31976R3201
No L 361 /70 Official Journal of the European Communities 30 . 12. 76
COMMISSION REGULATION (EEC) No 3201/76 of 21 December 1976 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 3200/76 of 21 December 1976 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 Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the opinion of the Committee on Origin ,
Having regard to the Treaty establishing the Euro HAS ADOPTED THIS REGULATION : pean Economic Community,
Article 1 Whereas, for the purposes of implementation of the provisions concerning the tariff preferences granted 1 . Notwithstanding the provisions of Article 1 of by the Community for certain products originating Commission Regulation (EEC ) No 3200/76 of in developing countries, rules of origin are by 21 December 1976, there shall also be considered as Commission Regulation (EEC) No 3200/76 of products originating in Indonesia, Malaysia, the 21 December 1976 (*) laid down concerning the Philippines, Singapore or Thailand (hereinafter conditions under which these products acquire the referred to as ASEAN countries) those products status of originating products and the mode of proof which have in accordance with those provisions and verification of their status ; acquired in one of those countries the status of orig inating products and which after being exported from that country have undergone no working or processing in any other ASEAN country or have not Whereas the Association of South East Asian undergone sufficient working or processing in any Nations has established close economic cooperation such other country to confer on them by virtue of between Indonesia, Malaysia, the Philippines, Singa the said provisions the status of products originating pore and Thailand (hereinafter referred to as ASEAN in that other country, provided that : countries ); whereas the provisions relative to the (a) only products originating in an ASEAN country acquistion of t:he status of originating products laid have been used in the course of such working or down in Article 1 of Commission Regulation (EEC ) processing ; No 3200/76 of 21 December 1976 may, with the necessary adaptations, help facilitate this cooperation (b ) where a percentage rule limits, in Lists A and B and encourage the use in one ASEAN country of referred to in Article 3 of the Regulation referred products originating in other ASEAN countries ; to above, the proportion in value of non-originat whereas the said provisions should be amended ing products that can be incorporated under accordingly and special rules as to the mode of proof certain circumstances, the added value has been and verification of the status of originating products acquired in each of the countries in accordance should be laid down ; whereas to this end it is with the said percentage rule and with the other necessary to provide for requests for verification to rules contained in the said lists without any be centralized with a joint administrative body of the possibility of cumulation from one country to aforesaid association ; another .
2. For the purposes of paragraph 1 ( a), the fact that products other than those referred to therein have (*) See page 1 of this Official Journal. been used in a proportion not exceeding in total
30 . 12 . 76 Official Journal of the European Communities No L 361 /71
value 5% of the value of the products obtained and issue certificates of origin for the purposes of imported into the Community shall not affect the Commission Regulation (EEC) No 3200/76 of determination of origin of the latter products, 21 December 1976. 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 2. For the purposes of Article 1 , proof of status as they were first exported, had the products used been originating products within the meaning of that incorporated in that first country. 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 3 . In the cases referred to in paragraph 1 (b) no in that Article and have been exported from that non-originating product may be incorporated if it country to another ASEAN country, be established undergoes only working or processing as specified in by production of a certificate as referred to in Article 3 (2) of Commission Regulation (EEC) paragraph 1 issued as provided in that paragraph on No 3200/76 of 21 December 1976. the basis of the certificates of origin Form A issued previously.
4. Notwithstanding the provisions of paragraph 1 and provided that all the conditions laid down in Article 4 that paragraph are nevertheless fulfilled, the products obtained shall not continue to be considered as products originating in the first ASEAN country of Notwithstanding the provisions olf Article 6 of exportation unless the value of the products worked Commission Regulation (EEC) No 3200/76 of or processed in that country represents the highest 21 December 1976, the products mentioned in percentage of the value of the products obtained. If Article 1 shall on importation into tihe Community this is not so, the latter products shall be considered benefit from the provisions on tariff preferences as originating in the ASEAN country where the added referred to in that Article upon production of a value acquired represents the highest percentage of certificate of origin Fonm A issued, on the 'basis of their value. the certificates of origin Form A issued previously, by the authority in the ASEAN country from which the products are exported to the Community.
Article2¶
Article 5 1 . For the purposes of implementation of the pro visions of Article 1 , the provisions of Article 4 of Commission Regulation (EEC) No 3200/76 of The certificates referred to in Articles 3 and 4 must contain : 21 December 1976 shall apply.
— in box 4 'For official use' the name of the 2. In Article 1 ( 1 ) (b) and (4), 'added value' means ASEAN country in which the goods originate the difference between the ex-works price of the together with one of the following phrases : goods obtained, less internal taxes refunded or ' CUMUL ANASE' refundable on exportation from the country concerned, and the customs value of all the products ' CUMULATION ASEAN' imported into and worked or processed in that country . — in box 12 'Declaration by the exporter' a state ment to the effect that the products satisfy the conditions of origin required by the generalized Article 3 system of preferences in order to ibe exported to the European Economic Community.
1 . For the purposes of Article 1 , proof of status as originating products within the meaning of Article 1 Article 6 of Commission Regulation (EEC) No 3200/76 of 21 December 1976 shall, in the case of products obtained in one ASEAN country and exported to 1 . The provisions of Articles 1 to 5 afoove shall another ASEAN country, be established by pro apply only in so far as the rules regulating trade in duction of a certificate of origin Fortm A, a specimen the context of this Regulation between each of the of which is given in the Annex to Commission Regu countries hereinbefore specified are identical to the lation (EEC) No 3200/76 of 21 December 1976. This provisions laid down in Commission Regulation certificate shall be issued by the governmental (EEC ) No 3200/76 of 21 December 1976 and in this authorities of the country of export competent to Regulation.
No L 361 /72 Official Journal of the European Communities 30 . 12 . 76
2. In addition, each ASEAN country undertakes to Article 8 the Commission of the European Communities that it will, through the Special Coordinating Committee 1 . Retrospective verification of the certificates of ASEAN (hereinafter referred to as SCCAN), Form A mentioned in Article 4 shall be carried out comply or ensure compliance with the rules concern in the circumstances specified in Article 13 of ing the preparation and issue of certificates of origin Commission Regulation (EEC) No 3200/76 of Form A and with those -relative to administrative 21 December 1976. However, by way of derogation cooperation contained 'in Articles 7 and 8 below. from the provisions of paragraph 2 of that Article, the relevant customs authorities in the Community shall return the certificate of origin Form A to Article 7 SCCAN .
2 . The ASEAN countries shall communicate to the 1 . Retrospective verifications of the certificates Form Commission the address of SCCAN . The Com A mentioned in Article 3 shall be carried out at mission shall communicate this information to the random or whenever the authorities as referred to in customs authorities of the Member States . that Article of any ASEAN country where the prod ucts have either remained before their re-exportation Article 9 in the same state or 'have undergone working or processing as specified in Article 1 have reasonable This Regulation does not apply to the products listed doubt as to the authenticity of t!he document or as in Annex II (A) to Commission Regulation (EEC) to the accuracy of the information regarding the true No 3200/76 of 21 December 1976. origin of the products in question.
Article 10 2. For the purpose of applying the provisions of paragraph 1 , the authorities mentioned in that para The Explanatory Note annexed to this Regulation graph shall send the certificate of origin Form A to forms an integral part thereof. SCCAN, indicating where appropriate the reasons of form or substance for an enquiry. They shall Article 11 forward any available information which tends to show that the particulars on tthe said certificate are This Regulation shall enter into force on 1 January inaccurate . 1977 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 21 December 1976. 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 3200/76 of 21 December 1976. 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.