SUPPLEMENTARY PROTOCOL A/SP.2/5/79 AMENDING PROTOCOL RELATING TO THE DEFINITION OF THE CONCEPT OF PRODUCTS ORIGINATING FROM MEMBER STATES
 

 

 

THE HIGH CONTRACTING PARTIES,

CONSIDERING the Protocol relating to the definition of products originating from Member States and especially Article II of the Protocol ;

CONVINCED that the concept of ex-factory price before tax derives from the manufacturing process and is therefore a more appropriate factor to be used as the basis for the determination of the contribution of the resources from the Community to the value of a finished product than the concept of FOB price ;

DESIRING to conclude a supplementary Protocol amending the Protocol relating to the definition of products originating from Member States ;

HAVE AGREED AS FOLLOWS :

Rules of Origin of Community Goods
  1. Article II (1 c) of the Protocol is hereby amended to read as follows :

"If the goods have been produced from material of a foreign or undetermined origin and having received in the process of production a value added of at least 35% of the ex-factory price before tax of the finished products" ; and

  1. Article II (3) of the Protocol is amended to read as follows :

"Any conditions of acceptance of goods originating in Member States for Community trade may be reviewed periodically by the Council who shall also determine the elements that constitute the ex-factory price before tax of a finished product and those that constitute value added".

Article II

Deposit and Entry into Force
  1. This supplementary Protocol of rectification shall enter into force upon signature by Heads of State and Government of Member States and definitely upon ratification by at least seven signatory States in accordance with the constitutional procedures applicable for each signatory State.
  2. This Supplementary Protocol and all instruments of ratification shall be deposited with the Executive Secretariat which shall transmit certified true copies of this Supplementary Protocol to all Member States and notify them of the dates of deposit of the instruments of ratification and shall register this Supplementary Protocol with the Organisations of African Unity, the United Nations and such organisations as the Council shall determine.
  3. This Supplementary Protocol shall be annexed to and shall form an integral part of the Treaty.

IN FAITH WHEREOF, WE, THE HEADS OF STATE AND GOVERNMENT OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES HAVE SIGNED THIS SUPPLEMENTARY PROTOCOL.

DONE AT DAKAR, THIS 29TH DAY OF MAY, 1979 IN A SINGLE ORIGINAL IN THE ENGLISH AND FRENCH LANGUAGES BOTH TEXTS BEING EQUALLY AUTHENTIC.

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