31974R3109

16 . 12 . 74 Official Journal of the European Communities No L 336/59

REGULATION (EEC) No 3109/74 OF THE COMMISSION

of 5 December 1974 derogating in respect of the countries which have signed the Cartagena Agreement (Andean Group) 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 application 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 , ,

Article 1 Having regard to the Treaty establishing the Euro­ pean Economic Community ; 1 . Notwithstanding the provisions of Article 1 of Commission Regulation (EEC) No 3106/74 of 5 De­ cember 1974, those products which have acquired the Whereas for the application of the provisions character of originating products in Bolivia, Chile, concerning the tariff preferences granted by the Colombia, Ecuador, Peru and Venezuela (hereinafter Community for certain products originating in devel­ referred to as Andean Group countries) are to be oping countries, the rules of origin are defined for equally considered as products originating in one or the conditions under which these products acquire another of those countries, according to the pro­ the character of originating products, the mode of visions of the Article 1 referred to above and which, proof and the terms as to verification thereof by after being exported from that country, have under­ Commission Regulation (EEC) No 3106/74 0 ) of gone no working or processing in any of the other 5 December 1974 : Andean Group countries or have not undergone sufficient working or processing there to confer on them the character of products originating in any of those countries by virtue of the provisions of the Whereas in the context of the Cartagena Agreement Article 1 referred to above, provided .that : ( Andean Group) a very close economic cooperation has been established between Bolivia, Chile, Colom­ ( a) only products originating in any erf the Andean bia , Ecuador, Peru and Venezuela ( hereinafter Group countries have been used in the course of referred to as Andean Group countries ); whereas the the working or processing; provisions relative to the acquisition of the character o£ originating products laid down in Article 1 of (b) when a percentage rule limits, in the Lists A and -Commission Regulation (EEC) No 3106/74 of 5 De­ B referred to in Article 3 of the Regulation cember 1974 may, with the necessary adaptations, referred to above, the proportion in value of non­ contribute to the facilitation of this cooperation and originating products that can be incorporated encourage the use in one Andean Group country of under certain circumstances, the added value has products originating in the other Andean Group been acquired in each of the countries in accord­ countries ; whereas the said provisions should ance with the percentage rule contained in the be amended accordingly and special rules for the said lists without any possibility of cumulation proof of the character of originating products and from one country to another. to methods of verification should be laid down ; whereas for this purpose it is necessary to centralize the requests for verification to a common adminis­ 2. For the purpose of . implementing paragraph 1 (a ), trative 'body of the aforesaid group ; the fact that products other than those referred to therein are used in a proportion not exceeding in total value 5% of the value of the products obtained Whereas the measures provided for in this Regulation and imported into the Community does not affect are in accordance with the Opinion of the Committee thie determination of origin of the latter products, on Origin , provided that the products so, used would not have caused them to lose the status of products originating in one of the ASEAN countries from which they had been exported previously, had they been incorporated ( J ) See page 1 of this Official Journal . there .

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3 . In the cases referred to in paragraph 1 (b ) no non­ is given by the certificate referred to in paragraph 1 originating product may be incorporated if it under­ and issued under the conditions laid down in that goes only the working or processing laid down in paragraph , on the basis of the certificate of origin Article 3 ( 2) of Commission Regulation ( EEC ) No Form A issued previously. 3106/74 of 5 December 1974 .

Article 4 4. Notwithstanding the provisions of paragraph 1 Notwithstanding the provisions of Article 6 of Com­ and provided that all 'the conditions laid down in that mission Regulation ( EEC ) No 3106/74 of 5 December paragraph are nevertheless fulfilled , the products obtained shall not continue to be considered as prod­ 1974, the products mentioned in Article 1 shall on ucts obtained shall not continue to be considered as import into the Community benefit from the provi­ products originating in the first Andean Group sions on tariff preferences set out in that Article upon country of exportation unless the value of the prod­ submission of a certificate of origin Form A issued ucts worked or processed in that country represents by the authority in the Andean Group country from the highest percentage of the value of 'the products which the products are exported to the Community obtained . If this is not so, the 'latter products are on the basis of certificates of origin Form A issued considered as originating in the ASEAN country previously. where the added value acquired represents the highest percentage of their value. Article 5

The certificates referred to in Articles 3 and 4 must Article 2 indicate :

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

' CUMULATION ANDEAN GROUP ' 2 . For the application of the provisions of Article 1 — in box 12 'Declaration by the exporter' that the ( 1 ) ( b ) and (4 ), ' added value' shall be understood as products fulfil the conditions of origin required meaning the difference between the ex-works price of the goods obtained , less internal taxes refunded by the generalized system of preferences in order to be exported to the ' European Economic or refundable on exportation from the country concerned, and the customs value of all the products Community '. imported and worked or processed in that country. Article 6

Article 3 1 . The provisions of Articles 1 to 5 above are only applicable in so far as the rules regulating the trade 1 . Where Article 1 is applied , the proof of character between each of the countries cited above , in the of originating products in the case of Article 1 of context of this Regulation , are identical to the pro­ Commission Regulation ( EEC) No 3106/74 of 5 De­ visions laid down in Commission Regulation (EEC) cember 1974 of products obtained in the first Andean No 3106/74 of 5 December 1974 as well as this Group country and exported to another Andean Regulation . Group country is given by a certificate of origin Form A , a specimen of which is given in the Annex 2 . In addition, each Andean Group country under­ to Commission Regulation ( EEC ) No 3106/74 of takes with the Commission of the European Com­ .5 December 1974 . This certificate shall be issued by munities , through the 'Junta del Acuerdo de Carta­ the governmental authorities of the country of export gena ' to respect, or to ensure respect for, the rules authorized for the issue of certificates of origin in the concerning the making out and issuing of certificates context of Commission Regulation ( EEC ) No 3106/74 of origin Form A as well as those relative to the of 5 December 1974 . administrative cooperation contained in Articles 7 and 8 below . 2 . Where Article 1 is applied , the proof of character of originating products — in the sense of that Article Article 7 — of products that have been held or have undergone in only one of the Andean Group countries the processing laid down in that Article and exported 1 . Retrospective verifications of the certificates Form from that country to another Andean Group country A mentioned in Article 3 s-hall be carried out at

16 . 12 . 74 Official Journal of the European Communities No L 336/61

random , and whenever the authorities envisaged in 2 . The Andean Group countries shall communicate that Article in the Andean Group countries where to the Commission 'the address of the 'Junta del the products have remained before their re-export Acuerdo de Cartagena'. The Commission shall com­ in the same state or are submitted to the working municate this information to the customs authorities or processing envisaged in Article 1 have reasonable of the Member States . doubt as to the authenticity of the information 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 the Annexes A to Council Regulations (EEC) No Form A to 'the 'J l,nta del Acuerdo de Cartagena' 3045 /74 ( 1 ) and ( EEC) No 3046/74 ( 2) of 2 December 1974 . indicating in each case the reasons of form or substance which justify an enquiry . They shall for­ ward any information which may be available and Article 10 which tends to show that the particulars on the cer­ tificate or on the form are inaccurate . The Explanatory Note annexed to this Regulation Article <V forms an integral part of this Regulation .

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 Regu­ This Regulation shall enter into force on lation ( EEC) No 3106/74 of 5 December 1974 . 1 January 1975 . However, by way of derogation ifrom the provisions of paragraph 2 of this Article the appropriate customs authorities in the Community shall return the certifi­ cate of origin Form A to the 'Junta del Acuerdo de (■) OJ No L 329 , 9 . 12 . 1974 , p. 1 . Cartagena '. (3) 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 ) ( h), 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 .