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Article 4 Sufficiently worked or processed products

Original text. Later amendments are not shown.

1.

For the purposes of Article 2 of this Protocol, products which are not wholly obtained shall be considered to be sufficiently worked or processed when the conditions set out in the list in Annex II to this Protocol are fulfilled.

2.

For the purposes of Article 2 of this Protocol, and notwithstanding paragraph 1 of this Article, the products listed in Annex II-A to this Protocol may be considered to be sufficiently worked or processed when the conditions set out in that Annex are fulfilled. Without prejudice to the provisions of Article 43(2) of this Protocol, Annex II-A to this Protocol shall apply only to exports from Côte d'Ivoire, for a period of five (5) years from the date of entry into force of this Protocol.

3.

The conditions referred to in paragraphs 1 and 2 of this Article indicate, for all products covered by the Agreement, the working or processing which must be carried out on non-originating materials used in the manufacturing of these products and apply only to such materials. Accordingly, if a product which has acquired originating status by fulfilling the conditions set out in one of the lists for that product is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated shall not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.

4.

By way of derogation from paragraphs 1 and 2 of this Article, non-originating materials which, in accordance with the conditions set out in Annex II and Annex II-A to this Protocol for a given product, should not be used in the manufacture of that product, may nevertheless be used, provided that:

  1. (a)

    their total value does not exceed 10 % of the ex-works price of the product for products of the European Union, and 15 % of the ex-works price of the product for products of Côte d'Ivoire;

  2. (b)

    none of the percentages given in the list for the maximum value of non-originating materials are exceeded by virtue of the application of this paragraph.

5.

Paragraph 4 of this Article shall not apply to products of Chapters 50 to 63 of the Harmonised System.

6.

Paragraphs 1 to 5 of this Article shall apply subject to Article 5 of this Protocol.