Council Regulation (EC) No 82/2001
of 5 December 2000
concerning the definition of the concept of "originating products" and methods of administrative cooperation in trade between the customs territory of the Community and Ceuta and Melilla
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Protocol 2 thereto,
Having regard to the proposal from the Commission,
Whereas:
(1) Since the entry into force of Council Regulation (EEC) No 1135/88 of 7 March 1988 concerning the definition of the concept of "originating products" and methods of administrative cooperation in trade between the customs territory of the Community, Ceuta and Melilla and the Canary Islands(1), the rules of origin applicable under the various free-trade agreements signed by the Community have undergone substantial changes. In some respects, they are more favourable than those contained in Regulation (EEC) No 1135/88, in particular with regard to documentary requirements.
(2) The above agreements governing trade between the Community and its trading partners lay down special rules of origin for Ceuta and Melilla. These provisions should be applied to trade between the customs territory of the Community and Ceuta and Melilla.
(3) Council Regulation (EEC) No 1911/91 of 26 June 1991 on the application of the provisions of Community law to the Canary Islands(2) incorporated those islands into the customs territory of the Community. It is therefore no longer necessary to provide for special rules of origin for that territory.
(4) Regulation (EEC) No 1135/88 should be recast in the interests of clarity,
HAS ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Regulation:
(a) "manufacture" means any kind of working or processing including assembly or specific operations;
(b) "material" means any ingredient, raw material, component or part, etc., used in the manufacture of the product;
(c) "product" means the product obtained, even if it is intended for later use in another manufacturing operation;
(d) "goods" means both materials and products;
(e) "customs value" means the value as determined in accordance with the 1994 Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade (WTO Agreement on customs valuation);
(f) "ex-works price" means the price paid for the product ex-works to the manufacturer in the Community or Ceuta and Melilla in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the product obtained is exported;
(g) "value of materials" means the customs value at the time of importation 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 Community or Ceuta and Melilla;
(h) "value of originating materials" means the value of such materials as defined in point (g) applied mutatis mutandis;
(i) "added value" means the ex-works price of the products, minus the customs value of each of the materials incorporated which originate in the countries referred to in Articles 3 and 4 or, where the customs value is not known and cannot be ascertained, the first ascertainable price paid for the materials in the Community or Ceuta and Melilla;
(j) "chapters" and "headings" mean the chapters and the headings (four-digit codes) used in the nomenclature which makes up the Harmonised Commodity Description and Coding System, hereinafter referred to as the "Harmonised System" or "HS";
(k) "consignment" means products which are either sent simultaneously from one exporter to one consignee or transported under a single transport document from the exporter to the consignee or, in the absence of such a document, by a single invoice;
(l) "territories" means the territories, including territorial waters.
The expression "classified" shall refer to the classification of a product or material under a particular heading.
CHAPTER II
DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS"
Article 2
General requirements
1. For the purpose of implementing the arrangements governing trade between the customs territory of the Community, hereinafter referred to as "the Community", and Ceuta and Melilla, the following products shall be considered as originating in the Community:
(a) products wholly obtained in the Community within the meaning of Article 5;
(b) products obtained in the Community incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the Community within the meaning of Article 6;
(c) goods originating in the European Economic Area (EEA) within the meaning of Protocol 4 to the Agreement on the European Economic Area.
2. For the purpose of implementing the arrangements governing trade between the Community and Ceuta and Melilla, the following products shall be considered as originating in Ceuta and Melilla:
(a) products wholly obtained in Ceuta and Melilla within the meaning of Article 5;
(b) products obtained in Ceuta and Melilla incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in Ceuta and Melilla within the meaning of Article 6.
Article 3
Cumulation in the Community
1. Without prejudice to Article 2(1), products shall be considered as originating in the Community if they are obtained there by incorporating materials originating in the Community, Ceuta and Melilla or any other country with which the Community has signed a reciprocal agreement whose protocol on rules of origin lays down special provisions for Ceuta and Melilla, provided that the working or processing carried out in the Community goes beyond that referred to in Article 7. It shall not be necessary for such materials to have undergone sufficient working or processing.
2. Where the working or processing carried out in the Community does not go beyond that referred to in Article 7, the product obtained shall be considered as originating in the Community only where the value added there is greater than the value of the materials used originating in one of the other countries referred to in paragraph 1. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in the Community.
3. Products, originating in one of the countries referred to in paragraph 1, which do not undergo any working or processing in the Community, shall retain their origin if exported into one of those countries.
4. The Commission shall publish in the Official Journal of the European Communities (C series) the list of countries and the date on which the cumulation in the Community may be applied.
Article 4
Cumulation in Ceuta and Melilla
1. Without prejudice to Article 2(2), products shall be considered as originating in Ceuta and Melilla if they are obtained there by incorporating materials originating in Ceuta and Melilla, the Community or any other country with which the Community has signed a reciprocal agreement whose protocol on rules of origin lays down special provisions for Ceuta and Melilla, provided that the working or processing carried out in Ceuta and Melilla goes beyond that referred to in Article 7. It shall not be necessary for such materials to have undergone sufficient working or processing.
2. Where the working or processing carried out in Ceuta and Melilla does not go beyond that referred to in Article 7, the product obtained shall be considered as originating in Ceuta and Melilla only where the value added there is greater than the value of the materials used originating in any one of the other countries referred to in paragraph 1. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of the originating materials used in the manufacture in Ceuta and Melilla.
3. Products, originating in one of the countries referred to in paragraph 1, which do not undergo any working or processing in Ceuta and Melilla, shall retain their origin if exported into one of these countries.
4. The Commission shall publish in the Official Journal of the European Communities (C Series) the list of countries and the date on which the cumulation in Ceuta and Melilla may be applied.
Article 5
Wholly-obtained products
1. The following shall be considered as wholly obtained in the Community or in Ceuta and Melilla:
(a) mineral products extracted from their soil or from their 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 outside the territorial waters of the Community or Ceuta and Melilla by their vessels;
(g) products made aboard their factory ships exclusively from products referred to in point (f);
(h) used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or use as waste;
(i) waste and scrap resulting from manufacturing operations conducted there;
(j) products extracted from marine soil or subsoil outside their territorial waters provided that they have sole rights to work that soil or subsoil;
(k) goods produced there exclusively from products referred to in points (a) to (j).
2. For the purposes of point 1(f) and (g), only the following shall be considered to be vessels and factory ships of the Community and Ceuta and Melilla, vessels and factory ships:
(a) which are registered or recorded in a Member State or, for Ceuta and Melilla, registered in the ship-registers of the competent local authority (Registros de Matrícula de Buques de la respectiva Capitania Marítima);
(b) which sail under the flag of a Member State;
(c) which are owned to an extent of at least 50 % by nationals of Member States, or by a company with its head office in one of these States, of which the manager or managers, chairman of the board of directors or of the supervisory board, and the majority of the members of such boards are nationals of Member States and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to those States or to public bodies or nationals of those States;
(d) of which the master and officers are nationals of Member States; and
(e) of which at least 50 % of the crew are nationals of Member States.
Article 6
Sufficiently worked or processed products
1. For the purposes of Article 2, products which are not wholly obtained are considered to be sufficiently worked or processed when the conditions set out in the list in Annex B are fulfilled.
Those conditions indicate, for all products covered by Protocol 2 to the Act of Accession of Spain and Portugal, the working or processing which must be carried out on non-originating materials used in manufacturing those products and apply only in relation to those materials. Accordingly, it follows that if a product which has acquired originating status by fulfilling the conditions set out in the list is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.
2. By way of derogation from paragraph 1, non-originating materials which, according to the conditions set out in the list in Annex B in respect of a given product, should not be used in the manufacture of that product may nevertheless be used, provided that:
(a) their total value does not exceed 10 % of the ex-works price of the product;
(b) any of the percentages given in the list for the maximum value of non-originating materials are not exceeded through the application of this paragraph.
This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonised System.
3. Paragraphs 1 and 2 shall apply except as provided in Article 7.
Article 7
Insufficient working or processing
1. Without prejudice to paragraph 2, the following operations shall be considered as insufficient to confer the status of originating products, whether or not the requirements of Article 6 are satisfied:
(a) operations to ensure the preservation of products in good condition during transport and storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of 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 packaging and breaking up and assembly of packages;
(ii) simple placing in bottles, flasks, bags, cases, boxes, fixing on cards or boards etc., and all other simple packaging operations;
d) affixing marks, labels and 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 Annex to enable them to be considered as originating in the Community or in Ceuta and Melilla;
f) simple assembly of parts to constitute a complete product;
g) a combination of two or more operations specified in points (a) to (f);
h) slaughter of animals.
2. All the operations carried out in either the Community or Ceuta and Melilla on a given product shall be considered together when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.
Article 8
Unit of qualification
1. The unit of qualification for the application of the provisions of this Regulation shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonised System.
Accordingly, it follows that:
(a) when a product composed of a group or assembly of articles is classified under the terms of the Harmonised System in a single heading, the whole constitutes the unit of qualification;
(b) when a consignment consists of a number of identical products classified under the same heading of the Harmonised System, each product must be taken individually when applying the provisions of this Regulation.
2. Where, under General Rule 5 of the Harmonised System, packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.
Article 9
Accessories, spare parts and tools
Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.
Article 10
Sets
Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and non-originating products, that set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 % of the ex-works price of the set.
Article 11
Neutral elements
In order to determine whether a product is an originating product, it shall not be necessary to determine the origin of the following which might be used in its manufacture:
(a) energy and fuel;
(b) plant and equipment;
(c) machines and tools;
(d) goods which do not enter and which are not intended to enter into the final composition of the product.
CHAPTER III
TERRITORIAL REQUIREMENTS
Article 12
Principle of territoriality
1. Except as provided for in Article 2(1)(c) and Articles 3 and 4, the conditions for acquiring originating status set out in Chapter II must be fulfilled at all times and without interruption in the Community or in Ceuta and Melilla.
2. Except as provided for in Articles 3 and 4, where originating goods exported from the Community or Ceuta and Melilla to another country return, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:
(a) the returning goods are the same as those which were exported; and
(b) they have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.
Article 13
Direct transport
1. The preferential treatment provided for under this Regulation applies only to products satisfying the requirements of this Regulation, which are transported directly between the Community and Ceuta and Melilla or through the territories of the other countries referred to in Articles 3 and 4.
However, products constituting one single consignment may be transported through other territories with, where necessary, transhipment or temporary warehousing in those territories, provided that they remain under the surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any other operation intended to preserve them in good condition.
Originating products may be transported by pipeline across territories other than those referred to in the first subparagraph.
2. Evidence that the conditions referred to in paragraph 1 have been fulfilled shall be supplied to the competent customs authorities in the Community or Ceuta and Melilla by the production of:
(a) a single transport document covering the passage through the country of transit; or
(b) a certificate issued by the customs authorities of the country of transit:
(i) giving an exact description of the products;
(ii) stating the dates of unloading and reloading of the products and, where applicable, an indication of the ships, or the other means of transport used; and
(iii) certifying the conditions under which the products remained in the transit-country; or
(c) failing these, any substantiating documents.
Article 14
Exhibitions
1. Originating products, sent for exhibition in a country other than those referred to in Articles 3 and 4 and, after the exhibition, sold and imported into the Community or Ceuta and Melilla, shall benefit on importation from the provisions of Protocol 2 to the Act of Accession of Spain and Portugal, provided it is shown to the satisfaction of the customs authorities that:
(a) an exporter has consigned these products from the Community or Ceuta and Melilla to the country in which the exhibition was held and has exhibited them there;
(b) the products have been sold or otherwise disposed of by that exporter to a person in the Community or in Ceuta and Melilla;
(c) the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition; and
(d) the products have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition.
2. A proof of origin must be issued or made out in accordance with the provisions of Chapter V and submitted to the competent customs authorities in the Community or Ceuta and Melilla in the normal manner. The name and address of the exhibition must be indicated on it. Where necessary, additional documentary evidence of the nature of the products and the conditions under which they have been exhibited may be required.
3. Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.
CHAPTER IV
DRAWBACK OR EXEMPTION OF CUSTOMS DUTIES
Article 15
Prohibition of drawback of, or of exemption from, customs duties
1. Non-originating materials used in the manufacture of products originating in the Community, in Ceuta and Melilla or in one of the other countries referred to in Articles 3 and 4 for which a proof of origin is issued or made out in accordance with the provisions of Chapter V shall not be subject in the Community or in Ceuta and Melilla to drawback of, or exemption from, customs duties of any kind.
Products in Chapter 3 or under heading Nos 1604 and 1605 of the Harmonised System and originating in the Community within the meaning of this Regulation as provided for in Article 2(1)(c), for which a proof of origin is issued or made out in accordance with the provisions of Chapter V shall not be subject in the Community to drawback of, or exemption from, customs duties of any kind.
2. The prohibition in paragraph 1 shall apply to any arrangement for refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect, applicable in the Community or in Ceuta and Melilla to materials used in manufacture and to products covered by the second subparagraph of paragraph 1, where such refund, remission or non-payment applies, expressly or in effect, when products obtained from those materials are exported and not intended for home use.
3. The exporter of products covered by a proof or origin must be able to produce at any time, upon request from the customs authorities, all appropriate documents proving that no drawback has been obtained in respect of the non-originating materials used in the manufacture of the products concerned and that all customs duties or charges having equivalent effect applicable to those materials have actually been paid.
4. The provisions of paragraphs 1, 2 and 3 shall also apply in respect of packaging within the meaning of Article 8(2), accessories, spare parts and tools within the meaning of Article 9, and products in a set within the meaning of Article 10, when such items are non-originating.
5. The provisions of paragraphs 1 to 4 shall not preclude the application of an export refund system for agricultural products, applicable upon export.
CHAPTER V
PROOF OF ORIGIN
Article 16
General requirements
1. Products originating in the Community shall, on importation into Ceuta and Melilla and products originating in Ceuta and Melilla shall, on importation into the Community, benefit from the provisions of Protocol 2 to the Act of Accession of Spain and Portugal upon production of either:
(a) an EUR.1 movement certificate, a specimen of which appears in Annex C; or
(b) in the cases specified in Article 21(1), a declaration, the text of which appears in Annex D, given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified (hereinafter referred to as the "invoice declaration").
2. By way of derogation from paragraph 1, originating products within the meaning of this Regulation shall, in the cases specified in Article 26, benefit from the arrangements without it being necessary to submit any of the documents referred to in paragraph 1.
Article 17
Procedure for the issue of an EUR.1 movement certificate
1. An EUR.1 movement certificate shall be issued by the competent customs authorities of the Community or Ceuta and Melilla on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorised representative.
2. For this purpose, the exporter or his authorised representative shall fill out both the EUR.1 movement certificate and the application form, specimens of which appear in Annex C. These forms shall be completed in one of the official languages of the Community. If they are handwritten, the forms must be completed in ink, and in capital letters. The description of the products must be given in the box reserved for this purpose 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.
3. The exporter applying for the issue of an EUR.1 movement certificate must be able to submit at any time, at the request of the competent customs authorities of the Community or Ceuta and Melilla where the EUR.1 movement certificate is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Regulation.
4. An EUR.1 movement certificate shall be issued by the competent customs authorities of the Community or Ceuta and Melilla if the products concerned can be considered as products originating in the Community, in Ceuta and Melilla or in one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Regulation.
5. The issuing customs authorities shall take any steps necessary to verify the EUR.1 originating status of the products and the fulfilment of the other requirements of this Regulation. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate.
The customs authorities with responsibility for issuing EUR.1 movement certificate shall ensure that the forms referred to in paragraph 2 are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.
6. The date of issue of the EUR.1 movement certificate must be indicated in Box 11 of the certificate.
7. An EUR.1 movement certificate shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.
Article 18
EUR.1 movement certificates issued retrospectively
1. By way of derogation from Article 17(7), an EUR.1 movement certificate may exceptionally be issued after exportation of the products to which it relates if:
(a) it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances; or
(b) it is demonstrated to the satisfaction of the customs authorities that an EUR.1 movement certificate was issued but was not accepted at importation for technical reasons.
2. For the implementation of paragraph 1, the exporter must indicate in his application the place and date of exportation of the products to which the EUR.1 movement certificate relates, and state the reasons for his application.
3. The customs authorities may issue an EUR. 1 certificate retrospectively only after verifying that the information supplied in the exporter's application agrees with that in the corresponding file.
4. EUR.1 movement certificates issued retrospectively must be endorsed with one of the following phrases:
- "EXPEDIDO A POSTERIORI",
- "UDSTEDT EFTERFØLGENDE",
- "NACHTRÄGLICH AUSGESTELLT",
- "EKΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ",
- "ISSUED RETROSPECTIVELY",
- "DÉLIVRÉ A POSTERIORI",
- "RILASCIATO A POSTERIORI",
- "AFGEGEVEN A POSTERIORI",
- "EMITIDO A POSTERIORI",
- "ANNETTU JÄLKIKÄTEEN",
- "UTFÄRDAT I EFTERHAND".
5. The endorsement referred to in paragraph 4 shall be inserted in the "Remarks" box of the EUR.1 movement certificate.
Article 19
Issue of a duplicate EUR.1 movement certificate
1. In the event of theft, loss or destruction of an EUR.1 movement 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.
2. The duplicate issued must be endorsed with one of the following words:
- "DUPLICADO",
- "DUPLIKAT",
- "DUPLIKAT",
- "ΑΝΤΙΓΡΑΦΟ",
- "DUPLICATE",
- "DUPLICATA",
- "DUPLICATO",
- "DUPLICAAT",
- "SEGUNDA VIA",
- "KAKSOISKAPPALE",
- "DUPLIKAT".
3. The endorsement referred to in paragraph 2 shall be inserted in the "Remarks" box of the duplicate EUR.1 movement certificate.
4. The duplicate, which must bear the date of issue of the original EUR.1 movement certificate, shall take effect as from that date.
Article 20
Issue of EUR.1 movement certificates on the basis of a proof of origin issued or made out previously
When originating products are placed under the control of a customs office in the Community or in Ceuta and Melilla, it shall be possible to replace the original proof of origin by one or more EUR.1 movement certificates for the purpose of sending all or some of these products elsewhere within the Community or Ceuta and Melilla. The replacement EUR.1 movement certificate(s) shall be issued by the customs office under whose control the products are placed.
Article 21
Conditions for making out an invoice declaration
1. An invoice declaration as referred to in Article 16(1)(b) may be made out:
(a) by an approved exporter within the meaning of Article 22, or
(b) by any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed EUR 6000.
2. An invoice declaration may be made out if the products concerned can be considered as products originating in the Community, in Ceuta and Melilla or in one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Regulation.
3. The exporter making out an invoice declaration must be able to submit at any time, at the request of the customs authorities of the exporting country, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Regulation.
4. An invoice declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or any other commercial document, the declaration, the text of which appears in Annex D, using one of the language versions set out in that Annex, in accordance with the provisions of the domestic law of the exporting country. The declaration may also be handwritten, in which case it must be completed in ink and in capital letters.
5. Invoice declarations shall bear the original handwritten signature of the exporter. However, an approved exporter within the meaning of Article 22 shall not be required to sign such declarations, provided that he gives the customs authorities of the exporting country a written undertaking that he accepts full responsibility for any invoice declaration which identifies him as if it had been signed by him by hand.
6. An invoice declaration may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that it is presented in the importing country no longer than two years after the importation of the products to which it relates.
Article 22
Approved exporter
1. The customs authorities of the exporting Member State may authorise any exporter (hereinafter referred to as "approved exporter") who frequently exports products covered by this Regulation to make out invoice declarations irrespective of the value of the products concerned. An exporter seeking such authorisation must offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Regulation.
2. The customs authorities may make the grant of the status of approved exporter subject to any conditions which they consider appropriate.
3. The customs authorities shall allocate the approved exporter a customs authorisation number which shall appear on the invoice declaration.
4. The customs authorities shall monitor the use made of the authorisation by the approved exporter.
5. The customs authorities may withdraw the authorisation at any time. They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, no longer fulfils the conditions referred to in paragraph 2 or otherwise makes improper use of the authorisation.
Article 23
Validity of a proof of origin
1. A proof of origin shall be valid for four months from the date of issue in the exporting country, and must be submitted within that period to the customs authorities of the importing country.
2. Proofs of origin which are submitted to the customs authorities of the importing country 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 these documents by the final date set is due to exceptional circumstances.
In other cases of belated presentation, the customs authorities of the importing country may accept the proofs of origin where the products have been submitted before the said final date.
Article 24
Submission of a proof of origin
Proofs of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. Those authorities may require a translation of a proof of origin and may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for the application of this Regulation.
Article 25
Importation by instalments
Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonised System falling within Sections XVI and XVII or heading Nos 7308 and 9406 of the Harmonised System are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.
Article 26
Exemptions from a proof of origin
1. Products sent as small packages from private persons to private persons or forming part of travellers' personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Regulation and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on the customs declaration CN22/CN23 or on a sheet of paper annexed to that document.
2. Imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the products that no commercial purpose is in view.
The total value of those products may not exceed EUR 500 in the case of small packages or EUR 1200 in the case of products forming part of travellers' personal luggage.
Article 27
Supporting documents
The documents referred to in Article 17(3) and Article 21(3) used for the purpose of proving that products covered by an EUR.1 movement certificate or an invoice declaration can be considered as products originating in the Community, in Ceuta and Melilla or in one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Regulation may consist, inter alia, of the following:
(a) direct evidence of the operations carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal book-keeping;
(b) documents proving the originating status of the materials used, issued or made out in the Community or Ceuta and Melilla, where these documents are used in accordance with domestic law;
(c) documents proving the working or processing of the materials in the Community or Ceuta and Melilla, issued or made out in the Community or Ceuta and Melilla, where these documents are used in accordance with domestic law;
(d) EUR.1 movement certificates or invoice declarations, proving the originating status of the materials used, issued or made out in the Community or Ceuta and Melilla in accordance with this Regulation, or in one of the other countries referred to in Articles 3 and 4, in accordance with rules of origin which are identical to the rules in this Regulation.
Article 28
Preservation of proofs of origin and supporting documents
1. The exporter applying for the issue of an EUR.1 movement certificate shall keep, for at least three years, the documents referred to in Article 17(3).
2. The exporter making out an invoice declaration shall keep, for at least three years, a copy of that invoice declaration as well as the documents referred to in Article 21(3).
3. The customs authorities of the exporting country issuing an EUR.1 movement certificate shall keep, for at least three years, the application form referred to in Article 17(2).
4. The customs authorities of the importing country shall keep for at least three years the EUR.1 movement certificates and the invoice declarations submitted to them.
Article 29
Discrepancies and formal errors
1. The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that this document does correspond to the products submitted.
2. Obvious formal errors such as typing errors on a proof of origin should not cause the document to be rejected if those errors are not such as to create doubts concerning the correctness of the statements made in this document.
Article 30
Amounts expressed in euro
1. Amounts in the national currency of the exporting Member State or applied in Ceuta and Melilla equivalent to the amounts expressed in euro shall be the equivalent in that national currency of the amounts expressed in euro as at the first working day in October 1999 and shall be communicated to the Member States by the Commission.
2. When the amounts exceed the corresponding amounts fixed by the importing Member State, the latter shall accept them if the products are invoiced in the currency of the exporting Member State. When the products are invoiced in the currency of another Member State, the importing Member State shall recognise the amount notified by the Member State concerned.
CHAPTER VI
ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
Article 31
Mutual assistance
1. The Spanish customs authorities and the customs authorities of the other Member States shall provide each other, through the European Commission, with specimen impressions of stamps used in their customs offices for the issue of EUR.1 movement certificates and with the addresses of the customs authorities responsible for verifying those certificates and invoice declarations.
2. In order to ensure the proper application of this Regulation, Spain and the other Member States shall assist each other, through their respective customs administrations, in checking the authenticity of the EUR.1 movement certificates or the invoice declarations and the correctness of the information given in these documents.
Article 32
Verification of proofs of origin
1. Subsequent verifications of proofs of origin shall be carried out at random or whenever the customs authorities of the importing Member State have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Regulation.
2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the importing Member State shall return the EUR.1 movement certificate and the invoice, if it has been submitted, the invoice declaration, or a copy of these documents, to the customs authorities of the exporting Member State giving, where appropriate, the reasons of substance or form for the enquiry. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for a posteriori verification.
3. The a posteriori verification shall be carried out by the customs authorities of the exporting Member State. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate.
4. If the customs authorities of the importing Member State decide to suspend the grant of preferential treatment to the product concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.
5. The customs authorities requesting the a posteriori verification shall be informed of the results as soon as possible. These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in the Community, Ceuta and Melilla or one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Regulation.
6. In cases of reasonable doubt and if there is no reply within 10 months of the date of the request for a posteriori verification or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the customs authorities requesting the verification shall, except in exceptional circumstances, refuse to grant the preferences.
Article 33
Dispute settlement
Where disputes arise in relation to the verifications referred to in Article 32 which cannot be settled between the customs authorities requesting the verification and the customs authorities responsible for carrying it out or where they raise a question as to the interpretation of this Regulation, they shall be submitted to the Customs Code Committee instituted by Council Regulation (EEC) No 2913/92(3).
The settlement of disputes between the importer and the customs authorities of the importing country shall be in accordance with the legislation of that country.
Article 34
Penalties
Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining preferential treatment for products. The penalties provided for must be effective, proportionate and dissuasive.
Article 35
Free zones
1. The Member States shall take all necessary steps to ensure that products traded under cover of a proof of origin which, in the course of transport, use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to preserve them in good condition.
2. By way of derogation from paragraph 1, when products originating in the Community or Ceuta and Melilla are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the competent customs authorities shall issue a new EUR.1 movement certificate at the exporter's request, if the treatment or processing undergone is in conformity with the provisions of this Regulation.
CHAPTER VII
FINAL PROVISIONS
Article 36
Repeal
Regulation (EEC) No 1135/88 is hereby replealed.
References to the repealed Regulation shall be construed as references to this Regulation.
Article 37
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 December 2000.