Direct transport
Condition requiring that goods benefiting from preferential treatment be transported directly between the countries party to the agreement, without manipulation in a third country.
Definition and principle
Direct transport (or non-manipulation rule, direct transport rule) is a condition imposed by free trade agreements to ensure that goods benefiting from preferential treatment have not been altered, processed, or released into free circulation in a third country during their transport between the exporting and importing countries.
Legal framework
The direct transport rule is present in virtually all origin protocols of EU free trade agreements. In recent agreements (TCA, CETA, JEFTA), it is often replaced by a less restrictive non-alteration rule. The relevant articles appear in origin protocols under the heading "Direct transport" or "Non-alteration". Implementing Regulation (EU) 2015/2447 frames the implementing provisions.
Conditions to meet
- Goods must be transported directly from the exporting country to the importing country
- Transit through third countries is permitted provided goods remain under customs supervision and undergo only preservation operations (unloading, reloading, splitting)
- In case of transit through a third country, the importer must be able to justify the continuity of transport (transport documents, non-manipulation certificates from transit country customs)
- Goods must not be released into free circulation in the transit country
Recent evolution
- The trend in modern agreements is to replace direct transport with non-alteration, which focuses on product integrity rather than transport route
- Non-alteration allows storage and splitting in third countries, provided goods remain under customs control and are not modified
- This evolution reflects the reality of modern logistics chains with transhipment hubs