# Council Decision (EU) 2019/1319 of 25 June 2019 on the position to be taken on behalf of the European Union within the EPA Committee established under the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part, as regards the amendment of certain provisions of Protocol 1 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, Annex II(a) TO PROTOCOL 1: DEROGATIONS FROM THE LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN OBTAIN ORIGINATING STATUS, ACCORDINGLY TO ARTICLE 7(2)

Extent: E+W+S+N.I.

The products mentioned in the list may not all be covered by the Agreement. It is therefore necessary to consult the other parts of the Agreement
Common provisions
1.. For the products described in the table below, the following rules may also apply instead of the rules set out in Annex II.
2.. A proof of origin issued or made out pursuant to this Annex shall contain the following statement in English:
‘Derogation – Annex II(a) of Protocol … - Materials of HS heading No … originating from … used.’
These statements shall be contained in box 7 of movement certificates EUR.1 referred to in Article 18 of the Protocol, or shall be added to the invoice declaration referred to in Article 23 of the Protocol.
3.. The ESA States and the Member States of the Community shall take the measures necessary on their part to implement this Annex.
HS heading
Description of product
Working or processing, carried out on non-originating materials, which confers originating status
ex Chapter 4
Dairy produce,
with a content of materials of Chapter 17 not more than 20 % by weight
Manufacture in which all the materials of Chapter 4 used are wholly obtained
Chapter 6
Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage
Manufacture in which all the materials of Chapter 6 used are wholly obtained
ex Chapter 8
Edible fruit and nuts; peel of citrus fruits or melons,
with a content of materials of Chapter 17 not more than 20 % by weight
Manufacture in which all the materials of Chapter 8 used are wholly obtained
1101
Wheat or meslin flour
Manufacture from materials of any heading except that of the product
Chapter 12
Oil seed, oleaginous fruits; miscellaneous grain, seed, fruit; industrial or medical plants; straw and fodder
Manufacture from materials of any heading except that of the product
1301
Lac natural gums, resins, gum-resins and oleoresins (for example, balsams)
Manufacture in which the value of all the materials of heading 1301 used does not exceed 60 % of the ex-works price of the product
ex 1302
Vegetable saps and extracts; pectics substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:
other than mucilages and thickeners, modified, derived from vegetable products
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
ex 1506
Other animal fats and oils and their fractions, whether or not refined, but not chemically modified;
other than solid fractions
Manufacture from materials of any heading except that of the product
ex 1507 to ex 1515
Vegetable oils and their fractions:
Soya, ground nut, palm, copra, palm kernel, babassu, tung and oiticica oil, myrtle wax and Japan wax, fractions of jojoba oil and oils for technical or industrial uses other than the manufacture of foodstuffs for human consumption
Manufacture from materials of any subheading except that of the product
other than olive oils under headings 1509 and 1510
Manufacture from materials of any heading except that of the product
ex 1516
Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared:
fats and oils and their fractions of hydrogenated castor oil, so called ‘opal wax’
Manufacture from materials classified in a heading other than that of the product
ex Chapter 18
Cocoa and cocoa preparations,
with a content of materials of Chapter 17 not more than 20 % by weight
Manufacture from materials of any heading, except that of the product
ex 1901
Food preparations of flour, groats, meal, starch or malt extract, not containing cocoa in more than 40 % by weight calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of heading 0401 to 0404, not containing cocoa in more than 5 % by weight calculated on a totally defatted basis, not elsewhere specified or included.
with a content of materials of Chapter 17 not more than 20 % by weight
Manufacture from materials of any heading, except that of the product
1902
Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared
containing 20 % or less by weight of meat, meat offal, fish, crustaceans or molluscs
Manufacture in which all the products of Chapter 11 used are originating
containing more than 20 % by weight of meat, meat offal, fish, crustaceans or molluscs
Manufacture in which:
all the products of Chapter 11 used are originating,
all the materials of Chapters 2 and 3 used are wholly obtained
1903
Tapioca and substitutes thereof prepared from starch, in the form of flakes, grains, pearls, sifting or similar forms:
with a content of materials of heading 1108 13 (potato starch) not more than 20 % by weight
Manufacture from materials of any heading, except that of the product
1904
Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included:
with a content of materials of Chapter 17 not more than 20 % by weight
Manufacture:
from materials of any heading, except those of heading 1806,
in which all the products of Chapter 11 used are originating
1905
Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products
Manufacture in which all the products of Chapter 11 used are originating
ex Chapter 20
Preparations of vegetables, fruit, nuts or other parts of plants:
from materials other than those of subheading 0711 51
from materials other than of headings 2002, 2003, 2008 and 2009
with a content of materials of Chapter 17 not more than 20 % by weight
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
ex Chapter 21
Miscellaneous edible preparations:
with a content of materials of Chapters 4 and 17 not more than 20 % by weight
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product
ex Chapter 23
Residues and waste from the food industries; prepared animal fodder:
with a content of maize or materials of Chapters 2, 4 and 17 not more than 20 % on weight
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product

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Source: https://www.legislation.gov.uk/eudn/2019/1319/annex/n4 (the official version)
Page: https://openlegislation.uk/eu-decision-2019-1319/annex-n4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.