Additional Protocol to the SA/EU Trade, Development and Cooperation Agreement

1
Additional Protocol to the SA/EU Trade,
Development and Cooperation Agreement

• by
• Wilhelm Smalberger

2
History of the TDCA

• Signed on 11 October 1999
• Ratified by Parliament in November 1999
• Applied on a provisional basis since 1 January
  2000
• Last EU member to ratify it did so in April 2004
  
• Fully entered into force on 1 May 2004

3

• New members (May 2004)
• Czech Republic
• Cyprus
• Estonia
• Hungary
• Latvia
• Lithuania
• Malta
• Poland
• Slovakia
• Slovenia

• EU 15
• Austria (1995)
• Belgium (1957)
• Denmark (1973)
• Finland (1995)
• France (1957)
• Germany (1957)
• Greece (1981)
• Ireland (1973)
• Italy (1957)
• Luxembourg (1957)
• Netherlands (1957)
• Portugal (1986)
• Spain (1986)
• Sweden (1995)
• UK (1973)

4
Purpose of the Additional Protocol

• Legal basis for the extension of the TDCA to new
  members of the EU
• Principle of the acquis communataire
• To effect technical changes to the TDCA

5
Implications for SA

• Exports
• Application of EUs Common External Tariff
  (Preference ZA) to new member states
• Compare it with impact on SA of UK entry into
  the EU in 1973
• Imports
• Column for EU in SA Customs Excise Act to be
  applicable to imports from new member states

6
Practical implications

• Consignments going to the new members to be
  accompanied by a form EUR.1 (certificate of
  origin), authorized by Customs (SARS)
• Consignments originating in the new members to
  be accompanied by form EUR.1, authorized by
  Customs in those countries

7
Article 22 consultations with the EU

• Nedlac was fully consulted
• Feedback with regard to 2 product groups
• TV sets
• Household appliances
• Consultations held with the EU on the possible
  impact of enlargement