# Council Decision (EU) 2019/2208 of 9 December 2019 on the position to be taken on behalf of the European Union within the EPA Committee established under the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part, as regards the adoption of Protocol No. 1 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, Article 4: Sufficiently worked or processed products


1. For the purposes of Article 2 of this Protocol, products which are not wholly obtained are 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 which are listed in Annex II‐A to this Protocol can 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 42(2) of this Protocol, Annex II‐A to this Protocol shall apply only to exports from Ghana and for a period of five (5) years from the date when the Protocol enters into force.
3. The conditions referred to in paragraphs 1 and 2 of this Article indicate, for all products covered by this Agreement, the working or processing which must be carried out on non‐originating materials used in manufacturing and apply only in relation to such materials. It follows that if a product which has acquired originating status by fulfilling the conditions set out in one of the lists is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non‐originating materials which may have been used in its manufacture.
4. Notwithstanding 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 should not be used in the manufacture of a given product may nevertheless be used, provided that:
(a) their total value does not exceed 15 per cent of the ex‐works price of the product;
(b) none of the percentages given in the list for the maximum value of non‐originating materials are exceeded through the application of this paragraph.
5. The provisions of paragraph 4 of this Article shall not apply to products of Chapters 50 to 63 of the Harmonized System.
6. Paragraphs 1 to 5 of this Article shall apply subject to the provisions of Article 5 of this Protocol.

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Source: https://www.legislation.gov.uk/eudn/2019/2208/attachment/2/article/4 (the official version)
Page: https://openlegislation.uk/eu-decision-2019-2208/attachment-2/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.