european commission directorate-general for...

EUROPEAN COMMISSION Directorate-General for Trade Directorate E – Industrial trade issues. Trade relations with industrial countries. Market access. Export-related trade policy. The Director

Brussels, 09/06/2006

Dear Sir/Madam, Subject: - Invitation to tender related to a contract to obtain Import Documentation for

the Commission’s Market Access Database section Exporters’ Guide to Import Formalities

- Reference of the pre-information notice: 2006/S 28-030276 of 10/02/2006 1. The European Commission is planning to conclude a contract aimed to provide its

Market Access Database section “Exporters’ Guide to Import Formalities” with import documentation.

2. If you are interested in bidding for this contract, you should submit a tender (original plus

two copies)

(a) either by registered mail or private courier service, posted not later than 20 July 2006 (postmark or date on the slip issued by the courier service), to the following address: European Commission Directorate-General for Trade For the attention of Ms Monica Priano (CHAR 07/228) B - 1049 Brussels (b) or by delivery (in person or by an authorised representative) to the following address: European Commission For the attention of Ms Monica Priano (CHAR 07/228) Directorate-General for Trade Rue de Genève 1 B-1140 Brussels (Evère) Belgium The documents should be delivered not later than 16.00 hours on 20 July 2006, in which case a receipt must be obtained as proof of submission, signed and dated by the official in the central delivery department who took delivery. The department is open from 08.00 to 17.00 Monday to Thursday, and from 08.00 to 16.00 on Fridays.

3. Tenders (original plus two copies) must be placed inside two sealed envelopes. Both envelopes should mention the following reference: ‘TRADE06/E04’ The inner envelope, addressed to the department indicated in the invitation to tender, should be marked: 'Invitation to tender related to a contract to obtain information on Import Documentation for the Commission’s Market Access Database section Exporters’ Guide to Import Formalities - Not to be opened by the internal mail department'. If self-adhesive envelopes are used, they must be sealed with adhesive tape and the tenderer must sign across this tape.

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4. The Terms of Reference, listing all the documents that must be produced in order to

tender, including supporting evidence of economic, financial, technical and professional capacity, and the draft contract are enclosed. Your attention is drawn in particular to the provisions setting out the compulsory content of the offer (points 9 and 10 of the Terms of Reference).

5. Tenders must be: - signed by the tenderer or his duly authorised representative;

- perfectly legible so that there can be no doubt as to words and figures. 6. Period of validity of the tender, during which the tenderer may not modify the terms of

his tender in any respect: 9 months after the closing date of 20 July 2006. 7. Submission of a tender implies acceptance of all the terms and conditions set out in this

invitation to tender, in the Terms of Reference, and in the draft contract, and, where appropriate, waiver of the tenderer’s own general or specific terms and conditions. It is binding on the tenderer to whom the contract is awarded for the duration of the contract.

8. Contacts between the contracting department and tenderers are prohibited throughout the

procedure save in exceptional circumstances and under the following conditions only:

- Before the final date for submission of tenders:

* At the request of the tenderer, the contracting department may provide additional information solely for the purpose of clarifying the nature of the contract. Any requests for additional information must be made in writing only to: European Commission Directorate-General for Trade For the attention of Mr Matthew BALDWIN Head of Unit Trade E.3 CHAR 08/89 B - 1049 Brussels e-mail: [email protected] Requests for additional information received less than six calendar days before the closing date for submission of tenders will not be processed. * The Commission may, on its own initiative, inform interested parties of any error, inaccuracy, omission or any other clerical error in the text of the call for tenders.

- After the opening of tenders

If clarification is required or if obvious clerical errors in the tender need to be corrected,

the contracting department may contact the tenderer provided the terms of the tender are not modified as a result.

9. This invitation to tender is in no way binding on the Commission.

The Commission's contractual obligation commences only upon signature of the contract with the successful tenderer.

Up to the point of signature, the contracting department may either withdraw from the

contract or cancel the procurement procedure, without the candidates or tenderers being

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entitled to claim any compensation. This decision must be substantiated and the candidates or tenderers notified.

10. You will be informed whether or not your tender has been accepted.

Pierre AMILHAT

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TERMS OF REFERENCE

Related to a contract to obtain tariff data for the Commission’s Market Access Database section Exporters’ Guide to Import Formalities

1. INTRODUCTION OR MISSION STATEMENT OF THE DIRECTORATE GENERAL FOR TRADE (DG TRADE):

Under the direction of the relevant Commissioner Mandelson, DG Trade is in charge of conducting the Union's commercial policy in accordance with the objectives set out in Article 133 of the Treaty. Trade policy plays a key role in the European Union's relations with the rest of the world and the EU is one of the most important players in international trade, accounting for a fifth of all world trade. The EU’s common trade policy enables its 25 members to speak with one voice on the international stage. This policy covers all the main aspects of trade in goods and services (tariff and non-tariff barriers, trade defence, particularly in cases of dumping and subsidies, export loans as well as key aspects of intellectual property, investment and competition, bilateral agreements, participation in the multilateral World Trade Organisation). Trade liberalisation is at the heart of the common trade policy, and it has developed into setting up and implementing multilateral trade rules. The EU is indeed committed to harnessing globalisation so as to address citizens' concerns regarding environment, health, social welfare and cultural diversity. The EU also strives to include developing countries more fully into the world trade system so that all countries may share its potential benefits. Better trade rules and stronger multilateral institutions can help contribute to these aims. See also: http://europa.eu.int/comm/trade/whatwedo/work/index_en.htm

2. OBJECTIVES

The objectives of the current project, which is tendered by DG Trade, are:

a) To procure data in an electronic format compatible with the Commission’s Market Access Database on documentation requirements for goods imported into the countries listed under point 4.

b) To keep the data procured updated over the total duration of the contract.

3. CONTEXT OF THE PROJECT

In the framework of the Commission’s Market Access Strategy, the Market Access Database, available to all economic operators throughout the EU and acceding/ candidate countries via the Internet (http://madb.europa.eu), has been set up and progressively developed in order to meet the following needs:

• to list all trade barriers affecting EU exports by country and by sector and to ensure systematic follow-up and EU-action for every single barrier identified;

• to provide basic information of interest to EU exporters (e.g. import duties, related taxes and documentary import requirements applicable in key export markets, trade statistics, studies on market access related topics), and

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• to provide an interactive means of communication between business and the European authorities, allowing an exchange of information on-line.

Among the main sections of the Commission’s Market Access Database currently available, the Exporters’ Guide to Import Formalities contains information in the English language on documentation requirements for the entry of imported goods and for putting them on the market in numerous non-EU countries. The information is related to HS codes and structured in “General requirements”, if applicable to all goods, and “Specific requirements”, if only applicable to specific goods. In addition the Exporters’ Guide to Import Formalities gives an overview of import procedures. Information in the Market Access Database’s sections Applied Tariffs and Exporters’ Guide to Import Formalities is currently accessible mainly to the users inside the EU and in the following acceding/candidate countries: Bulgaria, Croatia, Romania and Turkey. If the computer on which a user’s browser is running is not directly connected to the Internet in the EU or in the above mentioned acceding/ candidate countries via an Internet Service Provider located in and incorporated in a Member State of the EU, or in one of the above mentioned acceding/candidate countries, then the user is normally prohibited from viewing the data in these two sections for any purpose.

4. WORK TO BE CARRIED OUT / SERVICES TO BE RENDERED

The tenderer will need to supply and update for the years 2007, 2008 and 2009, the documentation requirements for goods imported into the following countries (ISO codes are given in a separate column after the name of the country):

ALBANIA AL KUWAIT KW

BAHAMAS BS LIBYA LY

BAHRAIN BH THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

MK

BELARUS BY NORWAY NO

BERMUDA BM OMAN OM

BOSNIA-HERZEGOVINA BA PANAMA PA

CANADA CA PERU PE

COLOMBIA CO QATAR QA

CUBA CU SAUDI ARABIA SA

GHANA GH SENEGAL SN

HONG KONG HK SERBIA and MONTENEGRO

(Customs territories of: Kosovo XK,

Montenegro XM and Serbia XS)

CS

ICELAND IS SWITZERLAND CH

IRAN IR SYRIA SY

JORDAN JO TURKEY TR

KAZAKHSTAN KZ UKRAINE UA

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KENYA KE UNITED ARAB EMIRATES AE

SOUTH KOREA KR USA US

It is permissible to submit an offer for multiple countries (at least 5), or for all countries listed above.

The supplier is expected to deliver in the English language and in the electronic format described below the introductory texts (overview, general requirements and specific requirements), xml documents (one per country) linking the information on document requirements to the four-digit HS codes and samples of forms to be used for imported goods. The term "document", as used in these terms of reference, includes documentary requirements, even if no specific form or any other data requirements is prescribed.

Tenderers should clearly state and document how the data will be obtained. In addition, they should also state how, on which occasions and in which minimal frequency they will check the accuracy of data and make the updates, if necessary. Tenderers must provide the Commission with a methodology of quality assurance, i.e. how they will confirm that the data content is correct and complete and technically exact to be posted on the Exporters’ Guide to Import Formalities section of the Market Access Database. They should also indicate how they will follow-up inquiries related to the data posted. These inquiries may originate within the Commission services or from users of the Market Access Database outside the Commission. The successful tenderer is obliged to deliver the data on current import document requirements for the countries concerned for the years 2007, 2008 and 2009. In order to guarantee that the current data will be published in the Market Access Database as from 1 January 2007 the data must be technically adjusted and ready to be validated for the Market Access Database during December 2006, but in any event, no later than 18 December 2006. The data is to be continuously updated during a period of three years ending on 31 December 2009. The data will remain available in the Market Access Database up to three months after the contract has expired. After the termination of the contract, the Commission reserves the right to use the data internally, i.e. within the Commission, for statistical and research purposes.

Please note that the Commission reserves the right to open access to the Exporters’ Guide to Import Formalities section of the Market Access Database to future candidate countries for European Union accession, when the candidate country status has been formally granted by the European Council. The Commission also reserves the right to grant access to this section of the Market Access Database to official representatives of EU Member States and candidate countries based in non-EU countries.

Deliverables:

1. Introductory texts

1.1 Overview

The overview is supposed to contain horizontal information generally applicable to all imported goods and information which cannot be linked to specific goods (e.g. “goods for military purposes”, “products getting in contact with the skin”). The pattern used for the documentation needs for Indonesia (see the sample of import overview in annex 1) should be used as a guideline concerning the type of information to be included and the structure of the text. It may be necessary to include further topics. In any case it has to contain a

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reference to the date of validity of the data displayed (the latest date the contractor has checked the validity of the data and made the changes, if necessary) and a short description on the top of the overview section of the changes made compared to the previous version.

In addition, information on investment and government procurement should be included if imports for such purposes are exempted from requirements which are applicable for other goods.

1.2 General Requirements

This section refers to documents which are needed for all goods, such as commercial documents (invoice, packing list, product specification), documents for customs clearance (customs declaration and declaration of dutiable value), freight documents, certificates of origin, if preferential treatment may be obtained, and any other documents that may be required by the buyer or the customs or any other administration. The indicative list of general requirements contained in the sample overview shown for Indonesia in annex 1 may serve as a guideline. The introductory text should give a brief description of the document's purpose or content, indicate its supplier, the number of copies needed and language requirements and contain any further information considered to be useful for the European exporter. The English translation/explanation of forms to be used, or if no special form is prescribed, the minimum content required, should be given here.

1.3 Specific Requirements

This section contains documents required by the buyer or the customs, or any other administration, for specific goods identified by the four-digit HS code, irrespective of whether such documents are needed for customs clearance or for putting the goods on the market. The indicative list of specific requirements contained in the sample overview shown in annex 1 for Indonesia may serve as a guideline. The introductory text for each document should mention its purpose, indicate whether it is needed for customs clearance or for putting the goods on the market, further indicate the issuing authority with address and telephone number, the language in which it has to be filled in, the person who may apply for it, the costs and duration of issuing the document, and any other information considered to be useful for the European exporter. The English translation/explanation of forms to be used or, if no special form is prescribed, the minimum content required, should be given here.

There will be cases where a specific requirement is not applicable to all goods covered by the four-digit HS code or applies only to a few of them. In that case, a list of inclusions ("only required for") or exclusions ("not required for") must be provided.

2. Technical Requirements

The technical requirements are described in annex 1.

Although great care has been given to defining the technical requirements, DG Trade reserves the right to bring changes to them. An updated version of the technical requirements will be provided shortly after the award of the contract. Some suggestions made by the tenderers might also be incorporated on a mutually agreed basis. The occurrence of such modifications will in no case modify the amount to be paid by the Commission to the tenderer(s).

5. TIMING

The total maximum duration of the tasks shall not be more than 36 months (it being understood, however, that the Commission reserves the right to leave the data on the Market Access Database without additional cost for three months after the completion of the tasks

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(i.e. up to 31 March 2010). The contract will start on the date on which it is signed by the last contracting party. Execution of the tasks, as defined in the contract, shall start from the first publication of the data delivered. The tenderers should be aware of the fact that a successful tenderer(s) is obliged to deliver the data on current import document requirements for the countries for which it has been chosen as a contractor for the years 2007, 2008 and 2009 so that the data will be available in the Market Access Database as from 1 January 2007. The data must hence be technically adjusted and ready to be validated for the Market Access Database during December 2006, but in any event no later than 18 December 2006. Updates need to be provided on a regular basis for the total duration of the tasks. The proposed methodology for checking the validity of the data and making the necessary updates is a part of the award criteria. The purpose of the updates is to ensure that the country data provides an accurate and an up-to-date view of the import procedures and formalities. The tenderers should take note that in case of late delivery of the data compared to the working plan set out in their offer, the Commission may impose financial penalties according to the provisions of articles I.10.2, I.10.3 and II.16 of the contract.

6. BUDGET

The budget of the contract, including all costs is estimated not to exceed Euro 1 000 000 for its total duration. However, the tenderer should be aware that the contract award criteria are based on the economically most advantageous tender.

7. PAYMENT

Payment shall be made in EUR (€). Payment shall be made upon delivery to the Commission of each initial data set (30 % of the total amount per country) and annual updates (10 % of the total amount per country in 2007, 30 % of the total amount per country in 2008 and 30 % of the total amount per country in 2009) for each third country market covered by the contract. The amounts payable for the annual updates will be considered due upon acceptance by the Commission of the last sets of updates provided in the years 2007, 2008 and 2009, and upon the submission of duly established invoices, in accordance with the provisions contained in the contract.

8. CONTRACTUAL CONDITIONS

In drawing up his bid, the tenderer should bear in mind the provisions of the standard contract attached to this invitation to tender (see annex 5). This contract will be proposed to the successful tenderer. By submitting an offer, the tenderer accepts the conditions of this contract.

9. THE TENDER MUST INCLUDE:

– All the information and documents required by the authorising department for the appraisal of tenders on the basis of the exclusion, selection and award criteria set out at points 11,12 and 13;

– Tender submission form and tenderer’s declaration;1 1 Including satisfactory evidence that the candidate or tenderer is not in one of the situations described in point

(a), (b) , (d) or (e) of exclusion criteria

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– The details of educational and professional qualifications of the persons providing the services and statement of exclusivity and availability;

– A planning of the works, including the delay for delivery of each report and document; – A fixed price: using the quotation form, the contractor will provide a total cost for the

implementation of the project and a detailed cost for each country as indicated in this form;

– Tenders from consortiums of firms or groups of service providers must specify the role, qualifications and experience of each member or group;

– Legal status of the company/organisation (certificate of trade registration); – Name and title of the person entitled to sign; – Complete banking references using banking reference form in annex 1; – VAT N° (certificate of VAT registration); – An estimate concerning the number of general and specific document requirements

applicable in each country for which an offer is submitted; – A sample of official documentation (original forms) issued in the third country that

establishes the tenderer’s knowledge of the country specific import formalities and official customs procedures for a range of sectors in the countries for which the tenderer is bidding;

– A planning of the works, including the detailed timetable for both the delivery of the initial data sets and checks for the validity of the data content and for the necessary updates (minimum frequency of checks and possible updates need to be indicated and a concrete listing of situations triggering a check and necessary updates need to be included) and in particular the necessary data processing tasks needed for complying to the data format constraints;

– Information on contractual arrangements used to access sources of information; – Methodology of quality assurance carried out by the tenderer to guarantee correctness

and completeness of the data; – Detailed procedural description of the handling of information requests related to the data

supplied. Wherever the tenderer is a consortium of firms or groups of service providers, the above mentioned information (from Legal status to VAT N°) must be provided for each member or group. The tender should also make clear the legal status of the consortium.

10. QUOTATION OF PRICES

Prices must be quoted in EUR (€) using the conversion rates published in the C series of the Official Journal of the European Union on the day when this invitation to tender was sent out.

Prices must be fixed amounts that are non-revisable. The offer should also indicate the prices per country which should be fixed and non-revisable amounts. It is permissible to submit an offer for 5 or more countries among those listed under point 4.

The offer has to indicate the price of the basic delivery and updates of the import documentation for each of the countries listed under point 4 in respect of which an offer is being submitted. The (estimated) number of documents the offer is based on should be indicated.

Prices indicated should be quoted free of all duties, taxes and other charges, including VAT, as the Communities are exempt from such charges under Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities.

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11. EXCLUSION CRITERIA:

Tenderers shall be excluded from participation in this procurement procedure if: a) they are bankrupt or being wound up, are having their affairs administered by the courts,

have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

b) they have been convicted of an offence concerning their professional conduct by a judgement which has the force of res judicata;

c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify;

d) they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;

e) they have been the subject of a judgement which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;

f) following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations.

Tenderers must certify that they are not in one of the above-mentioned situations.

The following information is accepted as satisfactory evidence that the candidate or tenderer is not in one of the situations described in point (a), (b) or (e): production of a recent extract from the judicial record or, failing that, a recent equivalent document issued by a judicial or administrative authority in the country of origin or provenance showing that those requirements are satisfied.

The contracting authority shall accept, as satisfactory evidence that the candidate or tenderer is not in the situation described in point (d), a recent certificate issued by the competent authority of the State concerned.

Where no such certificate is issued in the country concerned, it may be replaced by a sworn or, failing that, a solemn statement made by the interested party before a judicial or administrative authority, a notary or a qualified professional body in his country of origin or provenance.

Depending on the national legislation of the country in which the tenderer or candidate is established, the documents referred to in the above paragraphs shall relate to legal persons and/or natural persons including, where considered necessary by the contracting authority, company directors or any person with powers of representation, decision-making or control in relation to the candidate or tenderer.

Wherever the tenderer is a consortium of firms or groups of service providers, the above mentioned information must be provided for each member or group.

12. SELECTION CRITERIA – MINIMUM QUALIFICATIONS REQUIRED

The following information, concerning the service provider's own position and the information and formalities necessary for an appraisal of the minimum economic and technical standards required of him, should be supplied:

12.1 Evidence on the tenderer’s technical capacity to perform the tasks involved in this contract notice. The tenderer’s technical capacity will be evaluated on the basis of the following:

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− Tenderer’s relevant experience:

♦ A list of the principal related projects that were carried out under the applicant’s direct responsibility during the past 3 years proving merit and experience (1) in trade related legislation, (2) in classifying goods and (3) in data processing;

♦ A sample of official documentation (original forms) issued in the third country that establishes the tenderer’s knowledge of the country specific import formalities and official customs procedures for a range of sectors in each of the countries in respect of which the tenderer is bidding.

− Confirmation by tenderer that it will implement technical standards set out in these

terms of reference.

− Tenderer’s access to staff relevant to the required services (skills):

♦ Details of educational and professional qualifications of the proposed experts providing the services (detailed CV’s have to be included for this contract). This should clearly indicate their expertise in and their knowledge of (1) trade law and customs procedures in general, (2) the Harmonised System for the classification of goods, including practical experience in classification of goods, and (3) data processing;

Wherever the tenderer is a consortium of firms or groups of service providers, the above mentioned information must be provided for the consortium or the group as a whole.

12.2 Evidence of the tenderer’s financial and economic capacity to perform the tasks involved in this contract notice.

For this purpose all tenderers must provide a full set of financial statements (comprising at least a balance sheet and profit and loss account) for the last three financial years (or the annual budget of the last three years in the case of semi-public or non-profit organisations), where the tenderer is required by law to produce such statements.

NB

1. Where the relevant company law requires these financial statements to be audited, the auditors’ statement should be included.

2. Where the tenderer is not required to produce full financial statements, other internal reports or management accounts establishing financial capacity should be submitted.

Tenderers may also supply one or more of the following additional references as evidence of financial and economic capacity:

o appropriate bankers' statements; and/or

o evidence of professional risk indemnity insurance; and/or

o an officially certified statement of earnings relating to the subject of this call for tender over the last 3 financial years.

The Commission will conclude a contract following this tender with a single legal counterparty. Where the tenderer that will complete the contract represents a consortium of firms or groups of service providers, the above mentioned financial information must be provided for each member or group.

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Where the tenderer wishes to sub-contract or otherwise rely on the capacities of other entities, it must in that case prove that it will have at its disposal the resources necessary for performance of the contract, for example by producing an undertaking on the part of those entities to place those resources at its disposal.

Where the successful tenderer is an individual, a partnership of individuals, or a sole trader, it will be expected to demonstrate that continuity of service can be guaranteed. The Commission will consider, inter alia, the risk to successful project completion that would be occasioned by the death or resignation of one or more of the individuals involved.

Only those proposals which meet all the Selection Criteria will be carried forward for assessment under the Award Criteria.

13. AWARD CRITERIA FOR THE CHOICE OF THE CONTRACTOR

Contracts may not be awarded to tenderers who, during the procurement procedure: (a) are subject to a conflict of interest; (b) are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the contract procedure or fail to supply this information.

The contract will be awarded to the “economically most advantageous tender”. Criteria to be applied are:

• price (estimated according to the provisions of Annex 3 of the terms of reference) (40 %),

and

• quality (60 %) in terms of technical quality of the offer including:

− Methodology, including a) the quality of data sources, data collection methodology and existence and strength of contractual arrangements used to access sources of information and b) the guarantee of compliance with the technical requirements (30%);

− Methodology to carry out quality assurance to guarantee the data content is correct, complete and technically exact (20%);

− Approach to updating to be assessed on the basis of the proposed minimum frequency of checks and updates where necessary and a concrete listing of situations triggering a check and necessary update of the data set (30%);

− Approach to following up information requests related to the data supplied, to be assessed on the basis of a detailed procedural description of the handling of such enquiries (20 %).

The assessment of each individual quality criterion should be at least 50% of the maximum scoring set for that criterion. Those offers which will not receive these minimum scorings shall be rejected.

Note and links

DG Trade Web site on the Europa server of the European Commission: http://europa.eu.int/comm/trade Market Access Database web site on the Europa server of the European Commission: http://madb.europa.eu

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In case of difficulty accessing this, please contact: Ms. Béatrice Pauwels – tel: + 32-2. 299.9450 [email protected] Enclosures of the Terms of Reference:

Annex 1: Technical requirements

Annex 2: Tender submission form including tenderer’s declaration, statement of exclusivity and availability, banking references form and legal entities form

Annex 3: Quotation form for unit prices

Annex 4: Provisions related to tenders and the award of contracts

Annex 5: Model of contract which will be proposed to the selected Contractor

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ANNEX 1: TECHNICAL REQUIREMENTS

Technical requirements 1. Introduction .......................................................................................................................... 15 2. Overview of the import formalities section of the market access database.......................... 15

2.1. Architecture ................................................................................................................. 15 2.2. The dataset ................................................................................................................... 15 2.3. The public web site ...................................................................................................... 15 2.4. The administration web site ......................................................................................... 17 2.5. The database ................................................................................................................ 20

3. Dataset description ............................................................................................................... 21 3.1. Dataset structure .......................................................................................................... 21 3.2. XML file ...................................................................................................................... 22 3.3. Introductory texts ......................................................................................................... 22 3.4. Image files.................................................................................................................... 22

4. XML schema ........................................................................................................................ 24 4.1. Schema......................................................................................................................... 24 4.2. Schema documentation ................................................................................................ 30 4.3. Inclusions and exclusions ............................................................................................ 43 4.4. modifSummary ............................................................................................................ 44

5. Text formatting instructions ................................................................................................. 46 5.1. General constraints ...................................................................................................... 46 5.2. Document title of general/specific requirements ......................................................... 46 5.3. Links ............................................................................................................................ 46 5.4. CSS classes .................................................................................................................. 46 5.5. CSS style sheet............................................................................................................. 48

6. Example XML file................................................................................................................ 51 6.1. Example file ................................................................................................................. 51 6.2. Display of example file in MADB............................................................................... 56

7. Example overview file (Indonesia)....................................................................................... 58 7.1. Example overview file ................................................................................................. 58 7.2. Display of the example file in MADB......................................................................... 63 7.3. List of general and specific requirement documents ................................................... 70

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1. INTRODUCTION

The present annex lists the technical requirements applicable to the contractor's deliverables. The document also contains an overview of the export formalities section of the Market Access database and a description of the workflow of the delivery process. Although great care has been given to the definition of the present technical requirements, DG Trade reserves the right to bring changes to them. In that case, an updated version of the technical requirements would be provided shortly after the award of the contract.

2. OVERVIEW OF THE IMPORT FORMALITIES SECTION OF THE MARKET ACCESS DATABASE

2.1. Architecture

The contractor delivers a separate file (called "dataset") for each country. The dataset is uploaded to an administration web site hosted by DG Trade. The dataset undergoes an automated quality check and a human quality check performed by a Commission official before being published as illustrated in the figure below.

Decision to publish

Country

dataset

The system is designed to support any number of contractors. There are currently 2 active contractors.

2.2. The dataset

All data pertaining to a given country must be delivered as a single zip file, called the country dataset or dataset.

2.3. The public web site

The URL of the public web site is http://madb.europa.eu. The web site supports anonymous access for users connecting through a proxy located in EU-25 (or in some candidate country).

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The public web site has the following functionalities:

• search the database by country and by product (HS code or keyword), • provide an overview of the import procedures and formalities for a given country • provide the list of applicable procedures and formalities for given country and product

code, • provide a detailed explanation of import formalities/procedures,

Here is an example of an overview of import procedures and formalities:

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Here is an example of a list of applicable import formalities and procedures:

Here is an example of a detailed explanation of an import formality:

2.4. The administration web site

2.4.1. Introduction

The delivery of zip files by contractors is orchestrated with the help of the dedicated administration web site. Access to the administration web site is restricted to contractors and Commission officials.

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DG Trade is prepared to open access to this web site for interested tenderers upon request. Such an access would enable them to upload test datasets. 2.4.2. Users

The users of the administration web site are the contractor and the content administrator. The contractor uploads datasets for the set of countries he has been awarded. The content administrator is the Commission official in charge of controlling the quality of datasets and deciding when to publish them. 2.4.3. Dataset lifecycle and areas

Each dataset has a lifecycle and transits through various "areas”: Area Description Draft A dataset uploaded by the contractor arrives in the draft area. It is visible by the

contractor, but not by the general public. This area is considered as the contractor's "sandbox". The contractor previews the dataset he has uploaded in this area before submitting it to the content administrator.

Submitted A dataset lands in this area when submitted by the contractor to the content administrator. Datasets in the submitted area are analysed by the content administrator in order to take an acceptation or rejection decision. In case of acceptation, the dataset is moved to the production area.

Production When arriving in the production area, the dataset becomes visible by the general public.

Archive When a dataset in production is replaced by a new version, it is moved to an archive area.

2.4.4. Typical delivery workflow

A typical workflow leading to successful dataset delivery could be: • the data provider attempts to upload a dataset, • the admin web site checks the dataset (automated checking), realizes it is not compliant

and provides a feedback with the reason(s) for failure, • the contractor fixes the dataset and attempts a new upload, • this time the upload is successful and the dataset is then available in the draft area, • the contractor previews the dataset in the draft area, • if satisfied, the contractor submits the dataset to the Commission (the dataset is then

transferred in submitted area) • the content administrator at the Commission checks the dataset (human checking) • the content administrator accepts the dataset • the dataset is now in the production area and visible by the general public.

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2.4.5. Main functionalities

2.4.5.1. Home page

The home page of the administration web page is the following:

2.4.5.2. Dataset upload

The upload consists in transferring a dataset file.

2.4.5.3. View update status / submit

The "View Update status / submit page" provides a status for each country.

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In the screenshot below, we see for example that for Jordan, we have already a dataset in production (MAAT-JO05-02v001), but that a new update (MAAT-JO05-01v001) has been submitted and is waiting for acceptance by the content administrator.

Note: this screenshot depicts applied tariffs datasets but the principle is exactly the same for import formalities datasets. 2.4.5.4. Preview dataset

This functionality allows the contractor to consult the datasets in draft area as if they would be displayed to the final user.

2.5. The database

The database is an Oracle database.

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3. DATASET DESCRIPTION

3.1. Dataset structure

3.1.1. Principle

All data pertaining to a given country must be delivered as a single zip file, called the country dataset or dataset. 3.1.2. Naming

The naming convention for the zip file is: AASS-CCYY-RRv999 where • AA = application (always "MA" for Market Access) • SS= section ("IF" for import formalities) • CC= country code • YY= contract year to which the dataset is related (!!!: a dataset delivered in December

2004 for example might apply to contractual obligations related to year 2005 in which case YY must be set to '05')

• RR= revision number. The revision is a contractual notion: it is checked against the number of yearly updates the contractor has committed to. A new revision number may be assigned to a dataset only if the content has been updated.

• 999= a numeric version number for the update (no contractual semantics attached here). The version number may be used freely by the contractor to reflect presentation or technical changes.

Example: MAIF-AR05-02v004 is the 2nd revision for applied tariffs of Argentina in 2005. 3.1.3. Structure

The zip file contains a folder named after the ISO2-alpha country code. This folder contains:

• the xml file • the documents corresponding to introductory texts (overview, general requirements,

specific requirements). • the images

An example of dataset content is given below:

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3.1.4. Dataset validity date

The date attribute of the update element in the XML schema has a very accurate definition: it is the latest date the contractor has checked the validity of the data from the content point of view. If the contractor uploads a new dataset for fixing a technical issue but does not make the content validity check, then the date must remain untouched.

3.2. XML file

The XML file must be in UNIX file format. The encoding of the XML file must be UTF-8. The XML file must comply with the W3C XML schema provided in chapter 4.

3.3. Introductory texts

The overview and the introductory texts for each of the general and specific requirements as described above under "Introductory Texts" must be provided in separate html files.

The html files must comply with the text formatting instructions given in chapter 5.

3.4. Image files

In the cases where there is a form that has to be filled by the exporter, a bitmap image of this form (GIF format) is required and the text must contain an HTML link respecting the following constraints:

23

• the src attribute is set to the image file name

• the alt attribute must contain the label defined in the xml file (see image_label tag in annex 1C).

Example: <img src="awb.gif" alt="Air way bill form">.

In order to obtain a readable and clear picture of the required forms on the screen, it may be necessary to retype the original forms and transform them into bitmap graphics. The general requirements are that these bitmap images should not have a width exceeding 21 cm (DIN A4). The forms should not be filled in. If the form is not available in English, the fields need to be numbered and their content translated and explained in the introductory text for the requirement. The English translation should include all details given in the original form. The name of image files must be in lowercase.

24

4. XML SCHEMA

The xml files provided by the contractor must be validated against the following schema. 4.1. Schema <?xml version="1.0" encoding="UTF-8"?>  <xs:schema xmlns:xs="http://www.w3.org/2001/XMLSchema" elementFormDefault="qualified"> <xs:element name="doc"> <xs:complexType> <xs:sequence> <xs:element ref="doc_scope"/> <xs:element ref="doc_id"/> <xs:element ref="doc_label"/> <xs:element ref="doc_filename"/> <xs:element ref="doc_order" minOccurs="0"/> <xs:element ref="images_list" minOccurs="0"/> </xs:sequence> </xs:complexType> </xs:element> <xs:element name="doc_filename" type="xs:string"> <xs:annotation> <xs:documentation>File name of the document.</xs:documentation> </xs:annotation> </xs:element> <xs:element name="doc_id" type="xs:string"> <xs:annotation> <xs:documentation>Unique id of the document. The first character must be alphabetical. The code may not contain special characters or spaces.</xs:documentation> </xs:annotation> </xs:element> <xs:element name="doc_label" type="xs:string"> <xs:annotation> <xs:documentation>Label to be used as a document title. This label is displayed on the MADB web site.</xs:documentation> </xs:annotation> </xs:element> <xs:element name="doc_order" type="xs:integer"> <xs:annotation> <xs:documentation>Defines the order of the document when displayed. Required for the general requirement documents and optional for other documents.</xs:documentation> </xs:annotation> </xs:element> <xs:element name="doc_scope"> <xs:annotation> <xs:documentation>Type of document ("O"=overview; "G"=general; "S"=specific)</xs:documentation> </xs:annotation> <xs:complexType> <xs:simpleContent> <xs:extension base="xs:string"> <xs:attribute name="doc_type" use="required"> <xs:simpleType> <xs:restriction base="xs:NMTOKEN"> <xs:enumeration value="G"/> <xs:enumeration value="O"/> <xs:enumeration value="S"/> </xs:restriction> </xs:simpleType> </xs:attribute> </xs:extension> </xs:simpleContent> </xs:complexType> </xs:element> <xs:element name="docs"> <xs:annotation> <xs:documentation>This element contains a list of doc elements. </xs:documentation> </xs:annotation> <xs:complexType> <xs:sequence> <xs:element ref="doc" maxOccurs="unbounded"> <xs:annotation> <xs:documentation> This element describes an overview, a general requirement or a specific requirement document.

25

</xs:documentation> </xs:annotation> </xs:element> </xs:sequence> </xs:complexType> </xs:element> <xs:element name="egif"> <xs:annotation> <xs:documentation>Top level element.</xs:documentation> </xs:annotation> <xs:complexType> <xs:sequence> <xs:element ref="update"/> <xs:element name="modifSummary" type="xs:string"> <xs:annotation> <xs:documentation>The modifSummary element must be used by the contractor to inform DG Trade of modifications introduced in the current revision with comparison to the previous revision. This info is for internal use only and is not displayed on the public web site.</xs:documentation> </xs:annotation> </xs:element> <xs:element ref="overview"/> <xs:element ref="general_requirements"/> <xs:element ref="specific_requirements"/> <xs:element ref="docs"/> </xs:sequence> </xs:complexType> </xs:element> <xs:element name="exclu_hs_code"> <xs:annotation> <xs:documentation>An HS sub-code (more than 4 digits) for which the document is not applicable. All numeric (no dots allowed).</xs:documentation> </xs:annotation> <xs:simpleType> <xs:restriction base="xs:string"> <xs:minLength value="4"/> <xs:maxLength value="12"/> </xs:restriction> </xs:simpleType> </xs:element> <xs:element name="exclu_list"> <xs:annotation> <xs:documentation>A list of HS sub-codes for which the specific requirement document is not applicable.</xs:documentation> </xs:annotation> <xs:complexType> <xs:sequence> <xs:element ref="exclu_hs_code" maxOccurs="unbounded"> <xs:annotation> <xs:documentation> An HS sub-code for which the document is never applicable. All numeric (no dots allowed). </xs:documentation> </xs:annotation> </xs:element> </xs:sequence> </xs:complexType> </xs:element> <xs:element name="exclu_note" type="xs:string"> <xs:annotation> <xs:documentation>A free text note explaining the exception. Examples: "Not required if intended for animal use.", "Not required for 0210.11, 0210.12, 0210.19"</xs:documentation> </xs:annotation> </xs:element> <xs:element name="exclusions"> <xs:annotation> <xs:documentation>This element is used when the specific requirement document is applicable to all products classified under a 4-digit HS code except for a few exceptional cases. This element lists those exceptions. It can take the form of a list of HS sub-codes (with more than 4 digits) for which the current specific document is not applicable. An exception can also be expressed in terms other than HS sub-codes. For example: "Not required if intended for animal use".</xs:documentation> </xs:annotation> <xs:complexType> <xs:sequence> <xs:element ref="exclu_note"> <xs:annotation> <xs:documentation>

26

A free format note explaining the exception to the general rule. </xs:documentation> </xs:annotation> </xs:element> <xs:element ref="exclu_list" minOccurs="0"/> </xs:sequence> </xs:complexType> </xs:element> <xs:element name="general_requirements"> <xs:annotation> <xs:documentation>This element contains the list of general requirement documents.</xs:documentation> </xs:annotation> <xs:complexType> <xs:sequence> <xs:element ref="gr_list"/> </xs:sequence> </xs:complexType> </xs:element> <xs:element name="gr_doc_id" type="xs:string"> <xs:annotation> <xs:documentation>doc_id of a general requirement document.</xs:documentation> </xs:annotation> </xs:element> <xs:element name="gr_list"> <xs:complexType> <xs:sequence> <xs:element ref="gr_doc_id" maxOccurs="unbounded"/> </xs:sequence> </xs:complexType> </xs:element> <xs:element name="hs_code"> <xs:annotation> <xs:documentation>A 4-digit HS code.</xs:documentation> </xs:annotation> <xs:simpleType> <xs:restriction base="xs:string"> <xs:pattern value="[0-9]{4}"/> </xs:restriction> </xs:simpleType> </xs:element> <xs:element name="hs_label" type="xs:string"> <xs:annotation> <xs:documentation>Product description according to the HS nomenclature. This text is displayed on the MADB web site.</xs:documentation> </xs:annotation> </xs:element> <xs:element name="image"> <xs:annotation> <xs:documentation>Not used at the moment.</xs:documentation> </xs:annotation> <xs:complexType> <xs:sequence> <xs:element ref="image_label"> <xs:annotation> <xs:documentation> Short description of the image. This label is in principle identical to the alt attribute of the img tag <![CDATA[ (<img src=”awb.gif” alt=”Air way bill form">. ]]></xs:documentation> </xs:annotation> </xs:element> <xs:element ref="image_filename"/> </xs:sequence> </xs:complexType> </xs:element> <xs:element name="image_filename" type="xs:string"> <xs:annotation> <xs:documentation>Not used at the moment.</xs:documentation> </xs:annotation> </xs:element> <xs:element name="image_label" type="xs:string"> <xs:annotation> <xs:documentation>Not used at the moment.</xs:documentation> </xs:annotation> </xs:element> <xs:element name="images_list"> <xs:annotation> <xs:documentation>Not used at the moment.</xs:documentation>

27

</xs:annotation> <xs:complexType> <xs:sequence> <xs:element ref="image" maxOccurs="unbounded"/> </xs:sequence> </xs:complexType> </xs:element> <xs:element name="inclu_hs_code"> <xs:annotation> <xs:documentation>An HS sub-code for which the document is applicable. All numeric (no dots allowed). </xs:documentation> </xs:annotation> <xs:simpleType> <xs:restriction base="xs:string"> <xs:minLength value="4"/> <xs:maxLength value="12"/> </xs:restriction> </xs:simpleType> </xs:element> <xs:element name="inclu_list"> <xs:annotation> <xs:documentation>A list of HS sub-codes for which the specific requirement document is applicable.</xs:documentation> </xs:annotation> <xs:complexType> <xs:sequence> <xs:element ref="inclu_hs_code" maxOccurs="unbounded"/> </xs:sequence> </xs:complexType> </xs:element> <xs:element name="inclu_note" type="xs:string"> <xs:annotation> <xs:documentation>A free text note describing the applicability condition. Examples: "Only required for 2933.39, 2933.49.", "Only required for uncured hides and skins.".</xs:documentation> </xs:annotation> </xs:element> <xs:element name="inclusions"> <xs:annotation> <xs:documentation>This element gives information on the scope of the specific requirement document when it is not systematically applicable to products classified under a 4-digit HS code. It can take the form of a list of HS sub-codes (with more than 4 digits) for which the current document is applicable. The restriction can also be based on criteria other than HS sub-codes (examples: "Only required if equipped with air conditioning units containing controlled substances"). The document is applicable only in the cases explicitly listed inside this element.</xs:documentation> </xs:annotation> <xs:complexType> <xs:sequence> <xs:element ref="inclu_note"> <xs:annotation> <xs:documentation>A free format note explaining the restriction. </xs:documentation> </xs:annotation> </xs:element> <xs:element ref="inclu_list" minOccurs="0"> <xs:annotation> <xs:documentation> A list of HS sub-codes for which the specific requirement document may be applicable </xs:documentation> </xs:annotation> </xs:element> </xs:sequence> </xs:complexType> </xs:element> <xs:element name="ov_doc_id" type="xs:string"> <xs:annotation> <xs:documentation>doc_id of the overview document.</xs:documentation> </xs:annotation> </xs:element> <xs:element name="overview"> <xs:annotation> <xs:documentation>Contains an element with the doc_id of the overview document.</xs:documentation> </xs:annotation> <xs:complexType> <xs:sequence> <xs:element ref="ov_doc_id"/> </xs:sequence> </xs:complexType> </xs:element> <xs:element name="product">

28

<xs:complexType> <xs:sequence> <xs:element ref="hs_code"/> <xs:element ref="hs_label"/> <xs:element ref="sr_list"/> </xs:sequence> </xs:complexType> </xs:element> <xs:element name="specific_requirements"> <xs:annotation> <xs:documentation>This element associates specific requirement documents to product codes.</xs:documentation> </xs:annotation> <xs:complexType> <xs:sequence> <xs:element ref="product" maxOccurs="unbounded"> <xs:annotation> <xs:documentation> This element associates specific requirement documents to one given 4-digit HS code. </xs:documentation> </xs:annotation> </xs:element> </xs:sequence> </xs:complexType> <xs:key name="specific_requirements"> <xs:selector xpath="specific_requirements/product"/> <xs:field xpath="hs_code"/> </xs:key> </xs:element> <xs:element name="sr_doc_id" type="xs:string"> <xs:annotation> <xs:documentation>doc_id of a specific requirement document.</xs:documentation> </xs:annotation> </xs:element> <xs:element name="sr_doc_mapping"> <xs:annotation> <xs:documentation>Associates a specific requirement document to a given 4-digit HS code.</xs:documentation> </xs:annotation> <xs:complexType> <xs:sequence> <xs:element ref="sr_doc_id"/> <xs:element ref="inclusions" minOccurs="0"/> <xs:element ref="exclusions" minOccurs="0"/> </xs:sequence> </xs:complexType> </xs:element> <xs:element name="sr_list"> <xs:complexType> <xs:sequence> <xs:element ref="sr_doc_mapping" maxOccurs="unbounded"/> </xs:sequence> </xs:complexType> </xs:element> <xs:element name="update"> <xs:annotation> <xs:documentation>This element contains the details of the dataset file: year, revision, version, date, country, contractor info.</xs:documentation> </xs:annotation> <xs:complexType> <xs:simpleContent> <xs:extension base="xs:string"> <xs:attribute name="year" use="required"> <xs:annotation> <xs:documentation>Contract year to which the dataset is related. Example: If a dataset is uploaded in december 2006 to cover contractual obligations for year 2007, then contract year must be set to 2007.</xs:documentation> </xs:annotation> <xs:simpleType> <xs:restriction base="xs:string"> <xs:pattern value="[0-9]{4}"/> </xs:restriction> </xs:simpleType> </xs:attribute> <xs:attribute name="revision" use="required"> <xs:annotation> <xs:documentation>The revision number for that year, starting at '01'. A new revision number correspons to changes in the content (new document, modified document, modified applicability conditions...) </xs:documentation>

29

</xs:annotation> <xs:simpleType> <xs:restriction base="xs:string"> <xs:totalDigits value="2"/> </xs:restriction> </xs:simpleType> </xs:attribute> <xs:attribute name="date" type="xs:string" use="required"> <xs:annotation> <xs:documentation>This is the latest date the contractor has checked the validity of the data content. It must not to be confused with the date of dataset upload : if a dataset is uploaded to correct a technical issue but the contractor does not check that the data is current, then the date must remain untouched. Format: yyyy-mm-dd format. </xs:documentation> </xs:annotation> </xs:attribute> <xs:attribute name="country_label" type="xs:string" use="required"> <xs:annotation> <xs:documentation>Country name in English.</xs:documentation> </xs:annotation> </xs:attribute> <xs:attribute name="country_id" use="required"> <xs:annotation> <xs:documentation>ISO 2-alpha (ISO 3166-1-alpha2) code of the country. Example: "US". </xs:documentation> </xs:annotation> <xs:simpleType> <xs:restriction base="xs:string"> <xs:pattern value="[A-Z][A-Z]"/> </xs:restriction> </xs:simpleType> </xs:attribute> <xs:attribute name="update_filename" use="required"> <xs:annotation> <xs:documentation>The name of the xml file obtained by concatenating "MAIF-", the ISO 2 country code, the two last digits of the year, "-", the 2-digit revision number and the 3-digit version number. Example: MAIF-IN06-01v001. </xs:documentation> </xs:annotation> <xs:simpleType> <xs:restriction base="xs:string"> <xs:length value="16"/> <xs:totalDigits value="7"/> </xs:restriction> </xs:simpleType> </xs:attribute> <xs:attribute name="contractor_id" type="xs:string" use="required"> <xs:annotation> <xs:documentation>A contractor ID which will be communicated by DG Trade.</xs:documentation> </xs:annotation> </xs:attribute> <xs:attribute name="contractor_name" type="xs:string" use="optional"> <xs:annotation> <xs:documentation>Name of the contractor.</xs:documentation> </xs:annotation> </xs:attribute> <xs:attribute name="contractor_email" type="xs:string" use="optional"> <xs:annotation> <xs:documentation>The email address that the Commission will use to send a confirmation message or to notify of problems found. </xs:documentation> </xs:annotation> </xs:attribute> <xs:attribute name="version" use="required"> <xs:annotation> <xs:documentation>Version number.</xs:documentation> </xs:annotation> <xs:simpleType> <xs:restriction base="xs:string"> <xs:length value="3"/> <xs:totalDigits value="3"/> </xs:restriction> </xs:simpleType> </xs:attribute> </xs:extension> </xs:simpleContent> </xs:complexType> </xs:element> </xs:schema>

30

4.2. Schema documentation

31

element doc diagram

used by element docs

element doc_filename

diagram

type xs:string

used by element doc

annotation documentation File name of the document.

element doc_id

diagram

type xs:string

used by element doc

32

annotation documentation Unique id of the document. The first character must be alphabetical. The code may not contain special characters or spaces.

element doc_label

diagram

type xs:string

used by element doc

annotation documentation Label to be used as a document title. This label is displayed on the MADB web site.

element doc_order

diagram

type xs:integer

used by element doc

annotation documentation Defines the order of the document when displayed. Required for the general requirement documents and optional for other documents.

element doc_scope

diagram

type extension of xs:string

used by element doc

attributes Name Type Use Default Fixed Annotation doc_type xs:NMTOKEN required

annotation documentation Type of document ("O"=overview; "G"=general; "S"=specific)

33

element docs

diagram

used by element egif

annotation documentation This element contains a list of doc elements.

element egif

diagram

annotation documentation Top level element.

34

element egif/modifSummary

diagram

type xs:string

annotation documentation The modifSummary element must be used by the contractor to inform DG Trade of modifications introduced in the current revision with comparison to the previous revision. This info is for internal use only and is not displayed on the public web site.

element exclu_hs_code

diagram

type restriction of xs:string

used by element exclu_list

facets minLength 4 maxLength 12

annotation documentation An HS sub-code (more than 4 digits) for which the document is not applicable. All numeric (no dots allowed).

element exclu_list

diagram

used by element exclusions

annotation documentation A list of HS sub-codes for which the specific requirement document is not applicable.

element exclu_note

35

diagram

type xs:string

used by element exclusions

annotation documentation A free text note explaining the exception. Examples: "Not required if intended for animal use.", "Not required for 0210.11, 0210.12, 0210.19"

element exclusions

diagram

used by element sr_doc_mapping

annotation documentation This element is used when the specific requirement document is applicable to all products classified under a 4-digit HS code except for a few exceptional cases. This element lists those exceptions. It can take the form of a list of HS sub-codes (with more than 4 digits) for which the current specific document is not applicable. An exception can also be expressed in terms other than HS sub-codes. For example: "Not required if intended for animal use".

element general_requirements

diagram

36


annotation documentation This element contains the list of general requirement documents.

element gr_doc_id

diagram

type xs:string

used by element gr_list

annotation documentation doc_id of a general requirement document.

element gr_list diagram

used by element general_requirements

element hs_code

diagram


used by element product

facets pattern [0-9]{4}

annotation documentation A 4-digit HS code.

element hs_label

diagram

type xs:string


37

annotation documentation Product description according to the HS nomenclature. This text is displayed on the MADB web site.

element image

diagram

used by element images_list

annotation documentation Not used at the moment.

element image_filename

diagram

type xs:string

used by element image


element image_label

diagram

type xs:string

used by element image


element images_list

diagram

used by element doc


element inclu_hs_code

38

diagram


used by element inclu_list

facets minLength 4 maxLength 12

annotation documentation An HS sub-code for which the document is applicable. All numeric (no dots allowed).

element inclu_list

diagram

used by element inclusions

annotation documentation A list of HS sub-codes for which the specific requirement document is applicable.

element inclu_note

diagram

type xs:string

used by element inclusions

annotation documentation A free text note describing the applicability condition. Examples: "Only required for 2933.39, 2933.49.", "Only required for uncured hides and skins.".

element inclusions

39

diagram


annotation documentation This element gives information on the scope of the specific requirement document when it is not systematically applicable to products classified under a 4-digit HS code. It can take the form of a list of HS sub-codes (with more than 4 digits) for which the current document is applicable. The restriction can also be based on criteria other than HS sub-codes (examples: "Only required if equipped with air conditioning units containing controlled substances").

element ov_doc_id

diagram

type xs:string

used by element overview

annotation documentation doc_id of the overview document.

element overview

diagram


annotation documentation Contains an element with the doc_id of the overview

40

document.

element product diagram

used by element specific_requirements

element specific_requirements

diagram


identity constraints

Name Refer Selector Field(s) key specific_requirements specific_requirements/product hs_code

annotation documentation This element associates specific requirement documents to product codes.

element sr_doc_id

diagram

type xs:string


annotation documentation doc_id of a specific requirement document.

element sr_doc_mapping

41

diagram

used by element sr_list

annotation documentation Associates a specific requirement document to a given 4-digit HS code.

element sr_list diagram


element update

diagram

42

type extension of xs:string


attributes Name Type Use Default Fixed Annotation year xs:string required documentation Contract year to which the dataset is related. Example: If a dataset is uploaded in december 2006 to cover contractual obligations for year 2007, then contract year must be set to 2007. revision xs:string required documentation The revision number for that year, starting at '01'. A new revision number correspons to changes in the content (new document, modified document, modified applicability conditions...) date xs:string required documentation This is the latest date the contractor has checked the validity of the data content. It must not to be confused with the date of dataset upload : if a dataset is uploaded to correct a technical issue but the contractor does not check that the data is current, then the date must remain untouched. Format: yyyy-mm-dd format. country_label xs:string required documentation Country name in English. country_id xs:string required documentation ISO 2-alpha (ISO 3166-1-alpha2) code of the country. Example: "US". update_filename xs:string required documentation The name of the xml file obtained by concatenating "MAIF-", the ISO 2 country code, the two last digits of the year, "-", the 2-digit revision number and the 3-digit version number. Example: MAIF-IN06-01v001. contractor_id xs:string required documentation A contractor ID which will be communicated by DG Trade. contractor_name xs:string optional documentation Name of the contractor. contractor_email xs:string optional documentation The email address that the Commission will use to send a confirmation message or to notify of problems found. version xs:string required documentation Version number.

annotation documentation This element contains the details of the dataset file: year, revision, version, date, country, contractor info.

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4.3. Inclusions and exclusions

4.3.1. Principle

Specific requirements are assigned to 4-digit HS codes (using the hs_code element).

There will be situations where a specific requirement is not applicable to all goods covered by the four-digit HS. There are 2 possible ways of expressing this:

• using the inclusions element in order to expressed all covered cases

• using the exclusions element in order to express that the requirement is generally applicable except for the case(s) expressed in the exclusion element.

The inclusions and exclusions are often expressed as a list of product codes (under a given four-digit HS code) but can also refer to other applicability conditions. They can also mix HS code related conditions with other applicability conditions. Here are a few examples:

• Only required for 2933.39, 2933.49, 2933.53, 2933.59, 2933.79, 2933.99 • Not required for 0210.11, 0210.12, 0210.19 . • Only required for uncured hides and skins • Only required if subject to CITES • Only required for 9404.90 if containing eiderdowns • Only required for 9505.10 if aerosol sprays containing CFCs • Only applicable to products outside the range of 8-26% milk fat content (usually falling

outside 0402.21.11, 0402.29.11) • Only prohibited for 0206.30, 0206.41, 0206.49

Type of inclusion or exclusion

XML elements Example of note (inclu_note or exclu_note)

Inclusion expressed as a series of included HS codes

inclu_note : mandatory inclu_list : mandatory exclu_note: no exclu_list: no If inclu_note is non null, MADB displays inclu_note, otherwise MADB constructs a note based on the HS codes listed in inclu_list. The constructed note starts with "Only required for".

Only required for 2933.39, 2933.49, 2933.53, 2933.59, 2933.79, 2933.99.

Exclusion expressed as a series of exclude HS codes

inclu_note : no inclu_list : no exclu_note: mandatory exclu_list: mandatory If exclu_note is non null, MADB displays exclu_note, otherwise MADB constructs a note based on the HS codes listed in exclu_list. The constructed note starts with "Not required for".

Not required for 0210.11, 0210.12, 0210.19

Inclusion, unrelated to HS codes

inclu_note : mandatory inclu_list : no exclu_note: no

Only required for uncured hides and skins.

44

exclu_list: no MADB displays the inclu_note.

Exclusion, unrelated to HS codes

inclu_note : no inclu_list : no exclu_note: mandatory exclu_list: no MADB displays the exclu_note.

Not applicable if fibre/non woven

Inclusion, expressed as a mix of HS code related and non HS code related conditions.

inclu_note : mandatory inclu_list : mandatory exclu_note: no exclu_list: no MADB displays the inclu_note.

Only required for 0205.00.20, 0205.00.80 if covered by CITES convention

Exclusion, expressed as a mix of HS code related and non HS code related conditions.

inclu_note : no inclu_list : no exclu_note: mandatory exclu_list: mandatory MADB displays the exclu_note.

Not applicable to 0105.99 if poultry not older than one week and if poultry intended for production purposes

4.3.2. Note wording

Inclusion notes must start with one of the following phrases: • "Only required" • "Only applicable" • "Only prohibited"

Exclusion notes must start with one of the following phrases: • "Not required" • "Not applicable" • "Not prohibited"

4.4. modifSummary

The modifSummary element must be used by the contractor to inform DG Trade of modifications introduced in the current revision with comparison to the previous revision. This info is for internal use only and is not displayed on the public web site. Here is an example of modifSummary content: The import documentation for Libya has been completely reviewed and adapted to new regulations. The document entitled "Trade Name Registration" has been incorporated into the report. Due to further liberalisation efforts, the documents entitled "Contract on the Importation of Goods" and "Registration with the General Company for Stationary and Office Equipment Supplies" are no longer required and thus have been excluded from the documentation. The form of the document entitled "Registration with the National Supply Corporation" has been exchanged by an enhanced version and the procedure has been adapted to the current legislation. Several other documents have been updated with regard to various details. Specific measures have been taken to encourage private trade and gradually withdraw government involvement, e.g. previous monopolies have been softened and the banking sector allows for more diversity as to the choice of

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the hard currency to be used in the transaction and the commercial bank. As a consequence, the following documents have been altered: "Opening of a Foreign Currency Account", "Application for Foreign Capital Investment", "Registration with the NASCO" and "Importation of Medical Products and Narcotics".

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5. TEXT FORMATTING INSTRUCTIONS

5.1. General constraints

Each overview or general/specific requirement corresponds to one individual HTML 4 file. If possible, the file should be XHTML-compliant. This is not a compulsory constraint, but is considered as a plus point in the evaluation. The html file must be encoded using UTF-8. The file name must be in lowercase, must start with an alphabetical character, may not contain special characters or spaces and must have a maximum length of 256 characters. The file must have the ".html" extension. The html files will be used in a Unix system, therefore the line breaks must be represented by a single Line-Feed character and not by Carriage-Return followed by a Line-Feed (like in Windows systems).

5.2. Document title of general/specific requirements

MADB uses the text provided in XML element doc_label to construct the page displaying the general or specific requirement. For that reason, the title of the document must not be included in the html (otherwise it would appear in double on the MADB web site).

5.3. Links

The links created in a document should respect the following rules. If the link points to another website, the target must be set to "external". Example: <a href=”http://europa.eu.int/comm/trade/index_en.htm” target=”external”>DG Trade Website</a> If the link points to another document in the data set, it must have the target set to "egif": Example: <a href="file.html" target="egif">my link to a document</a> If there are bookmarks, the link also needs the target="egif" attribute. Example: <a href="#book1" target="egif">another link</a> Example: <a href=”file.html#book1” target="egif">yet another link</a>

5.4. CSS classes

DG Trade uses a CSS style sheet to display the html documents. The contractor must use the CSS predefined classes described below. The use of inline styles is forbidden.

The titles can be of level 1, 2 or 3. The titles must be in a paragraph tag with the class= "egif_title1" or "class=egif_title2" or class="egif_title3": title level 1 title level 2 title level 3 Bullet lists can be ordered or unordered. The title of the bullet list must be placed in a paragraph tag with the class="egif_list_title": Bullet list unordered title To create a normal block text use class="egif": paragraph

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To add bold text in the document use the class="egif_bold". bold text To add italic text use the class="egif_italic": italic text To ident text there are two classes available class=egif_indent1 and class=indent2: indent text level 1 indent text level 2 For the tables use class="egif_tabletitle" for the <th> tags and class="egif_tablecontent" for the <td> tags: <th class="egif_tabletitle">title</th> <td width="50%" class="egif_tablecontent">content</td> The title of a footnote should use class="egif_footnote": footnote text For the list of abbreviations use: Abbreviations <ul> <li class=egif_abbreviations> abbreviation</li> <li class=egif_abbreviations> abbreviation</li> </ul> For the table of contents (used in the overview.html document) use: Table of contents <ul> <li class="egif_table_of_contents">item</li> <li class="egif_table_of_contents">item</li> </ul> For the changes title (used in the overview.html document) use the class="egif_changes_title": changes

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5.5. CSS style sheet

DG Trade uses the following style sheet:

p.egif_title1 { font-family: Verdana, sans-serif; color: #004798; font-size: 16px; font-weight: bold; text-align: left; text-decoration: none; margin-left: 0px; margin-bottom: 4px; } p.egif_title2 { font-family: Verdana, sans-serif; color: #004798; font-size: 14px; font-weight: bold; text-align: left; text-decoration: none; margin-left: 0px; margin-bottom: 4px; } p.egif_title3 { font-family: Verdana, sans-serif; color: #004798; font-size: 12px; font-weight: bold; text-align: left; text-decoration: none; margin-left: 0px; margin-bottom: 4px; } p.egif_list_title { font-family: Verdana, sans-serif; color: #004798; font-size: 12px; font-weight: bold; text-align: justify; margin-right: 8px; line-height: 130%; margin-top: 4px; text-decoration:underline; } p.egif_italic { font-family: Verdana, sans-serif; color: #004798; font-size: 12px; font-weight: bold; text-align: justify; margin-right: 8px; line-height: 130%; margin-top: 4px; font-style:italic; } p.egif_bold { font-family: Verdana, sans-serif; color: #004798; font-size: 12px; font-weight: bold; text-align: justify; margin-right: 8px; line-height: 130%; margin-top: 4px; } p.egif_indent1 { font-family: Verdana, sans-serif; color: #004798; font-size: 12px; font-weight: normal; text-align: justify; margin-right: 8px; line-height: 130%; margin-top: 4px; margin-left:4px; }

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p.egif_indent2 { font-family: Verdana, sans-serif; color: #004798; font-size: 12px; font-weight: normal; text-align: justify; margin-right: 8px; line-height: 130%; margin-top: 4px; margin-left:15px; } .egif { font-family: Verdana, sans-serif; color: #004798; font-size: 12px; font-weight: normal; text-align: justify; margin-right: 8px; line-height: 130%; margin-top: 4px; } .egif a:link { color: #004798; font-weight: bold; text-decoration: underline; } .egif a:visited { color: #004798; font-weight: bold; text-decoration: underline; } .egif a:hover { color:#3399CC; font-weight: bold; text-decoration: underline; } ul { font-family: Verdana, sans-serif; color: #004798; font-size: 12px; text-align: left; line-height: 130%; list-style-type:square; list-style-position:outside; } ul a:link { color: #004798; font-weight: bold; text-decoration: underline; } ul a:visited { color: #004798; font-weight: bold; text-decoration: underline; } ul a:hover { color:#3399CC; font-weight: bold; text-decoration: underline; } ol { font-family: Verdana, sans-serif; color: #004798; font-size: 12px; text-align: left; line-height: 130%; list-style-type: decimal; } th.egif_tabletitle { font-family: Verdana, sans-serif; color: #004798; font-weight:bold } td.egif_tablecontent{ font-family: Verdana, sans-serif; color: #004798; font-size: 12px; list-style-type:disc } p.egif_footnote { font-family: Verdana, sans-serif; color: #004798; font-size: 10pt; } li.egif_abbreviations{ font-family: Verdana, sans-serif; color: #666666; font-size: 11px; font-weight: normal; line-height: 130%; list-style-type:square } p.egif_abbreviations_title{ font-family: Verdana, sans-serif; color: #999999; font-size: 12px; font-weight: bold; text-align: left; text-decoration: none;

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margin-left: 0px; margin-bottom: 4px; } li.egif_table_of_contents { list-style-type:square; list-style-position:outside; font-family: Verdana, sans-serif; color: #004798; font-size: 12px; font-weight:normal; text-align: left; margin-left: 0px; line-height: 140%; } li.egif_table_of_contents a:link { color: #004798; font-weight:normal; text-decoration: none; } li.egif_table_of_contents a:visited { color: #004798; font-weight:normal; text-decoration: none; } li.egif_table_of_contents a:hover { color: #FF6600; font-weight:normal; text-decoration: none; } p.egif_table_of_contents_title { font-family: Verdana, sans-serif; color: #004798; font-size: 12px; font-weight: bold; text-align: left; text-decoration: none; margin-left: 0px; padding-bottom: 3px; } p.egif_changes_title { font-family: Verdana, sans-serif; color:#FF6600; font-size: 12px; font-weight: bold; text-align: left; text-decoration: none; margin-left: 0px; margin-bottom: 4px; } /* table { font-family: Arial; font-size: 12px; } */

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6. EXAMPLE XML FILE

In this chapter, we include a file illustrating the various aspects of the XML schema.

6.1. Example file The following example xml file contains information pertaining to Iran and the following HS codes:

• 1507 (example with one specific requirement and no inclusions nor exclusions), • 2933 (example with one specific requirement having an inclusions list) • 0210 (example with a few specific requirements, two of them having an exclusions list).

<?xml version="1.0" encoding="UTF-8"?> <egif xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamespaceSchemaLocation="D:\eclipse\workspace\mkaccdb\schemas\importformalities002.xsd"> <update country_id="IR" year="2004" revision="03" date="2004-06-03" country_label="Iran" update_filename="MAIF-IR06-01v001" contractor_id="X" contractor_name="XXX" contractor_email="[email protected]" version="001"/> <modifSummary>example file</modifSummary> <overview> <ov_doc_id>over01</ov_doc_id> </overview> <general_requirements> <gr_list> <gr_doc_id>MFEST</gr_doc_id> <gr_doc_id>CID</gr_doc_id> <gr_doc_id>INVOICE</gr_doc_id> <gr_doc_id>CF_ORIG</gr_doc_id> <gr_doc_id>AWB</gr_doc_id> <gr_doc_id>BL</gr_doc_id> <gr_doc_id>CMR</gr_doc_id> <gr_doc_id>CF_INS</gr_doc_id> <gr_doc_id>PLIST</gr_doc_id> <gr_doc_id>PRE_INS</gr_doc_id> <gr_doc_id>REG_IMP</gr_doc_id> <gr_doc_id>REG_CC</gr_doc_id> </gr_list> </general_requirements> <specific_requirements> <product> <hs_code>1507</hs_code> <hs_label>SOYA-BEAN OIL AND ITS FRACTIONS, WHETHER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED</hs_label> <sr_list> <sr_doc_mapping> <sr_doc_id>CF_ANA</sr_doc_id> </sr_doc_mapping> </sr_list> </product> <product> <hs_code>2933</hs_code> <hs_label>HETEROCYCLIC COMPOUNDS WITH NITROGEN HETERO-ATOM(S) ONLY</hs_label> <sr_list> <sr_doc_mapping> <sr_doc_id>PRH_IMP</sr_doc_id> <inclusions> <inclu_note>Only required for 2933.39, 2933.49, 2933.53, 2933.59, 2933.79, 2933.99</inclu_note> <inclu_list> <inclu_hs_code>293339</inclu_hs_code> <inclu_hs_code>293349</inclu_hs_code> <inclu_hs_code>293353</inclu_hs_code> <inclu_hs_code>293359</inclu_hs_code> <inclu_hs_code>293379</inclu_hs_code>

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<inclu_hs_code>293399</inclu_hs_code> </inclu_list> </inclusions> </sr_doc_mapping> </sr_list> </product> <product> <hs_code>0210</hs_code> <hs_label>MEAT AND EDIBLE MEAT OFFAL, SALTED, IN BRINE, DRIED OR SMOKED; EDIBLE FLOURS AND MEALS OF MEAT OR MEAT OFFAL</hs_label> <sr_list> <sr_doc_mapping> <sr_doc_id>A_CITES</sr_doc_id> <inclusions> <inclu_note>Only required if subject to CITES </inclu_note> </inclusions> </sr_doc_mapping> <sr_doc_mapping> <sr_doc_id>CF_VET</sr_doc_id> <exclusions> <exclu_note>Not required for 0210.11, 0210.12, 0210.19 </exclu_note> <exclu_list> <exclu_hs_code>021011</exclu_hs_code> <exclu_hs_code>011012</exclu_hs_code> <exclu_hs_code>021019</exclu_hs_code> </exclu_list> </exclusions> </sr_doc_mapping> <sr_doc_mapping> <sr_doc_id>CF_HALAL</sr_doc_id> <exclusions> <exclu_note>Not required for 0210.11, 0210.12, 0210.19 </exclu_note> <exclu_list> <exclu_hs_code>021011</exclu_hs_code> <exclu_hs_code>011012</exclu_hs_code> <exclu_hs_code>021019</exclu_hs_code> </exclu_list> </exclusions> </sr_doc_mapping> </sr_list> </product> </specific_requirements> <docs> <doc> <doc_scope doc_type="O"/> <doc_id>over01</doc_id> <doc_label>Overview of Import Procedures General Requirements</doc_label> <doc_filename>overview.html</doc_filename> </doc> <doc> <doc_scope doc_type="G"/> <doc_id>MFEST</doc_id> <doc_label>Manifest </doc_label> <doc_filename>MFEST</doc_filename> <doc_order>1</doc_order> </doc> <doc> <doc_scope doc_type="G"/> <doc_id>CID</doc_id> <doc_label>Customs Import Declaration </doc_label> <doc_filename>cid.html</doc_filename> <doc_order>2</doc_order> <images_list> <image> <image_label>form 1</image_label> <image_filename>cid1.gif</image_filename> </image> </images_list> </doc> <doc> <doc_scope doc_type="G"/>

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<doc_id>INVOICE</doc_id> <doc_label>Commercial Invoice </doc_label> <doc_filename>invoice.html</doc_filename> <doc_order>3</doc_order> <images_list> <image> <image_label>Commercial form</image_label> <image_filename>invoice.gif</image_filename> </image> </images_list> </doc> <doc> <doc_scope doc_type="G"/> <doc_id>CF_ORIG</doc_id> <doc_label>Certificate of Origin </doc_label> <doc_filename>cf_orig.html</doc_filename> <doc_order>4</doc_order> <images_list> <image> <image_label>Certificate form</image_label> <image_filename>cf_orig.gif</image_filename> </image> </images_list> </doc> <doc> <doc_scope doc_type="G"/> <doc_id>AWB</doc_id> <doc_label>Air Waybill </doc_label> <doc_filename>awb.html</doc_filename> <doc_order>5</doc_order> <images_list> <image> <image_label>Air Waybil form</image_label> <image_filename>awb.gif</image_filename> </image> </images_list> </doc> <doc> <doc_scope doc_type="G"/> <doc_id>BL</doc_id> <doc_label>Bill of Lading </doc_label> <doc_filename>bl.html</doc_filename> <doc_order>6</doc_order> <images_list> <image> <image_label>Bill of lading form</image_label> <image_filename>bl.gif</image_filename> </image> </images_list> </doc> <doc> <doc_scope doc_type="G"/> <doc_id>CMR</doc_id> <doc_label>Waybill </doc_label> <doc_filename>cmr.html</doc_filename> <doc_order>7</doc_order> <images_list> <image> <image_label>CMR form 1</image_label> <image_filename>cmr1.gif</image_filename> </image> <image> <image_label>CMR form 2</image_label> <image_filename>cmr2.gif</image_filename> </image> </images_list> </doc> <doc> <doc_scope doc_type="G"/> <doc_id>CF_INS</doc_id> <doc_label>Certificate of Insurance </doc_label> <doc_filename>cf_ins.html</doc_filename> <doc_order>8</doc_order> </doc>

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<doc> <doc_scope doc_type="G"/> <doc_id>PLIST</doc_id> <doc_label>Packing List </doc_label> <doc_filename>PLIST</doc_filename> <doc_order>9</doc_order> <images_list> <image> <image_label>form 1</image_label> <image_filename>plist.gif</image_filename> </image> </images_list> </doc> <doc> <doc_scope doc_type="G"/> <doc_id>PRE_INS</doc_id> <doc_label>Pre-Shipment Inspection </doc_label> <doc_filename>pre_ins.html</doc_filename> <doc_order>10</doc_order> </doc> <doc> <doc_scope doc_type="G"/> <doc_id>REG_IMP</doc_id> <doc_label>Import Registration </doc_label> <doc_filename>reg_imp.html</doc_filename> <doc_order>11</doc_order> <images_list> <image> <image_label>form 1</image_label> <image_filename>reg.gif</image_filename> </image> <image> <image_label>form 2</image_label> <image_filename>reg.gif</image_filename> </image> </images_list> </doc> <doc> <doc_scope doc_type="G"/> <doc_id>REG_CC</doc_id> <doc_label>Registration with the Chamber of Commerce </doc_label> <doc_filename>reg_cc.html</doc_filename> <doc_order>12</doc_order> </doc> <doc> <doc_scope doc_type="S"/> <doc_id>CF_ANA</doc_id> <doc_label>Certificate of analysis</doc_label> <doc_filename>cf_ana.html</doc_filename> </doc> <doc> <doc_scope doc_type="S"/> <doc_id>A_CITES</doc_id> <doc_label>Approval to Import Endangered Species and Products Thereof </doc_label> <doc_filename>a_cites.html</doc_filename> </doc> <doc> <doc_scope doc_type="S"/> <doc_id>CF_VET</doc_id> <doc_label>Veterinary Certificate </doc_label> <doc_filename>cf_vet.html</doc_filename> </doc> <doc> <doc_scope doc_type="S"/> <doc_id>CF_HALAL</doc_id> <doc_label>Halal Certificate </doc_label> <doc_filename>cf_halal.html</doc_filename> <images_list> <image> <image_label>form 1</image_label> <image_filename>cf_halal.gif</image_filename> </image> </images_list> </doc>

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<doc> <doc_scope doc_type="S"/> <doc_id>A_I_BREE</doc_id> <doc_label>Approval to Import Breeding Animals</doc_label> <doc_filename>a_i_bree.html</doc_filename> </doc> <doc> <doc_scope doc_type="S"/> <doc_id>PRH_IMP</doc_id> <doc_label>Prohibited Imports</doc_label> <doc_filename>prh_imp.html</doc_filename> </doc> </docs> </egif> Filename : MAIF-IR06-01v001.xml

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6.2. Display of example file in MADB

The content of the XML file is rendered as follows in the market access application.

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7. EXAMPLE OVERVIEW FILE (INDONESIA)

7.1. Example overview file

An example overview html file is depicted below. Note that:

• The file does not contain the list of general and specific documents. This list is generated automatically by DG Trade (using the XML file).

• The use of <html>, <head> and <body> tags is forbidden.

Contents<ul> <li class="egif_table_of_contents"> <a href="#kap01">Changes</a></li> <li class="egif_table_of_contents"> <a href="#kap02">Note</a></li> <li class="egif_table_of_contents"> <a href="#kap03">Registration</a></li> <li> <a href="#kap04">Import Regulations</a></li> <li class="egif_table_of_contents"> <a href="#kap05">International Agreements</a></li> <li> <a href="#kap06">Preferential Treatment</a></li> <li> <a href="#kap07">Customs Procedures</a></li> <li class="egif_table_of_contents"> <a href="#kap08">Warehousing</a></li> <li class="egif_table_of_contents"> <a href="#kap09">Free Trade Zones</a></li> <li class="egif_table_of_contents"> <a href="#kap10">Plants and Plant Products</a></li> <li class="egif_table_of_contents"> <a href="#kap11">Animals and Products of Animal Origin</a></li> <li class="egif_table_of_contents"> <a href="#kap12">Foodstuffs</a></li> <li class="egif_table_of_contents"> <a href="#kap13">Pharmaceutical Products, Cosmetics and Chemical Products</a></li> <li class="egif_table_of_contents"> <a href="#kap14">Dangerous Materials</a></li> <li class="egif_table_of_contents"> <a href="#kap15">Waste</a></li> <li class="egif_table_of_contents"> <a href="#kap16">Motor Vehicles</a></li> <li class="egif_table_of_contents"> <a href="#kap17">Second-Hand Goods</a></li> <li class="egif_table_of_contents"> <a href="#kap18">Standardization</a></li> <li class="egif_table_of_contents"> <a href="#kap19">Customs Inspection</a></li> <li class="egif_table_of_contents"> <a href="#kap20">Currency and Payments</a></li> <li class="egif_table_of_contents"> <a href="#kap21">Packaging and Marking Requirements</a></li> <li class="egif_table_of_contents"> <a href="#kap22">Abbreviations</a></li> </ul>

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<a name="kap01">Changes</a> (All data updated on 6 February 2004) The import documentation for Indonesia has been completely reviewed and adapted to new regulations. The following document has been incorporated into the documentation: <ul> <li>"Import Approval for Defined Books and Printed Media"</li> </ul> Several other documents have been revised with regard to various details. <a name="kap02">Note</a> HS codes derive from the valid Indonesian customs tariff. <a name="kap03">Registration</a> All companies engaged in trade activities must be registered with the Investment Coordinating Board (BKPM) in Indonesia. There are three types of companies in Indonesia, which are classified according to the degree of participation of foreign investment capital: <ul> <li>PT: Perusahan Terbatas, which is a private limited company as defined by the Indonesian law;</li> <li>PMA: Penanaman Modal Asing (= Foreign Capital Investment Company), which is an investment company with complete or partial foreign shareholding;</li> <li>PMDN: Penanaman Modal Dalam Negeri (= Domestic Capital Investment Company), which is an investment company with complete or partial local shareholding.</li> </ul> Furthermore, all companies must be registered with the Tax Office at the Ministry of Finance in order to obtain a registration number. The application procedure for registration is described in the document <a href="wtdout.pl?COUNTRY=ID&DOC=NPWP">Tax Payer Registration Code Number (NPWP)</a>. Besides the corporate registration certificate, all companies must obtain a trade business licence in order to perform trade activities in Indonesia. The procedure for obtaining the licence is described in the document "Trade Business Licence (SIUP)". <a name="kap04">Import Regulations</a> The importation of goods into Indonesia can only be conducted through registered importers. There are three types of importer registration/licensing in Indonesia, which are generally based not on specific goods, but on the purpose of importation: <ul> <li>General Importer: This importer is allowed to import goods determined for sale in the Indonesian market. As a general importer, he will have to obtain the "General Importer's Identification Number (APIU)". Further information is given in the corresponding document.</li> <li>Producer Importer: This importer is assigned a "Producer Importer's Identification Number (APIP)" and is allowed to import goods he needs for his own production purposes. Further information is given in the corresponding document.</li> <li>Limited Importer: These are in general PMA and PMDN companies that are granted a "Limited Importer's Identification Number (APIT)", which allows them to import capital goods and/or basic and auxiliary equipment for the purposes of setting up a company. Further information is given in the corresponding document as well as in the documents "Masterlist" and "Limited Importer's Identification Card (APIT-Card)".</li> </ul> Additionally, due to recent changes in the Indonesian regulations (Decree of the Minister of Industry and Trade No. 141/MPP/Kep/3/2002, Decree of the Director General of Foreign Trade No. 05/DJPLN/KP/III/2002), certain kinds of goods like maize (corn), rice, soya beans, cane and beet sugar, textile products, shoes and certain types of machines and electronic devices can be

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imported into Indonesia only through importers who are specially authorized through the granting of the "Special Importer's Identification Code Number (NPIK)". This number is issued only to holders of an importer registration as described above. Some of the textile products subject to the NPIK are further regulated in a way that they may be imported only if they are intended as auxiliary or raw materials for production purposes. In order to import these goods, the concerned company, which must be in possession of an NPIK, must obtain a special "Approval as Textile Producer Importer". The application procedure is described in the related document. The Indonesian authorities regularly publish the names of the companies that have obtained one of the above mentioned importer licences. Although these import licences are mainly classified according to the purpose of importation, there are a number of goods subject to import restrictions in Indonesia, which can be imported exclusively by a general importer or a producer importer. Furthermore, there are a number of goods like oil, explosive means, arms and ammunition, narcotics, psychotropic substances, pharmaceutical products, heavy equipment or different types of waste which are subject to the import trade system and which can be imported only through companies specially appointed by the government. The documents in the section "Specific Requirements" referring to these goods as well as the document "Government Import Authorization" give further information on this issue. If a company does not possess the Importer's Identification Number, the importation will have to be conducted through a sole agent, who must be approved by the appropriate department of the Ministry of Trade and Industry overseeing the industry in question. See the document "Letter of Approval of Sole Agents" for details. <a name="kap05">International Agreements</a> Indonesia is member of the following treaties and has signed the agreements listed herebelow: <ul> <li>ASEAN (Association of Southeast Asian Nations)</li> <li>AFTA (ASEAN Free Trade Agreement)</li> <li>APEC (Asia-Pacific Economic Cooperation)</li> <li>WTO (World Trade Organization)</li> <li>HS (Harmonized System)</li> </ul> <a name="kap06">Preferential Treatment</a> As a member of ASEAN, Indonesia is party to the ASEAN Free Trade Agreement (AFTA). The member states of this agreement are currently developing a common preferential tariff, which is expected to be completed in 2003 for most traded goods. <a name="kap07">Customs Procedures</a> The Indonesian Customs Law, which entered into force in April 1997, mainly differentiates between the following types of customs procedures: <ul> <li>importation for home use</li> <li>temporary admission</li> <li>entry into a free zone</li> <li>entry into a free warehouse</li> <li>transit/transshipment</li> <li>re-exportation from the customs territory of Indonesia</li> <li>release for free circulation</li> </ul> <a name="kap08">Warehousing</a> Goods entering or leaving the customs territory may be declared for customs warehousing in a warehouse where the goods are placed under customs supervision.

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<a name="kap09">Free Trade Zones</a> At present, there are a number of free trade zones in Indonesia, the most important of which are the Batam region (including the islands Batam, Rempang and Galang), Tanjung Priok and Cakung. <a name="kap10">Plants and Plant Products</a> Plants and products of plant origin that are to be imported are inspected by the Indonesian phytosanitary authorities. See the document "Phytosanitary Inspection" for further details. Phytosanitary Certificates issued by the appropriate authorities of the EU member countries are recognized if they contain all the information required by the Indonesian phytosanitary authorities. <a name="kap11">Animals and Products of Animal Origin</a> Live animals are subject to a veterinary inspection carried out by the Indonesian veterinary authorities at the customs offices of entry. See the document "Veterinary Inspection" for further details. Veterinary Certificates issued by the appropriate authorities of the EU member countries are recognized if they contain all the information required by the Indonesian veterinary authorities. In some cases, the importer may require a certificate confirming that products of animal origin have been manufactured and packed according to Islamic regulations. See the document "Halal Certificate" for further details. <a name="kap12">Foodstuffs</a> Foodstuffs imported into Indonesia must be entered into the register of the Directorate for Food and Beverage Supervision, which is assigned to the Institute for Drugs and Food Control (Badan POM). Together with the approval of registration, this authority stipulates the form and the content of the labels which are to be attached to the products. See the document "Registration of Foodstuffs" for more information. Furthermore, wheat flour imported into Indonesia must undergo a certification procedure in order to ensure that it complies with Indonesian foodstuff standards. More details on the procedure are given in the document "Certificate of Conformity for Wheat Flour". <a name="kap13">Pharmaceutical Products, Cosmetics and Chemical Products</a> Pharmaceutical products and cosmetics that are to be imported into Indonesia must be entered into the register of the Institute for Drugs and Food Control (Badan POM). Furthermore, the importation of pharmaceutical products, narcotics and psychotropic substances is subject to an import monopoly and can be performed only through companies which are specially authorized by the Ministry of Health. Usually, these are big pharmaceutical companies, wholesalers and research centres. Some chemical elements and products like fluorine, bromine, chlorine, sulphur, carbon, hydrogen, ethylene, halogen derivatives and saccharin must be accompanied by a "Certificate of Analysis" issued in the country of origin. More information is given in the corresponding documents. <a name="kap14">Dangerous Materials</a> Materials that may harm human health or the ecological system require an import approval which is granted to licensed importers. Dangerous materials include chemical or biological substances which are life threatening or which cause diseases. For further information, see the document "Import Approval for Dangerous Materials". <a name="kap15">Waste</a> According to the current regulations on the import trade system, the importation of waste,

62

including lead waste (designated as B3-waste), can only be conducted through general importers or producer importers granted special licences by the Ministry of Trade and Industry. For further information please see the documents "Import Approval for Lead Waste for Producer Importers", "Import Approval for Waste for Producer Importers" and "Import Approval for Waste for General Importers". Moreover, waste, lead waste and used machinery, including certain types of motor vehicles, must be accompanied by a "Certificate of Conformity" issued in the country of supply and certifying their compliance with Indonesian import requirements. See the corresponding document for more information. <a name="kap16">Motor Vehicles</a> There are a number of motor vehicles whose importation is prohibited. However, certain types of used motor vehicles manufactured no more than five years prior to the importation are allowed to be imported. They must be accompanied by a certificate issued in the country of supply confirming that the goods are not in scrap condition and that they conform to the Indonesian import requirements. Furthermore, they have to be registered with the Directorate General of Metal, Machine, Electronic and Multifarious Industries at the Ministry of Trade and Industry. See the documents "Exceptional Import Approval for Second-Hand Goods", "Registration of Used Motor Vehicles" and "Certificate of Conformity" for more information. The importation of completely built up motor vehicles is allowed without a prior permission if the importation is conducted through a registered importer and if the shipment is accompanied by following documents: <ul> <li>vehicle identification number</li> <li>test certificates from the country of origin</li> <li>statement from the importer on quality guarantee effective in Indonesia after sale.</li> </ul> <a name="kap17">Second-Hand Goods</a> Used machines, vehicles, machine tools and capital goods may only be imported with an exceptional import permit from the Ministry of Trade and Industry. Furthermore, a certificate confirming that these goods can be repaired and re-used or that they are not in scrap condition must accompany the shipment. See the documents "Exceptional Import Approval for Second-Hand Goods" and "Certificate of Conformity" for further information. <a name="kap18">Standardization</a> Indonesia applies a set of own norms and standards summed up under the acronym SNI (Standar Nasional Indonesia). Generally, goods conforming to internationally applied norms and standards may be imported without being subjected to further certification. <a name="kap19">Customs Inspection</a> Shipments with a value exceeding 5,000 USD are subject to a quality, quantity and price inspection in Indonesia. This inspection will be automatically conducted by the Indonesian customs authorities upon the arrival of the shipment at the customs office of entry. Certain products of iron and steel on the other hand are subject to a mandatory preshipment inspection carried out in the country of export regardless of the value of the shipment. See the document "Inspection Order" for details. <a name="kap20">Currency and Payments</a> The Indonesian Rupiah (IDR) is freely convertible. As there are no capital controls in Indonesia, foreign exchange may flow in and out of the country without a prior permit. However, according to the Foreign Exchange Law No. 24/1999, which entered into force in April 2000, all foreign exchange transactions exceeding 10,000 USD must be reported.

63

The recommended term of payment is a confirmed and irrevocable letter of credit. All import duties and related taxes and charges must be paid through certain officially designated banks and not in cash. <a name="kap21">Packaging and Marking Requirements</a> Generally, it is advisable to consult the importer regarding marking and packaging requirements, especially with regard to foodstuffs and alcoholic beverages. Goods intended for use in households, beverages, soaps, textiles, porcelain, ceramics and glass products can be imported in the original packaging only. The indications on the labels of the goods must be written in the Indonesian language. Electronic goods intended for sale in the Indonesian market must be accompanied by manuals and guarantee cards in the Indonesian language. The manuals are to contain information on purpose, maintenance and product specification. The guarantee cards have to be valid for at least one year after the importation. <a name="kap22">Abbreviations</a> <ul> <li class="egif_abbreviations">APIP: Producer Importer's Identification Number</li> <li class="egif_abbreviations">APIT: Limited Importer's Identification Number</li> <li class="egif_abbreviations">APIT-Card: Limited Importer's Identification Card</li> <li class="egif_abbreviations">APIU: General Importer's Identification Number</li> <li class="egif_abbreviations">BKPM: Investment Coordinating Board</li> <li class="egif_abbreviations">BKPMD: Regional Investment Coordinating Boards</li> <li class="egif_abbreviations">BM: Import Duty</li> <li class="egif_abbreviations">BOPEDAL: Board of Control over Impacts on Environment</li> <li class="egif_abbreviations">BULOG: State Logistic Agency</li> <li class="egif_abbreviations">CIF: Cost, Insurance, Freight</li> <li class="egif_abbreviations">EU: European Union</li> <li class="egif_abbreviations">HS: Harmonized System</li> <li class="egif_abbreviations">ID: Indonesia</li> <li class="egif_abbreviations">IDR: Indonesian Rupiah</li> <li class="egif_abbreviations">NPIK: Special Importer's Identification Code Number </li> <li class="egif_abbreviations">NPPKP: confirmation of tax liability</li> <li class="egif_abbreviations">NPWP: Tax Payer Registration Code Number</li> <li class="egif_abbreviations">PMA: Penanaman Modal Asing (Foreign Capital Investment Company)</li> <li class="egif_abbreviations">PMDN: Penanaman Modal Dalam Negeri (Domestic Capital Investment Company)</li> <li class="egif_abbreviations">PPh: income tax</li> <li class="egif_abbreviations">PPJK: customs broker</li> <li class="egif_abbreviations">PPN: Import Value Added Tax</li> <li class="egif_abbreviations">PPnBM: sales tax on luxury goods</li> <li class="egif_abbreviations">PT: Perusahan Terbatas (Private Limited Company)</li> <li class="egif_abbreviations">SIUP: Trade Business Licence</li> <li class="egif_abbreviations">SNI: Standar Nasional Indonesia</li> <li class="egif_abbreviations">SSBC: Import Duty Receipt</li> <li class="egif_abbreviations">SSP: Tax Payment Receipt</li> <li class="egif_abbreviations">USD: US Dollar</li> </ul> name of file: overview.html

7.2. Display of the example file in MADB (Sample of the Import Overview, Indonesia)

Contents

Changes

64

Note

Registration

Import Regulations

International Agreements

Preferential Treatment

Customs Procedures

Warehousing

Free Trade Zones

Plants and Plant Products

Animals and Products of Animal Origin

Foodstuffs

Pharmaceutical Products, Cosmetics and Chemical Products

Dangerous Materials

Waste

Motor Vehicles

Second-Hand Goods

Standardization

Customs Inspection

Currency and Payments

Packaging and Marking Requirements

Abbreviations

Changes (All data updated on 6 February 2004)

The import documentation for Indonesia has been completely reviewed and adapted to new

regulations. The following document has been incorporated into the documentation:

"Import Approval for Defined Books and Printed Media"

Several other documents have been revised with regard to various details.

Note

HS codes derive from the valid Indonesian customs tariff.

Registration

All companies engaged in trade activities must be registered with the Investment Coordinating

Board (BKPM) in Indonesia. There are three types of companies in Indonesia, which are

classified according to the degree of participation of foreign investment capital:

PT: Perusahan Terbatas, which is a private limited company as defined by the Indonesian

law;

PMA: Penanaman Modal Asing (= Foreign Capital Investment Company), which is an

65

investment company with complete or partial foreign shareholding;

PMDN: Penanaman Modal Dalam Negeri (= Domestic Capital Investment Company), which

is an investment company with complete or partial local shareholding.

Furthermore, all companies must be registered with the Tax Office at the Ministry of Finance in

order to obtain a registration number. The application procedure for registration is described in

the document

Tax Payer Registration Code Number (NPWP).

Besides the corporate registration certificate, all companies must obtain a trade

business licence in order to perform trade activities in Indonesia. The procedure for

obtaining the licence is described in the document "Trade Business Licence (SIUP)".

Import Regulations

The importation of goods into Indonesia can only be conducted through registered importers.

There are three types of importer registration/licensing in Indonesia, which are generally based

not on specific goods, but on the purpose of importation:

General Importer: This importer is allowed to import goods determined for sale in the

Indonesian market. As a general importer, he will have to obtain the "General Importer's

Identification Number (APIU)". Further information is given in the corresponding document.

Producer Importer: This importer is assigned a "Producer Importer's Identification Number

(APIP)" and is allowed to import goods he needs for his own production purposes. Further

information is given in the corresponding document.

Limited Importer: These are in general PMA and PMDN companies that are granted a

"Limited Importer's Identification Number (APIT)", which allows them to import capital

goods and/or basic and auxiliary equipment for the purposes of setting up a company.

Further information is given in the corresponding document as well as in the documents

"Masterlist" and "Limited Importer's Identification Card (APIT-Card)".

Additionally, due to recent changes in the Indonesian regulations (Decree of the Minister of

Industry and Trade No. 141/MPP/Kep/3/2002, Decree of the Director General of Foreign

Trade No. 05/DJPLN/KP/III/2002), certain kinds of goods like maize (corn), rice, soya beans,

cane and beet sugar, textile products, shoes and certain types of machines and electronic

devices can be imported into Indonesia only through importers who are specially authorized

through the granting of the "Special Importer's Identification Code Number (NPIK)". This

number is issued only to holders of an importer registration as described above.

Some of the textile products subject to the NPIK are further regulated in a way that they may

be imported only if they are intended as auxiliary or raw materials for production purposes.

In order to import these goods, the concerned company, which must be in possession of an

NPIK, must obtain a special "Approval as Textile Producer Importer". The application

procedure is described in the related document.

The Indonesian authorities regularly publish the names of the companies that have obtained

one of the above mentioned importer licences.

Although these import licences are mainly classified according to the purpose of importation,

there are a number of goods subject to import restrictions in Indonesia, which can be

imported exclusively by a general importer or a producer importer.

Furthermore, there are a number of goods like oil, explosive means, arms and ammunition,

narcotics, psychotropic substances, pharmaceutical products, heavy equipment or different

types of waste which are subject to the import trade system and which can be imported only

through companies specially appointed by the government. The documents in the section

"Specific Requirements" referring to these goods as well as the document "Government

66

Import Authorization" give further information on this issue.

If a company does not possess the Importer's Identification Number, the importation will

have to be conducted through a sole agent, who must be approved by the appropriate

department of the Ministry of Trade and Industry overseeing the industry in question. See the

document "Letter of Approval of Sole Agents" for details.

International Agreements

Indonesia is member of the following treaties and has signed the agreements listed

herebelow:

ASEAN (Association of Southeast Asian Nations)

AFTA (ASEAN Free Trade Agreement)

APEC (Asia-Pacific Economic Cooperation)

WTO (World Trade Organization)

HS (Harmonized System)

Preferential Treatment

As a member of ASEAN, Indonesia is party to the ASEAN Free Trade Agreement (AFTA). The

member states of this agreement are currently developing a common preferential tariff, which

is expected to be completed in 2003 for most traded goods.

Customs Procedures

The Indonesian Customs Law, which entered into force in April 1997, mainly differentiates

between the following types of customs procedures:

importation for home use

temporary admission

entry into a free zone

entry into a free warehouse

transit/transshipment

re-exportation from the customs territory of Indonesia

release for free circulation

Warehousing

Goods entering or leaving the customs territory may be declared for customs warehousing in a

warehouse where the goods are placed under customs supervision.

Free Trade Zones

At present, there are a number of free trade zones in Indonesia, the most important of which

are the Batam region (including the islands Batam, Rempang and Galang), Tanjung Priok and

Cakung.

Plants and Plant Products

Plants and products of plant origin that are to be imported are inspected by the Indonesian

phytosanitary authorities. See the document "Phytosanitary Inspection" for further details.

Phytosanitary Certificates issued by the appropriate authorities of the EU member countries are

recognized if they contain all the information required by the Indonesian phytosanitary

67

authorities.

Animals and Products of Animal Origin

Live animals are subject to a veterinary inspection carried out by the Indonesian veterinary

authorities at the customs offices of entry. See the document "Veterinary Inspection" for

further details.

Veterinary Certificates issued by the appropriate authorities of the EU member countries are

recognized if they contain all the information required by the Indonesian veterinary authorities.

In some cases, the importer may require a certificate confirming that products of animal origin

have been manufactured and packed according to Islamic regulations. See the document "Halal

Certificate" for further details.

Foodstuffs

Foodstuffs imported into Indonesia must be entered into the register of the Directorate for

Food and Beverage Supervision, which is assigned to the Institute for Drugs and Food Control

(Badan POM). Together with the approval of registration, this authority stipulates the form and

the content of the labels which are to be attached to the products. See the document

"Registration of Foodstuffs" for more information.

Furthermore, wheat flour imported into Indonesia must undergo a certification procedure in

order to ensure that it complies with Indonesian foodstuff standards. More details on the

procedure are given in the document "Certificate of Conformity for Wheat Flour".

Pharmaceutical Products, Cosmetics and Chemical Products

Pharmaceutical products and cosmetics that are to be imported into Indonesia must be entered

into the register of the Institute for Drugs and Food Control (Badan POM).

Furthermore, the importation of pharmaceutical products, narcotics and psychotropic

substances is subject to an import monopoly and can be performed only through companies

which are specially authorized by the Ministry of Health. Usually, these are big pharmaceutical

companies, wholesalers and research centres.

Some chemical elements and products like fluorine, bromine, chlorine, sulphur, carbon,

hydrogen, ethylene, halogen derivatives and saccharin must be accompanied by a "Certificate

of Analysis" issued in the country of origin.

More information is given in the corresponding documents.

Dangerous Materials

Materials that may harm human health or the ecological system require an import approval

which is granted to licensed importers. Dangerous materials include chemical or biological

substances which are life threatening or which cause diseases. For further information, see the

document "Import Approval for Dangerous Materials".

Waste

According to the current regulations on the import trade system, the importation of waste,

including lead waste (designated as B3-waste), can only be conducted through general

importers or producer importers granted special licences by the Ministry of Trade and Industry.

For further information please see the documents "Import Approval for Lead Waste for

Producer Importers", "Import Approval for Waste for Producer Importers" and "Import

Approval for Waste for General Importers".

Moreover, waste, lead waste and used machinery, including certain types of motor vehicles,

must be accompanied by a "Certificate of Conformity" issued in the country of supply and

68

certifying their compliance with Indonesian import requirements. See the corresponding

document for more information.

Motor Vehicles

There are a number of motor vehicles whose importation is prohibited. However, certain types

of used motor vehicles manufactured no more than five years prior to the importation are

allowed to be imported. They must be accompanied by a certificate issued in the country of

supply confirming that the goods are not in scrap condition and that they conform to the

Indonesian import requirements. Furthermore, they have to be registered with the Directorate

General of Metal, Machine, Electronic and Multifarious Industries at the Ministry of Trade and

Industry. See the documents "Exceptional Import Approval for Second-Hand Goods",

"Registration of Used Motor Vehicles" and "Certificate of Conformity" for more information.

The importation of completely built up motor vehicles is allowed without a prior permission if

the importation is conducted through a registered importer and if the shipment is accompanied

by following documents:

vehicle identification number

test certificates from the country of origin

statement from the importer on quality guarantee effective in Indonesia after sale.

Second-Hand Goods

Used machines, vehicles, machine tools and capital goods may only be imported with an

exceptional import permit from the Ministry of Trade and Industry.

Furthermore, a certificate confirming that these goods can be repaired and re-used or that they

are not in scrap condition must accompany the shipment. See the documents "Exceptional

Import Approval for Second-Hand Goods" and "Certificate of Conformity" for further

information.

Standardization

Indonesia applies a set of own norms and standards summed up under the acronym SNI

(Standar Nasional Indonesia). Generally, goods conforming to internationally applied norms

and standards may be imported without being subjected to further certification.

Customs Inspection

Shipments with a value exceeding 5,000 USD are subject to a quality, quantity and price

inspection in Indonesia. This inspection will be automatically conducted by the Indonesian

customs authorities upon the arrival of the shipment at the customs office of entry. Certain

products of iron and steel on the other hand are subject to a mandatory preshipment

inspection carried out in the country of export regardless of the value of the shipment. See the

document "Inspection Order" for details.

Currency and Payments

The Indonesian Rupiah (IDR) is freely convertible. As there are no capital controls in Indonesia,

foreign exchange may flow in and out of the country without a prior permit. However,

according to the Foreign Exchange Law No. 24/1999, which entered into force in April 2000, all

foreign exchange transactions exceeding 10,000 USD must be reported.

The recommended term of payment is a confirmed and irrevocable letter of credit.

All import duties and related taxes and charges must be paid through certain officially

69

designated banks and not in cash.

Packaging and Marking Requirements

Generally, it is advisable to consult the importer regarding marking and packaging

requirements, especially with regard to foodstuffs and alcoholic beverages.

Goods intended for use in households, beverages, soaps, textiles, porcelain, ceramics and glass

products can be imported in the original packaging only.

The indications on the labels of the goods must be written in the Indonesian language.

Electronic goods intended for sale in the Indonesian market must be accompanied by manuals

and guarantee cards in the Indonesian language. The manuals are to contain information on

purpose, maintenance and product specification. The guarantee cards have to be valid for at

least one year after the importation.

Abbreviations

APIP: Producer Importer's Identification Number

APIT: Limited Importer's Identification Number

APIT-Card: Limited Importer's Identification Card

APIU: General Importer's Identification Number

BKPM: Investment Coordinating Board

BKPMD: Regional Investment Coordinating Boards

BM: Import Duty

BOPEDAL: Board of Control over Impacts on Environment

BULOG: State Logistic Agency

CIF: Cost, Insurance, Freight

EU: European Union

HS: Harmonized System

ID: Indonesia

IDR: Indonesian Rupiah

NPIK: Special Importer's Identification Code Number

NPPKP: confirmation of tax liability

NPWP: Tax Payer Registration Code Number

PMA: Penanaman Modal Asing (Foreign Capital Investment Company)

PMDN: Penanaman Modal Dalam Negeri (Domestic Capital Investment Company)

PPh: income tax

PPJK: customs broker

PPN: Import Value Added Tax

PPnBM: sales tax on luxury goods

PT: Perusahan Terbatas (Private Limited Company)

SIUP: Trade Business Licence

SNI: Standar Nasional Indonesia

SSBC: Import Duty Receipt

70

SSP: Tax Payment Receipt

USD: US Dollar

7.3. List of general and specific requirement documents

Note that the list of general and specific requirement documents is not explicitly included in this html file. It will be constructed automatically by DG Trade. Below, you will find an example of this list for Indonesia. General Requirements

• Trade Business Licence

• Letter of Approval of Sole Agents

• Letter of Authorisation

• Customs Import Declaration

• Commercial Invoice

• Certificate of Origin

• Air Waybill

• Bill of Lading

• Import Duty Receipt (SSBC)

• Tax Payment Receipt (SSP)

• Weight Note

• Packing List

• Registration of the Importer

• Tax Payer Registration Code Number (NPWP)

Specific Requirements

• Producer Importer's Identification Number (APIP)

• Limited Importer's Identification Number (APIT)

• General Importer's Identification Number (APIU)

• Limited Importer's Identification Card (APIT-Card)

• Masterlist

• Special Importer's Identification Code Number (NPIK)

• Recognition as IP Nitro Cellulose

71

• Recognition as IP Precursor

• Recognition as IP Sugar

• Appointment as IT Nitro Cellulose

• Appointment as IT Precursor

• Appointment as IT Rice

• Appointment as IT Salt

• Appointment as IT Sugar

• Registration of Cosmetics

• Registration of Foodstuffs

• Registration of Pharmaceutical Products

• Registration of Used Buses

• Registration of Used Motor Vehicles

• Licence to Deal in Pesticides

• Consent to the Importation of Dangerous Chemical Substances

• Approval as Textile Producer Importer

• Import Recommendation for Fish

• Import Approval for IT Nitro Cellulose

• Import Approval for IT Precursor

• Import Approval for IT Salt

• Import Approval for IT Sugar

• Import Approval for Audiovisual Media

• Import Approval for Colour Photocopiers

• Import Approval for Defined Books and Printed Media

• Import Approval for Dangerous Materials

• Exceptional Import Approval for Second-Hand Goods

• Import Approval for Telecommunication Equipment

• Import Approval for Lead Waste for Producer Importers

• Import Approval for Waste for Producer Importers

• Import Approval for Waste for General Importers

• Government Import Authorisation

• Inspection Order for Nitro Cellulose

• Inspection Order for Precursors

72

• Inspection Order for Rice

• Inspection Order for Salt

• Inspection Order for Sugar

• Inspection Order for Textiles and Textile Products

• Inspection Order for Used Buses

• Inspection Order for Used Capital Goods

• Inspection Order for Waste

• Certificate of Analysis

• Certificate of Conformity for Wheat Flour

• Free Sale Certificate

• Halal Certificate

• Phytosanitary Certificate

• Veterinary Certificate

• Importation of Arms and Ammunition

• Importation of Explosive Means

• Importation of Lubricants

• Importation of Narcotics and Medicines

• Phytosanitary Inspection

• Veterinary Inspection

• Prohibited Imports

73

ANNEX 2.

TENDER SUBMISSION FORM TENDERER'S DECLARATION(S) STATEMENT OF EXCLUSIVITY AND AVAILABILITY BANKING REFERENCES FORM LEGAL ENTITIES FORM

74

TENDER SUBMISSION FORM

Contract to obtain data on import documentation for the Commission’s Market Access Database section Exporters’ Guide to Import Formalities

One signed original and two copies of this form and each of the documents mentioned in it must be supplied.

1 SUBMITTED by

Tenderer name *

* In the case of a consortium, insert the agreed name of the consortium

2 CONTACT PERSON (for this tender)

Name

Address

Telephone

Fax

e-mail

3 STATEMENT I, the undersigned, being the authorised signatory of the above tenderer (including all consortium partners, in the case of a consortium), hereby declare that we have examined and accept without reserve or restriction the entire contents of the tender dossier for the tender procedure referred to above. We offer to provide the services requested in the tender dossier on the basis of the following documents, which comprise our Technical offer, and our Financial offer, which is submitted in a sealed envelope:

Organisation & Methodology Key experts (comprising a list of the key experts and their CVs) Tenderer's declaration (see below) and documents as specified in the tender specifications

(including one from every consortium partner, in the case of a consortium) Statements of exclusivity and availability signed by each of the key experts Unit prices quote

75

[If applicable: We undertake to guarantee the eligibility of the sub-contractor(s) for the parts of the services for which we have stated our intention to sub-contract in the Organisation and Methodology.]

Our bank account details are described in the attached financial identification form (see the form below after the statement of exclusivity and availability) <account number, name, address and any correspondent bank>. This tender is subject to acceptance within the validity period stipulated in the “Invitation to tender”. Signed on behalf of the tenderer.

Name

Signature

Date

76

TENDERER'S DECLARATION(S)

To be completed and signed by the tenderer (including one from each consortium partner, in the case of a consortium).

[On headed notepaper]

European Commission, Directorate General for Trade, Directorate TRADE E, Unit E.3

Att: Mr. Matthew BALDWIN Office: CHAR 08/89 B-1049 Brussels Your ref: < Publication reference >

Dear Sir/Madam

TENDERER'S DECLARATION

In response to your letter of invitation to tender for the above contract, we hereby declare that we:

• nominate the following person to act on our behalf for the purposes of this tender and any subsequent contract based on it:

Name

Position

Organisation

• reconfirm (and produce the correspondent certificates) that we are not in any of the situations excluding us from participating in contracts2

• agree to abide by the highest ethical standards and, in particular, have no potential conflict of interests

• will inform the Commission immediately if there is any change in the above circumstances at any stage during the tender procedure or during the implementation of the contract; and

• fully recognise and accept that any inaccurate or incomplete information deliberately provided in this tender may result in our exclusion from this and other contracts funded by the European Communities.

2 Tenderers shall be excluded from participation in this procurement procedure if: (a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (b) they have been convicted of an offence concerning their professional conduct by a judgement which has the force of res judicata; (c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify; (d) they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed; (e) they have been the subject of a judgement which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests; (f) following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations.

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Yours faithfully

<Signature of authorised representative of the tenderer>

< Name and position of authorised representative of the tenderer >

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STATEMENT OF EXCLUSIVITY AND AVAILABILITY3

I, the undersigned, hereby declare that I agree to participate exclusively with the tenderer < tenderer name > in the above-mentioned service tender procedure. I further declare that I am able and willing to work for the position for which my CV has been included in the event that this tender is successful. (select one of the two options underneath and delete the other one)

[I confirm that I am not engaged in another EC-funded project or contract, in a position for which my services are required beyond the expected starting date of my services under this tender.]

[I confirm that I am engaged in the following EC-funded project(s) or contract(s), in a position for which my services are required beyond the expected starting date of my services under this tender.

Title + reference of the project(s) + DG concerned (if applicable): …..

Nevertheless, I confirm that this other engagement will not impair my availability to carry out the tasks for which my CV has been included in this tender.

Furthermore, I declare that there will be not, by reason of my involvement in both this project under tender and the other aforementioned EC project(s), be any double-financing of time spent or work carried out under Any of these projects.

I also confirm that my involved in other EC-funded projects as well as in the project currently tendered will present me with no conflict of interest and will not prevent, or tend to prevent, me from carrying out my tasks under any of the EC-funded contracts with due impartiality.]

Name

Signature

Date

3 To be completed by all key experts

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BANKING REFERENCES FORM AND LEGAL ENTITY FORM Please complete and sign: - the financial identification form below. - the form below providing details on the “legal entity”: select either the public entity form, the private entity form or the form for individuals.

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FINANCIAL IDENTIFICATION

ACCOUNT HOLDER

NAME

ADDRESS

TOWN/CITY POSTCODE

COUNTRY VAT NUMBER

CONTACT PERSON

TELEPHONE FAX

E - MAIL

BANK

BANK NAME

BRANCH ADDRESS

TOWN/CITY POSTCODE

COUNTRY

ACCOUNT NUMBER

IBAN (optional)

REMARKS :

BANK STAMP + SIGNATURE of BANK REPRESENTATIVE DATE + SIGNATURE of ACCOUNT HOLDER :(Both Obligatory) (Obligatory)

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N A M E ( S )

A B B R E V I A T I O N

O F F I C I A LA D D R E S S

P O S T A L C O D E P . O . B O X

C I T Y

C O U N T R Y

V A T

P L A C E O F R E G I S T R A T I O N

D D M M Y Y Y Y

R E G I S T R A T I O N N R

P H O N E F A X

E - M A I L

C O N T A C T P E R S O N

D A T E : S T A M P

N A M E A N D F U N C T IO N O F T H E A U T H O R IS E D R E P R E S E N T A T IV E

S IG N A T U R E

P L E A S E S E N D U S T H I S " L E G A L E N T I T Y " F O R M A C C O M P A N I E D B Y T H E F O L L O W I N G :

* A C O P Y O F T H E R E S O L U T I O N , L A W , D E C R E E O R D E C I S I O N E S T A B L I S H I N G T H I S L E G A L E N T I T Y * I F N O T A V A I L A B L E : A C O P Y O F A N Y O T H E R O F F I C I A L D O C U M E N T W H I C H P R O V E S T H E E S T A B L I S H M E N T O F T H I S L E G A L E N T I T Y

T Y P E O F E N T I T Y

( L E G A L F O R M )

L E G A L E N T IT Y F O R M

P U B L I C E N T I T I E S ( e s t a b l i s h e d b y l a w , r e s o l u t i o n , d e c r e e o r d e c i s i o n )

D A T E O F R E G I S T R A T I O N

o t h e r la n g u a g e s a v a i la b le o n h t t p : / / e u r o p a . e u . in t / c o m m / b u d g e t / e x e c u t io n / le g a l_ e n t i t ie s _ f r . h t m

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NAME(S)

ABBREVIATION

ADDRESS OFTHE HEAD

OFFICE

CITY

COUNTRY

VAT

D D M M Y Y Y Y

REGISTRATION NR

PHONE FAX

E-MAIL

CONTACT PERSON

DATE AND SIGNATURE

LEGAL ENTITY FORM

TYPE OF ENTITY

PRIVATE ENTITIES

(LEGAL FORM)

other languages available on http://europa.eu.int/comm/budget/execution/legal_entities_fr.htm

PLEASE SEND US THIS "LEGAL ENTITY" FORM ACCOMPANIED BY THE FOLLOWING: * A COPY OF ANY OFFICIAL DOCUMENT (FOR EXAMPLE: REGISTRATION OFFICE, THE MONITOR, ……) WHICH SPECIFIES THE NAME AND LEGAL FORM OF THE LEGAL ENTITY, THE ADDRESS OF THE HEAD OFFICE AND THE REGISTRATION NUMBER.*A COPY OF THE OFFICIAL VAT CERTIFICATE IF YOUR COMPANY HAS A VAT NUMBER AND IF IT DOES NOT SHOW ON THE OFFICIAL DOCUMENT MENTIONED ABOVE.

POSTAL CODE P.O. BOX

PLACE OF REGISTRATION

DATE OF REGISTRATION

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LEGAL ENTITY FORM other languages available on http://europa.eu.int/comm/budget/execution/legal_entities_fr.htm

INDIVIDUAL

TITLE

NAME

FIRST NAME

(NAME 2)

(NAME 3)

OFFICIALADDRESS

POSTAL CODE P.O. BOX

TOWN/ CITY

COUNTRY

VAT NR

IDENTITY CARD NUMBER O

PASSPORT NUMBER O

D D M M Y Y Y Y

DATE OF BIRTH PLACE OF BIRTH

COUNTRY OF BIRTH

PHONE FAX

E-MAIL

PLEASE SEND US THIS "LEGAL ENTITY" FORM DULY COMPLETED ANDACCOMPANIED BY A CLEAR COPY OF THE IDENTITY CARD OR PASSPORT

DATE AND SIGNATURE

This information is to be stored in the Commission's accounting records for use in its payment procedures.Commission staff carrying out such procedures will be able to consult it for this purpose.

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ANNEX 3. QUOTATION FORM FOR PRICE

COUNTRY

INITIAL DELIVERY 2007

(30% OF TOTAL)

UPDATES 2007 (10% OF TOTAL)

UPDATES 2008 (30%

OF TOTAL)

UPDATES 2009 (30%

OF TOTAL)

TOTAL RATE PER COUNTRY

ALBANIA

BAHAMAS

BAHRAIN

BELARUS

BERMUDA

BOSNIA-HERZEGOVINA

CANADA

COLOMBIA

CUBA

GHANA

HONG KONG

ICELAND

IRAN

JORDAN

KAZAKHSTAN

KENYA

SOUTH KOREA

KUWAIT

LIBYA

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

NORWAY

OMAN

PANAMA

PERU

QATAR

SAUDI ARABIA

SENEGAL

SERBIA and MONTENEGRO (Customs territories of: Kosovo XK, Montenegro XM and Serbia XS)

SWITZERLAND

SYRIA

TURKEY

UKRAINE

UNITED ARAB EMIRATES

USA TOTAL COST OF CONTRACT

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ANNEX 4. PROVISIONS RELATING TO TENDERS AND THE AWARD OF CONTRACTS

ARTICLE 1 – Tenders 1.1 The submission of a tender in response to an invitation to tender issued by the Commission, including the Joint Research Centre, entails: (i) acceptance by the tenderer of all the terms and conditions stipulated in the invitation to tender, in this document (general terms and conditions applicable to contracts) and in the special terms and conditions, if any; (ii) waiver of the tenderer’s own terms of business. Save as otherwise expressly provided in the invitation to tender, the tenderer shall be bound by his tender for a period of nine months from the date on which it was forwarded to the Commission. 1.2 Tenders must: (i) be drawn up preferably on the tenderer’s headed paper or on the Commission’s reply form; (ii) be signed by the tenderer or his duly authorised agent; (iii) be perfectly legible in order to rule out any doubt whatsoever concerning the words or figures; (iv) be submitted inside two sealed envelopes; the inner envelope addressed to the department indicated in the invitation to tender, should be marked “Invitation to tender – Not to be opened by the internal mail department”; If self-adhesive envelopes are used, they shall be sealed with adhesive tape and the tenderer shall sign across this tape; (v) be sent not later than the final date specified in the invitation to tender, either by registered post, the postmark being conclusive in this respect, or delivered by hand, in which case a dated receipt must be obtained from the Commission. ARTICLE 2 – Prices 2.1 The Commission, including the Joint Research Centre, enters into contracts and makes payments in euros. Prices must accordingly be expressed in euros. 2.2 Tenders shall indicate separately the total contract price and, if the special terms and conditions or equivalent documents so require, each of its constituent parts together with any taxes, customs duties, and packing, carriage and/or insurance costs. Assembly costs and the cost of any other services forming an integral part of the supplies must be shown separately, in accordance with any instructions to this effect laid down in the special terms and conditions. 2.3 The Communities are exempt from customs duties, indirect taxes and sales taxes under Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965 (OJ No 152, 13 July 1967). Exemption is granted to the Commission by the governments of the Member States, either through refunds upon presentation of documentary evidence or by immediate exemption. The successful tenderer shall be given the necessary instructions by the Commission. 2.4 If an invitation to tender relates specifically to several items or lots, the tenderer shall quote separately for each item or lot for which he is tendering. He may indicate any price reduction he is prepared to grant in the event of being awarded a contract either for all the items or lots or for a specified group of items or lots. He may also make his tender conditional on being awarded the entire contract or a specified part thereof. 2.5 Save as otherwise expressly provided in the invitation to tender, the contract prices shall be firm and not subject to revision. ARTICLE 3 – Awarding of contracts 3.1 The contracts shall take the form of a written agreement between the parties. 3.2 A contract shall be concluded upon notification to the tenderer that his tender has been accepted. Such notification shall be in the form of a purchase order or letter.

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3.3 If the acceptance does not conform in all respects to the tender or if notification is received after the period of validity of the tender has expired, conclusion of the contract shall be subject to the tenderer’s agreement in writing. 3.4 The contract may also take the form of a service contract, in which case the general terms and conditions set out in annex 5 shall apply. 3.5 The Commission reserves the right to conclude the contract in the form of a framework contract, particularly in cases where the exact quantities and the precise timing of delivery or execution cannot be specified in advance. The framework contract is binding on both parties as regards elements which are fixed inalterably and unequivocally at the time at which the contract is concluded, such as price, subject-matter, basic implementing procedures, and duration. ARTICLE 4 – No obligation to award the contract Initiation of a tendering procedure imposes no obligation on the Commission to award the contract. Should the invitation to tender cover several items or lots, the Commission reserves the right to award a contract for only some of them. The Commission shall not be liable for any compensation with respect to tenderers whose tenders have not been accepted. Nor shall it be so liable if it decides not to award the contract.

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ANNEX 5. MODEL CONTRACT

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EUROPEAN COMMISSION Directorate-General for Trade Directorate E – Industrial trade issues. Trade relations with industrial countries. Market access. Export-related trade policy. The Director

SERVICE CONTRACT

CONTRACT NUMBER – SI2. ------

The European Community (hereinafter referred to as "the Community"), represented by the Commission of the European Communities (hereinafter referred to as "the Commission"), which is represented for the purposes of the signature of this contract by: Pierre AMILHAT, Director Directorate E On behalf of the Directorate General for Trade

of the one part, and [official name in full] [official legal form]4 [statutory registration number]5 [official address in full] [VAT registration number] (hereinafter referred to as "the Contractor"6), represented for the purposes of the signature of this contract by [name in full and function,] of the other part,

HAVE AGREED

the Special Conditions and the General Conditions below and the following Annexes: Annex I – Tender Specifications (Invitation to Tender No [complete] of [complete]) with the

Terms of Reference, including the technical requirements)

Annex II – Contractor's Tender (No [complete] of [complete]) which form an integral part of this contract (hereinafter referred to as “the Contract”).

4 Delete if contractor is a natural person or a body governed by public law. 5 Delete if contractor is a body governed by public law. For natural persons, indicate the number of their identity card or,

failing that, of their passport or equivalent. 6 In the case of a joint offer and provided the invitation to tender so specifies, the following clause should be added below the

identification of the parties: “The parties identified above and hereinafter collectively referred to as ‘the Contractor’ shall be jointly and severally liable vis-à-vis the Commission for the performance of this contract”.

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The terms set out in the Special Conditions shall take precedence over those in the other parts of the Contract. The terms set out in the General Conditions shall take precedence over those in the Annexes. The terms set out in the Tender Specifications (Annex I) shall take precedence over those in the Tender (Annex II). Subject to the above, the several instruments forming part of the Contract are to be taken as mutually explanatory. Ambiguities or discrepancies within or between such parts shall be explained or rectified by a written instruction issued by the Commission, subject to the rights of the Contractor under Article I.8 should he dispute any such instruction.

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I – SPECIAL CONDITIONS ARTICLE I.1 - SUBJECT I.1.1. The subject of the Contract is to supply and regularly check, and if necessary update in

accordance with the Contractor’s offer, for the years 2007, 2008 and 2009 the documentation requirements for goods imported into the following countries (to be specified…):

I.1.2. The Contractor shall execute the tasks assigned to him in accordance with the Tender

Specifications annexed to the Contract (Annex I). ARTICLE I.2 - DURATION I.2.1. The Contract shall enter into force on the date on which it is signed by the last

contracting party. I.2.2. Execution of the tasks may under no circumstances begin before the date on which the

Contract enters into force. I.2.3. The duration of the tasks shall not exceed 36 months and will start on 1 January 2007.

This period and all other periods specified in the Contract are calculated in calendar days. Execution of the tasks shall start from the first publication of the delivered data.

I.2.4 Data delivered may continue to be made available in the Market Access Database

without additional charge for a period of up to three months after the termination of the contract. This means that the data will be permanently removed from the Market Access Database by 31 March 2010.

ARTICLE I.3 – CONTRACT PRICE I.3.1. The total amount to be paid by the Commission under the Contract shall be EUR [amount

in figures and in words] covering all tasks executed.

The detailed remuneration of the Contractor for carrying out the duties as described in the Technical Specifications is indicated in the table hereinafter:

COUNTRY

INITIAL DELIVERY 2007

(30% OF TOTAL)




TOTAL RATE PER COUNTRY

TOTAL COST OF CONTRACT

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ARTICLE I.4 – PAYMENT PERIODS AND FORMALITIES I.4.1. Payments under the Contract shall be made in accordance with Article II.4 and the

following schedule for each country:

• 30 % of the price for one specific country as stated in the table in Article I.3 at initial delivery;

• 10 % of the price for one specific country as stated in the table in Article I.3 at the delivery of the last update foreseen for 2007;

• 30 % of the price for one specific country as stated in the table in Article I.3 at the delivery of the last update foreseen for 2008;

• 30 % of the price for one specific country as stated in the table in Article I.3 at the delivery of the last update foreseen for 2009.

I.4.2 Requests for payment by the Contractor shall be admissible if accompanied by the:

• set of data in accordance with the instructions laid down in Annex I • relevant invoices

provided the set of data has been approved by the Commission.

The Commission shall have forty-five calendar days from receipt to approve or reject the set of data, and the Contractor shall have thirty calendar days in which to submit additional information or a new set of data.

Within thirty calendar days of the date on which the set of data is approved by the Commission, a payment corresponding to the relevant invoices shall be made.

[For Contractors established in Belgium, the provisions of the Contract constitute a request for VAT exemption No 450, provided the Contractor includes the following statement in his invoice(s): “Exonération de la TVA, article 42, paragraphe 3.3 du code de la TVA” or an equivalent statement in the Dutch or German language.] [For Contractors established in Italy, the provisions of the Contract constitute a request for VAT exemption, provided the Contractor includes the following statement in his invoice(s): “Operazione non imponibile ai sensi dell’articolo 72, comma 3) paragrafo 3 del D.P.R. n. 633 del 26/10/1972 come modificato da ultimo dal D.L. n. 323 del 20/06/1996 convertito in Legge n. 425 dell’8/8/1996”.]

ARTICLE I.5 – BANK ACCOUNT Payments shall be made to the Contractor’s bank account denominated in euro, identified as follows:

Name of bank: [complete] Address of branch in full: [complete] Exact designation of account holder: [complete] Full account number including codes: [complete] [IBAN7 code: [complete]]

ARTICLE I.6 – GENERAL ADMINISTRATIVE PROVISIONS The requests of payment have to be sent to the following address:

7 BIC code for countries with no IBAN code.

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European Commission Directorate-General for Trade Unit A.1 Accounting Officer CHAR 07/226 B - 1049 Brussels

Any communication relating to the Contract shall be made in writing and shall bear the Contract number. Ordinary mail shall be deemed to have been received by the Commission on the date on which it is registered by the department responsible indicated below. Communications shall be sent to the following addresses:

Commission: Mr. Matthew BALDWIN Head of Unit Trade E.3 Directorate-General for Trade CHAR 08/89 B - 1049 Brussels Telephone: +32 2 298 13 04 Telefax: +32 2 296 73 93 Contractor: Mr/Mrs/Ms [complete] [Function] [Company name] [Official address in full]

ARTICLE I.7- INTELLECTUAL PROPERTY RIGHTS I.7.1. “Intellectual Property Rights” shall mean all patents, copyrights, trademarks, trade names

and other proprietary rights, and any and all registrations and applications thereof that the Contractor may at any time own, adopt, use, or register with respect to the data or to the Contractor’s business.

I.7.2. The Contractor retains title to and ownership of the data subject to this contract. The

Contractor has exclusive right, title and interest in all Intellectual Property Rights. The Contractor grants to the Commission, and the Commission accepts from the Contractor, the non-exclusive right to use the data as defined herein. The Commission shall not sublicense, assign or transfer the data to any third party without the prior written consent of the Contractor. The Commission shall notify the Contractor of any and all (i) infringements, imitations, illegal uses, and/or misuses of any of the Intellectual Property Rights by any other person that come to its attention; and (ii) claims by any other person that the data and/or the use thereof by the Commission in accordance with this contract infringe any patents, copyrights, trademarks, trade names or other property rights of such other person. The Contractor shall have sole control of the defence, prosecution and/or settlement of any claim, dispute or cause of action arising in connection with the foregoing. The Contractor shall be solely responsible for the conduct of such prosecution, defence and/or settlement.

I.7.3. When displaying the data supplied by the Contractor, the Commission will display the

following notice on the Market Access Database:

“Copyright 2007 [contractor] all rights reserved. Licensed to the European Commission under restrictions by [contractor], official address, Email: -, Tel: -,

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The information in the Market Access Database’s Applied Tariffs section or Exporters’ Guide to Import Formalities section may not be used for resale (or in the provision of consultancy services), redistribution, building of databases, storage, or for any purpose other than reference use by a user personally located within one of the 25 Member States of the European Union or acceding or candidate countries of the European Union in support of the user’s own international business processes. All other use is prohibited unless explicitly approved in writing by the owner of the data. If the computer on which your browser is running is not directly connected to the Internet in the European Union, via an Internet Service Provider located in and incorporated in a Member State of the European Union (or in acceding/candidate countries of the European Union), then you are prohibited from viewing the data herein for any purpose. The reports obtained from this database are not official documents. Care has been taken to ensure the accuracy of the information contained within the database, but no responsibility can be accepted by the European Commission or the data providers for any inadvertent errors or omissions. By proceeding and viewing the data you are agreeing to these terms.“

I.7.4. The Commission reserves the right to grant access to the data to officials in third

countries representing the following: the EU, its Member States and acceding/candidate countries, including their respective regional entities. Access will be provided via a login and password upon a request submitted in writing and clearly identifying the nature of the applicant.

I.7.5 The Commission reserves the right to extend access to the Exporters’ Guide to Import

Formalities Section of the Market Access Database to future Candidate Countries for EU accession when the Candidate Country status has been formally granted by the European Council. Any such extension would not involve any additional payments by the Commission under this contract.

I.7.6 Without prejudice to Article I.2.4, at the termination of the Contract, the License

provided to the Commission hereunder shall expire, and all License rights granted hereunder shall cease.

In the event that the Commission terminates - either partially or entirely - or suspends the Contract in accordance with Articles II.15 and II.19, the Commission reserves the right to continue to make available in the Market Access Database the last set of data delivered by the Contractor and approved by the Commission for a period of up to six months from the termination or suspension of the contract.

Following the termination of the Contract the Commission reserves the right to use the data internally, within the Commission, for statistical and research purposes and undertakes not to distribute it to third parties.

ARTICLE I.8 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES

I.8.1. The Contract shall be governed by the national substantive law of the country in which the competent authorising officer has his place of employment, as provided by the internal rules for the implementation of the budget.

I.8.2. Any dispute between the parties resulting from the interpretation or application of the Contract which cannot be settled amicably shall be brought before the courts of the place of employment of the competent authorising officer, as provided by the internal rules for the implementation of the budget.

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ARTICLE I.9 – DATA PROTECTION Any personal data included in the Contract shall be processed pursuant to Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. It shall be processed solely for the purposes of the performance, management and follow-up of the Contract by European Commission, DG Trade without prejudice to possible transmission to the bodies charged with a monitoring or inspection task in conformity with Community law. The Contractor shall have the right of access to his personal data and the right to rectify any such data that is inaccurate or incomplete. Should the Contractor have any queries concerning the processing of his personal data, he shall address them to Mr Matthew BALDWIN, Head of Unit E3, DG Trade. The Contractor shall have right of recourse at any time to the European Data Protection Supervisor. ARTICLE I.10 – OTHER SPECIAL CONDITIONS I.10.1 Article II.2.1 (Liability) of the General Conditions is amended to read as follows:

The Commission shall not be liable for damage sustained by the Contractor in performance of the Contract except in the event of misconduct or negligence on the part of the Commission.

The Commission will not be liable for any damage to the Contractor caused by disclosure to an unauthorized person of the data covered by the present contract. Without prejudice to the foregoing, the Commission nevertheless undertakes to implement reasonable IT security mechanisms to prevent such disclosure, including the verification of the geographic location of Internet Service Providers (ISP), in order to minimise access by users connected through ISPs located outside of EU Member States or acceding/candidate countries and the implementation of measures to minimise the risk of data harvesting attacks. The Commission and the Contractor agree to discuss as needed, during the term of the Contract, security methods and procedures as may be necessary to protect the data from misappropriation, unauthorised access or misuse, theft or other unauthorised use.

I.10.2 The Commission shall notify in writing to the Contractor if the data submitted by the

Contractor is incorrect and/or incomplete. The Contractor shall correct the data or explain why he believes the notification is unjustified within seven calendar days of the Commission’s notification. The period of seven calendar days will start from the date the notification is delivered to the Contractor. If, at the end of this period, the Contractor has failed to correct the data or provide the Commission with sufficient explication as to why the notification is unjustified, the Commission may decide to notify the Contractor by registered mail, that, as of that date, the Commission may impose a reduction of up to 0.1 % of the amount specified in Article I.3.1. The penalty is imposed per calendar day and shall continue until the correct data is provided by the Contractor.

II – GENERAL CONDITIONS ARTICLE II.1 – PERFORMANCE OF THE CONTRACT II.1.1. The Contractor shall perform the Contract to the highest professional standards. The

Contractor shall have sole responsibility for complying with any legal obligations incumbent on him, notably those resulting from employment, tax and social legislation.

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II.1.2. The Contractor shall have sole responsibility for taking the necessary steps to obtain any

permit or licence required for performance of the Contract under the laws and regulations in force at the place where the tasks assigned to him are to be executed.

II.1.3. Without prejudice to Article II.3 any reference made to the Contractor’s staff in the

Contract shall relate exclusively to individuals involved in the performance of the Contract.

II.1.4. The Contractor must ensure that any staff performing the Contract have the professional

qualifications and experience required for the execution of the tasks assigned to him. II.1.5. The Contractor shall neither represent the Commission nor behave in any way that would

give such an impression. The Contractor shall inform third parties that he does not belong to the European public service.

II.1.6. The Contractor shall have sole responsibility for the staff who execute the tasks assigned

to him.

The Contractor shall make provision for the following employment or service relationships with his staff:

• staff executing the tasks assigned to the Contractor may not be given orders

direct by the Commission; • the Commission may not under any circumstances be considered to be the staff's

employer and the said staff shall undertake not to invoke in respect of the Commission any right arising from the contractual relationship between the Commission and the Contractor.

II.1.7. In the event of disruption resulting from the action of a member of the Contractor's staff

working on Commission premises or in the event of the expertise of a member of the Contractor's staff failing to correspond to the profile required by the Contract, the Contractor shall replace him without delay. The Commission shall have the right to request the replacement of any such member of staff, stating its reasons for so doing. Replacement staff must have the necessary qualifications and be capable of performing the Contract under the same contractual conditions. The Contractor shall be responsible for any delay in the execution of the tasks assigned to him resulting from the replacement of staff in accordance with this Article.

II.1.8. Should any unforeseen event, action or omission directly or indirectly hamper execution

of the tasks, either partially or totally, the Contractor shall immediately and on his own initiative record it and report it to the Commission. The report shall include a description of the problem and an indication of the date on which it started and of the remedial action taken by the Contractor to ensure full compliance with his obligations under the Contract. In such event the Contractor shall give priority to solving the problem rather than determining liability.

II.1.9. Should the Contractor fail to perform his obligations under the Contract in accordance

with the provisions laid down therein, the Commission may - without prejudice to its right to terminate the Contract - reduce or recover payments in proportion to the scale of the failure. In addition, the Commission may impose penalties and/or liquidated damages provided for in Articles I.10 and II.16.

ARTICLE II.2 – LIABILITY

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II.2.1. The Commission shall not be liable for damage sustained by the Contractor in performance of the Contract except in the event of wilful misconduct or gross negligence on the part of the Commission.

II.2.2. The Contractor shall be liable for any loss or damage caused by himself in performance

of the Contract, including in the event of subcontracting under Article II.13. The Commission shall not be liable for any act or default on the part of the Contractor in performance of the Contract.

II.2.3. The Contractor shall provide compensation in the event of any action, claim or

proceeding brought against the Commission by a third party as a result of damage caused by the Contractor in performance of the Contract.

II.2.4. In the event of any action brought by a third party against the Commission in connection

with performance of the Contract, the Contractor shall assist the Commission. Expenditure incurred by the Contractor to this end may be borne by the Commission.

II.2.5. The Contractor shall take out insurance against risks and damage relating to performance

of the Contract if required by the relevant applicable legislation. He shall take out supplementary insurance as reasonably required by standard practice in the industry. A copy of all the relevant insurance contracts shall be sent to the Commission should it so request.

ARTICLE II.3 - CONFLICT OF INTERESTS II.3.1. The Contractor shall take all necessary measures to prevent any situation that could

compromise the impartial and objective performance of the Contract. Such conflict of interests could arise in particular as a result of economic interest, political or national affinity, family or emotional ties, or any other relevant connection or shared interest. Any conflict of interests which could arise during performance of the Contract must be notified to the Commission in writing without delay. In the event of such conflict, the Contractor shall immediately take all necessary steps to resolve it.

The Commission reserves the right to verify that such measures are adequate and may

require additional measures to be taken, if necessary, within a time limit which it shall set. The Contractor shall ensure that his staff, board and directors are not placed in a situation which could give rise to conflict of interests. Without prejudice to Article II.1 the Contractor shall replace, immediately and without compensation from the Commission, any member of his staff exposed to such a situation.

II.3.2. The Contractor shall abstain from any contact likely to compromise his independence. II.3.3. The Contractor declares:

• that he has not made and will not make any offer of any type whatsoever from which an advantage can be derived under the Contract,

• that he has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain, and has not accepted and will not accept, any advantage, financial or in kind, to or from any party whatsoever, where such advantage constitutes an illegal practice or involves corruption, either directly or indirectly, in as much as it is an incentive or reward relating to performance of the Contract.

II.3.4. The Contractor shall pass on all the relevant obligations in writing to his staff, board, and

directors as well as to third parties involved in performance of the Contract. A copy of the instructions given and the undertakings made in this respect shall be sent to the Commission should it so request.

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ARTICLE II.4 – PAYMENTS II.4.1. Pre-financing :

Where required by Article I.4.1, the Contractor shall provide a financial guarantee in the form of a bank guarantee or equivalent supplied by a bank or an authorised financial institution (guarantor) equal to the amount indicated in the same Article to cover pre-financing under the Contract. Such guarantee may be replaced by a joint and several guarantee by a third party.

The guarantor shall pay to the Commission at its request an amount corresponding to payments made by it to the Contractor which have not yet been covered by equivalent work on his part.

The guarantor shall stand as first-call guarantor and shall not require the Commission to have recourse against the principal debtor (the Contractor).

The guarantee shall specify that it enters into force at the latest on the date on which the Contractor receives the pre-financing. The Commission shall release the guarantor from its obligations as soon as the Contractor has demonstrated that any pre-financing has been covered by equivalent work. The guarantee shall be retained until the pre-financing has been deducted from interim payments or payment of the balance to the Contractor. It shall be released the following month. The cost of providing such guarantee shall be borne by the Contractor.

II.4.2. Interim payment:

At the end of each of the periods indicated in Annex I the Contractor shall submit to the Commission a formal request for payment accompanied by those of the following documents which are provided for in the Special Conditions:

an interim technical report in accordance with the instructions laid down in Annex I; the relevant invoices indicating the reference number of the Contract to which they refer; statements of reimbursable expenses in accordance with Article II.7.

If the report is a condition for payment, on receipt the Commission shall have the period of time indicated in the Special Conditions in which:

to approve it, with or without comments or reservations, or suspend such period and request additional information; or

to reject it and request a new report.

If the Commission does not react within this period, the report shall be deemed to have been approved. Approval of the report does not imply recognition either of its regularity or of the authenticity, completeness or correctness of the declarations or information enclosed.

Where the Commission requests a new report because the one previously submitted has been rejected, this shall be submitted within the period of time indicated in the Special Conditions. The new report shall likewise be subject to the above provisions.

II.4.3. Payment of the balance:

Within sixty days of completion of the tasks referred to in Annex I the Contractor shall submit to the Commission a formal request for payment accompanied by those of the following documents which are provided for in the Special Conditions:

a final technical report in accordance with the instructions laid down in Annex I; the relevant invoices indicating the reference number of the Contract to which they refer; statements of reimbursable expenses in accordance with Article II.7.

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If the report is a condition for payment, on receipt the Commission shall have the period of time indicated in the Special Conditions in which:

to approve it, with or without comments or reservations, or suspend such period and request additional information; or

to reject it and request a new report.

If the Commission does not react within this period, the report shall be deemed to have been approved. Approval of the report does not imply recognition either of its regularity or of the authenticity, completeness or correctness of the declarations and information enclosed.

Where the Commission requests a new report because the one previously submitted has been rejected, this shall be submitted within the period of time indicated in the Special Conditions. The new report shall likewise be subject to the above provisions.

ARTICLE II.5 – GENERAL PROVISIONS CONCERNING PAYMENTS II.5.1. Payments shall be deemed to have been made on the date on which the Commission's

account is debited. II.5.2. The payment periods referred to in Article I.4 may be suspended by the Commission at

any time if it informs the Contractor that his payment request is not admissible, either because the amount is not due or because the necessary supporting documents have not been properly produced. In case of doubt on the eligibility of the expenditure indicated in the payment request, the Commission may suspend the time limit for payment for the purpose of further verification, including an on-the-spot check, in order to ascertain, prior to payment, that the expenditure is eligible.

The Commission shall notify the Contractor accordingly by registered letter with acknowledgment of receipt or equivalent. Suspension shall take effect from the date of dispatch of the letter. The remainder of the period referred to in Article I.4 shall begin to run again once the suspension has been lifted.

II.5.3. In the event of late payment the Contractor may claim interest within two months of receiving the payment. Interest shall be calculated at the rate applied by the European Central Bank to its most recent main refinancing operations (“the reference rate”) plus seven percentage points (“the margin”). The reference rate in force on the first day of the month in which the payment is due shall apply. Such interest rate is published in the C series of the Official Journal of the European Union. Interest shall be payable for the period elapsing from the calendar day following expiry of the time limit for payment up to the day of payment. Suspension of payment by the Commission may not be deemed to constitute late payment.

ARTICLE II.6 – RECOVERY II.6.1. If total payments made exceed the amount actually due under the Contract or if recovery

is justified in accordance with the terms of the Contract, the Contractor shall reimburse the appropriate amount in euro on receipt of the debit note, in the manner and within the time limits set by the Commission.

II.6.2. In the event of failure to pay by the deadline specified in the request for reimbursement, the sum due shall bear interest at the rate indicated in Article II.5.3. Interest shall be payable from the calendar day following the due date up to the calendar day on which the debt is repaid in full.

II.6.3. The Commission may, after informing the Contractor, recover amounts established as

certain, of a fixed amount and due by offsetting, in cases where the Contractor also has a

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claim on the Communities that is certain, of a fixed amount and due. The Commission may also claim against the guarantee, where provided for.

ARTICLE II.7 - REIMBURSEMENTS II.7.1. Where provided by the Special Conditions or by Annex I, the Commission shall

reimburse the expenses which are directly connected with execution of the tasks on production of original supporting documents, including receipts and used tickets.

II.7.2. Travel and subsistence expenses shall be reimbursed, where appropriate, on the basis of

the shortest itinerary. II.7.3. Travel expenses shall be reimbursed as follows:

a) travel by air shall be reimbursed up to the maximum cost of an economy class ticket at the time of the reservation;

b) travel by boat or rail shall be reimbursed up to the maximum cost of a first class ticket; c) travel by car shall be reimbursed at the rate of one first class rail ticket for the same

journey and on the same day; d) travel outside Community territory shall be reimbursed under the general conditions

stated above provided the Commission has given its prior written agreement. II.7.4. Subsistence expenses shall be reimbursed on the basis of a daily allowance as follows:

a) for journeys of less than 200 km (return trip) no subsistence allowance shall be payable; b) daily subsistence allowance shall be payable only on receipt of a supporting document

proving that the person concerned was present at the place of destination; c) daily subsistence allowance shall take the form of a flat-rate payment to cover all

subsistence expenses, including accommodation, meals, local transport, insurance and sundries;

d) daily subsistence allowance, where applicable, shall be reimbursed at the rate specified

in Article I.3.2. II.7.5. The cost of shipment of equipment or unaccompanied luggage shall be reimbursed

provided the Commission has given prior written authorisation. ARTICLE II.8 – OWNERSHIP OF THE RESULTS - INTELLECTUAL AND INDUSTRIAL PROPERTY Any results or rights thereon, including copyright and other intellectual or industrial property rights, obtained in performance of the Contract, shall be owned solely by the Community, which may use, publish, assign or transfer them as it sees fit, without geographical or other limitation, except where industrial or intellectual property rights exist prior to the Contract being entered into.

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ARTICLE II.9 – CONFIDENTIALITY II.9.1. The Contractor undertakes to treat in the strictest confidence and not make use of or

divulge to third parties any information or documents which are linked to performance of the Contract. The Contractor shall continue to be bound by this undertaking after completion of the tasks.

II.9.2. The Contractor shall obtain from each member of his staff, board and directors an

undertaking that they will respect the confidentiality of any information which is linked, directly or indirectly, to execution of the tasks and that they will not divulge to third parties or use for their own benefit or that of any third party any document or information not available publicly, even after completion of the tasks.

ARTICLE II.10 - USE, DISTRIBUTION AND PUBLICATION OF INFORMATION II.10.1. The Contractor shall authorise the Commission to process, use, distribute and publish,

for whatever purpose, by whatever means and on whatever medium, any data contained in or relating to the Contract, in particular the identity of the Contractor, the subject matter, the duration, the amount paid and the reports. Where personal data is concerned, Article I.9 shall apply.

II.10.2. Unless otherwise provided by the Special Conditions, the Commission shall not be

required to distribute or publish documents or information supplied in performance of the Contract. If it decides not to publish the documents or information supplied, the Contractor may not have them distributed or published elsewhere without prior written authorisation from the Commission.

II.10.3. Any distribution or publication of information relating to the Contract by the Contractor

shall require prior written authorisation from the Commission and shall mention the amount paid by the Community. It shall state that the opinions expressed are those of the Contractor only and do not represent the Commission's official position.

II.10.4. The use of information obtained by the Contractor in the course of the Contract for

purposes other than its performance shall be forbidden, unless the Commission has specifically given prior written authorisation to the contrary.

ARTICLE II. 11 – TAXATION II.11.1. The Contractor shall have sole responsibility for compliance with the tax laws which

apply to him. Failure to comply shall make the relevant invoices invalid. II.11.2. The Contractor recognises that the Commission is, as a rule, exempt from all taxes and

duties, including value added tax (VAT), pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities.

II.11.3. The Contractor shall accordingly complete the necessary formalities with the relevant

authorities to ensure that the goods and services required for performance of the Contract are exempt from taxes and duties, including VAT.

II.11.4. Invoices presented by the Contractor shall indicate his place of taxation for VAT

purposes and shall specify separately the amounts not including VAT and the amounts including VAT.

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ARTICLE II.12 – FORCE MAJEURE II.12.1. Force majeure shall mean any unforeseeable and exceptional situation or event beyond

the control of the contracting parties which prevents either of them from performing any of their obligations under the Contract, was not due to error or negligence on their part or on the part of a subcontractor, and could not have been avoided by the exercise of due diligence. Defects in equipment or material or delays in making it available, labour disputes, strikes or financial problems cannot be invoked as force majeure unless they stem directly from a relevant case of force majeure.

II.12.2. Without prejudice to the provisions of Article II.1.8, if either contracting party is faced

with force majeure, it shall notify the other party without delay by registered letter with acknowledgment of receipt or equivalent, stating the nature, likely duration and foreseeable effects.

II.12.3. Neither contracting party shall be held in breach of its contractual obligations if it has

been prevented from performing them by force majeure. Where the Contractor is unable to perform his contractual obligations owing to force majeure, he shall have the right to remuneration only for tasks actually executed.

II.12.4. The contracting parties shall take the necessary measures to reduce damage to a

minimum. ARTICLE II.13 – SUBCONTRACTING II.13.1. The Contractor shall not subcontract without prior written authorisation from the

Commission nor cause the Contract to be performed in fact by third parties. II.13.2. Even where the Commission authorises the Contractor to subcontract to third parties, he

shall nonetheless remain bound by his obligations to the Commission under the Contract and shall bear exclusive liability for proper performance of the Contract.

II.13.3. The Contractor shall make sure that the subcontract does not affect rights and

guarantees to which the Commission is entitled by virtue of the Contract, notably Article II.17.

ARTICLE II.14 – ASSIGNMENT II.14.1. The Contractor shall not assign the rights and obligations arising from the Contract, in

whole or in part, without prior written authorisation from the Commission. II.14.2. In the absence of the authorisation referred to in 1 above, or in the event of failure to

observe the terms thereof, assignment by the Contractor shall not be enforceable against and shall have no effect on the Commission.

ARTICLE II.15 – TERMINATION BY THE COMMISSION

II.15.1. The Commission may terminate the Contract, in the following circumstances: (a) where the Contractor is being wound up, is having his affairs administered by the courts,

has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

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(b) where the Contractor has been convicted of an offence concerning his professional

conduct by a judgment which has the force of res judicata; (c) where the Contractor has been guilty of grave professional misconduct proven by any

means which the contracting authority can justify; (d) where the Contractor has not fulfilled obligations relating to the payment of social

security contributions or the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed;

(e) where the Commission seriously suspects the Contractor of fraud, corruption,

involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;

(f) where the Contractor is in breach of his obligations under Article II.3; (g) where the Contractor was guilty of misrepresentation in supplying the information

required by the Commission as a condition of participation in the Contract procedure or failed to supply this information;

(h) where a change in the Contractor’s legal, financial, technical or organisational situation

could, in the Commission’s opinion, have a significant effect on the performance of the Contract;

(i) where execution of the tasks has not actually commenced within three months of the date

foreseen, and the new date proposed, if any, is considered unacceptable by the Commission;

(j) where the Contractor is unable, through his own fault, to obtain any permit or licence

required for performance of the Contract; (k) where the Contractor, after receiving formal notice in writing to comply, specifying the

nature of the alleged failure, and after being given the opportunity to remedy the failure within a reasonable period following receipt of the formal notice, remains in serious breach of his contractual obligations.

II.15.2. In case of force majeure, notified in accordance with Article II.12, either contracting

party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.

II.15.3. Prior to termination under point (e), (h) or (k), the Contractor shall be given the

opportunity to submit his observations.

Termination shall take effect on the date on which a registered letter with acknowledgment of receipt terminating the Contract is received by the Contractor, or on any other date indicated in the letter of termination.

II.15.4. Consequences of termination:

In the event of the Commission terminating the Contract in accordance with this Article and without prejudice to any other measures provided for in the Contract, the Contractor shall waive any claim for consequential damages, including any loss of anticipated profits for uncompleted work. On receipt of the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise costs, prevent damage, and cancel or reduce his commitments. He shall draw up the documents

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required by the Special Conditions for the tasks executed up to the date on which termination takes effect, within a period not exceeding sixty days from that date.

The Commission may claim compensation for any damage suffered and recover any sums paid to the Contractor under the Contract.

On termination the Commission may engage any other contractor to complete the services. The Commission shall be entitled to claim from the Contractor all extra costs incurred in making good and completing the services, without prejudice to any other rights or guarantees it has under the Contract.

ARTICLE II.16 – LIQUIDATED DAMAGES Should the Contractor fail to perform his obligations under the Contract within the time limits set by the Contract, then, without prejudice to the Contractor's actual or potential liability incurred in relation to the Contract or to the Commission's right to terminate the Contract, the Commission may decide to impose liquidated damages of 0.2% of the amount specified in Article I.3.1 per calendar day of delay. The Contractor may submit arguments against this decision within thirty days of notification by registered letter with acknowledgement of receipt or equivalent. In the absence of reaction on his part or of written withdrawal by the Commission within thirty days of the receipt of such arguments, the decision imposing the liquidated damages shall become enforceable. These liquidated damages shall not be imposed where there is provision for interest for late completion. The Commission and the Contractor expressly acknowledge and agree that any sums payable under this Article are in the nature of liquidated damages and not penalties, and represent a reasonable estimate of fair compensation for the losses that may be reasonably anticipated from such failure to perform obligations. ARTICLE II.17 – CHECKS AND AUDITS II.17.1. Pursuant to Article 142 of the Financial Regulation applicable to the general budget of

the European Communities, the European Court of Auditors shall be empowered to audit the documents held by the natural or legal persons receiving payments from the budget of the European Communities from signature of the Contract up to five years after payment of the balance.

II.17.2. The Commission or an outside body of its choice shall have the same rights as the

European Court of Auditors for the purpose of checks and audits limited to compliance with contractual obligations from signature of the Contract up to five years after payment of the balance.

II.17.3. In addition, the European Anti Fraud Office may carry out on-the-spot checks and

inspections in accordance with Council Regulation (Euratom, EC) No 2185/96 and Parliament and Council Regulation (EC) No 1073/1999 from signature of the Contract up to five years after payment of the balance.

ARTICLE II.18 – AMENDMENTS Any amendment to the Contract shall be the subject of a written agreement concluded by the contracting parties. An oral agreement shall not be binding on the contracting parties.

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ARTICLE II.19 – SUSPENSION OF THE CONTRACT Without prejudice to the Commission's right to terminate the Contract, the Commission may at any time and for any reason suspend execution of the tasks under the Contract or any part thereof. Suspension shall take effect on the day the Contractor receives notification by registered letter with acknowledgment of receipt or equivalent, or at a later date where the notification so provides. The Commission may at any time following suspension give notice to the Contractor to resume the work suspended. The Contractor shall not be entitled to claim compensation on account of suspension of the Contract or of part thereof. SIGNATURES For the Contractor, [Company name/forename/surname/function] signature[s]: _______________________

For the Commission, Pierre AMILHAT, Director signature[s]:_____________________

Done at [Brussels], [date] Done at [Brussels], [date] In duplicate in English.

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ANNEX I Tender Specifications

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ANNEX II Contractor's Tender

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