31975R3215

15 . 12 . 75 Official Journal of the European Communities No L 323 /53

REGULATION (EEC) No 3215/75 OF THE COMMISSION of 3 December 1975

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 3214/75 of 3 December 1975 on the definition of the concept of originating products for purposes of the applica­ tion 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 Euro­ 1 . Notwithstanding the provisions of Article 1 of pean Economic Community ; Commission Regulation (EEC) No 3214/75 of 3 December 1975 , there shall also be considered as products originating in Indonesia, Malaysia, the Whereas, for the purposes of implementation of the Philippines, Singapore or Thailand (hereinafter provisions concerning the tariff preferences , granted referred to as ASEAN countries) those products by the Community for certain products originating which have in accordance with those provisions in developing countries, rules of origin are by acquired in one of those countries the status of orig­ Commission Regulation (EEC) No 3214/75 (*) of inating products and which after being exported 3 December 1975 laid down concerning the conditions from that country have undergone no working or under which these products acquire the status of processing in any other ASEAN country or have not originating products and the mode of proof and veri­ undergone sufficient working or processing in any fication of their status ; such other country to confer on them by virtue of the said provisions the status of products originating in that other country, provided that: Whereas the Association of South East Asian Nations has established close economic cooperation (a) only products originating in an ASEAN country between Indonesia, Malaysia, the Philippines, Singa­ have been used in the course of such working or pore and Thailand (hereinafter referred to as ASEAN processing ; countries); whereas the provisions relative to the (b) where a percentage rule limits, in Lists A and B acquistion of the status of originating products laid referred to in Article 3 of the Regulation referred down in Article 1 of Commission Regulation (EEC) to above, the proportion in value of non-originat­ No 3214/75 of 3 December 1975 may, with the necessary adaptations, help facilitate this cooperation ing products that can be incorporated under and encourage the use in one ASEAN country of certain circumstances, the added value has been products originating in other ASEAN countries ; acquired in each of the countries in accordance whereas the said provisions should be amended with the said percentage rule and with the other accordingly and special rules as to the mode of proof rules contained in the said lists without any and verification of the status of originating products possibility of cumulation from one country to another. should be laid down ; whereas to this end it is necessary to provide for requests for verification to be centralized with a joint administrative body of the 2. For the purposes of paragraph 1 (a), the fact that aforesaid association ; products other than those referred to therein have been used in a proportion not exceeding in total value 5 % of the value of the products obtained and Whereas the measures provided for in this Regula­ imported into the Community shall not affect the tion are in accordance with the Opinion of the determination of origin of the latter products, Committee on Origin, provided that the products so used would not have caused such latter products to lose the status of pro­ ducts originating in the ASEAN country from which they were first exported, had the products used been 0) See page 1 of this Official Journal. incorporated in that first country.

No L 323 /54 Official Journal of the European Communities 15 . 12. 75

3 . In the cases referred to in paragraph 1 (b) no non­ Article 4 originating product may be incorporated if it under­ goes only working or processing as specified in Nothwithstanding the provisions of Article 6 of Article 3 (2) of Commission Regulation (EEC) Commission Regulation (EEC) No 3214/75 of No 3214/75 of 3 December 1975 . 3 December 1975, the products mentioned in Article 1 shall on importation into the Community 4. Notwithstanding the provisions of paragraph 1 benefit from the provisions on tariff preferences and provided that all the conditions laid down in referred to in that Article upon production of that paragraph are nevertheless fulfilled, the products a certificate of origin Form A issued, on the basis of obtained shall not continue to be considered as the certificates of origin Form A issued previously, products originating in the first ASEAN country of by the authority in the ASEAN country from which exportation unless the value of the products worked the products are exported to the Community. or processed in that country represents the highest percentage of the value of the products obtained. If this is not so, the latter products shall be considered Article 5 as 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 contain : Article 2 — in box 4 'For official use' the name of the ASEAN country in which the goods originate 1 . For the purposes of implementation of the pro­ together with one of the following phrases : visions of Article 1 , the provisions of Article 4 of Commission Regulation (EEC) No 3214/75 of ' CUMUL ANASE' 3 December 1975 shall apply. ' CUMULATION ASEAN' 2. In Article 1 ( 1 ) (b) and (4), ' added value' means the difference between the. ex-works price of the — in box 12 'Declaration by the exporter' a state­ goods obtained, less internal taxes refunded or ment to the effect that the products satisfy the refundable on exportation from the country conditions of origin required by the generalized concerned, and the customs value of all the products system of preferences in order to be exported to imported into and worked or processed in that the European Economic Community. country.

Article6¶

1 . The provisions of Articles 1 to 5 above shall 1 . For the purposes of Article 1 , proof of status as apply only in so far as the rules regulating trade in originating products within the meaning of Article the context of this Regulation between each of the 1 of Commission Regulation (EEC) No 3214/75 of countries hereinbefore specified are identical to the 3 December 1975 shall, in the case of products provisions laid down in Commission Regulation obtained in one ASEAN country and exported to ( EEC) No 3214/75 of 3 December 1975 and in this another ASEAN country, be established by produc­ Regulation . tion of a certificate of origin Form A, a specimen of which is given in the Annex to Commission Regula­ tion (EEC) No 3214/75 of 3 December 1975 . This 2. In addition, each ASEAN country undertakes to certificate shall be issued by the governmental authori­ the Commission of the European Communities that ties of the country of export competent to issue it will, through the Special Coordinating Committee certificates of origin for the purposes of Commission of ASEAN (hereinafter referred to as SCCAN), comply Regulation (EEC) No 3214/75 of 3 December 1975. or ensure compliance with the rules concerning the preparation and issue of certificates of origin Form A 2. For the purposes of Article 1 , proof of status as and with those relative to administrative cooperation originating products within the meaning of that contained in Articles 7 and 8 below. Article shall, in the case of products that have merely remained in one of the ASEAN countries or have undergone there no processing other than as specified Article 7 in that Article and have been exported from that country to another ASEAN country, be established by production of a certificate as referred to in para­ 1 . Retrospective verifications of the Certificates Form graph 1 issued as provided in that paragraph on the A mentioned in Article 3 shall be carried out at basis of the certificates of origin Form A issued random or whenever the authorities as referred to in previously. that Article of any ASEAN country where the

15 . 12 . 75 Official Journal of the European Communities No L 323/55

products have either remained before their re-expor­ 2. The ASEAN countries shall communicate to the tation in the same state or have undergone working Commission the address of SCCAN. The Commis­ or processing as specified in Article 1 have reasonable sion shall communicate this information to the doubt as to the authenticity of the document or as customs authorities of the Member States . to the accuracy of the information regarding the true origin of the products in question. Article 9 2. For the purpose of applying the provisions of This Regulation does not apply to the products listed paragraph 1 , the authorities mentioned in that para­ in Annex A to Council Regulations (EEC) No 3001/ graph shall send the certificate of origin Form A to 75 (*) and (EEC) No 3002/75 (2) of 17 November SCCAN, indicating where appropriate the reasons 1975 . of form or substance for an enquiry. They shall forward any available information which tends to show that the particulars on the said certificate are Article 10 inaccurate. The Explanatory Note annexed to this Regulation Article 8 forms an integral part thereof.

1 . Retrospective verification of the certificates Article 11 Form A mentioned in Article 4 shall be carried out in the circumstances specified in Article 13 of Com­ This Regulation shall enter into force on 1 January mission Regulation (EEC) No 3214/75 of 3 December 1976. 1975 . However, by way of derogation from the provisions of paragraph 2 of that Article, the relevant customs authorities in the Community shall return (x) OJ No L 310, 29. 11 . 1975 , p. 1 . the certificate of origin Form A to SCCAN. (2) OJ No L 310, 29. 11 . 1975 , p. 9.

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

Done at Brussels, 3 December 1975.

For the Commission

Finn GUNDELACH Member of the Commission

ANNEX

Explanatory Note to Article 1

For the purposes of Article 1 (1) (b), the percentage rule must be observed by referring as regards the added value acquired to the provisions contained in Lists A and B referred to in Article 3 of Commission Regulation (EEC) No 3214/75 of 3 December 1975. 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.