Proposal for a Council Regulation on common rules for imports of footwear products originating in Vietnam
Date: 1999-11-16
Institutions: European Commission
Subjects: Viet Nam, footwear industry, fraud, import, import licence

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 16.11.1999
COM(1999) 585 final

1999/0245 (ACC)

Proposal for a

COUNCIL REGULATION

on common rules for imports of footwear products originating in Vietnam

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

2.

In accordance with Council directives of 21 February 1999, the Commission has
negotiated a Memorandum of Understanding for the Prevention of Fraud in Trade of
the Commission has
Footwear products (« the Memorandum »). Consequently,
proposed the Council to authorise the formal conclusion of this agreement. Pending
the completion of the relevant procedures, the Commission has proposed to the
Council to decide to apply provisionally this agreement from 1 January 2000, subject
to reciprocity.

The above mentioned Memorandum of Understanding sets out a double-checking
system based on authomatic authorizations through the issuance of export and import
certificates. Each transactions should be notified through the SIGL electronic
network. It is deemed this system would prevent fraudulent use of forged exports
documents. It is necessary to adopt common rules for the implementation in the
Community of the double-checking system set out by the Memorandum.

3.

The Council is therefore asked to approve the attached Regulation.

2

Proposal for a

COUNCIL REGULATION

on common rules for imports of footwear products originating in Vietnam

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Article 133 thereof,

Having regard to the proposal from the Commission,

(1) Whereas the common commercial policy must be based on uniform principles,

(2) Whereas the Commission antifraud services have found evidence that consignments of
footwear products had been imported into the Community on the basis of fraudulent
declarations of Vietnamese origin in the period 1994-1997,

(3) Whereas the European Community and the Government of Vietnam have negotiated a
Memorandum of Understanding on the Prevention of Fraud in Trade of Footwear
Products (the « Memorandum ») which sets out a double-checking system on the
exports to the Community of footwear products falling within Chapter 64 of the
Harmonised System/Combined Nomenclature,

(4) Whereas it is necessary to set out common rules for the implementation of the double-

checking system in the European Community,

HAS ADOPTED THIS REGULATION:

Article 1

1.

2.

This Regulation applies to all products falling within Chapter 64 of the Harmonised
System/Combined Nomenclature originating in Vietnam and imported into the
European Community.

For the purposes of this Regulation,
the term « originating products » and the
methods for verifying the origin of those products shall be as defined by the relevant
Community rules in force.

Article 2

The release for free circulation in the Community of the products referred to in Article 1 of
this Regulation shall be subject to the presentation of an import certificate issued by the
Member States’ authorities referred to in Article 11 of this Regulation in accordance with the
procedure set out in this Regulation.

3

Article 3

1.

2.

3.

The competent Vietnamese authorities shall issue an export certificate in respect of
the products referred to in Article 1.

The export certificate shall conform to the specimen appended in Annex I.

The original of the export certificate shall be presented by the importer for the
purposes of issuing the import certificate referred to in Article 6 of this Regulation.
The competent authorities of a Member State shall refuse to issue an import
certificate for products which are not covered by export cerificates issued in
accordance with the provisions of this Regulation.

Exports shall be recorded under the year in which the products covered by the export
certificate were shipped.

Article 4

1.

2.

3.

4.

1.

2.

Article 5

The forms to be used by the competent authorities of the Member States for issuing
the import certificates shall conform to the specimen of the import certificate set out
in Annex II of this Regulation.

The authorities of the Member States shall notify the Commission of the requests for
import certificates which they have received.

The Commission shall notify to the authorities of the Member States its confirmation
that the data contained in the requests for import certificates are in conformity with
the data received from the competent Vietnamese authorities.

The notifications referred to in the previous paragraphs of this Article shall be
communicated electronically within the integrated network setup for the SIGL
management of the textile licences, unless for imperative technical reasons it is
necessary to use other means of communication temporarily.

Article 6

The competent authorities of the Member States shall issue an import certificate
within a maximum of five working days from the presentation by the importer of the
original of the corresponding export certificate. This presentation must take place not
later than 30 June of the year following that in which the goods covered by the
certificate were shipped. Import certificates, drawn up on the form conforming to the
specimen set out in Annex II, shall be valid throughout the customs territory of the
Community.

The import certificates shall be valid for six months from the date of their issue, with
the possibility of a further extension of three months by the competent authorities of
the Member State concerned.

4

3.

The request made by the importer to the competent authorities of the Member States
in order to obtain the import certificate shall contain:

a)

the names of the importer and full address (including, if any, telephone and fax
registered with the competent national
number, and identification number
authorities), and VAT registration number, if it is a VAT payer;

b) name and full address of declarant;

c) name and full address of exporter;

d)

the country of origin of the products and the country of consignment;

e) a description of the products as contained in the export certificate;

f)

the quantity of each shipment;

g) date and issue number of the export certificate;

h) date and signature of importer.

The competent authorities may, under the conditions fixed by them, allow the
submission of requests to be transmitted or printed by electronic means. However, all
documents and evidence must be available to the competent authorities of the
Member States. .

4.

Importers shall not be obliged to import the total quantity covered by an import
certificate in a single consignment.

Article 7

The validity of import certificates issued by the authorities of the Member States shall be
subject
to the validity of the export certificates issued by the competent Vietnamese
authorities on the basis of which the import certificates have been issued.

Import certificates shall be issued without discrimination to any importer in the Community
wherever the place of his establishment may be in the Community.

Article 8

Article 9

1.

Import certificate forms and extracts thereof shall be drawn up in duplicate, one
copy, marked “Holder's copy” and bearing the number 1 to be issued to the applicant,
and the other, marked “Copy for the issuing authority” and bearing the number 2, to
be kept by the authority issuing the certificate. For administrative purposes the
competent authorities may add additional copies to form 2.

5

2.

3.

4.

5.

6.

7.

8.

1

Forms shall be printed on white paper free of mechanical pulp, dressed for
writing and weighing between 55 and 65 grams per square metre. Their size
shall be 210 × 297 mm; the type space between the lines shall be 4,24 mm;
(one sixth of an inch); the layout of the forms shall be followed precisely.
Both sides of copy No 1, which is the certificate itself, shall in addition have
a red printed guilloche pattern background so as to reveal any falsification by
mechanical or chemical means.

Member States shall be responsible for having the forms printed. The forms
may also be printed by printers appointed by the Member State in which they
are established. In the latter case, reference to the appointment by the
Member State must appear on each form. Each form shall bear an indication
of the printer's name and address or a mark enabling the printer to be
identified.

At the time of their issue the import certificates or extracts shall be given an
issue number determined by the competent authorities of the Member State.
The import certificate number shall be notified to the Commission
electronically within the integrated network set up under Article 14 of
Council Regulation (EEC) No 3030/93 as last modified by Commission
Regulation (EC) No 1072 of 10 May 19991.

Certificates and extracts shall be completed in the official language, or one of
the official languages, of the Member State of issue.

The marks of the issuing agencies and debiting authorities shall be applied by
means of a stamp. However, an embossing press combined with letters or
figures obtained by means of perforation, or printing on the certificate may
be substituted for the issuing authority's stamp. The issuing authorities shall
use any tamper-proof method to record the quantity allocated in such a way
as to make it impossible to insert figures or references (e.g. *EURO*1,000*).

The reverse of copy No 1 and copy No 2 of the import certificate shall bear a
box in which quantities may be entered, either by the customs authorities
when import formalities are completed, or by the competent administrative
authorities when an extract is issued.

thereof is
If the space set aside for debits on a certificate or extract
insufficient, the competent authorities may attach one or more extension
pages bearing boxes matching those on the reverse of copy No 1 and copy
No 2 of the certificate or extract. The debiting authorities shall so place their
stamp that one half is on the certificate or extract thereof and the other half is
on the extension page. If there is more than one extension page, a further
stamp shall be placed in like manner across each page and the preceding
page.

Commission Regulation (EC) No 1072/1999 of 10 May 1999 amending Annexes I, II, III, V,
VII, VIII and IX to Council Regulation (EEC) No 3030/93 on common rules for imports of
certain textile products from third countries, (OJ L 134, 28.05.1999, page 1).

6

9.

10.

11.

Import certificates and extracts issued, and entries and endorsements made,
by the authorities of one Member State shall have the same legal effect in
each of the other Member States as documents issued, and entries and
endorsements made, by the authorities of such Member States.

The competent authorities of the Member States concerned may, where
indispensable, require the contents of certificates or extracts to be translated
into the official language or one of the official languages of that Member
State.

The import certificate may be issued by electronic means as long as the
customs offices involved have access to this certificate across a computer
network.

Article 10

In the event of theft, loss or destruction of an export certificate, import certificate or a
certificate of origin, the exporter may apply to the competent authority which issued
the document for a duplicate to be made out on the basis of the export documents in
his possession. The duplicate certificate issued in this way shall bear the endorsement
“duplicata” or “duplicate” or “duplicado”.

The duplicate shall bear the date of the original certificate.

Article 11

The competent authorities of the Member States referred to in this Regulation shall be
those mentioned in Article 2 paragraph 7 of Council Regulation (EC) No 520/94 of
7 March 19942 and in Article 2 of Commission Regulation 738/94 of 30 March 19943.

The list of the competent authorities referred to in the above paragraph has been last
published in Annex III to Commission Regulation No 1369/99 of 25 June 19994.

2

3

4

Council Regulation (EC) No 520/94 of 7 March 1994 establishing a Community procedure for
administering quantitative quotas, (OJ L 66, 10.03.1994, page 1).
Commission Regulation (EC) No 738/94 of 30 of March 1994 laying down certain rules for
the implementation of Council Regulation (EC) No 520/94 establishing a Community
procedure for administering quantitative quotas, (OJ L 87, 31.03.1994, page 47).
Commission Regulation (EC) No 1369/1999 of 25 of June 1999 establishing administrative
procedures for the 2000 quantitative quotas for certain products originating in the People’s
Republic of China, (OJ L 162, 26.06.1999, page 35).

7

Article 12

This Regulation shall enter into force on the third day following its publication in the
Official Journal of the European Communities and shall be applicable from 1 January
2000 until the end of the period of application of the Memorandum5.

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

Done at Brussels,

For the Council
The President

5

In case the period of application of the Memorandum is extended in accordance with Article 7
paragraph 2 thereof, a notice will be published by the Commission in the Official Journal of
the European Communities "C" series.

8

ANNEX I

1. Goods consiged from (exporter's business name,

address, country)

2. Goods consigned to (consignee's name, address,

country)

EXPORT CERTIFICATE FOR PRODUCTS UNDER
CHAPTER 64 OF HARMONIZED SYSTEM

ORIGINAL

(Footwear Products)

3. Means of transport and route (as far as known)

4. Issue Number

5. Export year

6. Description of goods

7. Quantity

8. FOB/Contract
value

9. Certification by the competent authority

I, the undersigned, certify that the goods described above originate in Vietnam according to the rules of origin laid down
by the relevant Community legislation.

10. Competent authority (name, full address, country)

At ...........................................On .................................

..................................(signature) .....................(stamp)

9

AppendixAtoAnnex I

Explanatory note concerning item 4 (issue number)

of the Export Certificate

The issue number shall consist of the following elements:

-

-

2 letters identifying Vietnam as follows: VN;

2 letters identifying the Member State foreseen as the country of destination as follows,

AT = Austria

BL = Benelux

DE = Germany

DK = Denmark

EL = Greece

ES = Spain

FI = Finland

FR = France

GB = United Kingdom

IE = Ireland

IT = Italy

PT = Portugal

SE = Sweden

-

-

-

one number indicating the year of issue, for example 9 for 1999;

two numbers, from 01 to 99, indicating the issuing office for the export certificate;

a number with five digits between 50000 and 99999 allocated to the Member States foreseen as the country of
destination

10

ANNEX II

1. Consignee

2. Issue number

(name,fulladdress,country,VATnumber)

3. Proposed place and date of import

4. Declarant/representative as applicable

5. Authority responsible for issue

(nameandfulladdress)

(name,addressandtelephonen°)

6. Description of goods

7. Quantity in supplementary units (pairs)

8.Value in EURO;

(CIFatCommunityfrontier)

9. Additional remarks

10. Endorsement by competent authority

Date: .............................................................

Signature: .....................................................

Stamp

11