31974R3107

16 . 12. 74 Official Journal of the European Communities No L 336/53

REGULATION (EEC) No 3107/74 OF THE COMMISSION

of 5 December 1974

derogating in respect of the countries of the Association of South East Asian Nations from Articles 1 , 6 and 13 of Commission Regulation (EEC) No 3106/74 of 5 December 1974 on the definition of the concept of originating products for purposes of the appli­ cation of tariff preferences granted by the European Economic Community in respect of certain products from developing countries

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES ,

Article1¶

Having regard to the Treaty establishing the European Economic Community; 1 . Notwithstanding the provisions of Article 1 of Commission Regulation (EEC) No 3106/74 of 5 December 1974, those products which have Whereas for the application of the provisions acquired the character of originating products in Indonesia, Malaysia, the Philippines, Singapore and concerning the tariff preferences granted by the Thailand (hereinafter referred to as ASEAN countries) Community for certain products originating in developing countries, the rules of origin are defined are to be equally considered as products originating for the conditions under which these products in one or another olf those countries, according to the provisions of the Article 1 referred to above and acquire the character of originating products, the which, after being exported from that country, have mode of proof and the terms as to verification thereof by Commission Regulation (EEC) No 3106/ undergone no working or processing in any of the other ASEAN countries or have not undergone 74 (.*) of 5 December 1974 ; sufficient working or processing there to confer on them the character of products originating in any of Whereas the Association of South East Asian Nations those countries by virtue of the provisions of the Article 1 referred to above, provided that: has established very close economic cooperation between Indonesia, Malaysia, the Philippines, Singa­ ( a) only products originating in any of the ASEAN pore and Thailand (hereinafter referred to as ASEAN countries have been used in the course of the countries); whereas the provisions relative to the working or processing ; acquisition of tfhe character of originating products laid down in Article 1 of Commission Regulation (b) when a percentage rule limits, in the Lists A and (EEC) No 3106/74 of 5 December 1974 may, with B referred to in Article 3 of the Regulation the necessary adaptations, contribute to the facili­ referred to above, the proportion in value of non­ tation of this cooperation and encourage the use in originating products that can be incorporated one ASEAN country of products originating in the under certain circumstances, the added value has other ASEAN countries ; whereas the said provisions been acquired in each <jf the countries in should be amended accordingly and special rules for accordance with the percentage rule contained the proof of the character of originating products and in the said lists without any possibility of cumula­ methods of verification should be laid down ; tion from one country to another. whereas for this purpose it is necessary to centralize the requests for verification to a common adminis­ trative body of the aforesaid association ; 2. For the purpose of implementing paragraph 1 (a ), the fact that products other than those referred to therein are used in a proportion not exceeding in Whereas the measures provided for in this Regula­ total value 5 % of the value of the products obtained tion are in accordance with the Opinion of the and imported into the Community does not affect Committee on Origin, the determination of origin of the latter products, provided that the products so used would not have caused them to l-ose the status of products originating in one of the ASEAN countries from Which they had been exported previously, had they been incorporated (*) See page 1 of this Official Journal . there .

No L 336/54 Official Journal of the European Communities 16 . 12 . 74

3 . In the cases referred to in paragraph 1 ( b) no Article 4 non-originating product may be incorporated if it undergoes only the working or processing laid down Notwithstanding the provisions of Article 6 of in Article 3 (2) of Commission Regulation (EEC) Commission Regulation (EEC) No 3106/74 of No 3106/74 of 5 December 1974. 5 December 1974, the products mentioned in Article 1 shall on import to ithe Community benefit from the 4. Notwithstanding the provisions of paragraph 1 provisions on tariff preferences set out in chat Article and provided that all the conditions laid down in upon submission of a certificate of origin Form A that paragraph are nevertheless fulfilled, the products issued by the authority in the ASEAN country from obtained shall not continue to he considered as which the products are exported to the Community products originating in the first ASEAN country of on 'the basis of certificates of origin Form A issued exportation unless the value of the products worked previously. or processed in that country represents the highest percentage of the value of the products obtained. If this is not so, the latter products are considered as Article 5 originating in the ASEAN country where the added value acquired represents the highest percentage of their value . The certificates referred to in Articles 3 and 4 must indicate :

Article 2 — in box 4 'For official use' the ASEAN country in which the goods originate as well as one of the 1 . For the application of the provisions of Article 1 , following phrases : the provisions of Article 4 of Commission Regulation ' CUMUL ANASE ' (EEC) No 3106/74 of 5 December 1974 are applicable. ' CUMULATION ASEAN'

2. For the application otf the provisions of Article 1 — in box 12 'Declaration by the exporter' that the ( 1 ) ( b) and (4), ' added value' shall be understood products fulfil the conditions of origin required as meaning the difference between the ex-works price by the generalized system of preferences in order of the goods obtained, less internal taxes refunded or to be exported to the 'European Economic refundable on exportation from the country Community'. concerned and the customs value of all the products imported and worked or processed in that country.

Article 6 Article 3 1 . The provisions of Articles 1 to 5 above are only 1 . Where Article 1 is applied, the proof of character applicable in so far. as the rules regulating the trade of originating products in ithe case of Article 1 of between each of the countries cited above, in the Commission Regulation (EEC) No 3106/74 of context of this . Regulation, aire identical to the 5 December 1974 df products obtained in the first provisions laid down in Commission Regulation ASEAN country and exported to another ASEAN (EEC) No 3106/74 of 5 December 1974 as well as country is given by a certificate of origin Form A, this Regulation . a specimen of which is given in the Annex to Commission Regulation (EEC) No 3106/74 of 5 December 1974. This certificate shall be issued by 2; In addition, each ASEAN country undertakes the governmental authorities of the country of export with the Commission of the European' Communities, authorized for the issue of certificates of origin in the through the Special Coordinating Cornmittee of context of Commission Regulation (EEC) No 3106/ ASEAN (hereinafter referred to as SCCAN); to 74 of 5 December 1974. respect, or to ensure respect for, the rules concerning the making out and issuing of certificates of origin 2. Where Article 1 is applied, the proof of character Form A as well as those relative to the administrative of originating products — in the sense of that cooperation contained in Articles 7 and 8 below. Article — of products that have been held or have only undergone in one of the ASEAN countries the processing laid down in that Article and exported Article 7 from that country to another ASEAN country is given by the certificate referred to in paragraph 1 and issued under the conditions laid down in that para­ 1 . Retrospective verifications of the certificates Form graph, on the basis of the certificate of origin Fbrm A A mentioned in Article 3 shall be carried out at issued previously. random, and whenever the authorities envisaged

16 . 12 . 74 Official Journal of the European Communities No L 336/55

in that Article in the ASEAN countries where the 2 . The ASEAN countries shall communicate to the products have remained before their re-export in the Commission the address of SCCAN — Special same state or are submitted to the working or Coordinating Committee of ASEAN. The processing envisaged in Article 1 have reasonable Commission shall comunicate this information to the doubt as to the authenticity of the information customs authorities of itihe Member States . regarding the true origin of the goods in question .

Article 9 2. For the purpose of applying the provisions of paragraph 1 , the customs authorities mentioned in This Regulation does not apply to the products listed that paragraph shall send the certificate of origin in ithe Annexes A of Council Regulations (EEC) Form A to SCCAN — Special Coordinating Com­ No 3045/74 (*) and (EEC) No 3046/72 (2) of mittee of ASEAN — indicating in each case the 2 December 1974 . reasons of form or substance which justify an enquiry. They shall forward any information which may be available and which tends to show that the Article 10 particulars on the certificate or on the form are inaccurate . The Explanatory Note annexed to this Regulation forms an iintegra'l part oi this Regulation. Article 8 1 . Retrospective verification >of the certificates Form Article 11 A mentioned in Article 4 are to be carried out in the case envisaged in Article 13 of Commission Regula­ This Regulation shall enter into force on 1 January tion (EEC ) No 3106/74 of 5 December 1974. 1975 . However, by way of derogation from the provisions of paragraph 2 of this Article the appropriate customs authorities in the Community shall return the certificate of origin Form A to SCCAN — Special O OJ No L 329, 9. 12 . 1974, p. 1 . Coordinating Committee of ASEAN. (2) OJ No L 329 , 9 . 12 . 1974 , p. 9 .

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

Done at Brussels, 5 December 1974.

For the Commission

The President

Francois-Xavier ORTOLI

ANNEX

Explanatory Note to Article 1

For the purpose of implementing Article 1 ( 1 ) (b), the percentage rule must be observed by refer­ ring, for the added value acquired , to the provisions contained in Lists A and B referred to in Article 3 of Commission Regulation (EEC) No 3106/74 of 5 December 1974. Where the products obtained appear in List A , the percentage rule therefore constitutes a criterion additional to that of change of tariff heading for any non-originating product used .