Council Regulation (EC) No 1296/2003 of 15 July 2003 on common rules for imports of footwear products originating in Vietnam
Date: 2003-07-15
Institutions: Council of the European Union
Subjects: Viet Nam, footwear industry, import, import licence, originating product

L 183/6

EN

Official Journal of the European Union

22.7.2003

COUNCIL REGULATION (EC) No 1296/2003

of 15 July 2003

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 Com-
munity, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

The common commercial policy must be based on
uniform principles.

The Commission anti-fraud services have found evidence
that consignments of footwear products were imported
into the Community on the basis of fraudulent declara-
tions of Vietnamese origin.

The Community and the Government of Vietnam have
negotiated a Memorandum of Understanding on the
prevention of fraud in trade in 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 (1).

The validity of the Memorandum of Understanding was
originally limited until 31 December 2002 but since the
risk of fraudulent declarations of origin is still prevalent,
the application of the Memorandum of Understanding
has been extended through an Exchange of Letters
between the Community and the Government of the
Socialist Republic of Vietnam (2) for a further period of
two years until 31 December 2004. This Exchange of
Letters, which further provides for the possibility of elec-
tronic export licensing, was initialled on 28 November
2002 and adopted by the Council on 17 March 2003,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation shall apply to all products falling within
Chapter 64 of the Harmonised System/Combined Nomencla-
ture originating in Vietnam and imported into the Community.

Article 2

For the purposes of this Regulation, the following definitions
shall apply:

(a) ‘originating products’ shall be as defined by the relevant
Community rules in force; the methods for verifying the
origin of those products shall be understood accordingly;

(1) OJ L 1, 4.1.2000, p. 13.
(2) OJ L 124, 20.5.2003, p. 34.

(b) ‘competent authorities’ of the Member States shall mean
those designated pursuant to Article 2(7) of Council Regu-
lation (EC) No 520/94 of 7 March 1994 establishing a
quantitative
Community procedure
quotas (3) and as listed in Annex I to Commission Regula-
tion (EC) No 738/94 (4).

administering

for

The list of the competent authorities referred to in point (b) has
been last published in Annex III to Commission Regulation
(EC) No 1369/1999 (5).

Article 3

The release for free circulation in the Community of
the
products referred to in Article 1 shall be subject to the presen-
tation of an import certificate issued by the Member States'
authorities referred to in Article 2(6) in accordance with the
procedure set out in this Regulation.

Article 4

The competent Vietnamese authorities shall

issue an
the products referred to in

1.
export certificate in respect of
Article 1.

The export certificate shall conform to the specimen set

2.
out in the Annex.

3.
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.

The competent authorities of a Member State shall refuse to
issue an import certificate for products which are not covered
by export certificates issued in accordance with the provisions
of this Regulation.

Article 5

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

Article 6

1.
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 surveillance document set out in Annex
I to Council Regulation (EC) No 3285/94 (6).

(3) OJ L 66, 10.3.1994, p. 1. Regulation as last amended by Regulation

(EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(4) OJ L 87, 31.3.1994, p. 47. Regulation as last amended by Regula-

tion (EC) No 983/96 (OJ L 131, 1.6.1996, p. 47).

(5) OJ L 162, 26.6.1999, p. 35.
(6) OJ L 349, 31.12.1994, p. 53.

22.7.2003

EN

Official Journal of the European Union

L 183/7

The authorities of the Member States shall notify the
2.
Commission of the requests for import certificates which they
have received.

However, all documents and evidence shall be made available
to the competent authorities of the Member States.

The Commission shall notify to the authorities of the
3.
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 paragraphs 2 and 3 shall
4.
be communicated electronically within the integrated network
set-up for the SIGL management of the textile licences, unless
for imperative technical reasons it is necessary to use other
means of communication temporarily.

Importers shall not be obliged to import the total quan-

4.
tity covered by an import certificate in a single consignment.

Article 8

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.

Article 7

Article 9

1.
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 shall
take place not later than 30 June of the year following that in
which the goods covered by the certificate were shipped.

Import certificates shall be valid throughout the customs terri-
tory of the Community. Where the Vietnamese authorities have
transmitted the data to the Community by electronic means
this shall be regarded as substituting the requirement
for
presentation of the original export certificate.

2.
The import certificates shall be valid for six months from
the date of their issue, with the possibility of a further exten-
sion of
the
Member State concerned.

three months by the competent authorities of

3.
The request made by the importer to the competent
authorities of the Member States for the purpose of obtaining
the import certificate shall contain:

(a) name of the importer and full address (including any tele-
phone and fax numbers), the identification number regis-
tered with the competent national authorities, and the VAT
registration number, if that importer is liable to pay VAT;

(b) name and full address of declarant;

(c) name and full address of exporter;

(d) country of origin of

the products and the country of

consignment;

(e) description of the products as contained in the export certi-

ficate;

(f) quantity of each shipment;

(g) date and issue number of the export certificate;

(h) signature of importer, and date.

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

Article 10

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 competent authority’ and bearing
the number 2, to be kept by the authority issuing the certifi-
cate. For administrative purposes the competent authorities
may add additional copies to form 2.

square metre. Their

Forms shall be printed on white paper free of mechanical
2.
pulp, dressed for writing and weighing between 55 and 65
grams per
size shall be 210 mm x
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 yellow printed guilloche-pattern back-
ground so as to reveal any falsification by mechanical or
chemical means.

3. 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
4.
extracts shall be given an issue number determined by the
competent authorities of the Member State. The import certifi-
cate number shall be notified to the Commission electronically
within the integrated network set up under Article 14 of
Council Regulation (EEC) No 3030/93 of 12 October 1993 on
common rules for imports of certain textile products from third
countries (1).

The competent authorities may, subject to the conditions laid
down by them, allow requests to be submitted, transmitted or
printed by electronic means.

(1) OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Regula-

tion (EC) No 138/2003 (OJ L 23, 28.1.2003, p. 1).

L 183/8

EN

Official Journal of the European Union

22.7.2003

Certificates and extracts shall be completed in the official
5.
language, or one of the official languages, of the Member State
of issue.

6.
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; in particular, asterisks or similar marks may be used
to fill blank character-spaces (for example: *EUR*1 000*).

7.
If the space set aside for debits on a certificate or extract
thereof is 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 exten-
sion page, a further stamp shall be placed in like manner across
each page and the preceding page.

8.
Import certificates and extracts issued, and entries and
endorsements made, by the authorities of one Member State
shall, in each of the other Member States, have the same legal
effect as documents issued, and entries and endorsements
made, by the authorities of such Member States.

The

competent

States
authorities of
9.
concerned may, where indispensable, require the content of
certificates or extracts to be translated into the official language
or one of the official languages of that Member State.

the Member

The import certificate may be issued by electronic
10.
means as long as the customs offices involved have access to
this certificate via a computer network.

Article 11

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 docu-
ments 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 12

This Regulation shall enter
into force on the third day
following that of its publication in the Official Journal of the
European Union and shall apply to goods shipped after that
date.

It shall cease to apply on 31 December 2004.

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

Done at Brussels, 15 July 2003.

For the Council

The President

G. TREMONTI

22.7.2003

EN

Official Journal of the European Union

L 183/9

ANNEX

L 183/10

EN

Official Journal of the European Union

22.7.2003

Appendix to Annex

Explanatory note concerning item 4 (issue number) of the Export Certificate

The issue number shall consist of the following elements:

— two letters identifying Vietnam as follows: VN

— two letters identifying the Member State foreseen as the country of destination as follows:

AT Austria

BL

Benelux

DE Germany

DK Denmark

EL

ES

FI

FR

Greece

Spain

Finland

France

GB United Kingdom

IE

IT

PT

SE

Ireland

Italy

Portugal

Sweden

— one number indicating the year of issue, for example 3 for 2003;

— 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 State foreseen as the country of desti-

nation.