31977R2967

No L 350 /56 Official Journal of the European Communities 30 . 12 . 77

COMMISSION REGULATION (EEC ) No 2967/77 of 23 December 1977 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 2966/77 of 23 December 1977 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 COMMUNITIES, products originating in Indonesia, Malaysia, the Philip­ pines, Singapore or Thailand (hereinafter referred to as ASEAN countries) those products which have in accor­ Having regard to the Treaty establishing the European dance with those provisions acquired in one of those Economic Community, countries the status of originating products and which after being exported from that country have undergone Whereas, for the purposes of implementation of the no working or processing in any other ASEAN country provisions concerning the tariff preferences granted by or have not undergone sufficient working or processing the Community for certain products originating in de­ in any such other country to confer on them by virtue of veloping countries, rules of origin are by Commission the said provisions the status of products originating in Regulation (EEC ) No 2966/77 of 23 December that other country, provided that: 1977 ( x), hereinafter called the ' basic Regulation', laid down concerning the conditions under which these ( a) only products originating in an ASEAN country products acquire the status of originating products and have been used in the course of such working or the mode of proof and verification of their status ; processing;

Whereas the Association of South East Asian Nations (b) where a percentage rule limits, in Lists A and B re­ ferred to in Article 3 of the Regulation referred to has established close economic cooperation between Indonesia, Malaysia, the Philippines, Singapore and above, the proportion in value of non-originating Thailand (hereinafter referred to as ASEAN countries); products that can be incorporated under certain whereas the provisions relative to the acquisition of the circumstances, the added value has been acquired in each of the countries in accordance with the said status of originating products laid down in Article 1 of percentage rule and with the other rules contained in the basic Regulation may, with the necessary adapta­ tions, help facilitate this cooperation and encourage the the said lists without any possibility of cumulation use in one ASEAN country of products originating in from one country to another. other ASEAN countries; whereas the said provisions should be amended accordingly and special rules as to 2 . For the purposes of paragraph 1 ( a), the fact that the mode of proof and verification of the status of products other than those referred to therein have been originating products should be laid down ; whereas to used in a proportion not exceeding in total value 5% of this end it is necesseary to provide for requests for ver­ the value of the products obtained and imported into ification to be centralized with a joint administrative the Community shall not affect the determination of body of the aforesaid association ; origin of the latter products, provided that the products so used would not have caused such latter products to Whereas the measures provided for in this Regulation lose the status of products originating in the ASEAN are in accordance with the opinion of the Committee on country from which they were first exported, had the products used been incorporated in that first country. Origin ,

3 . In the cases referred to in paragraph 1 (b) no non­ originating product may be incorporated if it undergoes HAS ADOPTED THIS REGULATION : only working or processing as specified in Article 3 (2 ) of the basic Regulation. Article 1 4. Notwithstanding the provisions of paragraph 1 and provided that all the conditions laid down in that 1 . Nothwithstanding the provisions of Article 1 of the paragraph are nevertheless fulfilled, the products ob­ basic Regulation, there shall also be considered as tained shall not continue to be considered as products originating in the first ASEAN country of exportation unless the value of the products worked or processed in H See page 1 of this Official Journal . that country represents the highest percentage of .the

30 . 12 . 77 Official Journal of the European Communities No L 350 /57

value of the products obtained . If this is not so , the lat­ — in box 4'For official use' the name of the ASEAN ter products shall be considered as originating in the country in which the goods originate together with ASEAN country where the added value acquired repre­ one of the following phrases : sents the highest percentage of their value . ' CUMUL ANASE' ' CUMULATION ASEAN ' Article 2 — in box 12 ' Declaration by the exporter' a statement 1 . For the purposes of implementation of the provi­ to the effect that the products satisfy the conditions sions of Article 1 , the provisions of Article 4 of the basic of origin required by the generalized system of pre­ Regulation shall apply . ferences in order to be exported to the European Economic Community . 2 . In Article 1 ( 1 ) ( b ) and (4 ), ' added value' means the difference between the ex-works price of the goods obtained , less internal taxes refunded or refundable on exportation from the country concerned, and the cus­ Article 6 toms value of all the products imported into and worked or processed in that country. 1 . The provisions of Articles 1 to 5 above shall apply only in so far as the rules regulating trade in the context of this Regulation between each of the countries Article 3 hereinbefore specified are identical to the provisions laid down in the basic Regulation and in this Regulation. 1 . For the purposes of Article 1 , proof of status as originating products within the meaning of Article 1 of the basic Regulation shall , in the case of products ob­ 2 . In addition, each ASEAN country undertakes to the tained in one ASEAN country and exported to another Commission of the European Communities that it will, through the Special Coordinating Committee of ASEAN ASEAN country, be established by production of a cer­ tificate of origin Form A, a specimen of which is given ( hereinafter referred to as SCCAN ), comply or ensure in the Annex to the basic Regulation. This certificate compliance with the rules concerning the preparation and issue of certificates of origin Form A and with those shall be issued by the governmental authorities of the country of export competent to issue certificates of ori­ relative to administrative cooperation contained in Articles 7 and 8 below . gin for the purposes of the basic Regulation.

2 . For the purposes of Article 1 , proof of status as originating products within the meaning of that Article Article 7 shall , in the case of products that have merely remained in one of the ASEAN countries or have undergone there 1 . Retrospective verifications of the certificates Form A no processing other than as specified in that Article and mentioned in Article 3 shall be carried out at random or have been exported from that country to another whenever the authorities as referred to in that Article of ASEAN country, be established by production of a cer­ any ASEAN country where the products have either tificate as referred to in paragraph 1 issued as provided remained before their re-exportation in the same state in that paragraph on the basis of the certificates of ori­ or have undergone working or processing as specified in gin Form A issued previously . Article 1 have reasonable doubt as to the authenticity of the document or as to the accuracy of the information regarding the true origin of the products in question . Article 4 2 . For the purpose of applying the provisions of para­ Notwithstanding the provisions of Article 6 of the basic graph 1 , the authorities mentioned in that paragraph Regulation, the products mentioned in Article 1 shall on shall send the certificate of origin Form A to SCCAN, importation into the Community benefit from the pro­ indicating where appropriate the reasons of form or visions on tariff preferences referred to in that Article substance for an enquiry. They shall forward any avail­ upon production of a certificate of origin Form A able information which tends to show that the particu­ issued , on the basis of the certificates of origin Form A lars on the said certificate are inaccurate . issued previously, by the authority in the ASEAN country from which the products are exported to the Community . Article 8

Article 5 1 . Retrospective verification of the certificates Form A mentioned in Article 4 shall be carried out in the cir­ The certificates referred to in Articles 3 and 4 must cumstances specified in Article 13 of the basic Regula­ contain : tion . Flowever, by way of derogation from the provi­

No L 350 /58 Official Journal of the European Communities 30 . 12 . 77

sions of paragraph 2 of that Article, the relevant cus­ Article 9 toms authorities in the Community shall return the cer­ tificate of origin Form A to SCCAN. The Explanatory Note annexed to this Regulation forms an integral part thereof.

2 . The ASEAN countries shall communicate to the Article 10 Commission the address of SCCAN. The Commission shall communicate this information to the customs This Regulation shall enter into force on 1 January authorities of the Member States. 1978 .

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

Done at Brussels, 23 December 1977 .

For the Commission fitienne DAVIGNON

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 the basic Regulation. 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 .