31974R2134

14. 8 . 74 Official Journal of the European Communities No L 225/ 1

I

(Acts whose publication is obligatory)

REGULATION ( EEC) No 2134 /74 OF THE COUNCIL of 9 August 1974 on the application of Recommendation No 1 /74 of the EEC-ARE Joint Committee laying down the methods of administrative cooperation in the customs field for the purpose of implementing the Agreement between the Euro­ pean Economic Community and the Arab Republic of Egypt

THE COUNCIL OF THE EUROPEAN Whereas it is necessary to implement the provisions COMMUNITIES , of this Recommendation in the Community,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 HAS ADOPTED THIS REGULATION : thereof ; Article 1 Having regard to the proposal of the Commission ; Whereas an Agreement (') between the European For the purpose of implementing the Agreement Economic Community and the Arab Republic of between the European Economic Community and the Egypt was signed on 18 December 1972, and entered Arab Republic of Egypt the measures provided for in into force on 1 November 1973 ; Recommendation No 1 /74 of the Joint Committee shall apply in the Community. Whereas pursuant to Article 17(2) of the Protocol concerning the definition of the concept of 'origi­ The text of the Recommendation is annexed to this nating products' and methods of administrative coop­ Regulation . eration , which is an ' integral part of that Agreement, the Joint Committee adopted Recommendation No Article 2 1 /74 laying down the methods of administrative coop­ eration in the customs field for the purpose of imple­ This Regulation shall enter into force on 1 September 1 974 . menting the said Agreement ;

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

Done at Brussels, 9 August 1974 . For the Council The President

13 . DESTREMAU

(') OJ No 1 . 2*1 . 7 . y . I p. 1

No L 225 / 2 Official Journal of the European Communities 14. 8 . 74

ANNEX

RECOMMENDATION OF THE JOINT COMMITTEE NO 1 /74 laying down the methods of administrative cooperation in the customs field for the purpose of implementing the Agreement between the European Economic Community and the Arab Republic of Egypt

THE JOINT COMMITTEE, A.ET.l form is duly completed . In particular, they shall check whether the space reserved for the descrip­ Having regard to the Agreement between the Euro­ tion of the goods has been completed in such a pean Economic Community and the Arab Republic of manner as to exclude any possibility of fraudulent Egypt signed in Brussels on 18 December 1972 ; additions . To this end , the description of the goods must be indicated without leaving any blank lines. Having regard to the Protocol concerning the defini­ Where the space is not completely filled , a horizontal tion of the concept of 'originating products' and line must be drawn below the last line of the descrip­ methods of administrative cooperation , and in parti­ tion , the empty space being crossed through . cular Article 1 7 (2) thereof ;

Whereas it is necessary, for the proper functioning of 2 . Since the movement certificate constitutes the the Agreement, to organize close administrative coop­ documentary evidence for the application of the pref­ eration between the Contracting Parties to the Agree­ erential tariff and quota arrangements laid down in ment in order to ensure correct and uniform applica­ the Agreement, it shall be the responsibility of the tion of the customs provisions contained therein , in customs authorities of the exporting country to take particular those of the Protocol concerning the defini­ any steps necessary to verify the origin of the goods tion of the concept of 'originating products' and and to check the other statements on the certificate . methods of administrative cooperation (hereinafter called 'the Protocol '),

III . Exports from a Member State of the Euro­ HAS RECOMMENDED THE EUROPEAN ECONOMIC pean Economic Community or from the Arab COMMUNITY AND THE ARAB REPUBLIC OF EGYPT Republic of Egypt to take the measures necessary for application of the following provisions : 1 . The A.ET.l movement certificate shall be issued by the customs authorities of a Member State of the EuropeaYi Economic Community if the goods to be A. RULES GOVERNING THE ISSUE OF AN A.ET.l exported can be considered products originating in MOVEMENT CERTIFICATE the Community within the meaning of Article 1 ( 1 ) of the Protocol . I. Role of the exporter 2 . The A.ET.l movement certificate shall be issued 1 . It shall be for the exporter or his authorized by the customs authorities of the ARE if the goods to representative, under the former's responsibility, to be exported can be considered products originating in apply for the issue of a movement certificate . the ARE within the meaning of Article 1 (2) of the Protocol . This application shall be made out on an A.ET.l form of which a specimen is to be found in Annex V to the Protocol . The form must be completed in accordance 3 . For the purpose of verifying whether the condi­ with the provisions of the Protocol . tions stated in paragraphs 1 and 2 of Section III above have been met , the customs authorities shall have the 2 . The exporter or his representative shall submit right to call for any documentary evidence or to carry with his application any appropriate supporting docu­ out any check which they consider appropriate . ment proving that the goods to be exported are elig­ ible for the issue of a movement certificate . 4 . The customs authorities of the Member State or II . Role of the customs authorities of the ARE shall refuse to issue an A.ET.l movement certificate if the export documents submitted to those 1 . It shall be the responsibility of the customs authorities reveal that the goods to which they relate authorities of the exporting country to ensure that the are not being sent to the ARE or to the Community .

14 . 8 . 74 Official Journal of the European Communities No L 225/3

IV . Indication of the date of issue of the certifi­ their possession . The duplicate issued in this way cate must be endorsed with one of the following words : ' Duplikat', ' Duplicata', ' Duplicato', ' Duplicaat', ' Dupli­ The date of issue of the movement certificate must be cate'. indicated in the part of the certificate reserved for the customs authorities . The duplicate, which must bear the date of issue of the original movement certificate, shall take effect as from that date . V. Provisions of specimen impressions of the types of stamps, used

The customs authorities of the Member States and the B. CONDITIONS APPLICABLE TO THE USE OF A.ET.l MOVEMENT CERTIFICATES ARE shall provide each other, through the Commis­ sion of the European Communities , with specimen impressions of the types of stamps used in their I. Direct transport of goods customs offices for the issue of movement certificates . Goods transported without passing through territories VI . Replacement of A.ET.l movement certifi­ other than those of the Contracting Parties shall be cates by certificates of the same kind considered us transported direct .

1 . It shall always be possible to replace one or more The following shall, however, not be considered as an movement certificates by one or more certificates, interruption of direct transport : provided that this is done at the customs office where (a) calling at ports situated in territories other than the goods are located . those of the Contracting Parties ; 2 . Where the new movement certificate relates to (b) transhipments in such ports attribuable to force products which were originally imported from a majeure or events at sea ; Member State or from the ARE and are re-exported in (c) passing through territories other than those of the the same state, it must indicate the country in which Contracting Parties or transhipment in such territo­ the original movement certificate was issued . ries provided that carriage or transhipment through such territories is covered by a single VII . Retrospective • issue of movement certifi­ transport document made out in a Member State or in the ARE . cates

1 . Where a certificate is issued within the meaning II . Acceptance of movement certificates after of Article 8 (2) of the Protocol after the goods to expiry of the time limit for their submission which it relates have actually been exported , the exporter must, in the application referred to in Article Movement certificates submitted to the customs 7 of the said Protocol : authorities of the importing country after expiry of — indicate the place and date of exportation of the the time limit for their submission stipulated in goods to which the certificate relates ; Article 9 of the Protocol may be accepted for the purpose of applying the preferential arrangements, — certify that no certificate was issued at the time of provided the failure to observe this time limit results exportation of the goods in question , and state the reasons . from force majeure or exceptional circumstances .

In addition , the customs authorities of the importing 2 . The customs authorities may issue a movement country may accept such certificates provided the certificate retrospectively only after verifying that the goods were presented to them before expiry of the particulars supplied in the exporter's application agree said time limit . with those on the corresponding document.

Certificates issued retrospectively must be endorsed III . Acceptance of movement certificates in with one of the following phrases : ' Nachtraglich which the particulars do not correspond to the ausgestellt', Delivre a posteriori ', 'Rilasciato a poste­ imported goods riori', 'Afgegeven a posteriori ', ' Issued retrospectively', ' Udstedt efterfolgende '. The discovery of slight discrepancies between the particulars entered on the movement certificate and VIII . Issue of duplicates those entered on the documents produced to the customs office for the purpose of carrying out the In the event of the theft , loss or destruction of a move­ formalities for importing the goods shall not ipso ment certificate , the exporter may apply to the jdcto render the certificate null and void , provided it customs authorities which issued it for a duplicate is duly established that the certificate relates to the made out on the basis of the export documents in goods presented .

No L 225/4 Official Journal of the European Communities 14. 8 . 74

C. FREE ZONES the importing State have reasonable doubt as to the authenticity of the document or the accuracy of the I. The Member States and the ARE shall take all information regarding the true origin of the goods in necessary stops to ensure that goods traded under the question . cover of a movement certificate , which in the course of transport use a free zone situated in their territory, are not substituted by other goods and that they do II . For the purpose of implementing the provisions not undergo handling other than normal operations of paragraph I above, the customs authorities of the designed to prevent their deterioration . importing State shall return the movement certificate or Part 1 of the A.ET.2 form or a photocopy thereof, II . When products originating in the Community to the customs authorities of the exporting State, or the ARE and imported into a free zone under the giving, where appropriate , the reasons of form or cover of a movement certificate undergo treatment or substances for an inquiry. The invoice, if it has been processing, the customs authorities concerned must submitted, or a copy thereof, shall be attached to Part issue a new certificate at the exporter's request if the 1 of the A.ET.2 form and tl^e customs authorities shall treatment or processing undergone is in conformity forward any information that has been obtained sugg­ with the provisions of the Protocol . esting that the particulars given on the said certificate or the said form are inaccurate . D. POSTAL PACKETS ( INCLUDING PARCEL If the customs authorities of the importing State POST) decide to suspend application of the provisions of the I. Under the responsibility of the exporter, he or Agreement while awaiting the results of the verifica­ tion , they shall offer to release the goods to the his representative shall complete and sign the two parts of an A.ET.2 form, of which a specimen is importer subject to such safeguards as they consider annexed to the Protocol . necessary . III . The customs authorities of the importing If the goods contained in the packet have already State shall be informed of the results of the verifica­ been subject to verification in the exporting country tion within three months . These results must be such by reference to the definition on the concept of 'origi­ as to make it possible to determine whether the nating products', the exporter may refer to this check disputed A.ET.l movement certificate or A.ET.2 form in the space reserved for 'Remarks' in the A.ET.2 form . applies to the goods actually exported, and whether these goods can , in fact, qualify for the application of II . The exporter shall enter the title, 'A.ET.2', the preferential arrangements . followed by the serial number of the form on the IV . When such disputes cannot be settled between green label CI or customs declaration C2/ CP3 . He shall also enter both those numbers on the invoice the customs authorities of the importing State and those in the exporting State or when they raise a ques­ relating to the goods contained in the packet. tion as to the interpretation of the Protocol , they shall be submitted to the Customs Cooperation Committee . E. SUBSEQUENT VERIFICATION OF A.ET.l MOVE­ MENT CERTIFICATES AND A.ET.2 FORMS V. For the purpose of the subsequent verification of certificates, the customs authorities of the exporting I. Subsequent verification of A.ET.l movement country must keep the export documents, or copies of certificates and A.ET.2 forms shall be carried out at certificates used in place thereof, for not less than two random , and also whenever the customs authorities of years .

Done at Cairo, 27 May 1974.

For the Joint Committee The President

M. ZOULFIKAR

The Secretaries

H. GAD-ELHAK E. GERMANO