31977R2969
No L 350 /62 Official Journal of the European Communities 30 . 12 . 77
COMMISSION REGULATION (EEC ) No 2969/77 of 23 December 1977 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 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 Bolivia, Colombia, Ecuador, Peru or Venezuela (hereinafter referred to as Andean Group 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 Andean Group provisions concerning the tariff preferences granted by country or have not undergone sufficient working or the Community for certain products originating in de processing in any such other country to confer on them veloping countries, rules of origin are by Commission by virtue of the said provisions the status of products Regulation ( EEC) No 2966/77 of 23 December originating in that other country, provided that: 1977 ( J), hereinafter called the ' basic Regulation', laid down concerning the conditions under which these (a) only products originating in an Andean Group products acquire the status of originating products and country have been used in the course of such work the mode of proof and verification of their status ; ing or processing ;
Whereas under the Cartagena Agreement (Andean ( b ) where a percentage rule limits, in Lists A and B re Group ) close economic cooperation has been estab ferred to in Article 3 of the Regulation referred to lished between Bolivia , Colombia, Ecuador, Peru and above, the proportion in value of non-originating Venezuela (hereinafter referred to as Andean Group products that can be incorporated under certain countries); whereas the provisions relative to the acquis circumstances, the added value has been acquired in ition of the status of originating products laid down in each of the countries in accordance with the said Article 1 of the basic Regulation may, with the neces percentage rule and with the other rules contained in sary adaptations, help facilitate this cooperation and the said lists without any possibility of cumulation encourage the use in one Andean Group country of from one country to another. products originating in other Andean Group countries; whereas the said provisions should be amended accord 2 . For the purposes of paragraph 1 ( a), the fact that ingly and special rules as to the mode of proof and ver products other than those referred to therein have been ification of the status of originating products should be used in a proportion not exceeding in total value 5% of laid down ; whereas to this end it is necessary to provide the value of the products obtained and imported into for requests for verification to be centralized with a the Community shall not affect the determination of joint administrative body of the aforesaid group ; 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 Andean are in accordance with the opinion of the Committee on Group country from which they were first exported, Origin, had the products used been incorporated in that first country .
3 . In the cases referred to in paragraph 1 ( b ) no HAS ADOPTED THIS REGULATION : non-originating product may be incorporated if it under- v goes only working or processing as specified in Article 3 ( 2 ) of the basic Regulation . Article 1 4 . Notwithstanding the provisions of paragraph 1 and 1 . Notwithstanding the provisions of Article 1 of the provided that all the conditions laid down in that basic Regulation, there shall also be considered as paragraph are nevertheless fulfilled, the products ob tained shall not continue to be considered as products originating in the first Andean Group country of expor tation unless the value of the products worked or pro (*) See page 1 of this Official Journal. cessed in that country represents the highest percentage
30 . 12 . 77 Official Journal of the European Communities No L 350/63
of the value of the products obtained. If this is not so, Article 5 the latter products shall be considered as originating in the Andean Group country where the added value ac The certificates referred to in Articles 3 and 4 must quired represents the highest percentage of their value. contain :
— in box 4 ' For official use' the name of the Andean Article 2 Group country in which the goods originate together with one of the following phrases: 1 . For the purposes of implementation of the provi ' CUMUL GROUPE ANDIN' sions of Article 1 , the provisions of Article 4 of the basic Regulation shall apply. ' CUMULATION ANDEAN GROUP '
— in box 12 'Declaration by the exporter' a statement 2 . In Article 1(1 ) ( b ) and (4 ), ' added value' means the to the effect that the products satisfy the conditions difference between the ex-works price of the goods of origin required by the generalized system of pre obtained, less internal taxes refunded or refundable on ferences in order to be exported to the European exportation from the country concerned, and the cus Economic Community. toms value of all the products imported into and worked or processed in that country.
Article6¶
Article 3 1 . The provisions of Articles 1 to 5 above shall apply only in so far as the rules regulating trade in the context 1 . For the purposes of Article 1 , proof of status as of this Regulation between each of the countries originating products within the meaning of Article 1 of hereinbefore specified are identical to the provisions laid the basic Regulation shall, in the case of products ob down in the basic Regulation and in this Regulation. tained in one Andean Group country and exported to another Andean Group country, be established by production of a certificate of origin Form A, a specimen 2 . In addition, each Andean Group country undertakes of which is given in the Annex to the basic Regulation. to the Commission of the European Communities that it This certificate shall be issued by the governmental will, through the 'Junta del Acuerdo de Cartagena' authorities of the country of export competent to issue (hereinafter referred to as the Junta), comply or ensure certificates of origin for the purposes of the basic Reg compliance with the rules concerning the preparation ulation . and issue of certificates of origin Form A and with those relative to administrative cooperation contained in Arti cles 7 and 8 below . 2 . For the purposes of Article 1 , proof of status as originating products within the meaning of that Article shall, in the case of products that have merely remained in one of the Andean Group countries or have undergone Article 7 there no processing other than as specified in that Arti cle and have been exported from that country to 1 . Retrospective verifications of the certificates Form A another Andean Group country, be established by mentioned in Article 3 shall be carried out at random or production of a certificate as referred to in paragraph 1 whenever the authorities as referred to in that Article of issued as provided in that paragraph on the basis of the any Andean Group country where the products have certificates of origin Form A issued previously. either remained before their re-exportation in the same state or have undergone working or processing as specified in Article 1 have reasonable doubt as to the authenticity of the document or as to the accuracy of Article 4 the information regarding the true origin of the pro ducts in question. Notwithstanding the provisions of Article 6 of the basic Regulation , the products mentioned in Article 1 shall on importation into the Community benefit from the pro 2 . For the purpose of applying the provisions of para visions on tariff preferences referred to in that Article graph 1 , the authorities mentioned in that paragraph upon production of a certificate of origin Form A shall send the certificate of origin Form A to the Junta, issued, on the basis of the certificates of origin Form A indicating where appropriate the reasons of form or issued previously, by the authority in the Andean Group substance for an enquiry. They shall forward any avail country from which the products are exported to the able information which tends to show that the particu Community . lars on the said certificate are inaccurate.
No L 350 /64 Official Journal of the European Communities 30 . 12 . 77
Article 8 sion shall communicate this information to the customs authorities of the Member States . 1 . Retrospective verification of the certificates Form A mentioned in Article 4 shall be carried out in the cir cumstances specified in Article 13 of the basic Regula Article 9 tion. However, by way of derogation from the provi sions of paragraph 2 of that Article, the relevant cus The Explanatory Note annexed to this Regulation toms authorities in the Community shall return the cer forms an integral part thereof. tificate of origin Form A to the Junta .
Article10¶
2 . The Andean Group countries shall communicate to This Regulation shall enter into force on 1 January the Commission the address of the Junta. The Commis 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 D AVIGNON 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 .