prop · GF03142 · 1992-01-01 00:00:00 — Tid och villkor för införandet av den förenklade proceduren skall överenskommas efter överläggningar i underkommittén för ursprungs- och tullfrågor. b) Det är överenskommet att den lettiska regeringen skall meddela vilken myndighet som skall ha ansvaret för att utfärda certifikat enligt artikel 9 i protokoll A liksom att kontrollera äktheten och riktigheten av certifikat, härunder inbegripet de som utfärdats enligt artikel 9.3 jämte exportörsdeklarationer som gjorts på fakturor. c) Parterna är eniga om att bestämmelserna i artikel 23 i protokoll A inte skall gälla som avtalet tillämpas. Undantaget från artikel 23 kan förlängas i sänder efter beslut av . Om det fastställs att, som en följd av undantaget från artikel 23, en vara importeras till en parts område i sådana ökade kvantiteter och under förhållanden som orsakar, eller hotar att orsaka, allvarlig skada för producenter av liknande eller direkt konkurrerande varor i den berörda parten, får parten suspendera icke-tillämpningen av bestämmelserna i artikel 23. 1991/92 142 Protocol A Concerning the Definition of the Concept of ``'''''''' and Methods of Administrative Cooperation Definition of the concept of ``originating products'''''''' For the purpose of implementing the Agreement, and without prejudice to the provisions of Article 2, the following products shall be considered as products originating in or in . (a) products obtained in or in within the meaning of Article 4; (b) products obtained in or in incorporating materials which have not been obtained there, provided that: (b) (i)ii such materials have undergone sufficient working or processing in or in within the meaning of Article 5, or that (b) (ii)i such materials originate in the other Party to this Agreement, within the meaning of this Protocol, or that (b) (iii) such materials originate in Estonia or in in application of the origin rules in the Agreements establishing Free Trade Areas between on the one side and Estonia or on the other, in so far as the said rules are identical to those of this Protocol. For products obtained in the provisions of paragraph 1 (b) (iii) may be applied only on condition that the necessary administrative co-operation between , Estonia and for the implementation of these provisions has been established in accordance with the provisions of this Protocol. Notwithstanding the provisions of sub-paragraphs (b) (ii) and (iii) of paragraph 1 of Article 1, products originating within the meaning of this Protocol in or in or in Estonia or in application of the origin rules referred to in sub-paragraph (b) (iii) of paragraph 1 of Article 1, and exported from one State Party to this Agreement to the other in the same state or having undergone in the exporting State no working or processing going beyond that referred to in paragraph 5 of Article 5, retain their origin. For the purpose of implementing paragraph 1, where products originating in and in or in one or both of these States and Estonia and/or are used and those products have undergone no working or processing in the exporting State going beyond that referred to in paragraph 5 of Article 5, the origin is determined by the product with the highest customs value or, if this is not known and cannot be ascertained, with the highest first ascertainable price paid for the products in that State. (This protocol does not contain an Article 3) The following shall be considered as obtained in or in within the meaning of sub-paragraph (a) of paragraph 1 of Article 1: (a) products extracted from its soil or from its seabed; (b) vegetable products harvested there; (c) live animals born and raised there; (d) products from live animals raised there; (e) products obtained by hunting or fishing conducted there; (f) products of sea fishing and other products taken from the sea by its ; (g) products made aboard its factory ships exclusively from products referred to in subparagraph (f); (h) used articles collected there fit only for the recovery of raw materials, subject to Note 5a on used tyres contained in to this Protocol; (i) waste and scrap resulting from manufacturing operations conducted there; (j) goods produced there exclusively from products specified in sub-paragraphs (a) to (i). The expressions ``Chapters'''''''' and ``headings'''''''' used in this Protocol shall mean the Chapters and the headings (four digit codes) used in the Nomenclature which makes up the ``Harmonized Commodity Description and '''''''' (hereinafter referred to as the or HS). The expression ``classified'''''''' shall refer to the classification of a product or material under a particular heading. For the purposes of Article 1, non-originating materials are considered to be sufficiently worked or processed when the products obtained is classified within a heading which is different from those in which all the non- originating materials used in its manufacture are classified, subject to the provisions of paragraphs 3, 4 and 5. For a product mentioned in columns 1 and 2 of the List in to this Protocol, the conditions set out in column 3 for the product concerned must be fulfilled instead of the rule in paragraph 2. For the products of Chapters 84 to 91 inclusive, as an alternative to satisfying the conditions set out in column 3, the exporter may opt to apply the conditions set out in column 4 instead. For the purpose of implementing sub-paragraph (b) (i) of paragraph 1 of Article 1 the following shall still be considered as insufficient working or processing to confer the status of originating product, whether or not there is a change of heading: (a) operations to ensure the preservation of merchandise in good condition during transport and storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal damaged parts, and like operations); (b) simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, painting, cutting up; (c) (i) changes of packing and breaking up and assembly of consignments; (ii) simple placing in bottles, flasks, bags, cases, boxes, fixing on cards or boards, etc., and all other simple packing operations; (d) affixing marks, labels or other like distinguishing signs on products or their packaging; (e) simple mixing of products, whether or not of different kinds, where one or more components of the mixtures do not meet the conditions laid down in this Protocol to enable them to be considered as originating products; (f) simple assembly of parts of articles to constitute a complete article; (g) a combination of two or more operations specified in subparagraphs (a) to (f); (h) slaughter of animals. The term ``value'''''''' in the List in mean the customs value at the time of the import of the non- originating materials used or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the territory concerned. Where the value of the originating materials used needs to be established, this paragraph shall be applied mutatis mutandis. The term ``ex-works price'''''''' in the List in mean the ex-works price of the product obtained minus any internal taxes which are, or may be, repaid when the product obtained is exported. Goods originating in the sense of this Protocol and constituting a single shipment which is not split up may be transported through territory other than that of , , Estonia or with, should the occasion arise, transshipment or temporary warehousing in such territory, provided that the crossing of latter territory is justified for geographical reasons, that the goods have remained under the surveillance of the customs authorities in the country of transit or of warehousing, that they have not entered into the commerce of such countries or been delivered for home use there and have not undergone operations other than unloading, reloading or any operation designed to preserve them in good condition. Methods for administrative cooperation Originating products whithin the meaning of this Protocol shall, on importation into or , benefit from the Agreement upon submission of one of the following documents: (a) an EUR.1 movement certificate, hereinafter referred to as an ``EUR.1 certificate'''''''' or an EUR.1 certificate, valid for a long term, and invoices referring to such certificate made out in accordance with Article 13. A specimen of the EUR.1 certificate is given in to this Protocol; (b) an invoice bearing the exporter''''s declaration as given in to this Protocol, made out in accordance with Article 13; (c) an invoice bearing the exporter''''s declaration as given in to this Protocol, made out by any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed 5,110 units of account. The following originating products within the meaning of this Protocol shall, on importation into or , benefit from the Agreement without it being necessary to produce any of the documents referred to in paragraph 1: (a) products sent as small packages from private persons to private persons, provided that the value of the products does not exceed 365 units of account; (b) products forming part of travellers'''' personal luggage, provided that the value of the products does not exceed 1,025 units of account. These provisions shall be applied only when such goods are not imported by way of trade and have been declared as meeting the conditions required for the application of the Agreement, and where there is no doubt as to the veracity of such declaration. Importations which are occasional and consist solely of goods for the personal use of the recipients of travellers of their families shall not be considered as importations by way of trade if it is evident from the nature and quantity of the goods that no commercial purpose is in view. Amounts in the national currency of the exporting Party to the Agreement equivalent to the amounts expressed in units of account shall be fixed by the exporting State and communicated to the other Party to the Agreement. When the amounts are higher than the corresponding amounts fixed by the importing State, the importing State shall accept them if the goods are invoiced in the currency of the exporting State. If the goods are invoiced in the currency of the other Party to the Agreement, of Estonia or of the importing State shall recognize the amount notified by the State concerned. The equivalent of a unit of account in the currencies of , , Estonia or be the amounts specified in to this Protocol. The amounts expressed in units of account should be reviewed whenever necessary but anyway at least every second year. Accessories, spare parts and tools dispatched with a piece of equipment, , apparatus or vehicle which are part of the normal equipment and included in the price thereof or are not separately invoiced are regarded as one with the piece of equipment, , apparatus or vehicle in question. Sets, within the meaning of General 3 of the , shall be regarded as originating when all component articles are originating products. Nevertheless, 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 articles does not exceed 15 per cent of the ex-works price of the set. An EUR.1 certificate shall be issued by the customs authorities of the exporting State when the goods to which it relates are exported. It shall be made available to the exporter as soon as actual exportation has been effected or ensured. The EUR.1 certificate shall be issued by the customs authorities of or if the goods to be exported can be considered as products originating in that State within the meaning of Article 1. The customs authorities in or in may, provided that the goods to be covered by the EUR.1 certificates are in its territory, issue EUR.1 certificate under the conditions laid down in this Protocol if the goods to be exported can be considered as products originating in or in or in Estonia or in within the meaning of Article 2. In such cases, the issue of the EUR.1 certificate is subject to the presentation of the evidence of origin issued or made out previously. An EUR.1 certificate may be issued only where it can serve as the documentary evidence required for the purpose of implementing the preferential treatment provided for in this Agreement or the Agreements referred to in sub- paragraph (b) (iii) of paragraph 1 of Article 1. The date of issue of the EUR.1 certificate must be indicated in the box on the EUR.1 certificate reserved for the customs authorities. In exceptional circumstances an EUR.1 certificate may also be issued after exportation of the goods to which it relates if it was not issued at the time of exportation because of errors, involuntary omissions of special circumstances. The customs authorities may issue an EUR.1 certificate retrospectively only after verifying that the particulars supplied in the exporter''''s application agree with those on the corresponding document. EUR.1 certificates issued retrospectively must be endorsed with one of the following phrases: ``ISSUED RETROSPECTIVELY'''''''', ``UTFÄRDAT I EFTERHAND'''''''', ``IZDOTS PE C PREC U EKSPORTA'''''''', ``TAGANTJÄRELE VÄLJAANTUD'''''''', ``''''''''. In the event of the theft, loss or destruction of an EUR.1 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 in their possession. The duplicate issued in this way must be endorsed with one of the following words: ``DUPLICATE'''''''', ``DUPLIKAT'''''''', ``DUBLIKA TS'''''''', ``DUPLIKAAT'''''''', ``DUBLIKATAS''''''''. The duplicate, which must bear the date of issue of the original EUR.1 certificate, shall take effect as from that date. The endorsements referred to in paragraphs 5 and 6 shall be inserted in the ``Remarks'''''''' box on the EUR.1 certificate. It shall always be possible to replace one or more EUR.1 certificates by one or more EUR.1 certificates, provided that this is done at the customs office where the goods are located. For the purpose of verifying whether the conditions stated in paragraphs 2 and 3 have been met, the customs authorities shall have the right to call for any documentary evidence or to carry out any check which they consider approporiate. The provisions of paragraphs 2 to 9 above shall apply, mutatis mutandis, to the evidence of origin made out by approved exporters under the conditions set out in Article 13. An EUR.1 certificate shall be issued only on application having been made in writing by the exporter or, under the exporter''''s responsibility, by his authorized representative, on the form of which a specimen is given in to this Protocol, which shall be completed in accordance with this Protocol. It shall be the responsibility of the customs authorities of the exporting State to ensure that the form referred to in paragraph 1 is properly completed. In particular, they shall check whether the box reserved for the description of the goods has been completed in such a as to exclude any possibility of fraudulent additions. To this end, the description of the goods must be given without leaving any blank lines. Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through. Since the EUR.1 certificate constitutes the documentary evidence for the application of the preferential tariff and quota arrangements laid down in the Agreement, it shall be the responsibility of the customs authorities of the exporting country to take any steps necessary to verify the origin of the goods and to check the other statements on the certificate. When an EUR.1 certificate is issued within the meaning of paragraph 5 of Article 9 after the goods to which it relates have actually been exported, the exporter must in the application referred to in paragraph 1: -- indicate the place and date of exportation of the goods to which the EUR.1 certificate relates, -- certify that no EUR.1 certificates was issued at the time of exportation of the goods in question, and state the reasons. Application for EUR.1 certificates and the evidence or origin referred to in the second sub-paragraph of paragraph 3 of Article 9, upon presentation of which new EUR.1 certificates are issued, must be preserved for at least two years by the customs authorities of the exporting country. EUR.1 certificates shall be made out on the form of which a specimen of which is given in to this Protocol. This form shall be printed in one or more of the official languages of the States Parties to this Agreement or in English. EUR.1 certificates shall be made out in one of those languages and in accordance with the provisions of the domestic law of the exporting State; if they are handwritten, they shall be completed in ink in capital letters. The EUR.1 certificate shall be 210 x 297 millimetres. A tolerance of up to plus 8 millimetres or minus 5 millimetres in the length may be allowed. The paper used must be white-sized writing paper not containing mechanical pulp and weighing not less than 25 grammes per square metre. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye. The States Parties to this Agreement may reserve the right to print the EUR.1 certificates themselves or may have them printed by printers approved by them. In the latter case, each EUR.1 certificate must include a reference of such approval. Each EUR.1 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. An EUR.1 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, in 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 5 of Article 5, where, at the request of the person declaring the goods at customs, a dismantled or non-assembled article falling within Chapter 84 or 85 of the is imported by instalments under the conditions laid down by the competent authorities, it shall be considered to be a single article and an EUR.1 certificate may be submitted for the whole article upon importation of the first instalment. An EUR.1 certificate which is submitted to the customs 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 is due to force majeur or exceptional circumstances. In other cases of belated presentation, the customs authorities of the importing State may accept the EUR.1 certificates where the goods have been submitted to them before the said final date. The discovery of slight discrepancies between the statements made in the EUR.1 certificate and those made in the documents submitted to the Customs office for the purpose of carrying out the formalities for importing the goods shall not ipso facto render the certificate null and void, provided it is duly established that the certificate corresponds to the goods. EUR.1 certificates shall be preserved by the customs authorities of the importing State in accordance with the rules in force in that State. Proof that the conditions set out in Article 7 have been met shall be provided by submission to the customs authorities of the importing State of either: (a) a single supporting transport document, made out in the exporting State, under the cover of which the transit country has been crossed; or (b) a certificate issued by the customs authorities of the transit country containing: -- 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 goods have stayed in the transit country; (c) or, failing these, any substantiating documents. Notwithstanding paragraphs 1 to 7 of Article 9 and paragraphs 1, 4 and 5 of Article 10, a simplified procedure for the issue of the documentation relating to the evidence of origin shall be applicable under the terms of the provisions set out below. The customs authorities in the exporting State may authorize any exporter, hereinafter referred to as ``approved exporter'''''''', who makes frequent shipments for which EUR.1 certificates may be issued, and who offers to the satisfaction of the customs authorities all quarantees necessary to verify the originating status of the goods, not to submit to the customs office in the exporting State at the time of export either the goods or the application for an EUR.1 certificate relating to those goods, for the purpose of obtaining an EUR.1 certificate under the conditions laid down in paragraphs 1 to 4 of Article 9. In addition, the customs authorities may authorize an approved exporter to draw up EUR.1 certificates, valid for a maximum period of one year from the date of issue, hereinafter referred to as ``LT certificates''''''''. The authorization shall be granted only where the originating status of the goods to be exported is expected to remain unchanged for the period of validity of the LT certificate. If any goods are no longer covered by the LT certificate, the approved exporter shall immediately inform the customs authorities who gave the authorization. Where the simplified procedure applies, the customs authorities of the exporting State may prescribe the use of EUR.1 certificates bearing a distinctive sign by which they may be identified. The authorization referred to in paragraphs 2 and 3 shall stipulate, at the choice of customs authorities, that Box 11, ``Customs endorsement'''''''', of the EUR.1 certificate must: (a) either be endorsed beforehand with the stamp of the competent customs office of the exporting State and the handwritten or non-handwritten signature of an official of that office; or (b) be endorsed by the approved exporter with a special stamp which has been approved by the customs authorities of the exporting State and corresponds to the specimen given in to this Protocol; this stamp may be preprinted on the form. Box 11, ``Customs endorsement'''''''', of the EUR.1 certificate shall be completed if necessary by the approved exporter. In the cases referred to in paragraph 4 (a), one of the following phrases shall be entered in box 7, ``Remarks'''''''', of the EUR.1 certificate: ``Simplified procedure'''''''', ``Förenklad procedur'''''''', ``Vienka rs ota procedu ra'''''''', ``Lihtsustatud protseduur'''''''', ``Supaprastinta procedura''''''''. The approved exporter shall if necessary indicate in Box 13, ``Request for verification'''''''', the name and address of the customs authority competent to verify the EUR. In the case referred to in paragraph 3, the approved exporter shall also enter in box 7 of the EUR.1 certificate one of the following phrases: ``LT certificate valid until ...'''''''', ``LT-certifikat giltigt till ...'''''''', ``LT sertifika ts ir spe ka l dz ...'''''''', ``Pikaajaline sertifikaat kehtib kuni ...'''''''', ``LT-sertificatas galioja iki ...''''''''. (date indicated in Arabic numerals),