Specific Elements Related to Origin in the MAR

Here you can find a brief overview of the specific elements of the rules of origin defined in the Market Access Regulation (MAR). Exports from Botswana to the EU can currently benefit from the MAR. The MAR conditions will end in the moment the EU-SADC EPA will enter into force.

Tolerance

Tolerances included in the MAR are more lenient than the standard ones. They mount to 15% in ex-work price of the product, instead of 10%. For textile and clothing specific tolerances apply (cf. Appendix 1). Further information at:  General rule of Tolerance or De Minimis

Cumulation

  • Bilateral cumulation with the EU;
  • Diagonal and full cumulation Cumulation with OCTs and ACP States included in the MAR. The origin of the inputs imported from one OCT or one MAR country to a MAR country should be established on the basis of the Rules of Origin included in the MAR.
  • Cumulation with South Africa. MAR provides for:
    • Diagonal cumulation which means that products originating in South Africa will be considered as originating in MAR countries provided that the processing taking place in the MAR countries goes beyond minimal operations. When considering the final product manufactured in a MAR country, if the value added in the ACP is inferior to the value of the materials originating in South Africa, the product will be considered of South African origin. Some products are excluded temporarily or permanently from this possibility of cumulation
    • Full cumulation will apply between South Africa and other member countries of the SACU (Botswana included) provided that the materials undergo subsequent working or processing in SACU. This type of cumulation will also apply to other ACP states, at their request, when these ACP States are involved in a regional integration agreement.
  • Cumulation amongst neighbouring developing countries: Materials originating in a neighbouring developing country (belonging to a coherent geographical entity) other than an ACP State may be considered as materials originating in the ACP States when incorporated into a product obtained there. For this type of cumulation to apply, it has to be requested by a MAR country. In this case, the Rules of Origin applicable to the inputs coming from the neighbouring countries are the ones of MAR.

Further information at: General rule of Cumulation

Direct Transport

Evidence of the direct transport will have to be brought to the EU customs authorities. Further information at: General rule of Direct transport or Non-Manipulation

Duty Drawback

Duty drawback is authorized. Further information at: General rule of Duty drawback

Tips:

  • More relaxed rules apply to some agricultural product. Check the Appendix 2 of the MAR for details.
English