Explanatory note concerning Annex III of the EU-Mexico Agreement (Decision 2/2000 of the EU-Mexico Joint Council)
Date: 2004-02-14
Institutions: European Commission
Subjects: Mexico, agreement (EU), movement certificate

C 40/2

EN

Official Journal of the European Union

14.2.2004

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

(2004/C 40/02)

Article 17. Technical reasons

1.
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
presentation of the retrospectively endorsed certificate and they
include, by way of example, the following:

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

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

not been filled,

— tariff classification of the goods at least at a heading (4
digits code) level (1) is not included in box 8, or in the
invoice concerned for the cases referred to in the above
paragraph on ‘description of goods on a movement
certificate EUR.1’,

— the movement certificate EUR.1 has not been stamped or

signed (i.e. in box 11),

— the movement certificate EUR.1 is endorsed by a non-auth-

orised authority,

— the stamp used is one which has not been notified,

— the movement certificate EUR.1 presented is a copy or

photocopy rather than the original,

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

Notwithstanding the procedure indicated above, a customs
clearance agent or an importer who identifies in the certificate
any of the cases specifically listed above or the non-compliance
of the requirements established by subparagraph (a) or (c) of
the explanatory note relating to Article 16 (Description of
goods on movement certificate EUR.1), may return the
certificate to the exporter who completed it
to
enable him to add the necessary corrections and have them
endorsed by the customs office or the competent governmental
authority, in accordance with Note 1 of Appendix III. If it is
considered necessary by the customs office, or the competent
governmental authority, of
the exporting country, a new
certificate may be made out in substitution of the certificate
returned for correction.

in order

If none of the abovementioned cases has been identified by the
customs clearance agent or
the movement
certificate EUR.1 is then suitable for presentation to the
customs authorities of the importing country.

the importer,

Notwithstanding paragraph 1, minor errors, discrepancies
2.
or omissions in the completion of a movement certificate
EUR.1, shall not be considered as technical reasons justifying
impede the acquisition and
its rejection, as they do not
information contained in the
appreciation of
proof of origin.

the relevant

— the entry in box 2 or 5 refers to a country that does not

belong to the Agreement,

By way of example, the following cases shall not be considered
as technical reasons for rejection as indicated in paragraph 1:

— the date set out in box 11 is prior to the date indicated in

box 12.

— typing errors, when there is no doubt about the correctness
of the information provided in one or more boxes of a
movement certificate EUR.1,

Action to be taken

The document should be marked ‘Document not accepted’ in
one of the official
languages 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 information provided exceeds the space available of any

individual box,

(1) Accordingly, the proof of origin may legitimately contain a more

specific tariff classification of the good.

— one or more boxes are filled using a stamp, provided that
all required information is included (e.g. signatures shall be
hand-written),

14.2.2004

EN

Official Journal of the European Union

C 40/3

— in the case of goods originating in the Community, boxes 2

and/or 4 include the mention of:

— only the Community (1), or

— both a Member State and the Community (1),

— the optional boxes 3, 6, 7 and 10 are not filled,

(1) Any other term referring unequivocally to the Community may also
be used such as, inter alia, the European Community, the European
Union or an abbreviated form like for example EC, EU, etc.

— the unit measure used in box 9 does not correspond to the
unit measure indicated in the corresponding invoice (for
example: kilos in the movement certificate EUR.1 and
square meters in the invoice),

— there is no information on the export document, as referred
to in box 11, where the regulations of
the exporting
country or territory do not require the inclusion of such
information,

— the date of issue of the movement certificate EUR.1 does
not appear on the prescribed line of box 11, but it is
however clearly indicated in that box (for example as part
of the official stamp used by the competent authorities to
endorse the certificate).

Prior notification of a concentration

(Case COMP/M.3365 — Vidacaixa/Santander Central Hispano Previsión)

(2004/C 40/03)

(Text with EEA relevance)

1.
On 9 February 2004 the Commission received a notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No
1310/97 (2), by which the Spanish undertaking Vidacaixa, Sociedad Anónima de Seguros y Reaseguros
(‘Vidacaixa’), belonging to Grupo Caifor (Spain) and ultimately controlled by Grupo La Caixa (Spain) and
Fortis Group (Belgium and The Netherlands), acquires, within the meaning of Article 3(1)(b) of the
Regulation, control of the whole of the Spain-based undertaking Santander Central Hispano Previsión,
Sociedad Anónima de Seguros y Reaseguros (‘SCH Previsión’), belonging to Banco Santander Central
Hispano, SA (Spain), by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— Vidacaixa: insurance activities,

— SCH Previsión: insurance activities.

On preliminary examination, the Commission finds that the notified concentration could fall within

3.
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference
COMP/M.3365 — Vidacaixa/Santander Central Hispano Previsión, to:

European Commission,
Directorate-General for Competition,
Merger Registry,
J-70,
B-1049 Brussels.

(1) OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.