For general information on trade and development issues in relation to the ACP States you may consult the websites of DG International Partnerships – INTPA or DG Trade.
Exporters in developing countries may also be interested to visit the Access2Markets website and “My Trade Assistant” which includes ROSA - Rules of Origin Self-Assessment tool.
Economic Partnership Agreements in force
- CARIFORUM-EC Economic Partnership Agreement
- Southern African Development Community-EU Economic Partnership Agreement
- Interim Economic Partnership Agreements:
- Eastern and Southern Africa-EU interim Economic Partnership Agreement
- Pacific-EU interim Partnership Agreement
- Central Africa-EU Economic Partnership Agreement (Cameroon)
- Cote d’Ivoire-EU stepping-stone Economic Partnership Agreement
- Ghana-EU stepping-stone Economic Partnership Agreement
- Kenya-EU- Economic Partnership Agreement
Overview of the valid proofs of origin to be used for imports and exports within the framework of Economic Partnership Agreements with ACP countries.
Overview of the possibilities to apply cumulation in the EU and in the ACP countries in the framework of the respective Economic Partnership Agreements:
CARIFORUM-EC Economic Partnership Agreement
As outlined in the notice OJ L 352 (p. 62) of 31.12.2008 concerning the provisional application of the CARIFORUM-EC EPA, as of 29 December 2008 the rules of origin laid down in Protocol I of the EPA superseded those contained in Annex II of the Market Access Regulation (MAR) regarding exportations from the 14 EPA signatories: Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, the Dominican Republic, Grenada, Guyana, Jamaica, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago.
- Bilateral cumulation can currently be applied in the framework of this agreement.
- Cumulation with neighbouring developing countries can only be decided in the future by the Special Committee on Customs Cooperation and Trade Facilitation upon request from CARIFORUM States.
- There are time limited exclusions from cumulation for rice, sugar and products with high sugar content.
The specific changes in the list rules are in the following chapters: Ex1806, 2007, 2009, 2106, 2202, 2402, chapters 50 to 59, and 8415. Operators may find the text of the CARIFORUM-EC EPA together with the Protocol on rules of origin here: CARIFORUM-EC EPA.
Cumulation
- As from 22 February 2019, the EU may apply the cumulation provided for under Article 3 of Protocol I on rules of origin, subject to the fulfilment of the requirements indicated in paragraph 3(b) of Article 3 of Protocol I, with certain ACP states and with the overseas countries and territories of the EU (see OJ C 69, 22.2.2019, p. 2)
SADC-EU Economic Partnership Agreement
The full EPA with the SADC EPA States started to be provisionally applied as of 10 October 2016 between the EU and five Southern African Development Community (SADC) states: Botswana, Lesotho, Namibia, South Africa and Eswatini. Mozambique ratified the EPA and joined it in February 2018, making the agreement the first regional EPA in Africa to be fully implemented.
Mozambique and Lesotho remain beneficiaries of the ‘Everything But Arms’ scheme under the Generalised System of Preferences of the EU.
Guide on the application of Protocol 1 of the SADC-EU EPA.
Cumulation
- As from 1 October 2018, EU economic operators may apply the cumulation provided for under paragraphs 3 and 7 of Article 4 of Protocol 1 on rules of origin with other ACP EPA States and with the overseas countries and territories of the European Union. This cumulation is also applicable with Ghana as from 1 April 2022 (OJ C 131, 24.3.2022, p.2)
Cumulation in the EU provided for by paragraph 3 of Article 4 of Protocol 1 can not be applied with the materials originating in other ACP EPA States and in the EU’s OCTs listed in notice 2022/C 211/07 of 30 May 2022 (OJ C 211, 30.5.2022, p. 8-95). - As from 1 June 2023, economic operators from the SACU Stats (Botswana, Eswatini, Lesotho, Namibia and South Africa) may apply the cumulation provided for under paragraphs 2 and 6 of Article 4 of Protocol 1 on rules of origin with other SADC EPA States and with Cameroon, Madagascar, Mauritius, Papua New Guinea, Seychelles and Zimbabwe. See Notice 2023/C 316/03 of 6 September 2023 (OJ C 316, 6.9.2023, p. 3)
Cumulation in the SACU States provided for by paragraph 2 of Article 4 of Protocol 1 cannot be applied with materials of originating in South Africa and which cannot be imported into the EU duty-free quota-free listed in Notice 2020/C 156/03 (OJ C 156, 8.5.2020, p.6) - SADC economic operators may apply cumulation provided for in Article 6 of Protocol 1 to the EU-SADC EPA. That cumulation may only be applied to the materials indicated in the Notice 2023/C 107/03 (OJ C 107, 23.3.2023, p.50)
Derogations from the rules of origin that are currently in force:
- Prepared or preserved Albacore tuna of HS heading 1604, manufactured from non-originating Albacore tuna (Thunnus alalunga) of HS Headings 0302 or 0303, granted to Namibia within an annual quota of 800 metric tons. Commission Implementing Regulation (EU) 2017/882 of 23 May 2017 (OJ L 135, 24.5.2017, p. 15)
Interim Economic Partnership Agreements
ESA (Comoros, Madagascar, Mauritius, Seychelles, Zimbabwe)
Following the submission of the instruments of ratification to the Council Secretariat, the interim EPA with Eastern and Southern Africa started to be provisionally applied as of 14 May 2012 between the EU and Mauritius, Madagascar, Seychelles and Zimbabwe. From the same day, the rules of origin set out in Protocol 1 to that agreement replaced those laid down in Annex II to the Market Access Regulation (MAR). The interim agreement has been published in the Official Journal of the EU No L 111 of 24 April 2012 . Comoros has ratified the interim ESA EPA and it is provisionally applying it since 7 February 2019. Although Zambia initialled the interim ESA EPA, it has neither signed nor ratified it yet and therefore its exports to the EU are governed by the Generalised System of Preferences (GSP).
On 14 January 2020, the EPA Committee adopted Decision No 1/2020 amending certain provisions of Protocol 1 (OJ L 93, 27 March 2020, p. 1-194). The amended Protocol 1 enters into force on 31 March 2020 and replaces in its entirety the current text.
The revised Protocol 1 updates the existing protocol by introducing modern provisions, which reflect current trade and economic realities. The main modifications are the introduction of a new rule on ‘accounting segregation’; the replacement of the provision on ‘direct transport’ by a new rule on ‘non-alteration’; the possibility to use, upon notification to the other Party, exclusively invoice declaration by registered exporters as proof of origin. The list of overseas countries and territories contained in Annex IX has also been updated.
As from 1 September 2020, EU exports to the ESA States shall benefit from the preferential tariff treatment provided for in the interim EPA, exclusively, upon submission of invoice declarations made out by exporters registered in the EU’s REX system or by any exporter for any consignment containing originating products whose total value does not exceed EUR 6 000. See Notice 2020/C 176/03.
As from 1 July 2021, imports into the EU of products originating in Zimbabwe shall benefit from the preferential tariff treatment provided for in the interim EPA, exclusively, upon submission of invoice declarations made out by Zimbabwean exporters registered in the EU’s REX system or by any exporter for any consignment containing originating products whose total value does not exceed EUR 6 000. See Notice 2021/C 390/03.
As from 1 January 2023, imports into the EU of products originating in Madagascar shall benefit from the preferential tariff treatment provided for in the interim EPA, exclusively, upon submission of invoice declarations made out by exporters from Madagascar registered in the EU’s REX system or by any exporter for any consignment containing originating products whose total value does not exceed EUR 6 000. See Notice 2023/C 23/04.
As from 1 July 2023, imports into the EU of products originating in Seychelles shall benefit from the preferential tariff treatment provided for in the interim EPA, exclusively, upon submission of invoice declarations made out by exporters from Seychelles registered in the EU’s REX system or by any exporter for any consignment containing originating products whose total value does not exceed EUR 6 000. See Notice 2023/C 145/06.
Cumulation
- As from 12 November 2018, Mauritius may apply the cumulation provided for under Article 4 of Protocol 1 on rules of origin, subject to the fulfilment of the requirements indicated in paragraph 6(b) of Article 4 of Protocol 1, with 12 ACP countries and with the overseas countries and territories of the Kingdom of the Netherlands (OJ C 407. 12.11.2018, p.4)
- As from 22 February 2019, the EU may apply the cumulation provided for under Article 3 of Protocol 1 on rules of origin, subject to the fulfilment of the requirements indicated in paragraph 6(b) of Article 3 of Protocol 1, with certain ACP states and with the overseas countries and territories of the EU (see OJ C 69, 22.2.2019, p. 2)
Derogations from the rules of origin that are currently in force:
- Preserved tuna and tuna loins from the Eastern and Southern Africa States (OJ L 295, 16.11.2022, p. 52) valid from 01.01.2023 until the Protocol 1 remains in force.
PACIFIC (Fiji, Papua New Guinea, Samoa, Solomon Islands)
The Economic Partnership Agreement is applied provisionally between the EU and Papua New Guinea as from 20 December 2009, and between the EU and Fiji as from 28 July 2014. Samoa has approved provisional application as from 31 December 2018 and Solomon Islands has approved provisional application as from 17 May 2020.
The rules of origin applicable are those laid down in Protocol II of the Economic Partnership Agreement between the EC and the Pacific States. These rules superseded those contained in Annex II of the Market Access Regulation regarding exports from Papua New Guinea, Fiji, Samoa and Solomon Islands. The text of the agreement including the applicable rules of origin.
On 13 March 2008, Papua New Guinea has made a notification to the European Commission in accordance with Article 6(6)(b) of Protocol II to the Agreement. The provisions of this paragraph shall be applicable to imports from Papua New Guinea from 14.5.2010 (see OJ C 125, 13.5.2010, p.8).
On 18 May 2020, Solomon Islands made a notification to the European Commission in accordance with Article 6(6)(b) of Protocol II to the Agreement. The provisions of this paragraph shall be applicable to imports from Solomon Islands from 18 September 2020 (see OJ C 308, 17.9.2020, p.2).
Cumulation
- As from 22 February 2019, the EU may apply the cumulation provided for under Article 3 of Protocol II on rules of origin, subject to the fulfilment of the requirements indicated in paragraph 6(b) of Article 3 of Protocol II, with certain ACP states and with the overseas countries and territories of the EU (see OJ C 69, 22.2.2019, p. 2)
Central Africa (Cameroon)
As of 4 August 2014 Cameroon has started to provisionally apply the Economic Partnership Agreement between the EC and Central Africa. In the absence of a protocol on rules of origin in the Agreement, the applicable rules of origin regarding exportations from Cameroon to the EU are those contained in Annex II of the Market Access Regulation (Regulation (EU) 2016/1076). The applicable rules of origin for EU exports to Cameroon are those contained in the Decree No 2016/367 of 3 August 2016: FR.
Côte d'Ivoire
As of 3 September 2016 Côte d'Ivoire started to provisionally apply the stepping stone Economic Partnership Agreement between Côte d'Ivoire, of the one part, and the European Union and its Member States, of the other part. The Parties adopted on 2 December 2019 a common reciprocal Protocol governing the rules origin for exports between the Parties (Decision 2/2019 of the EPA Committee (OJ L 49, 21.2.2020, p. 1).
Exports to Côte d'Ivoire of products originating in the EU shall benefit from the preferential tariff treatment of the stepping-stone EPA upon presentation of an origin declaration made out by any exporter for consignments containing originating products whose total value doesn’t not exceed EUR 6 000, or by exporters registered in the EU’s REX system for consignments containing originating products whose total value exceeds EUR 6 000. In the cases specified in Article 26, originating products shall benefit from the preferential tariff treatment without it being necessary to submit any proof of origin.
As from 2 December 2022 (OJ C 452/06 of 29.11.2022, p.22 ), imports into the EU of products originating in the Côte d'Ivoire shall benefit from the preferential tariff treatment of the stepping-stone EPA upon presentation of:
- an origin declaration made out by:
- any exporter for consignments containing originating products whose total value doesn’t exceed EUR 6 000; or
- by an exporter registered in the EU’s REX system, in accordance with Circular No 2226/MBPE/DGD of 16 November 2022, for consignments containing originating products whose total value exceeds EUR 6 000. See Notice 2023/C 23/04.
- in the cases specified in Article 26, originating products shall benefit from the Agreement without it being necessary to submit any proof of origin.
Cumulation
As from 1 January 2022, EU economic operators may apply the cumulation provided for under paragraphs 1 and 2 of Article 7 of Protocol No 1 on rules of origin with other West African countries, other ACP States and with the overseas countries and territories of the European Union (OJ C 520, 27.12.2021, p.8).
Ivorian economic operators may apply cumulation provided for in Article 6 of Protocol 1 to the Côte d’Ivoire-EU stepping-stone EPA. That cumulation may only be applied to the materials indicated in the Notice 2023/C 107/03 (OJ C 107, 23.3.2023, p.50)
Ghana
As of 15 December 2016 Ghana started to provisionally apply the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Union and its Member States, of the other part. A common reciprocal Protocol governing the rules origin for exports between the Parties is in force since 20 August 2020 (Decision 1/2020 of the EPA Committee, OJ L 350, 21.10.2020, p.1).
Exports to Ghana of products originating in the EU shall benefit from the preferential tariff treatment of the stepping-stone EPA upon presentation of an origin declaration made out by any exporter for consignments containing originating products whose total value doesn’t not exceed EUR 6 000, or by exporters registered in the EU’s REX system for consignments containing originating products which value exceeds EUR 6 000. In the cases specified in Article 26, originating products shall benefit from the preferential tariff treatment without it being necessary to submit any proof of origin.
As from 20 August 2023, see Notices 2023/C 245/06 (OJ C 245, 12.7.2023, p.6) and C/2023/173 (OJ C 173, 11.10.2023) imports into the EU of products originating in the Ghana shall benefit from the preferential tariff treatment of the stepping-stone EPA upon presentation of:
- an origin declaration made out by:
- any exporter for consignments containing originating products whose total value doesn’t exceed EUR 6 000; or
- by an exporter registered in the Ghanaian Integrated Customs Management System (ICUMS) for consignments containing originating products whose total value exceeds EUR 6000.
- in the cases specified in Article 26, originating products shall benefit from the Agreement without it being necessary to submit any proof of origin.
Cumulation
As from 1 February 2022, EU economic operators may apply the cumulation provided for under paragraphs 1 and 2 of Article 7 of Protocol No 1 on rules of origin with other West African countries, other ACP States and with the overseas countries and territories of the European Union (OJ C 35, 24.1.2022, p. 10).
Ghanaian economic operators may apply cumulation provided for in Article 6 of Protocol 1 to the Ghana-EU stepping-stone EPA. That cumulation may only be applied to the materials indicated in the Notice 2023/C 29/02 (OJ C 29, 26.01.2023, p.2).
Kenya (East African Community)
As of 1 July 2024, the EU and Kenya will start the application of the Economic Partnership Agreement.
The EU and Kenya are negotiating a reciprocal protocol on rules of origin. See joint statement on rules of origin. In the absence of a protocol on rules of origin, the applicable rules of origin for importation into the EU of products originating in Kenya are those contained in Annex II of the Market Access Regulation (Regulation (EU) 2016/1076) of the European Parliament and of the Council of 8 June 2016).
Other interim EPAs that have been concluded but not applied yet
- West Africa (Benin, Burkina Faso, Cape Verde, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Togo, ECOWAS and UEMOA)