervals, if the the customs authorities of the exporting country must Community or the Partner States of the East African keep all export documents, or copies of movement certif­ Community so request. icates used in place thereof, for not less than two years. 2. The Association Council shall delegate to the Asso­ G. Customs Cooperation Committee ciation Committee power to amend the provisions of Title in of this Decision concerning methods and proce­ dures of cooperation in the customs field. Article 34 Article 38 There shall be established a Customs Cooperation Committee responsible, under the authority of the The Explanatory Notes, Lists A , B and C , specimen Committee referred to in Article 27 of the Agreement, movement certificate AA.l and specimen form A.A.2 for administrative cooperation to ensure that the provi­ which are annexed to this Decision shall form an integral sions of this Decision are implemented correctly and uni­ part thereof. formly and for carrying out any other tasks in the cus­ toms field that the Association Council may assign to it. Article 39

Goods which conform to the provisions of Title I and which, on the date of entry into force of this Decision, Article 35 are being transported, or are held in a Member State or The Committee shall be composed of customs experts Partner State of the East African Community under from the Member States and officials of the Commission temporary warehouse procedure, in bonded warehouses of the European Communities concerned with customs or in free zones (including free ports and free entrepots), matters on the one hand and of customs experts repre­ may be allowed to benefit from the provisions of the senting the Partner States of the East African Communi­ Agreement, subject to the submission to the customs ty on the other. authorities of the importing country, within four months from the said date, of: The Chairmanship of this Committee shall be exercised (a) a certificate AA.l issued retroactively by the cus­ in rotation in accordance with the provisions laid down toms authorities of the exporting country, or in Article 4 of the Rules of Procedure of the Association Council. (b) a certificate of origin issued by the competent au­ thorities of that country, and Article 36 in either case, any documents that provide supporting The Association Council shall enact the Rules of Proce­ evidence of direct transport. dure of the Customs Cooperation Committee.

Article40¶

The Partner States of the East African Community, the Member States and the Community shall be required, TITLE IV each to the extent to which they are concerned, to take the necessary steps to implement this Decision. Final Provisions

This Decision shall enter into force on 1 July 1971 . Article 37

1 . The Association Council shall undertake an annual Done at Brussels, 13 May 1971 . review of the action taken to implement the provisions of Titles I and II of this Decision and of their economic ef­ The Chairman ofthe Association Council fects, so that any requisite adjustments can be made. Y. BOURGES

ANNEX I

EXPLANATORY NOTES

Note 1 — Article 1

The terms 'in the Member States' and 'in a Partner State of the East African Community' shall also cover territorial waters.

126 Official Journal of the European Communities

Vessels operating on the high seas, including 'factory ships' on which the fish caught is worked or pro­ cessed, shall be considered as part of the territory of the Member State or of the Partner State of the East African Community to which they belong, provided that they meet the conditions laid down in Explanatory Note 4.

Note 2 — Article 1

in order to determine whether a product originates in a Member State or m a Partner State of the East African Community, it shall not be necessary to establish whether or not the power and fuel, plant and equipment, and machines and tools used to obtain such product originate in countries not party to the Agreement.

Note 3 — Aotscle 1

Packing shall be considered as forming a whole with the products contained therein. This provision, however, shall not apply to packing which is not of the normal type for the article packed and which has intrinsic value of a durable nature, apart from its function as packing.

Note 4 - Article 2 (0:

The term their vessels shall apply only to vessels : (a) which are registered in a Member State or in a Partner State of the East African Community ; (b) which sail under the flag of a Member State or of a Partner State of the East African Community; (c) which are owned to an extent of at least 50% by nationals of countries party to the Agreement or by a company or Arm with its head office in such countries, 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 such boards, are nationals of countries party to the Agreement and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to States party to the Agree­ ment, to public bodies or to nationals of the said States; (d) of which the captain and officers are all nationals of countries party to the Agreement, and (e) of which at least 75% of the crew are nationals of countries party to the Agreement.

Note 5 - Article 4:

'Ex-factory price' shall mean the price paid to the manufacturer in whose undertaking sufficient work­ ing or processing is carried out. Where such working or processing is carried out successively in two or more undertakings, the price to be taken into account shall be that paid to the last manufacturer.

Official Journal of the European Communities 127

ANNEX 11

. LIST A List of working or processing operations which result in a change of tariff heading without conferring the status of 'originating products' on the products undergoing such operations or conferring this status only subject to certain conditions

Products obtained Working or processing that confers Working or processing that does not the status of ' originating products' CCT confer the status of 'originating products' when the following conditions.are met heading Description No

All I All products 1 . Operations intended to ensure the heading preservation of merchandise in Nos of good condition during transport the and storage ( ventilation, spreading Common out, drying, chilling, placing in Customs brine, in sulphur water or in other Tariff solutions, removal of damaged parts, and like operations) 2. Simple operations consisting of re­ moval of dust, sifting or screening, sorting, classifying, matching (in­ cluding the making up of sets of ar­ ticles), washing, painting, cutting up 3 , ( a) Changes of packing and break­ ing up and assembling of con­ signments All products 3 . ( b) placing in bottles, flasks, bags, cases, boxes, fixing on cards or boards, etc. , and all other simple packing operations 4. Affixing on products or packages thereof marks , labels, or other like distinctive signs 5. Mixing of products, whether or not of different kinds, where one or more components of the mixture do not meet the conditions laid down v. by the Association Council to en­ able them to be considered as ori­ ginating either in the Member Sta­ tes or the Partner States of the East African Community 6. Assembly of parts of articles in or­ der to constitute a complete article. 7. A combination of two or more ope­ rations referred to in items 1 to 6 above 8 . Slaughter 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

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

04.02 Milk and cream, preserved, concen­ Preserving, concentrating of milk or trated or sweetened cream of heading No 04.01 , or addi­ tion of sugar to these products

04.03 Butter Manufacture from milk or cream

04.04 Cheese and curd Manufacture from products of head­ ing No 04.01 , 04.02 and 04.03

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

128 Official Journal of the European Communities

List A ( continued)

Products obtained Working or processing that does not Working or processing that confers CCI confer the status of ' originating products ' the status of ' originating products' when the following conditions arc met heading Description No

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

07.04 Dried , dehydrated or evaporated ve­ Drying, dehydration, evaporation, getables, whole, cut, sliced , broken cutting, breaking, powdering of vege­ or in powder, but not further prepared tables of heading Nos 07.01 to 07.03 inclusive

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

08.11 Fruit provisionally preserved ( for ex­ Placing in brine or in other solution* ample, by sulphur dioxide gas, in of fruit of heading Nos 08.01 to 08.09 brine, sulphur water or in other pre­ inclusive. servative solutions), but unsuitable in that state for immediate consumption

08.12 Fruit, dried , other than that falling Drying of fruit within heading Nos 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 cercais 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

1 1.03 Flours of the leguminous vegetables Manufacture from dried leguminous falling within heading No 07.05 vegetables

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

11.05 Flour, meal and flakes of potato Manufacture from potatoes

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

11.07 Malt , roasted or not Manufacture from cereals

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

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

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

15.02 Unrendered fats of bovine cattle, Manufacture from products of head­ sheep or goats ; tallow ( including ' pre­ ing No 02.05 mier jus') produced from those fats

15.04 Fats and oils, offish and marine mam­ Manufacture from fish or marine mals, whether or not refined mammals caught by fishing vessels of countries not party to the Agree­ ment

129 Official Journal of the European Communities

List A ( continued)

Products obtained Working or processing that does not Working or processing that confers CCT confer the status of ' originating products' the status of 'originating products' heading when the following conditions are met Description No

15.06 Other animal oils and fats (including Manufacture from products of Chap­ neat's-foot oil and fats from bones or ter 2 waste) v ex 15.07 Vegetable and edible oils Extracting from products of Chap­ ters 7 and 12

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

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

16.04 Prepared or preserved fish, including Manufacture from products of Chap­ caviar and caviar subsitutes ter 3

16.05 Crustaceans and molluscs, prepared Manufacture from products of Chap­ or preserved ter 3

17.02 Other sugars ; sugar syrups ; artificial Manufacture from any kind of pro­ honey (whether or not mixed with na­ duct tural honey) ; caramel

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

17.05 Flavoured or coloured sugars, syrups Manufacture from any product and molasses, but not including fruit juices containing added sugar in any proportion

18.03 Cocoa paste (in bulk or in block), Manufacture from ' originating' cocoa whether or not defatted 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 Chap­ tions containing cocoa ter 17 or manufacture in which the value of the cocoa beans used exceeds 40 % of the value of the finished pro­ ducts

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

19.03 Macaroni , spaghetti and similar pro­ Manufacture from durum wheat ducts

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

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

20.01 Vegetables and fruit, prepared or pre­ Preserving of vegetables and fruit , served by vinegar or acetic acid, with fresh , frozen or temporarily preserved , or without sugar, whether or not con­ or preserved in vinegar. taining salt, spices or mustard

130 Official Journal of the European Communities

List A (continued)

- Products obtained Working or processing that confers Working or processing that does not the status of ' originating products' CCI confcr the status of 'originating products' when the following conditions are met heading Description No

20.02 Vegetables prepared or preserved Preserving of vegetables, fresh or fro­ otherwise than by vinegar or acetic zen acid

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

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

ex 20.05 Jams, fruit jellies, marmalades, fruit Manufacture from 'originating fruit purée and fruit pastes, being cooked and products' of Chapter 17 preparations, contsining added sugar

20.06 Fruit otherwise prepared or preserv­ ed, whether or not containing added sugar or spirit : A. Nuts, including groundnuts, Manufacture, without the addition of roasted sugar or spirit, in which the value of the ' originating products' of heading Nos 08.01 , 08.05 and 12.01 used rep­ resents at least 60 % of the value of the finished product

B. Other Manufacture from ' originating pro­ ducts of Chapters 8, 17 and 22

ex 20.07 Fruit juices, whether or not contain­ Manufacture from 'originating pro­ ing added sugar, but unfermented and ducts' of Chapters 8 and 17 not containing spirit

ex 21.01 Roasted chicory and extracts, essen­ -Manufacture from fresh or dried chi­ ces and concentrates thereof cory roots

ex 22.09 Spirits (other than those of heading Addition of water to ethyl alcohol No 22.08) or neutral spirits of heading No 22.08 or mixtures of spirits of heading No 22.08 and 22.09

22.10 Vinegar and substitutes for vinegar Manufacture from spirit or wine

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

23.07 Sweetened forage ; other preparations Manufacture from cereals and derived of a kind used in animal feeding products, meat, milk, sugars and mo­ lasses

ex 24.02 Cigarettes, cigars and cigarillos, to­ Manufacture in which at least 70 % bacco for smoking by quantity of the materials ofheading No 24.01 used are 'originating pro­ ducts'

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 lead Any manufacture from products of 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 Nos 28.28 and 28.42

Official Journal of the European Communities J 31

List A (continued)

Products obtained Working or processing that does not Working or processing that confers CCT confer the status of ' originating products' · the status of 'originating products' when the following conditions arc met heading Description No

ex 28.30 Lithium chloride Any manufacture from products of heading Nos 28.28 and 28.42 « / ex 28.33 Bromides Any manufacture from products of heading Nos 28.01 and 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 and 28.13

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

ex 29.35 Pyridine ; alphapicoline ; betapicoline ; Transformation of acetylene into ace­ gammapicoline taldehyde and transformation of ace­ taldehyde into pyridine or picoline

ex 29.35 Vinylpyridine Transformation of acetaldehyde into picolines and transformation of pico­ lines into vinylpyridine

ex 29.38 Nicotinic acid ( Vitamin PP) Transformation of acetaldehyde into beta-picoline and transformation of beta-picoline into nicotinic acid

ex 30.03 medicaments ( including veterinary Any manufacture from antibiotics of medicaments) containing antibiotics heading No 29.44

31.05 Other fertilizers ; goods of the present Manufacture in which the value of chapter in tablets, lozenges and simi­ the products used does not exceed lar prepared forms or in packings of 50 % of the value of the finished a gross weight not exceeding 10 kg products

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

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

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

38.11 Disinfectants, insecticides, fungicides, Manufacture in which the value of weed-killers, anti-sprouting products, the products used does not exceed rat poisons and similar products, put 50 % of the value of the finished pro­ up in forms or packings for sale by product retail or as preparations or as articles ( for example, sulphurtreated bands, wicks and candles, flypapers)

38.12 Prepared glazings, prepared dressings Manufacture in which the value of and prepared mordants, of a kind the products used does nót exceed used in the textile, paper, leather or - 50 % of the value of the finished like industries product

132 Official Journal of the European Communities

List A ( continued)

Products obtained Working or processing that does not Working or processing that confers CCT the status of 'originating products' confer the status of ' originating products' when the following conditions arc met heading Description No .

38.13 Pickling preparations for metal sur­ Manufacture in which the value of faces ; fluxes and other auxiliary pre­ the products used does not exceed parations for soldering, brazing or 50 % of the value of the finished welding ; soldering, brazing or weld­ product ing powders and pastes consisting of metal and other materials ; prepara­ tions of a kind used as cores or coat­ ings for welding rods and electrodes

ex. 38 . 14 Anti-knock preparations, ^oxidation Manufacture in which the value of inhibitors, gum inhibitors, viscosity the products used does not exceed improvers, an ti -corrosive prepara­ 50 % of the value of the finished tions and similar prepared additives product 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 fne-ex­ Manufacture in which the value of tinguishers ; charged fire-extinguish­ the products used does not exceed ing 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 the of the chemical or allied industries products used does not exceed 50% (including those consisting of mixtures of the value of the finished product of natural products), not elsewhere 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 naph­ thenic acids ; — Sulphonaphthenic acids and their non-water-soluble salts, esters of sulphonaphthenic acids ; — Petroleum sulphonates, excluding petroleum sulphonates of alkali metals, of ammonium or of etha­ nolamines, thiophenated sulpho­ nic acids of oils obtained from bituminous minerals, and their salts ; — Mixed alkylenes ; — Mixed alkylbenzenes and 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 ;

Official Journal of the European Communities 133

List A (continued)

Products obtained Working or processing that confers Working or processing that confers the status of 'originating products CCT the status of 'originating products' when the following conditions are met heading Description No

— Carbon (excluding that in artificial graphite ofheading No ex 38.0 1 ) in metallo-graphite or other com­ pounds, in the form of small plates, bars or other semi-manufactures

39.07 Articles of materials of the kinds de­ Working of artificial plastic materials, described in heading No 39.01 to 39.06 cellulose ethers and esters, and arti­ ficial resins

40.05 Plates, sheet and strip, of unvulcani­ Manufacture in which the value of the zed natural or synthetic rubber, other products used does not exceed 50% than smoked sheets and crepe sheets of the value of the finished product of heading No 40.01 or 40.02 ; granules of unvulcanized natural or synthetic rubber compounded ready for vulca­ nization ; unvulcanized natural or synthetic rubber, compounded before or after coagulation either with carbon black ( with or without the addition of mineral oil) or with silica (with or with­ out the addition of mineral oil, in any form, of a kind known as masterbatch

41.02 Bovine cattle leather (including buf­ Tanning of raw hides and skins of falo leather) and equine leather, except heading No 41.01 leather falling within heading No 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 No 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 No heading No 41.01 41.06,41.07 or 41.08

41.05 Other kinds of leather, except leather Tanning of raw hides and skins of falling within heading No 41 .06, 41 .07 heading No 41.01 or 41.08

41.08 Patent leather and imitation patent Varnishing or metallizing of leather of leather ; metallized leather No 4 1 .02 to 4 1 .07 inclusive (other than skin leather of crossed Indian sheep and of Indian goat or kid, not further prepared than vegetable tanned , or if * otherwise prepared , obviously unsuit­ able 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

43.03 Articles of furskins Making up from furskins in plates, crosses and similar forms (ex 43.02)

44.21 Complete wooden packing cases, Manufacture from boards not out to boxes, crates, drums and similar pack­ size ings imported assembled, unassembl - . ed, or partly assembled

45.03 Articles of natural cork Manufacture from products of head­ ing No 45.01

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

134 Official Journal of the European Communities

List A (continued)

Products obtained Working or processing that confers Working or processing that confers the status of 'originating products' CCT the status of 'originating products' when the following conditions are met heading Description No

48.14 Writing blocks, envelopes, letter cards, Manufacture in which the value of the plain post cards, correspondence products used does not exceed 50% cards ; boxes, pouches wallets and of the value of the finished product writing compendiums, of paper or paperboard, containing only an as­ sortment of paper stationery

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 the tainers, of paper or paperboard products used do not exceed 50% of the value of the finished product

50.04 Silk ' yarn, other than yarn of noil or Manufacture from products of head­ other waste silk, not put up for retail ing No 50.01 sale

51.03 Yarn of man-made fibres (continu­ Manufacture from chemical products ous), put up for retail sale or textile pulp

51.04 Woven fabrics of man-made fibres Manufacture from chemical products (continuous), including woven fabrics or textile pulp of monofil or strip of heading No 51.01 or 51.02

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

53.07 Yarn of combed sheep's or lambs' Manufacture nom sneep's or lamDS wool (worsted yarn), not put up for wool , not carded or combed retail sale

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

53.09 Yarn of horsehair or of other coarse Manufacture from unprepared coarse animal hair, not put up for retail sale animal hair of heading No 53.02 or from unprepared horsehair of heading No 05.03

53.10 Yarn of sheep's or lambs' wool, of Manufacture from materials of head­ horsehair or of other animal hair ( fine ing No 05.03 or 53.01 to 53.04 inclu­ or coarse), put up for retail sale sive

' 53.11 Woven fabrics of sheep's or lambs' Manufacture from materials of head­ wool or of fine animal hair ing No 53.01 to 53.05 inclusive

54.04 Flax or ramie yarn, put up for retail Manufacture from materials of head­ sale ing No 54.01 or 54.02

54.05 Woven fabrics of flax or of ramie Manufacture from materials of head­ ing No 54.01 or 54.02

55.05 Cotton yarns, not put up for retail sale Manufacture from materials of head­ ing No 55.01 or 55.03

Manufacture from materials of head­ ing No 55.01 or 55.03

55.07 Cotton gauze Manufacture from materials of head­ ing No 55.01 , 55.03 or 55.04 55.08 Terry towelling and similar terry Manufacture from materials of head­ fabrics of cotton ing No 55.01 , 55.03 or 55.04

55.09 Other woven fabrics of cotton Manufacture from materials of head­ ing No 55.01,55.03 and 55.04

Official Journal of the European Communities 135

List A ( continued)

Products obtained Working or processing that does not Working or processing that confers CCT confer the status of ' originating products' the status of 'originating products' when the following conditions arc met heading Description No

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

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

56.04 Man-made fibres (discontinuous or Manufacture from chemical products waste), carded, combed or otherwise or textile pulp prepared for spinning

56.05 Yarn of man-made fibres (discontinur Manufacture from chemical products ous or waste), not put up for retail sale or textile pulp *

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

56.07 Woven fabrics of man-made fibres Manufacture from materials of head­ (discontinuous or waste) ing No 56.01 to 56.03 inclusive

57.09 Woven fabrics of true hemp Manufacture from materials of head­ ing No 57.01

57.10 Woven fabrics of jute Manufacture from raw jute

57.11 Woven fabrics of other vegetable tex­ Manufacture from materials of head­ tile fibres ing No 57.02 or 57.04

58.01 Carpets, carpeting and rugs, knotted Manufacture from materials of head­ (made up or not) ing Nos 50.01 to 50.03 inclusive, 5 1 ,01 , 53.01 to 53.05 inclusive, 54.01 , 55.01 to 55.04 inclusive, 56.01 to 56.03 in­ clusive or 57.01 to 57.04 inclusive

58.02 Other carpets, carpeting, rugs, mats Manufacture from materials of head­ and matting, and 'Kelem', ' Schu­ ing Nos 50.01 to 50.03 inclusive, 5 1 .01 , macks' and ' Karamanie' rugs and the 53.01 to 53.05 inclusive, 54.01 , 55.01 like (made up or not) to 55.04 inclusive , 56.01 to 56.03 in­ clusive or 57.01 to 57.04 inclusive

58.04 Woven pile fabrics and chenille fa­ Manufacture from materials of head­ brics (other than terry towelling or ing Nos 50.01 to 50.03 inclusive, 5 1 .01 , similar terry fabrics of cotton falling 53.01 to 53.05 inclusive, 54.01 , 55.01 within heading No 55.08 and fabrics to 55.04 inclusive or 56.01 to 56.03 falling within heading No 58.05) inclusive

58.05 Narrow woven fabrics and narrow Manufacture from materials of head­ fabrics ( bolduc) consisting of warp ing Nos 50.01 to 50.03 inclusive, 5 1 .01 , without weft assembled by means of 53.01 to 53.05 inclusive , 54.01 , 55.01 an adhesive, other than goods falling to 55.04 inclusive, 56.01 to 56.03 in­ within heading No 58.06 clusive or 57.01 to 57.04 inclusive

58.06 Woven labels, badges and the like, Manufacture from materials of head­ not embroidered, in the piece, in ing Nos 50.0 1 to 50.03 inclusive, 5 1 .0 1 , strips or out to shape or size 53.01 to 53.05 inclusive, 54.01 , 55.01 to 55.04 inclusive or 56.01 to 56.03 inclusive

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

136 Official Journal of the European Communities

List A ( continued)

Products obtained Working or processing that does not Working or processing that confers OCT confer the status of ' originating products' the status of ' originating products' when the following conditions are met heading Description No

58.09 Tulle and other net fabrics ( but not Manufacture from materials of head­ including woven , knitted or crocheted ing Nos 50.0 1 to 50.03 incl usive, 51.01 , fabrics) figured ; hand or mechanically 53.01 to 53.05 inclusive, 54.01 , 55.01 made lace, in the piece, in strips or in to 55.04 inclusive or 56.01 to 56.03 motifs 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, cord­ Manufacture either from natural age or rope, and made up fishing nets fibres or from chemical products or of yarn , twine, cordage or rope textile pulp

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

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

59.08 Textile fabrics impregnated or coated Manufacture from yarn with preparations of cellulose deriva­ tives or of other artificial plastic ma­ terials

59.09 Textile fabrics coated or impregnated Manufacture from yarn with oil or preparations with a basis of drying oil

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 cover­ ings ; floor coverings consisting of a coating applied on a textile base, cut to shape or not

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

59.12 Textile fabrics otherwise impregnated Manufacture from yarn or coated ; painted canvas being thea­ trical scenery, studio backcloths or the like

59.13 Elastic fabrics and trimmings (other Manufacture from single yarn than knitted or crocheted goods) con­ sisting of textile materials combined with rubber threads

59.15 Textile hosepiping and similar tubing, Manufacture from single yarn with or without lining, armour or ac­ cessories of other materials

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

Official Journal of the European Communities 137

. List A (continued)

Products obtained ' Working or processing that confers Working or processing that confers the status of 'originating products' CCI the status of 'originating products' when the following conditions are met heading Description No

59.17 Textile fabrics and textile articles, of Manufacture from materials of head­ a kind commonly used in machinery ing Nos 50.01 to 50.03 inclusive, 5 1 .01 , or plant 53.01 to 53.05 inclusive, 54.01 , 55.01 to 55.04 inclusive, 56.01 to 56.03 in­ clusive, or 57.01 to 57.04 inclusive

Chapter Knitted and crocheted goods : Manufacture from materials of head­ 60 ing Nos 56.01 to 56.03 inclusive, from textile pulp, or from chemical pro­ ducts

Of man-made textile fibres, continu­ ous or discontinuous -

Other Manufacture from natural fibres, carded or combed

61.01 Men's and boys' outer garments Manufacture from yarn or from un­ bleached fabric

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

61.03 Men's and boys* undergarments, in­ Manufacture from yarn or from un­ cluding collars, shirt fronts and cuffs bleached fabric

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

61.05 Handkerchiefs Manufacture from yarn

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

61.07 lies, bow ties and cravats Manufacture from yarn

61.08 Collars, tuckers, fallals, bodice-fronts, Manufacture from yarn jabots, cuffs, flounces, yokes and si­ milar accessories and trimmings for women's and girls' garments r 61.09 Corsets, corset-belts, suspender-belts, Manufacture from yarn brassieres, braces, .suspenders, gar­ ters and the like (including such artic­ les of knitted or crocheted fabric), whether or not elastic

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

61.11 iccessories 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 of Chapters 50 to 56 inclusive

62.02 Bed linen, table linen, 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 the Manufacture from yarn packing of goods

62.04 Tarpaulin, sails, awnings, sunblinds, Manufacture from single unbleached tents and camping goods yam

138 Official Journal of the European Communities

List A ( continued)

Products obtained Working or processing that does not Working or processing that confers CCT confer the status of 'originating products' the status of ' originating products' when the following conditions are met heading Description No

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

64.01 Footwear with outer soles and uppers Manufacture from assemblies consist­ of rubber or artificial plastic material ing of shoe uppers fixed to inner soles soles or to other lower parts, without outer soles, in any material except metal

ex 64.02 Footwear with uppers of natural Manufacture from assemblies con­ leather sisting of shoe uppers fixed to inner soles or to other lower parts, without outer soles, in any material except metal

ex. 64.02 Footwear other than with uppers of Manufacture from assemblies con­ natural leather sisting of shoe uppers fixed to inner soles or to other lower parts, without outer soles, in any material except metal

64.03 Footwear with outer soles of wood or Manufacture from assemblies con­ cork sisting of shoe uppers fixed to inner soles or to other lower parts, without outer soles, in any material except metal

64.04 Footwear with outer soles of other Manufacture from assemblies con­ materials sisting of shoe uppers fixed to inner soles or to other lower parts, without outer soles, in any material , except metal

65.03 Felt hats and other felt headgear, be­ Manufacture from fibre ing 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 yarn hairnets), knitted or crocheted, or made up from lace, felt or other textile fabric in the piece ( but not from strips), whether or not trimmed or not lined or trimmed

66.0 ! Umbrellas and sunshades (including Manufacture in which the value of the walking-stick umbrellas, umbrella products used does not exceed 50% of tents, and garden and similar umbrel­ the value of the finished product las)

ex 70.70 Cast or rolled glass ( including (lashed Manufacture from drawn, cast or or wired glass) cut to shape other than rolled glass of heading No 70.04 to rectangular shape, or bent or other­ 70.06 inclusive wise worked ( for example, edge work­ ed or engraved), whether or not surface ground or polished ; multiple-walled insulating glass

70.08 Safety glass consisting of toughened Manufacture from drawn, cast or roll­ or laminated glass, shaped or not ed glass of heading No 70.04 to 70.06 inclusive

70.09 Glass mirrors ( including rear-view­ Manufacture from drawn, cast or roll­ mirrors), unframed, framed or backed ed glass of heading No 70.04 to 70.06 inclusive

Official Journal of the European Communities 139

List A ( continued)

Products obtained Working or processing that confers Working or processing that does not the status of. 'originating products' CCT confer the status of 'originating products' when the following conditions are met heading Description No

71.15 Articles consisting of, or incorporat­ Manufacture in which the value of the ing pearls, precious or semi-precious products used does not exceed 50% of stones (natural, synthetic or recon­ the value of the finished product structed

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

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

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

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

74.05 Copper foil (whether or not embossed, Manufacture in which the value of the cut to shape, perforated, coated, products used does not exceed 50% of printed, or backed with paper or other the value of the finished product reinforcing material), of a thickness (excluding any backing) not exceeding 015 mm

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

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

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

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

75.04 Tubes and pipes and blanks therefor, Manufacture in which thé value of the of nickel ; hollow bars, and tube and products used does nor exceed 50% of pipe fittings (for example, joints, el­ the value of the finished product bows, sockets and flanges), of nickel

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

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

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

140 Official Journal of the European Communities

List A (continued)

Products obtained Working or processing that does not Woifeõg ©τ piOcesârg ahaî confers CC confer the status of 'originating producís'' the siaisis of 'on^oaling products1 wbra ufes fc£2ørvåag COECÎIXCSS are met hcad ,..ö Description No

76.04 Aluminium foil (whether or not em­ Manufacture in which the value of the bossed, cut to shape perforated, coat-^ products used does not exceed 50% of ed, printed, or backed with paper or the value of the finished product other reinforcing material, of a thick­ ness (excluding any backing) not ex­ ceeding 0-20 mm

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

76.06 Manufacture in which the value of the Tubes and pipes and blanks therefor, of aluminium ; hollow bars of alumi­ products used does not exceed 50% of nium 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, Jiangars 50% of the value of the finished pro­ and other buildings, bridges and duct 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 in struc­ tures, of aluminium

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

76.13 Gauze, cloth, grill, netting, reinforcing Manufacture in which the value of fabric and similar materials, of alumi­ the products used does not exceed nium wire 50% of the value of the finished pro­ duz

78.02 Wrought bars, rods, angles, shapes Manufacture in which the value of the and sections, of lead ; lead wire 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 the lead 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 value of the cut to shape, perforated, coated, products used does not exceed 50% of printed, or backed with paper or other the value of the finished product reinforcing material), of a weight (ex­ cluding any backing) not exceeding 1 700 g/m2 ; lead powders and flakes

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

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 the and sections, of zinc ; zinc wire products used does not exceed 50% of the value of the finished product

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

141 Official Journal of the European Communities

List A f continued)

Products obtained Working or processing that confers Working or processing that does not the status of 'originating products' CCT confer the status of 'originating products' when the following conditions are met heading Description No

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

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

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

79.05 Gutters, roof capping, skylight fra­ Manufacture in which the value of the mes, and other fabricated building products used does not exceed 50% of components, of zinc 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

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

80.04 Tin foil (whether or not embossed, cut Manufacture in which the value of the to shape, perforated, coated, printed , products used does not exceed 50% of or backed with paper or other rein­ the value of the finished product forcing material), of a weight (exclud­ ing any backing) not exceeding 1 kg/m2 ; tin powders and flakes

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

82.05 Interchangeable tools for hand tools, Assembly in which the value of the for machine tools or for power-ope­ parts used does not excéed 40% of rated hand tools (for example, for the value of the finished product pressing, stamping, drilling, tapping, threading, boring, broaching, milling, · cutting, turning, dressing, morticing or screwdriving), 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 parts used does not exceed 40% of the value of the finished product

ex 84 Boilers, machinery and mechanical Assembly in which the value of the Chapter appliances and parts thereof, exclud­ parts used does not exceed 40% of ing products"""of heading No. 84.05 the value of the finished product and sewing machines (ex No 84.41 )

142 Official Journal of the European Communities

List A (continued)

Products obtained Working or processing that does not Working or processing that confers CCT confer the status of 'originating products' the status of 'originating products' when the following conditions arc met heading Description No

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

ex 84.41 Sewing machines Assembly in which the value of the ' non-originating parts' used does not exceed 40% of the value of the finished product , and provided that : (a) at least 50% in value of the parts (') used for the assembly of the head ( motor excluded) are ' originating products', and ( b) the thread tension , crochet and zigzag mechanisms are ' originat­ ing products'

ex Electrical machinery and equipment Assembly in which the value of the Chapter and parts thereof, excluding products parts used does not exceed 40% of the 85 of heading Nos 85.14 and 85.15 value of the finished product

85.14 Microphones and stands therefor ; Assembly in which the value of the loudspeakers ; audiofrequency elec­ ' non-originating parts' used does not tric amplifiers exceed 40% of the value of the finished product, and provided that : (a ) at least 50% in value of the parts( 1 ) used are ' originating products', and ( b) all the transistors are ' originating products'

85.15 Radiotelegraphic and radiotéléphonie Assembly in which the value of the transmission and reception apparatus ; ' non-originating parts' used does radiobroadcasting and television not exceed 40% of the value of the transmission and reception apparatus finished product, and provided that at (including those incorporating gram­ least 50% in value of the parts used mophones) and television cameras ; are ' originating products ' racjio navigational aid apparatus, ra­ dar apparatus and radio remote con­ trol apparatus

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

ex Vehicles, other than railway or tram­ Assembly in which the value of the Chapter way rolling-stock , and parts thereof, parts used does not exceed 40% of the 87 excluding products of heading No value of the finished product 87.09

(') In determining the value of parts, the following must be taken into account : ( a ) in respect of 'originating parts', the first verifiable price paid , or the price which would be paid in case of sale, for the said products on the terrirory of the State where assem­ bly is carried out ; ( b) in respect of other parts, the provisions of Article 4 of the Decision determining : ( i ) the value of imported products. ( ii) the value of products of undetermined origin .

Official Journal of the European Communities 143

List A ( continued)

Products obtained Working or processing that confers Working or processing that does nöt confer the status of 'originating products' the status of ' originating products' CCT when the following conditions are met heading Description No

87.09 Motor-cycles, autocycles and cycles Assembly in which the value of the fitted with an auxiliary motor, with or ' non-originating' parts used does not without side-cars ; side-cars ofall kinds exceed 40% of the finished product, and provided that at least 50% in value of lhe parts used are ' originating pro­ ducts '

ex Optical, photographic, cinematogra­ Assembly in which the value of the Chapter phic, measuring, checking, precision , parts used does not exceed 50% of the 90 medical and surgical instruments and value of the finished, product apparatus and parts thereof, excluding products of heading No 90.05 , 90.07, 90.08 , 90.12 and 90.26

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

90.07 Photographic cameras ; photographic Assembly in which the value of the flashlight apparatus ' non-originating parts' used does not exceed 40% of the value of the finish­ ed product, and provided that least 50% in value of the parts (') used are ' originating products'

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

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

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

ex Clocks and watches and parts thereof, Assembly in which the value of the Chapter excluding products of heading No parts used does not exceed 40% of the 91 91.04 and 91.08 value of the finished product

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

(') In determining the value of parts, the following must be taken into account : . (a) in respect of ' originating parts', the first verifiable price paid , or the price which would be paid in case of sale, for the said products on the terrirory of the State where assem­ bly is carried out ; ( b) in respect of other parts, the provisions of Article 4 of the Decision determining : > (i) the value of imported products, ( 11) the value of products of undetermined origin .

144 Official Journal of the European Communities

List A (continued)

Products obtained Working or processing that confers Working or processing that does not the status of ' originating products' CCT confer the status of 'originating products' when the following conditions are met heading Description No

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

ex Musical instruments ; sound recorders Assembly in which the value of the Chapter and reproducers ; television image and parts used does not exceed 40% of the 92 sound recorders and reproducers, value of the finished product magnetic ; parts and accessories of such articles, excluding products of heading No 92.1 1

92.11 Gramophones, dictating machines Assembly in which the value of the and other sound recorders and repro­ ' non -originating parts' used does not ducers, including recordplayers and exceed 40% of the value of the finish­ tape decks, with or without sound­ ed product, and provided that : heads ; television image and sound re­ (a) at least 50% in value of the parts (') corders and reproducers, magnetic used are ' originating products', and (b) all the transistors are ' originating 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 (including Manufacture in which the value of the brushes of a kind used as parts of products used does not exceed 50% of machines); paint rollers ; squeegees the value of the finished product (other than roller squeegees) and mops

97.03 Other toys ; working models of a kind Manufacture in which the value of the used for recreational purposes 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 the cufflinks, and press-fasteners, includ­ products used does not exceed 50% of ing snap fasteners and press-studs ; the value of the finished product blanks and parts of such articles

98.08 Manufacture in which the value of the Typewriter and similar ribbons, whether or not on spools ; ink-pads, products used does not exceed 50% of with or withöut boxes the value of the finished product

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

(') In determining the value of parts, the following must be taken into account : (a) in respect of 'originating parts', the first verifiable price paid , or the price which would be paid in case of sale, for the said products on the.terrirory of the State where assem­ bly is carried out ; ( b) in respect of other parts, the provisions of Article 4 of the Decision determining : (i ) the value of imported products. lii) the value of products of undetermined origin.

Official Journal of the European Communities 145

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 status of 'originating products' on the products undergoing such operations

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

Incorporation of 'non-originating parts' in machinery or mechanical appliances òf Chapters 84 to 92 does not make such products lose their status of ' originating products', provided that the value of the 'non-originat­ ing' parts used does not exceed 5 % 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 less than 50° Manufacture from alcohol obtained exclusively by di­ stilling cereals and in which the value of the ' non-ori­ ginating products' used does 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 . 1 5 Marble squared by sawing, of a thickness of 25 cm or less Sawing into slabs or sections, polishing, grinding' and cleaning of marble, including marble not further worked than roughly split, roughly squared or squared by saw­ ing, more than 25 cm in thickness

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

ex 25.18 Calcined dolomite ; agglomerated dolomite (including Calcination of 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 Sulphate turpentine, purified Purification, comprising distillation and refining of crude sulphate turpentine

ex 40.01 Slabs 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 in the wool

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

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

ex 50.09 ex 50.10 ex 51.04 ex 53.1 1 Printing accompanied by finishing operations ( bleach­ ex 53.12 ing, dressing, drying, steaming, burling, mending, im­ ex 53.13 Printed fabrics pregnating, sanforizing, mercerizing) of fabrics the value ex 54.05 value of which does not exceed 47-5 % of the value of ex 55.07 the finished product ex 55.08 ex 55.09 ex 56.07

146 Official Journal of the European Communities

List a ( continued)

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

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

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 mag­ a basis of asbestos, or of mixtures with a basis of asbestos nesium carbonate 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. 1 3 Cut glassware (other than articles falling in heáding No Cutting of glassware the value of which does not exceed 70.19) of a kind commonly used for table, kitchen, toilet 50 % of the value of the finished product 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 and semi-precious worked, but not mounted, set or strung (except ungraded stones 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 precious or semi-precious stones or strung (except ungraded stones temporarily strung for convenience of transport)

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

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

ex 71.07 Gold , including platinum-plated gold, semi-manufac­ Rolling, drawing, beating or grinding of unwrought gold , tured including platinum-plated gold

ex 7 1 .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 base Rolling, drawing, beating or grinding of unworked 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 mentioned Processing of alloy steel and high carbon steels in the in heading Nos 73.06 to 73.14 forms mentioned in heading Nos 73.06 to 73. 1 4 involving transfer from one category below to another :

1 . Ingots, blooms, billets, slabs, sheet-bars (including triplate bars) ;

2. Pieces roughly shaped by forging ;

3 . Coils for re-rolling ; universal plates ;

4. Bars and rods (including wire rod and hollow mining 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 copper ( blister copper and other) Smelting of copper matte

Official Journal of the European Communities 147

List Bfcontinued)

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

ex 74.01 Refined copper Fire-refining or electroclystic refining of unrefined cop­ per ( 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) Refining by electrolysis, by fusion or chemically, of nickel mattes, nickel speiss and' other intermediate pro­ ducts of nickel metallurgy

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

ex 81.01 Tungsten, wrought Manufacture from unwrought tungsten

ex 8 1 .02 Molybdenum, wrought · . Manufacture from unwrought molybdenum

ex 81.03 Tantalum, wrought Manufacture from unwrought tantalum

ex 81.04 Other base metals, wrought Manufacture from other base metals, unwrought

84.06 Internal combustion piston engines Assembly in which the value of the parts used does not exceed 40 % of the value of the finished product

ex 84.08 Engines and motors, excluding reaction engines and gas Assembly in which the value of the 'non-originating turbines parts' used does not exceed 40 % of the value of the finished product, and provided that at least 50 % in value of the parts (') used are 'originating products'

ex 84.41 Sewing machines Assembly in which the value of the 'non-originating parts' used does not exceed 40 % of the value of the finished product, and provided that :

(a) at least 50 % in value of the parts( '.) used for assembly of the head ( motor excluded) are 'originating pro­ ducts', and

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

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

ex 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 (excluding whalebone) Manufacture from worked bone (excluding whalebone)

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) (for example, corozo)

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 agglomerated meerschaum

ex 98.1 1 Smoking pipes ; pipe bowls Manufacture from roughly shaped blocks ofwood or root

(') In determining the value of parts, the following must be taken into account : (a) in respect of 'originating parts', the first verifiable price paid, or the price which would be paid in case of sate, for the said products on the territory of the State where assem­ bly is carried out ; . " ( b) in respect of other parts, the provisions of Article 4 of the Decision determining : ( i ) the value of imported products, ( ii) the value of products of undetermined origin .

148 Official Journal of the European Communities

ANNEX IV

LIST C

List of products temporarily excluded from the scope of this Decision

CCT heading Description No

ex 27.07 Assimilated 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 Mineral oils and products of their distillation ; bituminous substances ; mineral to waxes 27.16

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

ex 34.03 Lubricating preparations containing petroleum oils or oils obtained from bitumi­ nous 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

ANNEX V

ARUSHA ASSOCIATION AGREEMENT A.A.1

Movement Certificate

Certificat de Circulation des Marchandises Certificato per la Circolazione delle Merci A 000000 Warenverkehrsbescheinigung Certi caat inzake Goederenverkeer

DECLARATION BY THE EXPORTER

The undersigned a ( Surname and forename or business name and full address of the exporter) being the exporter of the goods described below :

U Gross weight — 0) PACKAGES (') Serial JO (kg) or other Number DESCRIPTION OF GOODS 'S i Marks and measure "I 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)

Observations :

declare that these goods are CUSTOMS ENDORSEMENT

Declaration certified as being in accordance with the supporting and meet the conditions required for the issue ofthis certificate^) : documents submitted, and with the result of the checks carried out .

Member country of destination : Export document :

Form : ' No Place and date of signature Dated

Customs office

( Exporter's signature) Place and date of signature Official Stamp ( Optional entry).

Consignment of - No ( Official's signature)

(') For goods in bulk indicate, as appropriate, the name of the vessel or the number of the railway truck or the registration number of the road goods vehicle. (2) See notes on the back of this sheet .

REQUEST FOR CHECK RESULT OF CHECK

The undersigned Customs official requests a check on the authenticity A check carried out by the undersigned Customs official shows that this and correctness of this certificate movement certificate 1 . was issued by the Customs office indicated, and that the informa­ tion contained therein is accurate('); 2. does not meet the requirements as to authenticity and correctness ( see notes appended) (').

Place and date of signature­ Place and date of signature..

Official Official stump stamp

( Official's signature) ( Official's signature )

(') Delete where not applicable.

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

A movement certificate A.A.I may be endorsed only in respect of those goods which , in the Category 3 exporting member country(*), fall within one of the following categories : Goods obtained in the exporting member country, in the manufacture of which products other than those falling under categories 1 or 2 are used , provided that the said products ( hereinafter Category 1 referred to as ' other products') have undergone working or processing operations Goods wholly obtained in the exporting member country. ( a) which result in the goods being classified under a tariff heading (**) other than the tariff The following shall be considered as wholly obtained in the exporting member country : heading covering each of the ' other products' used, unless the operations carried out appear in (a) mineral products extracted from the ground thereof; list A annexed to the provisions governing the definition of the concept of 'originating products' and the methods of administrative cooperation ; ( b) vegetable products harvested therein ; ( a) which result in the goods being classified under a tariff heading(**) other than the tariff (c) live animals born and raised therein ; heading covering each of the 'other products' used, unless the operations carried out appear in list A annexed to the provisions governing the definition of the concept of (d) products from live animals raised therein ; 'originating products' and the methods of administrative cooperation ; (e) products obtained by hunting or fishing conducted therein ; ( b) or which , although appearing in list A referred to in sub-paragraph ( a), meet the special (0 marine products taken from the sea by its vessels ; conditions laid down in respect of them in the said list A ; (g) scrap and waste resulting from manufacturing operations and used articles, provided that (c) or which do not result in the goods obtained being classified under a tariff heading other they have been collected therein and are fit only for the recovery of raw materials ; than the tariff heading covering each of the ' other products' used , but appear in list B annexed to the provisions governing the definition of the concept of 'originating products' ( h) goods obtained therein exclusively from animals or products referred to in sub-paragraphs and the methods of administrative cooperation . (a) to ( g) or derivatives thereof. Category 4 Goods originally imported from a member country which, on their exportation from such Category 2 country, fell under category 1 , 2 or 3 , and which are re-exported in the same state to another member country. Goods obtained in the exporting member country, in the manufacture of which are used only products originally imported from another member country and which , on their exportation Note : For the purpose of this rule, the member country of origin which should appear on the from such country met the conditions required for obtaining a movement certificate A.A.I , and movement certificate is the member country from which the goods in question were also, where appropriate, products falling under category 1 . originally imported .

II. SCOPE OF MOVEMENT CERTIFICATE A.A.l

The movement certificate A.A.l may be used only if the goods to which it relates arc trans­ However, the following shall not be considered as interrupting direct transport : ported directly from the exporting member country to the importing member country. — calls at ports situated in the territory- of countries not party to the Agreement ; — transhipments in such ports, where these result from force majeure or where they are The following shall be considered as transported directly from the exporting member country consequent upon conditions at sea . to the importing member country : When crossing the territory of countries referred to above, the special conditions laid down ( a) goods transported without passing through the territory of a country not party to the Agreement or without being transhipped in such country ; for the stay in and the transport through such countries must be fulfilled .

( b) goods transported through the territory of one or more countries not party to the Agree­ ment, or transhipped in such countries, if the passage through such countries is covered by a single transport document drawn up in a member country.

HI. RULES FOR MAKING OUT MOVEMENT CERTIFICATE A.A.l

1 . The movement certificate A. A. I must be made out in one of the languages in which the Agree­ 3 . Each item listed on the movement certificate A.A,1 must be preceded by a serial number. A ment is drawn up, and in conformity with the provisions of the national law of the exporting horizontal line must be drawn' immediately below the last item . Any unused space must be member country . struck through in such a manner as to make any addition impossible. 2. Entries on the movement certificate A.A.l shall be typed or handwritten ; in the latter case 4 . Goods must be described in accordance with commercial practice and with sufficient detail it shall be completed in ink and in capital letters. It must contain neither erasures nor words to enable them to be identified . written over one another. Any alterations must be made by deleting the incorrect particulars 5 . The exporter or carrier may include a reference to the transport document in the part of the and by adding whatever corrections may be needed . Any such alteration must be approved certificate reserved for the 'declaration by the exporter'. The exporter or the carrier is also by the person who has completed the certificate and must be endorsed by the customs advised to enter the serial number of the movement certificate A.A.l on the transport docu­ authorities . ment under which the goods are consigned .

IV. EFFECT OF MOVEMENT CERTIFICATE A.A.l

When correctly used the movement certificate A.A.l enables the goods described therein to | The customs authorities of the importing member country may, if they consider it to b benefit in the importing member country from the provisions of the Agreement . necessary, require submission of any other supporting documentary evidence, in particular th I transport documents under which the goods are consigned.

V. TIME-LIMIT FOR SUBMISSION OF MOVEMENT CERTIFICATE A.A.l

The movement certificate A.A.l must be submitted to the office of the importing I member country where the goods arc presented , within five months of the date of its endorse­ ment by the customs authorities of the exporting member country. I

(*) The member countries are : (a) The Member States of the EEC : the Kingdom of Belgium , the Federal Republic of Germany, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands in Europe ; ( b) The Partner States of the East African Community : the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya. (**) Tariff headings shall mean the tariff headings in the Brussels Nomenclature.

ARUSHA ASSOCIATION AGREEMENT - . ^

Movement Certificate

Certificat de Circulation des Marchandises Certificato per la Circolazione delle Merci QOOOOO

Warenverkehrsbescheinigung Certificaat inzake Goederenverkeer

DECLARATION BY THE EXPORTER

The undersigned ( Name and first name, or business name, and full address of the exporter) being the exporter of the goods described below :

PACKAGES Gross weight ( kg) .S jd DESCRIPTION OF GOODS or other measure S | Marks and Number CO 3 C numbers and kind ( hi , m 3, etc)

1 2 3 4 5

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

Observations :

( Declaration by the exporter continues overleaf)

(Declaration by the exporter continued)

DECLARES that these goods were obtained in and fall under category (') listed in Note 1 on the back of the movement certificate A.A.I

SPECIFIES as follows the circumstances which have conferred the status of 'originating products' on the goods(2):

SUBMITS the following supporting documents( 3):

UNDERTAKES to submit, at the request of the appropriate authorities, any additional supporting evidence which these authorities may require for the purpose of issuing this certificate, and undertakes, if required, to agree to any inspection of his accounts and any check on the processes of manufacture of the above goods, carried out by the said authorities.

REQUESTS the issue of a movement certificate A.A.I for these goods.

( Place and date of signature)

( Exporters signature)

(') State the category number and indicate the corresponding sub-paragraph where appropriate. ( 2) To be completed if products imported from another member country, from a third country, or products of undetermined origin have been used in the manufacture of the goods in question . Indicate the products used , their tariff heading, their origin and, where appropriate, the manufacturing processes qualifying the goods as originating in the member country of manufacture (application of List B or of the special conditions laid down in List A), the goods obtained and their tariff heading. If, as a condition for conferring the status of 'originating product' on the goods obtained, the value of the products used may not exceed a certain percentage of the value of these goods, indicate : ( a) for the products used.: — the value for customs purposes, where these products originate in third countries ; - the earliest verifiable price paid for the said products in the territory of the member country in which manufacture takes place, where the products in question are of undetermined origin ; ( b) for the goods obtained : the ex-works price, i.e. the price paid to the manufacturer in whose undertaking the working or processing has been carried out . Where such working or processing has been carried out in two or more undertakings, the price to be taken into account is that paid to the last manufacturer. (') For example, movement certificates A.A.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 same state.

(PART 1 )

ARUSHA ASSOCIATION AGREEMENT LABEL A.A.2 A oooooo

Declaration by the exporter Description of goods

The undersigned, exporter of the goods described here and contained in this postal consignment :

declares that they are in (Exporting member country) and meet the requirements set out on the back of part 2 of this declaration,

undertakes to submit, at the request of the appropriate authorities, any support­ ing evidence which these authorities may require and to agree to apply inspec­ PARCEL tion of his accounts and any check on the processes of manufacure of the goods described here, by these authorities. Observations(') : THE IN Member country of destination :..

Place and date of signature INSERTED BE Authorities in the exporting member country res­ ponsible for checks on declarations by exporters(2) : TO

( Exporter's signature)

Exporter ( Name and first name, or business name, and full address of the exporter)

( !) State the references of any check already earned out by the appropnate authorities. (2) State the appropriate authorities laid down by national provisions.

REQUEST FOR CHECK RESULT OF CHECK

The undersigned Customs official requests a check on the ex­ A check carried out by the undersigned Customs official shows porter's declaration appearing on the front of this form(*). that :

( 1 ) the details given on this form are accurate(');

2) this form does not meet the requirements as to correctness (see notes appended) (').

Place and date of signature Place and date of signature

Official Official Stamp Stamp

( Official's signature) ( Official's signature)

(') Delete where not applicable .

(*) (fhecks on forms A.A.2 are to be carricd out at random and also whenever the Customs authorities of the importing member country have reasonable doubt as to the true origin of the goofds in question or of certain parts thereof. The Customs authorities of the importing member country are to return to the authorities responsible for checking in the exporting member country the form A.A.2 contained in the consignment, giving the formal or substantive reasons for an inquiry. Wherever possible they attach to this form the. invoice which has been presented to them, or a copy thereof, and forward any information which it has been possible to obtain and which suggests that the particulars given on the form A.A.2 are inaccurate. If the Customs authorities of the importing member country decide to suspend execution of the provisions of the Agreement while awaiting the results of the check , they must offer to release the goods to the importer subject to any conservatory measures laid down by the national legislation of such country.

(PANEL 2)

NOTE LABEL A.A.2 A 000000

Description of goods This label (to the right) is to be detached and stuck to the outer packing of the postal packet or parcel .

The exporter must sign the label . He may also stamp it.

(Signature of exporter)

GOODS IN RESPECT OF WHICH A MOVEMENT CERTIFICATE A.A.1 MAY BE ENDORSED OR A FORM A.A.2 MAY BE MADE OUT

A movemnet certificate A. A. I may be endorsed or a form A.A.2 may be made out only in Category 3 respect of those goods which in the exporting member country fall within one of the following categories : Goods obtained in the exporting member country, in the manufacture of which products other than those falling under categories 1 or 2 are used provided that the said products (herein­ after referred to as 'other products') have undergone working or processing operations : Category I ( a) which result in the goods being classified under a tariff heading(**), other than the tariff Goods wholly obtained in the exporting member country. The following shall be considered as wholly obtained in the exporting member country : heading covering each of the 'other products' used, unless the operations carried out appear in list A, annexed to the provisions governing the definition of the concept of 'originating (a) mineral products extracted from the ground thereof; products' and the methods of administrative cooperation ; ( b) vegetable products harvested therein ; ( b) or which although appearing in list A referred to in sub-paragraph (a) meet the special conditions laid down in respect of them in the said list A ; ( c) live animals born and raised therein ; (c) or which do not result in the goods obtained being classified under a tariff heading other (d) products from live animals raised therein ; than the tariff heading covering each of the 'other products' used, but appear in list B annexed to the provisions governing the definition of the concept of 'originating products' (e) products obtained by hunting or fishing conducted therein ; and the methods of administrative cooperation .' (0 marine products taken from the sea by its vessels ; ( g) scrap and waste resulting from manufacturing operations and used articles, provided that they have been collected therein and are fit only for the recovery of raw materials ; ( h) goods obtained therein exclusively from animals or products referred to in sub-paragraphs (a) to ( g) or derivatives thereof. Category 4 Goods onginalle imported from a member country which, on their exportation from such Category 2 country, fell under category 1 , 2 or 3, and which are re-exported in the same state to another member country. Goods obtained in the exporting member country, in the manufacture of which are used only products originally imported from another member country and which , on their exportation Note : For the purpose of this rule, the member country of origin which should appear on the from such country, met the conditions required for obtaining a movement certificate A.A.I , movement certificate is the member country from which the goods in question were and also, where appropriate products falling under category I . originally imported .

(*) The member countries are : (a) The Member States of the EEC : the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands in Europe ; ( b) The Partner States of the East African Community : the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya . (**) Tariff headings shall mean the tariff headings in the Brussels Nomenclature.