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free trade agreement between the efta states and the republic of serbia

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- 10 -regarded as originating, provided that <strong>the</strong> value <strong>of</strong> <strong>the</strong> non-originating products does notexceed 15 per cent <strong>of</strong> <strong>the</strong> ex-works price <strong>of</strong> <strong>the</strong> set.Article 11Neutral ElementsIn order to determine whe<strong>the</strong>r a product is an originating product, it shall not benecessary to determine <strong>the</strong> origin <strong>of</strong> <strong>the</strong> following which might be used in itsmanufacture:(a)(b)(c)(d)energy <strong>and</strong> fuel;plant <strong>and</strong> equipment;machines <strong>and</strong> tools; orgoods which do not enter <strong>and</strong> which are not intended to enter into <strong>the</strong>final composition <strong>of</strong> <strong>the</strong> product.TITLE IIITERRITORIAL REQUIREMENTSArticle 12Principle <strong>of</strong> Territoriality1. Except as provided for in subparagraph 1 (c) <strong>of</strong> Article 2, Articles 3 <strong>and</strong> 4 <strong>and</strong>paragraph 3 <strong>of</strong> this Article, <strong>the</strong> conditions for acquiring originating status set out in TitleII must be fulfilled without interruption in an EFTA State or Serbia.2. Except as provided for in Articles 3 <strong>and</strong> 4, where originating goods exportedfrom an EFTA State or Serbia to ano<strong>the</strong>r country return, <strong>the</strong>y must be considered asnon-originating, unless it can be demonstrated to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> customsauthorities that:(a)(b)<strong>the</strong> returning goods are <strong>the</strong> same as those exported; <strong>and</strong><strong>the</strong>y have not undergone any operation beyond that necessary to preserve<strong>the</strong>m in good condition while in that country or while being exported.3. The acquisition <strong>of</strong> originating status in accordance with <strong>the</strong> conditions set out inTitle II shall not be affected by working or processing done outside an EFTA State or

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