# Council Decision (EU) 2019/1355 of 15 July 2019 on the position to be taken on behalf of the European Union in the EPA Committee established under the stepping stone Economic Partnership Agreement between Côte d’Ivoire, of the one part, and the European Community and its Member States, of the other part, as regards the adoption of Protocol 1 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, Article 8: Cumulation with other countries benefiting from duty-free quota-free access to the market of the European Union


1. Without prejudice to Article 2 of this Protocol, materials originating in countries and territories:
(a) benefiting from the ‘special arrangements for least developed countries’ under the EU scheme of generalised tariff preferences (‘the GSP’); or
(b) benefiting from duty-free quota-free access to the market of the European Union under the general provisions of the GSP,
shall be considered as materials originating in Côte d'Ivoire when incorporated into a product obtained there.
It shall not be necessary for such materials to have undergone sufficient working or processing, provided they have undergone working or processing beyond that referred to in Article 5(1) of this Protocol. If it also contains non-originating materials, any product to which these materials are incorporated must undergo sufficient working or processing in accordance with Article 4 of this Protocol in order to be considered as originating in Côte d'Ivoire.
1.2. The origin of the materials from the other countries or territories concerned shall be determined in accordance with the rules of origin applicable under the GSP of the European Union and in accordance with Article 27 of this Protocol.
1.3. The cumulation provided for in this paragraph shall not apply to:
(a) materials which, on importation into the European Union, are subject to antidumping or countervailing duties when originating in a country which is subject to these antidumping or countervailing duties;
(b) materials of tariff subheadings 3302 10 and 3501 10 of the Harmonised System;
(c) materials of tuna products classified in Chapter 3 of the Harmonised System and covered by the GSP of the European Union;
(d) materials in respect of which tariff preferences are removed (graduation) or suspended (safeguard clause) under the GSP of the European Union.
2. Upon notification by Côte d'Ivoire, without prejudice to Article 2 of this Protocol and in accordance with paragraphs 2.1, 2.2 and 5 of this Article, materials originating in countries or territories benefiting from agreements or arrangements providing for duty-free quota-free access to the market of the European Union shall be considered as materials originating in Côte d'Ivoire. The notification shall be transmitted by Côte d'Ivoire to the European Union via the European Commission. Cumulation shall remain applicable until the conditions for granting it are fulfilled. It shall not be necessary for such materials to have undergone sufficient working or processing, provided they have undergone working or processing beyond that referred to in Article 5(1) of this Protocol.
2.1. The origin of the materials of the other countries or territories concerned shall be determined in accordance with the rules of origin applicable under the EU's preferential agreements or arrangements with those countries and territories and in accordance with Article 28 of this Protocol.
2.2. The cumulation provided for in this paragraph shall not apply to:
(a) materials of Chapters 1 to 24 of the Harmonised System or listed in paragraph 1(ii) of Annex 1 to the WTO Agreement on Agriculture included in the GATT 1994;
(b) materials which, on importation into the European Union, are subject to antidumping or countervailing duties when originating in a country which is subject to these antidumping or countervailing duties;
(c) materials which, pursuant to a free trade agreement between the European Union and a third country, are subject to trade measures and safeguard measures or any other measure denying such products duty-free quota-free access to the EU market.
3. The European Union shall notify the Committee each year of the list of materials and countries to which paragraph 1 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. Côte d'Ivoire shall notify the Committee each year of the materials to which the cumulation provided for in paragraphs 1 and 2 of this Article has been applied.
4. Movement certificates EUR.1 (box 7) or origin declarations issued pursuant to paragraphs 1 and 2 of this Article shall bear the following entry:
‘Application de l'art. 8, para. 1 ou 2, du protocole no1 à l'APE Côte d'Ivoire-UE’
5. The cumulation provided for in paragraphs 1 and 2 of this Article may only be applied provided that:
(a) all the countries 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;
(b) Côte d'Ivoire provides the European Union, through the European Commission, with 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) 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.

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Source: https://www.legislation.gov.uk/eudn/2019/1355/attachment/2/article/8 (the official version)
Page: https://openlegislation.uk/eu-decision-2019-1355/attachment-2/article-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.