prop · G30326 · 1979-12-31 00:00:00 — (a) onlyproducts originating in any of those States have been used in the course of theworlcing or processing; (b) where apercentage rule limits in the Ust A or in List B referred to in Artide 5. theproportion ln value of non-originating products that can be incorporated undercertain circumstances. the added value has been aoquired ln each of the otherStates Parties to this Agreement ln accordance with the percentage rules andwith the other rules contained ln the said Lists without any possibility ofcumulatlon from one State Party to this Agreement to another. Por the purpose of implementing paragraph l(a) thefact that products other than those referred to in this sub-paragraph are used in a proportion not exceeding ln total value 5 per cent of the value of the products obtained and Imported into the territory of a State Party to this Agreement does not affect the determination of the origin of the latter products, provided that they would not have caused the products exported from the territory ln which they originated ln the first place to lose their status of originating products had they been incorporated there. In cases referred to under paragraphs I (b) and 2 nonon-originating product may be incorporated if it only undergoes the working orprocessing provided for in paragraph of Artide 5. Artide 3 (This does not contain an Artide 3) The following shall be considered as obtained in aState Party to this Agreement within the meaning of subparagraph (a) of Artide1: (a) mineralproducts extracted from its soll or from its seabed; (b) vegetableproducts harvested there; (c) liveanimals bom and raised there; (d) products from live animals raised there; (e) products obtained by hunting or flshing conducted there; (f) products of sea flshing and other products taken from the sea by its ; (g) products made aboard its factory ships exdusively from products referred to in sub-paragraph (f); (h) used artides collected there fit only for the recoveryof raw materials; (i) waste and scrap resulting from meuiufacturingoperations conducted there; (j) goods produced there exdusively from productsspecified ln sub-paragraphs (a) to (i). Prop.1979/80:26 282 AnnexIII to the Agreement For the purpose of implementing sub-paragraph (b)of Artide 1, the following shall be considered as sufficient working or processing: (a) workingor processing as a result of which the goods obtained receive a dassificationunder a tariff heading other than that covering each of the products worked orprocessed, except, however, working or processing specified in List A, wherethe special provisions of that list apply; (b) workingor processing specified in List B. "Sections", "Chapters" and"tariff headings" shall mean the Sections, Chapters and tariffheadings in the Nomenclature for theClassification of Oocds in Customs Tariffs. When, for a given product obtained, a percentagerule limits in List A and in List B the value of the materials and parts which can be used, the total value of these materials and i>arts, whether or not they have changed tariff heading in the course of the working, processing or assembly within the limitsand under the conditions laid down in each of those two lists, may not exceed,in relation to the value of the product obtained, the value correspondingeither to the common råte ifthe råtes are identical in both lists, orto t:he higher of the two if they are different. For the purpose of implementing sub-paragraph (b)of Artide 1, the following shall still be considered as insufficlent working or processing to confer the status of originating product, whether or not there is a change of tariff heading: 1979/80:26 283 (a) operationsto ensure the preservation of merchsuidise in good condition during transportand storage (ventilation, spreadlng out, drying, chiliing, placing in salt,sulphur dioxide or other acqueous solutions, removal of damaged parts and likeoperations); (b) simpleoperations consisting of removal of dust, sifting or screening, sorting,dassifying, matching (induding the making up of sets of artides), washing,painting, cutting up; (c) (i) changes of packing and breaklng up and assembly ot consignments; (ii) placing in bottles, fläsks, bags, cases, boxes, fixing on cards or boards, etc, and all othersimple packing operations; (d) affixlng marks, labels or other likedistinguishing slgns on products or their packaging; (e) simple mixing of products, whether or not of different kinds, where one or more components of the mixture do not meet the conditions laid down ln this to enable them to be considered as originating products; (f) simple assembly of parts of artides toconstitute a complete artide; (g) a combination of two or more operationsspecified in sub-paragraphs (a) to (f); (h) slaughter of animals. Prop.1979/80:26 284 Where the Lists A and B referred to in Artide 5provide that goods obtained shall be considered as originating products only if the value of the products worked or processed does not exceed a given percentage of the value of the goods obtained, the values to be taken into consideration for determining such percentage shall be: on the one hand, as regards products whose importation can be proved: theirCustoms value at the time of importation; as regards products of undetermined origin: the earliestascertainable price paid for such products in the territory where manufacturetakes place; and on the other hand, the ex-works price of the goods obtained, less internaltaxes refunded or refundable on exportation. This Artide also applies for the Implementation of Artide2. Where Artide 2 applies, "added valueacquired" shdl be understood as meaning the difference between the ex-works price of the goods obtained, less internal tauces refunded or refundable on exportation from the territory concemed and the Customs value of all the products imported and worked or processed ln that territory. Prop.1979/80:26 285 Goods originating in the sense of this andconstituting a single shipment which is not split up may be transported throughterritory other than that of any State Farty to this Agreement with, shoxildthe occasion arise, transhipnent or temporary warehousing in such territory,provided that the crossing of the latter territory is Justlfled forgeographical reasons, that the goods have remained under the surveillance ofthe Custcms authorities in the country of transit or of warehousing, that theyhave not entered into the commerce of such countries nor been delivered forhome use and have not undergone operations, other than unloading, reloading orany operation designed to preserve them in good condition. Prop.1979/80:26 286 TITLE II Methods of adminlstcative co-operation Artide 8 Originating products within the meaning of thisAnnex shall, on importation into a State Party to the Agreement, benefit from the Agreetnent upon submission of one of the following documents, provided that the notation "TRADE" has been printed in block letter outline diagonally across the document: (a) an EUR.lmovement certificate, hereinafter referred to as an EUR.l certificate, aspecimen of which is given at Appendix 5 to this , or (b) a formEUR.2, a specimen of which is given at Appendix 6 to this , forconsignments consisting only of originating products and provided the valuedoes not exceed 1,500 units of account per consignment. The following shall be admitted as originatingproducts within the meaning of this , without it being necessary to produce either of the documents referred to in paragraph 1: (a) productssent as small packages to private persons, provided that the value of theproducts does not exceed 100 units of acceunt; (b) productsforming part of travellers' personal luggage, provided that the value of theproducts does not exceed 300 units of account. Ttiese provisions shall be applied only when such goodsare not imported by way of trade and have been dedared as meeting theconditions required for the applicaticn of the Agreement, and where there is nodoubt as to the veracity of such declaration. Prop.1979/80:26 287 Inportatlons which are occasional and oonsiat solely ofgoods for the personal use of the reclplents or travellers or their familiesshall not be considered as importations by way of trade if it is evident fromthe nature and quantity of the goods that no commercial purpose is in view. The unit of account (UA) has a value of O.88867088grams of fine gold. Should the unit of account be changed, the States Parties to this Agreement shall make contact with each other et level to redeflne the value ln terms of gold. Accessories, spare parts and tools dispatched witha piece of BTUipment, , apparatus or vehicle which are part of the normal equipment and included in the price thereof or are not separately invoioed are regarded as one with the piece of equipment, , apparatus or vehicle in question. Sets, within the meaning of General 3 of theCustoms Nomenclature, shall be regarded as originating when all component articles are originating products. Nevertheiess, when a set is composed of originating and non- originating articles, the set as a whole shall be regarded as originating provided that the value of the non-originating artides does not exceed 15 per cent of the total value of the set. 1979/80:26 288 An EUR.lcertificate shall be issued by the Customs authorities of the exporting Statewhen the goods to which it relätes are exported. It shall be made available to the exporter as soonas actual exportation has been effected or ensured. Ttne EUR.l certificate shall be issuedby the Customs authorities of a State Party to this Agreement if the goods tobe exported can be considered as products originating in that State within themeaning of Artide 1 of this . TheCustoms authorities of the States Parties to this Agreement may issue EUR.lcertificates if the goods to be exported can be considered as productsoriginating in a State Party to this Agreement within the meaning of Artide 2of this and provided that the goods covered by the EUR.l certificates arein its territory. Where Artide 2 of this is applied, the EUR.lcertificates shall be issued by the Customs authorities of each of thecountries concerned where the goods have either been held before theirre-exportation ln the same state or undergone the working or processingreferred to in Artide 2 of this , upon presentation of the EUR.lcertificates issued previously. An EUR.l certificate may be issued only where itcan serve as the documentary evidence required for the purpose of implementing the preferential treatment provided for in this Agreement. The date of issue of the EUR.l certificate must beindicated in the box on the EUR.l certificate reserved for the Customsauthorities. In exceptional circumstances an EUR.l certificatemay also be issued after exportation of the goods to which it relätes if it was not issued at the tljne of exportation because of errors, involuntary oraissions 9r special circumstances. 1979/80:26 289 The Customs authorities may issue an EUR.l certificateretrospectively only after verlfylng that the particulars supplied in thee.xporter's application agree with those on thé corresponding document. EUR.l certificates issued retrospectively must beendorsed with one of the following phrases: "NACHTRÄCLICH AU3GESTELLT", "DELIVRE A FOSTEP.IORI", "HILASCIATO A POSTERIORl", "ISSUED RETROSPECTIVELY", "AKNETTU JÄLKIKÄTEEN", "UTGEFID EFTIRA", "UTSTEDT SEtJERE", "FMITIDC A POSTERIORl", "UTFÄRDAT I EFTERHAND","EXPEDIDO A POSTERIORl". In the event of the theft, loss ordestruotion of £in EUR.l certificate, the exporter may apply to the Customs authorities which issued it for a duplicate to be made out on the basis of the export documents ir, their possession. The duplicate issued in this way nrust be endorsed with one of the following words; "DUPLIKAT", "DUPLICATA", "DUPLICATO", "DUPLICATE", "KÄKS01SKÄPPALE", "SAMRIT", "", "DUPLICADO". The duplicate, which must bear the date of Issue of the original EUR.l certificale, shall take effect as from that date. Theendorsements referred to ln paragraphs 5 and 6 shall be inserted in the "Remarks" box on the EUR.l certificate. It shall alwaysbe possible to replace one or more EUR.l certificates by one or more EUR.lcertificates, provided that this is done at the Customs office where thegoods are located. For the purpose of verifying whether the conditions stated in paragraphs 2 and 3 havebeen met, the Customs authorities shall have the right to eall for anydocumentary evidence or to oarry out any check which they consider appropriate. 1979/80:26 290 An EUR.lcertificate shall be issued only on application having been made in writing bythe exporter or, under the exporter's responsibility, by his authorizedrepresentative, on the form of which a specimen ia given at Appendix 5 to thisAnnex, which shall be completed in accordance with this . It shallbe the responsibility of the Cvistoms authorities of the exporting State toensure that the form referred to in paragraph 1 is properiy completed. Inparticvilar, they shall check whether the box reserved for the description ofthe goods has been completed in such a as to exclude any possibility offraudulent additions. To this end, the description of the goods muat be givenwithout leaving any blank lines. Wiere the box is not completely filled ahorizontal line arust be drawn below the last line of the description, theempty space being crossed through. Sincethe EUR.l certificate constitutes the docvunentary evidence for the applicationof the preferential tariff and quota arrangements laid down in the Agreement,it shall be the responsibility of the Customs authorities of the exporting Stateto take any steps necessary to verify the origin of the goods and to check theother statements on the certificate. 1)10 exporter or his representative shall submitwith his request any appropriate supporting dooument provlng that the goods to be exported qualify for the issue of an EDR.l certificate. When an BDR.l certificate is iaaued within themeaning of paragraph 5 of Artide 9 of this after the goods to which it relätes have actually been exported,the exporter oust in the application referred to in paragraph 1: 1979/80:26 291 - indioate theplace and date of exportation of the goods to which the EUR.l certificate relätes; - oertify that noEUR.l oertifloate was Issued at the time of exportation of the goods inquestion, and state the reasons. Applications for EUR.l certificates and the EUR.lcertificates referred to in the second sub-paragraph of paragraph 3 of Artide 9of this , upon presentation of which new EUR.l certificates are issuedmust be preserved for at least two years by the Customs authorities of theexporting State. 1979/80:26 292 EUR.lcertificates shall be made out on the form of which a specimen is given atAppendix 5 to this . This form shall be printed ln one or more of theofficial languages of the States Parties to this Agreement or in English. EUR.lcertificates shall be made out ln one of those languages and in accordance with the provisions of the domesticlaw of the exporting State; if they are handwritten, they shall be completed inink ln capital letters. The EUR.lcertificate shall measure . A tolerance of up to plus or minus5 mm may be allowed. The paper used must be whlte-slzed writing paper not contalni.igmechanical pulp and weighing not less than /m . It shall have a printedgreen guilloche pattern background making any falsificatlon by mechanical orchemical means apparent to the eye. The EUR.l certificate shall bear thenotation "TRADE" printed ln block letter outline diagonally across the form. The States Parties to this Agreement may reservethe right to prlnt the EUR.l certificates themselves or may have them printed by printersapproved by them. In the latter case, each EUR.l certificate must include a referenne to such approval. Each EUR.l certificate must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, whether or not printed, by which It can be identified. 1979/80:26 293 m to -the Agreement An UR.l certificate must be submitted,within four months of the date of issue by the Customs authorities of the exporting State, to the Customs authorities of the importing State where the goods are entered, ln accordance with the procedures laid down by that State. The said authorities may require a translation of a certificate. They may also require the import declaration to be accompanied by a statement from the Importer to the effect that the goods meet the conditions required for the implementation of the Agreement. Without prejudice to paragraph 3 of Artide 5 ofthis where, at the request of the person dedarlng the goods at Customs, a dismantled or non-assembled artide falling within Chapter 84 or 85 of the Nomenclature ls imported by instalmenls under the conditions laid down by the competent authorities, it shdl be considered to be asingle artide and an EUR.l certificate may be submitted for the whole artideupon Importation of the first instalment, An EUR.l certificate wh-'.ch is submitted to theCustoms authorities of the importing State after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit the certificate by the final date set is due to force majeure or exceptional circumstances. In other cases of belated presentation, the Customsauthorities of the importing State may accept the EUR.l certificates where thegoods have been submitted to them before the said final date. The discovery of slight discrepancies betweentbestatements made in the EUR.l certificate and those made in the documents submitted to the Customs office for the purpose of carrying out Prop.1979/80:26 294 the formalities for importing the goods shell not ipsofacto render the certificate null and void, provided it is duly establishedthat the certificate corresponds to the goods. EUR.lcertificates shall be preserved by the Customs authorities of the importingState in acoordance with the rules in force in that State. Proof that theconditions aet out in Artide 7 of this have been met shall be provided bysubmission to 1be Customs authorities of the importing State of either; (a) a singlesupporting transport dooument, made out in the exporting State, .under thecover of which the trjinsit country has been crossed; or (b) a certificateIssued by the Customs authorities of the transit country containing: (i) an exact description of the goods, (il) the date of unloading and reloading of the goods and, where applicable, the names of the ships, (iii) certified proof of the conditions under vdiioh thegoods have stayed in the transit country; (c) or, failing these, any substantiating documents. Prop.1979/80:26 295 By derogationfrom paragraphs 1 to 6 of Artide 9 and from paragraphs l and 6 of Artide 10 ofthis , a simpllfied procedure for the issue of EUR.l certificates isapplicable in accordance with the following provisions. The Customsauthorities in the exporting State may authorize any exporter, hereinafterreferred to as "approved exporter", who satisfles the conditions set out in paragraph 3 andwho Intends to carry out transactions for which EUR.l certificates may beissued, not to submit to the Customs office ln the exporting State at the timeof export either the goods or the application for an EUR.l certificate relatingto those goods for the purpose of obtaining an EUR.l certificate under theconditiona laid down ln paragraph 4 of Artide 8, paragraphs 1 to 4 of Artide 9and paragraph 2 of Artide 12 of this . authorities in the exporting State may declarecertain categories of goods Ineligible for the special treatment provided forin paragraph 1. The authorization referred to in paragraph P shallbe granted only to exporters making frequent shipments and who offer, to the satisfaction of the Customs authorities, all guarantees necessary to verify the originating status of the products. Ihe Customs authorities shall refuse such authorization toexporters who do not offer all the guarantees which they consider necessary. The Customs authorities may withdraw the authorization atany time. They must do so where the approved exporter no longer satisfles theconditions or no longer offers these guarantees. Prop.1979/80:26 296 The authorization shall stipulate, at the choiceof the Customs authorities, that box No. 11, "Customs Endorsement", of the EUR.l certificate must: (a) either beendorsed beforehand with the stamp of the competent Customs office of theexporting State and the handwritten or non-handwritten signature of an officialof that office, or (b) be endorsed bythe approved exporter with a special stamp which has been approved by theCustoms authorities of the exporting State and corresponds to the specimengiven at Appendix 7 to this ; this stamp may be preprinted on the forms. 11, "Customs Endorsement", of the EUR.lcertificate shall be completed if necessary by the approved exporter. In the cases referred to in paragraph 4(a), one ofthe following phrases shall be entered ln box No. 7, "Remarks", of the EUR.l certificate: "Simpllfied procedure", "Vereinfachtes Verfahren", "Procedure siraplifiée","Procedura sempllflcata", "Yksinkertaistettu menettely", "SlnHJldun afgreldslu","Forenklet prosedyre", "Procedimento simpllficado", "Förenklad procedur". The approved exporter shall if necessary indicate in boxNo. 13, "Request for Verification", of the EUR.l certificate the nameand address of the Customs authority competent to verify the EUR.l certificate. Prop.1979/80:26 297 In the authorization the Customs authorities shallspecify in particular: (a) the conditionsunder which the applications for EUR.l certificates are made, (b) the conditionsunder which these applications and the EUR.l certificates used as the basis forthe issue of other EUR.l certificates under the conditions laid down in thesecond subparagraph of paragraph 3 ° Artide9 of this are kept for at least two years, (c) in the casesreferred to in paragraph 4(b), the Customs authorities competent to carry outthe subsequent verification referred to ln Artide 17 below. Where the simpllfied procedure applies, the Customsauthorities of the exporting State may prescribe the use of EUR.l certificatesbearing a distlnotlve sign by which they may be identified. The approved exporter may be required to inform theCustoms authorities, in accordance with the rules which they lay down, of goods to b» dispatched by him, so that thecompetent Customs Office may make any verification it thinks necessary before the dispatch of the goods. The Customs authorities in the exporting State may carryout any check on the approved exporter which they consider necessary. Theapproved exporter must allow this to be done. The provisions of this Artide shall not prejudice application of the rules of the States Parties to this Agreement on Customs formalities and the use of Customs documents. 1979/80:26 298 to the A4;reefflent For.a EUR.2shall be comijleted and signed by the exporter or, under his responsibility, byhis authorized representative. It shall be made out on the form of which aspecimen is given at Appendix 6. This form shall be printed in one or more ofthe official languages of the States Parties to this Agreement or in English.It shall be made out in ore of those languages and ln accordance with theprovisions of the domestic law of the exporting State. If it is handwritten itmust be completed in ink and in capital letters. One form EUR.2shall be completed for each consignment. 3- Form EUR.2 shall measure . A tolerance ofup to plus or minus 5 'nni in the length may be allowed. The paper usedshall be white-sized writing paper not containing mechanical pulp and weighingnot less than /m . The form EUR.2 shall bear the notation "EFTA-SPAINTRADE" printed in block letter outline diagonally across the form.