Taxonomies
Economic Community of West African States
Protocol A/P1/1/03 Relating to the Definition of the Concept of Products Originating from Member States of the Economic Community of West African States
- Published in official journal 42 on 1 January 2003
- Commenced
- [This is the version of this document at 31 January 2003.]
Article 1 – Definitions
In this Protocol,"Treaty" Means the revised Treaty of the Economic Community of West African States signed in Cotonou on 24 July 1993."Community" means the Economic Community of West African States whose establishment is reaffirmed in Article 2 of the Treaty."Member States" means a Members State of the Community."Authority" means the Authority of Heads of State and Government of the Community established by Article 7 of the Treaty."Council" means the Council of Ministers of the community established by Article 10 of the Treaty."Executive Secretariat" means the Executive Secretariat established by Article 17 of the Treaty."Commission" means the Trade, Customs, Taxation, Statistics, Money and Payments Commission established by Article 22 of the Treaty."Manufacture" means any form of processing or transformation, including assembly or any other special operation."Material" means any ingredient, raw material, component or part used in the manufacture of goods."Product" means a finished product, even if the product is to be used thereafter in the manufacture of another product."Goods" means materials and products."Import Duties" means all customs duties and taxes of equivalent effect levied on goods upon importation."Customs Value" means the value of an article determined in conformity with the 1994 agreement relating to the implementation of Article VII of the General Agreement on Tariffs and Trade (Agreement on the WTO Customs value)."Value of materials" means the customs value at the time of importation of non-originating materials to be used in a process of production or, where such value is not known or cannot be determined, the earliest ascertainable price paid for them in the Member State where they are used in a process of production."Value-added" means the difference, expressed as a percentage, between the ex-factory price of the finished product before tax, and the CIF value of raw materials consumables and packaging of non-ECOWAS origin, used in the manufacture of the final product in the form under which it is released into circulation."Input" means any material, product used in the manufacturing process."Chapters" means the chapters used in the nomenclature of the harmonized system of designation and codification of goods, referred to in this protocol as the "Harmonised System" or "HS"."Sub-headings" means the sub-headings (4 figures) used in the nomenclature of the harmonized system of designation and codification of goods, referred to in this protocol as the "Harmonised System" or "HS"."Classified" means the classification of a product or a material under a particular sub-heading."Consignment" means all the products forwarded at the same time by an exporter to a consignee, or transported under the cover of a single document from an exporter to a consignee, or, in the absence of such a document, under the cover of a single invoice.Article 2 – Rules of origin of community goods
Article 3 – Goods wholly produced in Member States
Article 4 – Operations and processes conferring origin
For the purpose of this protocol, the following operations and processes shall be considered as sufficient to support a claim of origin from a Member State:Where:Article 5 – The concept of originating industrial products
Originating industrial goods shall be those referred to in articles 2 and 3 (j) of this protocol, with the exception of hand-made articles or articles produced without the use of tools, instruments or implements directly operated by the manufacturer.Article 6 – Operations and processes not conferring origin
For the purpose of this Protocol, the following operations and processes shall be considered as insufficient to support a claim that goods originate from a Member State.Article 7 – Goods produced in free zones or under special economic regimes
Goods transformed within the framework of economic or suspensive Customs regimes or certain special regimes involving the suspension or partial or total exemption from Customs duties on inputs shall in no case be considered as originating products.Article 8 – Unit of qualification
Article 9 – Accessories, spare parts and tools
Accessories, spare parts and tools which are imported with a material, machine, appliance or vehicle, and whose price is included in that of the product or for which no separate charge is made, shall be considered as forming a whole with the material, machine, appliance or vehicle under consideration.Article 10 – Proof of origin
Proof of the Community origin of goods shall be supported by a certificate of origin stating the conditions set out in this protocol.However, a certificate of origin shall not be required for agricultural and livestock products as well as hand-made articles or articles produced without the use of tools, instruments or implements directly operated by the manufacturer.The certificate of origin shall be issued by the competent authority designated for that purpose by the Member State of origin and countersigned by the Customs Department of that Member State.Article 11 – Identification of originating industrial products
Originating industrial products shall, where it is technically possible, carry an identification mark on them or on their packaging.Article 12 – Cooperation in administrative procedure
In order to ensure the proper and uniform implementation of this protocol, Member States shall, through the intermediary of their respective administrations and services, give mutual aid and assistance in the authentication of certificates of origin.Article 13 – Settlement of disputes
Article 14
Disputes which remain unresolved by the Member States concerned within the time-limit prescribed in article 13 above shall be brought before the Commission by any of the parties concerned through the intermediary of the Executive Secretariat.Article 15
The Commission shall determine the merits and demerits of the case at its next session, and transmit the dossier of the case to the Council of Ministers Which shall take a decision thereon and inform the parties concerned accordingly.Article 16 – Amendment and revision
Article 17 – Entry into force
Article 18
This protocol repeals and replaces all existing provisions which are incompatible with the above provisions.History of this document
31 January 2003 this version
Consolidation