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Rules of Origin OCTs

Since January 2014 Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision) applies. The EU´srecently reformed Generalised System of Preferences (GSP) forms the basis of this Decision. The GSP rules of origin are the EU´s most modern preferential rules of origin as they simplify or relax the product-specific rules. They will introduce, from 2017, origin certification by registered exporters, also known as self-certification.

The rules of origin proposed for the OCTs go beyond the GSP rules by:

  • simplifying origin certification for small consignments under 10.000 euros.
  • granting extended cumulation possibilities with other EU trade partners. Cumulation will be also possible with all countries that have concluded either an Economic Partnership Agreement or a free-trade agreement with the EU, or countries which benefit from the Generalised System of Preferences.
  • Introducing a facility allowing OCTs to derogate from the rules of origin.
General Provisions

Annex VI of Council decision of 2013/755/EU

Tolerance

Tolerance is fixed at

(a) 15% of the weight of the product for products falling within HS Cchapter 2 and chapters 4 to 24, other than processed fishery products in chapter 16 and

(b) 15% of ex-works price of the product for other products, except for products falling within Chapters 50 to 63. (Article 6 of Annex VI of the Decision)

Cumulation

Cumulation with the Member States of the European Union (Art 7 of Annex VI of the Decision)

Cumulation with EPA countries (Art 8 of Annex VI)

Cumulation with other countries benefiting from duty-free quota-free access to the market of the European Union under the GSP (Art 9 of Annex VI)

Cumulation with the Union’s FTA partner countries (Art 10 of Annex VI)

See also: General rule of Cumulation

Product specific rules of origin

The list of products and working or processing operations which confer originating status can be found in Appendix II of Council Decision 2013/755/EU of 25 November 2013.

Derogations

Upon the initiative of the European Commission or in response to a request from an EU Member State or an OCT, an OCT may be granted a temporary derogation from the provisions of Annex VI.