Council Regulation (EC) No 1541/98 of 13 July 1998 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: 1998-07-13
Institutions: Council of the European Union
Subjects: certificate of origin, free circulation, import policy, originating product, textile product, third country

18. 7. 98

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Official Journal of the European Communities

L 202/11

COUNCIL REGULATION (EC) No 1541/98

of 13 July 1998

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,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community, and in particular Article 113 thereof,

Article 1

Having regard to the proposal from the Commission,

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 proof (1), laid down conditions for preventing any
deflection of trade or any abuse which would be detri-
mental
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;

to the application of

the

since

adoption of Regulation (EEC)
Whereas
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
to Council Regulation (EEC)
defined in Annex I
No 3030/93 of 12 October 1993 on common rules for
imports of certain textile products from third countries (2);

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 (EC) No 515/97 of 13 March 1997 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 and agricultural matters (3);

Whereas,
No 616/78 should be re-cast;

in the interests of clarity, Regulation (EEC)

Whereas in the interests of efficiency, management of the
measures provided for
in this Regulation should be
entrusted to the Customs Code Committee,

(1) OJ L 84, 31. 3. 1978, p. 1. Regulation as last amended by Re-
gulation (EEC) No 3626/83 (OJ L 360, 23. 12. 1983, p. 5).
(2) OJ L 275, 8. 11. 1993, p. 1. Regulation as last amended by
Commission Regulation (EC) No 339/98 (OJ L 45, 16. 2.
1998, p. 1).

(3) OJ L 82, 22. 3. 1997, p. 1.

falling within Section XI of

The release for free circulation in the Community of
1.
textile products
the
Combined Nomenclature, listed in Annex I to Regulation
(EEC) No 3030/93, 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 of
origin corresponding to the specimens and satisfying the
conditions laid down for the purposes of the implementa-
tion of bilateral textile agreements, protocols or other
arrangements.

Imports of a totally non-commercial nature are

3.
exempted from the provisions of this Regulation.

Article 2

The products listed in groups IA, IB, IIA and IIB 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 Regula-
tion (EEC) No 2454/93 of 2 July 1993 laying down provi-
sions
the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs
Code (4).

for

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
if there is no invoice, on
supplier on the invoice or,
another commercial document
relating to the said
products, to the effect that the products in question ori-
ginate 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 Annex I.

(4) OJ L 253, 11. 10. 1993, p. 1. Regulation as last amended by
Regulation (EC) No 1427/97 (OJ L 196, 24. 7. 1997, p. 31).

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18. 7. 98

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 au-
thorities 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 rele-
vant Community provisions.

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
of
the Commission, presentation of
origin may, in accordance with the procedure laid down
in Article 249 of Council Regulation (EEC) No 2913/92
of 12 October 1992 establishing the Community Customs
Code (1), be demanded in respect of the products and
countries concerned by such abuse or irregularity.

certificate

a

Article 4

In accordance with the procedure
laid down in
Article 249 of Council Regulation (EEC) No 2913/92,
derogations from the obligation to present one of the
proofs of origin referred to in Articles 2 and 3 may be
granted to textile and clothing products that are not
subject
commercial policy
measures.

to specific Community

The provisions establishing derogations from the obliga-
tion to present a certificate of origin in accordance with
Article 2 shall state, in particular, whether or not a de-
claration of origin in compliance with Article 3 must be
presented for the products in question.

Article 5

EUR 1 movement certificates, EUR 2 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.

and that the total quantities concerned are not greater
than the quantities shown on the certificate.

Article 7

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 8

1.
Certificates of origin shall be issued and invoice
declarations drawn up in the country in which the goods
originate.

imported direct

2. Where goods are not
from the
country of origin but arrive via another country, certi-
ficates 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.

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 9

Member States shall notify the Commission of any rel-
evant information relating to the application of this Regu-
lation.

The Commission shall forward any such information to
the other Member States.

The provisions of Regulation (EC) No 515/97 shall apply.

Article 10

The provisions for the implementation of this Regulation
shall be laid down in accordance with the procedure laid
down in Article 249 of Regulation (EEC) No 2913/92.

Article 11

Article 6

Regulation (EEC) No 616/78 shall be repealed.

Each consignment of goods must be accompanied

1.
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

(1) OJ L 302, 19. 10. 1992, p. 1. Regulation as last amended by
Regulation (EC) No 82/97 (OJ L 17, 21. 1. 1997, p. 1).

References to the repealed Regulation shall be construed
as references to this Regulation and should be read in
accordance with the correlation table in Annex II.

Article 12

This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of
the European Communities.

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This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 13 July 1998.

For the Council

The President

W. SCH(cid:154)SSEL

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ANNEX I

DECLARATION BY THE SUPPORTER OR SUPPLIER ON THE INVOICE OR, IF THERE IS
NO INVOICE, ON ANOTHER COMMERCIAL DOCUMENT

Declaration of origin

The exporter/supplier (1) of the products covered by this invoice/document (1) hereby declares that, except
where otherwise clearly indicated, these products are of . . . . . . . . . . . . . . . . . . . . . origin (2) within the meaning
of the rules in force in the European Community.

Done at ............................................................., on .............................................................

.......................................................................................................................

.......................................................................................................................

(Name and address of the exporter/supplier (1) handwritten signature of the
person authorised)

ANNEX II

CORRELATION TABLE

Regulation (EEC) No 616/78

Regulation (EC) No 1541/98

Article 1

Article 2

Article 3

Article 4

Article 4a

Article 4b

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 1

Article 2

Article 3

—

—

—

Article 2, second paragraph
and Article 3(1)

Article 7

Article 8

Article 5, Article 1(2) and (3)

—

—

(1) Delete as appropriate.
(2) Name of the country of origin where the declaration was drawn up.