{
  "url": "https://openlegislation.uk/eu-decision-2019-2208/attachment-2/article-8",
  "json_url": "https://openlegislation.uk/eu-decision-2019-2208/attachment-2/article-8.json",
  "legislation": "eudn/2019/2208",
  "legislation_title": "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",
  "legislation_url": "https://openlegislation.uk/eu-decision-2019-2208",
  "path": "attachment/2/article/8",
  "kind": "article",
  "number": "8",
  "heading": "Cumulation with other countries benefiting from duty‐free quota‐free access to the market of the European Union",
  "text": "1. Without prejudice to the provisions of Article 2 of this Protocol, materials originating in countries and territories:\n(a) benefiting from the “Special arrangement for least developed countries” of the Scheme of Generalised Tariff Preferences of the European Union; or\n(b) benefiting from duty‐free quota‐free access to the market of the European Union under the general provisions of the Scheme of Generalised Tariff Preferences;\nshall be considered as materials originating in Ghana when incorporated into a product obtained there.\nIt shall not be necessary for these materials to have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 5(1) of this Protocol. If the product into which these materials have been incorporated also includes non‐originating materials, it will have to undergo sufficient working or processing in accordance with Article 4 of this Protocol to be considered as originating in Ghana.\n1.2. The origin of the materials from the other countries or territories concerned shall be established in accordance with the rules of origin applicable under the Scheme of Generalised Tariff Preferences of the European Union and in accordance with the provisions of Article 27 of this Protocol.\n1.3. The cumulation provided for in this paragraph shall not apply to materials:\n(a) which at importation into the European Union are subject to antidumping or countervailing duties when originating from a country which is subject to these antidumping or countervailing duties;\n(b) which are included in tariff subheadings 3302.10 and 3501.10 of the Harmonized System;\n(c) which are included in tuna products classified under Harmonized System Chapter 3 which are covered by the Scheme of Generalised Tariff Preferences of the European Union;\n(d) in respect of which tariff preferences are removed (graduation) or suspended (safeguard clause) under the Scheme of Generalised Tariff Preferences of the European Union.\n2. On the basis of a notification from Ghana, without prejudice to the provisions of Article 2 of this Protocol and in compliance with the provisions of paragraphs 2.1, 2.2 and 5 of this Article, materials originating in countries or territories which are covered by agreements or arrangements that provide for duty‐free quota‐free access to the market of the European Union shall be considered to be materials originating in Ghana. Such notification shall be sent by Ghana to the European Union through the European Commission. Cumulation shall remain applicable as long as the conditions for granting such cumulation are met. It shall not be necessary for such materials to have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 5(1) of this Protocol.\n2.1. The origin of the materials of the countries or territories concerned shall be determined in accordance with the rules of origin applicable in the framework of the European Union’s preferential agreements or arrangements with those countries and territories and in accordance with Article 27 of this Protocol.\n2.2. The cumulation provided for in this paragraph shall not apply to materials:\n(a) falling under Harmonized System Chapters 1 to 24 and the products listed in Annex 1 ‐ paragraph 1.(ii) of the WTO Agreement on Agriculture belonging to the GATT 1994;\n(b) which at importation into the European Union are subject to antidumping or countervailing duties when originating from a country which is subject to these antidumping or countervailing duties;\n(c) which, under a free trade agreement between the European Union and a third country, are subject to trade measures and safeguard measures or any other measure which prevents such products from entering the European Union market on a duty‐free and quota‐free basis.\n3. The European Union shall notify yearly to the Committee the list of materials and countries to which the provisions of paragraph 1 of this Article shall apply. Upon notification, the list shall be published by the European Commission in the Official Journal of the European Union (C series) and by Ghana in accordance with their own procedures. Ghana shall notify yearly to the Committee the materials to which the cumulation provided for in paragraphs 1 and 2 of this Article has been applied.\n4. Movement certificates EUR.1 (in Box 7) or origin declarations issued by application of paragraphs 1 and 2 shall bear the following entry:\n“Application of Article 8.1 or 8.2 of Protocol No. 1 to the Ghana‐EU EPA”.\n5. The cumulation provided for in paragraphs 1 and 2 of this Article may be applied only provided that:\n(a) all the countries involved in the acquisition of the originating status have entered into an arrangement or agreement on administrative cooperation which ensures correct implementation of this Article and includes a reference to the use of appropriate proofs of origin;\n(b) Ghana 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 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2019/2208/attachment/2/article/8",
    "retrieved_at": "2026-11-01T15:12:27.309660+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}