Direct transport or non-manipulation or non-alteration rules
Direct transport rule
To benefit from the preference, originating products must be transported directly from the exporting party’s territory to the territory of the European Union (and vice versa) without passing through the territory of any third country. The purpose of this rule is to ensure that the products arriving in the country of import are the same as those which left the country of export.
However, products may be transported through a third country’s territory with possible transshipment or temporary warehousing without losing their originating status, provided they remain under surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.
The importer must be able to prove that this condition is fulfilled, otherwise preferential treatment is denied by the customs authorities irrespective of the originating status of the products.
Non-manipulation or non-alteration rule
In certain preferential trade arrangements the direct transport rule is defined as a “non-manipulation” or “non-alteration” rule. Under this less cumbersome variation, the splitting of consignments and operations for the adding or affixing marks, labels, seals or any other documentation to ensure compliance with specific domestic requirements are allowed in addition to those of direct transport (unloading, reloading or any operation designed to preserve products in good condition), when carried out by the exporter or under his responsibility.
The requirements are deemed to have been met unless the customs authorities have reasons to believe the contrary. In such cases importers may be required to provide evidence of compliance, which can be those documents mentioned for direct transport.
Additionally, other factual or concrete evidence based on marking or numbering of packages or any evidence related to the products themselves may also be presented.