Revised explanatory notes concerning Annex III — Definition of the concept of originating products and methods of administrative cooperation — to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part
Date: 2005-03-05
Institutions: European Commission
Subjects: Chile, administrative cooperation, customs regulations, movement certificate, originating product

C 56/36

EN

Official Journal of the European Union

5.3.2005

Revised explanatory notes concerning Annex III — Definition of the concept of originating
products and methods of administrative cooperation — to the Agreement establishing an associa-
tion between the European Community and its Member States, of the one part, and the Republic
of Chile, of the other part

(2005/C 56/05)

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 presentation of a retrospec-
tively-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 background, differs significantly from the model in size or 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 in, except for box 8,

— the movement certificate EUR.1 has not been stamped and signed (i.e. in Box 11),

— the movement certificate EUR.1 is endorsed by a non-authorised authority,

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

— the movement certificate EUR.1 presented is a copy or photocopy rather than the original,

— the entry in Box 5 refers to a country that does not belong to the Agreement (e.g. Israel or Cuba).

Action to be taken:

The document should be marked ‘DOCUMENT NOT ACCEPTED’, stating the reason(s), and then returned to
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 if they have grounds for suspecting fraud.

Article 31 — Refusal of preferential treatment without verification

This covers cases in which the proof of origin is considered inapplicable,
reasons:

inter alia, for the following

— the goods description box (Box 8 on EUR.1) is not filled in or refers to goods other than those

presented;

— the proof of origin has been issued by a country which does not belong to the Agreement even if the
goods originate in the Community or in Chile (e.g. EUR.1 issued in Israel for products originating in
Chile);

— one of the mandatory boxes on the movement certificate EUR.1 bears traces of non-authenticated
erasures or alterations (e.g. the boxes describing the goods or stating the number of packages, the
country of destination or the country of origin);

— the time limit on the movement certificate EUR.1 has expired for reasons other than those covered by
the regulations (e.g. exceptional circumstances), except where the goods were presented before expiry
of the time limit;

— the proof of origin is produced subsequently for goods that were initially imported fraudulently;

— Box 4 on the movement certificate EUR.1 names a country not party to the agreement under which

preferential treatment is being sought.

5.3.2005

EN

Official Journal of the European Union

C 56/37

Action to be taken:

The proof of origin should be marked ‘INAPPLICABLE’ and retained by the customs authorities to which it
was presented in order to prevent any further attempt to use it. Without prejudice to legal actions initiated
according to internal legislation, the customs authorities of the importing country shall inform, where it is
appropriate to do so, the customs or competent governmental authorities of the country of exportation
about the refusal without delay.

Mentions used in the explanatory notes to Articles 17 and 31

CZ

DA

DE

EE

EL

EN

ES

HU

FI

FR

IT

NL

LT

LV

MT

PL

PT

SE

SI

SK

DOKUMENT NEAKCEPTOVÁN

AFVIST DOKUMENT

NEPOUŽITELNÝ

UANVENDELIGT

DOKUMENT NICHT ANGENOMMEN

NICHT ANWENDBAR

DOKUMENTI EI AKTSEPTEERITUD

AKTSEPTEERIMATA

ΑΠΟΡΡΙΠΤΕΤΑΙ

DOCUMENT NOT ACCEPTED

DOCUMENTO RECHAZADO

ΜΗ ΑΠΟ∆ΕΚΤΟ

INAPPLICABLE

INAPLICABLE

NEM ELFOGADOTT OKMÁNY

ALKALMATLAN

ASIAKIRJA HYLÄTTY

DOCUMENT REFUSÉ

DOCUMENTO RESPINTO

EI VOIDA KÄYTTÄÄ

INAPPLICABLE

INAPPLICABILE

DOCUMENT GEWEIGERD

NIET VAN TOEPASSING

DOKUMENTAS NEPRIIMTAS

DOKUMENTS NAV AKCEPTÉTS

DOKUMENT MHUX AĊĊETTAT

NETINKAMAS

NEDERIGS

MHUX APPLIKABBLI

DOKUMENT NIEZAAKCEPTOWANY

NIESTOSOWANY

DOCUMENTO RECUSADO

EJ GODTAGET DOKUMENT

DOKUMENT NI SPREJET

DOKUMENT NEPRIJATÝ

NÃO APLICÁVEL

OANVÄNDBART

NEUSTREZNO

NEPOUŽITEĽNÝ