Market Access Regulation (MAR)

At a glance

The Market Access Regulation (MAR) provides duty-free and quota-free access to the EU market for products originating in African, Caribbean and Pacific countries which

• do not benefit from the EU's Everything But Arms (EBA) scheme 
• have concluded, but not yet ratified, an Economic Partnership Agreement (EPA) with the EU 

These countries include those in the West African Community, the East African Community and Cameroon. They are referred to here as MAR countries.

Tariffs

Under the MAR, these countries benefit from

• duty-free and quota-free access to the EU market for products originating from eligible ACP countries

Rules of origin

In order to qualify for preferential treatment, your product will need to satisfy the rules of origin under the agreement. Please check the “Rules of Origin Self Assessment tool (ROSA)” in My Trade Assistant to assess whether your product fulfils the rules of origin and find out how to prepare the correct documents.

General information about the rules of origin is available below.

You can find detailed provisions in Appendix 1 of the Market Access Regulation (MAR) (2016/1076)

Origin is the 'economic nationality' of traded goods.  If you are new to the topic, you can find an introduction to the main concepts in the goods section.

Tolerance

Tolerances included in the MAR are more lenient than the standard ones. They amount to 15% of a product’s ex-work price instead of 10%. Specific tolerances apply for textile and clothing.

Cumulation

The MAR provides for the following ways of cumulating origin

• bilateral cumulation with the EU
• diagonal and full cumulation with OCTs and ACP states which are part of the MAR. In this case, the origin of the inputs imported from one OCT or one MAR country to another MAR country should be established on the basis of the rules of origin included in the MAR.
• other types of cumulation, including with South Africa and with neighbouring developing countries

Direct transport

Evidence of the direct transport has to be presented to the customs authorities of the importing country.

Duty drawback

Allows a refund for duties paid on materials which are initially imported by a MAR country for processing and then exported to the EU.

• see the general rule for duty drawback

Vessels conditions

Fish caught beyond the territorial waters of a MAR country can be considered as originating in the MAR country only if caught by vessels which fulfil certain criteria with regard to

1. where the vessel is registered
2. the flag under which it sails
3. its ownership

There is no specific requirement on the nationality of the crew or officers.

Product specific rules of origin

• product specific rules 
• specific easier rules for certain agricultural products

Derogations

At the request of a MAR country, under specific conditions a derogation can be granted to allow eased rules of origin to apply for specific products originating in specific countries. The list of the derogation currently granted in accordance with these provisions is the following

• derogation for Swaziland
• derogation for Kenya

Product requirements

Technical rules and requirements

Use My Trade Assistant to

• learn about the technical requirements, rules and procedures that goods imported into the European Union have to meet
• search for the specific rules and regulations applicable to your product and its country of origin

To view requirements for your product, first identify its customs code. If you do not know the customs code, you can search for it with your product's name in the built-in search engine.

Health and safety requirements, animal and plant health and hygiene

Use My Trade Assistant to

• learn about the health and and animal and plant health and hygiene (sanitary and phytosanitary - SPS) standards that goods imported into the European Union have to meet 
• search for the health, safety and SPS rules applicable to your product and its country of origin 

To view requirements for your product, first identify its customs code. If you do not know the customs code, you can search for it with your product's name in the built-in search engine.

Customs clearance documents and procedures

Proof of origin

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

• 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.

  or

• Invoice declaration issued by
  • any exporter for consignments of €6,000 or less
  • approved exporters for consignments of any value

For cumulation, the proof of origin for imported materials from

• other MAR countries
• the EU
• Overseas Customs Territories 

is provided by

• a movement certificate EUR1 (diagonal cumulation)

  or

• a supplier's declaration (diagonal and full cumulation)

Procedures for cumulation

• the proof of origin is valid for 10 months

Intellectual Property and Geographical Indications

• specific information on EU laws on
  • Intellectual Property Rights
  • Geographical Indications

regarding least developed and developing countries

• general information about Intellectual Property and Geographical Indications

Trade in Services

• the MAR only covers goods not services
• specific information on the EU Services market
• general information on  rules, regulations and facilities on trade in services

Public Procurement

• specific information on the EU market of public procurement
• general information on public procurement laws, rules and access to different procurement markets in the EU

Investment

• specific information on investing in the EU from outside the EU
• general information on investing outside the EU

Useful links and documents

• Market Access Regulation (2016/1076)