prop · GG03221 · 1992-12-31 00:00:00 — EUR.l certificates shall be made out on the fom ofwhich a specimen is given in to this Protocol. This forn shall beprinted in one or nore of the official languages of the States, Parties to thisAgreenent, or in English. EUR.l certificates shall be nade out in one of thoselanguages and,in accordance with the provisions of the domestic law of thieexporting State; if they are handwritten, they shall be completed in ink incapital letters. The EUR.l certificate shall be 210 x 297 nilllnetres.A tolerance of up to plus 8 millimetres or minus 5 millimetres in the lengthnay be allowed. The paper used nust be white-sized writing paper notcontaining nechanical pulp and weighing not less than 25 grannes per square 225 15 1992/93. It shall have a printed green guilloche patternbackground making any falsification by nechanical or chemical neans apparent tothe eye. The States, Parties to this Agreenent, nay reservethe right to print the EUR.l certificates themselves or may have them printedby printers approved by them. In the latter case, each EUR.l certificate mustinclude a reference to such approval. Each EUR.l certificate nust bear thename and address of the printer or a mark by which the printer can beidentified. It shall also bear a serial number, whether or not printed, bywhich it can be identified. An EUR.l certificate must be submitted, within fourmonths 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,in accordance with the procedures laid down by that State. The saidauthorities may require a translation of a certificate. They may also requirethe import dedaration to be accompanied by a statement from the importer to theeffect that the goods meet the conditions required for the implementation ofthe Agreement. Without prejudice to paragraph 5 of Artide 5, where,at the request of the dedaring the goods at customs, a dismantled ornon-assembled article falling within Chapter 84 or 85 of the Harmonized Systemis imported by instalments under the conditions laid down by the competentauthorities, it shall be considered to be a singie article and an EUR.lcertificate nay be submitted for the whole article upon Inportation of thefirst instalnent. An EUR.l certificate which is subnitted to thecustoms authorities of the importing State after the final date forpresentation specified in paragraph 1 nay be accepted for the purpose ofapplying preferential treatnent, where the failure to subnit the certificate bythe final date 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. Prop.1992/93:221 ProtocolB The discovery of slight discrepancies between thestatements made in the EUR.l certificate and those made in the documentssubmitted to the customs office for the purpose of carrying out the formalitiesfor importing the goods shall not ipso facto render the certificate null and void, provided it is dulyestablished that the certificate corresponds to the goods. EUR.l certificates shall be preserved by the customsauthorities of the importing State in accordance with the rules in force inthat State. Proof that the conditions set out in Article 7 havebeen met shall be provided by submission to the customs authorities of theimporting State of either: (a)a singiesupporting transport document, made out in the exporting State, under the coverof which the transit country has been crossed; or (b)acertificate issued by the customs authorities of the transit countrycontaining: an exact description of the goods, the date of unloading and reloading of the goods and,where applicable, the names of the ships, certified proof of the conditions under which the goodshave stayed in the transit country; (c) or, failing these, any substantiating documents. Notwithstanding paragraphs 1 to 7 of Article 9 andparagraphs 1, 4 and 5 of Article 10, a simplified procedure for the issue ofthe documentation relating to the evidence of origin shall be applicable underthe tems of the provisions set out below. Prop.1992/93:221 Protocol B The customs authorities in the exporting State nayauthorize any exporter, hereinafter referred to as "approvedexporter", who makes frequent shipments for which EUR.l certificates naybe issued, and who offers to the satisfaction of the customs authorities allguarantees necessary to verify the originating status of the goods, not tosubmit to the customs office in the exporting State at the time of exporteither the goods or the application for an EUR.l certificate relating to thosegoods, for the purpose of obtaining an EUl.l certificate under the conditionslaid down in paragraphs 1 to 4 of Article 9. 3, In addition, the custons authorities nay authorize anapproved exporter to draw up EUR.l certificates, valid for a maximum period ofone year from the date of issue, hereinafter referred to as "LTcertificates". The authorization shall be granted only where the originatingstatus of the goods to be exported is expected to remain unchanged for theperiod o:f vaiidity of the LT certificate. If any goods are no longer coveredby the LT certificate, the approved exporter shall immediately inform thecustoms authorities who gave the authorization. Where the simplified procedure applies, the customsauthorities of the exporting State may prescribe the use of EUR.l certificatesbearing a distinctive sign by which they may be identified. 4, The authorization referred to in paragraphs 2 and 3shall stipulate, at the choice of the customs authorities, that the Box 11,'Customs endorsement', of the EUR.l certificate must: (a)eitherbe endorsed 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)beendorsed by the approved exporter with a special stamp which has been approvedby the customs authorities of the exporting State and corresponds to thespecimen given in to this Protocol; this stamp nay be preprinted on thefom. Box 11, 'Customs endorsement', of the EUR.l certificateshall be completed if necessary by the approved exporter. Prop.1992/93:221 ProtocolB In the cases referred to in paragraph 4 (a), one ofthe following phrases shall be entered in box 7, "Remarks", of theEUR.l certificate: "Simplified procedure", "Yksinkertaistettumenettely", "Procedure simplifiée", "Vereinfachtes Verfahren", "Einföldud afgreidsla","Procedura semplificata", "Forenklet prosedyre", "Förenklad procedur,"EgyszerUsItett eljäräs", "Zjednodusené rizenl", Zjedodusené konanie", "Uproszczonaprocedura". The approved exporter shall if necessary indicate in Bojc 13,"Request for verification", the name and address of the customsauthority competent to verify the EUR.l certificate. 6, In the case referred to in paragraph 3, the approvedexporter shall also enter in box 7 of the EUR.l certificate one of thefollowing phrases: "LT certificate valid until ...","LT-todistus voimassa ... saakka", "certificat LT valablejusqu'au ...", "LT-Zertifikat gUltig bis ...","LT-sklrteini gildir til ...", "certificato LT valido fino al...", "LT-sertifikat gyldig til ...", "LT-certifikat giltigttill ...", "LT bizonyitväny érvényes ... -ig", "LT osvldeeniplatné do ...", "LTosved'!5enie platné do ..,", "LT-certifikatwazny do ...", (date indicated in numerals), and a reference to the authorization under which therelevant LT certificate has been issued. The approved exporter shall not be required to refer inBox 8 and Box 9 of the LT certificate to the marks and numbers and number andkind of packages and the gross weight (kg) or other measure (litres, m3, etc.) Box 8 must, however, contain a description and designation of the goods whichis sufficiently precise to allow for their Identification. Notwithstanding paragraphs 1 to 3 of Article 12, theLT certificate nust be submitted to the customs office of Inport at or beforethe first importation of any goods to which it relätes. When the importer outthe customs clearance at several customs offices in the State of importation,the customs authorities may request him to produce a copy of the LT certificateto all of those offices. Prop.1992/93:221 ProtocolB Where an LT certificate has been submitted to thecustoms authorities, the evidence of the originating status of the importedgoods shall, during the vaiidity of the LT certificate, be given by invoiceswhich satisfy the following conditions: (a)when aninvoice indudes both goods originating in a State, Party to this Agreement, inthe , in or in the Slovak Republic and non-originatinggoods, the exporter shall distinguish clearly between these two categories; (b)theexporter shall state on each invoice the number of the LT certificate whichcovers the goods and the date of expiry of the certificate and the name(s) ofthe country or countries in which the goods originate. The statement on the invoice nade by the exporter of thenumber of the LT certificate with the indication of the country of origin shallconstitute a dedaration that the goods fulfil the conditions laid down in thisProtocol for the acquisition of preferential origin status in trade between theStates, Parties to this Agreement. The customs authorities of the exporting State may requirethat the entries, which, under the above provisions, must appear on theinvoice, be supported by the manuscript signature followed by the name of thesignatory in clear script; (c) the description and the designation of the goods on the invoice shall be in sufficient detail to show clearly that the goods are also listed on the LT certificate to which the invoice refers; (d) the invoices can be made out only for the goods exported during the period of vaiidity of the relevant LT certificate. They nay, however, be produced at the inport customs office within four nonths of the date of their being nade out by the exporter. In the framework of the sinplified procedures,invoices which satisfy the conditions of this Article nay be made out and/ortransmitted using télécommunications or electronic dataprocessing methods. Such Invoices shall be accepted by the customs of theimporting State as evidence of the originating status of the goods imported inaccordance with the procedures laid down by the customs authorities there. Prop.1992/93:221 ProtocolB Should the customs authorities of the exporting Stateidentify that a certificate and/or invoice issued under the provisions of thisArticle is invalid in relation to any goods supplied, they shall immediatelynotify the customs authorities of the importing State of the facts. The customs authorities nay authorize an approved exporter to make out invoices bearing the dedaration given in tothis Protocol in place of EUR.l certificates. The dedaration nade by the approved exporter on theinvoice shall be made out in one of the official languages of the States,Parties to this Agreement, of the , of , of the SlovakRepublic, or in English. It shall be signed in manuscript and must either: (a)have areference to the approved exporter's authorization number, or (b)beendorsed by the approved exporter with the special stamp referred to inparagraph 4 (b) which has been approved by the customs authorities of theexporting State. This stamp may be preprinted on the invoice. However, the customs authorities in the exporting State may authorize an approved exporter not to sign the statement in paragraph 8 (b) or the dedaration referred to in paragraph 11 given on the invoice, when such invoices are made out and/or transmitted using télécommunicationsor electronic data processing methods. The said customs authorities shall lay down conditions forthe implementation of this paragraph, including, if they so require, a writtenundertaking from the approved exporter, that he accepts full responsibility forsuch statement and dedaration as if they had in fact been signed in manuscriptby him. In the authorizations referred to in paragraphs 2, 3 and 11 the customs authorities shall specify in particular: (a) the conditions under which the application for EUR.lcertificates or for LT certificates are made or under which the dedarationconceming the origin of goods is made on the invoice; (b) the conditions under which these applications, aswell as a copy of the invoices referring to an LT certificate and of theinvoices bearing the exporter's dedaration, are kept for at least two years. In the case of LT certificates or invoices referring to an LT certificate, thisperiod shall begin from the date of expiry of vaiidity of the LT certificate. These provisions shall also apply to the EUR.l certificates or LT certificatesand the invoices referring to an LT certificate, as well as to invoices bearingthe exporter's dedaration, having served as the basis for the issue of otherevidence of origin, used under the conditions laid down in the secondsub-paragraph of paragraph 3 of Article 9. The customs authorities in the exporting State maydeclare certain categories of goods ineligible for the special treatmentprovided for in paragraphs 2, 3 and 11. The customs authorities shall refuse theauthorizations referred to in paragraphs 2, 3 and 11 to exporters who do notoffeir all the guarantees which they consider necessary. The customs authorities may withdraw the authorizations atany time. They must do so where the conditions of approval are no longersatisfied or the approved exporter no longer offers those guarantees. The approved exporte]r may be required to inform thecustoms authorities, in accordance with the rules which they lay down, of goodsto be dispatched by him, so that the competent customs office may make anyverification it thinks necessary before the dispatch of the goods. The provisions of this Article shall not prejudiceapplication of the rules of the States, Parties to this Agreement, on customsformalities and the use of customs documents. The dedaration referred to in paragraph 1 (c) of Article 8shall be made out by the exporter in the fom given in to this Protocol in one of theofficial languages of the States, Parties to this Agreement, of the CzechRepublic, of , of the Slovak Republic or in English. It shall be typed orstamped and signed by hand. The exporter must keep a copy of the invoicebearing the said dedaration for at least two years. The exporter or his representative shall submitwith his request for an EUR.l certificate any appropriate supporting document proving that the goods to be exported qualify for the issue of an EUR.l certificate. He shall undertake to submit at the request of theappropriate authorities, any supplementary evidence they may require for thepurpose of establishing the correctness of the originating status of the goodseligible for preferential treatment and shall undertake to agree to anyinspection of his accounts and to any check on the processes of the obtainingof the above goods, carried out by the said authorities. 2.Exportersmust keep for at least two years the supporting documents referred to inparagraph 1, 3.Theprovisions of paragraphs 1 and 2 shall apply mutatis mutandis in the case ofthe use of the procedures laid down in paragraphs 2 and 3 of Article 13 and ofthe declarations referred to in paragraphs 1 (b) and 1 (c) of Article 8. Goods sent from an or frön for exhibition in acountry other than a State, Party to this Agreement, the , Polandor the Slovak Republic, and sold after the exhibition for importation intoHungary or into an benefit on importation from the provisionsof this Agreement on condition that the goods neet the requirements of thisProtocol entitling them to be recognized as originating in an or inHungary and provided that it is shown to the satisfaction of the customsauthorities that: Prop.1992/93:221 ProtocolB (a)anexporter has consigned these goods from an or from to thecountry in which the exhibition is held and has exhibited them there; (b)thegoods have been sold or otherwise disposed of by that exporter to someone inHungary or in an EFTA State; (c)thegoods have been consigned during the exhibition or immediately thereafter toHungary or to an in the state in which they were sent forexhibition; (d) the goods have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition. 2.An EUR.lcertificate must be produced to the customs authorities in the normal . The name and address of the exhibition must be indicated thereon. Wherenecessary, additional documentary evidence of the nature of the goods and theconditions under which they have been exhibited may be required. 3.Paragraph1 shall apply to any trade, industrial, agricultural or crafts exhibition, fairor similar public show or display which is not organized for private purposesin shops or business premises with a view to the sale of foreign goods, andduring which the goods remain under customs control. 1.In orderto ensure 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, induding those issued under paragraph 3 of Article 9 and theexporters' declarations made on invoices. 2.TheJoint Connittee ehall be authorized to take any decisions necessary for thenethods of administrative cooperation to be applied in due time in the StatesParties to this Agreement. 3.Thecustoms authorities of the States, Parties to this Agreement, shall provideciach other, through the EFTA Secretariat, with specimen impressions of stampsused in their customs offices for the issue of EUR.l certificates. Penalties shall be imposed on any person who drawsup, or causes to be drawn up, a document which contains incorrect particulars for the purpose of obtaining a preferential treatment for goods. The States, Parties to this Agreement, shall takeall necessary steps to ensure that goods traded under cover of an EUR.l certificate, which in the course of transport use a free zone situated in their territory, are not substituted by other goods and that they do not undergo handling other than normal operations designed to prevent their deterioration. When products originating in a State, Party to this Agreement, and imported into a free zone under cover of an EUR.l certificate undergo treatment or processing, the customs authorities concemed must issue a new EUR.l certificate at the exporter's request if the treatment or processing undergone is in conformity with the provisions of this Protocol. 1.Subsequentverifications of EUR.l certificates and of exporters' declarations made oninvoices shall be carried out at random or whenever the customs authorities ofthe importing State have reasonable doubt as to the authenticity of thedocument or the accuracy of the information regarding the true origin of thegoods in question. 2.For thepurposes of implementing the provisions of paragraph 1, the customs authoritiesof the importing State shall return the EUR.l certificate and the invoice, ifit has been submitted, or the invoice referring to an LT certificate, or theinvoice bearing the exporter's dedaration or a copy of those documents, to thecustoms authorities of the exporting State, giving where appropriate, thereasons of substance or form for an inquiry. The customs authorities shall forward, in support of therequest for a posteriori verification,any documents and information that have been obtained suggesting that theparticulars given on the EUR.l certificate or the invoice are inaccurate. Prop.1992/93:221 ProtocolB If the customs authorities of the importing State decideto suspend the provisions of the Agreement while awaiting the results of theverification, they shall offer to release the goods to the importer subject toany precautionary measures judged necessary. The custons authorities of the importing State shallbe informed of the results of the verification as soon as possible. Theseresults nust be such as to nake it possible to determine whether the documentsreturned under paragraph 2 apply to the goods actually exported, and whetherthese goods can, in fact, qualify for application of the preferentialarrangements. Where such disputes cannot be settled between the customsauthorities of the importing State and those of the exporting State or wherethey raise a question as to the interpretation of this Protocol they shall besubmitted to the Sub-Committee on customs and origin matters referred to inArtide 26. The decisions shall be taken by . For the purpose of the subsequent verification of EUR.lcertificates, the customs authorities of the exporting State must keep theexport documents, or copies of EUR.l certificates used in place thereof, for atleast two years. The States, Parties to this Agreement, shall each take thesteps necessary to implement this Protocol. The Annexes to this Protocol shall fom an integral partthereof. Goods which conform to the provisions of Title I and whichon the date of entry into force of the Agreement are either being transportedor are being held in a State, Party to 1992/93:221 ProtocolB this Agreement, in temporary storage, in bonded warehousesor in free zones, may be accepted as originating products subject to thesubmission, within four months from that date, to the customs authorities ofthe importing State of evidence of origin, drawn up retrospectively, and of anydocuments that provide supporting evidence of the conditions of transport. The States, Parties to this Agreement, undertake tointroduce measures necessary to ensure that the EUR.l certificates which theircustoms authorities are authorized to issue in pursuance of this Agreement areissued under the conditions laid down by this Agreement. They also undertaketo provide the administrative co-operation necessary for this purpose, inparticular to check on the itinerary of goods traded under this Agreement andthe places in which they have been held. 1.Withoutprejudice to the provisions of Protocol A, products which are of the kind towhich the Agreement applies, and which are used in the manufacture of productsfor which an EUR.l certificate, an LT certificate or the invoices referring tothe LT certificate, or an invoice bearing the exporter's dedaration are issuedor completed, can only be the subject of drawback of customs duty or benefitfrom an exemption of customs duty of whatever kind when products originating ina State, Party to this Agreement, in the , in or in theSlovak Republic, are concemed. 2.In thisArticle, the term "customs duty" also neans charges having an effectequivalent to customs duty. Where, by virtue of this Agreement, imports into anEFTA State are to be treated differently from imports covered by the EFTAConvention, the treatment provided for by this Agreement shall be applied toall products which are accompanied by evidence of origin referred to inparagraph 1 of Article 8, issued or nade out in , or Prop.1992/93:221 ProtocolB by any such evidence of origin issued in an andbearing the expression "Trade". An exporter in an or his representative shall enter the expression "Trade" on the evidence of origin in trade between the EFTA States in cases where products have obtained their originating status by virtue of this Agreement by use of materials originating in , in the , in or in the Slovak Republic. Notwithstanding the provisions of paragraph 1,products originating in an which are re-exported from , shall benefit at inport into an frön treatment equal to that which they would have received, had they been sent directly from one to another. The products must be in the same state or have undergone no working or processing in going beyond that referred to in paragraph 5 of Article 5.