31975R3216

No L 323 /56 Official Journal of the European Communities 15 . 12. 75

REGULATION (EEC) No 3216/75 OF THE COMMISSION

of 3 December 1975

derogating in respect of the countries of the Central American Common Market 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 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 ,

Article1¶

Having regard to the Treaty establishing the 1 . Notwithstanding the provisions of Article 1 of European Economic Community ; Commission Regulation (EEC) No 3214/75 of 3 December 1975 , there shall also be considered as products originating in Costa Rica, El Salvador, Whereas, for the purposes of implementation of the Guatemala, Honduras and Nicaragua (hereinafter provisions concerning the tariff preferences granted referred to as CACM countries) those products which by the Community for certain products originating in have in accordance with those provisions acquired developing countries, rules of origin are by Com­ in one of those countries the status of originating mission Regulation (EEC) No 3214/75 ( x ) of products and which after being exported from that 3 December 1975 laid down concerning the country have undergone no working or processing conditions under which these products acquire the in any other CACM country or have not undergone status of originating products and the mode of proof sufficient working or processing in any such other and verification of their status : country to confer on them by virtue of the said provisions the status of products originating in that other country, provided that: Whereas the Central American Common Market has established a close economic cooperation between (a) only products originating in a CACM country Costa Rica, El Salvador, Guatemala, Honduras and have been used in the course of such working Nicaragua (hereinafter referred to as CACM or processing; countries); whereas the provisions relative to the (b ) where a percentage rule limits, in Lists A and B acquisition 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 ing products that can be incorporated under necessary adaptations, help facilitate this cooperation certain circumstances, the added value has been and encourage the use in one CACM country of acquired in each of the countries in accordance products originating in other CACM countries ; with the said percentage rule and with the other whereas the said provisions should be amended rules contained in the said lists without any accordingly and special rules as to the mode of possibility of cumulation from one country to proof and verification of the status of originating another. products should be laid down ; whereas to this end it is necessary to provide for requests for verification 2. For the purposes of paragraph 1 (a), the fact to be centralized with a joint administrative body that products other than those referred to therein of the aforesaid common market; have been used in a proportion not exceeding in total value 5 % of the value of the products obtained and imported into the Community shall not affect Whereas the measures provided for in this Regulation the determination of origin of the latter products, are in accordance with the Opinion of the Committee provided that the products so used would not have on Origin, caused such latter products to lose the status of products originating in the CACM country from which they were first exported, had the products (*) See page 1 of this Official Journal . used been incorporated in that first country.

15 . 12. 75 Official Journal of the European Communities No L 323 /57

Article 4 3 . In the cases referred to in paragraph 1 (b) no non-originating product may be incorporated if it undergoes only working or processing as specified Notwithstanding the provisions of Article 6 of in 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 benefit 4. Notwithstanding the provisions of paragraph 1 from the provisions on tariff preferences referred and provided that all the conditions laid down in to in that Article upon production of a certificate of that paragraph are nevertheless fulfilled, the products origin Form A issued, on the basis of the certificates obtained shall not continue to be considered as of origin Form A issued previously, by the authority products originating in the first CACM country of in the CACM country from which the products exportation unless the value of the products worked 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 CACM country where the added value acquired represents the highest The certificates referred to in Articles 3 and 4 must percentage of their value. contain :

Article2¶

CACM country in which the goods originate 1 . For the purposes of implementation of the together with one of the following phrases : provisions of Article 1 , the provisions of Article 4 of Commission Regulation (EEC) No 3214/75 of ' CUMUL MCAC ' 3 December 1975 shall apply. ' CUMULATION CACM' 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 goods obtained, less internal taxes refunded or statement to the effect that the products satisfy refundable on exportation from the country the conditions of origin required by the concerned, and the customs value of all the products generalized system of preferences in order to be imported into and worked or processed in that exported to the European Economic Community.

country .

Article6¶

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

No L 323/58 Official Journal of the European Communities 15 . 12. 75

products have either remained before their re­ 2. The CACM countries shall communicate to the exportation in the same state or have undergone Commission the address of SIECA. The Commission working or processing as specified in Article 1 have shall communicate this information to the customs reasonable doubt as to the authenticity of the authorities of the Member States. document or as 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 paragraph 1 , the authorities mentioned in that listed in Annex A to Council Regulations (EEC) paragraph shall send the certificate of origin Form A No 3001 /75 (*) and (EEC) No 3002/75 (2) of to SIECA, indicating where appropriate the reasons 17 November 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 Form Article 11 A mentioned in Article 4 shall be carried out in the circumstances specified in Article 13 of Commission This Regulation shall enter into force on 1 January Regulation (EEC) No 3214/75 of 3 December, 1975. 1976 . However, by way of derogation from the provisions of paragraph 2 of that Article, the relevant customs authorities in the Community shall return the i1) OJ No L 310 , 29. 11 , 1975 , p. 1 . certificate of origin Form A to SIECA. (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.