Explanatory notes concerning Annex III of the EC-Mexico Agreement (Decision 2/2000 of the EC-Mexico Joint Council)
Date: 2001-04-28
Institutions: European Commission
Subjects: Mexico, agreement (EU), customs regulations, export, movement certificate

28.4.2001

EN

Official Journal of the European Communities

C 128/9

Explanatory notes concerning Annex III of the EC-Mexico Agreement (Decision 2/2000 of the
EC-Mexico Joint Council)

(2001/C 128/10)

Article 16. Documents
certificate EUR.1

accompanying

a movement

An invoice relating to goods exported under preference from
the parties and accompanying a
the territory of one of
movement certificate EUR.1 can be made out
in a third
country.

Article 16. Description of goods on movement certificate
EUR.1

Cases of large consignments or generic description of goods

the goods is insufficient

When the box on the movement certificate EUR.1, provided for
the description of
to specify the
necessary particulars for identifying the goods, particularly in
the case of large consignments, the exporter may specify the
goods to which the certificate relates on attached invoices of
the goods and, if necessary, additional commercial documents
on condition that:

(a) the invoices numbers are shown in boxes 8 or 10 of the

movement certificate EUR.1;

(b) the invoices and, where relevant, additional commercial
documents are firmly attached to the certificate prior to
presentation to customs or the competent governmental
authority; and

invoice

stamped the

the certificate, a copy of

(c) the customs authorities or the competent governmental
authority have
and additional
commercial documents officially attaching them to the
certificates. The customs authorities or
the competent
governmental authorities must keep with the application
the invoice and additional
of
commercial documents. Example: The stamp appears in
box 11 and also on the first page of
the invoice and,
where appropriate, on any other commercial document,
or the stamp appears in box 11 and the other stamp is
in the back of the certificate covering the certificate and the
first page of the invoice at the same time.

The procedure explained above also applies in cases where a
generic description is given in box 8 (e.g. parts of motorcycles)
and a detailed description (such as seats, tyres, frames, etc.)
appears on the invoice.

When the invoice relates to originating and non-originating
goods, the exporter must identify which goods are originating
and which ones are not in the invoice in a precise way so as to
avoid any misunderstanding.

Article 16. Goods exported by the customs clearance
agent

A customs clearance agent may be allowed to act as the auth-
orised representative of the person who is the owner of the

goods or has a similar right of disposal over them, even in
cases where the person is not situated in the exporting country,
as long as the agent is in a position to prove the originating
status of the goods.

Article 17. Technical reasons

A movement certificate EUR.1 may be rejected for technical
reasons because it was not made out in the prescribed manner.
These are the cases which may give rise to subsequent presen-
tation of
the retrospectively endorsed certificate and they
include, by way of example, the following:

(cid:151) the movement certificate EUR.1 has been made out on a
form other than the prescribed one (e.g. no guilloche back-
ground, differs significantly from the model
in size or
colour, no serial number, not printed in one of the officially
prescribed languages),

(cid:151) one of the mandatory boxes (e.g. box 4 on the EUR.1) has

not been filled,

(cid:151) tariff classification of the good at least at a heading (4-digit
is not included in box 8, or in the invoice
code)
level
concerned for
above
paragraph on (cid:145)description of goods on a movement
certificate EUR.1(cid:146),

referred to in the

cases

the

(cid:151) the movement certificate EUR.1 has not been stamped or

signed (i.e. in box 11),

(cid:151) the movement certificate EUR.1 is endorsed by a non-auth-

orised authority,

(cid:151) the stamp used is one which has not been notified,

(cid:151) the movement certificate EUR.1 presented is a copy or

photocopy rather than the original,

(cid:151) the entry in boxes 2 or 5 refers to a country that does not

belong to the agreement,

(cid:151) the date set out in box 11 is prior to the date indicated in

box 12.

Action to be taken

the official

languages of

The document should be marked (cid:145)Document not accepted(cid:146) in
one of
the agreement, stating the
reason(s) either on the certificate or on another document
made out by the customs authorities. The certificate and
is then returned to
where appropriate, the other document,
the importer in order to enable him to get a new document
issued retrospectively. The customs authorities, however, may
keep a photocopy of the rejected document for the purposes of
post-clearance verification or
for
suspecting fraud.

they have grounds

if

C 128/10

EN

Official Journal of the European Communities

28.4.2001

Article 20. Application of
invoice declaration

the provisions concerning

Invoice declarations have to be made out by an exporter estab-
lished in the territory of one of the parties. If the invoice is
made out in a third country, the invoice declaration can appear
on any other commercial document (1) issued in the territory of
the exporting party, which describes the products concerned in
sufficient detail to enable them to be identified as originating in
accordance with Annex III. In such a case the exporter of the
goods must be identified on the document on which the
declaration of origin is made out.

Furthermore, the following guidelines shall apply:

(a) the wording of

in
accordance with the wording set out in Appendix IV of
Annex III of the Decision;

invoice declaration shall be

the

(b) the indication of non-originating products and therefore
products which are not covered by the invoice declaration
should not be made on the declaration itself. However, this
indication should appear on the invoice in a precise way so
as to avoid any misunderstandings;

(1) Such commercial documents are for instance the bill of lading or

the packing list which accompany the goods.

(c) declarations made on carbon-copied or photocopied
invoices are acceptable provided such declarations bear
the signature of the exporter under the same conditions
as the original. Approved exporters who are authorised
not to sign invoice declarations are not required to sign
invoice declarations made on carbon-copied or photocopied
invoices;

(d) an invoice declaration on the reverse of

the invoice is

acceptable;

(e) the invoice declaration may be made out on a separate
sheet of the invoice provided that the sheet is obviously
part of the invoice. A complementary form may not be
used;

(f) an invoice declaration made out on a label which is
acceptable
to the
subsequently
provided there is no doubt that the label has been affixed
by the exporter. For example the exporter’s stamp or
signature should cover both the label and the invoice;

attached

invoice

is

(g) notwithstanding the explanatory note to Article 16 (goods
exported by
customs
clearance agents cannot be granted approved exporter
status.

clearance

customs

agent),

the

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2001/C 128/11)

Date of adoption of the decision: 20.3.2001

Member State: Italy (Toscana)

Aid No: N 523/98

Title: Regulation of rural and agricultural development services

Objective: To subsidise activities of R & D experimentation,
technical assistance, consultancy, dissemination of information,
and promotion, within the context of programmes of (cid:145)Agri-
cultural development services(cid:146)

Legal basis: Legge regionale n. 37/2000: Disciplina dei servizi
di sviluppo agricolo e rurale

Budget: Approximatehy ITL 10 billion (approximatehy EUR 5
million) for the first three years

Aid intensity or amount:

(cid:151) Aids for research and development: up to 75 %

(cid:151) Aids for the provision of technical support in the agri-
cultural sector: within the maximum aid rate (no more
than EUR 100 000 per beneficiary over any three-year
period, or,
in the case of aid granted to undertakings
falling within the scope of the Commission definition of
small and medium-sized enterprises (1), 50 % of the eligible
costs, whichever is greater)

Duration: Indefinite

Other information: The scheme will be implemented in
accordance with the undertakings of the competent authorities
contained
dated 16.3.1999, 29.7.1999,
21.12.1999, 16.6.2000 and 11.1.2000

in their

letters

The authentic text(s) of the decision, from which all confi-
dential information has been removed, can be found at

http://europa.eu.int/comm/secretariat_general/sgb/state_aids

(1) OJ L 107, 30.4.1996, p. 4.

(cid:151) Aids

for promotion and advertising of
products: within the maximum aid rate
promotion and 50 % for advertising)

agricultural
(100 % for

Date of adoption of the decision: 23.3.2001

Member State: Spain (Castile-La Mancha)