What is the Market Access Regulation?

This page provides an overview of the specific elements of the rules of origin defined in the Market Access Regulation (MAR)(R.1528/2007 as amended).

MAR provides duty free quota free access to the EU market for products originating in those ACP countries which do not benefit from an Everything But Arms regime and have concluded an Economic Partnership Agreement (EPAs) pending their ratification.

These countries belong to the West African and East African Community regions. Cameroon is also added in this list although it has already ratified an EPA; the reason is that the agreement does not include a protocol on rules of origin, which is currently under negotiation.

Rules of Origin

Tolerance

Tolerances included in the MAR are more lenient than the standard ones. They mount to 15% in ex-work price of the product, instead of 10%. For textile and clothing specific tolerances apply (cf. Appendix 1).

See also: General rule of Tolerance or De Minimis

Cumulation

  • Bilateral cumulation with the EU;
  • Cumulation with OCTs and ACP States included in the MAR
    • MAR provides for diagonal and full cumulation with OCTs and ACP States which are part of the MAR.
    • Within this context, the origin of the inputs imported from one OCT or one MAR country to a MAR country should be established on the basis of the Rules of Origin included in the MAR.

MAR also provides for a possibility of other types of cumulation including with South Africa and with neighbouring developing countries.

See also: General rule of Cumulation

Direct transport

Evidence of the direct transport will have to be brought to the customs authorities of the importing country

See also: General rule of Direct transport or Non-Manipulation

Duty drawback

It means that refund may be claimed for duty paid on materials which were previously imported by a MAR country for further processing and then exported to the EU. This benefits the producer adding value to a product in a MAR country.

See also: General rule of Duty drawback

Vessels conditions

Fish caught beyond the territorial waters of a MAR country can be considered as originating in the MAR country solely when it is caught by vessels which fulfil certain criteria. These criteria refer to the place of registration of a vessel, to the flag under which it "sails" and also to its ownership.

Please note that, under MAR Rules of Origin, there is no specific requirement on the nationality of the crew or officers. These requirements have been removed as compared to the previously applied Cotonou Agreement in order to facilitate the conferring of origin to fish caught by ACP countries.

Due to provisions on cumulation, these different conditions can be fulfilled by different MAR States.

Product specific rules of origin

Product Specific Rules are included in Appendix 2. Nevertheless, some more relaxed rules apply to some agricultural products. These rules can be found in Appendix 2A.

Derogations

At the request of a MAR country, a specific derogation could be granted, under specific conditions, in order to allow more relaxed Rules of Origin to apply for specific products originating in specific countries. The list of the derogation currently granted in accordance with these provisions (ref. art 36 of Annex II to the MAR) is the following:


Proofs of Origin

To qualify for preferential duty rates, products originating in MAR countries must be accompanied by a proof of origin. This can be either:

  • a Movement Certificate EUR 1 - issued by the customs authorities of the exporting country. The exporter (or authorised representative) applying for a certificate must be prepared to submit documents proving the originating status of the products concerned on request, and fulfil the other requirements of the Rules of Origin Protocol.
  • an invoice declaration – issued by any exporter, for consignments valued €6,000 or less, or by approved exporters, for consignments of any value.

Proof of origin remains valid for 10 months.

Please note that in the specific context of cumulation, proof of the origin of the materials imported from other MAR countries, from the EU or from Overseas Countries and Territories is established by a movement certificate EUR1 (diagonal cumulation) or by a supplier's declaration (diagonal and full cumulation) as explained in Article 26 on information procedure for cumulation purposes.