COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 30.10.1997 
COM(97) 544 final 
97/0288 (ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 
on proof of origin for certain textile products falling within Section XI of the 
Combined Nomenclature and released for free circulation in the Community, 
and on the conditions for the acceptance of such proof 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
By Regulation (EEC) No 616/78 of 20 March 1978 on proof of origin for certain textile 
products falling within Chapter 51 or Chapters 53 to 62 of the Common Customs Tariff 
and imported into the Community, and on the conditions for the acceptance of such 
proof1, the Council established procedures for preventing any deflection of trade or abuse 
which would be detrimental to the application of the rules and/or arrangements on textiles. 
A system for checking origin was introduced to this effect based on the requirement of an 
origin certificate for some textile products and a declaration of origin on the invoice 
for others. 
However, since the Regulation was adopted, changes have taken place in certain areas of 
the customs and textile fields and the Council has also adopted legislation on mutual 
assistance and administrative cooperation. 
In order to take account of the changes and facilitate and clarify application of the 
provisions relating to proof of origin for textile products by traders and the relevant 
Member State authorities, all the above provisions need to be set out in a new text and the 
Regulation in question repealed. 
To this end it is proposed that the Council adopt the attached proposal for a Regulation. 
OJNo L 84, 31.3.1978, p. 1. 
Proposal for a 
COUNCIL REGULATION (EC) 
on proof of origin for certain textile products falling within Section XI of the 
Combined Nomenclature and released for free circulation in the Community, 
and on the conditions for the acceptance of such proof 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113 thereof, 
Having regard to the proposal from the Commission2, 
Whereas Council Regulation (EEC) No 616/78 of 20 March 1978 on proof of origin 
for certain textile products falling within Chapter 51 or Chapters 53 to 62 of the 
Common Customs Tariff and imported into the Community, and on the conditions for the 
acceptance of such proof3, as last amended by Regulation (EEC) No 3 626/834, laid down 
conditions for preventing any deflection of trade or any abuse which would be detrimental 
to the application of the rules on textiles by means of a system for origin based on the 
requirement of presentation of a certificate of origin for some textile products and a 
declaration of origin on the invoice for others; 
Whereas since the adoption of Regulation (EEC) No 616/78, changes have taken place in 
certain areas of the customs and textile fields; whereas, in particular, the textile products 
concerned are those listed in Section XI of the Combined Nomenclature classified 
in categories as defined in Annex I to Council Regulation (EEC) No 3030/93 of 
12 October 1993 on common rules for imports of certain textile products from 
third countries5, as last amended by Commission Regulation (EC) No 1445/976; 
Whereas the provisions relating to mutual assistance and administrative cooperation laid 
down in Articles 4, 4a and 4b of Regulation (EEC) No 616/78 are already covered by 
Council Regulation (EEC) No 1468/81 of 19 May 1981 on mutual assistance between the 
administrative authorities of the Member States and cooperation between the latter and 
the Commission to ensure the correct application of the law on customs or agricultural 
matters7, as last amended by Regulation (EEC) No 945/878; 
Whereas, in the interests of clarity, Regulation (EEC) No 616/78 should be re-cast; 
2 OJNo 
3 OJ No L 84, 31.3.1978, p. 1. 
4 OJ No L 360, 23.12.1983, p. 5. 
5 OJ No L 275, 8.11.1993, p. 1. 
6 OJNo LI 98, 25.7.1997, p. 1. 
7 OJ No L 144, 2.6.1981, p. 1. 
8 OJ No L 90, 2.4.1987, p. 3. 
Whereas in the interests of efficiency, management of the measures provided for in this 
Regulation should be entrusted to the Customs Code Committee, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. The release for free circulation in the Community of textile products falling within 
Section XI of the Combined Nomenclature, listed in Annex I to Regulation (EEC) 
No 3030/93, in its form as amended by Commission Regulation (EC) No 2231/969, 
shall be subject to proof of their origin in one of the forms and in accordance with 
the procedures set out in this Regulation. 
2. The proof of origin referred to in paragraph 1 shall not be required for goods 
accompanied by a certificate corresponding to the specimens and satisfying the 
conditions laid down for the purposes of the implementation of bilateral textile 
agreements, protocols or other arrangements. 
3. Imports of a totally non-commercial nature are exempted from the provisions of 
this Regulation. 
Article 2 
The products listed in groups IA, IB, IIA and 1IB of Annex I to Regulation (EEC) 
No 3030/93 must be accompanied by a certificate of origin complying with the conditions 
set out in Article 47 of Commission Regulation (EEC) No 2454/9310. 
The certificates of origin may be accepted only if the products concerned fulfil the criteria 
for determining origin laid down by the relevant Community provisions in force. 
Article 3 
1. Products other than those referred to in Article 2 must be accompanied by a 
declaration by the exporter or supplier on the invoice or, if there is no invoice, on 
another commercial document relating to the said products, to the effect that they 
originate in the third country where the declaration was drawn up and comply with 
the criteria for determining origin set out in the relevant Community provisions. The 
text of that declaration must correspond to the model set out in the Annex. 
Notwithstanding the first subparagraph, certificates of origin may be issued for such 
products in conformity with Article 47 of Regulation (EEC) No 2454/93. 
2. Notwithstanding the production of the declaration of origin referred to in 
paragraph 1, the competent authorities in the Community may, if there is cause for 
serious doubt, demand any additional proof with the object of ensuring that the 
declaration of origin complies with the criteria for determining origin set out in the 
relevant Community provisions. 
9 OJ No L 307, 28.11.1996, p. 1. 
10 OJNoL253, 11.10.1993. p. 1. 
3. Member States shall inform the Commission of any significant abuse or irregularity 
they detect in the use of declarations of origin. 
At the request of a Member State or on the initiative of the Commission, 
presentation of a certificate of origin may, in accordance with the procedure laid 
down in Article 249 of Council Regulation (EEC) No 2913/9211, be demanded in 
respect of the products and countries concerned by such abuse or irregularity. 
Article 4 
EUR1 and EUR2 movement certificates and forms, Form A certificates of origin and 
invoice declarations issued for the purpose of obtaining a tariff preference shall be 
accepted in place of the proof of origin referred to in Articles 2 and 3. 
Article 5 
1. Each consignment of goods must be accompanied by a certificate of origin or 
invoice declaration. 
2. Member States may accept a certificate of origin relating to more than one 
consignment, provided that the products can be clearly identified on the said 
certificate and that the total quantities concerned are not greater than the quantities 
shown on the certificate. 
Article 6 
Where different criteria for determining origin are laid down for products falling within a 
single heading of the Combined Nomenclature or a single category listed in Annex I to 
Regulation (EC) No 3030/93, certificates or declarations of origin must contain a 
sufficiently detailed description of the goods to identify the criterion on the basis of which 
the certificate was issued or the declaration drawn up. 
Article 7 
1. Certificates of origin shall be issued and invoice declarations drawn up in the 
country in which the goods originate. 
2. Where goods are not imported direct from the country of origin but arrive via 
another country, certificates of origin issued in the latter country shall be accepted 
subject to checking that such certificates are admissible on the same basis as those 
issued by the country of origin. 
OJ No L 302, 19.10.1992, p. 1. 
3. Paragraph 2 shall not apply if quantitative limits have been fixed or agreed for the 
products in question with respect to the country of origin. 
Article 8 
Member States shall notify the Commission of any relevant information relating to the 
application of this Regulation. 
The Commission shall forward any such information to the other Member States. 
The provisions of Regulation (EEC) No 1468/81 shall apply. 
Article 9 
The provisions for the implementation of this Regulation shall be laid down by 
the Commission in accordance with the procedure laid down in Article 249 of 
Regulation (EEC) No 2913/92. 
Article 10 
Regulation (EEC) No 616/78 is hereby repealed. 
References to the repealed Regulation shall be construed as references to this Regulation. 
Article 11 
This Regulation shall enter into force on the seventh day following that of its publication 
in the Official Journal of the European Communities. 
It shall apply from 1 January 1998. 
This Regulation shall be binding in its entirety and directly applicable in all 
Member States. 
Done at Brussels, For the Council 
The President 
ANNEX 
Declaration by the exporter or supplier on the invoice or. failing that, on another 
commercial document 
'Declaration of origin 
The exporter/supplier1 of the products covered by this invoice/document1 hereby declares 
that, except where otherwise clearly indicated, these products are of....origin2 within the 
meaning of the rules in force in the European Community. 
Done at, 
(Name and address of 
the exporter/supplier1 -
handwritten signature 
of the person authorized) 
1 Delete as appropriate. 
2 Name of the country of origin where the declaration was drawn up. 
7 
IMPACT STATEMENT 
The proposal will not have any effect on competition and employment in the Community. 
ISSN 0254-1475 
COM(97) 544 final 
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ISBN 92-78-26220-X 
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