South Africa

a) General introduction

Since 1.1.2000 trade relations between the EU and South Africa are governed by the bilateral Trade Development and Co-operation Agreement (TDCA) establishing a free trade area between the EU and South Africa .

b) Legal framework

Protocol No 1 to the Agreement on Trade, Development and Cooperation between the European Community and its Member States , of the one part and the Republic of South Africa , of the other part (OJ L 311, 4.12.1999, p. 298).

c) Specific provisions

NOTICE: These specific provisions only contain information on cases where the rules of the particular arrangement differ from the common provisions, or where these common provisions need to be complemented. Therefore, always check the common provisions too.

Cumulation of origin

Cumulation with EC

Bilateral cumulation is applicable .

Cumulation with ACP States

The provisions relating to this type of cumulation have not yet entered into force, pending the necessary arrangements between South Africa and the ACP States . As soon as these arrangements will be concluded, the following types of cumulation may be applicable:

Diagonal cumulation

When applying this system the products will only obtain South African or EC origin when the value added there exceeds the value of the materials originating in any one of the ACP States. If this is not the case the products shall be considered as originating in the ACP State which accounts for the highest value of originating materials used.

Full cumulation

This system will apply on working and processing of materials carried out within SACU (South African Customs Union, comprising Botswana, Lesotho, Namibia, South Africa and Swaziland) when these materials undergo subsequent working or processing in South Africa.

Minimal operations

The operations that are considered as insufficient working or processing to confer the status of originating products are listed in Article 6 to the Agreement on Trade, Development and Cooperation between the European Community and its Member States , of the one part, and the Republic of South Africa , of the other part (OJ L 311, 4.12.1999 p. 298)

Value tolerance rule

This allows that non-originating materials which, according to the list rules should not be used in the manufacture of a given product, can nevertheless be used provided their value does not exceed:

• 10% of the ex-works price for products falling within Chapters 3 and 24 and HS Headings 1604,1605, 2207 and 2208
• 15% of the ex-works price for other products.

No drawback rule

Drawback is not prohibited.

Proof of origin

• a movement certificate EUR.1 issued by the customs authorities
• a declaration given by an approved exporter or by any exporter provided that the total value of the products does not exceed € 6 000.

Validity of proof of origin

The period of validity for four months.

Exemption from proof of origin

• When the total value of the imported products does not exceed € 500 in the case of small packages or € 1 200 in the case of products forming part of personal luggage.