Keywords

Summary



Keywords

1 . ORIGIN OF GOODS - DETERMINATION - DISCRETIONARY POWER OF THE COMMISSION - LIMITS

( REGULATION ( EEC ) NO 802/68 OF THE COUNCIL , ART . 5 )

2 . ORIGIN OF GOODS - DETERMINATION - DISCRETIONARY POWER OF THE COMMISSION - DEFINITION OF SPECIFIC CRITERIA OF ORIGIN - CRITERIA DRAWN FROM A REAL AND OBJECTIVE DISTINCTION BETWEEN THE RAW MATERIAL AND THE PROCESSED PRODUCT - ADMISSIBILITY - CRITERIA DRAWN FROM THE TARIFF CLASSIFICATION OF PROCESSED PRODUCTS - ADMISSIBILITY - CONDITIONS

( REGULATION ( EEC ) NO 802/68 OF THE COUNCIL , ART . 5 )

3 . ORIGIN OF GOODS - DETERMINATION - DISCRETIONARY POWER OF THE COMMISSION - LIMITS - UNBLEACHED COTTON YARN - KNITTED AND CROCHETED FABRICS - ADOPTION OF ENTIRELY DIFFERENT SPECIFIC CRITERIA OF ORIGIN - ABSENCE OF OBJECTIVE JUSTIFICATION - DISCRIMINATION AGAINST THE PRODUCTS CONCERNED - REGULATION NO 749/68 - INVALIDITY

( REGULATION ( EEC ) NO 802/68 OF THE COUNCIL , ART . 5 ; COMMISSION REGULATION NO 749/78 )

Summary

1 . IN ADOPTING IMPLEMENTING PROVISIONS PURSUANT TO ARTICLE 14 OF REGULATION NO 802/68 ON THE COMMON DEFINITION OF THE CONCEPT OF THE ORIGIN OF GOODS , THE COMMISSION IS OBLIGED NOT TO EXCEED THE POWERS WHICH THE COUNCIL HAS CONFERRED UPON IT FOR THE IMPLEMENTATION OF THE RULES WHICH IT HAS PROMULGATED IN THAT REGULATION AND , MORE PRECISELY , IT MUST DEFINE SPECIFIC CRITERIA OF ORIGIN WHICH COMPLY WITH THE OBJECTIVE CRITERIA OF ARTICLE 5 OF THE AFOREMENTIONED REGULATION .

2.FOR THE PURPOSES OF THE APPLICATION OF REGULATION NO 802/68 ON THE COMMON DEFINITION OF THE CONCEPT OF THE ORIGIN OF GOODS , THE COMMISSION MUST NOT SEEK CRITERIA DEFINING THE ORIGIN OF GOODS IN THE TARIFF CLASSIFICATION OF PROCESSED PRODUCTS , SINCE THE COMMON CUSTOMS TARIFF HAS BEEN CONCEIVED TO FULFIL SPECIAL PURPOSES AND NOT IN RELATION TO THE DETERMINATION OF THE ORIGIN OF PRODUCTS . ON THE CONTRARY , IN ORDER TO MEET THE PURPOSES AND REQUIREMENTS OF THE REGULATION IN QUESTION THE DETERMINATION OF THE ORIGIN OF GOODS MUST BE BASED ON A REAL AND OBJECTIVE DISTINCTION BETWEEN RAW MATERIAL AND PROCESSED PRODUCT , DEPENDING FUNDAMENTALLY ON THE SPECIFIC MATERIAL QUALITIES OF EACH OF THOSE PRODUCTS .

HOWEVER , WHEN THE COMMISSION TAKES THE CHANGE OF TARIFF HEADING FOR PROCESSED PRODUCTS ONLY AS A BASIC RULE , JUSTIFIED ON THE ONE HAND BY THE NEED FOR LEGAL CERTAINTY AND ON THE OTHER HAND BY THE PROBLEMS OF DEFINITION IN MULTIPLE ECONOMIC CIRCUMSTANCES AND WHEN IT SUPPLEMENTS AND ADAPTS THAT BASIC RULE IN ORDER TO TAKE INTO ACCOUNT THE PARTICULAR FEATURES OF SPECIFIC WORKING OR PROCESSING OPERATIONS , IT IS NOT ADOPTING A METHOD WHICH IS IN ITSELF INCOMPATIBLE WITH THE GENERAL CRITERIA PROVIDED BY ARTICLE 5 OF REGULATION NO 802/68 .

3.REGULATION NO 749/78 ON THE DETERMINATION OF THE ORIGIN OF TEXTILE PRODUCTS FALLING WITHIN CHAPTERS 51 AND 53 TO 62 OF THE COMMON CUSTOMS TARIFF IS INVALID IN SO FAR AS IT PROVIDES THAT THE PROCESSES OF DYEING , ACCOMPANIED WHERE APPROPRIATE BY MERCERIZING AND GASSING , ARE NOT TO CONFER ON UNBLEACHED COTTON YARN THE STATUS OF A PRODUCT ORIGINATING IN THE COUNTRY WHERE THOSE PROCESSES TOOK PLACE , WHILE IT CONSIDERS THAT DYEING ACCOMPANIED BY FINISHING OPERATIONS IS SUFFICIENT TO CONFER THAT STATUS ON KNITTED AND CROCHETED FABRICS .

IT APPEARS CONTRADICTORY AND DISCRIMINATORY FOR REGULATION NO 749/78 TO PROVIDE SUBSTANTIALLY MORE SEVERE CRITERIA FOR THE DETERMINATION OF THE ORIGIN OF COTTON YARN THAN FOR THE DETERMINATION OF THE ORIGIN OF CLOTHS AND FABRICS . ALTHOUGH THE COMMISSION POSSESSES A DISCRETIONARY POWER FOR THE APPLICATION OF THE GENERAL CRITERIA CONTAINED IN ARTICLE 5 OF REGULATION NO 802/68 TO SPECIFIC WORK OR PROCESSING OPERATIONS IT CANNOT HOWEVER , IN THE ABSENCE OF OBJECTIVE JUSTIFICATION , ADOPT ENTIRELY DIFFERENT SOLUTIONS FOR SIMILAR WORKING OR PROCESSING OPERATIONS .