Non-alteration rule / Non-manipulation rule

 

Article 3.10 (“Non-alteration”) of the EU - Japan Economic Partnership Agreement

Originating products must be transported from the EU to the partner country (and vice-versa) without being further processed in a third country.

  • In EU preferential trade agreements the non-alteration rule allows the following operations to be conducted in a third country provided the product is kept under customs supervision:
    • any operation designed to preserve goods in good condition
    • the splitting of consignments
    • storage
    • exhibition
    • adding or affixing marks, labels, seals or any other documentation to ensure compliance with specific domestic requirements.
  • The importer is not required to provide proof of non-alteration. Only in case of doubt may the customs authority of the importing Party request the importer to provide the evidence of compliance. This could include:
    • contractual transport documents such as bills of lading
    • factual or concrete evidence based on marking or numbering of packages
    • any evidence related to the goods themselves.
  • If the goods were transported from a feeder vessel and then consolidated with other consignments in a seaport in passage to the EU then there should be a transport document (for example a bill of lading) for each leg of the journey. Likewise, a document that covers the leg from the consolidating port to the EU will not be sufficient because the country of export from where the originating goods have left is not known.
  • For further information please refer to Guidance on preferential rules of origin

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