Annex I Definition of the concept of originating products and methods of administrative co-operation

Referred to in Article 5

Title I - General Provisions

Article 1

Definitions

1. For the purposes of this Annex: «chapters» and «headings» means the chapters and the headings (four-digit codes) used in the nomenclature of the Harmonized System; «classified» refers to the classification of a product or material under a particular heading; «consignment» means products which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice; «customs value» means the calculated value determined in accordance with the Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (WTO Agreement on Customs Valuation); «ex-works price» means the price paid for the product ex-works to the manufacturer in an EFTA State or in Mexico in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes returned or repaid when the product obtained is exported; 13«goods» means both materials and products; «Harmonized System» means the Harmonized Commodity Description and Coding System in force, including its general rules and legal notes of section, chapter, heading and subheading, as adopted by the Parties in their respective laws; «manufacture» means any kind of working or processing, including assembly or specific operations; «material» means any ingredient, raw material, component or part, etc., used in the manufacture of the product; «non-originating goods» means products or materials which do not qualify as originating under this Annex; «product» means the product being manufactured, even if it is intended for later use in another manufacturing operation; «value of materials» means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in an EFTA State or in Mexico; «value of originating materials» means the value of originating materials in accordance with the definition of «value of materials» applied mutatis mutandis.

2. Where reference is made to «the customs authorities or the competent governmental authority» it relates to the customs authorities of each EFTA State and the «Secretaría de Comercio y Fomento Industrial» of Mexico, or its successor.

Title II - Definition of the concept of «originating products»

Article 2

Origin Criteria

1. For the purpose of this Agreement, the following products shall be considered as originating in an EFTA State: 14

   1. products wholly obtained in an EFTA State within the meaning of Article 4;

   2. products obtained in an EFTA State incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the EFTA State concerned within the meaning of Article 5; or

   3. products obtained in an EFTA State exclusively from materials that qualify as originating pursuant to this Annex.

2. For the purpose of this Agreement, the following products shall be considered as originating in Mexico:

   1. products wholly obtained in Mexico within the meaning of Article 4;

   2. products obtained in Mexico incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in Mexico within the meaning of Article 5; or

   3. products obtained in Mexico exclusively from materials that qualify as originating pursuant to this Annex.

Article 3

Cumulation of origin

1. Notwithstanding Article 2, materials originating in another Party within the meaning of this Annex shall be considered as materials originating in the Party concerned and it shall not be necessary that such materials have undergone sufficient working or processing there, provided however that the working or processing goes beyond that referred to in Article 6.

2. Products originating in another Party within the meaning of this Annex, and exported from one Party to another in the same state or having undergone in the exporting Party no working or processing going beyond that referred to in Article 6, retain their origin.

3. For the purpose of implementing paragraph 2, where products originating in two or more of the Parties are used and those products have undergone working or processing in the exporting Party not going beyond that referred to in Article 6, the origin is determined by the product with the highest customs value or, if this is not known and cannot be ascertained, with the highest first ascertainable price paid for that product in that Party.

Article 4

Wholly obtained products

1. The following shall be considered as wholly obtained in an EFTA State or in Mexico:

   1. mineral products extracted from their soil or from their seabed;

   2. vegetable products harvested there;

   3. live animals born and raised there;

   4. products from live animals raised there;

   5. products obtained by hunting or fishing conducted there;

   6. products of sea fishing and other products taken from the sea outside the territorial sea of an EFTA State or Mexico by their vessels;

   7. products manufactured aboard their factory ships, exclusively from products referred to in sub-paragraph (f);

   8. used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or for use as waste; 15

   9. waste and scrap resulting from manufacturing operations conducted there;

   10. products extracted from the seabed or beneath the seabed outside their territorial sea, provided that they have sole rights to exploit such seabed; and

   11. products manufactured there exclusively from the products specified in sub-paragraphs (a) to (j).

2. The terms 'their vessels' and 'their factory ships' in paragraph 1 (f) and (g) shall apply only to vessels and factory ships:

   1. which are registered or recorded in an EFTA State or in Mexico;

   2. which sail under the flag of an EFTA State or of Mexico;

   3. which are owned to an extent of at least 50 per cent by nationals of an EFTA State or of Mexico, or by a company with its head office in an EFTA State or of Mexico, of which the manager or managers, Chairman of the Board of Directors or the Supervisory Board, and the majority of the members of such boards are nationals of an EFTA State or of Mexico and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to those states or Mexico or to public bodies, nationals or companies as referred to above of an EFTA State or of Mexico;

   4. of which the master and officers are nationals of EFTA States or of Mexico; and

   5. of which at least 75 per cent of the crew are nationals of EFTA States or of Mexico.

Article 5

Sufficiently worked or processed products

1. For the purposes of Article 2, products which are not wholly obtained are considered to be sufficiently worked or processed when the conditions set out in Appendix 2 are fulfilled. The conditions referred to above indicate, for all products covered by this Agreement, the working or processing which shall be carried out on non-originating materials used in manufacturing and apply only in relation to such materials. Accordingly, it follows that if a product which has acquired originating status, regardless of whether this product has been manufactured in the same factory or in another factory in Mexico or in an EFTA State, by fulfilling the conditions set out in Appendix 2 is used as material in the manufacture of another product, the conditions applicable to such other product do not apply to a product that is used as material, and therefore no account shall be taken of any non-originating materials incorporated into such a product used as a material in the manufacture of another product.

2. Notwithstanding paragraph 1, the products which are not wholly obtained and which are listed in Appendix 2(a) shall be considered to be sufficiently worked or processed, for the purposes of Article 2, when the conditions set out in that Appendix are fulfilled.

3. Notwithstanding paragraph 1, non-originating materials which, according to the conditions set out in Appendix 2, should not be used in the manufacture of a product may nevertheless be used, provided that:

   1. their total value does not exceed 10 per cent of the ex-works price of the product;

   2. any of the percentages given in Appendix 2 for the maximum value of non-originating materials are not exceeded through the application of this paragraph. This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonized System. Appendix 1 shall apply to these products.

4. Paragraphs 1 to 3 shall apply except as provided for in Article 6.

Article 6

Insufficient working or processing operations

1. Without prejudice to paragraph 2, the following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 5 are satisfied:

   1. operations to ensure the preservation of products in good condition during transport and storage (ventilation, spreading out, drying, freezing, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations);

   2. dilution with water or another substance that does not materially alter the characteristics of the product;

   3. simple 16 operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, painting, husking or unshelling, removal of grains and cutting up;

      1. changes of packaging and breaking up and assembly of packages;

      2. simple 17 placing in bottles, flasks, bags, cases, boxes, fixing on cards or boards, etc., and all other simple 18 packaging operations;

   4. affixing marks, labels and other like distinguishing signs on products or their packaging;

   5. cleaning, including the removal of oxide, oil, paint or other coverings;

   6. simple 19 assembly of parts to constitute a complete product;

   7. simple mixing 20 of products, whether or not of different kinds, where one or more components of the mixtures do not meet the conditions laid down in Appendix 2 to enable them to be considered as originating in an EFTA State or Mexico;

   8. a combination of two or more operations specified in subparagraphs (a) to (h); and

   9. slaughter of animals.

2. All operations carried out either in an EFTA State or in Mexico on a given product shall be considered together when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.

Article 7

Unit of qualification

1. The unit of qualification for the application of the provisions of this Annex shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonized System. Accordingly, it follows that:

   1. when a product composed of a group or assembly of articles is classified under a single heading, the whole constitutes the unit of qualification; or

   2. when a consignment consists of a number of identical products classified under the same heading, each product shall be taken individually into account when applying the provisions of this Annex.

2. Where, under General Rule 5 of the Harmonized System, packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.

Article 8

Accounting segregation

1. Where considerable costs or material difficulties are involved in keeping separate stocks of originating and non-originating materials which are identical and interchangeable, the customs authorities or the competent governmental authority may, at the written request of those concerned, authorise the so-called «accounting segregation» method to be used for managing such stocks.

2. This method shall be able to ensure that, for a specific reference-period, the number of products obtained which could be considered as «originating» is the same as that which would have been obtained if there had been physical segregation of the stocks.

3. This method shall be recorded, applied and maintained in accordance with the Generally Accepted Accounting Principles applicable in the Party in which the product is manufactured.

4. The customs authorities or the competent governmental authority may grant such authorisation, subject to any conditions deemed appropriate.

5. The beneficiary of this facilitation may issue or apply for proofs of origin, as the case may be, for the quantity of products which may be con sidered as originating. At the request of the customs authorities or the competent governmental authority, the beneficiary shall provide a statement of how the quantities have been managed.

6. The customs authorities or the competent governmental authority shall monitor the use made of the authorisation and may withdraw it at any time whenever the beneficiary uses it improperly or fails to fulfil any of the other conditions laid down in this Annex.

Article 9

Accessories, spare parts and tools

Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

Article 10

Sets

Sets, as defined in General Rule 3 of the Harmonized System, shall be regarded as originating when all component products are originating. However, when a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 per cent of the ex-works price of the set.

Article 11

Neutral elements

In order to determine whether a product originates, it shall not be necessary to determine the origin of the following which might be used in its manufacture:

1. energy and fuel;

2. plant and equipment, including goods to be used for their maintenance;

3. machines, tools, dies and moulds; and

4. any other goods which do not enter into and which are not intended to enter into the final composition of the product.

Title III - Territorial Requirements

Article 12

Principle of territoriality

1. Except as provided for in Article 3, the conditions set out in Title II shall be fulfilled without interruption in an EFTA State or in Mexico.

2. If originating goods exported from an EFTA State or Mexico to a non-Party are returned, they shall be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

   1. the goods returned are the same goods as those exported; and

   2. they have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.

Article 13

Direct transport

1. The preferential treatment provided for under this Agreement applies only to products satisfying the requirements of this Annex, which are transported directly between an EFTA State and Mexico. However, products constituting one single consignment may be transported through other countries with, should the occasion arise, trans-shipment or temporary warehousing in such countries, provided that they remain under the surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.

2. Evidence that the conditions set out in paragraph 1 have been fulfilled shall be supplied to the customs authorities of the importing Party by the production of:

   1. a single transport document covering the passage from the exporting Party through the country of transit; or

   2. a certificate issued by the customs authorities of the country of transit:

      1. giving an exact description of the products;

      2. stating the dates of unloading and reloading of the products and, where applicable, the names of the ships, or the other means of transport used; and

      3. certifying the conditions under which the products remained in the transit country; or

   3. failing these, any other substantiating documents.

Article 14

Exhibitions

1. Originating products sent for exhibition outside the Parties and sold after the exhibition for importation into an EFTA State or into Mexico shall, on importation benefit from the preferential treatment under this Agreement provided it is shown to the satisfaction of the customs authorities that:

   1. an exporter has consigned these products from an EFTA State or Mexico to the country in which the exhibition is held and has exhibited them there;

   2. the products have been sold or otherwise disposed of by that exporter to a person in an EFTA State or in Mexico;

   3. the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition; and

   4. the products have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition.

2. Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control. The customs authorities of the importing Party may require evidence that the products have remained under customs control in the country of exhibition, as well as additional documentary evidence of the conditions under which they have been exhibited.

3. A proof of origin shall be issued or made out in accordance with the provisions of Title V and submitted to the customs authorities of the importing Party in the normal manner. The name and address of the exhibition must be indicated thereon. In the case of a movement certificate EUR.1, this indication should be inserted in the «Remarks» Box.

Title IV - Drawback or Exemption

Article 15

Prohibition of drawback of, or exemption from, import duties

1. Non-originating materials, used in the manufacture of products originating in an EFTA State or in Mexico within the meaning of this Annex for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in an EFTA State or in Mexico to drawback of, or exemption from, import duties.

2. For the purpose of this Article, the term «import duties» includes customs duties on imports, as defined in Article 6 (4) of this Agreement. However, they shall include anti-dumping and countervailing duties.

3. The prohibition in paragraph 1 shall apply to any arrangement for refund, remission or non-payment, partial or complete, of import duties applicable in an EFTA State or Mexico to materials used in the manufacture, where such refund, remission or non-payment applies, expressly or in effect, when products obtained from such materials are exported and not when they are retained for home use there. 21

4. The exporter of products covered by a proof of origin shall be prepared to submit at any time, upon request from the customs authorities, all appropriate documents proving that no drawback has been obtained in respect of the non-originating materials used in the manufacture of the products concerned and that all import duties applicable to such materials have actually been paid.

5. The provisions of paragraphs 1 to 4 shall also apply in respect of packaging within the meaning of Article 7 (2), accessories, spare parts and tools within the meaning of Article 9 and products in a set within the meaning of Article 10, when such items are non-originating.

6. This Article shall apply as from 1 January 2003.

Title V - Proof of Origin

Article 16

General Requirements

1. Products originating in an EFTA State or in Mexico shall, on importation into another Party benefit from the preferential treatment under this Agreement upon submission of either:

   1. a movement certificate EUR.1, a specimen of which appears in Appendix 3; or

   2. in the cases specified in Article 21 (1), a declaration, the text of which appears in Appendix 4, given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified (hereinafter referred to as the «invoice declaration»).

2. In accordance with Article 24 and the law of the importing Party, the importer shall request preferential treatment at the time of importation of an originating product, whether or not he has a proof of origin. In the case that the importer at the time of importation does not have in his possession a proof of origin, the importer of the product may, in accordance with the law of the importing Party, present the original proof of origin and if required such other documentation relating to the importation of the product at a later stage, within a time limit being for Mexico one year after the time of importation and for the EFTA States at least one year after the time of customs clearance.

3. Notwithstanding paragraph 1, originating products within the meaning of this Annex shall, in the cases specified in Article 26, on importation benefit from the preferential treatment under this Agreement without it being necessary to submit any of the documents referred in paragraph 1.

Article 17

Procedure for the issue of a movement certificate EUR.1

1. A movement certificate EUR.1 shall be issued by the customs authorities or the competent governmental authority of the exporting Party 22 on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorised representative.

2. For this purpose, the exporter or his authorised representative shall fill out both the movement certificate EUR.1 and the application form, a specimen of which appear in Appendix 3. These forms shall be completed in one of the official languages of the Parties or in English in accordance with the provisions of the law of the exporting Party. If they are handwritten, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line shall be drawn below the last line of the description and the empty space must be crossed through.

3. The exporter applying for the issue of a movement certificate EUR.1 shall be prepared to submit at any time, at the request of the customs authorities or the competent governmental authority of the exporting Party issuing the movement certificate EUR.1, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Annex.

4. A movement certificate EUR.1 shall be issued by the customs authorities or competent governmental authority if the products concerned can be considered as products originating in an EFTA State or in Mexico and fulfil the other requirements of this Annex.

5. The issuing customs authorities or the competent governmental authority shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of this Annex. For this purpose, they shall have the right to request for any evidence and to carry out any inspection of the exporter's accounts or any other control considered appropriate. The issuing customs authorities or competent governmental authority shall also ensure that the forms referred to in paragraph 2 are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.

6. The date of issue of the movement certificate EUR.1 shall be indicated in Box 11 of the certificate.

7. A movement certificate EUR.1 shall be issued by the customs authority or the competent governmental authority and made available to the exporter as soon as actual exportation has been effected or ensured.

Article 18

Movement certificates EUR.1 issued retrospectively

1. Notwithstanding Article 17(7), a movement certificate EUR.1 may exceptionally be issued after exportation of the products to which it relates if:

   1. it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances; or

   2. it is demonstrated to the satisfaction of the customs authorities or the competent governmental authority that a movement certificate EUR.1 was issued but was not accepted at importation for technical reasons.

2. For the implementation of paragraph 1, the exporter shall indicate in the application the place and date of exportation of the products to which the movement certificate EUR.1 relates, and state the reasons for his request.

3. The customs authorities or the competent governmental authority may issue a movement certificate EUR.1 retrospectively only after verifying that the information supplied in the exporter's application agrees with that in the corresponding file.

4. Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases: «ÚTGEFI§ EFTIR Á», "NACHTRÄGLICH AUSGESTELLT», "DÉLIVRÉ Á POSTERIORI», "RILASCIATO A POSTERIORI», "ISSUED RETROSPECTIVELY», "UTSTEDT SENERE», "EXPEDIDO A POSTERIORI».

5. The endorsement referred to in paragraph 4 shall be inserted in the «Remarks» Box of the movement certificate EUR.1.

Article 19

Issue of a duplicate movement certificate EUR.1

1. In the event of theft, loss or destruction of a movement certificate EUR.1, the exporter may apply to the customs authorities or the competent governmental authority which issued it for a duplicate made out on the basis of the export documents in their possession.

2. The duplicate issued in this way shall be endorsed with one of the following words: «EFTIRRIT», «DUPLIKAT», «DUPLICATA», «DUPLICATO», «DUPLICATE», «DUPLICADO».

3. The endorsement referred to in paragraph 2 shall be inserted in the «Remarks» Box of the duplicate movement certificate EUR.1.

4. The duplicate, which shall bear the date of issue of the original movement certificate EUR.1, shall take effect as from that date.

Article 20

Issue of movement certificates EUR.1 on the basis of proof of origin issued or made out previously

When originating products are placed under the control of a customs office in an EFTA State or in Mexico, it shall be possible to replace the original proof of origin by one or more movement certificates EUR.1 for the purpose of sending all or some of these products to another Party or elsewhere within the importing Party concerned. The replacement movement certificate(s) EUR.1 shall be issued, in accordance with the law of the importing Party, by the customs office under whose control the products are placed.

Article 21

Conditions for making out an invoice declaration

1. An invoice declaration referred to in Article 16 (1) (b) may be made out:

   1. by an approved exporter within the meaning of Article 22; or

   2. by any exporter for any consignment consisting of one or more packages containing originating products the total value of which does not exceed any of the following amounts:

      1. 6000 euro

      2. 5400 US dollar (USD)

      3. 55000 Mexican pesos (MXP)

      4. 50000 Norwegian kroner (NOK)

      5. 510000 Icelandic kroner (ISK)

      6. 10300 Swiss francs (CHF)

2. An invoice declaration may be made out if the products concerned can be considered as products originating in an EFTA State or in Mexico and fulfil the other requirements of this Annex.

3. An exporter making out an invoice declaration shall be prepared to submit at any time, at the request of the customs authorities or the competent governmental authority of the exporting Party, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Annex.

4. An invoice declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Appendix 4, using one of the linguistic versions set out in that Appendix and in accordance with the provisions of the law of the exporting Party. If the declaration is handwritten, it shall be written in ink in printed characters.

5. Invoice declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 22 shall not be required to sign such declarations, provided that he/she gives the customs authorities or the competent governmental authority of the exporting Party a written undertaking that he/she accepts full responsibility for any invoice declaration which identifies him/her as if it had been signed in manuscript by him/her.

6. An invoice declaration may be made out by the exporter when the products to which it relates are exported, or after exportation.

Article 22

Approved exporter

1. The customs authorities or the competent governmental authority of the exporting Party may authorise any exporter, hereafter referred to as «approved exporter«, who makes frequent shipments of products under this Agreement to make out invoice declarations irrespective of the value of the products concerned. An exporter seeking such authorisation shall offer to the satisfaction of the customs authorities or the competent governmental authority all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Annex.

2. The customs authorities or the competent governmental authority may grant the status of approved exporter subject to any conditions which they consider appropriate.

3. The customs authorities or the competent governmental authority shall grant to the approved exporter an authorisation number which shall appear on the invoice declaration.

4. The customs authorities or the competent governmental authority shall monitor the use of the authorisation by the approved exporter.

5. The customs authorities or the competent governmental authority may withdraw the authorisation at any time. They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, does not fulfil the conditions referred to in paragraph 2 or otherwise makes an incorrect use of the authorisation.

Article 23

Validity of proof of origin

1. A proof of origin shall be valid for ten months from the date of issue in the exporting Party, and shall be submitted within such period to the customs authorities of the importing Party.

2. Proofs of origin which are submitted to the customs authorities of the importing Party after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying for preferential treatment where the failure to submit these documents by the final date set is due to exceptional circumstances.

3. In other cases of belated presentation, the customs authorities of the importing Party may accept the proofs of origin where the products have been submitted before such final date.

Article 24

Submission of proof of origin

Proofs of origin shall be submitted to the customs authorities of the importing Party in accordance with the procedures applicable in that Party. Such authorities may require a translation of a proof of origin and may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions of this Annex.

Article 25

Import by instalments

Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing Party, dismantled or non-assembled products within the meaning of General Rule 2 (a) of the Harmonized System falling within Sections XVI and XVII or heading Nos 7308 and 9406 of the Harmonized System are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.

Article 26

Exemptions from proof of origin

1. Products sent as small packages from private persons to private persons or forming part of travellers' personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Annex and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on customs declaration CN22/CN23 or on a sheet of paper annexed to that document.

2. Imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the products that no commercial purpose is intended.

3. In case of small packages the total value of these products shall not exceed any of the following amounts:

   1. 500 euro

   2. 450 US dollar (USD)

   3. 4600 Mexican pesos (MXP)

   4. 4100 Norwegian kroner (NOK)

   5. 43000 Icelandic kroner (ISK)

   6. 900 Swiss francs (CHF)

4. In case of products forming part of travellers' personal luggage the total value of these products shall not exceed any of the following amounts:

   1. 1200 euro

   2. 1000 US dollar (USD)

   3. 11000 Mexican pesos (MXP)

   4. 10000 Norwegian kroner (NOK)

   5. 100000 Icelandic kroner (ISK)

   6. 2100 Swiss francs (CHF)

   7. Where the value of the goods is invoiced or declared in a currency other than those mentioned in paragraphs 3 and 4 the amount equivalent to the amount expressed in the national currency of the importing Party shall be applied.

Article 27

Supporting documents

The documents referred to in Articles 17 (3) and 21 (3) used for the purpose of proving that products covered by a movement certificate EUR.1 or an invoice declaration can be considered as products originating in an EFTA State or in Mexico and fulfil the other requirements of this Annex may consist of inter alia the following:

1. direct evidence of the processes carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal bookkeeping;

2. documents proving the originating status of materials used, issued or made out in an EFTA State or in Mexico where these documents are used, as provided for in their domestic law;

3. documents proving the working or processing of materials in an EFTA State or in Mexico, issued or made out in an EFTA State or in Mexico where these documents are used, as it shall be provided in its domestic law; or

4. movement certificates EUR.1 or invoice declarations proving the originating status of materials used, issued or made out in an EFTA State or in Mexico in accordance with this Annex.

Article 28

Preservation of proof of origin, and supporting documents

1. The exporter applying for the issue of a movement certificate EUR.1 shall keep for at least three years the documents referred to in Article 17 (3).

2. The exporter making out an invoice declaration shall keep for at least three years a copy of the invoice declaration in question as well as the documents referred to in Article 21 (3).

3. The customs authorities or the competent governmental authority of the exporting Party issuing a movement certificate EUR.1 shall keep for at least three years the application form referred to in Article 17 (2).

4. The customs authorities of the importing Party shall keep for at least three years the movement certificates EUR.1 and the invoice declarations submitted to them.

Article 29

Discrepancies and formal errors

1. The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that such document does correspond to the products submitted.

2. Obvious formal errors such as typing errors on a proof of origin should not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in this document.

Title VI - Arrangements for Administrative Co-operation

Article 30

Mutual assistance

1. The customs authorities of the EFTA States 23 and the competent governmental authority of Mexico 24 shall provide each other, through the EFTA Secretariat, with specimen impressions of stamps used in their customs or competent governmental authority' offices for the issue of movement certificates EUR.1, with information on the composition of the authorisation number for approved exporters, with a specimen of an original movement certificate EUR.1 form and with the addresses of the customs authorities or the competent governmental authority responsible for verifying movement certificates EUR.1 and invoice declarations.

2. In order to ensure the proper application of this Annex, the EFTA States and Mexico shall assist each other, through their respective administrations, to verify the authenticity of the movement certificates EUR.1 or the invoice declarations and the correctness of the information given in these documents.

Article 31

Verification of proofs of origin

1. Subsequent verifications of proofs of origin shall be carried out whenever the customs authorities of the importing Party want to verify the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Annex.

2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the importing Party shall return the movement certificate EUR.1 and the invoice, if it has been submitted, the invoice declaration, or a copy of these documents, to the customs authorities or the competent governmental authority of the exporting Party giving the reasons for the inquiry. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.

3. The verification shall be carried out by the customs authorities or the competent governmental authority of the exporting Party. For this purpose, they shall have the right to request any evidence and to carry out any inspection of the exporter's accounts or any other control considered appropriate.

4. If the customs authorities of the importing Party decide to suspend the granting of preferential treatment to the products covered by the proof of origin concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary, in accordance with their domestic law.

5. The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible. These results shall indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in an EFTA State or in Mexico and fulfil the other requirements of this Annex.

6. If there is no reply within ten months of the date of the verification request or if the reply does not contain sufficient information to be able to determine the authenticity of the document in question or the origin of the products, the requesting customs authorities shall be entitled, save in exceptional circumstances, to refuse to grant preferential treatment.

Article 32

Dispute settlement

1. Disputes arising in relation to the verification procedures pursuant to Article 31, which cannot be settled between the customs authorities requesting a verification and the customs authorities or the competent governmental authority responsible for carrying out such verification, or which raise a question as to the interpretation of this Annex shall be referred to the Sub-Committee on Customs and Origin Matters prior to requesting consultations under Article 72 of this Agreement. The Sub-Committee shall present a report to the Joint Committee containing its conclusions.

2. Disputes between the importer and the customs authorities of the importing Party shall be governed by the law of that Party.

Article 33

Confidentiality

All information which is by nature confidential or which is provided on a confidential basis shall be covered by the obligation of professional secrecy, in accordance with the respective laws of each Party. It shall not be disclosed by the Parties» authorities without the express permission of the person or authority providing it. The communication of information shall be permitted where the customs authorities or competent governmental authority may be obliged or authorised to do so pursuant to the applicable legal provisions, particularly in respect of data protection, or in connection with legal proceedings.

Article 34

Penalties

Penalties shall be imposed on any person who draws up or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining preferential treatment.

Article 35

Free zones

1. The EFTA States and Mexico shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

2. Notwithstanding paragraph 1, when products originating in an EFTA State or in Mexico are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new EUR.1 certificate at the exporter's request, if the treatment or processing undergone is in conformity with the provisions of this Annex.

Title VII - other Provisions

Article 36

Sub-Committee

1. A Sub-Committee of the Joint Committee on Customs and Origin Matters is hereby established.

2. The functions of the Sub-Committee shall be to exchange information, review developments, prepare and co-ordinate positions, prepare technical amendments to the rules of origin and assist the Joint Committee regarding:

   1. rules of origin and administrative co-operation as set out in this Annex;

   2. other matters that are referred to the Sub-Committee by the Joint Committee.

3. The Sub-Committee shall endeavour to resolve as soon as possible any dispute arising in relation to the verification procedures, as referred to in Article 32 (1) of this Annex.

4. The Sub-Committee shall report to the Joint Committee. The Sub-Committee may make recommendations to the Joint Committee on matters related to its functions.

5. The Sub-Committee shall act by consensus. The Sub-Committee shall be chaired alternatively by a representative of an EFTA State or Mexico for an agreed period of time. The chairperson shall be elected at the first meeting of the Sub-Committee.

6. The Sub-Committee shall meet as often as required. It may be convened by the Joint Committee, by the chairperson of the Sub-Committee on his/her own initiative or upon request of any Party. The venue shall alternate between Mexico and an EFTA State.

7. A provisional agenda for each meeting shall be prepared by the chairperson in consultation with all Parties, and forwarded to the Parties, as a general rule, not later than two weeks before the meeting.

Article 37

Explanatory Notes

1. The Parties shall agree on «Explanatory Notes« regarding the interpretation, application and administration of this Annex within the Sub-Committee on Customs and Origin Matters.

2. The Parties shall implement simultaneously the Explanatory Notes so agreed, in accordance with their respective internal procedures.

Article 38

Goods in transit or storage

The provisions of this Agreement may be applied to goods which comply with the provisions of this Annex and which on the date of entry into force of this Agreement are either in transit or are in an EFTA State or in Mexico or, in temporary storage in bonded warehouse under customs control or in free zones, subject to the submission to the customs authorities of the importing Party, within six months of the date, of a certificate EUR.1 endorsed retrospectively by the customs authorities or the competent governmental authority of the exporting Party together with the documents showing that the goods have been transported directly.

Appendix 1 to annex I. Introductory Notes to the List in Appendixes 2 and 2 (a)

Note 1:

The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 5 of Annex I.

Note 2:

1. The first two columns in the list describe the product obtained. The first column contains the Harmonized System heading number or chapter number and the second column contains the description of goods used in that system for that heading or chapter. For each entry in the first two columns, a rule is specified in columns 3 or 4. Where, in some cases, the entry in the first column is preceded by the letters «ex», this means that the rules in columns 3 or 4 apply only to the part of that heading as described in column 2.

2. Where several heading numbers are grouped together in column 1 or a chapter number is given and the description of products in column 2 is therefore given in general terms, the adjacent rules in columns 3 or 4 apply to all products which in the Harmonized System are classified under such headings of the chapter, or in any of the headings grouped together in column 1.

3. Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in columns 3 or 4.

4. Where, for an entry in the first two columns, a rule is specified in both columns 3 and 4, the exporter may opt, as an alternative, to apply either the rule set out in column 3 or that set out in column 4. If no origin rule is given in column 4, the rule set out in column 3 has to be applied.

Note 3:

1. The provisions of Article 5 of Annex I concerning products having acquired originating status which are used in the manufacture of other products apply, regardless of whether such product has been manufactured in the same factory or in another factory in Mexico or in an EFTA State. Example: An engine of heading No 8407, for which the rule states that the value of the non-originating materials which may be incorporated may not exceed 60 per cent of the ex-works price, is made from «other alloy steel roughly shaped by forging» of heading No ex 7224. If this forging has been forged in an EFTA State from a non-originating ingot, it has already acquired originating status by virtue of the rule for heading No ex 7224 in the list. The forging can then count as originating in the value calculation for the engine regardless of whether it was produced in Mexico or in an EFTA State. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.

2. The rule in the list represents the minimum amount of working or processing required and the carrying out of more working or processing also confers originating status; conversely, the carrying out of less working or processing cannot confer originating status. Thus if a rule provides that non-originating material at a certain level of manufacture may be used, the use of such material at an earlier stage of manufacture is allowed and the use of such material at a later stage is not.

3. Without prejudice to Note 3.2 where a rule states that «materials of any heading» may be used, materials of the same heading as the product may also be used, subject, however, to any specific limitations which may also be contained in the rule. However, the expression «manufacture from materials of any heading, including other materials of heading No---...» means that only materials classified in the same heading as the product of a different description than that of the product as given in column 2 of the list may be used.

4. The unit of qualification for the determination of origin is the particular product as classified under the nomenclature of the Harmonized System. It follows that packaging classified with the goods, e.g. the boxes in which a product is packed for presentation for retail sale, must be included as part of the product when determining the origin of the product. Packaging designed only for the transportation of the goods to the Party of importation shall be disregarded. Example: Computers of heading No 8471 have a rule where the value of the non-originating materials used does not exceed 40 per cent of the ex-works price. They are packed in boxes for retail sale and are exported in wooden containers with 10 computers in each container. In order to determine whether the computers comply with the percentage given for the product, the value of the wooden containers should be disregarded. However, the value of the retail packaging shall be included.

5. When a rule in the list specifies that a product may be manufactured from more than one material, this means that any one or more materials may be used. It does not require that all be used. Example: The rule in Appendix 2 for fabrics of heading Nos 5208 to 5212 provides that natural fibres may be used and that chemical materials, among other materials, may also be used. This does not mean that both have to be used; it is possible to use one or the other or both.

6. Where a rule in the list specifies that a product must be manufactured from a particular material, the condition obviously does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule (See also Note 6.2 below in relation to textiles). However, this does not apply to products which, although they cannot be manufactured from the particular materials specified in the list, can be produced from a material of the same nature at an earlier stage of manufacture. Example: The rule for prepared fish of ex Chapter 16 which specifically excludes the use of live fish, fresh, frozen, chilled, etc., or their derivatives of Chapter 3 does not prevent the use of mineral salts, chemicals and other additives which are not products from fish. Example: In the case of an article of apparel of ex Chapter 62 made from non-woven materials with less than 50 per cent of synthetic fibres, if the use of only non-originating yarn is allowed for this class of article, it is not possible to start from non-woven cloth- even if non-woven cloths cannot normally be made from yarn. In such cases, the starting material would normally be at the stage before yarn- that is the fibre stage.

7. Where, in a rule in the list, two percentages are given for the maximum value of non-originating materials that can be used, then these percentages may not be added together. In other words, the maximum value of all the non-originating materials used may never exceed the highest of the percentages given. Furthermore, the individual percentages must not be exceeded in relation to the particular materials they apply to.

Note 4:

1. The term «natural fibres» is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres that have been carded, combed or otherwise processed, but not spun.

2. The term «natural fibres» includes horsehair of heading No 0503, silk of heading Nos 5002 and 5003 as well as the wool fibres, fine or coarse animal hair of heading Nos 5101 to 5105, the cotton fibres of heading Nos 5201 to 5203 and the other vegetable fibres of heading Nos 5301 to 5305.

3. The terms «textile pulp», «chemical materials» and «paper-making materials» are used in the list to describe the materials not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.

4. The term «man-made staple fibres» is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of heading Nos 5501 to 5507.

Note 5:

1. Where for a given product in the list a reference is made to this note, the conditions set out in column 3 shall not apply to any basic textile materials used in the manufacture of this product, which, taken together, represent 8 per cent or less of the total weight of all the basic textile materials used (See also Notes 5.3 and 5.4 below).

2. However, the tolerance mentioned in Note 5.1 may only apply to mixed products which have been made from two or more basic textile materials. The following are the basic textile materials:

   • silk,

   • wool,

   • coarse animal hair,

   • fine animal hair,

   • horsehair,

   • cotton,

   • paper-making materials and paper,

   • flax,

   • true hemp,

   • jute and other textile bast fibres,

   • sisal and other textile fibres of the genus Agave,

   • coconut, abaca, ramie and other vegetable textile fibres,

   • synthetic man-made filaments,

   • artificial man-made filaments,

   • current conducting filaments,

   • synthetic man-made staple fibres of polypropylene,

   • synthetic man-made staple fibres of polyester,

   • synthetic man-made staple fibres of polyamide,

   • synthetic man-made staple fibres of polyacrylonitrile,

   • synthetic man-made staple fibres of polyimide,

   • synthetic man-made staple fibres of polytetrafluoroethylene,

   • synthetic man-made staple fibres of polyphenylene sulphide,

   • synthetic man-made staple fibres of polyvinyl chloride,

   • other synthetic man-made staple fibres,

   • artificial man-made staple fibres of viscose,

   • other artificial man-made staple fibres,

   • yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped,

   • yarn made of polyurethane segmented with flexible segments of polyester whether or not gimped,

   • products of heading No 5605 (metallized yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film,

   • other products of heading No 5605. Example: A yarn of heading No 5205 made from cotton fibres of heading No 5203 and synthetic staple fibres of heading No 5506 is a mixed yarn. Therefore, non-originating synthetic staple fibres that do not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) may be used up to a weight of 8 per cent of the yarn. Example: A woollen fabric of heading No 5112 made from woollen yarn of heading No 5107 and synthetic yarn of staple fibres of heading No 5509 is a mixed fabric. Therefore synthetic yarn which does not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) or woollen yarn that does not satisfy the origin rules (which require manufacture from natural fibres, not carded or combed or otherwise prepared for spinning) or a combination of the two may be used provided their total weight does not exceed 8 per cent of the weight of the fabric. Example: Tufted textile fabric of heading No 5802 made from cotton yarn of heading No 5205 and cotton fabric of heading No 5210 is only a mixed product if the cotton fabric is itself a mixed fabric being made from yarns classified in two separate headings or if the cotton yarns used are themselves mixtures. Example: If the tufted textile fabric concerned had been made from cotton yarn of heading No 5205 and synthetic fabric of heading No 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is accordingly a mixed product.

3. In the case of products incorporating «yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped» this tolerance is 8 per cent in respect of this yarn.

4. In the case of products incorporating «strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of an adhesive between two layers of plastic film», this tolerance is 30 per cent in respect of this strip.

Note 6:

1. In the case of those textile products which are marked in the list by a footnote referring to this note, textile materials, with the exception of linings and interlinings, which do not satisfy the rule set out in the list in column 3 for the made-up product concerned may be used provided that they are classified in a heading other than that of the product and that their value does not exceed 8 per cent of the ex-works price of the product.

2. Without prejudice to Note 6.3, materials which are not classified in Chapters 50 to 63 may be used freely in the manufacture of textile products, whether or not they contain textiles. Example: If a rule in the list provides that for a particular textile item, such as trousers, yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified in Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners even though slide-fasteners normally contain textiles.

3. Where a percentage rule applies, the value of materials which are not classified in Chapters 50 to 63 shall be taken into account when calculating the value of the non-originating materials incorporated.

Note 7:

1. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, the «specific processes» are the following:

   1. vacuum distillation;

   2. redistillation by a very thorough fractionation process1;

   3. cracking;

   4. reforming;

   5. extraction by means of selective solvents;

   6. the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralization with alkaline agents; decolorization and purification with naturally active earth, activated earth, activated charcoal or bauxite;

   7. polymerization;

   8. alkylation;

   9. isomerization.

2. For the purposes of heading Nos 2710, 2711 and 2712, the «specific processes» are the following:

   1. vacuum distillation;

   2. redistillation by a very thorough fractionation process; 25

   3. cracking;

   4. reforming;

   5. extraction by means of selective solvents;

   6. the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralization with alkaline agents; decolorization and purification with naturally active earth, activated earth, activated charcoal or bauxite;

   7. polymerization;

   8. alkylation;

   9. isomerization;

   10. in respect of heavy oils falling of heading No ex 2710 only, desulphurization with hydrogen resulting in a reduction of at least 85 per cent of the sulphur content of the products processed (ASTM D 1266-59 T method);

   11. in respect of products falling of heading No 2710 only, deparaffining by a process other than filtering;

   12. in respect of heavy oils falling of heading No ex 2710 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250° C with the use of a catalyst, other than to effect desulphurization, when the hydrogen constitutes an active element in a chemical reaction. The further treatment with hydrogen of lubricating oils of heading No ex 2710 (e.g. hydrofinishing or decolorization) in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;

   13. in respect of fuel oils falling of heading No ex 2710 only, atmospheric distillation, on condition that less than 30 per cent of these products distil, by volume, including losses, at 300° C by the ASTM D 86 method;

   14. in respect of heavy oils other than gas oils and fuel oils falling of heading No ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.

3. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, simple operations such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur content, any combination of these operations or like operations do not confer origin.

4. Redistillation by a very thorough fractionation process means distillation (other than topping) by a continuous or batch process employed in industrial installations using distillates of subheading Nos 2710 00, 2711 11, 2711 12 to 2711 19, 2711 21 and 2711 29 (other than propane of a purity of 99 per cent or more) to obtain:

   1. Isolated high-purity hydrocarbons (90 per cent or more in the case of olefins and 95 per cent or more in the case of other hydrocarbons), mixtures of isomers having the same organic composition being regarded as isolated hydrocarbons. Only those process by means of which at least three different products are obtained are admissible, but this restriction does not apply in any instance where the process consists in the separation of isomers. In so far this concerns xylenes, ethylbenzene is included with xylene isomers;

   2. Products of subheading Nos 2707 10 to 2707 30, 2707 50 and 2710 00:

      1. with no overlapping of the final boiling point of one fraction and the initial boiling point of the succeeding fraction and a difference of not more than 60°C between the temperatures at which 5 and 90 per cent by the volume (including losses) distil by the ASTM D 86-67 method (re-approved 1972);

      2. with an overlapping of the final boiling point of one fraction and the initial boiling point of the succeeding fraction and a difference of not more than 30°C between the temperatures at which 5 and 90 per cent by volume (including losses) distil by the ASTM D 86-67 method (re-approved 1972).

Appendix 2 to annex I. List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status.

The products mentioned in the list may not all be covered by the Agreement. It is therefore necessary to consult the other parts of the Agreement

Appendix 2(a) to Annex I. List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status

Note 1:

For heading Nos 5111 to 5113, 5208 to 5212, 5309 to 5311, 5407 to 5408, 5512 to 5516, 5801, 5806, 5811, 5903 and Chapter 60 (See also Joint Declaration II to Annex I):

For the products which comply with these rules the following annual aggregated quotas shall apply:

The maximum amount to be allocated within the same heading shall not exceed of 20% of the each annual aggregated quota.

Mexico shall allocate these quotas.

For the purposes of implementation of this note the following phrase shall be inserted in invoice declaration or in Box 7 («Remarks») of the movement certificate EUR.1:

«Meet Note 1 Appendix 2(a)» or in one of the following official languages of the Parties:

CH: «Enspricht Bemerkung 1 von Beilage 2(a)»

«Selon Note 1 Appendice 2(a)»

«Correspond all Nota 1 del Apendice 2(a)»

IS: «Ì samræmi við ákvæði í Notu 1 í Viðauka 2(a)»

MX: «Cumple con la Nota 1 del Apéndice 2(a)»

NO: «Oppfyller Note 1 i Tillegg 2(a)»

Note 2:

For Chapter 61 to 62 and headings Nos 6301 to 6307 and 6309 (See also Joint Declaration III to Annex I):

For the products which comply with these rules the following annual aggregated quotas shall apply:

Mexico shall allocate these quotas.

For the purposes of implementation of this note the following phrase shall be inserted in invoice declaration or in Box 7 («Remarks») of the movement certificate EUR.1:

«Meet Note 2 Appendix 2(a)» or in one of the following official languages of the Parties:

CH: «Enspricht Bemerkung 2 von Beilage 2(a)»

«Selon Note 2 Appendice 2(a)»

«Correspond all Nota 2 del Apendice 2(a)»

IS: «Ì samræmi við ákvæði í Notu 2 í Viðauka 2(a)»

MX: «Cumple con la Nota 2 del Apéndice 2(a)»

NO: «Oppfyller Note 2 i Tillegg 2(a)»

Note 3:

For heading No 6403 (see also Joint Declaration IV to Annex I):

For the products which comply with this rule of origin the following annual aggregated quota shall apply:

Mexico shall allocate these quotas.

For the purposes of implementation of this note the following phrase shall be inserted in invoice declaration or in Box 7 («Remarks») of the movement certificate EUR.1:

«Meet Note 3 Appendix 2(a)» or in one of the following official languages of the Parties:

CH: «Enspricht Bemerkung 3 von Beilage 2(a)»

«Selon Note 3 Appendice 2(a)»

«Correspond all Nota 3 del Apendice 2(a)»

IS: «Ì samræmi við ákvæði í Notu 3 í Viðauka 2(a)»

MX: «Cumple con la Nota 3 del Apéndice 2(a)»

NO: «Oppfyller Note 3 i Tillegg 2(a)»

Quota allocation:

For the purposes of Note 1 to 3, the tariff quotas will be allocated and managed by the competent governmental authority of Mexico 26.

The quotas will be allocated on a «first come, first served» system. The interested person in the quotas, shall provide to the competent governmental authority 27 the invoice, pro-forma invoice or Bill of Lading to request part of the quota.

The competent governmental authority 28 will provide a certificate of eligibility as a proof of the granted quota. The exporter or importer shall present, when requested by the customs authority, the certificate of eligibility and a proof of origin to obtain the preferential treatment.

Appendix 3 to annex I

Movement certificate EUR.1 and application for a movement certificate EUR.1

1. Each form shall measure 210 x 297 mm; a tolerance of up to minus 5 mm or plus 8 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighting not less than 25 g/m². It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

2. A movement certificate EUR.1 may be printed in any of the official languages of the Parties or in English. In the case of the EFTA States, the customs authorities, in the case of Mexico, the competent governmental authority, may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.

3. In the case of a movement certificate issued in an EFTA State, each product described in Box 8 must include the tariff classification number at least at tariff heading (4 digit code) level. In the case of Mexico, this condition is referred to in note 2 of the certificate.

In the case of Mexico, the specimen of Movement Certificate EUR.1 shall be:

Movement certificate EUR.1

¹ If goods are not packed, indicate number of articles or state «in bulk» as appropriate.

² Includes the tariff classification of the good at a heading (4 digits code) level.

³ Complete only where the regulations of the exporting country or territory require.

Notes

1. Certificates must not contain erasures or words written over one another. Any alterations must be made by deleting the incorrect particulars and adding any necessary corrections. Any such alteration must be initialled by the person who completed the certificate and endorsed by the Customs authority or the competent governmental authority of the issuing country or territory.

2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner as to mark any later additions impossible.

3. Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified.

Application for a movement certificate

¹ If goods are not packed, indicate number of articles or state «in bulk» as appropriate.

² Includes the tariff classification of the good at a heading (4 digits code) level.

Declaration by the exporter

I, the undersigned, exporter of the goods described overleaf,

DECLARE that the goods meet the conditions required for the issue of the attached certificate;

SPECIFY as follows the circumstances which have enabled these goods to meet the above conditions:

...................................................................

...................................................................

...................................................................

...................................................................

SUBMIT the following supporting documents¹):

...................................................................

...................................................................

...................................................................

...................................................................

UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which these authorities may require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspection of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said authorities;

REQUEST the issue of the attached certificate for these goods.

...................................................................

(place and date)

...................................................................

(signature)

¹) For example: import documents, movement certificates, invoices, manufacturer's declaration, etc., referring to the products used in manufacture or to the goods re-exported in the same state.

In the case of the EFTA States, the specimen of Movement Certificate EUR.1 shall be:

Movement certificate EUR.1

¹ If goods are not packed, indicate number of articles or state «in bulk» as appropriate.

² Complete only where the regulations of the exporting country or territory require.

Notes

1. Certificates must not contain erasures or words written over one another. Any alterations must be made by deleting the incorrect particulars and adding any necessary corrections. Any such alteration must be initialled by the person who completed the certificate and endorsed by the Customs authorities of the issuing country or territory.

2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner as to mark any later additions impossible.

3. Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified.

Application for a movement certificate

¹ If goods are not packed, indicate number of articles or state «in bulk» as appropriate.

Declaration by the exporter

I, the undersigned, exporter of the goods described overleaf,

DECLARE that the goods meet the conditions required for the issue of the attached certificate;

SPECIFY as follows the circumstances which have enabled these goods to meet the above conditions:

...................................................................

...................................................................

...................................................................

...................................................................

SUBMIT the following supporting documents¹):

...................................................................

...................................................................

...................................................................

...................................................................

UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which these authorities may require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspection of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said authorities;

REQUEST the issue of the attached certificate for these goods.

...................................................................

...................................................................

(place and date)

...................................................................

(signature)

¹) For example: import documents, movement certificates, invoices, manufacturer's declarations, etc., referring to the products used in manufacture or to the goods re-exported in the same state.

Appendix 4 to annex I. Invoice Declaration

The invoice declaration, the text of which is set out below, must be drawn up in accordance with the respective footnotes. The footnotes do not have to be reproduced.

English version

The exporter of the products covered by this document (customs or competent governmental authorisation No ... 29) declares that, except where otherwise clearly indicated, these products are of...preferential origin 30

French version

L'exportateur des produits couverts par le présent document (autorisation douanière ou de l'autorité gouvernementale compétente no 31) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle ... 32

German version

Der Ausführer (Ermächtigter Ausführer; Bewilligung der Zollbehörde oder der zuständigen Regierungsbehörde Nr. ... 33), der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nichts anders angegeben, präferenzbegünstigte Ursprungswaren ... 34 sind

Icelandic version

Útflytjandi framleiðsluvara sem skjal þetta tekur til (leyfi hæfra tollyfirvalda nr. ... 35), lysir því yfir að vörurnar séu, ef annars er ekki greinilega getið, af ... 36 fríðindauppruna.

Italian version

L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale o dell'autorità governativa competente n. ... 37) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale... 38

Spanish version

El exportador de los productos incluidos en el presente documento (autorización aduanera o de la autoridad gubernamental competente no ... 39) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial ... 40

Norwegian version

Eksportøren av produktene omfattet av dette dokument (tollmyndighetenes eller kompetent offentlig myndighets autorisasjonsnr. ... 41) erklærer at disse produktene, unntatt hvor annet er tydelig angitt, har ... 42 preferanseopprinnelse.

................................................................... 43

(place and date)

................................................................... 44

(signature)

(signature of the exporter; in addition the name of the person signing the declaration has to be indicated in clear script)

Annex III Fish and other marine products

Referred to in Article 4

Article 1

Fish and other marine products listed in Table 1 below are covered by the provisions of this Agreement, except as otherwise provided for in this Annex.

Article 2

On the date of entry into force of this Agreement the EFTA States shall eliminate all customs duties on imports of products listed in Table 1 originating in Mexico, except as specified in Article 3 of this Annex.

Table 1

Article 3

1. Switzerland, including the territory of Liechtenstein, may maintain customs duties on imports of products listed in Table 2 originating in Mexico.

Table 2

1. Customs duties on imports into Switzerland, including the territory of Liechtenstein, of products listed in Table 2 originating in Mexico shall be reduced provided that the conditions set in Articles 5 and 6 of this Annex are fulfilled.

Article 4

1. All customs duties on imports into Mexico of products listed in Table 3 originating in an EFTA State shall be eliminated according to the dismantling schedules provided for in paragraphs 2, 3, 4, 5, 6 and 7.

2. On the date of entry into force of this Agreement, all customs duties on imports into Mexico of products originating in an EFTA State listed under category «1» in Table 3 shall be eliminated.

3. Customs duties on imports into Mexico of products originating in an EFTA State listed under category «2»in Table 3 shall be eliminated in accordance with the following schedule:

   1. on the date of entry into force of this Agreement, each duty shall be reduced to 75 per cent of the basic duty;

   2. one year after the date of entry into force of this Agreement, each duty shall be reduced to 50 per cent of the basic duty;

   3. two years after the date of entry into force of this Agreement, each duty shall be reduced to 25 per cent of the basic duty; and

   4. three years after the date of entry into force of this Agreement, the remaining duties shall be completely eliminated.

4. Customs duties on imports into Mexico of products originating in an EFTA State listed under category «3»in Table 3 shall be eliminated in accordance with the following schedule:

   1. on the date of entry into force of this Agreement, each duty shall be reduced to 89 per cent ofthe basic duty;

   2. one year after the date of entry into force of this Agreement, each duty shall be reduced to 78 per cent of the basic duty;

   3. two years after the date of entry into force of this Agreement, each duty shall be reduced to 67 per cent of the basic duty;

   4. three years after the date of entry into force of this Agreement, each duty shall be reduced to 56 per cent of the basic duty;

   5. four years after the date of entry into force of this Agreement, each duty shall be reduced to 45 per cent of the basic duty;

   6. five years after the date of entry into force of this Agreement, each duty shall be reduced to 34 per cent of the basic duty;

   7. six years after the date of entry into force of this Agreement, each duty shall be reduced to 23 per cent of the basic duty;

   8. seven years after the date of entry into force of this Agreement, each duty shall be reduced to 12 per cent of the basic duty; and

   9. eight years after the date of entry into force of this Agreement, the remaining duties shall be completely eliminated.

5. Customs duties on imports into Mexico of products originating in an EFTA State listed under category «4a»in Table 3 shall be eliminated in accordance with the following schedule:

   1. on the date of entry into force of this Agreement, each duty shall be reduced to 90 per cent of the basic duty;

   2. one year after the date of entry into force of this Agreement, each duty shall be reduced to 80 per cent of the basic duty;

   3. two years after the date of entry into force of this Agreement, each duty shall be reduced to 70 per cent of the basic duty;

   4. three years after the date of entry into force of this Agreement, each duty shall be reduced to 60 per cent of the basic duty;

   5. four years after the date of entry into force of this Agreement, each duty shall be reduced to 50 per cent of the basic duty;

   6. five years after the date of entry into force of this Agreement, each duty shall be reduced to 40 per cent of the basic duty;

   7. six years after the date of entry into force of this Agreement, each duty shall be reduced to 30 per cent of the basic duty;

   8. seven years after the date of entry into force of this Agreement, each duty shall be reduced to 20 per cent of the basic duty;

   9. eight years after the date of entry into force of this Agreement, each duty shall be reduced to 10 per cent of the basic duty; and

   10. nine years after the date of entry into force of this Agreement, the remaining duties shall be completely eliminated.

6. Customs duties on imports into Mexico of products originating in an EFTA State listed under category «4» in Table 3 shall be eliminated in accordance with the following schedule:

   1. three years after the date of entry into force of this Agreement, each duty shall be reduced to 87 per cent of the basic duty;

   2. four years after the date of entry into force of this Agreement, each duty shall be reduced to 75 per cent of the basic duty;

   3. five years after the date of entry into force of this Agreement, each duty shall be reduced to 62 per cent of the basic duty;

   4. six years after the date of entry into force of this Agreement, each duty shall be reduced to 50 per cent of the basic duty;

   5. seven years after the date of entry into force of this Agreement, each duty shall be reduced to 37 per cent of the basic duty;

   6. eight years after the date of entry into force of this Agreement, each duty shall be reduced to 25 per cent of the basic duty;

   7. nine years after the date of entry into force of this Agreement, each duty shall be reduced to 12 per cent of the basic duty; and

   8. ten years after the date of entry into force of this Agreement, the remaining duties shall be completely eliminated.

7. Customs duties on imports into Mexico of products originating in an EFTA State listed in Table 3 under category "5" shall be reduced provided that the conditions set in Articles 5 and 6 of this Annex are fulfilled.

Table 3

Article 5

Each Party declares its willingness to consider the possibility of reducing its customs duties more rapidly than is provided for in this Annex, or otherwise improve the conditions for access, if its general and sectoral economic situation and related policies so permit. A Decision by the Joint Committee to accelerate the elimination of a customs duty or otherwise improve conditions of access shall supersede the terms established in this Annex for the product concerned.

Article 6

No later than three years after the entry into force of this Agreement, the Joint Committee shall consider further steps in the liberalisation of trade in fish and other marine products between the EFTA States and Mexico in accordance with Article 5 of this Annex. For this purpose, a review of the customs duties on products listed in Articles 3 and 4 of this Annex shall be undertaken. Where appropriate, the relevant rules of origin shall also be reviewed.

Annex IV Products for animal feeding

Referred to in Article 6, paragraph 1

Article 6, paragraph 1 does not apply for the following products with regard to Switzerland and Liechtenstein.

Annex V Customs duties

Referred to in Article 6, paragraph 2

1. On the date of entry into force of this Agreement, Mexico shall eliminate all customs duties on imports of products originating in an EFTA State listed in Appendix (Tariff Elimination Schedule of Mexico) under category "A".

2. Customs duties on imports into Mexico of products originating in an EFTA State listed in Appendix (Tariff Elimination Schedule of Mexico) under category "B" shall be eliminated in three stages, the first one taking place on the date of entry into force of this Agreement, reducing the duties to 50 % of the base rate specified in Appendix, and the other two in equal stages on 1 January of each successive year, so that these customs duties are completely eliminated by 1 January 2003.

3. Customs duties on imports into Mexico of products originating in an EFTA State listed in Appendix (Tariff Elimination Schedule of Mexico) under category "B+" shall be eliminated in accordance with the following schedule, so that such customs duties are completely eliminated by 1 January 2005:

1. Customs duties on imports into Mexico of products originating in an EFTA State listed in Appendix (Tariff Elimination Schedule of Mexico) under category "C" shall be eliminated in accordance with the following schedule, so that such customs duties are completely eliminated by 1 January 2007:

1. Mexico declares its readiness to reduce its customs duties more rapidly than is provided for in this Annex if its general economic situation and the situation of the economic sector concerned so permits. A decision by the Joint Committee to accelerate the elimination of a customs duty shall supersede the terms established in this Annex for the product concerned.

2. Customs duties on imports into Mexico of products originating in an EFTA State listed in Appendix (Tariff Elimination Schedule of Mexico) under category «1/», shall be no greater than:

   1. 5 per cent ad valorem as of the day of entry into force of the Agreement until 31 December 2003;

   2. 4 per cent ad valorem as of 1 January 2004 until 31 December 2005; and

   3. 3 per cent ad valorem as of 1 January 2006 until 31 December 2006. Such customs duties shall be completely eliminated by 1 January 2007.

3. Notwithstanding paragraph 4, customs duties on imports into Mexico of products originating in an EFTA State listed in Appendix (Tariff Elimination Schedule of Mexico) under category «C 2/», shall be 10 per cent ad valorem between 1 January 2002 and 31 December 2006 only when the customs value at the time of importation for each of these products is 40 USD or less. This customs duty shall be completely eliminated no later than 1 January 2007.

Annex VI Import and export restrictions

Referred to in Article 7

1. Notwithstanding Article 7 (Import and Export Restrictions), Mexico may maintain the measures specified in this Annex, provided that such measures are applied consistently with Mexico's rights and obligations under the WTO Agreement and in a manner that does not afford more favourable treatment to imports of any third country, including countries with which Mexico has concluded an agreement notified under Article XXIV of the GATT 1994.

2. For only those products listed below, Mexico may restrict the granting of import and export licenses for the sole purpose of reserving foreign trade in these products to itself: (For purposes of references only, descriptions are provided next to the corresponding item)

1. Mexico may maintain prohibitions or restrictions on the importation of the products listed below until 31 December 2003. (For purposes of references only, descriptions are provided next to the corresponding item)

1. Until 31 December 2003, Mexico may maintain prohibitions or restrictions on the importation of used products classified in headings and subheadings 8426.91, 8427.20, 8429.20, 8452.29, 8471, 8474.20, 8504.40, 8701.90, 8705, 8711, 8712 and 8716 of the Harmonized System.

2. Mexico may maintain import prohibitions or restrictions on the importation of used products classified under heading 6309 of the Harmonized System

3. Mexico may maintain import prohibitions or restrictions on used vehicles classified under headings of the Harmonized System listed below, provided that they are applied consistently with Mexico»s rights and obligations under the WTO Agreement. (For purposes of references only, descriptions are provided next to the corresponding item)

Annex VII National treatment on internal taxation and regulation

Referred to in Article 8

Notwithstanding Article 8 (National treatment on internal taxation and regulation), until 31 December 2003, Mexico may maintain the "Decreto para el Fomento y Modernización de la Industria Automotriz"(Decree for Development and Modernisation of the Automotive Industry) of 11 December 1989, as amended on 31 May 1995, provided that it is applied consistently with Mexico's rights and obligations under the WTO Agreement, and in a manner that does not afford less favourable treatment to products imported from an EFTA State than to products imported from any other country, including countries with which Mexico has concluded an agreement notified under Article XXIV of GATT 1994.

Annex VIII Reservation lists

Referred to in Article 34

Part A

The application of Section III (Financial Services) to the EFTA States is subject to the limitations set out in the following lists:

Iceland

Liechtenstein

Norway

Switzerland

Part B

Mexico

Part A

Iceland

Liechtenstein

1. The application of Section III of Chapter III to Liechtenstein is subject to the limitations on Market Access and National Treatment scheduled by Liectenstein in the «all sectors» section of its GATS schedule and to those relating to the sub-sectors listed below.

2. Commitments on banking, securities and insurance services are in accordance with the 'Understanding on Commitments in Financial Services' (hereafter 'Understanding'). It is understood that paragraph B.4 of the 'Understanding' does not impose any obligation to allow non-resident financial services suppliers to solicit business.

Norway

1. The application of Section III of Chapter III to Norway is subject to the limitations on Market Access and National Treatment scheduled by Norway in the «all sectors» section of its GATS schedule and to those relating to the sub-sectors listed below.

2. Commitments on financial services are undertaken in accordance with the «Understanding on Commitments in Financial Services» (the «Understanding»). The market access commitments in respect of modes (1) and (2) apply and are limited to the transactions indicated in paragraphs B.3 and B.4 of the market access section of the Understanding respectively. The restrictions and limitations listed in the schedule under mode (1) apply to regulatory measures directed towards non-resident financial service suppliers established outside the European Economic Area. The limitations listed in the schedule under mode (2) apply to regulatory measures directed towards financial service consumers residing in Norway.

Switzerland

Part B

Mexico

Afflicates section

Annex IX Authorities responsible for financial services

Referred to in Article 40, Section III (Financial services)

Part A - For the EFTA-States:

Part B - For Mexico, the Secretaría de Hacienda y Crédito Público:

Annex X Mandate of the sub-committee on financial services

Referred to in Article 40

1. The Sub-Committee shall:

   1. supervise the implementation of Section III on Financial Services;

   2. consider issues regarding financial services under this Agreement that are referred to it by a Party;

   3. consider the application of measures listed by the Parties in Annex VIII (Reservation lists) in order to propose to the Joint Committee their modification, suspension or elimination, as appropriate;

   4. review the provisions of Section III on Financial Services at such a time as any of the Parties may grant a third party more favourable access to its financial services market pursuant to the conclusion of a regional economic integration agreement consistent with Article V of GATS, with a view to proposing consequent modifications to this Chapter to the Joint Committee; and

   5. consider implementation of Article 33 (Key Personnel).

2. The Sub-Committee shall act by consensus.

3. The Sub-Committee shall meet once a year, unless the Parties otherwise agree. Meetings shall alternate between Mexico and an EFTA State.

4. The office of chairman shall be held alternately by Mexico and an EFTA State. The Sub-Committee shall report to the Joint Committee the results of each meeting. The Parties shall agree on an agenda in advance.

5. Each Party shall endeavour to ensure that at least one member of its delegation to meetings of the Sub-Committee will be an official from its financial authorities with competence in the matter to be discussed at the meeting.

Annex XI Competition laws

Referred to in Article 51

For the purposes of Chapter IV (Competition), «competition law» means:

1. for the United Mexican States, the Federal Law of Economic Competition and the Regulations of the Federal Law of Economic Competition, as well as the Internal Regulations of the Federal Competition Commission;

2. for the Republic of Iceland, Competition Law No. 8/1993 as amended by Law No. 24/1994, 83/1997, 82/1998 and 107/2000;

3. for the Principality of Liechtenstein, any competition rules that Liechtenstein recognizes or undertakes to apply within its territory, including those provided for in other international agreements, such as the Agreement on the European Economic Area;

4. for the Kingdom of Norway, Act No. 65 of 11 June 1993 relating to Competition in Commercial Activity;

5. for the Swiss Confederation, the Federal Act on Cartels and Other Restraints of Competition of 6 October 1995 and the Order on the Control of Business Concentration of 17 June 1996, as well as any regulation provided for by these acts;

as well as any subsequent amendments thereto.

Annex XII Government procurement: covered entities

Referred to in Article 56

Part A - Mexico

Section 1 - Federal government entities

Authentic in the Spanish version only.

1. Secretaría de Gobernación (Secretariat of Government), includes:

   • Centro Nacional de Desarrollo Municipal (National Center For Municipal Studies)

   • Comisión Calificadora de Publicaciones y Revistas Ilustradas (Ilustrated Periodicals and Publications Classification Commission)

   • Consejo Nacional de Población (National Population Council)

   • Archivo General de la Nación (General Archives of the Nation)

   • Instituto Nacional de Estudios Históricos de la Revolución Mexicana (National Institute of Historical Studies on the Mexican Revolution)

   • Patronato para la Reincorporación Social por el Empleo en el Distrito Federal (Social Reintegration Assistance Foundation)

   • Centro Nacional de Prevención de Desastres (National Disaster Prevention Center)

2. Secretaría de Relaciones Exteriores (Secretariat of Foreign Relations)

3. Secretaría de Hacienda y Crédito Público (Secretariat of Finance and Public Credit), includes:

   • Comisión Nacional Bancaria y de Valores (National Banking and Securities Commission)

   • Comisión Nacional de Seguros y Fianzas (National Insurance and bonding Commission)

   • Instituto Nacional de Estadística, Geografía e Informática (National Institute of Statistics, Geography and Informatics)

4. Secretaría de Agricultura, Ganadería y Desarrollo Rural (Secretariat of Agriculture, Livestock and Rural Development), includes:

   • Apoyos y Servicios a la Comercialización Agropecuaria (ASERCA) (Support Services for Agricultural Marketing)

   • Instituto Nacional de Investigaciones Forestales y Agropecuarias (National Forestry and Agricultural Research Institue)

5. Secretaría de Comunicaciones y Transportes (Secretariat of Communication and Transport), includes:

   • Comisión Federal de Telecomunicaciones (Federal Telecommunications Commission)

   • Instituto Mexicano de Transporte (Mexican Institute of Transport)

6. Secretaría de Comercio y Fomento Industrial (Secretariat of Commerce and Industrial Development)

7. Secretaría de Educación Pública (Secretariat of Public Education), includes:

   • Instituto Nacional de Antropología e Historia (National Institute of Anthropology and History)

   • nstituto Nacional de Bellas Artes y Literatura (National Institute of Fine Arts and Literature)

   • Radio Educación (Radio Education)

   • Centro de Ingeniería y Desarrollo Industrial (Engineering and Industrial Development Center)

   • Consejo Nacional para la Cultura y las Artes (National Council for Culture and the Arts)

   • Comisión Nacional del Deporte (National Sports Commission)

8. Secretaría de Salud (Secretariat of Health), includes:

   • Administración del Patrimonio de la Beneficencia Pública (Public Charity Fund Administration)

   • Centro Nacional de la Transfusión Sanguínea (National Blood Transfusion Center)

   • Laboratorios de Biológicos y Reactivos de México, S.A. de C.V. (Laboratory of General Management for Biologicals and Reagents)

   • Centro Nacional de Rehabilitación (National Rehabilitative Center)

   • Consejo para la Prevención y Control de Síndrome de la Inmunodeficiencia Adquirida (Conasida) (Council for the Prevention and Control of the Autoimmune Deficiency Syndrome)

9. Secretaría del Trabajo y Previsión Social (Secretariat of Labor and Social Welfare), includes:

   • Procuraduría Federal de la Defensa del Trabajo (Office of the Federal Attorney for Labor Defense)

10. Secretaría de la Reforma Agraria (Secretariat of Agrarian Reform), includes:

    • Instituto Nacional de Desarrollo Agrario (National Institute of Agrarian Development)

11. Secretaría de Medio Ambiente, Recursos Naturales y Pesca (Secretariat of the Environment, Natural Resources and Fisheries), includes:

    • Instituto Nacional de la Pesca (National Institute of Fisheries)

    • Instituto Mexicano de Tecnología del Agua (Mexican Water Technology Institute)

12. Procuraduría General de la República (Office of the Attorney General of the Republic)

13. Secretaría de Energía (Secretariat of Energy), includes:

    • Comisión Nacional de Seguridad Nuclear y Salvaguardias (National Commission on Nuclear Safety and Safeguards)

    • Comisión Nacional para el Ahorro de Energía (National Commission for Energy Conservation)

14. Secretaría de Desarrollo Social (Secretariat of Social Development)

15. Secretaría de Turismo (Secretariat of Tourism)

16. Secretaría de Contraloría y Desarrollo Administrativo (Secretariat of the Comptroller and Administrative Development)

17. Secretaría de la Defensa Nacional (Secretariat of National Defense)

18. Secretaría de Marina (Secretariat of the Navy)

Section 2 - Government enterprises

Authentic in Spanish version only.

1. Talleres Gráficos de México (National Printers of Mexico)

2. Aeropuertos y Servicios Auxiliares (ASA) (Airports and Auxiliary Services)

3. Caminos y Puentes Federales de Ingresos y Servicios Conexos (CAPUFE) (Federal Toll Roads and Bridges and Related Services)

4. Servicio Postal Mexicano (Mexican Postal Service)

5. Ferrocarriles Nacionales de México (FERRONALES) (National Railways of Mexico)

6. Telecomunicaciones de México (TELECOM) (Telecommunications of Mexico)

7. Petróleos Mexicanos (PEMEX Corporativo) (No incluye las compras de combustibles y gas) (PEMEX Corporate) (Not including procurements of fuel or gas)

   • PEMEX Exploración y Producción (PEMEX Exploration and Production)

   • PEMEX Refinación (PEMEX Refining)

   • PEMEX Gas y Petroquímica Básica (PEMEX Gas and Basic Petrochemicals)

   • PEMEX Petroquímica (PEMEX Petrochemicals)

8. Comisión Federal de Electricidad (Federal Electricity Commission)

9. Consejo de Recursos Minerales (Mineral Resources Council)

10. Distribuidora e Impulsora Comercial Conasupo S.A. de C.V. (DICCONSA) (Commercial Distributor and Trade Promotion S.A. de C.V.)

11. Leche Industrializada Conasupo, S.A. de C.V. (LICONSA) (No incluye las compras de bienes agrícolas adquiridos para programas de apoyo a la agricultura o bienes para la alimentación humana). (Conasupo Industrialized Milk, S.A. de C.V.) (Not including procurements of agricultural goods made in furtherance of agricultural support programs or goods for human feeding programs)

12. Procuraduría Federal del Consumidor (Office of the Federal Attorney for Consumers)

13. Servicio Nacional de Información de Mercados (National Markets Information Service)

14. Instituto de Seguridad y Servicios Sociales de los Trabajadores del Estado (ISSSTE) (Social Security And Services Institute for State Workers)

15. Instituto Mexicano del Seguro Social (IMSS) (Mexican Social Security Institute)

16. Sistema Nacional para el Desarrollo Integral de la Familia (DIF) (No incluye las compras de bienes agrícolas adquiridos para programas de apoyo a la agricultura o bienes para la alimentación humana). (National System for Integrated Family Development) (Not including procurements of agricultural goods made in furtherance of agricultural support programs or goods for human feeding programs)

17. Instituto de Seguridad Social para las Fuerzas Armadas Mexicanas (Social Security Institute for the Mexican Armed Forces)

18. Instituto Nacional Indigenista (INI) (National Institute of Indian Peoples)

19. Instituto Nacional para la Educación de los Adultos (National Institute for Adult Education)

20. Centros de Integración Juvenil (Youth Integration Centers)

21. Instituto Nacional de la Senectud (National Institute of the Old Age)

22. Comité Administrador del Programa Federal de Construcción de Escuelas (CAPFCE) (Committee for the Administration of the Federal Program for School Construction)

23. Comisión Nacional del Agua (CNA) (National Water Commission)

24. Comisión para la Regularización de la Tenencia de la Tierra (Commission for the Regularization fo Land Tenure)

25. Consejo Nacional de Ciencia y Tecnología (CONACYT) (National Science and Technology Council)

26. NOTIMEX S.A. de C.V.

27. Instituto Mexicano de Cinematografía (Mexican Institute of Cinematography)

28. Lotería Nacional para la Asistencia Pública (National Lottery for Public Welfare)

29. Pronósticos para la Asistencia Pública (Sports Lottery)

30. Comisión Nacional de Zonas Aridas (National Commission on Arid Zones)

31. Comisión Nacional de los Libros de Texto Gratuitos (National Commission on Free Textbooks)

32. Comisión Nacional de Derechos Humanos (National Human Rights Commission)

33. Consejo Nacional de Fomento Educativo (National Educational Development Council).

Section 3 - Sub - federal government entities

None.

Part B - EFTA States

Section 1 - Central government entities

a) Iceland

List of Entities:

The following central government entities including:

Central purchasing entities not having an industrial or commercial character governed by Act no. 63/1970 on the arrangement of public works contracts, and Act no. 52/1987, on government procurement, as amended.

The entities in charge of government procurement are the following bodies:

Ríkiskaup (State Trading Center)

Framkvæmdas$049slan (Government Construction Contracts)

Vegagerð ríkisins (Public Road Administration)

Siglingastofnun (Icelandic Maritime Administration)

b) Liechtenstein

List of Entities:

Government of the Principality of Liechtenstein

Note to Annex XII.B.1.b

Chapter V shall not apply to contracts awarded by contracting authorities in the field of drinking water, energy, transport or telecommunications.

c) Norway

List of Entities:

The following central government entities including: