prop · GG0322 · 1992-12-31 00:00:00 — 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. 4.Thediscovery of slight discrepancies between the statements made in the EUR.lcertificate and those made in the documents submitted to the customs office forthe purpose of carrying out the formalities for importing the goods shall not ipso facto render the certificate null andvoid, provided it is duly established that the certificate corresponds to thegoods. 5.EUR.lcertifieates shall be preserved by the customs authorities of the importingState in accordance with the rules in force in that State. 6.Proofthat the conditions set out in Article 7 have been met shall be provided bysubmission to the customs authorities of the importing State of either: (a)a singlesupporting transport document, made out ln 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. Prop.1992/93:22 Protocol B certified proof of the conditions under which the goodshave stayed in the transit country; (c) or, falling these, any substantiating documents. 1.Notwithstandingparagrahps 1 to 7 of Artiele 9 and paragraphs 1, 4, and 5 of Article 10, asimplified procedure for the issue of the documentation relating to theevidence of origin shall be applicable under the terms of the provisions setout below. 2.Thecustoms authorities in the exporting State may authorize an exporter,hereinafter referred to as "approved exporter", who makes frequentshipments for which EUR.l certifieates may be issued, and who 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 ofArtiele 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 may be identified. The authorization referred to in paragraphs 2 and3 shall Etipulate, at the choice of customs authorities, that 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 Prop.1992/93:22 Protocol B customs authorities of the exporting State and correspondsto the specimen given in to this Protocol; this stamp may be preprintedon the form. Box 11, "Customs endorsement", of the EUR.lcertificate shall be completed if necessary by the approved exporter. 5.In thecases referred to in paragraph 4 (a), one of the following phrases shall beentered in Box 7, "Remarks", of the EUR.l certificate:"Simplified procedure", "YksiTikertaistettu menettely","Procedure simplifiée","Vereinfachtes Verfahren", "Einföldud afgreidsla","Procedura semplificata", "Forenklet prosedyre", "Förenklad procedur", "owaioT5nn". The approved exporter shall if necessary indicate in Box 13,"Request for verification", the name and address of the customsauthority competent to verify the EUR.l certificate. 6.In thecase referred to in paragraph 3, the approved exporter shall also enter in box7 of the EUR.l certificate one of the following phrases: "LT certificate valid until ...", "LT-todistus voimassa saakka", "certificat LT valable jusqu'au ", "LT-Certificat gultig bis ...", "LT-sklrteini gildir til ", "certificato LT valido fino a .,. ", "LT-sertifikat gyldig til ...", "LT-certifikat giltigt till ...", " iy ipinD niiynn " (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 packa«sésignation of the goods which issufficiently precise to allow for their Identification. Notwithstanding paragraphs 1 and 3 of Article 12,the LT certificate nust be submitted to the customs office of inport at or before the first importation of any goods to which it relätes. When the importer outthe customs clearance at several custons offices in the State of importation, the customs authorities nay request hin to produce a copy of the LT certificate to all of those offices. 1992/93:22 ProtocolB 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 aninvoice includes both goods originating in a State Party to this Agreement andnon-originating goods, the exporter shall distinguish clearly between these twocategories; (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 made by the exporter of thenumber of the LT certificate with the indication of the country of origin shallconstitute a declaration 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, nust appear on the invoice,be supported by the nanuscript signature followed by the name of the signatoryin clear script; (c) the description and the désignation 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 nade 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 nonths of the date of their being made out by the exporter. In the framework of the simplified procedures, invoices which satisfy the conditions of this Artiele may be made out and/or transmitted using telecommunications or eleetronie 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. 1992/93:22 ProtocolB 10.Shouldthe customs authorities of the exporting State identify that a certificateand/or invoice issued under the provisions of this Article is invalid inrelation to any goods supplied, they shall immediately notify the customsauthorities of the importing State of the facts. 11.The customsauthorities may authorize an approved exporter to make out invoices bearing thedeclaration given in to this Protocol in place of EUR.l certifieates. The declaration made by the approved exporter on theinvoice shall be made out in one of the official languages of the StatesParties to this Agreement or in English. It shall be signed in manuscript andmust 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 declaration referred to in paragraph 11 given on the invoice, when such invoices are made out and/or transmitted using telecommunications or eleetronie 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 declaration 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 jipecify in particular: (a)theconditions under which the applications for EUR.l certifieates or for LTcertifieates are nade or under which the declaration concerning the origin ofthe goods is nade on the invoice; (b)theconditions under which these applications, as well as a copy of the invoicesreferring to an LT certificate and of the invoices bearing the exporter'6declaration, are kept for at least two years. In the case of LT certifieatesor invoices referring to an LT certificate, this period shall begin from thedate of expiry of validity of the LT certificate. Prop.1992/93:22 Protocol B shall also apply to the EUR.l certifieates or LTcertifieates and the invoices referring to an LT certificate, as well as toinvoices bearing the exporter's declaration, having served as the basis for theissue of other evidence of origin, used under the conditions laid down in thesecond sub-paragraph of paragraph 3 of Artiele 9. 14.Thecustoms authorities in the exporting State nay declare certain categories ofgoods ineligible for the special treatnent provided for in paragraphs 2, 3 and11. 15.Thecustons authorities shall refuse the authorizations referred to in paragraphs2, 3 and 11 to exporters who do not offer all the guarantees which theyconsider 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. 16.Theapproved exporter may be required to inform the customs authorities, inaccordance with the rules which they lay down, of goods to be dispatched byhim, so that the competent customs office may make any verification it thinksnecessary before the dispatch of the goods. 17.Theprovisions of this Article shall not prejudice application of the rules of theStates Parties to this Agreement on customs formalities and the use of customsdocuments. The declaration referred to in paragraph 1 (c) of Article8 shall be made out by the exporter in the form given in to this Protocol in one of theofficial languages of the States Parties to this Agreement or in English. Itshall be typed or stamped and signed by ha..J. The exporter nust keep a copyof the invoice bearing the said declaration for at least two years. The exporter or his representative shall submit withhis request for an Etra.l certificate any appropriate supporting documentproving that the goods to be exported qualify for the issue of an EUR.lcertificate. He shall undertake to submit at the request of theappropriate authorities, any supplementary evidence they may require for thepurpose of establishing the correctness 1992/93:22 ProtocolB of the originating status of the goods eligible forpreferential treatment and shall undertake to agree to any inspection of hisaccounts and to any check on the processes of the obtaining of the above goods,carried out by the said authorities. Exporters must keep for at least two years the supporting documents referred to in paragraph 1. The provisions 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 of the declarations referred to in paragraphs 1 (b) and 1 (c) of Article 8. Goods sent from an or from for exhibition in a country other than a State Party to this Agreement and sold after the exhibition for importation into or into an benefit on importation from the provisions of this Agreement on condition that the goods meet the requirements of this Protocol entitling them to be recognized as originating in an or in and provided that it is shown to the satisfaction of the Customs authorities that: (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 inIsrael or in an EFTA State; (C) the goods have been consigned during the exhibition or immediately thereafter to or to «n in the state in whichthey were sent for exhibition; (d) the goods have not, since they were consigned forexhibition, been used for any purpose other than demonstration at theexhibition. 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 erafts exhibition, fairor similar public Prop.1992/93:22 Protocol B show or display which is not organized for privatepurposes in shops or business premises with a view to the sale of foreigngoods, and during which the goods remain under customs controi. 1.In orderto ensure the proper application of this Title, the States Parties to thisAgreement shall assist each other through their respective customs administrations,in checking the authentieity and accuracy of ElTO.l certifieates, includingthose issued under paragraph 3 of Article 9 and the exporters' declarationsnade on invoices. 2.TheJoint Committee shall be authorized to take any decisions necessary for the methodsof administrative cooperation to be applied in due time in the States Partiesto this Agreement. 3.Thecustoms authorities of the States Parties to this Agreement shall provide eachother, through the EFTA Secretariat, with specimen impressions of stamps usedin their customs offices for the issue of EUR.l certifieates. 4.Penaltiesshall be imposed on any person who draws up, or causes to be drawn up, adocument which contains ineorreet particulars for the purpose of obtaining apreferential treatment for goods. 5.TheStates Parties to this Agreement shall take all necessary steps to ensure thatgoods traded under cover of an Eim.l certificate, which in the course oftransport use a free zone situated in their territory, are not substituted byother goods and that they do not undergo handling other than normal operationsdesigned to prevent their deterioration. 6.Whenproducts originating in a State Party to this Agreement and imported into afree zone under cover of an EUR.l certificate undergo treatment or processing,the customs authorities concerned nust issue a new EUR.l certificate at theexporter's request if the treatment or processing undergone is in conformitywith the provisions of this Protocol. 1992/93:22 ProtocolB 1.Subsequentverifications of EUR.l certifieates 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 authentieity 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 declaration 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. If the custons 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 customs authorities of the importing Stateshall be informed of the results of the verification as soon as possible. These results must be such as to make it possible to determine whether the documents returned under paragraph 2 apply to the goods actually exported, and whether these goods can, in fact, qualify for application of the preferential arrangements. Where such disputes cannot be settied 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 inArticle 26. The decisions shall be taken by . For the purpose of the subsequent verification of EUR.lcertifieates, the customs authorities of the exporting State nust keep theexport documents, or copies of Etn.l certifieates used in place thereof, for atleast two years. Prop.1992/93:22 Protocol B TITLE III Final provisions The States Parties to this Agreement shall each take thesteps necessary to inplenent 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 this Agreement in temporary storage, inbonded warehouses or in free zones, may be accepted as originating productssubject to the submission, within four months from that date, to the customsauthorities of the importing State of evidence of origin, drawn upretrospectively, and of any documents that provide supporting evidence of theconditions of transport. The States Parties to this Agreement undertake tointroduce measures necessary to ensure that the EUR.l certifieates 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 pu-Dose, inparticular to check on the itinerary of goods traded under this Agreement andthe places in which they have been held. Without prejudice to the provisions of Protocol A, productswhich are of the kind to which the Agreement applies, and which are used in themanufacture of products for which an EUR.l certificate, an LT certificate orthe invoices referring to the LT certificate, or an invoice bearing theexporter's declaration are issued or completed, can only be the subject ofdrawback of customs duty or Prop.1992/93:22 Protocol B benefit from an exemption of customs duty of whatever kindwhen products originating in a State Party to this Agreement are concerned. In this Artiele, the term "customs duty"also means charges having an effect equivalent to customs duty, 1.Where,by virtue of this Agreement, imports into an are to be treateddifferently from imports covered by the EFTA Convention, the treatment providedfor by this Agreement shall be applied to all products which are accompanied byevidence of origin referred to in paragraph 1 of Article 8, issued or made outin , or by any such evidence of origin issued in an andbearing the expression "Trade". 2.Anexporter in an or his representative shall enter the expression"Trade" on the evidence of origin in trade between EFTAStates in cases where products have obtained their originating status by virtueof this Agreement by use of materials originating in . 3.Notwithstandingthe provisions of paragraph 1, products originating in an which arere-exported from , shall benefit at import into an fromtreatment equal to that which they would have received had they been sentdirectly from one to another. The products must be in the same stateor have undergone no working or processing in going beyond that referredto. in paragraph 5 of Article 5. This treatment will be granted only uponsubmission to the customs authorities of the importing of an EUR.lcertificate, issued by the appropriate customs office in , in which theexpression "Application Article 24.3" has been inserted andauthenticated by the stamp of the said office. (This Protocol does not contain an Artiele 25) A Sub-Connittee on customs and origin matters shall be setup under in accordance with paragraph 5 of Article 26 of theAgreement to assist it in carrying out its duties and to ensure a eontinuousinformation and consultation process between experts. Prop.1992/93:22 ProtocolB It shall be composed of experts irom the States Parties tothe Agreement responsible for questions related to origin rules. For the purpose of implementing sub-paragraph (b) (ii) ofArticle 1 any product originating in a State Party to this Agreement shall, onexportation to another State Party to this Agreement, be treated as a non-originatingproduct during the period br periods in which the last-mentioned State Party tothis Agreement applies the rate of duty applicable to third countries or anycorresponding safeguard measure to such products in accordance with thisAgreenent. Prop.1992/93:22 ProtocolB Note 1 - Artide 1 The tern "State Party to this Agreement" shallalso cover the territorial waters of this State. operating on the high seas, including factoryships, on which the fish eaught is worked or processed shall be considered aspart of the territory of the State Party to this Agreement to which they belongprovided that they satisfy the conditions set out in Explanatory Note 4. Wote 2 - Articles 1, 2 and 4 The conditions set out in Artiele 1 relative to theacquisition of originating status must be fulfilled without interruption in aState Party to this Agreement except as provided for in Article 2. If originating products exported from a State Party tothis Agreement to another country are returned, except as provided for inArticle 2, they must be considered as non-originating unless it can bedemonstrated to the satisfaction of the customs authorities that: the goods returned are the same goods as those exported,and - they have not undergone any operations beyond that necessary to preserve them in good condition while inthat country. Note 3 - Articles 1 and 2 In order to determine whether goods are originatingproducts it shall not be necessary to establish whether the power and fuel,plant and equipment, and and tools used to obtain such goods originatein third countries or not. Note 4 - sub-paragraph (f) of Article 4 The term "its " shall apply only tovessels: (a) which are registered or recorded in a State Party tothis Agreement; (b)whichsail under the flag of a state Party to this Agreement; (c)whichare at least 50 per cent owned by nationals of a State Party to this Agreementor by a conpany with its head office in such a State, of which the manager ormanagers, chairman of the board of directors or of the supervisory board, andthe najority of the nembers of such boards are nationals of a State Party tothis Agreement and of which, in addition, in the case of partnerships orlimited companies, at least half of the capital belongs to such a State or topublic bodies or nationals of such a State;