prop · GG03146 · 1992-12-31 00:00:00 — Följandestödåtgärder anses oförenliga med avtalet: 5 -Stöd enligtpunkt c) vi) i tolkningsregeln i vad avser fiskerinäringen. -Stöd enligtpunkt c) viii) i tolkningsrcgeln i vad avser fiskeriverksamhet. (Artiklarna 3 - 5 utelämnade här.) För följande produkter med ursprung i får Sverigetill och med tillämpa kvantitativa restriktioner för import iden utsträckning det är nödvändigt för att undvika allvarliga störningar på densvenska marknaden. ur 03.02 Fisk,färsk eller kyld, med undantag av fiskfiléer och annat fiskkött en- Det är överenskommet att från och med den dag då avtaletträder i kraft skall avtalsslutande länder medge fisk och andra marinaprodukter, som di-rektlandas av fiskefartyg tillhörigt annat avtalsslutandeland, en behandling som, vad avser alla bestämmelser och krav som har inverkanpå försäljning och distribution av dessa produkter, inte är mindre gynnsam änden som medges liknande produkter som direktlandas av egna fiskefartyg. Vidarefår ett avtalsslutande land vägra direktlandning av fisk från fiskbestånd av gemensamtintresse som inte omfattas av överenskomna regleringar av fiskebe-ständet ellerav gällande nationella bestämmelser om sådana bestånd. Ett avtalsslutande landfår också vägra direktlandning av fisk och produkter om sådanadirektlandningar förorsakar prisstörningar på sådana produkter. Prop.1992/93:146 Protocol B CONCERNING THE DEFINITION OF THE CONCEPT OF"ORIGINATING PRODUCTS" AND METHODS OF ADMINISTRATIVE CO-OPERATION TITLE I Definition of the concept of "originatingproducts" For the purpose of implementing this Agreement,and without prejudice to the provisions of Article 2, the following products shall be considered as products originating in a State Party to this Agreement: (a)productswholly obtained in that State within the meaning of Article 4; (b)productsobtained in that State incorporating materials which have not been whollyobtained there, provided that: (i) such materials have undergone sufficient working orprocessing in that State within the meaning of Article 5, or that (ii) such materials originate, within the meaning of thisProtocol, in any of the other States Parties to this Agreement, or that (iii)such materials originate in the CSFR or in inapplication of the origin rules in the Agreements establishing Free Trade Areasbetween the EFTA States on the one side and the CSFR 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 cooperation between , the CSFR and for the implementation of these provisions has been established in accordance with the provisions of this Protocol. 17712 Riksdagen1992/93. Prop.1992/93:146 ProtocolB Notwithstanding the provisions of sub-paragraphs (b)(ii) and (iii) of paragraph 1 of Article 1, products originating, within themeaning of this Protocol, in any State Party to this Agreement or in the CSFRor in application of the origin rules referred to in subparagraph (b)(iii) of paragraph 1 of Artiele 1, and exported from one State Party to thisAgreement to another ln the sane state or having undergone in the exportingState no working or processing going beyond that referred to in paragraph 5 ofArticle 5, retain their origin. For the purpose of implementing paragraph 1, whereproducts originating in two or more of the States Parties to this Agreement orin one or more of the States Parties to this Agreement and the CSFR and/orHungary are used and those products have undergone no working or processing inthe exporting State going beyond that referred to in paragraph 5 of Artiele 5,the origin is determined by the product with the highest customs value or, ifthis is not known and cannot be ascertained, with the highest firstascertainable price paid for the products in that State. (This Protocol does not contain an Artide 3) ARTICLE 4 , . The following shall be considered as obtained in aState Party to this Agreement within the meaning of sub-paragraph (a) ofparagraph 1 of Artiele 1: (a)nineralproducts extracted from its soil or from its seabed;. (b)vegetableproducts harvested there; (c)liveanimals born and raised there; 1992/93:146 ProtocolB (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 sub-paragraph(f) ; (h) used artides coUected there fit only for the recoveryof raw materials, subject to Note 5a on used tyres contained in to thisProtocol; (i) waste and scrap resulting from manufacturingoperations conducted there; (j) goods produced there exclusively from productsspecified in sub-paragraphs (a) to (i). The expressions "Chapters" and"headings" used in this Protocol shall nean the Chapters and theheadings (four digit codes) used in the Nomenclature which makes up the"Harmonized Commodity Description and " (hereinafterreferred to as the or HS). The expression"classified" shall refer to the classifieation of a product ormaterial under a particular heading. For the purposes of Article 1, non-originatingmaterials are considered to be sufficiently worked or processed when theproduct obtained is dassified within a heading whieh is different frön those in which all thenon-originating naterials used in its nanufacture are classified, subject tothe provisions of paragraphs 3, 4 and 5. For a product nentioned in colunns 1 and 2 of the Listin tothis Protocol, the conditions set out in column 3 for the product concernednust be fulfilled instead of the rule in paragraph 2. 1992/93:146 ProtocolB (b) be endorsed by the approved exporter with a specialstamp which has been approved by the customs authorities of the exporting Stateand corresponds to the specinen given in to this Protocol; this stanpnay be preprinted on the fom. Box 11, 'Customs endorsement', of the Etni.l certificateshall be conpleted if necessary by the approved exporter. Zn 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", "YksirJiertaistettuaenettely", "Procedure sinplifiée", "Vereinfachtes Verfahren", "Einföldud afgreidsla","Procedura semplificata", "Forenklet prosedyre", "Förenklad procedur, "Uproszczonaprocedura", "Zjednodusené rizeni", Zjedodusené Konanie", "EgyszerUsItett eljAr&s". The approvedexporter shall if necessary indicate in Box 13, "Request forverification", the name and address of the customs authority competent toverify the EUR.l certificate. 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 giiltig bis ...","LT-sklrteini gildir til ...", "certificato LT valido fino al...", "LT-sertifikat gyldig til ...", "LT-certifikatgiltigt till ...", "iwiadectwr XT vazne do ...", "LTosvfdcenl platné do ...", "LT osvedSenieplatné do ...", "LTbizonyltviny érvényes ... -ig", (date indicated in numerals), and a reference to the authorization under vhich 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 narks and numbers and number andkind of packages and the gross weight (kg) or other neasure (litres, b3, etc). Box 8 nust, however, containa description and désignation of the goods vhich issufficiently precise to allow for their Identification. 1992/93:146 Protocol B The term "value" in the List in to this Protocol shall mean thecustoms value at the time of the import of the non-originating materials usedor, if this is not known and cannot be ascertained, the first ascertainableprice paid for the materials in the territory concerned. Where the value of the originating materials used needs tobe established, this paragraph shall be applied mutatis mutandis. The term "ex-works price" in the List inAnnex IIshall mean theex-works price of the product obtained minus any internal taxes whieh are, ormay be, repaid when the product obtained is exported. Goods originating in the sense of this Protocol andconstituting a single shipment which is not split up may be transported throughterritory other than that of any State Party to this Agreement, of the CSFR orof with, should the occasion arise, transshipment or temporarywarehousing in such territory, provided that the crossing of the latterterritory is justified for geographical reasons, that the goods have remainedunder the surveillance of the customs authorities in the country of transit orof warehousing, that they have not entered into the commerce of such countriesor been delivered for home use there and have not undergone operations otherthan unloading, reloading or any operation designed to preserve them in goodcondition. TITLE II Methods for administrative co-operation Originating products within the meaning of thisProtocol shall, on importation into a state Party to this Agreement, benefitfrom the Agreement upon submission of one of the following documents: 1992/93:146 Protocol B (a)an EUR.lmovement certificate, hereinafter referred to as an "EUR.lcertificate" or an EUR.l certificate, valid for a long term, and invoicesreferring to sueh certificate made out in accordance with Artiele 13. Aspecimen of the EUR.l certificate is given in to this Protocol; (b)aninvoice bearing the exporter's declaration as given in to this Protocol, nade out inaccordance with Article 13; (c)aninvoice bearing the exporter's declaration as given in to this Protocol, nade out by anyexporter for any consignment consisting of one or more packages containingoriginating products whose total value does not exceed 5,110 units of account. The following originating products within the meaningof this Protocol shall, on importation into a State Party to the Agreement,benefit from the Agreement without it being necessary to produce any of thedocuments referred to in paragraph 1: (a)productssent as small packages from private persons to private persons, provided thatthe value of the products does not exceed 365 units of account; (b)productsforming part of travellers' personal luggage, provided that the value of theproducts does not exceed 1,025 units of account. These provisions shall be applied only when sueh goods arenot imported by way of trade and have been declared as meeting the conditionsrequired for the application of the Agreement, and where there is no doubt asto the veraeity of such declaration. Importations whieh are occasional and consist solely ofgoods for the personal use of the recipients 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. 1992/93:146 ProtocolB Amounts in the national currency of the exportingState Party to the Agreement equivalent to the amounts expressed in units ofaccount shall be fixed by the exporting State and communicated to the otherStates Parties to the Agreement. When the amounts are higher than thecorresponding amounts fixed by the importing State, the importing State shallaccept them if the goods are invoiced ln the currency of the exporting State. If the goods are invoiced in the currency of another StateParty to the Agreement, of the CSFR or of the importing State shallrecognize the amount notified by the State concerned. The equivalent of a unit of account in the currenciesof the States Parties to the Agreement, of the CSFr or of be the amounts specified in to this Protocol. The amounts expressed in units of account should bereviewed whenever necessary but at least every second year. Accessories, spare parts and tools dispatched with apiece of equipment, , apparatus or vehicle which are part of the normalequipment and included in the price thereof or are not separately invoiced areregarded as one with the piece of equipment, , apparatus or vehicle inquestion. Sets, within the meaning of General 3 of theHarmonized System, shall be regarded as originating when all component articlesare originating products. Nevertheless, when a set is composed of originatingand non-originating artides, the set as a whole shall be regarded asoriginating provided that the value of the non-originating articles does notexceed 15 per cent of the ex-works price of the set. An EUR.l certificate shall be issued by the customsauthorities of the exporting State when the goods to which it relätes are exported. It shall be madeavailable to the exporter as soon as actual exportation has been effected orensured. 1992/93:146 Protocol B The EUR.l certificate shall be issued by the customsauthorities of a State Party to this Agreement if the goods to be exported canbe considered as products originating in that State within the meaning ofArtiele 1. The customs authorities of a State Party to thisAgreement may, provided that the goods to be covered by the Etni.l certifieatesare in its territory, issue EUR.l certifieates under the conditions laid downin this Protocol if the goods to be exported can be considered as productsoriginating in a State Party to this Agreement or in the CSFR or withinthe meaning of Artiele 2. In such cases, the issue of the EUR.l certificate issubject to the presentation of the evidence of origin issued or made outpreviously. An EtJR.l certificate may be issued only where it canserve as the documentary evidence required for the purpose of implementing thepreferential treatment provided for in this Agreement or the Agreementsreferred to in subparagraph (b) (iii) of paragraph 1 of Artiele 1. 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 certificate mayalso be issued after exportation of the goods to which it relätes if it was not issued at thetime of exportation because of errors, involuntary omissions or specialcircumstances. The customs authorities may issue an EUR.l certificateretrospectively only after verifying that the particulars supplied in theexporter's application agree with those on the corresponding document. EUR.l certifieates issued retrospectively must be endorsedwith one of the following phrases: "ISSUED RETROSPECTIVELY","ANNETTU JXLKIKATEEN","DELIVRE A POSTERIORI", "NACHTRXGLICHAUSGESTELLT", "OTGEFID EFTIRA", "RILASCIATO A POSTERIORI", "UTSTEDT SENERE","UTFÄRDAT I EFTERHAND","WYDANE RETROSPEKTYWNIE", "KIADVA VISSZAMENÖLEGES HATALLYAL","VYSTAVENO DODATEOJE", "VYSTAVENÉ DODATOdfNE". 1992/93:146 Protocol B In the event of the theft, loss or destruction of anEUR.l certificate, the exporter nay apply to the custons authorities whichissued it for a duplicate to be made out on the basis of the export documentsin their possession. The duplicate issued in this way must be endorsed with oneof the following words: "DUPLICATE", "KAKSOISKAPPALE","DUPLICATA", "DUPLIKAT", "EFTIRRIT","DUPLICATO", "MASOLAT", "DUPLIKAT". The duplicate, which nust bear the date of issue of theoriginal EUR.l certificate, shall take effect as from that date. The endorsements referred to in paragraphs 5 and 6shall be inserted in the "Remarks" box on the ElTO.l certificate. It shall always be possible to replace one or noreEUR.l certifieates by one or nore EUR.l certifieates, provided that this isdone at the customs office where the goods are located. For the purpose of verifying whether the conditionsstated in paragraphs 2 and 3 have been met, the customs authorities shall havethe right to eall for any documentary evidence or to carry out any check whichthey consider appropriate. The provisions of paragraphs 2 to 9 above shallapply, mutatismutandis, tothe evidence of origin made out by approved exporters under the conditions setout in Article 13. An EtJR.l certificate shall be issued only on applicationhaving been made in writing by the exporter or, under the exporter'sresponsibility, by his authorized representative, on the form of vhich aspecimen is given in to this Protocol, vhich shall be completed inaccordance vith this Protocol. 1992/93:146 Protocol B It shall be the responsibility of the customsauthorities of the exporting State to ensure that the form referred to inparagraph 1 is properly completed. In particular, they shall check whether thebox reserved for the description of the goods has been completed in such ananner as to exclude any possibility of fraudulent additions. To this end, thedescription of the goods nust be given without leaving any blank lines. Wherethe box is not conpletely filled, a horizontal line nust be drawn below thelast line of the description, the enpty space being crossed through. Since the EUR.l certificate constitutes thedocumentary evidence for the application of the preferential tariff and quotaarrangements laid down in the Agreement, it shall be the responsibility of thecustoms authorities of the exporting State to take any steps necessary toverify the origin of the goods and to check the other statements on thecertificate. When an EUR.l certificate is issued within themeaning of paragraph 5 of Artide 9, after the goods to which it relätes 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 towhieh the EUR.l certificate relätes, certify that no EUR.l certificate was issued at the timeof exportation of the goods in question, and state the reasons. Applications for EUR.l certifieates and the evidenceof origin referred to in the second sub-paragraph of paragraph 3 of Article 9,upon presentation of which new EUR.l certifieates are issued, must be preservedfor at least two years by the customs authorities of the exporting State. EUR.l certifieates shall be nade out on the form ofwhich a specimen is given in to this Protocol. This form shall beprinted in one or more of the official languages of the States Parties to thisAgreement or in English. EUR.l certifieates shall be made out in one of thoselanguages and in accordance with the provisions of the domestic law of theexporting State; if they are handwritten, they shall be completed in ink incapital letters. 1992/93:146 Protocol B 2.TheEtn.l certificate shall be 210 x 297 millimetres. A tolerance of up to plus 8millimetres or minus 5 nillimetres ln the length may be allowed. The paperused nust be white-sized writing paper not containing mechanical pulp andweighing not less than 25 grammes per square netre. It shall have a printedgreen guilloche pattern background naking any falsification by nechanical orchenical neans apparent to the eye. 3.TheStates Parties to this Agreenent nay reserve the right to print the EUR.lcertifieates themselves or may: have them printed by printers approved bythem. In the latter case, each EUR.l certificate must include a reference tosuch approval. Each EtTO.l certificate 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. 1.An EUR.lcertificate must be submitted, within four months of the date of issue by thecustoms authorities of the exporting State, to the customs authorities of theimporting State where the goods are entered, in accordance with the procedureslaid down by that State. The said authorities may require a translation of acertificate. They may also require the import declaration to be accompanied bya statement from the importer to the effect that the goods meet the conditionsrequired for the implementation of the Agreement. 2.Withoutprejudice to paragraph 5 of Article 5, where, at the request of the persondeclaring the goods at customs, a dismantled or non-assembled article fallingvithin Chapter 84 or 85 of the is imported by instalmentsunder the conditions laid down by the competent authorities, it shall beconsidered to be a single artide and an EUR.l certificate nay be submitted forthe whole article upon importation of the first instalment. 1992/93:146 ProtocolB An EUR.l certificate which is submitted to thecustoms authorities of the importing State after the final date forpresentation specified in paragraph 1 may be accepted for the purpose ofapplying preferential treatment, where the failure to submit 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 certifieates where thegoods have been submitted to them before the said final date. 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 certifieates 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 Artiele 7 havebeen met shall be provided by submission to the customs authorities of theimporting State of either: (a)a singlesupporting 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 whieh the goodshave stayed in the transit country; (c) or, failing these, any substantiating documents. Motwithstanding paragraphs 1 to 7 of Artiele 9 andparagraphs 1, 4 and 5 of Artide 10, a simplified procedure for the issue of thedocumentation relating to the evidence of origin shall be applicable under theterms of the provisions set out below. 2.Thecustons authorities in the exporting State nay authorize any exporter,hereinafter referred to as "approved exporter", vho nakes frequentshipnents for vhich EUR.l certifieates may be issued, and vho offers to thesatisfaction of the customs authorities all guarantees necessary to verify theoriginating status of the goods, not to submit to the customs office in theexporting State at the time of export either the goods or the application foran EUR.l certificate relating to those goods, for the purpose of obtaining anEUR.l certificate under the conditions laid down in paragraphs 1 to 4 ofArticle 9. 3.Inaddition, the customs authorities may authorize an approved exporter to draw upEUR.l certifieates, valid for a maximum period of one year from the date ofissue, hereinafter referred to as "LT certifieates". Theauthorization shall be granted only where the originating status of the goodsto be exported is expected to remain unchanged for the period of validity ofthe LT certificate. If any goods are no longer covered by the LT certificate,the approved exporter shall immediately inform the customs authorities who gavethe authorization. Where the simplified procedure applies, the customsauthorities of the exporting State may prescribe the use of EUR.l certifieatesbearing a distinctive sign by which they nay be identified. The authorization referred to in paragraphs 2 and3 shall stipulate, at the choice of the customs authorities, that Box 11, 'Customs endorsement', of the EUR.l certificate must: (a) either be endorsed beforehand vith the stanp of thecompetent customs office of the exporting State and the handwritten ornon-handwritten signature of an official of that office; or . 1992/93:146 ProtocolB