prop · G30326 · 1979-12-31 00:00:00 — The States Partiesto this Agreement may reserve the right to prlnt förra EUR.2 themselves or may have it pri:ited byprinters approved by them. In the latter case each form must bear a referenceto such approval. In addition, the form must bear the name and address of theprinter or a mark by which the printer can be identified. It shall also bear aserial number, whether or not printed, by which it can be identified. If the goodscontained ln the consignment have already been subject to verification in theexporting State by reference to the definition of the concept of originatingproducts, the exporter may refer to this check in the "Remarks" boxon An exporter who has completed a form EUR.2 shall beobliged to submit, at the request of the Customs authorities of the exporting State, supporting evidence conceming the use of this form. Prop.1979/80:26 299 Goods sent from an EPTA country or from for exhibition in a country other than a State Party to this Agreement and sold after the exhibition for importation Into or into an EFTA country shall be accepted as eligible for tarifftreatment provided for in this Agreement on condition that the goods meet therequirements of this entitling them to be recognized as originating in anEPTA country or in , and provided that It is shown to the satisfaction ofthe Customs authorities that: (a) an exporter hasconsigned these goods from an EPTA country or from to the country inwhich the exhibition is held and has exhibited them there; (b) the goods havebeen sold or otherwise disposed of by that exporter to someone in or lnan EPTA country; (c) the goods havebeen consigned during the exhibition or immediately thereafter to or toan EFTA country in the state ln which they were sent for exhibition; (d) the goods have not, since they were consigned for exhibition, been used for any purpose other than demonstration a t the exhibition. An EUR.l certificate must be produced to theCustoms authorities in the normal . The nameand address of the exhibition must be indicated thereon. Where necessary, additional documentary evidence of the nature of the goods and the conditions under which they have been exhibited may be required. Prop.1979/80:26 300 Paragraph 1 shall apply to any trade, Industrial,eigricultural or crafts exhibition, fair or similar public show or displaywhich is not organized for private purpoees in shops or business premises witha view to the sale of foreign goods, and during which the goods remain underCustoms ccntrol. 1979/80:26 301 In order toensure the proper--application of this Title, the States Parties to thisAgreement shall assist each other, through their respective Customsadministrations, in checking the authenticity and accuracy of EUR.lcertificates, including those issued under paragraph 3 of Artide 9 of thisAnnex, and exporters' dedarations made on forms EUR.2. The JointCommittee shall be authorized to take any decisions necessary for the methodsof administrative co-operation to be applied in due time in the States Partiesto this Agreement. The Customsauthorities of the States Parties to this Agreement shall provide each other,through the EPTA Secrétariat, with specimen impressionsof stamps used in their Customs offices for the Issue of EUR.l certificates. Penalties shallbe imposed on any person who draws up, or causes to be drawn up, a documentwhich contains incorrect particulars for the purpose of obtaining apreferential treatment for goods. This paragraph applies mutatis rautandis inthe case of the use of the procedure laid down ln Artide 13 of thisAnnex. The StatesParties to this Agreement shall take all necessary steps to ensure that goodstraded under cover of an SUR.l certificate, which in the course of transportuse a free zone situated in their territory, are not substituted by other goodsand that they do not undergo handling other than normal operations designed toprevent their deterioration. When productsoriginating in a State Party to this Agreement and imported into a free zoneunder cover of an EUR.l certificate undergo treatment or processing, theCustoms authorities concemed must issue a new EUR.l certificate at theexporter's request if the treatment or processing undergone is ln conformitywith the provisions of this . 1979/80:26 302 Axmex-m to the Acreenent SubsequentverifIcations of EUR.l certificates and of forms EUR.2 shall be carried out atrandore or whenever the Customs authorities of the importing State havereasonable doubt as to the authenticity of the document or the accuracy of theinformation regarding the true origin of the goods in question. For the purposeof Implementing the provisions of paragraph 1, the Customs authorities of theimporting State shall retum the EUR.l certificate or the form EUR.2 or aphotocopy thereof, to the Customs authorities of the exporting State, giving,where appropriate, the reasons of substance or form for an inquiry. Theinvoice, if it has been submitted, or a copy thereof, shall be attached to theEUR.l certificate or to the form EUR.2 and the Customs authorities shallforward any Information that has been obtained suggesting that the particularsgiven on the said certificate or the said form are inaccurate. If the Customs authorities of the decideto suspend the provisions of this Agreement while awaiting the results of theverification, they shall offer to release the goods to the Importer subject toany precautionary measures Judged necessary. The Customs authorities of the importing Stateshall be Informed of the results of the verification as soon as possible. These results must be such as to make it possible to determine whether the disputed EUR.l certificate or form EUR.2 applies to the goods actually exported, and whether these goodscan, in fact, qualify for application of the preferential arrangements. Prop.1979/80:26 303 Wheresuch disputes cannot be settled between the Cuatoos authorities of theimporting State and those of the exporting State or where they raise a questionas to be the interpretatlOTi of this , they shall be submitted to theJoint Committee. Forthe purpose of the subsequent verification of EUR.l certificates, the Customsauthorities of the exporting State must keep the export documents, or copiesof EUR.l certificates used in place thereof, for not less then two years. Prop.1979/80:26 304 Articles l8 and 19 (This does not contain an Artidel8 or an Artide 19) The explanatory notes. Lists A and B and speclmens of theEUR.l certificate, of the form EUR.2 and of the special stamp shall form anIntegral part of this . Goods which conform to the provisions of Title I and whichon the commencing date (paragraph 7 ot AnnexI) are either being transported or are being held in a State Party to thisAgreement in temporary storage, in bonded warehouses or ln free zones, may beaccepted as originating products subject to the submission - within four monthsfrom that date - to the Customs authorities of the of an EOR.lcertificate, drawn up retroactively by the competent authorities of theexporting State, and of any documents that provide supporting evidence of theconditions of transport. The States Parties to this Agreement undertake tointroduce any measures necessary to ensure that the EUR.l certificates whichtheir Customs authorities are authorized to issue in pursuance of thisAgreement are issued under the conditions laid down by this Agreement. Theyalso undertake to provide the administrative co-operation necessary for this purpose,ln particular to check on the Itlnerary of goods traded under this Agreementand the places ln which they have been held. 1979/80:26 305 Artides 23 and 24 (This does not contain anArtide 23 or an Artide 24) Aproduct originating in an EFTA country other than , which has beenimported into , or a product originating in which has been importedinto an EFTA country and thereafter exported to another EFTA country other thanPortugal in accordance with Artide 2 of this , shall be eligible, uponimportation into that EFTA country, for the tariff treatment provided for inAnnex I to this Agreement. Aproduct originating in an EFTA country, which has been imported into anotherEFTA country and thereafter exported to ln accordance with Artide 2 ofthis , shall be eligible, upon importation into that country, for thetariff treatment provided for in to this Agreement. Aproduct originating in , which has been imported into an EFTA countryother than and thereafter exported to in accordance withArtide 2 of this , shall be eligible, upon importation into that country,for the tariff treatment provided for ln to this Agreement. Aproduct originating ln , which has been imported into andthereafter exported to another EFTA country in acoordance with Artide 2 of thisAnnex, shall be eligible, upon importation into that EFTA country, for thetariff treatment provided for ln to this Agreement. 5- A product originating in an EPTA country other thanPortugal, which has been imported into and thereafter exported toPortugal in accordance with Artide 2 of this be eligible, uponimportation into , for the tariff treatment provided for in tothis Agreement. Prop.1979/80:26 306 Artide 26 (This does not contain an Artide 26) For the purpose of implementing Artide 2 of this anyproduct originating ln the territory of a State Party to this Agreement shall,on exportation to the territory of another State Party to this Agreement, betreated as a non-originating product during the period or periods in which thelast-mentloned State Party to this Agreement applies the råte of duty applicable to third countries to suchproducts in acoordance with this Agreement. Prop.1979/80:26 307 APPENDIX 1 TQ AMNEX III EXPLANATORY NOTES Note 1 - Artide 1 The term "State Party to this Agreement" shallalso cover the territorial waters of this State. operating on the high seas, including factoryships, on which the fish caught is worked or processed shall be considered aspart of the territory of the State Party to this Agreement to which they belongprovided that they satisfy the conditions set out in Explanatory Note 5. Note 2 - Articles 1 and 2 In order to determine whether goods are originatingproducts it shall not be necessary to establish whether the power and fuel,plant and equipment, and and tools used to obtain such goodsorlgi.nate in t.hird countries or not. Note 3 - Artides 2 and 5 Por the purpose of implementing the provisions ofparagraph l(b) of Artiole 2 the percentage rule must be observed by referring,for the added value acquired, to the provisions contained ln Lists A and B.Where the products obtained appear in List A, the percentage rule thereforeconstitutes a crlterion additional to that of change of tariff heading for anynon-originating product used. Likewise the provisions ruiing out thepossibility of cumulating the percentages shown in Lists A and B for any oneproduct obtained are applicable in each country for the added value acquired. Note 4 - Articles 1 and 2 Packing shall be considered as forming a whole with thegoods contained therein. This provision, however, shall not apply to packingwhich is not of the normal type for the artiole packed and which has Intrinsicutilization value and is of a durable nature apart from its function aspacking. 1979/80:26 308 Note 5 - Artide 4(f) The term "its " shall apply only toveaaela: (a) which areregistered or recorded in a State Party to this Agreement; (b) which sallunder the flag ->f a State Party to this Agreement; (c) which are atleast 50 per cent owned by nationals of a State Party to this Agreement or by acompany with its head office in such a State, of which the manager or managers,chairman of the board of directors or of the supervisory board, and themajority of the members of such boards are nationala of a State Party to thisAgreement and ot which, in addition, in the case of partnerships or limitedcompanies, at least half the capital belongs to such a State or to publicbodies or nationals of such a State; (d) of which the captaln and officers are all nationals of a State Party to this Agreement; (e) of which at least 75 per cent of the crew are nationals of a State Party to this Agreement. Note 6 - Artide 6 "Ex-works price" shall mean the price paid tothe manufacturer ln whose undertaking the last working or processing is carriedout, provided the price includes the value of all the products used inmanufacture. "Customs value" shall be understood as meaningthe Customs value laid down in the Convention concerning the Valuation of Goodsfor Customs Purposes signed in on 15th . Note 7 - Paragraph 1 of Artide l6 and Artide 22 Where an EUR.l certificate has been issued under the conditionslaid down in paragraph 3 of Artide 9 and relätesto geods re-exported in the same state, the Customs authorities of the countryof deatinatlcn must be able to obtain, by means of administrative co-operatlon,true copies of the EUR.l certificate or certificates issued previously relatingto those goods. 1979/80:26 309 List of working or processing operations which result in a change of tariff heading without conferrlng the status of "originating" products on the products undergoing such operations, or conferrlng this status only subject to certain conditions Worlcing OP proce:;slr that does not confer the :;tacus of Woriflng or processing chac confers the status of|OPlglnatlng products when the following condition» are aet Älgar canfectlonery, not containing cocoa, excludln?liquorice extract containing siore than 10 by w«ight rf sucrose butno-, containing other added substarices Chocolate and othe fooc preparatlons contalninc cocoa, exduding products other than cocoa pOwder, jnot otherwise sweetened than by the addition of sucrose, Ice cream (not Inciudlng Ice-cr«ampowder) and other Ices, chocolate and chocQiate goods. whether or not filled and sugar r:onfectlonery and substitutes therefor made from sugar substltxitlon products, containing cocoa, ln Immediate paciclngs of a net capacity of more than 50O g Preparations of flour, meal. starch or malt extict, of i kind used as Infant food or for dietetic or culinar>purposes, containing less than by welgnt of cocoe Macaroni, spaghetti and similar prodacts Tapioca and sigot tapioca and sago substitutesobtained from potato or other starshes Prepared foods obtained by the swelling or roatlfg of cer«al3 or cereal products (puffed rice, com flakes and similarproducts) Bread, ships* biscuits and other ordinary bakers' wares. not containing added sugar, honey, eggs, fats, cheese orfruit; communion wafers, cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products Manufacture from other products of Chapter 17 the value cf which exceeds of the value of the finished product Manufacture from products of Chaoter 17 the value of uhlch exceeds 30Jt of the value of the finished product Manufacture from products of heading Mc. Manufacture from cereals and derivatlves thereof, meat and milk, or ln which the value of products cf Chapter 17used exceeds 30]K of the value of the finished product Manufacture from potato starch Manufacture from any product other than of Chapter 17 (1) or in which the value of the products of Chapter 17 usedexceeds }of the value of the finished product Manufacture from products of Chapter 11 Manufacture from durun whest (1) TMs rule does not apply where the use ofmalze of the "zea indurata" type or "durum wheat" ls concerned Working or processing that doea not confer the status of Pastry, biscuits, cake. aiid other fine bakers' wares, whether or not containing cocoa ln any proportion Manufacture frOB products of Chapter 11 Soups and broths ln liquid, solid or powder for» Itonufactyre froB product» of heading Ro. Lemonade, flayoured spa waters and flavoured aerated waters, and other non- alcoholic beverages, not Inciudlng fruit and vegetable Juices falling withln heading No. 20.07, not containing allk or milk fats, containing sugar (sucrose or Invert sugar); other Manufacture frtsa fruit Juices (1) or ln which the value of products of Ohapter 17 used exceeds JOi of che T«lu« of the finished product , and other wines of fresh grapes flavoured with aromatlc extracts Manufacture froB produeta of heading »0. Ofl.Ot, 20.07, 22.OU or 22.05 Spirits, exduding rua, arrack, tafla. gin, , vodka with ethyl alcohol content of or less and plua, pear and , containing eggs or egg-yolk and/or suar (sucrose or invert sugar) Manufacture froB products of heading Ho. OP.OU, 20.07, 22.OU or 22.05 {1} Itils ruie does not apply where fruit Juices ofpineapple, line and grapefrult are concemed Appendix2 to 3eotion I ttorlclnf or roceialiiK uut doci not confer the atatuft of Workingor pr»G«aaln( that confera th* acatua of originating produeta when thafollowing conditiona ar« act ax 26.19 Zinc oxide «x 26.36 AlualnluM sulpbate 50.03 Hedlcaaents (including veterinary aedlcaaantc} 31.09 Oth«r fertillaersi goodt of tht presentChapter in eablet». loiengei and sluilar prepared forvs or ln pactclnsof a groxc welgTit not exceeding 32.07 OtAer colouring matten Inorganic products of a kind used lunlnophnres ax 33.06 Aquaoua dlsriHatea and aqueoua »oiutlons of laentlal oils. Includl.ig «uch produeta lulcable fortflclnal oset 35.05 Dextrlns ind deittrln jluea; *olubif orroatced starches: starch * 35.07 Preparatlona uaed for [ clarifying beer. coaposed of papaln ana bentonite;«nz7Katlc preparations for dtaltlne texCllaa i Har.ufcture froa proctuccs of I hAttfing iro. Manufacture from naterialt of heading No. 12,OU or 32.05 (1) H*.xlng of oxides or :aiti of ChaDti>r 26 uithtxtenders auh as barium sulphate. chalk, DqrliJii darbonata and satinwnite « 1 ( Hanufactupt from casential oils Csrpenelpis or net), concrcCes, :ib»oIuCes or rcainoid* (I) Haaufactura ln whlob tha value of tha pratfuota ua«d aoBnot ez«a#d 90 «r ttia value of tht flAlah«d product umfaeturc ln whloh t>i« valua of th* produotiuaad doaa net exaafd yO$ ef the valua of tha flolabad product Kuiufacture ln which tha valu* of tha protfucta uaad doaanot exaaad 30)( of the valua of the flnlah«d pmduot Manufacture froffl aaize or potatces Manufacture ln uhlch the value of the produeta uaeddoea ot axcead of tha valua of the flniahad produo t (1) Ihaae provltl-ns de na ipply wher che produete are obtained frön produeta uhloh have acquired the statui oforlglnatlntc pm.luota in aooordarice with th Working or processing that does not c.nfer the status of working or proceaslng th«t confers the status of originating produeta when the following conditions tre aet Photographic plates and flin in the flat, sensitised. 37.02 (1) unexposed, of any nuterlal other than paper, paperboard Fil» ln rolls, sensitised. unexposed, perforated or not 37.01 (1) 37,0* Sensitised plates and fils. exposed but not developed, 37.01 or 37.02 (1) Dlslnfectants, Insecticides, fungicides, rat polions, herbicldes, anti-aprouting products, plant growth regulators and siBllAr products, put up ln foras or packings for sale by retail or as preparations or aa articles (for exaaple, sulphur-treated bands, -rtcks and eandlea, fly-papers) imufasture in which the vaiue of the products used does not exceed 50$ of the value of the finished product Prepared giailrgs, prepared dressings and prepared mordants, of i kind used ln the textile, paper, leather or like Industries Manufacture in which the value of the products used does not exceed 50f of the value of the fl.iisned product Wckllng preparatlons for metal surfaces; fluxes and other auxiliary preparatlons for soldering, brttlng or welding: soldering, brazing or welding powders and pastes consisting of >etal and othar aterlalj: preparatlons of a kind used »s cores or coatlngs for welding rods and electrodes Manufacture ln which the value of the oroducts used does net exceed 50* of the value of the finished product Antl-knock preparations, oxidation inhlbitors, gua Inhlbitors, vl.scoalty IBprovers, antl-corroslve preparatlons and similar prepared additives for ineral oils, exeludlng prepared additives for lubricanti Manufacture ln which the value of tbe products used does not exceed JOJf of the value or che finlahed product Manufacture ln whleh value of tbe produeta uaed does not exceed of the value of tne finlahed product PreparqClons and charges for flre-extinguishersj charged fIre-extingulahlng Manufacture ln whleh the value of tne prodQeta used does not exceed 50$ of the value of the finished product '1} These provisions do not apply where the productsare obtained from products which have aoquired the status of originatingproducts ln accordance with the conditions laid down in Llat B. Appendix 2 to Ajinex IIX Section I ~j Working or proceaslng doea not confef the status of originating products Vorlclng or procesalng that confers the status oforiginating products vhen the foll'>wing conditions are aet Co.-oposite solvents And thinners for varnishes 4nd similar products Chemical products and pre- parations of the chemicalor allled induötrles (Including those consisting of mlxtures of naturalproductaK not elsewhere specified or Included; aaldual products of theehealcal or allled Industries, not elsewhere specified or included,exduding t - Puael oil and dlppeTs oil; - Naphtnenlc acids and their water>lnsoluble salts; of naphthenic acids: - 3ulphonaphtheni>; acids and their water-Insolubl* salts; ot sulphonaphthenic tclds: - sulpnonates, exduding sclphonates of alkali aetals of amaonlum or of ethano-lamlnea. thlophenated sulphonlc acids of oils obtained from bituminous , and their *alts; - Hlxed a Lk-lbenzene- and mixed alkylnapnthalenes: { - lon exchangers; - Oatters forvacuum tubes; - Refractory cemcntc or mörtars and slnilar compoaitlons; - Alkallneiron oxide for the purification of gas; - Carbon (exduding that in artificial graphite of heading Ifo. 38.01) inmetal-graphlte or other compounos, ln the form ot arnall plates, bars or other seml-manufactures: Nanufaccure in whleh the value of the produeta uaeddoea not axcced 50 of the value of the finished product Manufacture in which the value of tha products used doeanot exeaad of the value of the finlahed product Working or processing that does not confer the status of Working or processing that confers the status of originating products when the following conditions are ex 38.19 (confd) ex J8,19 ex 39.02 - Sorbitol other than that of heading No. - ABBonlacal gas llquors and spent oxide produced ln coal gas purification Jluxlllary products of a kind used ln the textile, leather and paper Industries (not elsewhere specified or included); composlte plasticisers, hardeners, and stabilizers for plastic Baterlals and for products based on plastic materials (not elsewhere specified or Included) Manufacture ln whlcft the value of the produete used does not exceed 6o% of the value of the finlahed product (1) Manufacture in which the value of the products used does not exceed Ofl ot the value of the finished product (1) Itiese provisions shall continue to be applied until31st Appendix 2 1X1 Seatlon I .»roducts obtained CU5tO»S i i Working or processing that does I not confer the status of I originating produeta Articles of aaterlals of the kinds described ln headingsNos. 39.01 CO 39.06 witn the exception of fans and hand serbens, non-nechanical, fraif>es and handles Therefor and parts of such frames and handles* and corset busks and slallar supports for artides ofapparel or dothlnit accesaorles sheets and strip, of unvulcanised natural or synthetic rubber, other than saoked sheets and crepe sheets cfheading No. iiO.Ol or ito.02; granules of unvulcanised natural or synthetic rubber compounded ready for vulcaniaationt >invulcanlsednatural or synthetic rubber, coapounded before or after coslatlon eitherwith carbon black (with or without the addition of oil) orwith silica luith nr irithout the addition of miner-al oll|. In any form, of a kind known as sasterbatch Patent leather and inltation patent leather; metallised leather