prop · GF03147 · 1992-01-01 00:00:00 — 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(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 Estonia 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.a5.52. The following originating products within the meaning of this Protocol shall, on importation into Estonia 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.a5.5These 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 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 Estonia 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 Estonia 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 Estonia or in or in 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 hagree 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'''''''', ``TAGANTJÄRELE VÄLJAANTUD'''''''', ``IZDOTS PE C PREC U EKSPORTA'''''''', ``''''''''. 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'''''''', ``DUPLIKAAT'''''''', ``DUBLIKA TS'''''''', ``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'''''''' (Long term 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.a5.5Box 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'''''''', ``Lihtsustatud protseduur'''''''', ``Vienka rs ota procedu ra'''''''', ``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 ...'''''''', ``Pikaajaline sertifikaat kehtib kuni ...'''''''', ``LT sertifika ts ir spe ka l dz ...'''''''', ``LT-sertificatas galioja iki ...''''''''. (date indicated in Arabic numerals), and a reference to the authorization under which the relevant LT certificate has been issued. The approved exporter shall not be required to refer in Box 8 and Box 9 of the LT certificate to the marks and numbers and number and kind 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 which is sufficiently precise to allow for their identification. Notwithstanding paragraphs 1 to 3 of Article 12, the LT certificate must be submitted to the customs office of import at or before the first importation of any goods to which it relates. When the importer out the customs clearance at several customs offices in the State of importation, the customs authorities may request him to produce a copy of the LT certificate to all of those offices. Where an LT certificate has been submitted to the customs authorities, the evidence of the originating status of the imported goods shall, during the validity of the LT certificate, be given by invoices which satisfy the following conditions: (a) when an invoice includes both goods originating in Estonia, , or and non-originating goods, the exporter shall distinguish clearly between these two categories; (b) the exporter shall state on each invoice the number of the LT certificate which covers the goods and the date of expiry of the certificate and the name(s) of the country or countries in which the goods originate.a5.5 The statement on the invoice made by the exporter of the number of the LT certificate with the indication of the country of origin shall constitute a declaration that the goods fulfil the conditions laid down in this Protocol for the acquisition of preferential origin status in trade between the States Parties to this Agreement. a5.5The customs authorities of the exporting state may require that the entries, which, under the above provisions, must appear on the invoice, be supported by the manuscript signature followed by the name of the signatory 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 validity of the relevant LT certificate. They may, however, be produced at the import customs office within four months of the date of their being made out by the exporter.a5.59. In the framework of the simplified procedures, invoices which satisfy the conditions of this Article may be made out and/or transmitted using telecommunications or electronic data processing methods. Such invoices shall be accepted by the customs of the importing State as evidence of the originating status of the goods imported in accordance with the procedures laid down by the customs authorities there. Should the customs authorities of the exporting State identify that a certificate and/or invoice issued under the provisions of this Article is invalid in relation to any goods supplied, they shall immediately notify the customs authorities of the importing State of the facts. The customs authorities may authorize an approved exporter to make out invoices bearing the declaration given in to this Protocol in place of EUR.1 certificates. The declaration made by the approved exporter on the invoice shall be made out in one of the official languages of the Parties to this Agreement or in English. It shall be signed in manuscript and must either: (a) have a reference to the approved exporter''''s authorization number, or (b) be endorsed by the approved exporter with the special stamp referred to in paragraph 4 (b) which has been approved by the customs authorities of the exporting State. This stamp may be preprinted on the invoice.a5.512. However, the customs authorities in the exporting State may authorize an approved exporter not to sign the statement in paragraph 8 (b) or the declaration referred to in paragraph 11 given on the invoice, when such invoices are made out and/or transmitted using telecommunication or electronic data processing methods. The said customs authorities shall lay down conditions for the implementation of this paragraph, including, if they so require, a written undertaking from the approved exporter, that he accepts full responsibility for such statement and declaration as if they had in fact been signed in manuscript by him. In the authorization referred to in paragraphs 2, 3 and 11 the customs authorities shall specify in particular: (a) the conditions under which the application for EUR.1 certificates or for LT certificates are made or under which the declaration concerning the origin of goods is made on the invoice; (b) the conditions under which these applications, as well as a copy of the invoices referring to an LT certificate and of the invoices bearing the exporter''''s declaration, are kept for at least two years. In the case of LT certificates or invoices referring to an LT certificate, this period shall begin from the date of expiry of validity of the LT certificate.