   
  
WT/REG381/1/Rev.1  
 
27 November 2020  
(20-8599) Page: 1/57 
Committee on Regional Trade Agreements   
 
FACTUAL PRESENTATION  
ECONOMIC PARTNERSHIP AGREEMENT  BETWEEN  THE EUROPEAN UNION AND SADC STATES  
(GOODS ) 
Report by the Secretariat  
Revision  
This report, prepared for the consideration of the Economic Partnership Agreement  
between the European Union  and SADC States ( Botswana, Lesotho, Mozambique, 
Namibia, South Africa and Eswatini) , has been drawn up by the WTO Secretariat on its 
own responsibi lity and in full consultation with the Parties. The factual presentation 
reproduces as closely as possible the terminology used in the Agreement and in the 
comments provided and does not imply official endorsement or acceptance by the 
Secretariat of such t erminology. The report has been drawn up in accordance with the 
rules and procedures contained in the Decision for a Transparency Mechanism for 
Regional Trade Agreements (WT/L/671) and thus does not imply any value judgement 
by the Secretariat regarding th e contents of the Agreement.  
Any technical questions arising from this report may be addressed to Rohini Acharya 
(tel: +41 22 739 5874 ). Any statistical questions arising from this report may be 
addressed to Thakur Parajuli  (tel: +41 22 739 5473). 
 
 
  WT/REG381/1/Rev.1  
 
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  TABLE O F CONTENTS  
Page 
1   TRADE ENVIRONMENT  ................................ ................................ ................................ . 4 
2   CHARACTERISTIC ELEMENTS OF THE AGREEMENT  ................................ ......................  9 
2.1   Background Information  ................................ ................................ ...............................  9 
3   PROVISIONS ON TRADE IN GOODS  ................................ ................................ ...........  11 
3.1   Import duties and charges, and quantitative restrictions ................................ .................. 11 
3.1.1    General provisions  ................................ ................................ ................................ ...11 
3.1.2    Liberalization of trade and tariff lines  ................................ ................................ ......... 12 
3.1.3    Liberalization schedule  ................................ ................................ ............................. 16 
3.1.3.1    European Union  ................................ ................................ ................................ ....16 
3.1.3.2    SADC EPA States  ................................ ................................ ................................ ..18 
3.1.4    Tariff rate quotas  ................................ ................................ ................................ .....20 
3.2   Rules of origin  ................................ ................................ ................................ ............ 21 
3.3   Export duties and charges, and quantitative restrictions  ................................ .................. 22 
3.4   Regulatory Provisions of the Agreement  ................................ ................................ ........ 23 
3.4.1    Standards  ................................ ................................ ................................ ............... 23 
3.4.1.1    Sanitary and phytosanitary measures  ................................ ................................ ......23 
3.4.1.2    Technical barriers to trade  ................................ ................................ ..................... 25 
3.4.2    Safeguard mechanisms  ................................ ................................ ............................ 26 
3.4.2.1    Global safeguards  ................................ ................................ ................................ .26 
3.4.2.2    Bilateral safeguards  ................................ ................................ ............................... 26 
3.4.2.3    Agricultural safeguards  ................................ ................................ .......................... 27 
3.4.2.4    Food Security safeguards  ................................ ................................ ....................... 28 
3.4.2.5    BELN Safeguards  ................................ ................................ ................................ ..28 
3.4.2.6    Infant industry safeguards  ................................ ................................ ..................... 28 
3.4.2.7    Balance of payment safeguards  ................................ ................................ .............. 29 
3.4.2.8    Other safeguards  ................................ ................................ ................................ ..29 
3.4.3    Anti-dumping and countervailing measures  ................................ ................................ .29 
3.4.4    Subsidies and State -aid ................................ ................................ ............................ 29 
3.4.5    Customs -related procedures ................................ ................................ ...................... 29 
3.4.6    Other regulations  ................................ ................................ ................................ .....31 
3.5   Sector -Specific Provisions of the Agreement  ................................ ................................ ..31 
3.6   Trade in services and investment  ................................ ................................ ................. 31 
4   GENERAL PROVISIONS OF THE AGREEMENT  ................................ .............................  32 
4.1   Transparency  ................................ ................................ ................................ ............. 32 
4.2   Current payments and capital movements  ................................ ................................ .....32 
4.3   Exceptions  ................................ ................................ ................................ ................. 32 
4.4   Accession and Withdrawal ................................ ................................ ............................ 33 
4.5   Institutional framework  ................................ ................................ ............................... 33 
4.6   Dispute settlement  ................................ ................................ ................................ .....34 WT/REG381/1/Rev.1  
 
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  4.7   Relationship with other agreements concluded by the Parties  ................................ ........... 36 
4.8   Government procurement  ................................ ................................ ............................ 38 
4.9   Intellectual Property Rights  ................................ ................................ .......................... 39 
4.10   Sustainable Develop ment ................................ ................................ .......................... 39 
4.11   Competition  ................................ ................................ ................................ ............. 40 
4.12   Cooperation  ................................ ................................ ................................ ............. 40 
ANNEX 1  ................................ ................................ ................................ ........................  42 
ANNEX 2  ................................ ................................ ................................ ........................  55 
 
 
  WT/REG381/1/Rev.1  
 
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  Key Facts  
 
Parties to the Agreement:  The European Union , 
Botswana, Lesotho, Mozambique, Namibia, South Africa and 
Eswatini  
 
Date of Signature:   10 June 2016  
 
Date of  Entry into Force:   
Provisional application between Botswana, Lesotho, Namibia, 
South Africa and Eswatini on the one hand and the EU on the 
other hand as from 10 October 2016 and for Mozambique 
from 4 February 2018  
 
Date of Notification:  3 April 2017 ; and 12 February 2018  
 
Full implementation:  1 January 202 8 
 
1  TRADE ENVIRONMENT  
1.1.  The Economic Partnership Agreement (hereinafter "the Agreement") between the European 
Union and its member States, and the SADC EPA States, was signed on 10 June 2016  by the EU, 
Botswana, Lesotho, Namibia, South Africa and Eswatini and on 19 June between the EU and 
Mozambique . The Agreement  has been provi sionally applied between the EU and Botswana, Lesotho, 
Namibia, South Africa and Eswatini from 10 October 2016 and between the EU and Mozambique 
from 4 February 2018.  
1.2.  The economies of the Parties are considerably different in terms of size and share of global 
trade. With a GDP in 2017 of 15,300  billion Euros (US D 17,308  billion), the EU was the world's 
second largest trader of merchand ise (excluding intra -EU trade). Among th e SADC EPA States, South 
Africa  has the largest economy with a GDP o f USD 349,299  million and in 2017 was the world's 25th 
largest exporter and 23rd largest importer of mercha ndise , followed by Botswana with a GDP of US D 
17,168 million and ran ked 76th and 96thfor exports and imports respectively, Namibia with a GDP of 
USD 12,687 million and ranked  88th and 86th for exports and imports respectively, and Mozambique 
with a GDP of US$12,681 million, and ranking 86th and 90th for exports and imports respectively. 
The economies of Eswatini  and Lesotho are considerably smaller, wi th Eswatini  having a GDP of 
US$4,491 million and Lesotho US$2,768 million in 2017; their rankings in exports and imports were 
respectively 109th and 133rd for Eswatini and 124th and 126th for Lesotho .  
1.3.  Charts 1.1 and 1.2 below show the Parties bilateral and global trade in goods during the period 
2013-2017. Globally the EU has run a trade deficit during this period, although the magnitude of the 
deficit has varied. In its trade with the SADC EPA States, its largest trading partner is South Africa 
with which it has had a trade surplus for most of the period. Its trade deficits with Botswana and 
Eswatini declined for much of the period, while its deficit with Lesotho, Namibia and Mozambique 
increased.  WT/REG381/1/Rev.1  
 
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  Chart  1.1 EU: Merchandise trade with world and SADC, 2013 -2017  
 
Source:  UNSD, Comtrade database . 
Chart 1.2 SADC (Botswana, Es watini, Lesotho, Nam ibia, South Africa, Mozambique) : 
Trade with EU and with world, 2013 -2017  
 
Note:  Lesotho: data not ava ilable for 2016.  Exchange rates used for USD into euro wer e: 0.753 (2013), 
0.753730737 (2014), 0.901658962 (2015), 0.904035128 (201 6) and 0.887397421 (2017) . 
Source:   UNSD, Comtrade database; and ITC, TradeMap.  
 - 5 10 15 20 25 30
 1,550 1,600 1,650 1,700 1,750 1,800 1,850 1,900
Export Import Export Import Export Import Export Import Export Import
2013 2014 2015 2016 2017
Euro BillionsEuro Billions
Lesotho Mozambique South Africa Namibia
Eswatini Botswana Total Export (Left Axis) Total Import (Left Axis)
02004006008001,0001,200
01,0002,0003,0004,0005,0006,0007,0008,000
2013 2014 2015 2016 201705001,0001,5002,0002,5003,0003,5004,000
01,0002,0003,0004,0005,0006,0007,0008,000
2013 2014 2015 2016 2017
05,00010,00015,00020,00025,000
60,00062,00064,00066,00068,00070,00072,00074,00076,00078,00080,000
2013 2014 2015 2016 2017050100150200250300
02004006008001,0001,2001,4001,6001,8002,000
2013 2014 2015 2016 2017
020406080100120140160180200
0.0200.0400.0600.0800.01,000.01,200.01,400.01,600.01,800.0
2013 2014 2015 2016 201702004006008001,0001,2001,4001,6001,800
02,0004,0006,0008,00010,000
2013 2014 2015 2016 2017Euro million EUro million Euro million
Euro million Euro million
Euro million Euro millionEuro million
Euro million
Euro million Euro millionEuro millionNamibia Botswana
South Africa
EswatiniLesotho
Mozambique
WT/REG381/1/Rev.1  
 
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  1.4.  Chart s 1.3 and 1.4  shows the product composition of the Parties' global and bilateral trade by 
broad HS Section during the period 2013 -2015. Of the EU's three largest  global imports (minerals, 
machinery and che micals which duri ng this period accounted for 57.2 % of total imports), machinery 
and chemicals are key imports from South Africa and Mozambique (accounting for 42% and 46% 
respectively of its imports from these partners).  Chemicals also make up the third l argest import 
category (11% of total imports) from Namibia after base metals and animal products. The EU's 
imports from Eswatini are almost entirely dominated by prepared foods, while imports from 
Botswana and Lesotho are dominated by precious metals and s tones  (Chart 1.3) .  
Chart 1.3 EU-SADC: Product composition of merchandise trade, annual average (2013 -
2015)  
 
Source:  EuroStat.  
26
22
96664333327EU's global imports (%)
26
16
156655442228EU's global Exports (%)
9722EU's imports from Botswana (%)
91541EU's Imports from Eswatini (%)
991EU's Imports from Lesotho (%)Total: Euro 1,704 billionTotal: Euro 1,744 billion
Total: Euro 0.23 billionTotal:  Euro 2.26 billion
Total: Euro 0.17 billion
30
15
121099448EU's Imports from South Africa (%)
Total: Euro 17.47 billion33
17131384326EU's Imports from Mozambique (%)
Total: Euro 0.01 billion
36
311166523EU's Imports from Namibia (%)
Total: Euro 0.98 billion
WT/REG381/1/Rev.1  
 
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  1.5.  With regard to  imports by the SADC States, there are greater similarities in their global and 
bilateral import structure. Of Botswana's three main imports of precious metals and stones, minerals 
and machinery (which accounted during 2013 -2015 for 62% of its global impor ts, precious metals 
and stones, and machinery accounted for 87% of its imports from the EU. Of Eswatini's top four 
imports (minerals, chemicals, machinery and textiles, which together made up 49% of its global 
imports in this period), chemicals and machine ry made up 69% of its imports from the EU. Of 
Lesotho's three largest imports of textiles, minerals and machinery, which accounted for 43% of 
total imports during this period, textiles and machinery accounted for 48% of its imports from the 
EU. Of Mozambiq ue's three main imports, minerals, vegetable products, and prepared foods, which 
accounted for almost 84% of its global imports during this period, these three import categories 
accounted for almost 80% of its imports from the EU. Namibia's three largest i mports of vehicles, 
machinery and minerals (60% of global imports) were also its three largest imports from the EU in 
this period (71%). Finally, with regard to imports by South Africa, of its four largest global imports 
of machinery, minerals, vehicles an d chemicals, which accounted for 64.5% in this period, 
machinery, vehicles and chemicals are also its largest imports from the EU (accounting for 56.5% 
of imports).  
Chart 1.4(a) SADC -EU: Product composition of  merchandise trade, annual average 
(2013 -2015)  
 
Note:  Exchange rates for USD into euro:  0.753 (2013), 0.753730737 (2014), and 0.901658962 
(2015) . 
Source:  UNSD, Comtrade and ITC, TradeMap . 
19
14
10
8887544436Lesotho's global imports (%)
Total: Euro 1,241 million43
33116224Lesotho's global exports
Total: Euro 470 million26
22
1785553324Lesotho's imports from EU (%)
Total: Euro 17 million34
161286543328Botswana's global imports (%)
8462224Botswana's global Exports (%)
67174327Botswana's imports from EU (%)
16
13
11
9886664328Eswatini's global imports (%)
6810544225Eswatini's global exports (%)Total: Euro 6,125 millionTotal: Euro 5,789 million
Total: Euro 1,464 millionTotal:  Euro 521 million
Total: Euro 1,301 million48
2193333326Eswatini's imports from EU
Total: Euro 34 million
WT/REG381/1/Rev.1  
 
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  Chart 1.4(b) SADC -EU: Product composition of merchandise trade, annual average 
(2013 -2015)  
 
Note:  To convert USD into Euro, the exchan ge rates used are  0.753 (2013), 0.753730737 (2014), 
0.901658962 (2015) .  
Source:  UNSD, Comtrade and ITC,  Trade Map.  
  
24
21
1010543332214South Africa's global imports (%)
Total: Euro 76,704 million23
18
121110654227South Africa 's global exports
Total: Euro 71,247 million61139665Mozambique's global imports (%)
6721821Mozambique's global Exports (%)
46
17161282Mozambique's imports from EU (%)
20
16
15 1077433322224Namibia's global imports (%)
27
16
151412546Namibia's global exports (%)Total: Euro 2,588 millionTotal: Euro 1,663 million
Total: Euro 4,485 millionTotal:  Euro 197 million
Total: Euro 6,358 million33
26115544222222Namibia's imports from EU
Total: Euro 528 million
28
15
1355433320South Africa 's imports from EU (%)
Total: Euro 21,953 million
WT/REG381/1/Rev.1  
 
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  2  CHARACTERISTIC ELEMENTS OF THE AGREEMENT  
2.1  Background Information  
2.1.  The Agreement was signed by the Parties on 10 June 2016  and provisionally applied since 10 
October 2016 between the EU and Botswana, Namibia, Lesotho, South Africa and Swaziland, and 
since 4 February 2018  between the EU  and Mozambique . It was notified to the WTO on 3 April 2017  
under Article XXIV:7 of the GATT 1994 and its Understanding ; provisional application of the 
Agreement between Mozambique and the EU was notified under Article XXIV:7 of the GATT 1994 
and its Under standing on 9 February 2018 .1 The text of the Agreement along with its Annexes is 
available on the Parties' Websites:  
EU: https://eur -lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2016:250:0003:2120:EN:PDF  
South Africa: http://www.thedti.gov.za/trade_investment/trade.jsp  
Lesotho: http://www.lesothotradeportal.org.ls/?r=site/display&id=13  
2.2.  The Agreement contains  six Parts (with a total of 16 Chapters) , six annexes  and four protocols , 
all of which form an integral part of the Agreement (Box 2.1).  
Box 2.1 Structure of the Agreement  
Preamble   
Part I  Sustainable Development and other areas of cooperation  
Chapter  I General Provisions  
Chapter  II Trade and Sustainable  Development  
Chapter  III Areas of cooperation  
Part II  Trade and Trade Related Matters  
Chapter I  Trade in goods  
Chapter II  Trade defence instruments  
Chapter III  Non-tariff measures  
Chapter IV  Customs and Trade Facilitation  
Chapter V  Technical Barriers to Trade  
Chapter VI  Sanitary and Phytosanitary Measures  
Chapter VII  Agriculture  
Chapter VIII Current payments and capital movements  
Chapte r IX Trade in services and investment  
Part III  Dispute Avoidance and Settlement  
Chapt er I Objective and Scope  
Chapter II Consultations and mediation  
Chapter III  Dispute Settlement procedures  
Chapter IV  Common Provisions  
Part IV  General Exceptions  
Part V  Institutional Provisions  
Part VI  General and Final Provisions  
Annexes   
 
1 WTO document WT/REG381/N/1, dated 4 April 2017 and WT/REG381/N/1/Add.1 dated 12 February 
2018.  WT/REG381/1/Rev.1  
 
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  Annex I Customs Duties of the EU on Products Originating in the SADC EPA States  
Annex II Customs Duties of SACU on Products Originating in the EU  
Annex III Customs Duties of Mozambique on Products Originating in the EU  
Annex IV  Agricultural Safeguards  
Annex V  BLNS Transitional Safeguards  
Annex VI  SPS Priority Products and Sectors  
Protocols   
Protocol 1  Concerning the Definition of the Concept of "Originating Products" and Methods of 
Administrative Cooperation  
Protocol 2  Mutual Administrative Assistance in Customs Matters  
Protocol 3  Geographical Indications and Trade in Wines and Spirits  
Protocol 4  Concerning the Relationship between the TDCA and this Agreement  
Source:  The Agreement . 
 
2.3.  The Agreement shall apply on the one hand, to the territories in which the T reaty on the 
European Union (TEU)  and the Treaty on the Functioning of the European Union ( TFEU) are applied 
and under the conditions laid down therein, and on the other hand to the territories of the SADC 
EPA States (Article 115). The Parties to the Agreement are the SADC EPA States (Botswana, 
Eswatini, Lesotho, Namibia, Mozambique and South Africa ) and the European Union and its Member 
States. In certain sections, notably those referring to customs duties, bilateral and agricultural 
safeguards, references are made to SACU, the Southern African Customs Union , which includes 
Botswana, Eswatini, Lesotho, Namibia, and South Africa ) (Article 104) . 
2.4.  The objectives  of the Agreement , according to Chapter 1 include: to contribute to the reducti on 
and eradication of poverty through the establishment of a trade partnership that is consistent with 
the objective of sustainable development, the millennium development goals and the Cotonou 
Agreement; to promote regional integration, economic cooperati on and good governance to 
establish an effective, predictable and transparent regulatory framework for trade and investment 
between the Parties and among the SADC EPA States; promote the gradual integration of the SADC 
EPA States into the world economy acc ording to their political choices and development priorities; 
support the conditions for increasing investment and private sector initiatives and enhancing supply 
capacity, competitiveness and growth in the SADC EPA States; and strengthen existing relation s 
between the Parties on the basis of solidarity and mutual interest.  The Parties agree that the 
Agreement shall enhance commercial and economic relations, consolidate the implementation of the 
Protocol on Trade in the SADC (SADC Trade Protocol) and the SA CU Agreement, support trade 
between the Parties through the progressive but asymmetrical trade liberalization under the 
Agreement, and reinforce, broaden and deepen cooperation in all areas relevant to trade.  
2.5.  The Agreement aims to build on the Cotonou Agr eement, the Trade, Development and 
Cooperation Agreement (TDCA) between the EU and South Africa  and previous ACP -EU agreements 
in regional cooperation and integration, as well as economic and trade cooperation.  It shall be 
implemented in a complementary an d mutually reinforcing manner with respect to the Cotonou and 
TDCA agreements, subject to Articles 110 (Relations with the Cotonou Agreement) and 111  
(Relations with the TDCA)  (see Section 4.7 below) . The Parties agree to cooperate to implement the 
Agreeme nt in a manner that is consistent with the development policies and regional integration 
programmes in which the SADC EPA States are or may be involved and to fulfil their commitments 
and obligations and facilitate the capacity of the SADC EPA States to im plement the Agreement 
(Article 2).  
2.6.  The Parties recognize that regional integration is an integral element of their partnership and 
reaffirm the importance of regional and sub -regional integration among the SADC EPA States to 
achieve greater economic opportunities, enhanced political stability and to foster the effective 
integration of development countries into the world economy.  In particular, they support integration 
under the SACU and SADC Agreements, and the Constitutive Act of the Africa n Union adopted on 
11 July 2000, and the development policies and political objectives related to such processes.  They 
aim to implement the Agreement in a mutually supportive manner through these instruments, taking WT/REG381/1/Rev.1  
 
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  into account the respective levels of de velopment, needs, geographical realities and sustainable 
development strategies (Article 3). Through Article 4 of the Agreement, they undertake to 
continuously monitor the operation and impact of the Agreemen t through appropriate mechanisms, 
to ensure that  its objectives are achieved, that it is properly implemented and the benefits for their 
people, particularly the most vulnerable groups, are maximized. They will consult each other 
promptly over any issue concerning the implementation of the Agreement.  
2.7.  Under Article 116 the Parties agree to review the Agreement no later than 5 years after its 
entry into force. The review will be without prejudice to instances of adjustments, review or revisions 
otherwise  provided for in the Agreement.  In addition, any Part y may submit proposals for 
amendments to the Agreement to the Joint Council for consideration and adoption. Once adopted 
by the Joint Council, any amendments must be submitted to the Parties for ratification or acceptance 
according to their respective cons titutional or internal legal requirements.  
3  PROVISIONS ON TRADE IN GOODS  
3.1.  Part II of the Agreement deals with trade and trade related matters  and Chapter I with trade 
in goods . The Parties state in Article 20 that the Agreement establishes a free trade area between 
them, in conformity with GATT 1994 and in particular with Article XXIV. The Agreement respects the 
principles of asymmetry, commensurate to the specific needs and capacity constraints of the SADC 
EPA States, in terms of levels and timing of commitm ents (Article 20) . 
3.1  Import duties and charges, and quantitative restrictions  
3.1.1   General provisions  
3.2.  No new customs duties shall be introduced or increased for products subject to liberalization 
under the Agreement, from its entry into force.2 The exceptions ar e tariff preferences expressed as 
a margin of preference of the applied MFN duty, which can be raised (or reduced) if the MFN tariff 
is increased (or reduced) as long as the margin of preference indicated in the Party's Schedule is 
maintained; products exc luded from tariff reduction commitments in the Schedules of the Parties. 
Article 109 however permit s the EU to maintain tariffs for goods under heading 1701 destined for 
the French overseas departments from Botswana, Lesotho, Mozambique, Namibia and Eswatini for 
a period of ten years, which can be extended for another ten years unless otherwise agreed (Annex  I, 
Part III).  
3.3.  The basic duty to which the tariff reduction commitments apply is the MFN rate of duty applied 
at the date of entry into force of the Agreement (2018 for Mozambique and 2016 for the other 
Parties) . In cases where tariff reductions start later th an at entry into force of the Agreement, the 
base rate shall be either the MFN applied rate at entry into force of the Agreement or the MFN applied 
rate when the Party starts to implement tariff reductions, whichever is lower. If a preference is 
expressed as a percentage of the applied MFN, the applied preference may increase or decrease, 
depending on the MFN rate (Article 23.7). If the tariff preference is (partially) expressed as a fixed 
rate duty, the applied preference is either the customs duty calcula ted on the basis of the basic duty 
(the applied MFN rate at entry into force) or the applied MFN rate at the moment of liberali zation if 
the latter is lower  (Article 23.8) .  
3.4.  Following entry into force of the Agreement, if a Party were to increase or reduce  its applied 
MFN rate of duty , the tariff preference that is to be applied under the Agreement to the other Parties 
will be simultaneously increased or reduced, as long as the margin of preference in accordance with 
the Party's Schedule is maintained ; if the tariff preference is expressed as a fixed rate of duty, the 
reduced MFN rate of duty shall apply to the other Parties as long as it is lower than the fixed rate of 
duty indicated in the Party's Schedule.  
 
2 The Agreement defines customs duty as including any duty or charge of any kind imp osed on or in 
connection with the importation of goods, including any form of surtax or surcharge, but shall not include any 
internal taxes or other internal charges imposed in accordance with Article 40 of the Agreement (National 
treatment on internal tax es and regulation), duties imposed in accordance with Chapter II of Part II (trade 
defence) or fees or other charges imposed in accordance with Article 27 (fees and charges other than import or 
export duties) (Article 23).  WT/REG381/1/Rev.1  
 
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  3.5.  Under Article 28, there is an MFN clause which re quires that if the EU negotiates any new 
agreements which provides better preferences to a third party, the EU shall provide the same 
treatment to the SADC EPA States. If the EU becomes a party to a preferential trade agreement with 
a third party after the  signature of the Agreement, which provides better treatment to the third party 
than granted to South Africa under the Agreement, the EU and South Africa shall hold consultations 
to decide whether and how to extend the more favour able treatment to South Af rica. 
3.6.  If the SADC EPA States individually or collectively become party to a preferential trade 
agreement with any major trading economy after the signature of the Agreement, which grants the 
major trading economy a more favourable treatment than that the S ADC EPA States extend to the 
EU, and upon request by the EU, the SADC EPA States will extend the same more favourable 
treatment to the EU .3 If a SADC EPA State demonstrates that as a result of a preferential trade 
agreement with a major trading economy, i t receives substantially more favourable treatment 
overall than that offered by the EU, the Parties shall consult and jointly decide how best to implement 
this provision. However, they shall not extent to the EU treatment provided as a result of preferenti al 
trade agreements with the African, Caribbean and Pacific Group or other African countries or regions.  
However, the provisions of Article 28 shall not be construed to oblige the Parties to extend 
reciprocally any preferential treatment applicable as a re sult of the EU or any SADC EPA State being 
party to a preferential trade agreement with third parties on the date of signature of the Agreement.  
3.7.  All fees and charges other than import and export duties and taxes within the scope of 
Article  40 (which covers guarantees national treatment on internal taxation and regulation), imposed 
on or in connection with importation or exportation, shall not exceed the cost of services rendered 
and shall not represent an indirect protection for domestic products or a  tax on imports or exports 
for fiscal purposes (Article 27).4 
3.8.  Article 39 permits the use of quantitative restrictions by the Parties as long as they are applied 
in conformity with the WTO Agreement.  
3.1.2   Liberalization of trade and tariff lines  
3.9.  The EU's libera lization schedule is different with regards to Bot swana, Eswatini, Lesotho, 
Namibia and Mozambique  (Table 3.1a ) from that with South Africa (Table 3.1b) . In 2016, 25% of 
the EU's tariff was duty free for imports from MFN sources.5 These lines accounted fo r the majority 
of its average annual imports during 2013-2015 from Botswana (98.7% of total EU imports), Lesotho 
(99.3%), and 42.9% of imports from Namibia, 15.7% from Mozambique and only 1.7% from 
Eswatini.  Following entry into force of the Agreement, the  EU liberalized a further 6,910 tariff lines, 
which accounted for 73.4% of the tariff and between 0.7% and 76.8% of EU imports from these 
SADC  EPA States during 2013 -2015. The EU liberaliz es its minimum entry price system for imports 
of fruit and vegetable s under  28 lines  for all SADC EPA States except South Africa . Following full 
implementation of the Agreement (in 2016) 153 tariff lines (1.6%) in the EU tariff will remain subject 
to duty for imports from these SADC EPA States. These lines corresponded to imports ranging from 
zero to 77% of EU imports.  The level of liberalization for these SADC EPA States was , in 2019 , 
 
3 A major trading economy is desc ribed in the Article 28 as "any developed country or any country 
accounting for a share of world merchandise exports above 1% in the year before the entry into force of the 
agreement [with a third party] or any group of countries acting individually, colle ctively or through an 
economic integration agreement accounting collectively for a share of world merchandise exports above 1.5% 
in the year before the entry into force of the agreement [with the third party].  
4 The provisions in Article 27 extend to fees and charges imposed by Governmental authorities in 
connection with importation and exportation including those related to consular transactions, such as consular 
invoices and certificates, quantitative restrictions, licensing, exchange control, statistical  services, documents, 
documentation and certification, analysis and inspection and quarantine, sanitation and fumigation.  
5 In 2016 the EU's tariff consisted of 9,414 lines at the eight -digit level (HS 2012 nomenclature). Of 
these lines 8,406 (82.9%) were subject to ad valorem  rates of duty. Of the remaining 1,008 lines, 662 had 
specific rates of duty, 216 compound rates and 102 lines had mixed rates of duty. A further 28 lines were 
subject to a seasonal entry price system for fruit and vegetables.  These im ports are subject to a specific and 
ad-valorem  duty if their price is lower than the minimum entry price set out by th e EU authorities. The ad-
valorem  component can vary with the season, while the specific duty component depends on the difference 
between t he import price and the reference entry price.  WT/REG381/1/Rev.1  
 
- 13 - 
 
  equivalent to that provided under the EU's Everything But Arms programme which is available for 
least developed country beneficiaries.6 
Table 3.1a EU – Botswana, Eswatini, Lesotho, Namibia and Mozambique: Tariff 
elimination commitments under the Agreement and corresponding average trade  
Duty  
phase -out period  Number of lines  % of total lines in EU's 
tariff schedule  Value of EU's 
importsa 
(in million 
euro)  % of EU's 
total 
imports  
   Botswana (2013 -2015)  
2016 (MFN)  2,351  25.0 2,224.8  98.7 
2016 6,910  73.4 29.3 1.3 
Remain dutiable  153 1.6 0.0 0.0 
TOTAL  9,414  100.0  2,254.1  100.0  
   Eswatini (2013 -2015)  
2016 (MFN)  2,351  25.0 2.9 1.7 
2016 6,910  73.4 36.0 21.2 
Remain dutiable  153 1.6 130.6  77.1 
TOTAL  9,414  100.0  169.5  100.0  
   Lesotho (2013 -2015)  
2016 (MFN)  2,351  25.0 227.7  99.3 
2016 6,910  73.4 1.6 0.7 
Remain dutiable  153 1.6 0.0 0.0 
TOTAL  9,414  100.0  229.4  100.0  
   Namibia (2013 -2015)  
2016 (MFN)  2,351  25.0 367.9  42.9 
2016 6,910  73.4 490.0  57.1 
Remain dutiable  153 1.6 0.0 0.0 
TOTAL  9,414  100.0  857.9  100.0  
   Mozambique (2013 -2015)  
2016 (MFN)  2,351  25.0 213.3  15.7 
2016 6,910  73.4 1,043.2  76.8 
Remain dutiable  153 1.6 102.3  7.5 
TOTAL  9,414  100.0  1,358.9  100.0  
a Import coverage is from HS chapters 1 -97. 
Note:  Tariff lines subject to in -quota rates are excluded in the computation; for the calculation of averages, 
specific rates are excluded and the ad valorem  parts of alternate rates are included.  
 Tariff lines under the Excluded category reflect the MFN 2016 du ties. This process is in accordance 
with the methodology applied by the Secretariat across all FPs where it aims to assess the margins 
of preference in reference to the MFN duties as of entry into force.  
 Based on the HS 2012 nomenclature.  
Source:  WTO est imates based on data provided by EU and WTO -IDB database.  
 
3.10.   With regard to trade with South Africa, around 55.1% of imports into the EU already entered 
duty free under MFN tariffs. T he EU eliminated tariffs on 6,624 lines (70.4% of the tariff) upon entry 
into force of the Agreement in 2016. These lines corresponded to 38.9% of imports from South 
Africa during 2013 -2015. However, under the Trade, Development and Cooperation Agreement 
(TDCA) between the EU and South Africa, the EU had committed to eliminate ta riffs on 91.3% of its 
imports from South African by 2010. This corresponded to 89.9% of the EU's average annual imports 
from South Africa during 1997 -1999.7 Further tariff elimination under the Agreement is envisaged 
in 2021 (1 line, corresponding to 0.4%  of imports from South Africa) and in 2025 (37 lines, 
corresponding to 0.1% of imports from South Africa). Once the Agreement is fully implemented 401 
lines (4.3% of the tariff) will remain subject to duties for imports from South Africa, corresponding 
 
6 See table 3.5 in the EU's most recent Trade Policy Review (WTO document WT/TPR/S/395) which 
shows the level of liberalization under the EBA and the EPA in 2019.  
7 WTO document WT/REG113.3, 29 August 2012. The TDCA envisaged that 8.7% of the EU's tariff 
would remain subject to duties for imports from South Africa at the end of implementation in 2010. The shares 
in this factual presentation and that for the EU -SADC EPA are not strictly comparable due to changes in HS 
nomenclatures.  WT/REG381/1/Rev.1  
 
- 14 - 
 
  to 5.5% of imports during 2013 -2015.  These include the 28 lines under the EU's entry price system , 
which will continue to apply for imports from South Africa. Three tariff lines relating to jams, jellies 
and marmalades are only partially liberalized for impor ts from South Africa, and for consistency are 
treated as not liberalized.   
Table 3.1b EU – South Africa: Tariff elimination commitments under the Agreement and 
corresponding average trade  
Duty  
phase -out period  Number of 
lines  % of total lines in 
EU's tariff 
schedule  Value of EU's 
importsa from South 
Africa  
(2013 -2015)  
in million Euro  % of EU's total 
imports from  
South Africa  
(2013 -2015)  
2016 (MFN)  2,351  25.0 9,257.1  55.1 
2016 6,624  70.4 6,545.0  38.9 
2021 1 0.0 61.4 0.4 
2025 37 0.4 13.6 0.1 
Remain dutiable  4018 4.3 932.2  5.5 
TOTAL  9,414  100.0  16,809.3  100.0  
a Import coverage is from HS chapters 1 -97. 
Note:  Tariff lines subject to in -quota rates are excluded in the computation; for the calculation of 
averages, specific rates are excluded and the ad valorem  parts of alternate rates are included.  
 Tariff lines under the Excluded category reflect the MFN 2016 du ties. This process is in accordance 
with the methodology applied by the Secretariat across all FPs where it aims to assess the margins 
of preference in reference to the MFN duties as of entry into force.  
 Based on the HS 2012 nomenclature.  
Source:  WTO estimates based on data provided by EU and WTO -IDB database.  
 
3.11.   Tables 3.2a and 3.2 b show tariff liberalization by the SADC EPA States.  Table 3.3a shows 
tariff liberalization by the SACU States (Botswana, Eswat ini, Lesotho, Namibia and South Africa). In 
2016 4,140 lines (55.5% of the tariff) in the SACU tariff were duty free for imports from MFN 
sources.9 These lines accounted for the majority of imports  from the EU  during 2013 -2015, ranging 
from 59% of imports  for South Africa, 71. 2% for  Namibia (2012 -2014), 80. 2% for  Lesotho (2011 -
2012), 80. 4% for  Eswatini, to 90.9% for  Botswana. Following entry into force of the Agreement a 
further 28.6% of the tariff was liberalized, accounting for 6.3% of imports for Botswa na, 15.2% for 
Eswatini, 16.6% for Lesotho, 7.3% for Namibia and 22% for South Africa.  In 2017 a further 95 lines 
were liberalized, but under which imports from the EU were negligible. Further liberalization is to 
take place in 2021 (4 lines), and 2025 (51 lines). At the end of liberalization 1,037 lines or 13.9% 
of the tariff will remain dutiable for imports from the EU, accounting for 2.8% of imports by 
Botswana, 4.4% for Eswatini, 3.3% for Lesotho, and 18.9% for South Africa.  
Table 3.2a SADC (Botswana, Eswatini, Lesotho, Namibia, South Africa) - EU: Tariff 
elimination commitments under the Agreement and corresponding average trade  
Duty  
phase -out period  Number of 
lines  % of total lines in 
SADC*'s tariff 
schedule Value of SADC's 
importsa from EU  
in million Euro  % of SADC's total 
imports from  
EU 
   Botswana (2013 -2015)  
2016 (MFN)  4,140  55.5 473.5  90.9 
2016 2,132  28.6 32.9 6.3 
2017 95 1.3 0.0 0.0 
2021 4 0.1 0.0 0.0 
2025 51 0.7 0.0 0.0 
Remain dutiable  1,037  13.9 14.6 2.8 
TOTAL  7,459  100.0  521.0  100.0  
 
8 Three tariff lines ( 2007.99.39, 2007.99.50, 2007.99.97 ) have multiple staging categories in the EU's 
Schedule for South Africa with a part of the product being excluded; these tariff lines are considered as 
remaining dutiable.  
9 In 2016 the SACU tariff consisted of 7,459 lines a t the eight -digit level (HS 2012 nomenclature). Of 
these 7,162 lines (96%) were subject to ad valorem  rates of duty. Of the remaining 297 lines, 166 had specific 
rates of duty, and 110 had mixed rates of duty; 20 lines did not have duties.  WT/REG381/1/Rev.1  
 
- 15 - 
 
  Duty  
phase -out period  Number of 
lines  % of total lines in 
SADC*'s tariff 
schedule Value of SADC's 
importsa from EU  
in million Euro  % of SADC's total 
imports from  
EU 
   Eswatini (2013 -2015)  
2016 (MFN)  4,140  55.5 293.1  80.4 
2016 2,132  28.6 55.3 15.2 
2017 95 1.3 0.0 0.0 
2021 4 0.1 0.0 0.0 
2025 51 0.7 0.0 0.0 
Remain dutiable  1,037  13.9 16.2 4.4 
TOTAL  7,459  100.0  364.6  100.0  
   Lesotho (2011 -2012)  
2016 (MFN)  4,140  55.5 3.6 80.2 
2016 2,132  28.6 0.7 16.6 
2017 95 1.3 0.0 0.0 
2021 4 0.1 0.0 0.0 
2025 51 0.7 0.0 0.0 
Remain dutiable  1,037  13.9 0.1 3.3 
TOTAL  7,459  100.0  4.5 100.0  
   Namibia (2012 -2014)  
2016 (MFN)  4,140  55.5 274.1  71.2 
2016 2,132  28.6 28.0 7.3 
2017 95 1.3 0.1 0.0 
2021 4 0.1 0.0 0.0 
2025 51 0.7 0.1 0.0 
Remain dutiable  1,037  13.9 82.8 21.5 
TOTAL  7,459  100.0  385.1  100.0  
   South Africa (2013 -2015)  
2016 (MFN)  4,140  55.5 10,746.0  59.1 
2016 2,132  28.6 4,006.7  22.0 
2017 95 1.3 1.9 0.0 
2021 4 0.1 0.6 0.0 
2025 51 0.7 0.9 0.0 
Remain dutiable  1,037  13.9 3,428.9  18.9 
TOTAL  7,459  100.0  18,185.0  100.0  
a Import coverage is from HS chapters 1 -97. 
* Botswana, Eswatini, Lesotho, Namibia, South Africa (SACU Countries) . 
Note:  Tariff lines subject to in -quota rates are excluded in the computation; for the calculation of 
averages, specific rates are excluded and the ad valorem  parts of alternate rates are included.  
 Tariff lines under the Excluded category reflect the MFN 2016 duties. This process is in accordance 
with the methodology applied by the Secretariat across all FPs where it aims to assess the margins 
of preference in reference to the MFN duties as of entry  into force.  
 Based on the HS 2012 nomenclature.  
Source:  WTO estimates based on data provided by authorities, WTO -IDB database  and UNSD Comtrade.  
 
3.12.   With regard to Mozambique's tariff liberalization, the Secretariat did not receive any  data and 
was therefor e unable to calculate its liberalization commitments . Mozambique provided the 
information in Table 3.2b below which shows that in 2017 225 tariff lines were duty free on an MFN 
basis and under which almost 30% of imports from the EU entered during 2013 -15.10 When the 
Agreement entered into force Mozambique liberalized a further 229 lines (3% of the tariff) in 2018, 
corresponding to 32% of its imports from the EU during 2013 -15. Further liberalization is expected 
in 2023 (1,653 lines) under which almost 38% of Mozambique's imports during 2013 -15 entered 
 
10 In 2018, accor ding to the MFN tariff schedule for Mozambique available in WTO -IDB, the tariff 
consisted of 5,551 lines at the eight -digit level (HS 2017 nomenclature). All tariff lines were subject to ad 
valorem  rates of duty . WT/REG381/1/Rev.1  
 
- 16 - 
 
  from the EU, and in 2028 (2,150 lines). Following implementation 3,408 lines (44.5% of the tariff) 
will remain subject to duty for imports from the EU.  
Table 3.2b SADC (Mozambique) – EU: Tari ff elimination commitments under the 
Agreement and corresponding average trade  
Duty  
phase -out period  Number of 
lines  % of total lines 
in 
Mozambique's  
tariff schedule  Value of Mozambique's 
imports from EU  
in million euro (2013 -
2015)  % of 
Mozambique's 
total imports 
from  the EU 
2017 (MFN)  225 2.9 660.7  29.7 
2018  229 3.0 719.1  32.4 
2023  1,653 21.6 842.7  37.9 
2028  2,150 28.0 0.0 0.0 
Remain dutiable  3,408 44.5 0.0 0.0 
TOTAL  7,665  100 2,222.5  100.0  
Source:  Information  provided by the Mozambique authorities . 
 
3.1.3   Liberalization schedule  
3.1.3.1   European Union  
3.13.   Tables 3.3 a-b show tariff elimination under the Agre ement by the EU  by broad HS Section.  
With regard to trade with Botswana, Eswatini, Lesotho, Namibia and Mozambique, once tariff 
liberalization is implemented, dutiable tariff lines will remain only in Secti ons I (9 lines), II (1 line),  
III (125 lines)  and XIX (18 lines)  with average tariffs ranging from 2.7% in Section XIX to 18% in 
Section IV . These HS Sections correspond to HS Chapters 4, 8, 17, 20 -22 and 93 and as Chart 3.1 
shows, the MFN applied and preferential average rates for the lines remaining subject to duties are 
the same suggesti ng no further liberalization of these lines on a preferential basis. Chapters 4, 17 
and 22 contain specific rates of duty for which ad valorem  equivalents are not available.  
Table 3.3a EU - Botswana, Eswatini,  Lesotho, Namibia and Mozambique: Tariff 
elimination under the Agreement, by HS Section  
HS 
Section  MFN 
average  
% Total 
Number  
of lines  Duty -free 
lines 
under the  
MFN 2016  Number of duty -
free lines  
under the 
Agreement 
(2016)  Number  of 
lines 
remaining 
dutiable  Avg. Final 
Tariff 
(Dutiable) %  
I 9.8 931 107 815 9  
II 5.6 557 142 414 1 14.4 
III 5.9 128 23 105   
IV 14.1 840 94 621 125 18.0 
V 0.8 234 170 64   
VI 4.2 1,168  303 865   
VII 4.6 301 62 239   
VIII 3.1 130 45 85   
IX 2.4 213 99 114   
X 0.0 195 195    
XI 8.0 1,159  39 1,120    
XII 8.2 106 2 104   
XIII 4.0 240 33 207   
XIV 0.6 56 45 11   
XV 1.8 953 500 453   
XVI 2.3 1,375  307 1,068    
XVII 4.9 269 30 239   
XVIII 2.5 322 89 233   
XIX 2.2 22 4  18 2.7 
XX 2.6 208 55 153   
XXI 0.0 7 7    
TOTAL  5.1 9,414  2,351  6,910  153 12.7 
Note:  Tariff lines subject to in -quota rates are excluded in the computation; for the calculation of 
averages, specific rates are excluded and the ad valorem  parts of alternate rates are included.  
 Based on the HS 2012 nomenclature . 
Source:  WTO estimates based o n data provided by EU and WTO -IDB database.  WT/REG381/1/Rev.1  
 
- 17 - 
 
  Chart 3.1  EU-Botswana, Eswatini, Lesotho, Mozambique and Namibia: Average of 
dutiable rates, by HS Chapter  
 
* Specific rates only.  
Note:  Based on the HS 2012 nomenclature.  
 Tariff lines subject to in -quota rates are excluded in the computation; for the calculation of 
averages, specific rates are excluded and the ad valorem  parts of alternate rates are included . 
Source:  WTO estimates based on data provided by EU . 
 
3.14.   With regard to trade with South Africa, the majority of tariffs (6,624 lines) were liberalized in 
2016 upon entry into force of the Agreement. Once the Agreement is fully implemented in 2025 
tariffs will remain in HS Sections I, II, IV and VI, with average tariffs on dutiable products ranging 
from 7.6% in HS Section VI to 12.8% in Section IV.  Chart 3.3 shows duties remaining by HS  Chapter. 
Average preferential tariffs in most Chapters are equivalent to average applied MFN tariffs with the 
exception of Chapters 13, 17 -19, 21, 29 and 38 which have lower average preferential duties, 
showing that additional market access is provided for these Chapters. Average duties remaining 
range from 5% for HS 76 to 19.2% for HS 11 . Chapters 4, 16, 22 and 23 contain specific rates of 
duty for which ad valorem  equivalents are not available.  
Table 3.3b EU-South Africa: Tariff elimination under the Agreement, by HS Section  
HS 
Section  MFN 
average  
% Total 
Number  
of lines  Duty -free 
lines 
under the  
MFN 2016  Number of duty-free lines 
under the Agreement  Number  
of lines 
remaining 
dutiable  Avg. Final 
Tariff 
(Dutiable) 
% 2016  2021  2025  
I 9.8 931 107 756 1 23 44 12.2 
II 5.6 557 142 347   68 9.6 
III 5.9 128 23 105     
IV 14.1 840 94 467  14 265 12.8 
V 0.8 234 170 64     
VI 4.2 1,168  303 846   19 7.6 
VII 4.6 301 62 239     
VIII 3.1 130 45 85     
IX 2.4 213 99 114     
X 0.0 195 195      
XI 8.0 1,159  39 1,120      
XII 8.2 106 2 104     
XIII 4.0 240 33 207     
XIV 0.6 56 45 11     
XV 1.8 953 500 448     
02468101214161820
04
08
17
20
21
22
93Average Duty Rate
HS Chapters Preferential MFN
* * *
* Specific rates only.WT/REG381/1/Rev.1  
 
- 18 - 
 
  HS 
Section  MFN 
average  
% Total 
Number  
of lines  Duty -free 
lines 
under the  
MFN 2016  Number of duty-free lines 
under the Agreement  Number  
of lines 
remaining 
dutiable  Avg. Final 
Tariff 
(Dutiable) 
% 2016  2021  2025  
XVI 2.3 1,375  307 1,068      
XVII 4.9 269 30 239     
XVIII 2.5 322 89 233     
XIX 2.2 22 4 18     
XX 2.6 208 55 153     
XXI 0.0 7 7      
TOTAL  5.1 9,414  2,351  6,624  1 37 401 11.8 
Note:  Tariff lines subject to in -quota rates are excluded in the computation; for the calculation of averages, 
specific rates are excluded and the ad valorem  parts of alternate rates are included.  
 Based on the HS 2012 nomenclature . 
Source:  WTO estimates based o n data provided by EU and WTO -IDB database.  
Chart 3.2  EU-South Africa: Average of dutiable rates, by HS Chapter  
 
* Specific rates only.  
Note:  Based on the HS 2012 nomenclature.  
 Tariff lines subject to in -quota rates are excluded in the computation; for the calculation of 
averages, specific rates are excluded and the ad valorem  parts of alternate rates are included . 
Source:  WTO estimates based on data provided by EU . 
3.1.3.2   SADC EPA Stat es 
3.15.   Table 3.4 a shows tariff liberalization by SACU according to broad HS Section. The majority of 
tariff liberalization (2,132 lines) took place in 2016 when the Agreement entered into force. Once 
the Agreement is fully implemented in 2025, tariffs will rem ain for imports from the EU for most HS 
Sections (except HS III, IX, X, XIV, XVIII, XIX and XXI). Average tariffs of duties remaining range 
from 10% in HS Section II to 25.6% in Section IV. Chart 3.3 shows, that for the HS Chapters in 
which duties will rem ain once the Agreement is fully implemented, additional liberalization on a 
preferential basis has been provided for imports from the EU mainly for industrial Chapters with MFN 
and preferential average duties the same in many agricultural chapters such as HS 2, 4, 10, 16, 19, 
and 21 . 
0510152025
01
02
04
06
07
08
10
11
13
16
17
18
19
20
21
22
23
29
35
38
76Average Duty Rate
HS Chapters Preferential MFN
* * *    *
* Specific rates only.WT/REG381/1/Rev.1  
 
- 19 - 
 
  Table 3.4a SACU  (Botswana, Eswatini, Lesotho, Namibia and South Africa) - EU: Tariff 
elimination under the Agreement, by HS Section  
HS 
Section  MFN 
average  
% Total 
Number  
of lines  Duty -free 
lines 
under the  
MFN 
2016  Number of duty-free lines 
under the Agreement  Number  
of lines 
remaining 
dutiable  Avg. Final 
Tariff 
(Dutiable) 
% 2016  2017  2021  2025  
I 13.8 465 276 34 39 4 46 66 53.5 
II 6.8 415 187 216    12 10.0 
III 7.5 69 17 52      
IV 16.3 419 84 236 56  5 38 25.6 
V 1.7 189 156 18    15 12.1 
VI 2.1 1,167 977 185    5 12.1 
VII 7.4 477 222 231    24 13.0 
VIII 11.1 92 42 27    23 19.2 
IX 7.3 113 60 53      
X 3.6 201 149 52      
XI 22.5 987 175 100    712 17.1 
XII 21.0 82 15 36    31 19.0 
XIII 7.4 218 89 124    5 12.6 
XIV 4.3 60 47 13      
XV 5.5 763 458 302    3 14.3 
XVI 3.8 1,048 769 267    12 11.8 
XVII 9.8 248 119 43    86 16.0 
XVIII 0.3 215 210 5      
XIX 13.4 66 7 59      
XX 10.3 158 74 79    5 21.4 
XXI 0.0 7 7       
TOTAL  8.5 7,459  4,140  2,132  95 4 51 1,037  19.2 
Note:  Tariff lines subject to in -quota rates are excluded in the computation; for the calculation of 
averages, specific rates are excluded and the ad valorem  parts of alternate rates are included.  
 Based on the HS 2012 nomenclature . 
Source:  WTO estimates based o n data provided by Authorities and WTO -IDB database.  
Chart 3.3  SACU  (Botswana, Eswatini, Lesotho,  Namibia and South Africa) - EU: Average 
of dutiable rates, by HS Chapter  
 
* Specific rates only.  
Note:  Based on the HS 2012 nomenclature.  
 Tariff lines subject to in -quota rates are excluded in the computation; for the calculation of 
averages, specific rates are excluded and the ad valorem  parts of alternate rates are included . 
Source:  WTO estimates based on data provided by Authorities.  
 
0102030405060708090100
02
04
10
11
13
16
17
19
20
21
23
24
27
28
29
40
42
51
52
53
54
55
56
57
58
59
60
61
62
63
64
68
70
83
84
85
87
94
96Average Duty Rate
HS Chapters Preferential MFN
* **
* Specific rates only.*WT/REG381/1/Rev.1  
 
- 20 - 
 
  3.16.   No data was provided  to the WTO Secretariat by  Mozambique.  Table 3.4b below includes 
information provided by Mozambique and shows tariff liberalization by HS Section during the 
transition period up to 2028. At the end of implementation, the average final tari ff for lines remaining 
subject to duty will range from 4.1% in HS Section V ( mineral products ) to 20% in Section XIX ( arms 
and ammunition ). The overall average tariff will be 11.7%.  No information is available on tariff 
liberalization by HS Chapter.  
Table 3.4b SADC (Mozambique) - EU: Tariff elimination under the Agreement, by HS 
Section  
HS 
Section  MFN 
average 
% Total 
Number  
of lines  Duty -free 
lines 
under the 
MFN 2017  Number of duty -free lines under 
the Agreement  Number  
of lines 
remaining 
dutiable  Avg. Final 
Tariff 
(Dutiable) 
% 2018  2023  2028  
I 18.04  457 18 19 25 34 361 18.98  
II 13.98  490 42 42 80 97 229 15.86  
III 10.35  50         50 10.35  
IV 16.41  290 6 6 42 52 184 16.45  
V 4.01 172 1 1 3 7 160 4.10 
VI 4.71 1,200 106 106 111 177 700 5.36 
VII 7.87 333 4 4 101 191 33 9.37 
VIII 10.83  106   3 34 34 35 7.13 
IX 8.56 191     69 80 42 7.91 
X 7.58 261 7 7 78 116 53 4.66 
XI 16.36  957 2 2 175 214 564 17.59  
XII 17.50  56 1 1 1 1 52 17.11  
XIII 9.61 154 1 1 9 10 133 9.71 
XIV 12.45  53         53 12.45  
XV 7.77 738 1 1 170 204 362 6.87 
XVI 6.88 1,414 28 28 568 706 84 6.48 
XVII 8.59 195 1 1 15 34 144 9.47 
XVIII 9.80 381 3 3 165 185 25 8.70 
XIX 20.00  18         18 20.00  
XX 16.21  142 4 4 7 8 119 18.60  
XXI 17.50  7         7 17.50  
TOTAL  11.67  7,665  225 229 1,653 2,150 3,408 11.65  
Source:  Information  provided  by the Mozambique authorities . 
 
3.1.4   Tariff rate quotas  
3.17.   The EU maintains tariff rate quotas under the Agreement for imports from South Africa of 
skimmed milk powder, butter, frozen strawberries, sugar, white crystalline powder, citrus jams, 
canned fruit , canned tropical fruit , frozen orange juice, apple  juice, active yeast , wine and ethanol . 
The TRQs are applied on a first -come, first -served basis, and for a number of products, the quantities 
under quota entering at preferential rates  are to increase annually  (Annex 2) . 
3.18.   The TRQs that were applied for imp orts from South Africa under the EU -South Africa TDCA 
have continued  under the equivalent conditions under the Agreement from the date of provisional 
application until the conditions of Article 113(6) were met. Once these conditions were met at the 
end of October 2016, the TRQs under the Agreement entered into force on 1 November 2016.  
3.19.   SACU grants the EU  TRQs under th e Agreement for cheese, pig fat, butter, wheat and meslin, 
barley, cereal based food preparations, pork, ice cream and mortadella bologna. Pen ding the 
establishment of a TRQ management system at SACU level, the TRQs are apportioned amongst 
SACU States based on historical trade as specified under each TRQ. The TRQs are managed on a 
first-come first-served basis at country level, except for Namibi a. On 1 September each year, any 
unused TRQ allocation  is made available to each SACU member according to a predefined share . 
3.20.   The Parties agree, that at the request of either Party, they shall review the administration of 
the TRQs, including with regard to  their effectiveness in ensuring quota fill. They may make 
recommendations to adjust the operation of the TRQs in the light of the review.  
 WT/REG381/1/Rev.1  
 
- 21 - 
 
  3.2  Rules of origin  
3.21.   Rules of origin are laid down in Protocol 1 of the Agreement (Article 22). Products meeting 
the foll owing requirements will qualify as originating under the Agreement and have preferential 
access: (a) products wholly obtained in the EU or the SADC EPA States; and (b) products obtained 
in the EU or the SADC EPA States which have not been wholly obtained t here but have undergone 
sufficient working or processing in the Parties (as defined in Annex II to the Protocol) within the 
meaning of Article 8 of the Protocol.  According to Annex II to the Protocol sufficient working or 
processing refers either to a change in tariff classification at the chapter or heading level, or if the 
value of non-originating materials used in the production of a good do not exceed between 15% to 
50% of the ex -works price of the  product. In some cases , either one rule or the other may be used 
to determine sufficient working or processing. Protocol 1 foresees bilateral cumulation, by which 
materials originating in the EU (a SADC EPA State) shall be considered as originating in a S ADC EPA 
State (EU) when incorporated into a product obtained in that SADC EPA State (EU) provided the 
working or processing goes beyond what is described in Article 9 (1) of the Protocol as insufficient 
processing.  
3.22.   The Agreement permits diagonal cumulation under certain conditions  described in  Article 4 of 
Protocol 1.  Materials originating or working or processing in a SADC EPA State, the EU, other ACP 
EPA States or in the Overseas Countries or Territories (OCTs), shall be considered as materials , or 
working  or processing, originating in the SADC EPA State (or the EU) where the materials are 
incorporated into a product obtained there provided that the working or processing goes beyond 
what is described in Article 9(1) of the Protocol as insufficient processin g. 
3.23.   If the product obtained does not go beyond the operations described  in Article 9(1), the 
product shall be considered as originating in a SADC EPA State or the EU only when the value -added 
there exceeds the value of the materials used originating in any of the other countries or territories. 
The origin of the materials originating in the EU or the SADC EPA States shall be determined under 
the rules of origin of the Agreement; the origin of materials originating in other ACP EPA States or 
the OCTs shall be  determined in accordance with the rules of origin of the EU's preferential 
arrangements with these States.  
3.24.   Diagonal cumulation shall only apply under certain conditions  and excludes certain products .11 
For cumulation in a SADC EPA State, it may only be ap plied if  (a) the SADC EPA States, other ACP 
States and OCTs have entered into an arrangement or agreement on administrative cooperation 
with each other, which ensures compliance with and correct implementation of Article 4 of Protocol  1 
of the Agreement  and includes a reference to the use of appropriate proofs of origin; and (b) the 
SACU Secretariat and the Ministry of Industry and Trade of Mozambique have provided the European 
Commission with the details of such arrangements or agreements. With regard to c umulation in the 
EU it may only be applied if (a) the EU, the other ACP EPA States and OCTs have entered into an 
arrangement or agreement on administrative cooperation with each other, which ensures compliance 
with and correct implementation of Article 4 o f Protocol 1  and includes a reference to the use of 
appropriate proofs of origin; and (b) the European Commission has provided the SADC EPA States, 
through the SACU Secretariat and the Ministry of Industry and Trade of Mozambique with details of 
these arra ngements or agreements.  The EU applies cumulation since 1 October 2018.12  
3.25.   Non-originating materials  which are imported by the EU at MFN duty free rates , shall be 
considered originating in SADC EPA States when incorporated into a product there and do not require 
 
11 Under Article 4.15 the following shall no t be considered to originate in the SADC EPA States: 
materials under HS 1604 and 1605 (fish preparations) originating in the EPA Pacific States according to Article 
6(6) of Protocol II of the Interim Partnership Agreement between the EU and the Pacific Sta tes or any future 
comprehensive EPA between these parties; and materials originating in South Africa but that do not have duty 
free and quota free access to the EU market under the Agreement. The following shall not be considered to 
originate in the EU: wh ere the final product is exported to SACU, materials originating in non -SACU SADC 
States which do not enjoy duty free and quota free access to the SACU market under the SADC Protocol on 
Trade and materials originating in the other ACP EPA States and the OC Ts, other than the non -SACU SADC 
States, which cannot be imported directly into SACU duty free and quota free; where the final product is 
exported to Mozambique, materials originating in OCTs or other ACP EPA States, which cannot be directly 
imported into Mozambique duty free and quota free.  
12 Official Journal C407, 12.11.2018, p 8. Viewed at: https://eur -lex.europa.eu/legal -
content/EN/TXT/PDF/?uri=OJ:C:2018:4 07:FULL&from=NL . WT/REG381/1/Rev.1  
 
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  sufficient working or processing  under Article 9(1) .13 Materials originating in countries and territories 
which have duty free and quota free acces s to the EU market under the EU's Generalized System of 
Preferences (GSP)scheme, shall be considered as materials originating in a SADC EPA State when 
incorporated into a product obtained there provided they have undergone sufficient working or 
processing beyond that under Article 9(1); the origin of such materials shall be determined by the 
provisions of the GSP scheme.14 At the request of a SADC EPA State, c umulation may also be 
provided to materials originating in countries and territories that benefit f rom the EU's duty free and 
quota free  treatment arrangement .15 
3.26.   Protocol 1 also has provisions relating to the unit of qualification (Article 10), accessories, 
spare parts and tools (Article 11), Sets (Article 12), and n eutral elements (Article 13).  
3.27.   The pri nciple of territoriality is recognized by Article 14 of Protocol 1 requiring that with the 
exception of Articles 3 -6 (dealing with cumulation as above) of the Protocol the conditions for 
acquiring originating status must be fulfilled without interruption i n a SADC EPA State or in the EU.  
Title IV deals with requirements for proof of origin, and procedures and conditions for the issue of a 
movement certificate (Articles 19 -24). Exporters who make frequent shipments may be authorized 
by the authorities of the  exporting country to make out origin declarations irrespective of the value 
of the products concerned (Article 25).  
3.28.   Title V of Protocol 1 describes arrangements for administrative cooperation. The Parties 
undertake to put into place the necessary national  and regional arrangements required for the 
enforcement of the rules and procedures laid down in Protocol 1 including, where appropriate, the 
arrangements necessary for the application of bilateral and diagonal cumulation and cumulation from 
countries  which benefited from duty free and quota free access to the EU market; and the 
administrative structures and systems necessary for appropriate management and control of the 
origin of products and compliance with other conditions in Protocol 1.  Protocol 1 also outlines details 
for verification of proof of origin. Where disputes arise from verification procedures which cannot be 
settled between the customs authorities requesting verification and responsible for carrying out of 
the verification, or for questions o n the interpretation of the Protocol , they shall be submitted to the 
Committee.  Finally , under Article 43 a derogation  for a period of five years from the Protocol may 
be adopted by the Committee where the development of existing industries or the creation  of new 
ones in the SADC EPA States justifies them.  According to the Parties no such derogations have been 
adopted.  
3.29.   The Joint Council shall examine annually or whenever the parties request, the application of 
the provisions of the Protocol and their economic effects with a view to making any necessary 
amendments or adaptations. Among other elements, it shall take into a ccount the effects on the 
rules of origin of technological developments  (Article 45) . 
3.3  Export duties and charges, and quantitative restrictions  
3.30.   The Parties commit under Article 26 to not impose new customs duties or taxes in connection 
with the exportation of goods, nor to increase those already applied in trade between the Parties 
from the date of entry into force of the Agreement [except as otherwise provided in the Agreement].  
Notwithstanding this, in exceptional circumstance, where justified for specific  revenue needs or 
where necessary for the protection of infant industries or th e environment, or where essential for 
the prevention or relief of general or local shortages of foodstuffs or other products essential to 
 
13 Materials which originate in countries in which they are subject to anti -dumping or countervailing 
duties at the time of importation; or classified in subheadings of the HS which include dutiable tariff lines at the 
eight-digit level are  excluded from cumulation under this provision.  
14 Such cumulation with materials from GSP beneficiaries shall not apply to materials originating in 
countries whose exports of these materials are subject to anti -dumping or countervailing measures, materials 
classified in sub -headings of the HS which inclu de dutiable lines at the eight -digit level, tuna products under HS 
Chapters 3 and 16, covered by Articles 7 and 12 of Regulation (EU) No 978/2012 of the European Parliament 
and the Council of 25 October 2012, and materials covered by Articles 8, 22 and 29 of the same Regulation.  
15 Exclusions from cumulation under this provision include: materials imported into the EU that are 
subject to anti -dumping or countervailing measures; materials that are not duty free at the eight -digit level; 
tuna under HS Chapters  3 and 16 and other items subject to the EU's generalized tariff preference scheme 
(Paragraph 1.2 of Article 6 of Protocol 1). The EU shall notify annually to the SACU Secretariat and the Ministry 
of Industry and Trade of Mozambique the list of materials a nd countries to which the provision applies 
(paragraph 5 of Article 6 of Protocol 1).  WT/REG381/1/Rev.1  
 
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  ensure food security, Botswana, Lesotho , Namibia, Mozambique and Eswatini may introduce, after 
consultation with the EU, temporary customs duties or taxes on or in connection with exports of 
goods, on a limited number of additional products. According to the Parties no such list has been 
agreed . 
3.31.   Also in exceptional circumstances, where the SADC EPA States can justify industrial 
development needs, they may introduce temporary customs duties or taxes imposed on or in 
connection with the exportation of a limited number of products to the EU. Any SA DC EPA State 
wishing to impose such duties shall notify the EU of the duty and provide all the relevant information 
and motivations for imposing the duty and shall consult with the EU if the EU so requests. The 
temporary duties shall only be applied on a t otal number of eight products (at the HS6 level) or in 
the case of ores and concentrates at the HS4 level for each SADC EPA State at any given time and 
shall not be applied for a period exceeding 12 years in total. The period can be extended or reinstated 
for the same product in agreement with the EU.  The following conditions are applied: (i) For the first 
six years of this period  the SADC EPA State shall exempt from the application of the tax or duty, 
exports to the EU of an annual amount equal to the aver age volume of exports to the EU of the 
product over the three years preceding the date of introduction of the duty or tax.  From the seventh 
year of application of the duty or tax, until the date of expiry, the SADC EPA State shall exempt from 
the applicati on of the duty or tax, exports to the EU on an annual amount equal to 50% of the 
average volume of exports to the EU of the product over the three years preceding the date of 
introduction of the tax; and (ii) the export duties or taxes shall not exceed 10%  of the ad valorem  
export value of the product.  
3.32.   Article 26 also states that any more favourable treatment granted for customs duties or taxes 
by the SADC EPA States to exports of any product destined for a major trading economy, shall, from 
the entry into force of the Agreement, be accorded to like products destined for the territory of the 
EU.16 
3.33.   Provisions to prevent circumvention  through third parties of re-exports from the SADC EPA 
States to  which duties do not apply include an examination of the matter by the Trade and 
Development Committee which may decide that the importer of the product concerned into the EU 
make a declaration that the imported products will be processed in the EU and not re -exported to 
third countries. If despite such declarations be ing operational for at least 90 days, a SADC EPA State 
continues to have doubts as to whether such circumvention continues, the matter may be raised in 
the Trade and Development Committee and if no solution is found within 30 days, the SADC EPA 
State may i mpose effective measures to prevent such circumvention; such measures should be the 
least trade -restrictive and exclude operators who have been proven not to have been involved in 
the circumvention and may include the retroactive application of export duti es on the consignment 
exported from the EU to one or more third countries.  According to the Parties the Joint Council has 
not yet had the opportunity to review the provisions of Article 26.  
3.34.   Article 39 permits the use of quantitative restrictions by the Pa rties as long as they are applied 
in conformity with the WTO Agreement.  
3.4  Regulatory Provisions of the Agreement  
3.4.1   Standards  
3.35.   The Agreement contains provisions on technical barriers to trade (Chapter V) and sanitary 
and phytosanitary measures (Chapter VI).  
3.4.1.1   Sanitary and phytosanitary measures  
3.36.   Under Chapter VI, the Parties affirm their commitment to the rights and obligations provided 
under the WTO Agreement on  the Application of  Sanitary and Phytosanitary measures (WTO SPS 
Agreement), the International Plant Protection Convention (IPPC), the Codex Alimentarius 
 
16 Major trading economy is defined in Article 28(6) of the Agreement as "any developed country or any 
country accounting for a share of world merchandise exports above 1%  in the year before entry into force of 
the agreement (with any of the SADC EPA Parties), or any group of countries acting individually, collectively or 
through an economic integration agreement accounting collectively for a share of merchandise exports ab ove 
1.5% in the year before the entry into force of this agreement.  WT/REG381/1/Rev.1  
 
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  Commission and the World Organization for Animal Health (OIE).  SPS measures are those defined 
in the WTO SPS Agreement and the definitions used in the WTO SPS Agreement and the international 
standard set ting bodies  above shall apply to the Chapter.  
3.37.   The Agreement's objectives on SPS provisions include: facilitating trade and investment in 
the SADC EPA States and between the Parties while ensuring that the measures adopted apply only 
to the extent necessary  to protect human, animal or plant life or health in accordance with the 
provisions of the WTO SPS Agreement; cooperate to strengthen regional integration  and in regard 
to cooperation between SADC EPA States on matters concerning SPS measures and address 
problems arising from SPS measures on agreed priority products and sectors listed in Annex VI, 
whilst giving due consideration to regional integration; promote collaboration aiming at recognition 
of appropriate levels of protection in SPS measures; and esta blish and enhance SADC EPA States' 
technical capacity to implement and monitor SPS measures, including promoting greater use of 
international standards and other SPS matters.  
3.38.   Under Article 63 the Parties reaffirm the principle of transparency in the applic ation of SPS 
measures, in accordance with the WTO SPS Agreement. They recognize the importance of effective 
mechanisms for consultation, notification and exchange of information on SPS measures in 
accordance with the WTO Agreement. The importing Party shal l inform the exporting Party of any 
changes in its SPS import requirements that may affect trade falling under the scope of the SPS 
Chapter and the Parties commit to establish mechanisms to exchange such information where 
appropriate. The Parties also agre e to apply the principle of zoning or compartmentalisation when 
defining import conditions, taking into account international standards. Zones or compartments of 
defined SPS status may also be identified and proposed jointly by the Parties, on a case by ca se 
basis, wherever possible, in order to avoid disrupting trade.  
3.39.   The Parties agree to establish an early warning system, based on existing mechanisms where 
appropriate, to ensure that the SADC EPA States are informed in advance of new EU SPS measures 
that may affect SADC EPA exports to the EU. They also agree to collaborate in the further 
development of the epidemiological surveillance network on animal diseases and on plant health. 
They agree to exchange information on the occurrence of pests and diseases of known and 
immediate danger to the other Party (Article 64).  
3.40.   Specific cooperation, capacity building and technical assistance is identified in Article 67, 
under which the Parties agree to promote cooperation between their equivalent institutions; 
cooperate to facilitate regional harmonization of measures and the dev elopment of appropriate 
regulatory frameworks and policies within and between the SADC EPA States, thereby enhancing 
intra-regional trade and investment; and cooperate in a number of priority areas including building 
technical capacity in public and privat e sectors in SADC EPA States to enable SPS control, to maintain 
and expand market access opportunities  and to ensure that the measures adopted do not become 
unnecessary barriers to trade while recognizing the Parties' rights to set their own appropriate le vels 
of protection. The Parties will also cooperate to enhance technical capacity for implementing and 
monitoring SPS measures, including promoting greater use of international standards; to implement 
the WTO SPS Agreement, especially strengthening SADC EP A States notification procedures and 
enquiry points and other matters concerning relevant international standards setting bodies; 
capacity development for risk analysis, harmonization, compliance, testing, certification, residue 
monitoring, traceability an d accreditation; and support for the participation of the SADC EPA States 
in relevant international standards setting bodies.  
3.41.   The Chapter also provides for consultations if either Party considers that the other Party has 
taken measures which may affect or  have affected access to its market. The Parties shall exchange 
names and addresses of contact points with SPS expertise in order to facilitate communication and 
the exchange of information (Article 66). The Trade and Development Committee is charged with 
monitoring and reviewing implementation of the Chapter; advise and make recommendations to 
achieve the objectives of the Chapter through its implementation; provide a forum for discussion 
and exchange of information and cooperation; make recommendations fo r modifications to the 
Chapter as necessary and appropriate; review the list of priority products and sectors in Annex VI 
and the resulting priority areas for cooperation; enhance cooperation for the development, 
application and enforcement of SPS measures ; and discuss any other relevant matters (Article 65).  
The respective SPS authorities shall be the competent authorities in the Parties for the WT/REG381/1/Rev.1  
 
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  implementation of the measures referred to in Chapter VI. The Parties were to inform each other of 
their respect ive competent SPS authorities and any changes thereto.17  
3.4.1.2   Technical barriers to trade  
3.42.   Chapter V deals with technical barriers to trade. The Parties affirm their rights and obligations 
under the WTO Agreement on Technical Barriers to Trade (WTO TBT Agreemen t), which shall 
underlie the activities of the Parties under Chapter V  (Article 51) . The provisions of the Chapter apply 
to standards, technical regulations and conformity assessment procedures, as defined in the WTO 
TBT Agreement insofar as they affect th e trade covered by the Agreement. The definitions used by 
the WTO TBT Agreement shall apply to the Chapter  (Article 53) . 
3.43.   The Parties agree to cooperate to facilitate and increase trade in goods between them by 
identifying, preventing and eliminating unnece ssary barriers to trade within the terms of the WTO 
TBT Agreement; to strengthen regional and specifically the SADC EPA States' integration and 
cooperation of matters concerning TBT measures; and establish and enhance the SADC EPA States' 
technical capacit y on TBT matters (Article 52). They agree on the importance of collaboration 
between national and regional authorities on TBT matters, both in private and public sectors, to 
facilitate trade between the Parties and the overall process of regional integrati on (Article 54). They 
also reaffirm the principle of transparency in the application of, and recognize the importance of 
effective mechanisms for , consultation, notification and exchange of information on  technical 
regulations and standards in accordance w ith, the WTO TBT Agreement . They agree to establish an 
early warning mechanism to ensure that the SADC EPA States are informed in advance of new EU 
measures that might affect SADC EPA exports to the EU and shall make optimal use of existing 
mechanisms and avoid unnecessary duplications to multilateral or unilateral mechanisms  
(Article  55). 
3.44.   Article 56 identifies mechanisms that are to be implemented among those supported by the 
WTO TBT Agreement and that are the most appropriate for particular priority issue s or sectors. 
These mechanisms may include collaboration to increase mutual knowledge of respective systems 
of technical regulations, standards, metrology, accreditation and conformity assessment; 
information exchange to identify and implement appropriate mechanisms for particular issues or 
sectors; identifying and organizing sector -specific interventions on standards related procedures to 
facilitate understanding of and access to their respective markets; cooperation to support 
implementation of the rights  and obligations under the WTO TBT Agreement; developing common 
views and approaches on technical regulatory practices; promoting harmonization wherever possible 
and in areas of mutual interest towards the use of international standards; undertaking to con sider 
in due course, negotiating mutual recognition agreements in sectors of mutual interest; promoting 
collaboration between the Parties' organizations responsible for TBT related issues; and promoting 
the participation by SADC EPA States in international  standard setting bodies.  
3.45.   The Trade and Development  Committee shall  monitor and review implementation of the 
Chapter; provide coordination and consultation on TBT matters; identify and review priority sectors 
and products and the resulting priority areas for cooperation; make recommendations for 
modifications of the Chapt er if necessary and appropriate; and address any other issues agreed by 
the Parties in respect of the Chapter (Article 57).  
3.46.   Finally , the Parties recognize the importance of cooperating on technical regulations, 
standards, metrology, accreditation and confo rmity assessment in order to achieve the objectives of 
the Chapter. The Parties identify the following priority areas for cooperation: (a) establishing 
appropriate arrangements for sharing expertise, including appropriate training to ensure adequate 
and en during technical competence of the relevant standardization and conformity assessment 
bodies of the SADC EPA States and mutual understanding between these bodies in the territories of 
the Parties; (b) capacity development  in technical regulations, metrolog y, standards, accreditation 
and conformity assessment, including through upgrading or setting up la boratories and other 
equipment in the SADC EPA States; the Parties acknowledge the importance of strengthening 
 
17 The competent authorities are: Directorate General For Food Health Safety (Directorate for 
International and Stakeholder relations) for the EU; Director of Veterinary Services in the Ministry of 
Agriculture, the Agricultural Research Services Department a nd Ministry of Health and Social Welfare for 
Eswatini; Department of Agriculture, Forestry and Fisheries, and Department of Health for South Africa; and 
Department of Agriculture and Food Security for Lesotho.  WT/REG381/1/Rev.1  
 
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  regional cooperation and the need to take into  account priority products and sectors; (c) the 
development and adoption by the SADC EPA States of harmonized technical regulations, standards, 
metrology, accreditation and conformity assessment procedures based on relevant international 
standards; (d) sup port for participation by SADC EPA States in international standardization, 
accreditation and metrology activities; and (e) the development of TBT enquiry and notification 
points in the SADC EPA States (Article 58).  
3.4.2   Safeguard mechanisms  
3.47.   In addition to glob al and bilateral safeguard provisions, the Agreement contains provisions on 
agricultural safeguards, food security safeguards, B ELN (Botswana, Eswatini , Lesotho and Namibia) 
transitional safeguards, and infant industry safeguards.  
3.4.2.1   Global safeguards  
3.48.   Article  33 governs the use of global or multilateral safeguards by the Parties. Subject to its 
provisions, nothing in the Agreement shall prevent a Party from adopting measures in accordance 
with Article XIX of the GATT 1994, the WTO Agreement on Safeguards, Arti cle 5 of the WTO 
Agreement on Agriculture and any other relevant WTO Agreements  (paragraph 1) . These provisions 
shall not be subject to the dispute settlement provisions of the Agreement.  
3.49.   Nevertheless, in light of the overall development objectives of the Agreement and the size of 
the SADC EPA economi es, the EU commits to exclude imports from any SADC EPA State from any 
measure taken pursuant to Article XIX of the GATT 1994, the WTO Agreement on Safeguards and 
Article 5 of the WTO Agreement on Agriculture. These provisions shall apply for five years from the 
date of entry into force of the Agreement and shall be reviewed by the Joint Council not later than 
120 days before the end of this period, in light of the development needs of the SADC EPA States, 
with a view to determining their possible extension for a further period.  
3.4.2.2   Bilateral safeguards  
3.50.   Notwithstanding the provisions on global safeguards, and after having examined alternative 
solutions, a Party or SACU, may apply safeguard measures of limited duratio n which derogate from 
their tariff liberalization commitments in the Agreement under certain conditions and procedures. 
Bilateral safeguards may be taken under Article 34 if, as a result of the Party's obligations under the 
Agreement, including tariff conc essions, a product originating in one Party is being imported into the 
territory of the other Party or SACU, in such increased quantities and under such conditions as to 
cause or threaten to cause: (i) serious injury to the domestic industry producing like  or directly 
competitive products in the territory of the importing Party or SACU; (ii) disturbances in the sector 
of the economy producing like or directly competitive products, particularly where these disturbances 
product major social problems, or diffi culties which could result in serious deterioration in the 
economic situation of the importing Party or SACU; or (iii) disturbances in the markets of like or 
directly competitive agricultural products in the territory of the importing Party or SACU.  
3.51.   Any me asure taken under these provisions shall not exceed what is necessary to remedy or 
prevent serious injury or disturbances. They shall take the form of one or more of the following: 
suspension of the further reduction of the rate of import duty for the prod uct concerned, as provided 
for by the Agreement; increase in the customs duty on the product concerned up to a level which 
does not exceed the MFN applied rate at the time of taking the measure; or introduction of tariff 
quotas on the product.  
3.52.   Notwithstand ing these provisions, where any product originating in any SADC EPA State (or 
in the EU) is being imported in such increased quantities and under such conditions as to cause or 
threaten to cause one of the situations under (i) -(iii) above to a like or dire ctly competitive 
production sector of one or several of the EU's outermost regions (or any SADC EPA State or SACU), 
the EU (or the SADC EPA State or SACU) may take surveillance or safeguard measures limited to 
the region or regions concerned (or limited to  the territory of the  SADC EPA States or SACU) in 
accordance with the procedures described above.  
3.53.   Once imposed the safeguard measures shall only be maintained for the time necessary to 
prevent or remedy serious injury or disturbances as defined above. They  shall not be applied for a WT/REG381/1/Rev.1  
 
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  period exceeding two years. Where the circumstances warranting their imposition continue to exist, 
such measures may be extended for a further period of a maximum of two years. S afeguard 
measures by a SADC EPA State or SACU or b y the EU to the territory of one or more of its outermost 
region, may be applied for a period not exceeding four years, and can be extended, where the 
circumstances so warrant, for a further period of four years.  Safeguard measures taken for more 
than one year shall contain clear elements progressively leading to their elimination at the end of 
period and shall not be applied to the import of a product that has previously been subject to such 
a measure, within a period of at least one year from the expiry o f the measure.  
3.54.   Where a Party or SACU believes that it is facing serious injury as described above, it shall 
refer the matter immediately to the Trade and Development Committee for examination. The 
Committee may make any recommendation needed to remedy the situation. If no recommendation 
is made or no other satisfactory solution has been reached within 30 days of the matter being 
referred to the Committee, the importing Party may adopt the appropriate measures to remedy the 
situation. In the selection of saf eguard measures, priority must be given to those which least disturb 
the operation of the Agreement.  If the MFN applied rate in effect the day immediately preceding the 
date of entry into force of the Agreement is lower than the MFN applied rate at the tim e of taking 
the measure, safeguard measures may exceed the MFN rate in effect the day immediately preceding 
the date of entry into force of the Agreement.18 
3.55.   Any safeguard measure taken under Article 34 shall be notified immediately to the Trade and 
Development Committee which shall hold periodic consultations particularly with a view to 
establishing a timetable for their abolition as soon as circumstances permit.  
3.56.   Provisional safeguard measures may be taken where delay would cause damage which would 
be difficult to repair for a maximum period of 180 days for the EU and 200 days for a SADC EPA 
State or SACU or for measures taken by the EU that are limited to the territory of one or more of its 
outermost regions. When taking the measure , the importing Pa rty or SACU shall inform the other 
Party and immediately refer the matter to the Trade and Development Committee for examination. 
The duration of the provisional measure shall be counted as part of the initial period and any 
extension provided by Article 3 4 above. In taking such provisional measures , the interest of all 
parties involved shall be taken into account.  
3.57.   Bilateral safeguard provisions under the Agreement are not subject to the WTO's Dispute 
Settlement provisions.  
3.4.2.3   Agricultural safeguards  
3.58.   Agricultural safeguard measures in the form of an import duty are permitted  for a 12 -year 
transition period from the date of entry into force of the Agreement. They may be taken  if during 
any given 12 -month period, the volume of imports into SAC U of an agricultural product listed in 
Annex IV of the Agreement and originating in the EU, exceeds the reference quantity for the product 
indicated in the Annex  (edible offals, processed cereals, meat preparations, UHT or long life milk, 
preserved cucumbe rs and olives, and chocolate) (see Table A2.1) . The safeguard duty shall not 
exceed 25% of the current WTO bound tariff or 25 percentage points, whichever is higher and shall 
not exceed the prevailing MFN applied rate for the product concerned.  The measure  may be 
maintained for the remainder of the calendar year or five months, whichever is longer.  It shall not 
be maintained or applied for the same good at the same time as a general bilateral safeguard 
measure in accordance with Article 34; a measure under Article XIX of the GATT 1994 and the WTO 
Agreement on Safeguards; or a special safeguard measure under Article 5 of the WTO Agreement 
on Agriculture.  
3.59.   With regard to procedures, SACU shall notify the EU in writing within 10 days after applying 
such a measur e and shall provide relevant data concerning the measure. On request SACU shall 
consult the EU on the application of the measure and shall notify the Trade and Development 
Committee within 30 day s of imposition of the measure. The implementation and operat ion of Article 
35 may be the subject of discussion and review in the Trade Development Committee which may, 
 
18 In such a case, SACU or the Party, shall sup ply information to the Trade and Development 
Committee, indicating that an increase in the duty up to the MFN applied rate at the time of entry into force of 
the Agreement is not sufficient and that a measure exceeding this duty is necessary to remedy or p revent the 
serious injury or disturbances.  WT/REG381/1/Rev.1  
 
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  on the request of either Party, review the reference quantities and agricultural products provided for 
in Article 35.  
3.4.2.4   Food Security safeguards  
3.60.   In Article 36 the Parties acknowledge that the removal of barriers to trade envisaged by the 
Agreement may pose significant challenges to agricultural and food sector producers in the SADC 
EPA States and agree to consult with each other. Notwithstanding the pro visions on bilateral 
safeguards in Article 34, the SADC EPA States may adopt safeguard measures if this is essential for 
the prevention or relief of critical general or local shortages of foodstuffs or other products to ensure 
food security of a SADC EPA S tate and where this situation gives rise or is likely to give rise to major 
difficulties for it.19 The measure is to be reviewed at least annually and shall be removed as soon as 
the circumstances leading to its adoption cease to exist. The Parties indicat e that no such measures 
have been taken.  
3.4.2.5   BELN Safeguards  
3.61.   Transitional safeguards may be taken by the B ELN States (Botswana, Eswatin i, Lesotho  and 
Namibia) for a period of 12 years from the entry into force of the Agreement. The Parties 
acknowledge the sensitivity of the liberalized products listed in Annex V of the Agreement (the 
products concerned include frozen poultry; milk and cream; honey; som e vegetables; cereal flours; 
chocolate; uncooked pasta; and some textiles products reproduced in Annex Table 2.2).  
Notwithstanding the provisions in Article 34 on bilateral safeguards, i n the event that one of these 
products originating in the EU is being imported into the territory of a B ELN State in such increased 
quantities as to cause or threaten to cause it seriou s injury, it may  apply a transitional safeguard 
measure under the provisions of Article 37. The measure shall take the form of a duty up to a level 
that does not exceed the MFN applied rate at the time of taking t he measure or introduce a duty -
free tariff rate quota, provided that the level of the out of quota duty does not exceed the MFN 
applied rate at the time the measure is taken.  
3.62.   The B ELN States shall notify the EU in writing 30 days before applying the measure, and 
provide all relevant information concerning the measure within 60 days of notification to the EU. 
Without prejudice to the transitional safeguard, the B ELN State concerned and th e EU shall, upon 
request of either Party, enter into consultations on the measure. Any safeguards taken under 
Article  37 shall be applied for a period not exceeding four years unless circumstances warrant their 
continuation, in which case they can be exten ded for a further period of not more than four years.  
3.4.2.6   Infant industry safeguards  
3.63.   Notwithstanding the provisions on the use of bilateral safeguards, Botswana, Eswatini, 
Lesotho, Namibi a and  Mozambique may temporarily suspend further reductions in the rates of 
customs duties up to a level which does not exceed the applied MFN duty, where a product originating 
in the EU, as a result of the reduction of duties, is being imported into its territory in such increased 
quantities and under such conditions as to thr eaten the establishment of an infant industry, or cause 
or threaten to cause disturbances to an infant industry producing like or directly competitive products  
(Article 38) . Safeguard measures under these provisions by a SADC EPA State which is also a SACU  
Member State shall be in the form of additional duties exclusively by the SADC EPA States invoking 
the provision.  The measures taken under Article 38 may be applied up to eight years, and may be 
further extended by a decision of the Joint Council.  
3.64.   The pro cedures to be followed require the SADC EPA State taking the view that the 
circumstances above apply, to immediately refer the matter to the Trade and Development 
Committee for examination, along with all relevant information required for a thorough examin ation 
of the situation. The Trade and Development Committee may make any recommendation with a 
view to seeking an acceptable solution needed to remedy the circumstances which have arisen. If it 
makes no recommendations or no other satisfactory solution is reached within 30 days of the 
measure being referred to the Committee, the SADC EPA State may adopt measures in accordance 
with Article 38. Priority must be given to measures which least disturb  the operation of the 
 
19 The procedures to be followed are described in Section 3.4.2.2 above.  WT/REG381/1/Rev.1  
 
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  Agreement and any measure taken under th is provision must be notified immediately to the Trade 
and Development Committee and shall be the subject of periodic consultations in the Committee.  
3.65.   In critical circumstances where delay would cause damage which would be difficult to repair, 
the SADC EPA State concerned may take measures on a provisional basis without complying with 
the procedures outlined above. Provisional measures may be taken for a maximum of 200 days and 
shall be counted as part of the overall period of eight years. In taking such pro visional measures, 
the interests of all parties involved shall be taken into account. The importing SADC EPA State 
concerned shall inform the EU and immediately refer the matter to the Trade and Development 
Committee for examination of the provisional meas ure. Finally, SACU Member States shall have the 
right to recourse to Article 26 of the SACU Agreement.  
3.4.2.7   Balance of payment safeguards  
3.66.   Where one or more Member States of the EU or a SADC EPA State is in serious balance of 
payments or external financial diff iculties, or under threat thereof, it may take restrictive measures 
in accordance with the WTO Agreement and the Articles of Agreement of the IMF. The measures 
shall be of limited duration and may not go beyond that necessary to remedy the balance of 
payme nts situation. The Party taking such a measure shall inform the other Party immediately and 
submit to it as soon as possible, a timetable for eliminating the measure  (Article 71) . 
3.4.2.8   Other safeguards  
3.67.   The Agreement permits the Parties to take safeguard measure s with respect to payments and 
capital movements if in exceptional circumstances, payments and capital movements between the 
Parties cause or threaten to cause serious difficulties for the operation of monetary or exchange rate 
policy in one or more SADC E PA States or one or more Member States of the EU. The measures 
should be such that they are strictly necessary and for a period not exceeding six months. The Joint 
Council shall be informed of the adoption of any safeguard measure immediately, and a time 
schedule for its removal as soon as possible (Article 70).  
3.4.3   Anti-dumping and countervailing measures  
3.68.   Chapter II covers trade defence instruments including anti -dumping and countervailing 
measures (Article 32) and Safeguards (Articles 33 -38). 
3.69.   Under Article 32 the Parties maintain that their rights and obligations in respect of the 
application of anti -dumping or countervailing measures shall be governed by the relevant WTO 
Agreements. Article 32 shall not be subject to the dispute settlement pro visions in the Agreement.  
3.4.4   Subsidies and State -aid 
3.70.   Under Chapter VII (Cooperation on agriculture), the use of export subsidies on agricultural 
trade between the Parties is not permitted as of the entry into force of the Agreement.  There are no 
other specifi c provisions on subsidies or State aid in the Agreement.  
3.4.5   Customs -related procedures  
3.71.   The objectives of Chapter IV on customs and trade facilitation are to reinforce cooperation in 
this area with a view to ensuring that the relevant legislation and procedures, as well as the capacity 
of the customs authorities, fulfil the objectives of the effective control and promotion of trade 
facilitation; promote harmonization of customs legislation and procedures; ensure that legitimate 
public policy objectives  (including those related to security and the prevention of fraud in this area) 
shall not be compromised in any way; and provide the necessary support for the SADC EPA States' 
customs administrations to effectively implement the Agreement  (Article 41) .  
3.72.   To ensure compliance with the Chapter and to respond to these objectives, the Parties shall 
(i) exchange information on customs legislation and procedures; (ii) develop joint initiatives on 
customs and trade facilitation and the strengthening of administrati ve capacity; (iii) exchange 
experience and best practices on combating corruption and fraud in matters relating to the Chapter; 
(iv) exchange experience and best practices on issues relating to import, export and transit WT/REG381/1/Rev.1  
 
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  procedures and improving service to  the business community; (v) exchange experience and best 
practice on facilitation transit; (vi) facilitate the exchange of experts between customs 
administrations; and (vii) promote coordination between all related agencies, internally and across 
borders.  They agree to enhance cooperation to implement the World Customs Organization (WCO) 
Framework of Standards to Secure and Facilitate Global Trade, 2005. Such cooperation shall include 
initiatives to enable mutual recognition of the authorized economic oper ator status and exchange of 
information in advance to allow effective risk assessment and management for security purposes . 
They also agree to provide each other with mutual administrative assistance in customs matters in 
accordance with the provisions of Protocol 2  (Article 42).  
3.73.   Special provisions on administrative cooperation are provided under Article 30. The Parties 
underline their commitment to combat irregularities and fraud in customs related matters and agree 
to cooperate to ensure that the necessar y institutional structures enable the responsible authorities 
to effectively respond to requests for assistance in a timely manner. Article 30 also allows for the 
temporary suspension of preferential treatment where there is a finding of a failure to provi de 
administrative cooperation and/or irregularities or fraud.20 
3.74.   Article 43 details the requirements of trade and customs legislation and procedures which 
shall, to the extent possible, be based on , inter alia , international instruments related to customs 
and trade21; the need to protect and facilitate trade and avoid unnecessary and discriminatory 
burdens on economic operators  and to provide further facilitation for operators that meet high levels 
of compliance; the need for each Party to apply a single adm inistrative document or electronic 
equivalent; application of modern customs techniques; transparency, efficiency and proportionality 
to reduce costs and increase predictability for economic operators; non -discrimination in terms of 
requirements and proced ures for import, export and goods in transit subject to objective risk 
assessment needs; and adoption of systems that facilitate the import of goods through simplified 
customs procedures, including pre -arrival clearance.  
3.75.   The Parties agree that to improve w orking methods and to ensure transparency and efficiency 
of customs operations, they shall ensure that the highest standards of integrity be maintained 
through the application of anti -corruption measures in the field; take further steps towards the 
reducti on, simplification and standardization of data in documentation required by customs and other 
related agencies; simplify requirements and formalities wherever possible, for the rapid release and 
clearance of goods; provide effective, prompt and non -discrim inatory procedures enabling the right 
of appeal, against administrative actions by customs and other agencies, and rulings and decisions 
affecting import, export or goods in transit which shall be easily accessible, including to small and 
medium sized ente rprises; and create an environment for the effective enforcement of legislative 
requirements  (Article 43) . 
3.76.   The Parties agree to ensure freedom of transit through their territories via the most 
convenient route, subject to non -discriminatory, proportionate and uniformly applied controls or 
requirements. Such treatment shall be no less favourable than that accorded to domestic goods, 
exports and imports and their movement. Other provisions on transit include the operation of bonded 
transport regimes that allo w the transit of goods without payment of duties or other charges subject 
to the payment of an appropriate guarantee; the promotion and implementation of regional transit 
arrangements; the use of international standards and instruments relevant to transit;  and 
coordination between all concerned agencies both internally and across borders (Article 44).  
3.77.   All customs legislation, procedures and fees and charges are to be made publicly available 
and as far as possible through electronic means. The Parties will consult, as far as possible, timely 
and regularly with trade representatives on legislative proposals and procedures related to customs 
and customs related issues; and introduce, where appropriate, new or amended legislation and 
procedures and their entry into force so as to allow traders to become prepared for complying with 
them. Relevant administrative notices are also to be made publicly available. Cooperation between 
 
20 The suspension shall not exceed six months and shall be limited to that necessary to protect the 
financial interests of the Party concerned , following examination of the matter by the Trade and Development 
Committee (paragraph 7 of Article 30).  
21 Specifically, the Kyoto Convention on the Simplification and Harmonization of Customs Procedures, 
1999, the substantive elements of the WCO Framewor k of Standards to Secure and Facilitate Global Trade, the 
International Convention on the Harmonized System and other international instruments and standards as 
applicable.  WT/REG381/1/Rev.1  
 
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  operators and relevant administrations is to be fostered through the use of instrument s such as 
memoranda of understanding  (Article 45) . 
3.78.   Other provisions relate to customs valuation under which the Parties agree that the 
Agreement on Implementation of Article VII of the GATT 1994 shall govern customs valuation under 
the Agreement; the promotion of harmonization of customs standards at the regional level; and 
support to the SADC EPA States' customs administration s (Article 48). The SADC EPA States shall 
benefit from a transition period of eight years to meet the requirements under Articl es 27 (fees and 
charges), 43 (customs legislation and procedures), 44 (facilitation of transit movements), and 45 
(relations with business community), where the need for capacity building exists at the time of entry 
into force of the Agreement  (Article 49) . 
3.79.   A Special Committee on Customs and Trade Facilitation is created under Article 50 which shall, 
inter alia , monitor implementation and administration of the Chapter and Protocol I  (which deals 
with rules of origin) ; provide a forum to consult and discuss issues relating to customs, procedures, 
rules of origin, valuation etc.; enhance cooperation on the development, application and 
enforcement of rules of origin and related customs procedures as well as capacity building and 
technical assistance; follow up on the implementation of the harmonization of customs standards at 
the regional level; and any other issues agreed by the Parties on the Chapter.  The Committee shall 
report to the Trade and Development Committee.  
3.4.6   Other regulations  
3.5  Sector -Specific Provision s of the Agreement  
3.80.   Under Chapter VII, the Parties underline the importance of the agricultural sector to the SADC 
EPA States for food security, generating rural employment, increasing incomes of farming 
households, creating an inclusive rural economy and a s a basis for wider industrialization and 
sustainable development, and to contribute to the objectives of the Agreement. As of the entry into 
force of the Agreement export subsidies on agricultural goods in trade between the Parties is not 
permitted. The P arties establish an agricultural partnership to facilitate an exchange of views on 
agriculture, including food security, development, regional value chains and integration. They shall 
determine the issues to be covered and operational rules by common agree ment within the Trade 
and Development Committee.  
3.6  Trade in services and investment  
3.81.   The Parties recognize the growing importance of trade in services and investment for the 
development of their economies and reaffirm their commitments regarding services unde r 
Articles  41-43 of the Cotonou Agreement and their respective rights and obligations under the GATS. 
They may extend the scope of the Agreement by negotiating trade in services. Such negotiations 
have already been started by Botswana, Lesotho, Mozambique and Eswatini (participating SADC EPA 
States) on the one hand and the EU on the other, and will continue. They shall be guided by the 
following principles: to cover definitions and principles for the liberalization of trade in services; to 
cover lists of co mmitments setting out the conditions application to the liberalization of trade in 
services per sector liberalized and as necessary, limitations on market access and national treatment 
as well as transition periods for liberalization ; to address regulatory  provisions supporting the 
liberalization of trade in services which shall meet the requirements of Article V of the GATS; 
liberalization of trade shall be reciprocal and asymmetric, taking into account the development needs 
of the participating SADC EPA S tates and may also result in the inclusion of provisions on cooperation 
and special and differential treatment; and negotiations shall build on the relevant provisions in 
existing applicable legal frameworks.  
3.82.   The Parties agree to cooperate to strengthen th eir regulatory frameworks and to support 
implementation of commitments from negotiations in accordance with their cooperation to develop 
trade in services . They recognize that trade capacity building can support the development of 
economic activities.  
3.83.   Parties that are not party to such an agreement on trade in services may negotiate their terms 
of entry to the agreement.  WT/REG381/1/Rev.1  
 
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  3.84.   If any negotiated agreement on trade in services results in outcomes that prove to be 
incompatible with the future development of a SADC r egional services framework, the Parties shall 
negotiate to bring the Agreement in line with the regional framework while ensuring a balance of 
benefits.  
3.85.   The Parties agree to cooperate in investment in accordance with their cooperation priorities, 
and may i n future consider negotiating an agreement on investment in economic sectors other than 
services. If a Party that is not a party to such an agreement on investment wishes to join, it may 
negotiate its terms of entry to the agreement. As for services, howev er, if any such agreement were 
to result in outcomes that prove to be incompatible with the future development of a SADC regional 
investment framework, the Parties shall jointly endeavour to bring the Agreement in line with the 
regional framework while ens uring a balance of benefits  (Article 74) . 
4  GENERAL PROVISIONS OF THE AGREEMENT  
4.1  Transparency  
4.1.  In addition to the transparency provisions found in various Chapters of the Agreement, 
Article  106 on transparency requires that the Parties shall publish or make av ailable their laws, 
regulations, procedures and administrative rulings of general application and any other 
commitments under an international agreement on any trade matter covered by the Agreement . 
The Parties shall also inform each other of any measures adopted after the entry into force of the 
Agreement. Such measures shall be considered to have been brought to the other Party's attention 
if made available by appropriate notification to the WTO; on the official, fee -free and publicly 
accessible website; or to the coordinator of the other Party. In addition, if the SADC EPA States have 
difficult accessing such information notified through these channels by the EU, they may request the 
EU to provide such information to the relevant coordinator.  
4.2.  Nothing in t he Agreement shall require the Parties to provide confidential information, the 
disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, 
or which would prejudice the legitimate commercial interests  of particular pu blic or private 
enterprises, except to the extent that it may be necessary to be disclosed in the context of a dispute 
settlement proceeding under the Agreement. Where such disclosure is considered necessary by the 
panel established under the dispute settl ement provisions of the Agreement, the panel shall ensure 
that confidentiality is fully protected.  
4.3.  Other provisions related to transparency include Article 105 which requires the Parties to 
designate a coordinator for the exchange of information upon the e ntry into force of the Agreement. 
The designation of a coordinator is without prejudice to the specific designation of competent 
authorities under specific provisions in the Agreement.  At the request of either Party, the coordinator 
of the other Party shal l indicate the office or official responsible for any matter pertaining to the 
implementation of the Agreement and provide the required support to facilitate communication with 
the requesting Party.  In addition, at the request of either Party, the other Party shall, to the extent 
legally possible, provide information and reply promptly to any question relating to an actual or 
proposed measure that may affect trade between the Parties . 
4.2  Current payments and capital movements  
4.4.  Under Article 69, the Parties undertake to not impose restrictions on and to allow all payments 
for current transactions between their residents in freely convertible currency. This is subject to 
provisions of Articles 70 (sa feguards in case of difficulties for the operation of monetary or exchange 
rate policy) and 71 (balance of payments difficulties). The Parties may take necessary measures to 
ensure that this provision is not used for transfers that are not compliant with a  Party's laws and 
regulations.  
4.3  Exceptions  
4.5.  Part IV of the Agreement deals with exceptions. Under Article 97, the Agreement provides for 
general exceptions which are the same as in GATT Article XX and under Article 98 for security 
exceptions which are the sa me as in GATT Article XXI.  WT/REG381/1/Rev.1  
 
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  4.6.  In addition, Article 99 states that nothing under the Agreement or any arrangement adopted 
under it, shall be construed to prevent either Party from distinguishing, in the application of the 
relevant provision of their fiscal le gislation, between taxpayers who are not in the same situation, in 
particular with regard to their place of residence or the place where their capital is invested.  
Furthermore, nothing in the Agreement or any arrangement adopted by it, shall be construed t o 
prevent the adoption or enforcement of any measure aimed at preventing the avoidance or evasion 
of taxes pursuant to the tax provisions of agreements to avoid double taxation or other tax 
arrangements or domestic fiscal legislation.  Nothing in the Agreem ent shall affect the rights and 
obligations of either Party under any tax convention. In the event of any inconsistency between the 
Agreement and any such convention, the convention shall prevail to the extent of the inconsistency.  
4.4  Accession and Withdrawal  
4.7.  A third State or organization having competence for the matters covered by the Agreement 
may request accession to the Agreement. Following agreement by the Joint Council to consider such 
a request, the Parties and the State or organization requesting acce ssion shall conduct negotiations 
on the terms of the accession. The Protocol of Accession shall be adopted by the Joint Council and 
submitted for ratification, acceptance or approval in accordance with the Parties' respective 
constitutional or internal leg al requirements.  The Parties shall review the effects of such accession 
on the Agreement and the Joint Council may decide on any transitional or amending measures as 
necessary. Nevertheless, they agree that in the case of a request from Angola to the Joint  Council 
to accede to the Agreement, negotiations concerning the terms of accession should be conducted on 
the basis of the Agreement, taking into account the specific situation of Angola (Article 119).  
4.8.  In the case of applications by third parties to acced e to the EU, during the negotiations, the EU 
shall provide the SADC EPA States with any relevant information. The SADC EPA States shall convey 
their concerns to the EU so the EU can take them fully into account. The SADC EPA States shall be 
notified by the  EU of any accession to the EU. Any new Member State of the EU shall accede to the 
Agreement from the dat e of its accession to the EU through a clause in the act of accession. If there 
is no automatic accession clause in the act of accession to the EU, the  EU Member State concerned 
shall accede to the Agreement by depositing an act of accession with the General Secretariat of the 
Council of the EU, which shall send certified copies to the SADC EPA States. The Parties shall review 
the effects of the accessio n of the new EU Member States on the Agreement and the Joint Council 
may decide on any transitional or amending measures as needed (Article 118).  
4.9.  The Agreement shall be valid indefinitely. Either Party may give written notice of its intention 
to denounce t he Agreement, which shall take effect six months after such a notification  (Article  114). 
4.5  Institutional framework  
4.10.   A Joint SADC EPA States -EU Council (hereafter the Joint Council) is established to oversee 
and administer implementation of the Agreement (Art icle 100). It is composed of the relevant 
members of the Council of the EU and European Commission, and the relevant Ministers of the SADC 
EPA States or their representatives. Its functions include responsibility for the operation and 
implementation of the  Agreement; examining any major issues of common interest and tha t affect 
bilateral trade; examining proposals and recommendations from the Parties for the review of the 
Agreement and making appropriate recommendations; monitoring economic and trade relati ons 
between the Parties; and monitoring and assessing the impact of the cooperation provisions of the 
Agreement on sustainable development and progress on all matters covered by the Agreement. The 
Joint Council also monitors the work of the Trade and Devel opment Committee and performs any 
other duties under the Agreement (Article 101). It shall have the power to take decisions in respect 
of all matters covered by the Agreement (Article 102).  Its decisions shall be taken by consensus and 
shall be binding on all Parties. For procedural matters and dispute settlement procedures the Joint 
Council shall adopt decisions and recommendations by mutual agreement between the Parties.  It 
shall meet at regular intervals not to exceed two years and extraordinarily whenev er circumstances 
so require, in agreement by the Parties.  The first meeting of the Joint Council took place on 19 
February 2019 in Cape Town.  
4.11.   The Trade and Development Committee (the Committee) is established under Article 103 to 
assist the Joint Council i n the performance of its duties  and shall report and be responsible to the 
Joint Council . It is composed of se nior officials from the Parties and after the first meeting which is WT/REG381/1/Rev.1  
 
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  to be co -chaired by the Parties, it shall be chaired alternately by a represe ntative of each of the 
Parties for a period of one year.  The Committee may establish any special technical groups to deal 
with specific matters falling within their competence.  Its functions relate to both trade and 
development cooperation as specified in Article 103:7.  
4.12.   The Parties indicate that the  Committee has met five times since the entry into provisional 
application of the Agreement and has not established any special technical groups. However, there 
are special committees on customs and trade facilitation and on GIs and trade in wines and spirits 
that have met  twice, and the Agricultural Partnership which has met once . 
4.6  Dispute settlement  
4.13.   Part III of the Agreement deals with dispute avoidance and settlement between the Parties 
concerning i ts interpretation and application, with a view to arrive at, where possible, a mutually 
agreed solution. Disputes involving collective action by SACU will be dealt with by SACU and the EU 
shall act against SACU as a whole. For disputes involving individual  actions by a SADC EPA State, 
that State shall act individually and the EU shall act only against the specific State that it considers 
has infringed the relevant provisions of the Agreement (Article 75). While the dispute settlement 
provisions apply to the  interpretation and application of the Agreement, the procedure set out in 
Article 98 of the Cotonou Agreement shall be applicable in the event of a dispute concerning the 
financing of development cooperation between the Parties (Article 76).  
4.14.   The Parties s hall endeavour to resolve any dispute through consultations in good faith, with 
the aim of reaching an amicable solution. A request for consultations shall be made in writing to the 
other Party, copied to the Trade and Development Committee, identifying th e measure at issue and 
provisions of the Agreement which it considers the measures violate.  Consultations shall be held 
within 40 days of receipt of the request, and shall be deemed to be concluded within 60 days of 
receipt of the request unless both Parti es agree to continue consultations.  In urgent situations, 
including those relating to perishable or seasonal goods, these deadlines will be 15 and 30 days, 
respectively from date of receipt of the request. The Party may request an arbitration panel if 
consultations are not held in these timeframes, or if they have been concluded without a mutually 
agreed solution being reached.  In the latter case, the Parties may, by agreement, seek recourse to 
a mediator  (Article 77) . The mediator will convene a meeting wi th the Parties no later than 30 days 
after being selected, receive their submissions no later than 15 days before the meeting and notify 
an opinion no later than 45 days after having been selected.  The mediators ' opinion, which is non -
binding, may include a recommendation on how to resolve the dispute, consistent with the provisions 
of the Agreement  (Article 78) . 
4.15.   If any of these means do not lead to resolution of the dispute, the complaining Party may 
request the establ ishment of an arbitration panel in wri ting to the Party complained against and the 
Trade and Development Committee.  The complaining Party shall identify the specific measures at 
issue and explain how the measures constitute a breach of the provisions of the Agreement 
(Article  79). The arbitrat ion panel  shall be composed of three arbitrators, with two selected by each 
Party, who in turn select the third arbitrator  (Article 80) .22 While recourse to dispute settlement 
under the Agreement is without prejudice to the Parties actions in the WTO frame work, arbitration 
bodies set up under the Agreement shall not arbitrate disputes on a Party's rights and obligations 
under the WTO Agreement. Furthermore, once a Party has initiated a dispute settlement proceeding 
under the Agreement or the WTO Agreement, with respect to a particular measure, it may not initiate 
a dispute settlement proceeding on the same measure in the other forum until the first proceeding 
has ended (Article 95).  
4.16.   The panel shall notify an interim report containing its findings and conclus ions, as a general 
rule not later than 120 days (60 days in urgent cases) from the date of its establishment.23 Any 
Party may submit written comments to the panel on precise aspects of the interim report within 
15 days of the notification of the report (Article 81).  The ruling by the panel shall be notified to the 
 
22 Delays in selection shall be referred to the Chairperson of the Trade and Develop ment Committee, 
who shall select all three members by lot from the list established under Article 94, one each from individuals 
proposed by the complaining Party and the Party complained against and the third among the individuals 
proposed to be the Chair by the Parties.  
23 Under Article 93 the arbitration panel shall make every effort to reach all decisions by consensus. 
Where this is not possible the matter shall be decided by majority vote.  WT/REG381/1/Rev.1  
 
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  Parties and the Trade and Development Committee wit hin 150 days from the date of its 
establishment  and 90 days for urgent cases .24 If the deadline cannot be met, the Chairperson of the 
panel must notify the Parties and the Trade and Development Committee in writing, stating the 
reasons for the delay and th e date on which the panel plans to conclude its work. The ruling cannot 
be notified later than 180 days from the date of establishment of the panel under no circumstances.  
Either Party may request the panel to recommend how the Party complained against cou ld bring 
itself into compliance  (Article 82) . The Party complained against shall take any steps necessary to 
comply with the panel ruling within the time -period agreed by the Parties.  The reasonable period of 
time required to bring its measures into compli ance with the ruling shall be notified by the Party 
complained against to the complaining Party and the Trade and Development Committee no later 
than 30 days after receipt of notification of the ruling. Upon notification the Parties shall attempt to 
agree on such a reasonable period of time. If there is no agreement, the complaining Party shall 
within 30 days of notification of the reasonable period of time, request in writing the original panel 
to determine the length of the reasonable period of time.  The panel must make a ruling within 
45 days of the receipt of the request for arbitration.25 The reasonable period of time may be extended 
as agreed by the Parties  (Article 84) . 
4.17.   Compliance with the arbitral ruling must be notified before the end of the agreed reasonable 
period of time by the Party complained against to the complaining Party and the Trade and 
Development Committee. If there is disagreement between the Parties on the compatibility of any 
measure notified as above with the provisions of the Agreem ent, the complaining Party may request 
in writing the original arbitration panel to rule on the matter. The panel shall notify its ruling within 
90 days of the date of receipt of the request, or 45 days for urgent cases including those involving 
perishable  and seasonal goods.  The panel must notify its ruling within 105 days from the date of 
receipt of the request.  
4.18.   If the Party complained against does not comply with the ruling within the reasonable period 
of time, or if the panel rules that the measures tak en are not compatible with the provisions of the 
Agreement, the Party complained against shall, if so requested by the complaining Party, present 
an offer for compensation. Such an offer may include or consist of financial compensation although 
the Agreeme nt does not make this obligatory.  If no agreement on compensation is reached within 
30 days of the end of the reasonable period of time or of the review by the panel of any measure 
taken to comply with its ruling, that the measure taken was not compatible with the Agreement, the 
complaining Party shall be entitled, upon notification to the Party complained against, to adopt 
appropriate measures.  The complaining Party shall seek to select measures that are proportionate 
to the violation which least affect th e attainment of the objectives of the Agreement and shall take 
into consideration their impact on the economy of the Party complained against and on the individual 
SADC EPA States.  Furthermore, if the EU fails to notify any measure taken to comply with the  arbitral 
ruling by the expiry of the reasonable period of time, or if the panel rules that the measure taken to 
comply with the arbitral ruling is not compatible with its obligations under the Agreement, and the 
complaining Party asserts that the adoption  of appropriate measures would significantly damage its 
economy, the EU shall consider providing financial compensation. The EU for its part shall exercise 
due restraint in asking for compensation or adopting appropriate measures to compensate.  Such 
compen satory or appropriate measures shall be temporary and shall be applied only until any 
measure found to violate the provisions of the Agreement has been withdrawn or amended so as to 
bring it into conformity with those provisions or until the Parties have a greed to settle the dispute.26 
4.19.   Measures taken by the Party complained against following the arbitral ruling as well as a 
request to end the application of appropriate measures by the complaining Party shall be notified to 
the complaining Party and the Trade and Development Committee.  If the Parties do not agree on 
the compatibility of the notified measures with the provisions of the Agreement within 30 days of 
notification, the complaining Party shall request in writing the original arbitral panel to rule on the 
matter. The request shall be notified to the Party complained against and the Trade and Development 
 
24 The panel may give a preliminary ruling within 10 days on wheth er it deems the case to be urgent.  
25 Under Article 84, in making its ruling on the reasonable period of time, the panel shall take into 
consideration the length of time normally taken by the Party complained against to adopt comparable 
legislative or admin istrative measures to those identified by the Party as being necessary to ensure 
compliance. The panel shall also take into consideration capacity constraints, and the different level of 
development which may affect the adoption of the necessary measures b y the Party complained against.  
26 Appropriate measures referred to in Articles 86 and 87 are similar to those available under the 
Understanding on Rules and Procedures Governing the Settlement of Disputes contained in Annex 2 of the 
WTO Agreement.  WT/REG381/1/Rev.1  
 
- 36 - 
 
  Committee within 45 days of receipt of the request.  If the panel finds that any measure taken to 
comply is not in conformity with the provisions of the Agreement it shall determine whether the 
complaining Party may continue to apply appropriate measures. The  appropriate measures shall be 
terminated if the panel finds that the measures are in conformity with the provisions of the 
Agreement  (Article 87) . The Parties may, at any time, reach a mutually agreed solution to a dispute 
under the Agreement. If reached,  it shall be notified to the Trade and Development Committee and 
the arbitration Panel. The dispute shall be terminated once the mutually agreed solution is adopted 
(Article 88).  
4.7  Relationship with other agreements concluded by the Parties  
4.20.   The Parties agree  that nothing in the Agreement requires them to act in a manner that is 
inconsistent with their WTO obligations (Article 112). With regard to the Cotonou Agreement, except 
the development cooperation provisions in Title II of Part 3 of the Cotonou Agreemen t, in case of 
any inconsistency between Title II and the provisions of the Agreement, the latter shall prevail. The 
Agreement builds on the Cotonou Agreement, the TDCA and the previous ACP -EC agreements in 
regional cooperation and integration and economic and trade cooperation (Article  2). In particular, 
nothing  in the Agreement shall prevent the adoption of appropriate measures pursuant to the 
Cotonou Agreement by either Party (Article 110). The relationship between the Agreement and the 
TDCA between the EU and South Africa shall be governed by the provisions of  Protocol 4  (Article  111) 
which inter alia  repeals  Articles contained in Titles II (Trade and III (Trade -related issues) and its 
corresponding annexes and protocols with the exception of provisions on maritime transport 
(Article  31) which remains applicabl e between the EU.  In addition, in the event of any inconsistency 
between the TDCA and the Agreement, the Agreement prevails to the extent of the inconsistency.  
4.21.   Nothing in the Agreement shall oblige a Party to extent to the other Party any more favourable 
treatment applied by it as part of its respective regional integration process. Furthermore, any more 
favourable treatment and advantage that may be granted under the Agreement by a SADC EPA 
State to the EU shall be enjoyed by the other SADC EPA States (Art icle 108).  
4.22.   Taking into account the geographical proximity of the EU's outermost regions to the SADC 
EPA States, and to reinforce economic and social links between them, the Parties shall endeavour to 
facilitate cooperation in all areas covered by the Agre ement between the two. This objective shall 
be pursued wherever possible through fostering their joint participation in the framework and specific 
programmes of the EU in areas covered by the Agreement.  The EU shall endeavour to ensure 
coordination between  the financial instruments of its cohesion and development policies to foster 
cooperation between the SADC EPA States and its outermost regions in the areas covered by the 
Agreement  (Article 109) .27 It is however permitted to maintain tariffs for goods und er heading 1701 
destined for the French overseas departments from Botswana, Lesotho, Mozambique, Namibia and 
Eswatini  for a period of ten years, which can be extended for another ten years unless otherwise 
agreed (Annex I, Part III).  
4.23.   Table 4.1 below shows  all RTAs (notified and non -notified) in force for the Parties.  
Table 4.1 EU – SADC States: Participation in other RTAs (notified and non -notified in 
force), as of 11 June 2020  
RTA Name  Date of 
entry into 
force  Coverage  GATT/WTO Notification  
Year WTO Provision  
EUROPEAN UNION  
EU – Singapore  21-Nov-19 Goods & Services  2020 GATT Art. XXIV & GATS Art. V  
EU – Japan  01-Feb-19 Goods & Services  2019 GATT Art. XXIV & GATS Art. V  
EU – Armenia  01-Jun-18 Services  2019 GATS Art. V  
EU - Canada  21-Sept-17 Goods & Services  2017 GATT Art. XXIV & GATS Art. V  
EU - Colombia and Peru - Accession 
of Ecuador  01-Jan-17 Goods & Services  2017 GATT Art. XXIV & GATS Art. V  
EU – Ghana  15-Dec-16 Goods  2017 GATT Art. XXIV  
EU - Côte d'Ivoire  03-Sept-16 Goods  2008 GATT Art. XXIV  
EU - Georgia  01-Sep-14 Goods & Services  2014 GATT Art. XXIV & GATS Art. V  
 
27 Nothin g in the Agreement shall prevent the EU from applying existing measures aimed at addressing 
the structural social and economic situation of its outermost regions pursuant to Article 349 of the Treaty on 
the Functioning of the European Union.  WT/REG381/1/Rev.1  
 
- 37 - 
 
  RTA Name  Date of 
entry into 
force  Coverage  GATT/WTO Notification  
Year WTO Provision  
EU - Republic of Moldova  01-Sep-14 Goods & Services  2014 GATT Art. XXIV & GATS Art. V  
EU - Cameroon  04-Aug-14 Goods  2009 GATT Art. XXIV  
EU - Ukraine  23-Apr-14 Goods & Services  2014 GATT Art. XXIV & GATS Art. V  
EU - Central Americaa 01-Aug-13 Goods & Services  2013 GATT Art. XXIV & GATS Art. V  
EU - Colombia and Peru  01-Mar-13 Goods & Services  2013 GATT Art. XXIV & GATS Art. V  
EU - Eastern and Southern Africa 
States Interim EPA  14-May-12 Goods  2012 GATT Art. XXIV  
EU - Republic of Korea  01-Jul-11 Goods & Services  2011 GATT Art. XXIV & GATS Art. V  
EU - Serbia  01-Feb-10 
01-Sep-13 Goods  
Services  2010 
2013 GATT Art. XXIV  
GATS Art. V  
EU - Papua New Guinea / Fiji  20-Dec-09 Goods  2011 GATT Art. XXIV  
EU - CARIFORUM States EPA  29-Dec-08 Goods & Services  2008 GATT Art. XXIV & GATS Art. V  
EU - Bosnia and Herzegovina  01-Jul-08 
01-Jun-15 Goods  
Services  2008 
2016 GATT Art. XXIV  
GATS Art. V  
EU - Montenegro  01-Jan-08 
01-May-10 Goods  
Services  2008 
2010 GATT Art. XXIV  
GATS Art. V  
EU - Albania  01-Dec-06 
01-Apr-09 Goods  
Services  2007 
2009 GATT Art. XXIV  
GATS Art. V  
EU - Algeria  01-Sep-05 Goods  2006 GATT Art. XXIV  
EU - Egypt  01-Jun-04 Goods  2004 GATT Art. XXIV  
EU - Lebanon  01-Mar-03 Goods  2003 GATT Art. XXIV  
EU - Chile 01-Feb-03 
01-Mar-05 Goods  
Services  2004 
2005 GATT Art. XXIV  
GATS Art. V  
EU - Jordan  01-May-02 Goods  2002 GATT Art. XXIV  
EU - San Marino  01-Apr-02 Goods  2010 GATT Art. XXIV  
EU - North Macedonia  01-Jun-01 
01-Apr-04 Goods  
Services  2001 
2009 GATT Art. XXIV  
GATS Art. V  
EU - Mexico  01-Jul-00 
01-Oct-00 Goods  
Services  2000 
2002 GATT Art. XXIV  
GATS Art. V  
EU - Israel  01-Jun-00 Goods  2000 GATT Art. XXIV  
EU - Morocco  01-Mar-00 Goods  2000 GATT Art. XXIV  
EU - South Africa  01-Jan-00 Goods  2000 GATT Art. XXIV  
EU - Tunisia  01-Mar-98 Goods  1999 GATT Art. XXIV  
EU - Palestinian Authority  01-Jul-97 Goods  1997 GATT Art. XXIV  
EU - Faroe Islands  01-Jan-97 Goods  1997 GATT Art. XXIV  
EU - Turkey  01-Jan-96 Goods  1995 GATT Art. XXIV  
European Economic Area (EEA)  01-Jan-94 Services  1996 GATS Art. V  
EU - Andorra  01-Jul-91 Goods  1998 GATT Art. XXIV  
EU - Syria 01-Jul-77 Goods  1977 GATT Art. XXIV  
EU - Norway  01-Jul-73 Goods  1973 GATT Art. XXIV  
EU - Iceland  01-Apr-73 Goods  1972 GATT Art. XXIV  
EU - Switzerland - Liechtenstein  01-Jan-73 Goods  1972 GATT Art. XXIV  
EU - Overseas Countries and 
Territories (OCT)  01-Jan-71 Goods  1970 GATT Art. XXIV  
EU - Kosovob 01-Apr-16 Goods  Not notified  
SADC Member States - Collectively  
Southern African Development 
Community (SADC)c 01-Sept-00 Goods  2004 GATT Art. XXIV  
SADC - Accession of Seychelles  25-May-15 Goods  2016 GATT Art. XXIV  
SADC - Accession of Madagascar  not provided  Goods  Not notified  
Individual SADC States (Botswana, Eswatini, Lesotho, Mozambique, Namibia and South Africa)  
Common Market for Eastern and 
Southern Africa (COMESA)d 08-Dec-94 Goods  1995 Enabling Clause  
COMESA - Accession of Egypt  17-Feb-99 Goods  2017 Enabling Clause  
COMESA – Accession of Tunisia  18-Apr-18 Goods  Not notified  
COMESA - Accession of Libya  03-Jan-05 Goods  Not notified  
COMESA - Accession of Seychelles   not provided  Goods  Not notified  
COMESA - Accession of Djibouti  not provided  Goods  Not notified  
COMESA - Accession of 
Madagascar   not provided  Goods  Not notified  
COMESA – Accession of Somalia  not provided  Goods  Not notified  
COMESA – Withdrawal of Angola  not provided  Goods  Not notified  
COMESA - Withdrawal of Lesotho  Nov-97 Goods  Not notified  
COMESA - Withdrawal of Tanzania  not provided  Goods  Not notified  WT/REG381/1/Rev.1  
 
- 38 - 
 
  RTA Name  Date of 
entry into 
force  Coverage  GATT/WTO Notification  
Year WTO Provision  
Southern African Customs Union 
(SACU)e 15-Jul-04 Goods  2007 GATT Art. XXIV  
Southern Common Market 
(MERCOSUR) – SACUf 01-Apr-16 Goods  2017 Enabling Clause  
European Free Trade Association 
(EFTA) – SACUg 01-May-08 Goods  2008 GATT Art. XXIV  
European Union - South Africa  01-Jan-00 Goods  2000 GATT Art. XXIV  
Global System of Trade 
Preferences among Developing 
Countries (GSTP)h 19-Apr-89 Goods  1989 Enabling Clause  
Botswana - Malawi   not provided  Goods  Not notified  
Botswana - Zimbabwe   not provided  Goods  Not notified  
Namibia - Zimbabwe   not provided  Goods  Not notified  
a The notifications made in February 2013 (see WT/REG332/N/1 and S/C/N/680) stated that: 
"Provisional application of the Agreement by all signatory parties is expected in the course of the 
second quarter 2013"; Further notifications to confirm the dates of e ntry into force between the EU 
and Central American countries are awaited.  
b Reference to Kosovo in this table should be understood to be in the context of the United Nations 
Security Council resolution 1244 (1999).  
c The notification made in 2004 (WT/REG/ 176/N/1/Rev.1) indicated that the Parties to the SADC were 
as follows: Angola, Botswana, Lesotho, Malawi, Mauritius, Mozambique, Namibia, South Africa, 
Eswatini, Tanzania, Zambia and Zimbabwe. The Treaty of Accession of Seychelles was notified in 
2016 (WT/ REG368/N/1). The Treaty of Accession of Madagascar is yet to be notified.  
d  The notification made in 1995 (WT/COMTD/N/3) indicated that the Parties to the COMESA were as 
follows: Angola; Burundi; Comoros; Eritrea; Ethiopia; Kenya; Lesotho; Malawi; Mauriti us; Rwanda; 
Sudan; Eswatini; Tanzania; Uganda; Zambia; Zimbabwe. The Treaty of Accession of Egypt was 
notified in 2017 (WT/COMTD/N/51). The Treaties of Accessions of Djibouti, Libya, Madagascar, 
Seychelles, Somalia and Tunisia are yet to be notified. The w ithdrawals of Angola, Lesotho and 
Tanzania have not yet been notified.  
e  SACU Members are: Botswana, Eswatini, Lesotho, Namibia and South Africa.  
f  MERCOSUR Members are: Argentina, Brazil, Paraguay, Uruguay and Venezuela.  
g  EFTA Members are: Iceland, L iechtenstein, Norway and Switzerland.  
h SADC Members which are parties to the GSTP: Mozambique, Tanzania and Zimbabwe (notification 
made in 1989, WTO Document L/6564).  
Source:  WTO Secretariat. Further information on these Agreements and on specific dates o f entry into 
force/provisional applications may be found in the WTO Database on RTAs: http://rtais.wto.org . 
 
4.8  Government procurement  
4.24.   In Article 17, r ecognizing the importance of transparent public procurement to promote 
economic development and industrialization, the Parties  agree on the importance of cooperation to 
enhance mutual understanding of their respective procurement systems. They reaffirm their 
commitment to transparent and predictable public procurement systems  in accordance with national 
laws. They recognize the importance of continuing to publish or otherwise make available their laws, 
regulations and administrative rulings of general application and any modifications thereof, in an 
officially designated elect ronic or paper form that is widely disseminated and is readily accessible by 
the public. They also acknowledge the importance of responding to reasonable requests to provide 
information and clarification to each other on these matters.  
4.25.   Future negotiations on public procurement may take place and the SADC EPA States aim and 
will endeavour to negotiate collectively. The EU also agrees to include provisions on cooperation and 
special and differential treatment should such negotiations be launched.  If a Party, that is not a 
party to such a future agreement, wishes to join, it may negotiate its terms of entry to the 
agreement. Finally, Article 17 also states that if such negotiations result in outcomes that are 
incompatible with the future development of a SADC r egional public procurement framework, the 
Parties shall jointly endeavour to adjust the Agreement to bring it in line with the regional framework, 
while ensuring a balance of benefits.  
 WT/REG381/1/Rev.1  
 
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  4.9  Intellectual Property Rights  
4.26.   Under Article 16 of the Agreement the Parties reaffirm their commitments under Article 46 of 
the Cotonou Agreement and their rights and obligations and flexibilities under the WTO Agreement 
on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement). They agree to grant 
end ensure adequate, effective and non -discriminatory protection of IPRs and provide for measures 
to enforce such rights against infringements, in accordance with the provisions of the international 
agreements to which they are party.  
4.27.   The Parties may  cooperate on matters relating to Geographical Indications (GIs) in line with 
provisions on GIs in the TRIPS Agreement. They recognize the importance of GIs and origin linked 
products for sustainable agriculture and rural development. While the Parties rec ognize that it is 
important to respond to reasonable requests to provide information and clarifications to each other 
on GIs and other IPR related matters, they may, by mutual agreement, involve international and 
regional organizations with expertise on GI s. 
4.28.   The Parties consider traditional knowledge to be important and may cooperate on it in the 
future.  They may also consider entering into future negotiations on the protection of IPRs, with the 
SADC EPA States intending to negotiate collectively. The EU wi ll consider including provisions on 
cooperation and special and differential treatment should such negotiations be launched.  If a Party, 
that is not a party to such a future agreement, wishes to join, it may negotiate its terms of entry to 
the agreement. F inally, Article 16 also states that if such negotiations result in outcomes that are 
incompatible with the future development of a SADC regional IPR framework, the Parties shall jointly 
endeavour to adjust the Agreement to bring it in line with the regiona l framework, while ensuring a 
balance of benefits.  
4.10  Sustainable Development  
4.29.   Recalling their commitments under international agreements on environment and labour 
listed in Article 628, the Parties reaffirm their commitments to promote the development of 
international trade in such a way as to contribute to the objective of sustainable development in its 
three pillars (economic development, social development and environmental protection) for the 
welfare of present and future generations, and will strive to en sure that this objective is integrated 
and reflected at every level of their trade relationship  (Article 6) . 
4.30.   The provisions of Chapter II on trade and sustainable development are not subject to the 
dispute settlement provisions of the Agreeme nt except Arti cle 7 in which the Parties reaffirm that 
the objective of sustainable development is to be applied and integrated at every level of their 
economic partnership, in fulfilment of the general commitment of the Cotonou Agreement to 
reducing and eventually erad icating poverty in a manner consistent with sustainable development. 
In meeting this objective they commit to the Agreement fully taking into account the human, 
cultural, economic, social, health and environmental best interests of their respective populat ions 
and future generations and that decision making methods embrace the fundamental principles of 
ownership, participation and dialogue.  
4.31.   The Parties recognize the value of international environmental governance and agreements 
to respond to global or regio nal environmental problems as well as decent work for all as a key 
element of sustainable development for all countries and as a priority objective of international 
cooperation. They reaffirm their rights and commitment to implement their obligations in re spect of 
multilateral environmental agreements (MEAs) and the International Labour Organization (ILO) 
conventions they have ratified, as affirmed in Article 8 and in particular Articles 49 and 50 of the 
Cotonou Agreement.  While recognizing their rights to establish their own levels of domestic 
environmental and labour protection and to adopt or modify their relevant laws and policies 
consistently with internationally recognized standards and agreements to which they are party, they 
recognize that it is inap propriate to encourage trade or investment by weakening or reducing 
 
28 These are Ag enda 21 on Environment and Development of 1992, the ILO Declaration on Fundamental 
Principles and Rights at Work of 1998, the Johannesburg Plan of Implementation on Sustainable Development 
of 2002, the Ministerial Declaration of the UN Economic and Social Council on Full Employment and Decent 
Work of 2006, the ILO Declaration on Social Justice for a Fair Globalization of 2008 and the UN Conference on 
Sustainable Development of 2012 entitled "The Future we Want".  WT/REG381/1/Rev.1  
 
- 40 - 
 
  domestic levels of labour and environmental protection; they agree not to derogate from or 
persistently fail to enforce their environmental and labour laws to this end.  
4.32.   The Parties confirm their commitment to enhance the contribution of trade and investment to 
the economic, social and environmental dimensions of sustainable development and may request 
consultations with the other Party through the Trade and Development Co mmittee on any matter 
arising under the Chapter (Article 10). They recognize the importance of working together on trade 
related aspects of environmental and labour policies to achieve the objectives of the Agreement. 
They agree to exchange information and  share experience on their actions to promote coherence 
and mutual supportiveness between trade, social and environmental objectives and shall strengthen 
dialogue and cooperation on sustainable development issues that may arise in their trade relations. 
Such cooperation may include the trade aspects of labour or environmental policies in international 
fora, the impact of the Agreement on sustainable development, corporate social responsibility and 
accountability, trade aspects of mutual interest to promote the conservation and sustainable use of 
biological diversity, and trade aspects of sustainable forest management and fishing practices 
(Article 11).  
4.11  Competition  
4.33.   In Article 18 the Parties recognize that certain business practices, such as anti -competitive 
agreements or concerted practices and abuse of dominant position may restrict their bilateral trade 
and thereby undermine the objectives of the Agreement. They agree to cooperate on competition 
matters in accordance with Article 13(6) on cooperation priori ties. They may consider entering into 
future negotiations on competition and the SADC EPA States intend to negotiate collectively. The EU 
will consider including provisions on cooperation and special and differential treatment should such 
negotiations be l aunched. If a Party, that is not a party to such a future agreement, wishes to join, 
it may negotiate its terms of entry to the agreement. Finally, Article 18 also states that if such 
negotiations result in outcomes that are incompatible with the future de velopment of a SADC 
regional competition framework, the Parties shall jointly endeavour to adjust the Agreement to bring 
it in line with the regional framework, while ensuring a balance of benefits.  
4.12  Cooperation  
4.34.   Under Chapter III (Article 11) the Parties co mmit to cooperate , both financially and non -
financially,  to implement the Agreement and to support the SADC EPA States' trade and development 
strategies within the overall SADC regional integration process.  They recognize that development 
cooperation is cr ucial for the partnership and to achieve the objectives of the Agreement.  
Development finance cooperation for regional economic cooperation and integration, as provided for 
in the Cotonou Agreement, shall support and promote efforts by the SADC EPA States to achieve 
the objective and maximize the expected benefits of the Agreement.  Article 11 also confirms that 
EU financing for development cooperation and EU support for implementing the Agreement shall be 
carried out within the framework of the rules and re levant procedures under the Cotonou 
Agreement.29 In addition the Member States of the EU collectively undertake to support through 
their development policies and instruments, development cooperation activities for regional 
economic cooperation and integrat ion and for the implementation of the Agreement in the SADC 
EPA States and at the regional level, in conformity with the principles of complementarit y and aid 
effectiveness as contained for example in the Paris Declaration on Aid Effectiveness 2005 and the  
Accra Agenda for Action 2008.  The Parties shall also cooperate to enable the SADC EPA States to 
access other financial instruments and facilitate other donors willing to support the SADC EPA States 
in their efforts to implement the Agreement. The EU agree s to support the development of a regional 
development financing mechanism such as an EPA fund to effectively channel development financing 
and for implementing EPA accompanying measures.30 
4.35.   The Parties list priority areas for cooperation in Articles 13 and  14. Cooperation on trade in 
goods shall aim at enhancing such trade and the SADC EPA States' capacity to trade including by 
phasing out tariffs and customs duties as agreed under the Agreement, by properly implementing 
rules of origin, trade defence instr uments, non -tariff measures, SPS and TBT standards by 
addressing non -tariff measures and promoting customs cooperation and facilitation. Cooperation on 
 
29 In particular, this relates to the programm ing procedures of the European Development Fund and 
within the framework of the relevant instruments financed by the General Budget of the Union.  
30 The EU will contribute to the fund following a satisfactory audit.  WT/REG381/1/Rev.1  
 
- 41 - 
 
  supply -side competitiveness shall aim at increasing competitiveness and removing supply side 
constraints  at the national, institutional and company levels in the SADC EPA States, including 
production, technology development and innovation, marketing, financing, distribution, transport, 
diversification of the economic base and private sector development, impr ovement of the business 
environment and support for small and medium enterprises in agriculture, fisheries, industry and 
services.  Cooperation in business enhancing infrastructure shall aim at developing a competitive 
business enhancing environment includi ng in information and communication technology, transport 
and energy. Other areas include trade data, and institutional capacity. The Parties recognize that 
the phasing out of customs duties under the Agreement may affect fiscal revenues of the SADC EPA 
States and agree to cooperate to support fiscal reforms and complementary mitigating measures, 
especially for Lesotho which will be particularly affected (to be determined in accordance with a 
jointly agreed mechanism)  (Article 14) . Article 15 provides a lis t of possible interventions for 
development cooperation.  Finally, cooperation is also envisaged fo r intellectual property rights, 
public procurement, competition  and on tax governance.  
  WT/REG381/1/Rev.1  
 
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  ANNEX 1  
1. Tables A1.1a and b show tariff liberalization by the EU, whil e Tables A1.2a and b show  tariff 
liberalization by the SADC EPA States. The tables show liberalization by total, agricultura l and 
industrial  products . In 2016 the EU's average overall applied MFN rate was 5.1%, the overall average 
for agric ultural products  was considerably higher (10.1 %) and lower for industrial  products  (3.8%) . 
25% of the EU's tariff was duty fr ee on an MFN basis overall, 14.9% % for agricultural produ cts and 
28.5%  for industrial  products. Upon entry into force of the Agreement in 2016  98.4% of the EU  tariff 
became duty free for imports from Botswana, Eswatini, Lesotho, Namibia and Mozambique; the 
share of tariff lines liberalized was 94 .5% fo r agricultural products and 99.7 % for industrial  products. 
The EU's overall average tariff for imports from these Parties fell to 0.1%, 0.3% for agricultural 
products and zero for industria l products.  
2. For imports from South Africa, u pon entry into force of the Agreement, 95.3% of the EU's 
overall applied tariff b ecame duty free, and 80.9% and 99.4% for agricultural and industrial  
products, respectively. The EU's overall applied tariff for imports from South Africa fell to 0.3%, 
while the applied tariff for agricultural and industrial products f ell respectively to 1.1% and zero. As 
a result, South African exporters to the EU had a relative margin of p reference of 94% overall, and 
89% and 100% % respectively, for agricultural and non -agricultural exports. By the end of the 
transition period in 2026  95.7% of the EU's tariff is expected to be duty free for imports from So uth 
Africa. The share will be 84.6% and 99.7 % for agricultural and non -agricultural products, 
respectively.  
Table A1.1a  EU: Indicators of MFN tariff rates and preferential rates for imports from 
Botswana, Eswatini, Lesotho, Namibia and Mozambique  
Origin of 
goods  Year ALL PRODUCTS  HS Chapters 1 -24 HS Chapters 25 -97 
Average 
applied tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff  Share of 
duty-
free 
tariff 
lines 
(%) Average 
applied tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) 
Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2016 5.1 6.9 25.0 10.1 12.8 14.9 3.8 5.3 28.5 
Botswana, 
Eswatini, 
Lesotho, 
Namibia and 
Mozambique  2016 0.1 12.7 98.4 0.3 17.9 94.5 0.0 2.7 99.7 
Note:  Tariff lines subject to in -quota rates are excluded in the computation; for the calculation of 
averages, specific rates are excluded and the ad valorem  parts of alternate rates are included.  
 Based on the HS 2012 nomenclature . 
Source:  WTO estimates based on data provided by EU and WTO -IDB database.  
Table A1. 1b EU: Indicators of MFN tariff rates and preferential rates for imports from 
South Africa  
Origin of 
goods  Year ALL PRODUCTS  HS Chapters 1 -24 HS Chapters 25 -97 
Average applied 
tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2016 5.1 6.9 25.0 10.1 12.8 14.9 3.8 5.3 28.5 
South Africa  2016 0.3 11.9 95.3 1.1 12.4 83.1 0.0 7.1 99.7 
2017 0.3 11.5 95.3 1.1 12.0 83.1 0.0 7.1 99.7 
2018 0.3 11.3 95.3 1.1 11.7 83.1 0.0 7.1 99.7 
2019 0.3 11.0 95.3 1.0 11.5 83.1 0.0 7.1 99.7 WT/REG381/1/Rev.1  
 
- 43 - 
 
  Origin of 
goods  Year ALL PRODUCTS  HS Chapters 1 -24 HS Chapters 25 -97 
Average applied 
tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
2020 0.3 10.8 95.3 1.0 11.3 83.1 0.0 7.1 99.7 
2021 0.3 10.7 95.3 1.0 11.1 83.1 0.0 7.1 99.7 
2022 0.3 10.5 95.3 1.0 10.9 83.1 0.0 7.1 99.7 
2023 0.3 10.3 95.3 1.0 10.6 83.1 0.0 7.1 99.7 
2024 0.2 10.1 95.3 0.9 10.4 83.1 0.0 7.1 99.7 
2025 0.2 11.8 95.7 0.9 12.5 84.6 0.0 7.1 99.7 
2026 0.2 11.8 95.7 0.9 12.5 84.6 0.0 7.1 99.7 
Note:  Tariff lines subject to in -quota rates are excluded in the computation; for the calculation of averages, 
specific rates are excluded and the ad valorem  parts of alternate rates are included.  
Based on the HS 2012 nomenclature . 
Source:  WTO estimates based on data provi ded by EU and WTO -IDB database.  
 
3. For the SADC EPA States, in 2016 the average applied MFN rate for SACU (Botswana, Eswatini, 
Lesotho, Namibia and South Africa) was 8.5% overall, and 11.8% and 7.9 %, respectively for 
agricultu ral and industrial  products. The share of duty -free lines was 55. 5% overall, and 41.2% and 
58.7% for a gricultural and industrial  products, respectively. Upon entry into force of the Agreement 
the share of duty -free lines for imports from the EU  rose to 84.1% overall, and 80.6% and 84.9 % 
respectively for agricultural and  industrial  products.  The overall applied tariff for imports from the 
EU fell to 2.8%, while the tariff for imports of agricultural and industrial  products from the EU  fell to 
4.4% and 2.5 % respectively. As a result , EU exporters benefited from a relative margin of preference 
of 67% overall, and 62.7% and 68 .3% for agricultural and industrial  exports to SACU. By the end 
of implementation in 2025  86.1% of SACU's tariff will be duty free for imports fro m the EU; the 
share will be 91.5 % for agricultural products and 84.9% for industrial  products.  
4. Table A1.2b below shows that in 2017 Mozambique's average applied MFN duty was 10.36%  
overall and 15.96%  and 9.11%  respectively for agricultural and industrial products. The share of 
duty-free lines was 4.04% overall and 6.55% and 3.49% for agricultural and industrial products 
respectively. Upon entry into force of the Agreement  the share of duty -free lines for imports from 
the EU rose slightly to 4.12% overall and 6.65% and 3.56% respectively for agr icultural and 
industrial products. The overall applied tariff for imports from the EU fell to 10.31% (15.94% and 
9.07% for agricultural and industrial products) in 2018 when the Agreement entered into force. As 
a result EU exporters benefited from a relati ve margin of preference of 0.5% overall, and 0.13%  
and 0.4%  respectively for agricultural and industrial exports to Mozambique. By the end of 
implementation in 2028 38.68%  of Mozambique's tariff will be duty -free for imports from the EU; 
the share will be 18.17%  and 43.22%  for duty-free agricultural and industrial products.   
Table A1. 2a SADC (Botswana, Eswatini, Lesotho, Namibia and South Africa): Indicators of 
MFN tariff rates and preferential rates for imports from EU  
Origin of  
goods  Year ALL PRODUCTS  HS Chapters 1 -24 HS Chapters 25 -97 
Average 
applied tariff  Share of 
duty-free 
tariff lines 
(%) Average 
applied tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) Average 
applied tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) 
Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2016 8.5 19.8 55.5 11.8 22.3 41.2 7.9 19.1 58.7 
EU 2016 2.8 19.5 84.1 4.4 34.2 80.6 2.5 16.9 84.9 
2017 2.7 19.2 85.4 3.6 34.6 87.5 2.5 16.9 84.9 
2018 2.7 19.1 85.4 3.5 33.6 87.5 2.5 16.9 84.9 
2019 2.7 18.9 85.4 3.4 32.5 87.5 2.5 16.9 84.9 WT/REG381/1/Rev.1  
 
- 44 - 
 
  Origin of  
goods  Year ALL PRODUCTS  HS Chapters 1 -24 HS Chapters 25 -97 
Average 
applied tariff  Share of 
duty-free 
tariff lines 
(%) Average 
applied tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) Average 
applied tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) 
Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
2020 2.7 18.8 85.4 3.3 31.5 87.5 2.5 16.9 84.9 
2021 2.6 18.7 85.4 3.2 31.4 87.8 2.5 16.9 84.9 
2022 2.6 18.6 85.4 3.1 30.5 87.8 2.5 16.9 84.9 
2023 2.6 18.5 85.4 3.0 29.5 87.8 2.5 16.9 84.9 
2024 2.6 18.4 85.4 2.9 28.6 87.8 2.5 16.9 84.9 
2025 2.6 19.2 86.1 2.8 44.1 91.5 2.5 16.9 84.9 
Note:  Tariff lines subject to in -quota rates are excluded in the computation; for the calculation of averages, 
specific rates are excluded and the ad valorem  parts of alternate rates are included.  
Based on the HS 2012 nomenclature . 
Source:  WTO estimates based on  data provided by the authorities and the WTO -IDB Database . 
 
Table A1.2b  SADC (Mozambique): Indicators of MFN tariff rates and preferential rates 
for imports from EU  
Origin 
of 
goods  Year ALL PRODUCTS  HS Chapters 1 -24 HS Chapters 25 -97 
Average 
applied 
tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff  Share of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff  Share of 
duty-free 
tariff 
lines (%)  
Overall (%)  On dutiable 
(%) Overall (%)  On dutiable 
(%) Overall (%)  On dutiable 
(%) 
MFN 2017 10.36  10.80  4.04 15.96  17.08  6.55 9.11 9.44 3.49 
EU 2018 10.31  10.76  4.12 15.94  17.08  6.65 9.07 9.40 3.56 
2019 10.31  10.76  4.12 15.94  17.08  6.65 9.07 9.40 3.56 
2020 9.63 10.04  4.12 15.54  16.66  6.65 8.32 8.63 3.56 
2021 9.08 9.47 4.12 15.16  16.25  6.65 7.74 8.02 3.56 
2022 8.39 8.75 4.12 14.78  15.83  6.65 6.97 7.23 3.56 
2023 7.09 11.57  29.74  14.39  16.85  14.60  9.09 6.08 33.09  
2024 7.56 10.68  29.74  14.28  16.72  14.60  6.00 8.97 33.09  
2025 7.39 10.51  29.74  14.17  16.59  14.60  5.88 8.80 33.09  
2026 7.24 10.30  29.74  14.05  16.45  14.60  5.73 8.57 33.09  
2027 7.19 10.24  29.74  14.00  16.39  14.60  5.69 8.50 33.09  
2028 7.59 10.80  38.68  13.93  17.02  18.17  17.08  5.58 43.22  
Source:  Information provided by the Mozambique Authorities . 
 
5. Tables A1.3a -f show  market access opportunities for the top 25 exports of SADC EPA States 
in the EU. During 2013 -2015 Botswana top 25 exports to the EU accounted for 95.7% of its global 
exports and were covered by 49 tariff lines at the HS six -digit level  in 2016 . Of these lines 19 were 
already duty free on an MFN basis when the Agreement entered into force. As a result of the 
Agreement, the remaining 30 lines  that are subject to MFN duties  were liberalized in 2016.  WT/REG381/1/Rev.1  
 
- 45 - 
 
  Table A1. 3a EU: Market access opportunities under the agreement for Botswana's top 25 
exports to the world  
Botswana's top export products in 2013 -2015  Share in global exports 
(%) Access conditions to EU's import 
markets  
HS number and description of the product  MFN (2016)   Remain Dutiable  Average 
MFN 
applied 
rate Number  of 
tariff lines  Duty 
free 
under 
the 
agree -
ment 
in 
2016  
Duty -free Dutiable  
710231  Non-industrial diamonds unworked or simply sawn, cleaved or 
bruted  73.6 0.0 1    
710239  Diamonds, worked, but not mounted or set  9.3 0.0 1    
750110  Nickel mattes  4.9 0.0 1    
260300  Copper ores and concentrates  1.4 0.0 1    
020230  Frozen, boneless meat of bovine animals  0.9 12.8  3 3  
854430  Ignition wiring sets and other wiring sets for vehicles, aircraft 
or ships  0.8 3.7  1 1  
020130  Fresh or chilled bovine meat, boneless  0.7 12.8  1 1  
710221  Industrial diamonds unworked or simply sawn, cleaved or 
bruted  0.7 0.0 1    
710812  Gold, incl. gold plated with platinum, unwrought, for non -
monetary purposes  0.6 0.0 1    
283620  Disodium carbonate  0.5 5.5  1 1  
250100  Salts, incl. table salt and denatured salt, and pure sodium 
chloride, whether or not in aqueous solution or containing 
added anti -caking or free -flowing agents; sea water  0.3 * 2 3 3  
870323  Motor cars and other motor vehicles principally designed for 
the transport of persons, incl. station wagons and racing cars, 
with spark -ignition internal combustion reciprocating piston 
engine of a cylinder capacity > 1.500 cm³ but <= 3.000 cm³  0.2 10.0  3 3  
271012  Light oils and preparations, of petroleum or bituminous 
minerals which >= 90% by volume "incl. losses" distil at 210°c 
"astm d 86 method"  0.2 3.9 2 10 10  
391739  Flexible tubes, pipes and hoses, of plastics, reinforced or 
otherwise combined with other materials  0.2 6.5  1 1  
720421  Waste and scrap of stainless steel  0.2 0.0 2    
630260  Toilet linen and kitchen linen, of terry towelling or similar terry 
fabrics of cotton  0.1 12.0  1 1  
270112  Bituminous coal, whether or not  pulverised, non -agglomerated  0.1 0.0 2    
300230  Vaccines for veterinary medicine  0.1 0.0 1    
170410  Chewing gum, whether or not sugar -coated  0.1 6.3  2 2  
840710  Spark -ignition reciprocating or rotary internal combustion 
piston engine, for aircraft  0.1 1.7  1 1  
710210  Diamonds, unsorted  0.1 0.0 1    
843149  Parts of machinery of heading 8426, 8429 and 8430, n.e.s.  0.1 0.0 2    
481940  Sacks and bags, incl. cones, of paper, paperboard, cellulose 
wadding or webs of cellulose fibres  0.1 0.0 1    
850710  Lead-acid accumulators of a kind used for starting piston 
engine "starter batteries"  0.1 3.7  2 2  
580810  Braids in the piece  0.1 5.0  1 1  
TOTAL  95.7 3.4 19 30 30 - 
* Three dutia ble MFN rates are expressed in s pecific rates.  
Note:  Based on the HS2012 nomenclature.  
Source:  WTO estimates based on data provided by EU; WTO -IDB database and UNSD, Comtrade database.  WT/REG381/1/Rev.1  
 
- 46 - 
 
  6. During 2013 -2015 Eswatini's top 25 exports to the EU accounted for 83.6% of its global 
exports and were covered by 122 tariff lines at the HS six -digit level in 2016. Of these ,19 lines were 
already duty free on an MFN basis when the Agreement entered into force. As a result of the 
Agreement, an additional 99  lines that are subject to MFN duties were liberalized in 2016.  At the 
end of implementation 4  tariff lines will continue to be subject to duties. These concern sugar 
(subject to specific  applied MFN duties in 2016 of 33.9 and 41.9 Euro/hl ) and alcohol (subject to 
specific applied MFN duties in 2016 of 19.2 Euros/hl ). 
Table A1.3b  EU: Market access opportunities under the agreement for Eswatini's top 25 
exports to the world  
Eswatini's top export products in 2013 -2015  Share in global exports 
(%) Access conditions to EU's import 
markets  
HS number and description of the product  MFN (2016)   Remain Dutiable  Average 
MFN 
applied 
rate Number  of 
tariff lines  Duty 
free 
under 
the 
agree -
ment 
in 
2016  
Duty -free Dutiable  
330210  Mixtures of odoriferous substances and mixtures  29.2 13.0 2 3 3  
382490  Chemical products and preparations of the chemical or allied 
industries  17.1 6.1 6 15 15  
170114  Raw cane sugar, in solid form, not containing added flavouring 
or colouring matter  12.2 *  2 1 1 
170113  Raw cane sugar, in solid form, not containing added flavouring 
or colouring matter, obtained without centrifugation, with 
sucrose content 69° to 93°, containing only natural anhedral 
microcrystals  4.8 *  2 1 1 
260111  Non-agglomerated iron ores and concentrates  1.9 0.0 1    
291814  Citric acid  1.5 6.5  1 1  
440729  Tropical wood specified in subheading note 1 to this chapter, 
sawn or chipped lengthwise, sliced or peeled, whether or not 
planed, sanded or end -jointed, of a thickness of > 6 mm  1.4 2.3 2 6 6  
170199  Cane or beet sugar and chemically pure sucrose, in solid form  1.4 *  2 1 1 
610910  T-shirts, singlets and other vests of cotton, knitted or 
crocheted  1.2 12.0  1 1  
170410  Chewing gum, whether or not sugar -coated  1.2 6.3  2 2  
490199  Printed books, brochures and similar printed matter  1.1 0.0 1    
630533  Sacks and bags, for the packing of goods, of polyethylene or 
polypropylene strip or the like  1.0 9.6  2 2  
490700  Unused postage, revenue or similar stamps of current or new 
issue in the country in which they have, or will have, a 
recognised face value; stamp -impressed paper; banknotes; 
cheque forms; stock, share or bond certificates and similar 
documents of title  0.9 0.0 3    
270119  Coal, whether or not pulverised, non -agglomerated  0.8 0.0 1    
170290  Sugars in solid form, incl. invert sugar and chemically pure 
maltose, and sugar and sugar syrup blends containing in the 
dry state 50% by weight of fructose, not flavoured or 
coloured, artificial honey, whether or not mixed with natural 
honey and caramel  0.8 12.8  8 8  
620342  Men's or boys' trousers, bib and brace overalls, breeches and 
shorts, of cotton  0.8 12.0  7 7  
620462  Women's or girls' trousers, bib and brace overalls, breeches 
and shorts of cotton  0.8 12.0  7 7  
620349  Men's or boys' trousers, bib and brace overalls, breeches and 
shorts of textile materials  0.8 12.0  6 6  
481910  Cartons, boxes and cases, of corrugated paper or paperboard  0.8 0.0 1    
220710  Undenatured ethyl alcohol, of actual alcoholic strength of >= 
80% 0.7 *  1  1 
170490  Sugar confectionery not containing cocoa, incl. white chocolate  0.7 9.5  10 10  
440110  Fuel wood, in logs, billets, twigs, faggots or similar forms  0.7 0.0 1    WT/REG381/1/Rev.1  
 
- 47 - 
 
  Eswatini's top export products in 2013 -2015  Share in global exports 
(%) Access conditions to EU's import 
markets  
HS number and description of the product  MFN (2016)   Remain Dutiable  Average 
MFN 
applied 
rate Number  of 
tariff lines  Duty 
free 
under 
the 
agree -
ment 
in 
2016  
Duty -free Dutiable  
200799  Jams, jellies, marmalades, purées or pastes of fruit, obtained 
by cooking, whether or not containing added sugar or other 
sweetening matter  0.6 22.8  9 9  
621132  Men's or boys' tracksuits and other garments  0.6 12.0  5 5  
230990  Preparations of a kind used in animal feeding  0.6 8.5 1 14 14  
TOTAL  83.6 7.5 19 103 99 4 
* MFN rates are expressed in Specific rates only  for 170113.10 (33.9 EUR/100 g std qual), 170113.90 
(41.9 EUR/100 g), 170114.10 (33.9 EUR/100 g std qual), 170114.90 (41.9 EUR/100 g) and 170490 
(19.2 EUR/hl ). 
Note:  Based on the HS2012 nomenclature.  
Source:  WTO estimates based on data provided by EU; WTO -IDB database and ITC, TradeMap.  
 
7. During 2013 -2015 Lesotho's top 25 exports to the EU accounted for 79.8% of its global exports 
and were covered by 55 tariff lines at the HS six -digit level in 2016. Of these lines 11 were already 
duty free on an MFN basis when the Agreement entered into force. As a result of the Agreement, 
the remaining 44 lines that are subject to MFN duties were liberalized in 2016.  
Table A1.3c  EU: Market access opportunities under the agreement for Lesotho's top 25 
exports to the w orld 
Lesotho's top export products in 2013 -2015  Share in global exports 
(%) Access conditions to EU's import 
markets  
HS number and description of the product  MFN (2016)   Remain Dutiable  Average 
MFN 
applied 
rate Number  
of tariff 
lines  Duty 
free 
under 
the 
agree
ment 
in 
2016  
Duty -free Dutiable  
710510  Dust and powder of diamonds, incl. synthetic diamonds  32.5 0.0 1    
620342  Men's or boys' trousers, bib and brace overalls, breeches and 
shorts, of cotton  8.4 12.0  7 7  
220110  Mineral waters and aerated waters, not containing added 
sugar, other sweetening matter or flavoured  6.0 0.0 3    
610463  Women's or girls' trousers, bib and brace overalls, breeches 
and shorts of synthetic fibres, knitted or crocheted  5.0 12.0  1 1  
220190  Ordinary natural water, not containing added sugar, other 
sweetening matter or flavoured; ice and snow  3.9 0.0 1    
610520  Men's or boys' shirts of man -made fibres, knitted or crocheted  2.5 12.0  2 2  
610990  T-shirts, singlets and other vests of textile materials, knitted or 
crocheted  2.1 12.0  2 2  
611030  Jerseys, pullovers, cardigans, waistcoats and similar articles, of 
man-made fibres, knitted or crocheted  2.1 12.0  3 3  
620462  Women's or girls' trousers, bib and brace overalls, breeches 
and shorts of cotton  2.0 12.0  7 7  
853620  Automatic circuit breakers for a voltage <= 1.000 v  1.9 2.3  2 2  
510119  Greasy wool, incl. fleece -washed wool, neither carded nor 
combed  1.5 0.0 1    
610510  Men's or boys' shirts of cotton, knitted or crocheted  1.2 12.0  1 1  WT/REG381/1/Rev.1  
 
- 48 - 
 
  Lesotho's top export products in 2013 -2015  Share in global exports 
(%) Access conditions to EU's import 
markets  
HS number and description of the product  MFN (2016)   Remain Dutiable  Average 
MFN 
applied 
rate Number  
of tariff 
lines  Duty 
free 
under 
the 
agree
ment 
in 
2016  
Duty -free Dutiable  
853890  Parts suitable for use solely or principally with the apparatus of 
heading 8535, 8536 or 8537  1.2 1.2 2 2 2  
520710  Cotton yarn containing >= 85% cotton by weight, put up for 
retail sale  1.1 5.0  1 1  
510129  Degreased wool, non -carbonised, neither carded nor combed  1.0 0.0 1    
610910  T-shirts, singlets and other vests of cotton, knitted or 
crocheted  1.0 12.0  1 1  
510111  Greasy shorn wool, incl. fleece -washed wool, neither carded 
nor combed  1.0 0.0 1    
610462  Women's or girls' trousers, bib and brace overalls, breeches 
and shorts of cotton, knitted or crocheted  0.8 12.0  1 1  
640419  Footwear with outer soles of rubber or plastics and uppers of 
textile materials  0.7 17.0  2 2  
620339  Men's or boys' jackets and blazers of textile materials  0.7 12.0  3 3  
110100  Wheat or meslin flour  0.7 *  3 3  
940190  Parts of seats 0.6 2.4  3 3  
520511  Single cotton yarn, of uncombed fibres, containing >= 85% 
cotton by weight and with a linear density of >= 714,29 
decitex "<= mn 14"  0.6 4.0  1 1  
853931  Discharge lamps, fluorescent, hot cathode  0.6 2.7  2 2  
481910  Cartons, boxes and cases, of corrugated paper or paperboard  0.6 0.0 1    
TOTAL  79.8 6.2 11 44 44 - 
* MFN rates are expressed in Specific rates only.  
Note:  Based on the HS2012 nomenclature.  
Source:  WTO estimates based on data provided by EU; WTO -IDB database and ITC, TradeMap.  
 
8. During 2013 -2015 Mozambique's top 25 exports to the EU accounted for 86.6% of its global 
exports and were covered by 70 tariff lines at the HS six -digit level  in 2016 . Of these lines 31  were 
already duty free on an MFN basis when the Agreement entered into  force. As a result of  the 
Agreement, an additional 37  lines that are subject to MFN duties were liberalized in 2016.  At the 
end of implementation 2 tariff lines (raw cane sugar) will remain duti able at specific rates of duty 
(at MFN average rates of 33.4 Euro/ 100g to 41.9 Euro/ 100g in 2016) . 
Table A1.3d  EU: Market access opportunities under the agreement for Mozambique's top 
25 exports to the world  
Mozambique's top export products in 2013 -2015  Share in global exports 
(%) Access conditions to EU's import 
markets  
HS number and description of the product  MFN (2016)   
Remain Dutiable  
Average 
MFN 
applied 
rate Number  of 
tariff lines  Duty 
free 
under 
the 
agree -
ment 
in 
2016  
Duty -free Dutiable  
760410  Bars, rods and profiles, of non-alloy aluminium  25.4 7.5  2 2  
270400  Coke and semi -coke of coal, of lignite or of peat, whether or 
not agglomerated; retort carbon  11.7 0.0 3    
271600  Electrical energy  7.6 0.0 1    WT/REG381/1/Rev.1  
 
- 49 - 
 
  Mozambique's top export products in 2013 -2015  Share in global exports 
(%) Access conditions to EU's import 
markets  
HS number and description of the product  MFN (2016)   
Remain Dutiable  
Average 
MFN 
applied 
rate Number  of 
tariff lines  Duty 
free 
under 
the 
agree -
ment 
in 
2016  
Duty -free Dutiable  
240120  Tobacco, partly or wholly stemmed or stripped, otherwise 
unmanufactured  6.7 15.5  5 5  
271111  Natural gas, liquefied  5.9 0.0 1    
760110  Aluminium, not alloyed, unwrought  4.3 3.0  1 1  
271121  Natural gas in gaseous state  4.3 0.0 1    
380290  Activated kieselguhr and other activated natural mineral 
products; animal black, whether or not spent  3.7 5.7  1 1  
261400  Titanium ores and concentrates  3.1 0.0 1    
170113  Raw cane sugar, in solid form, not containing added 
flavouring or colouring matter, obtained without 
centrifugation, with sucrose content 69° to 93°, containing 
only natural anhedral microcrystals  1.6 *  2 1 1 
170114  Raw cane sugar, in solid form, not containing added 
flavouring or colouring matter  1.6 *  2 1 1 
710391  Rubies, sapphires and emeralds, worked, whether or not  
graded, but not strung, mounted or set, rubies, sapphires 
and emeralds, worked, ungraded, temporarily strung for 
convenience of transport  1.5 0.0 1    
271019  Medium oils and preparations, of petroleum or bituminous 
minerals, not containing biodiesel  1.4 2.0 12 13 13  
520100  Cotton, neither carded nor combed  1.3 0.0 2    
890190  Vessels for the transport of goods and vessels for the 
transport of both persons and goods  1.0 0.9 1 1 1  
261510  Zirconium ores and concentrates  0.9 0.0 1    
120740  Sesamum seeds, whether or not broken  0.8 0.0 2    
440729  Tropical wood specified in subheading note 1 to this chapter, 
sawn or chipped lengthwise, sliced or peeled, whether or not 
planed, sanded or end -jointed, of a thickness of > 6 mm  0.7 1.7 2 6 6  
670490  Wigs, false beards, eyebrows and eyelashes, switches and 
the like, of animal hair or textile materials  0.5 2.2  1 1  
520300  Cotton, carded or combed  0.5 0.0 1    
890520  Floating or submersible drilling or production platforms  0.4 0.0 1    
843143  Parts for boring or sinking machinery of subheading 8430.41 
or 8430.49  0.4 0.0 1    
901590  Parts and accessories for instruments and appliances used in 
geodesy, topography, photogrammetrical  surveying, 
hydrography, oceanography, hydrology, meteorology or 
geophysics, and for rangefinders  0.4 2.7  1 1  
080310  Fresh or dried plantains  0.4 16.0  2 2  
080390  Fresh or dried bananas  0.4 16.0  2 2  
TOTAL  86.6 3.2 31 39 37 2 
* MFN rates are expressed in Specific rates only  for 170113.10 (33.9 EUR/100 g std qual), 170113.90 
(41.9 EUR/100 g), 170114.10 (33.9 EUR/100 g std qual), 170114.90 (41.9 EUR/100 g ). 
Note:  Based on the HS2012 nomenclature.  
Source:  WTO estimates based on data provided by E U; WTO -IDB database and UNSD, Comtrade database.  WT/REG381/1/Rev.1  
 
- 50 - 
 
  9. During 2013 -2015 Namibia's top 25 exports to the EU accounted for 75.4% of its global 
exports and were covered by 85 tariff lines at the HS six -digit level in 2016. Of these lines 25 were 
already duty free on an MFN basis when the Agreement entered into force. As a result  of the 
Agreement, the remaining  60 lines that are subject to MFN duties were liberalized in 2016 . 
Table A1.3e  EU: Market access opportunities under the agreement for Namibia's top 25 
exports to the world  
Namibia's top export products in 2013 -2015  Share in global exports 
(%) Access conditions to EU's import 
markets  
HS number and description of the product  MFN (2016)   Remain Dutiable  Average 
MFN 
applied 
rate Number  of 
tariff lines  Duty 
free 
under 
the 
agree -
ment 
in 
2016  
Duty -free Dutiable  
710231  Non-industrial diamonds unworked or simply sawn, cleaved or 
bruted  21.9 0.0 1    
261210  Uranium ores and concentrates  7.9 0.0 2    
890520  Floating or submersible drilling or production platforms  6.5 0.0 1    
740311  Copper, refined, in the form of cathodes and sections of 
cathodes  5.8 0.0 1    
260300  Copper ores and concentrates  3.0 0.0 1    
030389  Frozen fish  2.7 12.7 1 12 12  
790112  Unwrought zinc, not alloyed, containing by weight < 99,99% of 
zinc 2.4 2.5  3 3  
030474  Frozen fillets of hake "merluccius spp., urophycis spp."  2.4 7.2  4 4  
710239  Diamonds, worked, but not mounted or set  2.3 0.0 1    
220300  Beer made from malt  2.0 0.0 3    
710813  Gold, incl. gold plated with platinum, in semi -manufactured 
forms, for non -monetary purposes  1.9 0.0 2    
790111  Unwrought zinc, not alloyed, containing by weight >= 99,99% 
of zinc  1.8 2.5  1 1  
030355  Frozen jack and horse mackerel "trachurus spp."  1.6 15.0  3 3  
890400  Tugs and pusher craft  1.6 1.7 2 1 1  
030354  Frozen mackerel "scomber scombrus, scomber australasicus, 
scomber japonicus"  1.5 17.5  2 2  
271012  Light oils and preparations, of petroleum or bituminous 
minerals which >= 90% by volume "incl. losses" distil at 210°c 
"astm d 86 method"  1.5 4.7 2 10 10  
030366  Frozen hake "merluccius spp., urophycis spp."  1.4 15.0  5 5  
890690  Vessels, incl. lifeboats  1.4 2.2 1 2 2  
260800  Zinc ores and concentrates  1.2 0.0 1    
870323  Motor cars and other motor vehicles principally designed for 
the transport of persons, incl. station wagons and racing cars, 
with spark -ignition internal combustion reciprocating piston 
engine of a cylinder capacity > 1.500 cm³ but <= 3.000 cm³  1.2 10.0  3 3  
740200  Copper, unrefined; copper anodes for electrolytic refining  0.8 0.0 1    
710812  Gold, incl. gold plated with platinum, unwrought, for non -
monetary purposes  0.8 0.0 1    
010221  Pure-bred cattle for breeding  0.7 0.0 3    
010229  Live cattle  0.7 10.2 1 11 11  
160413  Prepared or preserved sardines, sardinella and brisling or 
sprats, whole or in pieces  0.6 12.5  3 3  
TOTAL  75.4 4.5 25 60 60 - 
Note:  Based on the HS2012 nomenclature.  
Source:  WTO estimates based on data provided by EU; WTO -IDB database and UNSD, Comtrade database.  WT/REG381/1/Rev.1  
 
- 51 - 
 
  10. During 2013 -2015 South Africa's top 25 exports to the EU accounted for 51.5% of its global 
exports and were covered by 109 tariff lines at the HS six -digit level in 2 016. Of these lines 19  were 
already duty free on an MFN basis when the Agreement entered into force. As a result of the 
Agreement, an additional 35 lines that are subject to MFN duties  were liberalized in 2016. At the 
end of implementation of the Agreement  55 lines will remain dutiable in the EU market. The products 
concerned are wine (53 lines), subject to MFN average duties of 14.4% in 2016, aluminium subject 
to average MFN rates of 3% and fresh oranges, subject to average MFN  duties of 16% in 2016.  
Table  A1.3f  EU: Market access opportunities under the agreement for South Africa's top 
25 exports to the world  
South Africa's top export products in 2013 -2015  
Share in global exports 
(%) Access conditions to EU's import 
markets  
HS number and description of the product  MFN (2016)   
Remain Dutiable  
Average 
MFN 
applied 
rate Number  
of tariff 
lines  Duty 
free 
under 
the 
agree -
ment in 
2016  Duty -
free 
Dutiable  
710813  Gold, incl. gold plated with platinum, in semi-manufactured 
forms, for non -monetary purposes  6.6 0.0 2    
270112  Bituminous coal, whether or not pulverised, non -
agglomerated  5.4 0.0 2    
260112  Agglomerated iron ores and concentrates  4.9 0.0 1    
720241  Ferro-chromium, containing by weight > 4% of carbon  3.2 4.0  2 2  
271012  Light oils and preparations, of petroleum or bituminous 
minerals which >= 90% by volume "incl. losses" distil at 
210°c "astm d 86 method"  3.2 3.9 2 10 10  
711019  Platinum, in semi -manufactured forms  2.9 0.0 2    
711011  Platinum, unwrought or in powder form  2.9 0.0 1    
870323  Motor cars and other motor vehicles principally designed for 
the transport of persons  2.9 10.0  3 3  
870421  Motor vehicles for the transport of goods, with compression -
ignition internal combustion piston engine "diesel or semi -
diesel engine" of a gross vehicle weight <= 5t  2.5 13.5  5 5  
260111  Non-agglomerated iron ores and concentrates  2.3 0.0 1    
842139  Machinery and apparatus for filtering or purifying gases  2.0 1.7  3 3  
260200  Manganese ores and concentrates  1.6 0.0 1    
710231  Non-industrial diamonds unworked or simply sawn, cleaved 
or bruted  1.5 0.0 1    
261000  Chromium ores and concentrates  1.4 0.0 1    
760110  Aluminium, not alloyed, unwrought  1.1 3.0  1  1 
711021  Palladium, unwrought or in powder form  1.0 0.0 1    
870332  Motor cars and other motor vehicles principally designed for 
the transport of persons, incl. station wagons and racing 
cars, with compression -ignition internal combustion piston 
engine "diesel or semi -diesel engine" of a cylinder capacity > 
1.500 cm³ but < = 2.500 cm³  0.9 10.0  3 3  
870322  Motor cars and other motor vehicles principally designed for 
the transport of persons, incl. station wagons and racing 
cars, with spark -ignition internal combustion reciprocating 
piston engine of a cylinder capacity > 1.000 cm³ but <= 
1.500 cm³  0.8 10.0  2 2  
470200  Chemical wood pulp, dissolving grades  0.8 0.0 1    
710239  Diamonds, worked, but not mounted or set  0.7 0.0 1    
080510  Fresh or dried oranges  0.7 16.0  2 1 1 
261400  Titanium ores and concentrates  0.6 0.0 1    
271600  Electrical energy  0.6 0.0 1    
220421  Wine of fresh grapes, incl. fortified wines, and grape must 
whose fermentation has been arrested by the addition of 
alcohol, in containers of <= 2 l  0.6   57 4 53 
080610  Fresh grapes  0.5 14.4  2 2  
TOTAL  51.5 3.6 19 90 35 55 
Note:  Based on the HS2012 nomenclature.  
Source:  WTO estimates based on data provided by EU; WTO -IDB database and UNSD, Comtrade database.  WT/REG381/1/Rev.1  
 
- 52 - 
 
  11. Table  A1.4 shows market access opportunities for the EU's top 25 exports to SADC EPA States  
which accounted during 2013 -2015 for 27.7% of its global exports . The EU's top 25 exports to SACU 
members  were covered by 86  tariff lines at the HS six -digit le vel in 2016. Of thes e lines 29  were 
already duty free on an MFN basis when the Agreement entered into force. As a result of  the 
Agreement, an additional 30  lines that are subject to MFN duties were liberalized in 2016 . Once the 
Agreement is fully implemented imports under 27 tariff lines will remain subject to duties in the 
SACU  market . The products concerned include petroleum products (with average MFN duties in 2016 
ranging from a specific rate of 11 cents/litre  to 11.8%) and motor vehicles  and parts  (ranging from 
15% to 23. 3%), electrical appliances (11.7%) and machines and mechanical appliances (10%).   
12. Information provided by Mozambique (Table A1.5) shows that the EU's top 25 global exports 
were covered by 55 tariff lines at the HS six -digit level in 2017. Of these 2 lines were already duty 
free on an MFN basis when the Agreement entered into force. Nine tariff lines were liberalized by 
the Agreement . Once the Agreement is implemented  43 lines which will remain subject to duties on 
imports from the EU.  The applied MFN tariff for these lines in 2017 ranged from 5% to 20%. Data 
for one line (HS 300210) are not available.   
  WT/REG381/1/Rev.1  
 
- 53 - Table A1. 4 SADC: Market access opportunities under the agreement for EU's top 25 exports to the world.  
EU's top export products in 2013 -2015  Access Conditions to SADC parties' import markets  
HS number and description of the product  
Share in global exports 
(%) SACU members  Mozambique  
MFN 2016  
Duty free lines Under 
the Agreement (2016)  
Remain Dutiable  MFN 201 7 
Duty free lines Under 
the Agreement (201 8) 
Remain Dutiable  Average MFN 
applied rate (%)  
Duty Free lines  
Dutiable Lines  
Average MFN 
applied rate (%)  
Duty Free lines  
Dutiable Lines  
300490  Medicaments consisting of mixed or unmixed products for therapeutic or 
prophylactic purposes, put up in measured doses  3.5 0.0 2    0.0 1    
870323  Motor cars and other motor vehicles principally designed for the transport of 
persons, incl. station wagons and racing cars, with spark -ignition internal 
combustion reciprocating piston engine of a cylinder capacity > 1.500 cm³ but <= 
3.000 cm³  3.3 23.3  3 1 2 12.5  4  4 
271019  Medium oils and preparations, of petroleum or bituminous minerals, not containing 
biodiesel  2.6 *  1  1 6.15  13  12 
710813  Gold, incl. gold plated with platinum, in semi -manufactured forms, for non -monetary 
purposes  2.3 0.0 1    7.5  1  1 
880240  Aeroplanes and other powered aircraft of an of an unladen weight > 15.000 kg  2.2 0.0 1    5  1  1 
271012  Light oils and preparations, of petroleum or bituminous minerals which >= 90% by 
volume  2.1 11.8 7 14 2 12 5.71  7  7 
870324  Motor cars and other motor vehicles principally designed for the transport of persons  1.5 23.3  3 1 2 12.5  4  4 
870332  Motor cars and other motor vehicles principally designed for the transport of persons  0.9 23.3  3 1 2 12.5  4  4 
300210  Antisera and other blood fractions and immunological products, whether or not  
modified or obtained by means of biotechnological processes  0.9 0.0 1    .. .. .. .. .. 
841112  Turbojets of a thrust > 25 kn  0.7 0.0 1    5  1 1  
880330  Parts of aeroplanes or helicopters  0.7 0.0 1    2.5  1 1  
841191  Parts of turbojets or turbopropellers  0.7 0.0 1    5  1  1 
710231  Non-industrial diamonds unworked or simply sawn, cleaved or bruted  0.6 0.0 1    20  1  1 
870899  Parts and accessories, for tractors, motor vehicles for the transport of ten or more 
persons, motor cars and other motor vehicles principally designed for the transport 
of persons, motor vehicles for the transport of goods and special purpose motor 
vehicles  0.6 15.0 4 5 3 2 7.5  1 1  
848180  Appliances for pipes, boiler shells, tanks, vats or the like  0.6 15.0 1 14 14  7.5  1 1  
711319  Articles of jewellery and parts thereof, of precious metal other than silver, whether 
or not  plated or clad with precious metal  0.5 20.0  1 1  20  1  1 
870840  Gear boxes and parts thereof, for tractors, motor vehicles for the transport of ten or 
more persons, motor cars and other motor vehicles principally designed for the 
transport of persons, motor vehicles for the transport of goods and special purpose 
motor vehicles  0.5 16.7 2 3 1 2 7.5  1 1  
710812  Gold, incl. gold plated with platinum, unwrought, for non -monetary purposes  0.5 0.0 1    7.5  1  1  
  WT/REG381/1/Rev.1  
 
- 54 - EU's top export products in 2013 -2015  Access Conditions to SADC parties' import markets  
HS number and description of the product  
Share in global exports 
(%) SACU members  Mozambique  
MFN 2016  
Duty free lines Under 
the Agreement (2016)  
Remain Dutiable  MFN 201 7 
Duty free lines Under 
the Agreement (201 8) 
Remain Dutiable  Average MFN 
applied rate (%)  
Duty Free lines  
Dutiable Lines  
Average MFN 
applied rate (%)  
Duty Free lines  
Dutiable Lines  
851762  Machines for the reception, conversion and transmission or regeneration of voice, 
images or other data, incl. switching and routing apparatus  0.5 0.0 2    7.5  1 1  
870322  Motor cars and other motor vehicles principally designed for the transport of 
persons, incl. station wagons and racing cars, with spark -ignition internal 
combustion reciprocating piston engine of a cylinder capacity > 1.000 cm³ but <= 
1.500 cm³  0.4 23.3  3 1 2 20  2  2 
300220  Vaccines for human medicine  0.4 0.0 1    0 1    
853710  Boards, cabinets and similar combinations of apparatus for electric control or the 
distribution of electricity, for a voltage <= 1.000 v  0.4 11.7  3 3  7.5  1 1  
901890  Instruments and appliances used in medical, surgical or veterinary sciences  0.4 0.0 1    5  1 1  
847989  Machines and mechanical appliances,  0.4 10.0 1 1 1  5  1 1  
870333  Motor cars and other motor vehicles principally designed for the transport of 
persons, incl. station wagons and racing cars, with compression -ignition internal 
combustion piston engine "diesel or semi -diesel engine" of a cylinder capacity > 
2.500 cm³  0.4 23.3  3 1 2 12.5  4  4 
TOTAL  27.7 8.7 29 57 30 27 .. 2 53 9 43 
* MFN rates are expressed in Specific rates only.   
.. Data not provided.  
Note:  Based on the HS2012 nomenclature.  
Source:  For SACU: WTO estimates based on data provided by SACU parties; WTO -IDB database and EuroStat.  
 For Mozambique: information provided by the Mozambique authorities.  WT/REG381/1/Rev.1  
 
- 55 - 
 
  ANNEX 2  
Table A2. 1 Tariff rate quotas provided by the EU  to South Africa  
Product  Tariff lines  In quota/out quota MFN 
rate (2018)  Quota quantity  
Skimmed milk powder 
in packs <= 2.5 kgs  04021011,  
 
04021019,  
 
04021091, 04021099  0/125.4€/100 gms  
 
0/118.8€/100 gms  
 
0/1.19€/gm lactic matter + 
27.5€/100 gms  500 metric tonnes  
Butter and other fats  04051011, 04051019, 
04051030, 04051050  
 
04051090  189.6€/100 gms  
 
 
231.3€/100 gms  500 metric tonnes  
Strawberries  08111090  0/14.4%  2016: 377.5 MT  
2017: 385 MT  
2018: 392.5 MT  
2019: 400 MT  
2020: 407.5 MT  
Annual increase thereafter 
by 7.5 MT  
Raw cane sugar  17011310, 17011410  0/33.9€/100 g std qual  100,000 MT  
Raw cane sugar  
White sugar  17011310, 17011410  
17019910  0/33.9€/100 g std qual  
0/41.9€/100 gms  50,000 MT  
White  crystalline 
powder  17023050  0/26.8€/100 gms  500 MT  
Citrus jams 20079130  50% of MFN 
rate/20%+4.2€/100 gms  100 MT  
Canned  fruit 20084051, 20084079,  
20085069, 20087069  
 
20087079  
 
 
20084059  
 
 
20084071, 20085061, 
20085079, 20087061, 
20087071 , 20084090  
 
20085071  
 
 
20085092  
 
 
20085098, 20087098  
 
 
20087092  Gradual reduction to 0 % of 
MFN rate  by 2026 /17.6%  
 
Gradual reduction to 0 % of 
MFN rate  by 2026 /16%  
 
Gradual reduction to 0 % of 
MFN rate  by 2026 /19.2%  
 
Gradual reduction to 0 % of 
MFN rate  by 2026 / 
16.8%  
 
Gradual reduction to 0 % of 
MFN rate  by 2026 /20.8%  
 
Gradual reduction to 0 % of 
MFN rate  by 2026 /13.6%  
 
Gradual reduction to 0 % of 
MFN rate  by 2026 /18.4%  
 
Gradual reduction to 0 % of 
MFN rate by 2026 /15.2%  57,156 MT  
Tropical canned fruit 20089759,  
 
20089772,  
 
20089774,  
 
20089778,  
 
20089798  50% of MFN rate/17.6%  
 
50% of MFN rate/8.5%  
 
50% of MFN rate/13.6%  
 
50% of MFN rate/19.2%  
 
50% of MFN rate/18.4%  2016: 2,960 MT  
2017: 3,020 MT  
2018: 3,080 MT  
2019: 3,140 MT  
2020: 3,200 MT  
Annual increase thereafter 
by 60 MT  WT/REG381/1/Rev.1  
 
- 56 - 
 
  Product  Tariff lines  In quota/out quota MFN 
rate (2018)  Quota quantity  
Frozen orange juice  20091199  0/15.2%  2016: 1,036 MT  
2017: 1,057 MT  
2018: 1,078 MT  
2019; 1,099 MT  
2020: 1,120 MT  
Annual increase thereafter 
by 21 MT  
Apple juice  20097120, 20097199, 
20097930, 20097998  
 
20097911,  
 
 
20097991  
 
 
20097919,   50% of MFN rate/18%  
 
 
50% of MFN 
rate/30%+18.4€/100 gms  
 
50% of MFN rate/ 
18%+19.3€/100gms  
 
50% of MFN rate/30%  2016: 3,052MT 
2017: 3,595MT 
2018: 3,712 MT 
2019: 3,829MT 
2020: 3,948MT 
Annual increase by 117 MT 
until 31.12. 2026, thereafter 
by 70.5MT 
Active yeasts  21021090  0/14.7%  350 MT  
Wine of fresh grapes  22042111, 22042112, 
22042113, 22042117, 
22042118, 22042119, 
22042122, 22042124, 
22042126, 22042127, 
22042128, 22042132, 
22042134, 22042136, 
22042137, 22042138, 
22042142, 22042143, 
22042144, 22042146, 
22042147, 22042148, 
22042162, 22042166, 
22042167, 22042168, 
22042169, 22042171, 
22042174, 22042176, 
22042177, 22042178, 
22042179, 22042180, 
22042181, 22042182, 
220421 83, 22042184  
 
22042123 , 22042185, 
22042186, 22042189  
 
22042187, 22042188,  
22042190, 22042191  
 
22042192  
 
22042193, 22042194, 
22042195, 22042196, 
22042197, 22042198  
 
22042911  
 
22042912, 22042913, 
22042917, 22042918, 
22042942, 22042943, 
22042944, 22042946, 
22042947, 22042948, 
22042958, 22042979, 
22042980, 22042981, 
22042982, 22042983, 
22042984  
 
22042985, 22042986, 
22042989  
 
22042987, 22042988,  
22042990, 22042991  
 0/13.1-15.4€/hl  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
0/14.8-15.8€/hl 
 
 
0/18.6-20.9€/hl  
 
0/1.75€/% vol/ hl 
 
0/13.1€/hl-1.75€/% vol/ hl 
 
 
0/13.1-14.2€/hl  
 
0/9.9-12.1€/hl  
 
 
 
 
 
 
 
 
 
0/12.1-13.1€/hl  
 
 
0/15.4-20.9€/hl  
 
 
0/1.75€/%vol/hl  Quota A (in containers  of 
<=2 litres (HS220421) in 
January -August, in 
containers of any volume in 
September -December ) 
2016: 77,000,000 litres  
2017: 77,741,300 litres  
2018: 78,482,600 litres  
2019: 79,223,900 litres  
2020: 79,965,200 litres  
Annual increase thereafter 
by 741,300 litres  
 
Quota B (in containers of 
any volume ) 
2016: 33,000,000 litres  
2017: 33,317,700 litres  
2018: 33,635,400 litres  
2019: 33,953,100 litres  
2020: 34,270,800 litres  
Annual increase thereafter 
by 317,700 litres  WT/REG381/1/Rev.1  
 
- 57 - 
 
  Product  Tariff lines  In quota/out quota MFN 
rate (2018)  Quota quantity  
22042992  
22042993, 22042994, 
22042995,  
 
2204299 6, 2204299 7, 
2204299 8  
 
0/9.9€/hl-1.75€/% vol/ hl 
 
Undenatured ethyl 
alcohol  22071000,  
 
22072000  0/19.2€/hl  
 
0/10.2€/hl  80,000 MT  
Source:  The EU authorities and Annex I, Section B of the Agreement . 
Table A2. 2 Tariff rate quotas provided by SACU to the EU  
Product  Tariff lines  In quota/out quota 
MFN rate (2018)  Quota quantity , metric 
tonnes  (MT)  
Wheat and meslina, b, c 100191, 100199  Free 300,000 MT 
Barley  100310,  100390  Free 10,000 MT 
Cheese  04061000 , 04062000 ,  
04063000 , 04064000 ,  
04069012 , 04069022   
04069099  Free 2015: 7 ,250 MT 
2016: 7 ,400 MT 
Increases annually by 150 MT 
Pig fat  02091000  Free 200 MT 
Cereal based food 
preparations Ex190190  MFN less 75%  2,300 MT 
Pork 02032200  
02032990  Gradual phase down  1,500 MT 
 
Butter and other dairy  
fats 04051010  
04059000  Gradual phase down  500 MT 
Ice cream  21050010  
21050020  
21050090  MFN less 50%  150 MT 
Mortadella bologna  16010020  Free 100 MT 
a products  under this TRQ may only be imported through the ports of Walvis Bay in Namibia, and 
Durban and Richards Bay in South Africa.  
b products imported under this TRQ and destined for final consumption in South Africa shall only be 
allowed to enter from 1 February to 31 October . 
c products imported under this TRQ and destined for final consumption in Namibia shall only be 
allowed to enter from 1 March to 30 November.  
Source:  Annex II, Section B of the Agreement.  
 
__________  