31971R2860

Official Journal of the European Communities 81

Official Journal of the European Communities No L 289/ 1

REGULATION (EEC) No 2860/7 1 OF THE COUNCIL of 20 December 1 97 1 concerning the application of Decision No 40/71 of the Council of Association provided for by the Convention of Association between the European Economic Community and the African States and Madagascar associated with the Community

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Convention of Association and on methods of adminis­ trative cooperation; Having regard to the Treaty establishing the European Economic Community , and in particular Article 113 Whereas the Committee of Association provided for by thereof; that Convention adopted Decision No 40/71 of the Council of Association amplifying and amending Deci­ Having regard to the Internal Agreement 1 on the meas­ sion No 36/71 of the Council of Association; ures to be taken and the procedures to be followed for purposes of application of the Convention of Associa­ Whereas, in accordance with Article 46 of that Conven­ tion between the European Economic Community and tion, measures should be taken to implement that Deci­ the African States and Madagascar associated with the sion, Community , and in particular Article 2 thereof; HAS ADOPTED THIS REGULATION : Having regard to the proposal from the Commission ; Article 1 Whereas a Convention of Association between the Euro­ Decision No 36/71 of the Council of Association, an­ pean Economic Community and the African States and nexed to Regulation (EEC) No 1251/71 , shall be sup­ Madagascar associated with the Community2 was plemented and amended in accordance with Decision No signed on 29 July 1969 and entered into force on 1 Janu­ 40/71 of the Council of Association annexed to this ary 1971 ; Regulation. Whereas Council Regulation (EEC) No 125 1/71 3 Article 2 brought into effect Decision No 36/71 of the Council of Association on the definition of the concept of This Regulation shall enter into force on 1 January 'originating products' for the application of Title I of the 1972.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 1971 .

For the Council The President M. PEDINI

' OJ No L 282, 28.12.1970, p. 44. 2 OJ No L 282, 28.12.1970, p. 2. 3 OJ No L 135 , 21.6.1971 , p. 1 .

82 Official Journal of the European Communities

DECISION No 40/ 71 of the Council of Association amplifying and amending Decision No 36/71 of the Council of Association on the definition of the concept of 'originating products' for the application of Title I of the Convention of Association and on methods of administrative cooperation

THE COMMITTEE OF ASSOCIATION , HAS DECIDED :

Having regard to the Convention of Association between Article 1 the European Economic Community and the African The following shall be substituted for Article 6 of Deci­ States and Madagascar associated with the Community, sion No 36/71 : signed at Yaounde on 29 July 1969, and in particular Article 10 thereof; "Originating products' within the meaning of this Decision shall be accepted as coming under Title I of the Convention in the importing Member State or Having regard to Decision No 36/71 of the Council of Associated State on production of a movement certifi­ Association on the definition of the concept of cate A.Y.I endorsed by the customs authorities of the ' originating products' for the application of Title I of the exporting Member State or Associated State. Convention of Association and on methods of adminis­ However, for the purposes of this Decision trative cooperation; 'originating products' which form part of postal pack­ ets (including parcel post), in so far as they contain Having regard to Decision No 37/71 of the Council of only 'originating products' and in so far as the value Association authorizing the Committee of Association to does not exceed 600 units of account per packet, shall amend or supplement Decision No 36/71 ; be accepted as coming under Title I of the Convention in the importing Member State or Associated State, Having regard to the draft from the Commission of the on production of form A.Y.2'. European Communities ; Article 2 Whereas an agreement relating to products within the The following Article shall be added to Decision No 36/ province of the European Coal and Steel Community 71 : was signed at the same time as the Convention of Asso­ Article 11a ciation ; Form A.Y.2, of which a specimen is shown in Annex Whereas Decision No 36/71 defines the concept of VI, shall be completed by the exporter. It shall be in 'originating products' for the application of Title I of the one of the official languages in which the Convention Convention of Association and lays down the methods is drawn up, and shall comply with the internal laws of administrative cooperation ; of the exporting Member State or Associated State., It shall be typed or handwritten ; if the latter it shall be completed in ink in block letters . Whereas when it adopted Decision No 36/71 the Coun­ cil of Association left open for the time being various Form A.Y.2 shall consist of two parts, each measur­ special provisions concerning in particular certain prod­ ing 210x 148 mm. White paper shall be used, free of ucts and certain special systems ; mechanical pulp, dressed for writing purposes and shall weigh at least 64 g/m2. The front of Part 1 and Whereas an agreement has been reached within the the label in Part 2 shall bear a band consisting of Committee of Association on the problems left open and three blue stripes, each 3 mm wide, running diagonal­ whereas consequently it is necessary to supplement or ly from the lower left to the top right corner. amend Decision No 36/71 and List B annexed thereto; For A.Y.2 may be perforated by machine so that the two parts and the label of Part 2 may be detachable. Whereas in accordance with Article 35 of Decision No The reverse of the label may be gummed. 36/71 , A.Y.I movement certificates which conform to The Member States and Associated States may them­ the specimen annexed to Decision No 5/66 of 22 April selves print the forms or may entrust the work to prin­ 1966 on the definition of the concept of 'originating ters appointed by them. In the latter case, reference to products' for the application of Title I of the Convention the appointment must appear on each form. Each of Association and on methods of administrative cooper­ form shall bear the name and address of the printer or ation may , as a temporary measure up to and including a mark enabling the printer to be identified.lt shall 31 December 1971 , be endorsed by the customs authori­ also bear an individual serial number.' ties of the exporting Member State or the Associated State and used in manner provided in Decision No 36/ Article 3 71 ; whereas this time limit appears to be insufficient and should be extended for a period of 12 months, The following shall be added to Decision No 36/7 1 :

Official Journal of the European Communities 83

Article lib 'Issue of movement certificates A.Y.I and conditions for the use of movement certificates A.Y.I and forms A form A.Y.2 shall be made out for each postal pack­ A.Y.2.' et. After completing and signing both parts of the form, the exporter shall place his declaration (Part 1) Articles inside the parcel and glue the label from Part 2 on to the outer wrapping of the packet. However, in the Section C (a) and Article 28a drawn up as follows shall case of postal packets to the AAMS, the exporter be added to Title III of Decision No 36/71 : shall address his declaration (Part 1) separately to the 'C(a): Postal packets (including parcel post) addressee.' Article 28a Article 4 1 . The exporter shall be responsible for completing and signing both parts of form A.Y.2, either in person The following Article shall be added to Decision No or by his agent. 36/71 : If on the basis of the definition of the concept of Article 11c 'originating products' the goods contained in the Unless improper use is suspected, the customs author­ packet have already been subject to inspection in the ities of the importing Member State or Associated exporting Member State or Associated State, having State shall accept as coming under Title I of the Con­ regard to the definition of the concept of 'originating vention to the goods contained in a parcel bearing a products' , the exporter may quote references relating label A.Y.2.' to such inspection in the ' Remarks' section of form A.Y.2 (Part 1). Articles 2. The exporter shall write, either on the green label The following shall be substituted for Article 12 of Deci­ CI or customs declaration C2 CP3 or on customs sion No 36/71 : declaration C2N/CP3M, the letters 'A.Y.2' and the serial number of the A.Y.2 form used. He shall also ' 1 . The Member States and Associated States shall, enter these letters and that number on the invoice re­ without requiring production of a movement certifi­ lating to the goods contained in the packet.' cate A.Y.I or completion of form A.Y.2, accept as 'originating products' coming under Title I of the Convention, goods sent in small parcels to individuals Article 9 or contained in the personal luggage of travellers, if The following shall be substituted for Article 29 of Deci­ the goods imported have no commercial character, sion No 36/71 : provided they are declared to comply with the condi­ tions required for the application of these provisions 'Goods sent in small parcels to individuals or con­ and the accuracy of this declaration is not in doubt. tained in the personal luggage of travellers shall be exempt from the production of a movement certificate 2. Importations shall be treated as having no com­ A.Y.I or the making out of a form A.Y.2, where these mercial character if they take place occasionally and are imports satisfying the conditions provided for in consist exclusively of goods for the personal or family Article 12.' use of the consignees or travellers ; the nature or quan­ tity of such goods must not be such as might indicate Article 10 that they are being imported for commercial reasons. Moreover, the total value of these goods must not The following shall be substituted for the headings of exceed 60 units of account for small parcels or 200 Title III E of Decision No 36/71 : units of account for the contents of the personal lug­ 'E - Subsequent verification of movement certificate gage of travellers.' A.Y.I forms A.Y2.'

Article 6 Article 11 The following shall be substituted for Article 13 of Deci­ sion No 36/71 : The following shall be substituted for Article 30 of Deci­ sion No 36/71 : 'The competent authorities of the Member States and Associated States shall afford each other assistance ' 1 . Subsequent verification of movement certificates through their respective customs authorities in veri­ A.Y.I or forms A.Y.2 is to be carried out at random, fying the authenticity and accuracy of the movement and also wherever the customs authorities of the certificates A.Y.I and the exporter's declaration on importing Member State or Associated State have the forms A.Y.2 in order to ensure correct application reasonable doubt as to the authenticity of the docu­ of this Title.' ment or the accuracy of the information relating to the true origin of the goods in question or of certain Article 7 parts thereof. The following shall be substituted for the headings of 2. For the purposes of application of paragraph 1 , Title III of Decision No 36/71 : the customs authorities of the importing country shall

84 Official Journal of the European Communities

return the movement certificate A.Y.I or Part 1 of Article 13 form A.Y.2 to the customs authorities of the export­ The specimen form A.Y.2 annexed to this Decision shall ing country , giving the reasons relating to fact or form be incorporated as Annex VI to Decision No 36/71 : which justify an inquiry . With Part I of form A.Y.2 they shall include the invoice or a copy thereof if this has been produced. They shall attach to Part I of form Article 14 A.Y.2, if it has been produced, the invoice or a copy As a temporary measure, certificates of origin issued thereof, and shall forward any information which it under the European Economic Community Recommen­ has been possible to obtain and which suggests that dation of 10 December 1958 relating to the implementa­ the particulars given on the certificate are inaccurate. tion of Article 133 of the EEC Treaty shall remain in If the customs authorities of the importing country force with regard to postal consignments (packets and decide to suspend application of Title I of the Con­ parcel post), on condition however that they are issued vention pending the results of the verification , they not later than 29 February 1972 and submitted to the shall offer the importer release of the goods subject to customs authorities of importing Member States or As­ such precautionary measures as may be considered sociated States not later than 30 June 1972 . necessary . 3 . The results of subsequent verification shall be Article 15 made known to the customs authorities of the import­ ing country within three months. The result must be The following provision shall be inserted in the third such as to make it possible to ascertain whether the column of Annex III List B to Decision No 36/7 1 before movement certificate A.Y.I or the form A.Y.2 in dis­ the provisions relating to heading No ex 15.10 : pute relates to the goods actually exported and wheth­ 'The incorporation of 'non-originating' materials or er the preferential system does in fact apply to them. parts in machinery and equipment falling within Where no agreement can be reached by the customs Chapters 84 to 92 shall not cause those products to authorities of the importing country and those of the lose the character of 'originating products' provided exporting country or where a problem of interpreta­ that the value of those materials or parts does not tion of the Decision arises in connection with the dis­ exceed 5% of the value of the finished product.' pute, the matter shall be put before the Customs Coop­ eration Committee provided for in Article 31 . Article 16 In any event, the settlement of disputes between the In the second paragraph of Article 35 of Decision No importer and the customs authorities of the importing country shall remain subject to the laws of that coun­ 36/71 , the date ' 31 December 1972' shall be substituted for ' 31 December 1971 '. try . For the purpose of subsequent verification of the cer­ tificates, the export documents or copies of certifi­ Article 17 cates in lieu thereof must be retained by the customs The Associated States , the Member States and the authorities of the exporting country for two years .' Community shall, each respectively for its part, take the measures required for implementation of this Decision.

Article 12 This Decision shall enter into force on 1 January 1972. The following shall be substituted for the first paragraph of Article 35 of Decision No 36/71 : Done at Brussels , 23 November 1971 . 'The explanatory notes, lists A , B and C , the specimen of movement certificate A.Y.I and the specimen of form A.Y.2 which are annexed to this Decision shall The President ofthe Committee ofAssociation form an integral part thereof.' A. SISSOKO

This rule shall, however, not apply as regards the Member States of the EEC to goods imported from an Associated State and re-exported to another Associated State, except where the Associated State in which the goods originate is eligible in the Associated State of destination for the same treatment as the Member States of the EEC .

Note : When applying this rule, the Member country of origin which should be shown in the movement certificate is the one from which the goods were originally imported FORM A.Y.2 (PART I)

YAOUNDE CONVENTION OF ASSOCIATION LABEL A.Y.2 A oooooo

Declaration by the exporter Description of goods

I, the undersigned, exporter of the goods described herein and contained in this postal packet

— declare that they are in (exporting member country)

in the conditions set out on the reverse side of Part 2 of this declaration ;

— undertake to submit at the request of the appropriate authorities, any supporting PARCEL evidence which they may require and to agree to any inspection of my accounts by these authorities and any verification by them of the processes of manufacture Remarks (') : THE of the goods described herein . IN

Member country of destination

At on . INSERTED BE Authorities in the exporting Member country respon­ sible for subsequent verification of declarations by TO exporters (2) :

( Signature of exporter)

Exporter ; ( Name and forename, or name of firm, and full address of exporter)

(*) Give the references of any verification already carried out by the competent authorities. ( 2) Name the competent authorities under national provisions.

REQUEST FOR VERIFICATION RESULT OF VERIFICATION

The undersigned customs officer requests verification that the decla­ A verification carried out by the undersigned customs officer has ration by the exporter on the front of this form be verified (') shown that : ( 1 ) the details and information given in this form are correct ('); (2) this form does not satisfy the requirements as to conditions of authenticity and accuracy ( see remarks annexed hereto) (').

At on At on

Official Official Stamp Stamp

( Signature of customs officer ) ( Signature of customs officer)

(') Delete as ncecssary

(') Subsequent verification of forms A.Y.2 is to be carried out at random , and whenever the customs authorities of the importing member country have reasonable doubt as to the true origin of the goods in question or of certain parts thereof. The customs authorities of the importing member country must send Part I of form A.Y.2 to the authorities responsible for verification in the exporting member country specifying the reasons relating to fact or form which justify an inquiry. Wherever possible they shall attach to that form the invoice submitted to them , or a copy thereof, and give any information which it has been possible to obtain and which suggests that the particulars given on the form A.Y.2 are inaccurate.

This rule shall, however, not apply as regards the Member States of the EEC to goods imported from an Associated State and re-exported to another Associated State, except where the Associated State in which the goods originate is eligible in the Associated State of destination for the same treatment as the Member States of the EEC .

Note : When applying this rule, the Member country of origin which should be shown in the movement certificate is the one from which the goods were originally imported

FORM A. Y. 2 (PART I )

YAOUNDÉ CONVENTION OF ASSOCIATION LABEL A.Y.2 0 0 0000

Declaration by the exporter Description of goods

I , the undersigned, exporter of the goods described herein and contained in this postal packet

declare that they are in ( exporting member country)

in the conditions set out on the reverse side of Part 2 of this declaration ;

— undertake to submit at the request of the appropriate authorities, any supporting PARCEL evidence which they may require and to agree to any inspection of my accounts by these authorities and any verification by them of the processes of manufacture THE Remarks (') : of the goods described herein . IN

Member country of destination

At : on INSERTED BE Authorities in the exporting Member country respon­ sible for subsequent verification of declarations by TO exporters (2) :

( Signature of exporter)

Exporter : ( Name and forename, or name of firm, and full address of exporter)

C ) Give the references of any verification already carried out by the competent authorities. (2 ) Name the competent authorities under national provisions.