31975R3217

15 . 12. 75 Official Journal of the European Communities No L 323 /59

REGULATION (EEC) No 3217/75 OF THE COMMISSION

of 3 December 1975

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 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 Bolivia, Chile, Colombia, Whereas, for the purposes of implementation of the Ecuador, Peru or Venezuela (hereinafter referred to provisions concerning the tariff preferences granted as Andean Group countries) those products which by the Community for certain products originating have in accordance with those provisions acquired in developing countries, rules of origin are by in one of those countries the status of originating Commission Regulation (EEC) No 3214/75 (*) 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 Andean Group country or have not status of originating products and the mode of proof undergone sufficient working or processing in any and verification 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 under the Cartagena Agreement (Andean Group) close economic cooperation has been ( a) only products originating; in an Andean Group established between - Bolivia, Chile, Colombia, country have been used in the course of such Ecuador, Peru and Venezuela (hereinafter referred working or processing ; to as Andean Group countries); whereas the (b ) where a percentage rule limits, in Lists A and B provisions relative to the acquisition of the status of referred to in Article 3 of the Regulation referred originating products laid down in Article 1 of Commission Regulation (EEC) No 3214/75 of to above, the proportion in value of non-originat­ ing products that can be incorporated under 3 December 1975 may, with the necessary certain circumstances, the added value has been adaptations, help facilitate this cooperation and acquired in each of the countries in accordance encourage the use in one Andean Group country of with the said percentage rule and with the other products originating in other Andean Group countries ; whereas the said provisions should be rules contained in the said lists without any amended accordingly and special rules as to the mode possibility of cumulation from one country to another. of proof and verification of the status of originating products should be laid down ; whereas to this end 2. For the purposes of paragraph 1 (a), the fact that it is necessary to provide for requests for verification products other than those referred to therein have to be centralized with a joint administrative body of been used in a proportion not exceeding in total the aforesaid group ; value 5 % of the value of the products obtained and imported into the Community shall not affect the determination of origin of the latter products, Whereas the measures provided for in this provided that the products so used would not have Regulation are in accordance with the Opinion of caused such latter products to lose the status of the Committee on Origin, products Originating in the Andean Group country from which they were first exported, had the products used been incorporated in that first (1) See page 1 of this Official Journal. country.

No L 323 /60 Official Journal of the European Communities 15 . 12. 75

3 . In the cases referred to in paragraph 1 (b) no graph on the basis of the certificates of origin Form non-originating product may be incorporated if it A issued previously. undergoes only working or processing as specified in Article 3 (2) of Commission Regulation (EEC) No 3214/75 of 3 December 1975 . Article 4

4. Notwithstanding the provisions of paragraph 1 Notwithstanding the provisions of Article 6 of and provided that all the conditions laid down in Commission Regulation (EEC) No 3214/75 of that paragraph are nevertheless fulfilled, the products 3 December 1975 , the products mentioned in obtained shall not continue to be considered as Article 1 shall on importation into the Community products originating in the first Andean Group benefit from the provisions on tariff preferences country of exportation unless the value of the referred to in that Article upon production of a products worked or processed in that country certificate of origin Form A issued, on the basis of represents the highest percentage of the value of the the certificates of origin Form A issued previously, products obtained. If this is not so, the latter products by the authority in the Andean Group country from shall be considered as originating in the Andean which the products are exported to the Community. Group country where the added value acquired represents the highest percentage of their value. Article 5

Article 2 The certificates referred to in Articles 3 and 4 must contain : 1 . For the purposes of implementation of the — in box 4 'For official use' the name of the provisions of Article 1 , the provisions of Article 4 Andean Group country in which the goods of Commission Regulation (EEC) No 3214/75 of originate together with one of the following 3 December 1975 shall apply. phrases : ' CUMUL GROUPE ANDIN ' 2. In Article 1 ( 1 ) (b) and (4), 'added value' means the difference between the ex-works price of the ' CUMULATION ANDEAN GROUP ' goods obtained, less internal taxes refunded or refundable on exportation from the country — in box 12 'Declaration by the exporter' a concerned, and the customs value of all the products statement to the effect that the products satisfy imported into and worked or processed in that the conditions of origin required by the country . generalized system of preferences in order to be exported to the European Economic Community.

Article 3 Article 6 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 of Commission Regulation (EEC) No 3214/75 of apply only in so far as the rules regulating trade in the context of this Regulation between each of the 3 December 1975 shall, in the case of products countries hereinbefore specified are indentical to the obtained in one Andean Group country and exported provisions laid down in Commission Regulation to another Andean Group country, be established by (EEC) No 3214/75 of 3 December 1975 and in this production of a certificate of origin Form A, a Regulation. specimen of which is given in the Annex to Commission Regulation (EEC) No 3214/75 of 2. In addition, each Andean Group country 3 December 1975 . This certificate shall be issued by undertakes to the Commission of the European the governmental authorities of the country of export Communities that it will, through the 'Junta del competent to issue certificates of origin for the Acuerdo de Cartagena' (hereinafter referred to as purposes of Commission Regulation (EEC) No 3214/ the Junta), comply or ensure compliance with the 75 of 3 December 1975 . rules concerning the preparation and issue of certifi­ cates of origin Form A and with those relative to 2. For the purposes of Article 1 , proof of status as administrative cooperation contained in Articles 7 originating products within the meaning of that and 8 below. Article shall, in the case of products that have merely remained in one of the Andean Group countries or Article 7 have undergone there no processing other than as specified in that Article and have been exported from that country to another Andean Group country, be 1 . Retrospective verifications of the certificates Form A mentioned in Article 3 shall be carried out established by production of a certificate as referred at random or whenever the authorities as referred to to in paragraph 1 issued as provided in that para­

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in that Article of any Andean Group country where 2. The Andean Group countries shall communicate the products have either remained before their re­ to the Commission the address of the Junta. The exportation in the same state or have undergone Commission shall communicate this information to working or processing as specified in Article 1 have the customs authorities of the Member States. reasonable doubt as to the authenticity of the document or as to the accuracy of the information Article 9 regarding the true origin of the products in question.

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 in Annex A to Council Regulations (EEC) No 3001 / paragraph shall send the certificate of origin Form 75 ( 1 ) and (EEC) No 3002/75 (2) of 17 November 1975 . A to the Junta, indicating where appropriate the reasons of form or substance for an enquiry. They shall forward any available information which tends Article 10 to show that the particulars on the said certificate are inaccurate . The Explanatory Note annexed to this Regulation forms an integral part thereof. Article 8

Article 11 1 . Retrospective verification of the certificates Form 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 1976. Regulation (EEC) No 3214/75 of 3 December 1975 . 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 the Junta. (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.