31976R3203

No L 361 /76 Official Journal of the European Communities 30 . 12 . 76

COMMISSION REGULATION (EEC) No 3203/76

of 21 December 1976 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 3200/76 of 21 December 1976 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 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 HAS ADOPTED THIS REGULATION : European 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 Bolivia, Chile, Colombia, 21 December 1976 (*) laid down concerning the Ecuador, Peru or Venezuela ( hereinafter referred to conditions under which these products acquire the as Andean Group countries) those products which status of originating products and the mode of proof have in accordance with those provisions acquired and verification of their status ; in one of those countries the status of originating products and which after being exported from that country have undergone no working or processing Whereas under the Cartagena Agreement (Andean in any other Andean Group country or have not Group) close economic cooperation has been undergone sufficient working or processing in any suclh other country to confer on them by virtue of established between Bolivia, Chile, Colombia, Ecuador, Peru and Venezuela (hereinafter referred the said provisions the status of products originating to as Andean Group countries); whereas the pro­ in that other country, provided that : visions relative to the acquisition of the status of ( a) only products originating in an Andean Group originating products laid down in Article 1 of country have been used in the course of such Commission Regulation ( EEC) No 3200/76 of working or processing ; 21 December 1976 may, with the necessary adaptations, help facilitate this cooperation and (b ) where a percentage rule limits, in Lists A and B encourage the use in one Andean Group country of referred to in Article 3 of the Regulation referred products originating in other Andean Group to above, the proportion in value of non-originat­ countries ; whereas the said provisions should be ing products that can be incorporated under amended accordingly and special rules as to the mode certain circumstances , the added value has been of proof and verification of the status of originating acquired in each of the countries in accordance products should be laid down ; whereas to this end with the said percentage rule and with the other it is necessary to provide for requests for verification rules contained in the said lists without any to be centralized with a joint administrative body of possibility of cumulation from one country to the aforesaid group ; 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 /77

value 5% of the value of the products obtained and competent to issue certificates of origin for rhe imported into the Community shall not affect the purposes of Commission Regulation (EEC) No 3200/ 76 of 21 December 1976. determination of origin of the latter products, provided that the products so used would not have caused such latter products to lose the status of 2. For the purposes of Article 1 , proof of status as products originating in the Andean Group country originating products within the meaning of that from which they were first exported, had the prod­ Article shall, in the case of products that have merely ucts used been incorporated in that first country. remained in one of the Andean Group countries or have undergone there no processing other than as 3 . In the cases referred to in paragraph 1 (b) no specified in that Article and have been exported from non-originating product may he incorporated if it that country to another Andean Group country, be undergoes only working or processing as specified established by production of a certificate as referred in Article 3 ( 2 ) of Commission Regulation ( EEC ) to in paragraph 1 issued as provided in that para­ No 3200/76 of 21 December 1976. graph on 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 prod­ ucts originating in the first Andean Group country Notwithstanding the provisions of Article 6 of of exportation unless the value of the products Commission Regulation ( EEC ) No 3200/76 of worked or processed in that country represents the 21 December 1976, the products mentioned in highest percentage of the value of the products Article 1 shall on importation into the Community obtained. If this is not so, the latter products shall benefit from the provisions on tariff preferences be considered as originating in the Andean Group referred to in that Article upon production of a country where the added value acquired represents certificate of origin Form A issued , on the basis of the highest percentage of their value. the certificates of origin Form A issued previously, by the authority in the Andean Group country from which the products are exported to the Community. Article 2 Article 5 1 . For the purposes of implementation of the provisions of Article 1 , the provisions of Article 4 The certificates referred to in Articles 3 and 4 must of Commission Regulation ( EEC) No 3200/76 of contain : 21 December 1976 shall apply. — in box 4 ' For official use' the name of the Andean Group country in which the goods 2. In Article 1 ( 1 )- (b) and (4), ' added value' means originate together with one of the following the difference between the ex-works price of the phrases : goods obtained, less internal taxes refunded or refundable on exportation from the country ' CUMUL GROUPE ANDIN ' concerned, and the customs value of all the products ' CUMULATION ANDEAN GROUP ' imported into »artd worked or processed in that country . — in box 12 'Declaration by the exporter' a statement to the effect that the products satisfy the conditions of origin required by the Article 3 generalized system of preferences in order to be 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 Andean Group country and exported 1 . The provisions of Articles 1 to 5 above shall to another Andean Group country, be established by apply only in so far as the rules regulating trade in production of a certificate of origin Form A, a the context of this Regulation between each of the specimen of which is given in the Annex to Com­ countries hereinbefore specified are identical to the mission Regulation ( EEC ) No 3200/76 of provisions laid down in Commission Regulation 21 December 1976. This certificate shall be issued by ( EEC ) No 3200/76 of 21 December 1976 and in this the governmental authorities of the country of export Regulation .

No L 361 /78 Official Journal of the European Communities 30. 12 . 76

2. In addition, each Andean Group country Article 8 undertakes to the Commission of the European Communities that it will, through the 'Jimta. del 1 . Retrospective verification of the certificates Form Acuerdo de Cartagena' (hereinafter referred to as A mentioned in Article 4 shall be carried out in the the Junta), comply or ensure compliance with the circumstances specified in Article 13 of Commission rules concerning the preparation and issue of certifi­ Regulation (EEC) No 3200/76 of 21 December 1976. cates of origin Form A and with those relative to However, by way of derogation from the provisions administrative cooperation contained in Articles 7 of paragraph 2 of that Article, the relevant customs and 8 below. authorities in the Community shall return the certificate of origin Form A to the Junta.

Article 7 2. The Andean Group countries shall communicate to the Commission the address of the Junta. The Commission shall communicate this information to 1 . Retrospective verifications of the certificates the customs authorities of the Member States . Form A mentioned in Article 3 shall be carried out at random or whenever the authorities as referred to in that Article of any Andean Group country where Article 9 the products have either remained before their re­ exportation in the same state or have undergone This Regulation does not apply to the products listed working or processing as specified in Article 1 have in Annex II (A) to Commission Regulation (EEC) reasonable doubt as to the authenticity of the No 3200/76 of 21 December 1976 . document or as to the accuracy of the information regarding the true origin of the products in question. Article 10

2. For the ipurpose of applying the provisions of The Explanatory Note annexed to this Regulation paragraph 1 , the authorities mentioned in that para­ forms an integral part thereof. graph shall send the certificate of origin Form A to the Junta, indicating where appropriate the reasons of form or substance for an enquiry. They Article 11 shall forward any available information which tends to show that the particulars on the said certificate This Regulation shall enter into force on 1 January are 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.