The Association Agreement between Algeria and the European Community devoted a Protocol 6 to the definition of the concept of originating products.
According to article 2 of Protocol 6, the products considered as products originating in Algeria or in the Community are: the products wholly obtained in Algeria or in the Community and the products obtained in one or the other party and containing materials, which have not been fully obtained,
provided, that the working or processing carried out in Algeria or in the Community
working or processing there beyond the working or processing which are considered insufficient to confer the status native products as packaged with Article 7 of the Protocol. (Download
Given what has been mentioned above, the definition of the concept of origin based on the distinction between two categories of products:
Products wholly obtained
The provisions of Article 6 of the Protocol 6, list all the products considered as wholly obtained in Algeria or in the Community. (Download
Sufficiently worked or processed products
It includes products manufactured in Algeria or in the Community which they are not wholly obtained according to the criteria mentioned in Article 7 due to non-originating materials that have been used in their manufacture. (Download
annex 2 of protocol 6)
These operations are considered insufficient to confer origin for products, whether they fulfill or not the conditions set out in Article 7 of the Protocol 6. They are listed in Article 8 of that Protocol. (Download
The cumulation of origin in the agreement
There are two kinds of cumulation that have been included in Articles 3 and 4 of Title II of Protocol 6
Bilateral cumulation of origin
Article 3 of Protocol 6 provides that the materials originating either in Algeria or in the Community shall be considered as materials originating in Algeria or in the Community when incorporated into a product obtained there.
Cumulation with materials originating in Morocco or Tunisia:
According to Article 4 and 5 of Protocol 6, materials originating in Morocco and Tunisia within the meaning of their association with the Community shall be considered as materials of the origins of the Community and Algeria and it does is not necessary that these materials would have undergone sufficient working or processing, provided, that they have undergone working or processing beyond the insufficient operations listed in Article 8.
The applying condition of the preferential treatment under the Association Agreement:
According to article 14 of Protocol 6, the preferential treatment provided by this Agreement applies only to products fulfilling the conditions of this Protocol those transported directly between Algeria and the Community. It is considered a direct transport when goods are transported from the exporting country to the importing one without passing through the territory of a country not part of the Association Agreement, except in the case of transport by pipe.
The proof of origin
According to Article 17 of Protocol 6, the proof of origin is provided by the means of the production of a movement certificate EUR1. This certificate is issued by the customs authorities of the exporting country upon an application done by the exporter or by an authorized representative and written in one of the languages in which this agreement was written. As in the case of Algeria, this certificate is distributed at the Algerian Chamber of Commerce and Industry along with the regional Chambers of Commerce and Industry and endorsed by the algerian customs authorities. (Download
annex 3 of protocol 6)