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Summary: |
Ceuta and Melilla are not included in the EU Customs territory.
However, through Article 2 of Protocol 2 of the Act of accession of Spain to the EC, products originating in Ceuta and Melilla imported into the customs territory of the EU and products originating in the customs territory of the EU imported into Ceuta and Melilla are exempt from customs duties. Preferential rules of origin for Ceuta and Melilla are set out in Council Regulation (EC) No. 82/2001 of 5 December 2000 (OJ L 20, 20.01.2001).
In addition, most of the reciprocal free trade agreements between the EU and third countries provide that products originating in those countries, when imported in Ceuta and Melilla, shall enjoy the same customs regime as that which is applied to products originating in the customs territory of the EU and that those countries shall grant to imports of products originating in Ceuta and Melilla the same treatment as that which is granted to products originating from the EU.
Finally, in trade between the customs territory of the EU and Ceuta and Melilla, most of the cumulation systems provided for in reciprocal free trade agreements between the EU and third countries also apply (Articles 3 and 4 of Regulation 82/2001). They also apply to trade between Ceuta and Melilla and those third countries under the rules of origin of these agreements. A key point is that only one cumulation system can be used for each product: e.g. a product obtained in Melilla incorporating materials from Switzerland and Mexico can benefit either from the pan-European cumulation between the EC and Switzerland or from the bilateral cumulation between the EC and Mexico.