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
Date: 1997-10-30
Institutions: European Commission
Subjects: certificate of origin, free circulation, originating product, textile product, third country

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Regulation in question repealed.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 
3 
4 
5 
6 
7 
8 

OJNo 
OJ No L 84, 31.3.1978, p. 1. 
OJ No L 360, 23.12.1983, p. 5. 
OJ No L 275, 8.11.1993, p. 1. 
OJNo LI 98, 25.7.1997, p.  1. 
OJ No L  144, 2.6.1981, p. 1. 
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. 

2. 

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. 

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 
10 

OJ No L 307, 28.11.1996, p. 1. 
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. 

Regulation (EEC) No 616/78 is hereby repealed. 

Article 10 

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 
2 

Delete as appropriate. 
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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Catalogue  number  :  CB-CO-97-564-EN-C 

ISBN  92-78-26220-X 

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