Article 7 Cumulation of origin

Without prejudice to Article 2 of this Protocol, materials originating in one of the parties, in other West African countries^f1 that benef from duty-free and quota-free access to the market of the European Union, in other ACP States which have applied an EPA at least on a provisional basis, or in OCTs shall be considered as materials originating in the other party when incorporated into a product obtained there, provided that working or processing they have undergone in that party goes beyond the operations referred to in Article 5(1) of this Protocol.

Where the working or processing carried out in the party concerned does not go beyond the operations referred to in Article 5(1) of this Protocol, the product obtained shall be considered as originating in that party only if the value added there is greater than the value of the materials used originating in any one of the other countries or territories. If that is not the case, the product obtained shall be considered as originating in the country or territory which accounts for the highest value of originating materials used in the manufacture of the final product.

The origin of the materials originating in other ACP States which have applied an EPA at least on a provisional basis and in OCTs shall be determined in accordance with the rules of origin applicable under the preferential agreements between the European Union and those countries and in accordance with Article 28 of this Protocol.

Without prejudice to Article 2 of this Protocol, working and processing carried out in one of the parties, in other ACP States which have applied an EPA at least on a provisional basis or in OCTs shall be considered as having been carried out in the other party provided that the materials undergo subsequent working or processing going beyond the operations referred to in Article 5(1) of this Protocol.

Where the working or processing carried out in one of the parties does not go beyond the operations referred to in Article 5(1) of this Protocol, the product obtained shall be considered as originating in that party only if the value added there is greater than the value of the materials used in any one of the said countries or territories. If that is not the case, the product obtained shall be considered as originating in the country or territory which accounts for the highest value of materials used in the manufacture of the final product.

The origin of the finished product shall be determined in accordance with the rules of origin of this Protocol and the provisions of Article 28 of this Protocol.

The cumulation provided for in paragraphs 1 and 2 of this Article may be applied in respect of the other countries of West Africa which have duty-free and quota-free access to the European Union market, of the other ACP States which have applied a EPA at least on a provisional basis and of the OCTs only if:

1. (a)

   the receiving party and all the countries or territories involved in the acquisition of the originating status have entered into an arrangement or agreement on administrative cooperation with each other which ensures the correct implementation of this Article and includes a reference to the use of appropriate proof of origin;

2. (b)

   X1Côte d'Ivoire and the European Union provide each other, through the European Commission and the EPA National Commission, with the details of agreements on administrative cooperation with the other countries or territories referred to in this Article. The European Commission shall publish in the Official Journal of the European Union (C series), and Côte d'Ivoire shall publish in accordance with its own procedures, the date on which the cumulation provided for in this Article may be applied with those countries or territories listed in this Article which have fulfilled the necessary requirements.

The cumulation provided for in this Article may only be applied after 1 October 2015 to the products listed in Annex IX of this Protocol, where the materials used in the manufacture of those products are originating or the working or processing takes place in another ACP State which has applied an EPA at least provisionally.

The cumulation provided for in this Article shall not apply to:

1. (a)

   materials of Harmonised System headings 1604 and 1605 originating in the EPA Pacific States pursuant to Article 6(6) of Protocol II to the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part^f2;

2. (b)

   materials of Harmonised System headings 1604 and 1605 originating in the EPA Pacific States pursuant to any future provision of an EPA between the European Union and Pacific ACP States;

3. (c)

   materials originating in the Republic of South Africa which cannot be directly imported into the European Union duty free and quota free.

The European Union shall, every year, notify the Committee of the list of materials to which paragraph 5(c) of this Article applies. Once notification has been given, the list shall be published by the European Commission in the Official Journal of the European Union (C series), and by Côte d'Ivoire in accordance with its own procedures.