Council Regulation (EC) No 1207/2001 of 11 June 2001 on procedures to facilitate the issue of movement certificates EUR.1, the making-out of invoice declarations and forms EUR.2 and the issue of certain approved exporter authorisations under the provisions governing preferential trade between the European Community and certain countries and repealing Regulation (EEC) No 3351/83
Date: 2001-06-11
Institutions: Council of the European Union
Subjects: EU customs procedure, customs document, invoicing, movement certificate, originating product, tariff preference

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1207/2001

of 11 June 2001

on procedures to facilitate the issue of movement certificates EUR.1, the making-out of invoice
declarations and forms EUR.2 and the issue of certain approved exporter authorisations under the
provisions governing preferential trade between the European Community and certain countries
and repealing Regulation (EEC) No 3351/83

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

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

Having regard to the proposal from the Commission,

Whereas:

Council Regulation (EEC) No 3351/83 of 14 November
1983 on the procedure to facilitate the issue of move-
ment certificates EUR.1 and the making-out of forms
EUR.2 under the provisions governing preferential trade
between the European Economic Community and
certain countries (1) provided for the correct application
of the preferential origin rules in relation to exports
from the Community to certain third countries.

Article 1

Scope

This Regulation lays down rules intended to facilitate:

(a) the issue of movement certificates EUR.1 by Member States
authorities, the making-out of invoice declarations or forms
EUR.2 by Community exporters;

(b) the issue of approved-exporter authorisations valid in

several Member States;

(c) the functioning of the methods of administrative coopera-

tion between the Member States.

Many changes have taken place in the customs field
since Regulation (EEC) No 3351/83 was adopted.

Supplier's declarations and their use

Article 2

In the context of the single market, it has been found
that firms exporting goods from one or more Member
States other than the one in which they are established
and wishing to use simplified procedures for the issue of
proof of origin, sometimes have to apply for a separate
It is
authorisation for each Member State of export.
desirable to simplify this situation, while ensuring that
the machinery of
the preferential arrangements can
continue to operate properly.

responsible for

The authorities
issuing or verifying
proofs of origin should be in a position to fulfil the
Community's commitments under the preferential agree-
ments within the requisite deadlines.

(5)

In the interests of clarity, Regulation (EEC) No 3351/83
should be repealed and replaced by this Regulation,

(1) OJ L 339, 5.12.1983, p. 19.

1.
Suppliers shall provide, by means of a declaration, infor-
mation concerning the status of products with regard to the
Community's preferential rules of origin.

2.
Supplier's declarations shall be used by exporters as
evidence, in particular in support of applications for the issue
of movement certificates EUR.1 or as a basis for making out
invoice declarations or forms EUR.2.

Article 3

Making of supplier's declarations

Except in the cases provided for in Article 4, the supplier shall
furnish a separate declaration for each consignment of goods.

The supplier shall include that declaration on the commercial
invoice relating to that consignment or on a delivery note or
any other commercial document which describes the goods
concerned in sufficient detail to enable them to be identified.

(1)

(2)

(3)

(4)

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The supplier may furnish the declaration at any time, even after
the goods have been delivered.

submitted to them by the suppliers, indicating whether or not
the declaration given by the supplier was correct.

Article 4

Long-term supplier's declarations

1. When a supplier regularly supplies a particular customer
with goods whose status in respect of the rules of preferential
origin is expected to remain constant for considerable periods
of time, he may provide a single declaration to cover subse-
quent shipments of those goods, hereinafter referred to as ‘a
long-term supplier's declaration’. A long-term supplier's
declaration may be issued for a period of up to one year from
the date of issue of the declaration.

2.
A long-term supplier's declaration may be issued with
retroactive effect. In such cases, its validity may not exceed the
period of one year from the date on which it came into effect.

3.
The supplier shall inform the buyer immediately when
the long-term supplier's declaration is no longer valid in rela-
tion to the goods supplied.

Article 5

Form and making-out of supplier's declarations

1.
For products having obtained preferential originating
status, the supplier's declaration shall be given in the form
prescribed in Annex I or, for long-term suppliers' declarations,
in that prescribed in Annex II.

2.
For products which have undergone working or
processing in the Community without having obtained prefer-
ential originating status,
the supplier's declaration shall be
given in the form prescribed in Annex III or, for long-term
supplier's declarations,

in that prescribed in Annex IV.

3.
The supplier's declaration shall bear the original signature
of the supplier in manuscript and may be made out on a
pre-printed form. However, where the invoice and supplier's
declaration are drawn up by computer, the declaration need
not be signed in manuscript provided that the supplier gives
the client a written undertaking accepting complete responsi-
bility for every supplier's declaration which identifies him as if
it had been signed in manuscript by him.

The completed certificate shall be given to the supplier to
transmission to the relevant

for

4.
forward to the exporter
customs authority.

Article 7

Preservation of declarations and supporting documents

1.
A supplier who makes out a supplier's declaration shall
keep all the documentary evidence proving the correctness of
the declaration for at least three years.

2.
A customs authority to which an application for the issue
of an information certificate INF 4 has been made shall keep
the application form for at least three years.

Article 8

Approved-exporter authorisation

An exporter who frequently exports goods

1.
from a
Member State other than the one in which he is established
may obtain approved exporter status covering such exports.

that purpose, he shall submit an application to the
For
competent customs authorities of the Member State in which
he is both established and keeps the records containing the
evidence of origin.

2. When the authorities referred to in paragraph 1 are satis-
fied that the conditions set out in the origin Protocols to the
relevant Agreements or
legislation
concerning the autonomous preferential regimes are fulfilled,
and issue the authorisation,
they shall notify the Customs
administrations of the Member States concerned.

in the Community

Article 9

Mutual administrative assistance

The Member States' customs authorities shall assist each other
in checking the accuracy of the information given in suppliers'
the system of approved
declarations and in ensuring that
exporter authorisations operates correctly.

Article 6

Article 10

Information certificates INF 4

Checking supplier's declarations

1.
To verify the accuracy or authenticity of a supplier's
declaration, the customs authorities may call upon on the
exporter to obtain from the supplier an information certificate
INF 4, using the form shown in Annex V.

2.
The information certificate INF 4 shall be issued by the
customs authorities of the Member State in which the supplier
is established. The said authorities shall have the right to call
for any evidence and to carry out any inspection of the suppli-
er's accounts or any other check that they consider necessary.

3.
The customs authorities shall issue the information certif-
icate INF 4 within three months of receipt of the application

1. Where an exporter is unable to present an information
certificate INF 4 within four months of the request of the
customs authorities, the customs authorities of the Member
State of export may directly ask the authorities of the Member
State where the supplier is established to confirm the status of
the products concerned in respect of the rules of preferential
origin.

2.
For the purposes of paragraph 1, the customs authorities
of the Member State of export shall send the customs authori-
ties of the Member State to whom the request is addressed all
information available to them and give the reasons of form or
substance for their enquiry.

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In support of their request, they shall provide all documents or
information they have obtained which suggest that the suppli-
er's declaration is inaccurate.

3.
The verification shall be carried out by the customs
authorities of the Member State in which the supplier's declara-
tion has been issued. The authorities in question may call for
any evidence, carry out any inspection of
the producer's
accounts or conduct any other verification considered appro-
priate.

4.
The customs authorities requesting the verification shall
be informed of the results as soon as possible by means of the
information certificate INF 4.

5. Where there is no reply within five months of the date of
the verification request or where the reply does not contain
sufficient information to demonstrate the real origin of the
products, the customs authorities of the country of export shall
declare invalid the EUR.1 movement certificates issued, the
invoice declarations or the EUR.2 forms made out on the basis
of the documents in question.

Article 12

Transitional provisions

Supplier's declarations,

including long-term suppliers'
1.
declarations made before the date of entry into force of this
Regulation shall remain valid.

2.
Supplier's declarations conforming to the specimens in
Regulation (EEC) No 3351/83 may continue to be issued for a
period of 12 months from the entry into force of this Regula-
tion.

Information certificate INF 4 forms of the type shown in
3.
Annex V to Regulation (EEC) No 3351/83 may continue to be
used for a period of 12 months from the date of entry into
force of this Regulation.

Article 11

Repeal

Article 13

Entry into force

Regulation (EEC) No 3351/83 is hereby repealed.

References to the repealed Regulation shall be construed as
references being made to this Regulation.

This Regulation shall enter
into force on the 20th day
following that of its publication in the Official Journal of the
European Communities.

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

Done at Luxembourg, 11 June 2001.

For the Council

The President

M. SAHLIN

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ANNEX I

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ANNEX II

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ANNEX III

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ANNEX IV

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Information certificate INF 4 and application for an information certificate INF 4

ANNEX V

1.

PRINTING INSTRUCTIONS

1.1. The form on which the information certificate INF 4 is issued shall be printed on white paper not containing

mechanical pulp, sized for writing and weighing between 40 and 65 grams per square metre.

1.2. The form shall measure 210 × 297 mm.

1.3. Printing of the forms is the responsibility of the Member States; forms shall bear a serial number by which it can be

identified. The form shall be printed in one of the official

languages of the Community.

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Notes

1.

Certificates must not contain erasures or overwriting. Any alterations must be made by deleting the incorrect
particulars and adding any necessary corrections. Any such alteration must be initialled by the person who
completed the certificate and endorsed by the customs authorities of the issuing country or territory.

2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item
number. A horizontal line must be drawn immediately below the last item. Any unused space must be struck
through in such a manner as to make any later additions impossible.

3. Goods must be described in accordance with commercial practice and in sufficient detail to enable them to be

identified.

4.

The form shall be completed in one of the official languages of the Community. The Customs authorities of the
Member State which must provide the information or which requires it may request a translation of the information
set out in the documents presented to them into the official

language or languages of that Member State.

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