Decision No 2/99 of the Joint Committee established under the Agreement between the European coal and steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European coal and steel Community of 8 July 1999 amending Protocol 1 of the Agreement
Date: 1999-07-08
Institutions: ECSC–Turkey Joint Committee
Subjects: ECSC, Türkiye, coal, free-trade agreement, free-trade area, steel

12. 8. 1999

EN

Official Journal of the European Communities

L 212/21

II

(Acts whose publication is not obligatory)

COMMISSION

DECISION No 2/99 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT
BETWEEN THE EUROPEAN COAL AND STEEL COMMUNITY AND THE REPUBLIC OF TURKEY
ON TRADE IN PRODUCTS COVERED BY THE TREATY ESTABLISHING THE EUROPEAN COAL
AND STEEL COMMUNITY

of 8 July 1999

amending Protocol 1 of the Agreement

(1999/561/ECSC)

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Coal and Steel Community and the Republic of
Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community,
and in particular Article 6 and Protocol 1 thereof,

HAS DECIDED AS FOLLOWS:

Article 1

Articles 1 to 34 of Protocol 1 of the Agreement between the European Coal and Steel Community and the
Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel
Community, shall be replaced by the text attached hereto.

This Decision shall take effect on the date of its adoption.

It shall apply with effect from 1 January 1999.

Article 2

Article 3

This Decision shall be published in the Official Journal of the European Communities.

Done at Brussels, 8 July 1999.

For the Joint Committee

The Chairman

Salvatore SALERNO

L 212/22

EN

Official Journal of the European Communities

12. 8. 1999

ANNEX

PROTOCOL 1

on rules of origin

TABLE OF CONTENTS

GENERAL PROVISIONS
Definitions

DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’
General requirements
Cumulation in the Community
Cumulation of origin in Turkey
Wholly obtained products
Sufficiently worked or processed products
Insufficient working or processing operations
Unit of qualification
Neutral elements

TERRITORIAL REQUIREMENTS
Principle of territoriality
Direct transport
Exhibitions

DRAWBACK OR EXEMPTION
Prohibition of drawback of, or exemption from, customs duties

PROOF OF ORIGIN
General requirements
Procedure for the issue of an EUR.1 movement certificate
EUR.1 movement certificates issued retrospectively
Issue of a duplicate EUR.1 movement certificate
Issue of EUR.1 movement certificates on the basis of a proof of origin issued or made out
previously
Conditions for making out an invoice declaration
Approved exporter
Validity of proof of origin
Submission of proof of origin
Supporting documents
Preservation of proof of origin and supporting documents
Discrepancies and formal errors
Amounts expressed in euro

ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
Mutual assistance
Verification of proofs of origin
Dispute settlement
Penalties
Free zones

CEUTA AND MELILLA
Application of the Protocol
Special conditions

FINAL PROVISIONS
Amendments to the Protocol

TITLE I
Article 1

TITLE II
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9

TITLE III
Article 10
Article 11
Article 12

TITLE IV
Article 13

TITLE V
Article 14
Article 15
Article 16
Article 17
Article 18

Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26

TITLE VI
Article 27
Article 28
Article 29
Article 30
Article 31

TITLE VII
Article 32
Article 33

TITLE VIII
Article 34

12. 8. 1999

EN

Official Journal of the European Communities

L 212/23

TITLE I

(a) products wholly obtained in the Community within the meaning of

Article 5 of this Protocol;

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Protocol:

(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 being manufactured, even if
intended for later use in another manufacturing operation;

it is

(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 Turkey in whose under-
taking the last working or processing is carried out, provided the
price includes the value of all the materials used, less 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 Turkey;

(h) ‘value of originating materials’ means the value of such materials as

defined in subparagraph (g) applied mutatis mutandis;

(i) ‘added value’ shall be taken to be the ex-works price minus the
customs value of each of the materials incorporated which origi-
nated in the other countries referred to in Articles 3 and 4 or,
where the customs value is not known or cannot be ascertained,
the first price verifiably paid for the products in the Community or
Turkey;

(j) ‘chapters’ and ‘headings’ mean the chapters and the headings (four-
digit codes) used in the nomenclature which makes up the Harmo-
nised Commodity Description and Coding System, referred to in
this Protocol as ‘the Harmonised System’ or ‘HS’;

(k) ‘classified’ refers to the classification of a product or material under

a particular heading;

(l) ‘consignment’ means products which are either sent simultaneously
from one exporter to one consignee or covered by a single trans-
port document covering their shipment from the exporter to the
consignee or,
in the absence of such a document, by a single
invoice;

(m) ‘territories’

includes territorial waters.

TITLE II

DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’

Article 2

General requirements

(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 of this Protocol;

For the purpose of implementing this Agreement, the following

2.
products shall be considered as originating in Turkey:

(a) products wholly obtained in Turkey within the meaning of Article 5

of this Protocol;

(b) products obtained in Turkey incorporating materials which have
not been wholly obtained there, provided that such materials have
undergone sufficient working or processing in Turkey within the
meaning of Article 6 of this Protocol.

Article 3

Cumulation of origin in the Community

1. Without prejudice to the provisions of Article 2(1), products shall
be considered as originating in the Community if such products are
obtained there, incorporating materials originating in the Community,
Turkey, Bulgaria, Poland, Hungary, the Czech Republic, the Slovak
Republic, Romania, Lithuania, Latvia, Estonia, Slovenia, Iceland, Norway
or Switzerland (including Liechtenstein (1))
in accordance with the
provisions of the Protocol on rules of origin annexed to the Agreements
between the Community and each of these countries, provided hat the
working or processing carried out in the Community goes beyond that
referred to in Article 7 of this Protocol. It shall not be necessary that
such materials have undergone sufficient working or processing.

2. Where the working or processing carried out in the Community
does not go beyond the operations 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 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
originating materials used in the manufacture in the Community.

3.
Products originating in one of the countries referred to in para-
graph 1, which do not undergo any working or processing in the
Community, retain their origin if exported into one of these countries.

4. The cumulation provided for in this Article may only be applied to
materials or products which have acquired the originating status by an
application of rules of origin identical to those given in this Protocol.

The Community shall provide Turkey, through the European Commis-
sion with details of the Agreements and their corresponding rules of
origin, which are applied with the other countries referred to in para-
graph 1. The Commission shall publish in the Official Journal of the
European Communities (C Series) the date on which the cumulation,
provided for in this Article may be applied by those countries listed in
paragraph 1 which have fulfilled the necessary requirements.

Article 4

Cumulation in Turkey

1. Without prejudice to the provisions of Article 2(2), products shall
be considered as originating in Turkey if such products are obtained
there, incorporating materials originating in the Community, Turkey,
Bulgaria, Poland, Hungary, the Czech Republic, the Slovak Republic,
Romania, Latvia, Lithuania, Estonia, Slovenia, Iceland, Norway or Swit-
zerland (including Liechtenstein (1)) in accordance with the provisions
of the Protocol on rules of origin annexed to the Agreements between

For the purpose of implementing this Agreement, the following

1.
products shall be considered as originating in the Community:

(1) The Principality of Liechtenstein has formed a customs union with
Switzerland and is a Contracting Party to the Agreement on the
European Economic Area.

L 212/24

EN

Official Journal of the European Communities

12. 8. 1999

Turkey and each one of these countries, provided that the working or
processing carried out in Turkey goes beyond that referred to in Article
7 of this Protocol. It shall not be necessary that such materials have
undergone sufficient working or processing.

2. Where the working or processing carried out in Turkey does not
go beyond the operations referred to in Article 7, the product obtained
shall be considered as originating in Turkey 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 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 Turkey.

3.
Products originating in one of the countries referred to in para-
graph 1, which do not undergo any working or processing in Turkey,
retain their origin if they are exported to one of these countries.

4. The cumulation provided for in this Article may only be applied to
materials and products which have acquired originating status by an
application of rules of origin identical to those given in this Protocol.

Turkey shall provide the Community, through the European Commis-
sion, with details of the Agreements and their corresponding rules of
origin, which are applied with the other countries referred to in para-
graph 1. The Commission shall publish in the Official Journal of the
European Communities (C Series) the date on which the cumulation,
provided for in this Article may be applied by those countries listed in
paragraph, which have fulfilled the necessary requirements.

Article 5

Wholly obtained products

and no account shall be taken of the non-originating materials whichjk
may have been used in its manufacture.

2. Notwithstanding paragraph 1, non-originating materials which,
according to the conditions set out in the list, should not be used in the
manufacture of a 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.

3.

Paragraphs 1 and 2 shall apply except as provided in Article 7.

Article 7

Insufficient working or processing operations

1. Without prejudice to paragraph 2, the following operations shall be
considered as insufficient working or processing 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

sifting or
screening, sorting, classifying, matching (including the making-up of
sets of articles), washing, painting, cutting up;

removal of dust,

1. The following shall be considered as wholly obtained in the
Community or Turkey:

(a) mineral products extracted from their soil or from their seabed;

(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 prod-

(b) used articles collected there fit only for the recovery of raw ma-

ucts or their packaging;

terials;

(c) waste and scrap resulting from manufacturing operations conducted

there;

(e) simple mixing of products, whether or not of different kinds, where
one or more components of the mixtures do not meet the condi-
tions laid down in this Protocol to enable them to be considered as
originating in the Community or Turkey;

(d) goods produced there exclusively from the products specified in

subparagraphs (a) to (c).

(f) simple assembly of parts to constitute a complete product;

Article 6

Sufficiently worked or processed products

For the purposes of Article 2, products which are not wholly
1.
obtained are considered to be sufficiently worked or processed when
the conditions set out in the list in Annex II are fulfilled.

The conditions referred to above indicate, for all products covered by
this Agreement, the working or processing which must be carried out
on non-originating materials used in manufacturing and apply only in
relation to such 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,

(g) a combination of two or more operations specified in subpara-

graphs (a) to (f);

2. All the operations carried out in either the Community or Turkey
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 Protocol shall be the particular product which is considered as the
basic unit when determining classification using the nomenclature of
the Harmonised System.

12. 8. 1999

EN

Official Journal of the European Communities

L 212/25

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 Protocol.

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

Neutral elements

it shall not be
In order to determine whether a product originates,
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.

TITLE III

TERRITORIAL REQUIREMENTS

Article 10

Principle of territoriality

Except as provided for in Articles 3 and 4 and paragraph 3 of this
1.
Article, the conditions for acquiring originating status set out in Title II
must continue to be fulfilled at all times in the Community or in
Turkey.

Except as provided for in Articles 3 and 4, where originating goods
2.
exported from the Community or Turkey to another country return,
they must be considered as non-originating, unless it can be demon-
strated to the satisfaction of the customs authorities that:

(a) the returning goods are the same as those that 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.

3. The acquisition of originating status in accordance with the condi-
tions set out in Title II shall not be affected by working or processing
done outside the Community or Turkey on materials exported from the
Community or Turkey and subsequently reimported there, provided:

(a) the said materials are wholly obtained in the Community or Turkey
or have undergone working or processing beyond the insufficient
operations listed in Article 7 prior to being exported, and

(b) it can be demonstrated to the satisfaction of the customs authorities

that:

(i) the reimported goods have been obtained by working or

processing the exported materials, and

(ii) the total added value acquired outside the Community or
Turkey by applying the provisions of this Article does not
exceed 10 % of the ex-works price of the end product for which
originating status is claimed.

4.
For the purposes of paragraph 3, the conditions for acquiring
originating status set out in Title II shall not apply to working or
processing done outside the Community or Turkey. But where, in the
list in Annex II, a rule setting a maximum value for all the non-origin-
ating materials incorporated is applied in determining the originating
status of the end product, the total value of the non-originating ma-
terials incorporated in the territory of
taken
together with the total added value acquired outside the Community or
Turkey by applying the provisions of this Article, shall not exceed the
stated percentage.

the party concerned,

5.
For the purposes of applying the provisions of paragraphs 3 and 4,
‘total added value’ shall be taken to mean all costs arising outside the
including the value of the materials incor-
Community or Turkey,
porated there.

6. The provisions of paragraphs 3 and 4 shall not apply to products
which do not fulfil the conditions set out in the list in Annex II or
which can be considered sufficiently worked or processed only if the
general values fixed in Article 6(2) are applied.

7. Any working or processing of the kind covered by the provisions
of this Article and done outside the Community or Turkey shall be
done under the outward processing arrangements, or similar arrange-
ments

Article 11

Direct transport

treatment provided for under the Agreement
1. The preferential
applies only to products, satisfying the requirements of this Protocol,
which are transported directly between the Community and Turkey or
through the territory of the other countries referred to in Articles 3 and
4. However, products constituting one single consignment may be
transported through other territories with, should the occasion arise,
transhipment or temporary warehousing in such 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 operation designed to preserve
them in good condition.

2.
Evidence that the conditions set out in paragraph 1 have been
fulfilled shall be supplied to the customs authorities of the importing
country by the production of:

(a) a single transport document covering the passage from the

exporting country 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, the names of the ships, or the other
means of transport used;

(iii) certifying the conditions under which the products remained in

the transit country; or

(c) failing these, any substantiating documents.

L 212/26

EN

Official Journal of the European Communities

12. 8. 1999

Article 12

Exhibitions

1. Originating products, sent for exhibition in another country other
that those referred to in Articles 3 and 4 and sold after the exhibition
for
importation in the Community or Turkey shall benefit on
importation from the provisions of the Agreement provided it is shown
to the satisfaction of the customs authorities that:

(a) an exporter has consigned these products from the Community or
Turkey to the country in which the exhibition is 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 Turkey;

(c) the products have been consigned during the exhibition or imme-
diately thereafter in the state in which they were sent for exhibition;

(d) the products have not, since they were consigned for exhibition,
been used for any purpose other than demonstration at the exhibi-
tion.

2. A proof of origin must be issued or made out in accordance with
the provisions of Title V and submitted to the customs authorities of
the importing country in the normal manner. The name and address of
the exhibition must be indicated thereon. Where necessary, additional
documentary evidence of the conditions under which they have been
exhibited may be required.

Paragraph 1 shall apply to any trade,

industrial, agricultural or
3.
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.

TITLE IV

DRAWBACK OR EXEMPTION

Article 13

Prohibition of drawback of, or exemption from, customs
duties

1. Non-originating materials used in the manufacture of products
originating in the Community or in Turkey or in one of the other
countries referred to in Article 3 and 4 for which a proof of origin is
issued or made out in accordance with the provisions of Title V shall
not be subject in the Community or Turkey to drawback of, or exemp-
tion from, customs duties of whatever 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 Turkey to materials used in the manufacture, where
such refund, remission or non-payment applies, expressly or in effect,
when products obtained from the said materials are exported and not
when they are retained for home use there.

3. The exporter of products covered by a proof of origin shall be
prepared to submit at any time, on request from the customs authori-
ties, all appropriate documents proving that no drawback has been
obtained in respect of the non-originating materials used in the manu-
the products concerned and that all customs duties or
facture of

charges having equivalent effect applicable to such materials have
actually been paid.

4. The provisions of paragraphs 1 to 3 shall also apply in respect of
packaging within the meaning of Article 8 (2) when such items are
non-originating.

5. The provisions of paragraphs 1 to 4 shall apply only in respect of
materials which are of the kind to which the Agreement applies.

6. Notwithstanding paragraph 1, Turkey may apply arrangements for
drawback of, or exemption from, customs duties or charges having an
equivalent effect, applicable to materials used in the manufacture of
originating products provided that a 5 % rate of customs charge shall be
retained, or such lower rate as is in force in Turkey.

The provisions of this paragraph shall apply until 31 December 2000
and may be reviewed by common accord.

TITLE V

PROOF OF ORIGIN

Article 14

General requirements

1.
Products originating in the Community shall, on importation into
Turkey and products originating in Turkey shall, on importation into
the Community, benefit from this Agreement on submission of either

(a) an EUR.1 movement certificate, a specimen of which appears in

Annex III; or

(b) in the cases specified in Article 19(1), a declaration, the text of
which appears in Annex IV, 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’).

Article 15

Procedure for the issue of an EUR.1 movement certificate

1. An EUR.1 movement certificate shall be issued by the customs
authorities of the exporting country 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
complete both the EUR.1 movement certificate and the application
form, specimens of which appear in Annex III. These forms shall be
completed in one of the languages in which this Agreement is drawn
up and in accordance with the provisions of the domestic law of the
exporting country. If they are handwritten, they shall be completed in
ink in printed characters. 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 certifi-
cate shall be prepared to submit at any time, at the request of the
customs authorities of the exporting country where the EUR.1 move-
ment certificate is issued, all appropriate documents proving the origin-
ating status of the products concerned as well as the fulfilment of the
other requirements of this Protocol.

12. 8. 1999

EN

Official Journal of the European Communities

L 212/27

4. An EUR.1 movement certificate shall be issued by the customs
authorities of an EC Member State or Turkey if the products concerned
can be considered as products originating in the Community or Turkey
or in one of the other countries referred to in Articles 3 and 4 and fulfil
the other requirements of this Protocol.

5. The issuing customs authorities shall take any steps necessary to
verify the originating status of the products and the fulfilment of the
other requirements of this Protocol. 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
issuing customs authorities shall also 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.

2. The duplicate issued in this way must be endorsed with one of the
following words:

‘DUPLICADO’,
CATE’,
VIA’,

‘DUPLICATA’,
‘KAKSOISKAPPALE’,

‘DUPLIKAT’,

‘DUPLIKAT’,

‘ΑΝΤΙΓΡΑΦΟ’,

‘DUPLICATO’,

‘DUPLIKAT’,

‘DUPLICAAT’,
‘IKINCI NUSHADIR’.

‘DUPLI-
‘SEGUNDA

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 18

6. The date of
indicated in Box 11 of the certificate.

issue of the EUR.1 movement certificate shall be

Issue of EUR.1 movement certificates on the basis of a
proof of origin issued or made out previously

7. An EUR.1 movement certificate shall be issued by the customs
authorities and made available to the exporter as soon as actual expor-
tation has been effected or ensured.

Article 16

EUR.1 movement certificates issued retrospectively

1. Notwithstanding Article 15(7), an EUR.1 movement certificate may
exceptionally be issued after exportation of the products to which it
relates if:

When originating products are placed under the control of a customs
office in the Community or Turkey, 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 Turkey. The replacement EUR.1 movement
certificates shall be issued by the customs office under whose control
the products are placed.

Article 19

Conditions for making out an invoice declaration

(a) it was not issued at the time of exportation because of errors or

involuntary omissions or special circumstances; or

1. An invoice declaration as referred to in Article 14(1) (b) may be
made out:

(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.

For the implementation of paragraph 1, the exporter must indicate
2.
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 request.

3. The customs authorities may issue an EUR.1 movement certificate
retrospectively only after verifying that the information supplied in the
exporter's application agrees with that in the corresponding file.

4. Movement
endorsed with one of the following phrases:

certificates EUR.1 issued retrospectively must be

‘UDSTEDT
EFTERFØLGENDE’,
‘EXPEDIDO A POSTERIORI’,
‘ΕΚ∆ΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ’,
‘NACHTRÄGLICH AUSGESTELLT’,
‘ISSUED RETROSPECTIVELY’,
‘RILAS-
CIATO A POSTERIORI’, ‘AFGEGEVEN A POSTERIORI’, ‘EMITIDO
A POSTERIORI’, ‘ANNETTU JÄLKIKÄTEEN’, ‘UTFÄRDAT I EFTER-
HAND’,

‘SONRADAN VERILMISTIR’.

‘DÉLIVRÉ A POSTERIORI’,

5. The endorsement referred to in paragraph 4 shall be inserted in the
‘Remarks’ box of the EUR.1 movement certificate.

Article 17

Issue of a duplicate EUR.1 movement certificate.

(a) by an approved exporter within the meaning of Article 20, or

(b) by any exporter for any consignment consisting of one or more
packages containing originating products whose total value does
not exceed EURO 6 000.

2. An invoice declaration may be made out if the products concerned
can be considered as products originating in the Community, Turkey or
one of the other countries referred to in Articles 3 and 4 and fulfil the
other requirements of this Protocol.

3. The exporter making out an invoice declaration shall be prepared
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 Protocol.

4. An invoice declaration shall be made out by the exporter by typing,
stamping or printing on the invoice, the delivery note or another
commercial document, the declaration, the text of which appears in
Annex IV, using one of the linguistic versions set out in that Annex and
in accordance with the provisions of the domestic law of the exporting
country. If the declaration is handwritten, it shall be written in ink in
printed characters.

5.
Invoice declarations shall bear the original signature of the exporter
in manuscript. However, an approved exporter within the meaning of
Article 20 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 declara-
tion which identifies him as if it had been signed in manuscript by him.

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 made out on the basis of the export documents
in their possession.

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.

L 212/28

EN

Official Journal of the European Communities

12. 8. 1999

Article 20

this Protocol may consist inter alia of the following:

Approved exporter

1. The customs authorities of the exporting country may authorise
any exporter who makes frequent shipments of products under this
Agreement 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 neces-
sary to verify the originating status of the products as well as the
fulfilment of the other requirements of this Protocol.

2. The customs authorities may grant the status of approved exporter
subject to any conditions which they consider appropriate.

3. The customs authorities shall grant to the approved exporter a
customs authorisation number which shall appear on the invoice
declaration.

4. The customs authorities shall monitor the use 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, does not fulfil the conditions
referred to in paragraph 2 or otherwise makes an incorrect use of the
authorisation.

Article 21

Validity of 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 the said
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.

3.
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.

(a) direct evidence of the processes carried out by the exporter or
supplier to obtain the goods concerned, contained for example in
his accounts or internal bookkeeping;

(b) documents proving the originating status of materials used, issued
or made out in the Community or Turkey where these documents
are used in accordance with domestic law;

(c) documents proving the working or processing of materials in the
Community or Turkey, issued or made out in the Community or
Turkey, where these documents are used in accordance with
domestic law;

(d) EUR.1 movement certificates or invoice declarations proving the
issued or made out in the
originating status of materials used,
Community or Turkey in accordance with this Protocol, 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 of this Protocol.

Article 24

Preservation of proof of origin and supporting documents

1. The exporter applying for the issue of an EUR.1 movement certifi-
cate shall keep the documents referred to in Article 15(3) for at least
three years.

2. The exporter making out an invoice declaration shall keep a copy
of this invoice declaration as well as the documents referred to in
Article 19(3) for at least three years.

3. The customs authorities of the exporting country issuing an EUR.1
movement certificate shall keep the application form referred to in
Article 15(2) for at least three years.

4. The customs authorities of the importing country shall keep the
EUR.1 movement certificates and the invoice declarations submitted to
them for at least three years.

Article 25

Discrepancies and formal errors

Article 22

Submission of 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. The said 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 implementation of this Agreement.

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 corresponds to
the products submitted.

2. Obvious formal errors such as typing errors on a proof of origin
should not cause this document to be rejected if these errors are not
such as to create doubts concerning the correctness of the statements
made in this document.

Article 23

Supporting documents

Article 26

Amounts expressed in euro

The documents referred to in Articles 15(3) and 19(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 or Turkey or in one of the other coun-
tries referred to in Articles 3 and 4 and fulfil the other requirements of

1. Amounts in the national currency of the exporting country equiva-
lent to the amounts expressed in euro shall be fixed by the exporting
country and communicated to the importing countries through the
European Commission.

12. 8. 1999

EN

Official Journal of the European Communities

L 212/29

2. When the amounts exceed the corresponding amounts fixed by the
importing country, the latter shall accept them if the products are
invoiced in the currency of the exporting country. When the products
are invoiced in the currency of another EC Member State or another
country referred to in Articles 3 and 4, the importing country shall
recognise the amount notified by the country concerned.

3. The amounts to be used in any given national currency shall be the
equivalent in that national currency of the amounts expressed in euro
as at the first working day in October 1996.

4. The amounts expressed in euro and their equivalents in the
national currencies of the EC Member States and Turkey shall be
reviewed by the Joint Committee at the request of the Community or
Turkey. When carrying out this review, the Joint Committee shall
ensure that there will be no decrease in the amounts to be used in any
national currency and shall furthermore consider the desirability of
preserving the effects of the limits concerned in real terms. For this
purpose,

it may decide to modify the amounts expressed in euro.

TITLE VI

ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

Article 27

Mutual assistance

1. The customs authorities of the EC Member States and of Turkey
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 Protocol, the
Community and Turkey shall assist each other, through the competent
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 28

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 country
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 Protocol.

2.
For the purposes of implementing the provisions of paragraph 1,
the customs authorities of the importing country 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 country giving, where appropriate, the
reasons 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 verification.

3. The verification shall be carried out by the customs authorities of
the exporting country. 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.

If the customs authorities of the importing country decide to
4.
suspend the granting of preferential
to the products
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.

treatment

5. The customs authorities
requesting the verification shall be
informed of the results of this verification as soon as possible. These
results must indicate clearly whether the documents are authentic and
whether the products concerned can be considered as products origin-
ating in the Community or Turkey or one of the other countries
referred to in Articles 3 and 4 and fulfil the other requirements of this
Protocol.

6.
If in cases of reasonable doubt there is no reply within 10 months
of the date of the verification request 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 requesting customs
authorities shall, except in exceptional circumstances, refuse entitlement
to the preferences.

Article 29

Dispute settlement

Where disputes arise in relation to the verification procedures of Article
28 which cannot be settled between the customs authorities requesting
a verification and the customs authorities responsible for carrying out
this verification or where they raise a question as to the interpretation
of this Protocol, they shall be submitted to the Joint Committee.

In all cases the settlement of disputes between the importer and the
customs authorities of the importing country shall be under the legisla-
tion of the said country.

Article 30

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 a preferential treatment for products.

Article 31

Free zones

1. The Community and Turkey 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 prevent their deterioration.

2. By means of an exemption to the provisions contained in para-
graph 1, when products originating in the Community or Turkey are
imported into a free zone under cover of a proof of origin and undergo
treatment or processing, the authorities concerned 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
Protocol.

L 212/30

EN

Official Journal of the European Communities

12. 8. 1999

TITLE VII

CEUTA AND MELILLA

Article 32

Application of the Protocol

1. The term ‘Community’ used in Article 2 does not cover Ceuta and
Melilla.

2.
Products originating in Turkey, when imported into Ceuta or
Melilla, shall enjoy in all respects the same customs regime as that
which is applied to products originating in the customs territory of the
Community under Protocol 2 of the Act of Accession of the Kingdom
of Spain and the Portuguese Republic to the European Communities.
Turkey shall grant to imports of products covered by the Agreement
and originating in Ceuta and Melilla the same customs regime as that
which is granted to products imported from and originating in the
Community.

For the purpose of the application of paragraph 2 concerning
3.
products originating in Ceuta and Melilla, this Protocol shall apply
mutatis mutandis subject to the special conditions set out in Article 33.

Article 33

Special conditions

Providing they have been transported directly in accordance with

1.
the provisions of Article 11, the following shall be considered as:

(1) products originating in Ceuta and Melilla:

(a) products wholly obtained in Ceuta and Melilla;

(b) products obtained in Ceuta and Melilla in the manufacture
of which products other than those referred to in (a) are
used, provided that:

(i) the said products have undergone sufficient working or
processing within the meaning of Article 6 of
this
Protocol; or that

(ii) those products

are originating in Turkey or

the
Community within the meaning of
this Protocol,
provided that they have been submitted to working or
processing which goes beyond the insufficient working
or processing referred to in Article 7(1);

(2) products originating in Turkey:

(a) products wholly obtained in Turkey;

(b) products obtained in Turkey, in the manufacture of which
products other than those referred to in (a) are used,
provided that:

(i) the said products have undergone sufficient working or
processing within the meaning of Article 6 of
this
Protocol; or that

(ii) those products are originating in Ceuta and Melilla or the
this Protocol,
Community within the meaning of
provided that they have been submitted to working or
processing which goes beyond the insufficient working
or processing referred to in Article 7(1).

2. Ceuta and Melilla shall be considered as a single territory.

3. The exporter or his authorised representative shall enter ‘Turkey’
and ‘Ceuta and Melilla’ in Box 2 of EUR.1 movement certificates or on
invoice declarations. In addition, in the case of products originating in
Ceuta and Melilla, this shall be indicated in Box 4 of EUR.1 movement
certificates or on invoice declarations.

4. The Spanish customs authorities shall be responsible for the
application of this Protocol

in Ceuta and Melilla.

TITLE VIII

FINAL PROVISIONS

Article 34

Amendments to the Protocol

The Joint Committee may decide to amend the provisions of this
Protocol.