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Rules of Origin

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Legal text of the rules of origin applicable to Georgia (Protocol I of the Association Agreement)

Description

The EU and Georgia signed an Association Agreement and have applied it provisionally since 1 September 2014.

In terms of preferential market access Georgia benefits from GSP+, a special incentive which rewards sustainable development and good governance (GSP+) with advantageous access to the EU market. Given the deep and comprehensive free trade area (DCFTA) the EU and Georgia have established, GSP+ will apply to Georgia until 31 August 2016. This transition period allows business to adjust to the new preferential trade regime provided by the DCFTA.

In terms of Rules of Origin Georgian exporters can optionally apply those for GSP if the preferences used are those of the GSP scheme or, those defined for the free trade area if the preferences used are those of the FTA.

Georgia is also a partner country of the Eastern Partnership within the European Neighborhood Policy. In 2014, the EU and Georgia agreed on the priorities for reform in Georgia (see Association Agenda). The set priorities are based on the new Association Agreement between the EU and Georgia.

Georgia is a member of the World Trade Organisation since 2000.


Rules of Origin

Tolerance

Tolerance is fixed at 10% of the ex-work price of the product for all products, except for textile and clothing, for which specific tolerances in weight or in value will apply (cf. Annex I to Protocol I).

See also: General rule of Tolerance or De Minimis

Cumulation

  • Bilateral cumulation with the EU (see Protocol I, Article 3)
  • Cumulation with Turkey (see Protocol I, Article 3)

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

Duty drawback is not authorized.

See also: General rule of Duty drawback

Vessels conditions

The EU rules of origin make a distinction between fish captured within the territorial seas of the partner country and fish captured beyond. In the first case, the product will be considered as originating without additional conditions. In the second, the product will be considered as originating only if it was captured by vessels:

  • which are registered or recorded in Georgia or in a Member State
  • which sail under the flag of Georgia or of a Member State
  • which are owned to the extent of at least 50 % by nationals of Georgia or of Member States or by a company with its head office in that republic or in one of the Member States, of which the manager or managers, Chairman of the Board of Directors or of the Supervisory Board, and the majority of the members of such boards are nationals of Georgia or of the Member States and of which, in addition, in the case of companies, at least half the capital belongs to Georgia or to the Member States or to public bodies or nationals of Georgia or of the Member States
  • of which the master and officers are nationals of Georgia or of the Member States
  • of which at least 75 % of the crew are nationals of the Georgia or of the Member States

Product specific rules of origin

List of processing which should be carried out on non-originating materials to gain the originating status is included in Protocol I, pages 634-725.


Proofs of Origin

List of processing which should be carried out on non-originating materials to gain the originating status is included in Protocol I, pages 634-725

Under the rules of origin applicable to Georgia in order to benefit from the preferential duty rates, products originating in Georgia must be accompanied by either:

  • a movement certificate EUR.1 (specimen in Annex III to the Protocol on Origin) - issued by the Georgian customs authorities. The exporter applying for the certificate should be prepared to submit documents proving the originating status of the products concerned
  • an invoice declaration by the exporter (specimen in Annex IV to the Protocol on Origin)

For consignments of products originating in Georgia valued €6 000 or less, any exporter can fill out a declaration.

When filling in an invoice declaration, you should be prepared to submit documents proving the originating status of your products.

To make an invoice declaration, you should type, stamp or print the following declaration (in the appropriate language) on the invoice, delivery note or other commercial document:

The exporter of the products covered by this document (customs authorisation No ... ) declares that, except where otherwise clearly indicated, these products are of ... preferential origin

You can find a specimen of the movement certificate as well as the application form for a movement certificate and the different language versions of the origin declaration, including one in Georgian language in Annex IV of Protocol I of the Association Agreement. Check with your customs authorities for any extra requirements they might have.

You must sign your invoice declaration by hand.

Proof of origin remains valid for 4 months