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Customs and Excise Act, 1964 (Act No. 91 of 1964)

Customs and Excise Rules

Chapter V : Clearance and Origin of Goods: Liability for and payment of duties

Rules for Section 49 of the Act

Agreement on trade, development and co-operation between the European Community and the Republic of South Africa

Part A of the Schedule to general notes to Part 1 of Schedule No.1: Protocol 1: Concerning the definition of the concept of "originating products" and methods of administrative co-operation

 

49A.01

(a) The rules numbered 49A are rules contemplated in section 49(6)(b) in respect of the Agreements on Trade, Development and Co-operation between the European Community and the Republic of South Africa.
(b) Where any rule reflects a number or numbers in brackets after a serial number, for example, 49A.01(5), the number in brackets refers to the Article number or numbers of Protocol 1 entitled "concerning the definition of the concept of "originating products" and methods of administrative co-operation" of the said Agreement to which the rule relates.
(c) Any expression used in these rules with reference to the Protocol or the Agreement shall, unless the context otherwise indicates, have the meaning assigned thereto in the Protocol or provisions of the Act relating to such Protocol or in the said Agreement or in the Notes to Part A of the Schedule to the General Notes to Schedule No. 1.
(d) The expression—
(i) [Rule 49A.01(d)(i) deleted by paragraph (iii) of Notice No. R. 1472 dated 22 December 2017];
(ii) [Rule 49A.01(d)(ii) deleted by paragraph (iii) of Notice No. R. 1472 dated 22 December 2017];
(iii) "Agreement" means the Economic Partnership Agreement between the SADC EPA states, of the one part, and the European Union and its member states, of the other part;
(iv) "Article" refers to the specified numbered article of the Protocol;
(v) "form EUR1" refers to the Movement Certificate EUR1 and includes according to the context, for export purposes, the set of forms comprising the Movement Certificate EUR1, the application form and copy of the application form referred to in rule 49A.16(19), 20(a);

[Rule 49A.01(d)(v) substituted by paragraph (jjj) of Notice No. R. 1472 dated 22 December 2017;

(vi) "goods" as used in these rules means, depending on the context, "goods" or "products" or "materials" as defined in the Protocol;
(vii) "OCT" means Overseas Countries and Territories;
(viii) "producer" means a registered producer contemplated in paragraph (f) and includes a person that breeds and raises any animals, mines any minerals and grows and harvests any products, and depending on the context, any person that manufactures, processes or assembles goods or any combination thereof.

(e)

(i) Subject to section 3(2), any power, duty or function contemplated in section 49(6), is delegated in terms of section 49(6)(b)(vi) to the extent specified in these rules to the manager responsible for the administration of the rules of origin section in Head Office, the Controller or any officer designated to perform such function;
(ii) For the purposes of subparagraph (i) any Officer: Origin Administration or any other officer authorised by the Manager: Origin Administration or by any Controller may exercise any power or duty or function conferred or imposed on customs authorities in the Protocol or on any officer in terms of any other provision of this Act for the purpose of verification of the originating status of goods or the fulfillment of the other requirements of this Protocol.
(f) Registration of exporter and producer

For the purposes of section 49(6) and section 59A—

(i) every exporter and producer of goods to be exported to any of the member states of the European Union shall be registered in accordance with rule 59A.01A(b)(i), and in the case of—
(aa) an exporter, Annexure DA 185.4A2 or the corresponding screen or page of the electronic application must be submitted;
(bb) a producer, Annexure DA 185.4A7 or the corresponding screen or page of the electronic application must be submitted;

[Rule 49A.01(f)(i) substituted by section 16 of Notice No. R.393, GG44506, dated 30 April 2021 - effective 23 April 2021]

(ii) if the exporter is also the producer of the goods concerned, application for registration as exporter, as well as a producer, must be so submitted.

 

49A.01A Transitional arrangements for application of the procedures contemplated in these rules in respect of procedures to which Agreement on Trade, Development and Co-operation between the European Community and the Republic of South Africa (TDCA) specified in rules numbered 49A.01 applied.

[Rule 49A.01A heading substituted by paragraph (lll) of Notice No. R.1472 dated 22 December 2017]

(a) Exporters may, where applicable, apply for a movement certificate EUR1 issued retrospectively in terms of rule 49A.15(16).
(b) Exporters, approved exporters and producers already registered under the TDCA need not register in terms of rule 49A.01(f) and a registration under that TDCA must be regarded as registration for the purposes of the Agreement.

[Rule 49A.01(b) substituted by paragraph (mmm) of Notice No. R.1472 dated 22 December 2017]

(c) Blank EUR1 certificates issued under TDCA may be used for purposes of the Agreement.