How to apply this rule

Article 3.3 (“Wholly obtained products”) of the EU-Japan Economic Partnership Agreement

This rule applies mainly to basic agricultural products, fishery products, minerals, or waste and scrap. 

The complete list of wholly obtained products and related conditions they need to fulfils specific to each free trade arrangement. In the EU-Japan Economic Partnership Agreement it is defined in Article 3.3 as mentioned above.

For example, to be considered as “wholly obtained” animals need to be born and raised in the EU or a partner country of a trade arrangement; products from animals (e.g. milk) need to come from animals raised there; plants need to be grown or harvested there.

In the case of fishery products, the rules of origin make a distinction between:

• fish captured within the territorial sea (12 nautical miles) of the EU or the partner country, which is considered as wholly obtained without additional conditions; and
• fish captured beyond the territorial sea, which is considered as wholly obtained only if the ‘nationality’ of the vessel is ensured, i.e. a vessel sails under a flag of the EU or the partner country of a trade arrangement, is registered in the EU or the partner country and fulfils appropriate ownership criteria.

Please note that in determining whether a product is wholly obtained, you should disregard the origin of:

• neutral elements, meaning equipment and materials used in the production, but not physically incorporated into the final product, such as fuel, tools or machinery,
• packing materials and containers for shipment used during transportation,
• packaging materials used for retail sale when classified with the product
• accessories, spare parts, tools and information materials if they are invoiced and delivered with the product.