Proposal for a Council Regulation Amending Regulation 1207/2001 on procedures to facilitate the issue or the making out in the Community of proofs of origin and the issue of certain approved exporter authorisations under the provisions governing preferential trade between the European Community and certain countries
Date: 2007-11-20
Institutions: European Commission
Subjects: EU customs procedure, customs document, customs regulations, movement certificate, originating product, tariff preference

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.11.2007 
COM(2007) 728 final 

2007/0254 (ACC) 

Proposal for a 

COUNCIL REGULATION 

Amending Regulation 1207/2001 on procedures to facilitate the issue or the making out 
in the Community of proofs of origin and the issue of certain approved exporter 
authorisations under the provisions governing preferential trade between the European 
Community and certain countries 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

Council Regulation (EC) 1207/2001 lays down the provisions and procedures allowing 
the suppliers to indicate the origin of the products supplied to exporters, on the basis of 
which the exporters are able to issue proofs of origin correctly. In order to ensure that 
the  non-originating  materials  used  in  the  Community  to  manufacture  a  Community 
originating product are properly identified, Annexes III and IV should be amended.  

120 

•  General context 

The  proposed  amendments  reflects  a  practical  difficulty,  which  arose  in  one  of  the 
Member States, when it was necessary to indicate the non-originating materials on the 
supplier's  declaration  along  with  the  originating  ones  and  there  was  no  possibility  to 
indicate  in  the  meaning  of  which  free  trade  agreement  the  originating  status  of  the 
products should be considered. A reference to the cumulation applied with any of the 
Pan-Euro-Med partners was also missing in Annexes III and IV. 

130 

•  Existing provisions in the area of the proposal 

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. 

Council  Regulation  (EC)  No  1617/2006  of  24  October  2006  amending  Regulation 
(EC) No 1207/2001 as regards the consequences of the introduction of the system of 
pan-Euro-Mediterranean cumulation of origin . 

Corrigendum  to  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. 

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•  Consistency with the other policies and objectives of the Union 

Not applicable. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

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Not relevant. 

•  Collection and use of expertise 

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229 

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305 

310 

329 

331 

341 

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409 

510 

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There was no need for external expertise. 

•  Impact assessment 

The amendment proposed are legal instruments necessary for the correct application of 
the  suppliers'  declarations  in  the  Community  and  consequently  ensuring  that  the 
preferential proofs of origin are issued in the Community in a correct way. 

If the amendment proposed is not introduced, the practical difficulties of some traders 
will continue and the issuing of preferential proofs of origin can be disturbed. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

To  introduce  an  amendment  which  ensures  a  correct  use  of  preferential  proofs  of 
origin. 

•  Legal basis 

Article 133 EC 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

The  measure  proposed  is  necessary  and  adequate  for  the  correct  issue  of  preferential 
proofs of origin in the Community. 

•  Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason(s). 

The proposal concerns the amendment of an existing instrument. 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Simplification 

Not applicable. 

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520 

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•  Repeal of existing legislation 

Not applicable. 

•  European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 

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2007/0254 (ACC) 

Proposal for a 

COUNCIL REGULATION 

Amending Regulation 1207/2001 on procedures to facilitate the issue or the making out 
in the Community of proofs of origin and the issue of certain approved exporter 
authorisations under the provisions governing preferential trade between the European 
Community and certain countries 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

Council Regulation (EC) No 1207/2001 of 11 June 2001 on procedures to facilitate the 
issue or the making out in the Community of proofs of origin and the issue of certain 
approved  exporter  authorisations  under  the  provisions  governing  preferential  trade 
between  the  European  Community  and  certain  countries2,  lays  down  provisions  to 
support  the  correct  issue  or  making  out  of  proofs  of  origin  in  relation  to  exports  of 
products  from  the  Community  in  the  context  of  its  preferential  trade  relations  with 
certain third countries. 

(2) 

Annexes III and IV of the Regulation 1207/2001 should be amended in order to ensure 
a correct indication of origin of materials used in the manufacture in the Community 
of originating products. 

(3) 

Regulation (EC) 1207/2001 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 1207/2001 is amended as follows: 

1. Annex III is replaced by the text in Annex I to this Regulation. 

1 
2 

OJ C , , p. . 
OJ L 165, 21.6.2001, p. 1 as amended by Regulation (EC) No 1617/2006 (OJ L 300, 31.10.2006, p. 5). 

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2. Annex IV is replaced by the text in Annex II to this Regulation. 

Supplier's declarations for products not having preferential origin status made before the date 
of entry into force of this Regulation shall remain valid. 

Article 2 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 3 

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

Done at Brussels,  

For the Council 
The President 

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ANNEX I 

ANNEX III 

Supplier's declaration for products not having preferential origin status 

The supplier's declaration, the text of which is given below, must be made out in accordance 
with the footnotes. However, the footnotes do not have to be reproduced. 

DECLARATION 

I, the undersigned, supplier of the goods covered by the annexed document, declare that: 

The following materials which do not have a preferential originating status have been 

1. 
used in the Community to produce these goods: 

Description of goods 
supplied 1 

Description of 
non-originating 
materials used 

HS heading of non-originating 
materials used 2 

Value of non-originating 
materials used 3 

All the other materials used in the Community to produce these goods originate in … 

2. 
… …4 and satisfy the rules of origin governing preferential trade with ….. 5, and  

Total: 

I declare that: 6 

(cid:133) 

(cid:133) 

Cumulation applied with ……..(name of the country/countries)  

No cumulation applied  

I  undertake  to  make  available  to  the  customs  authorities  any  further  supporting  documents 
they require 

....................................7 

....................................8 

....................................9 

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1 

When the invoice, delivery note or other commercial document to which the declaration is annexed relates to a variety of goods, 

or goods not incorporating the same proportion of non-originating materials, the supplier must clearly differentiate between them. 

Example: 

The  document  covers  different  models  of  electric  motor  of  heading  8501  to  be  used  in  the  manufacture  of  washing  machines  of  heading 

8450.  The  nature  and  value  of  the  non-originating  materials  used  in  the  manufacture  of  the  motors  vary  from  one  model  to  another.  The 

models must be listed separately in column 1 and the information in the other columns must be given for each, so that the manufacturer of 

the washing machines can correctly assess the originating status of each of his products depending on the type of motor it incorporates. 

To be completed only where relevant. 

2 

Example: 

The rule for garments of ex Chapter 62 allows the use of non-originating yarn. Thus if a French garment manufacturer uses fabric woven in 

Portugal  from  non-originating  yarn,  the  Portuguese  supplier  need  only  enter  "yarn"  as  non-originating  materials  in  column  2  of  his 

declaration, - the HS heading and value of the yarn are irrelevant. 

A  firm  manufacturing  wire  of  HS  heading  7217  from  non-originating  iron  bars  must  enter  "iron  bars"  in  column  2.  If  the  wire  is  to  be 

incorporated in a machine for which the rule of origin sets a percentage limit on the value of non-originating materials used, the value of the 

bars must be entered in column 4. 

"Value" means the customs value of the materials at the time of import or, if this is not known and cannot be ascertained, the first 

3 
ascertainable price paid for the materials in the Community. 

For each type of non-originating material used, specify the exact value per unit of the goods shown in column 1. 

4 

5 

The Community, country, group of countries or territory from which the materials originate. 

Country, group of countries or territory concerned. 

To  be  completed  where  necessary,  only  for  goods  having  preferential  originating  status  in  the  context  of  preferential  trade 

6 
relations  with  on  of  the  countries  referred  to  in  Articles  3  and  4  of  the  relevant  origin  protocol,  with  which  pan-Euro-Mediterranean 

cumulation of origin is applicable. 

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Place and date. 

Name and function, name and address of company. 

Signature. 

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ANNEX II 

ANNEX IV 

Long-term supplier's declaration for products not having preferential origin status 

The supplier's declaration, the text of which is given below, must be made out in accordance 
with the footnotes. However, the footnotes do not have to be reproduced. 

DECLARATION 

I, the undersigned, supplier of the goods covered by this document, which are regularly sent 
to ...........1, declare that: 

The following materials which do not have a preferential originating status have been 

1. 
used in the Community to produce these goods: 

Description  of  goods 
supplied 2 

Description 
non-originating 
materials used 

of 

HS  heading  of 
non-originating 
materials used 3 

Value 
non-originating 
materials used 4 

of 

All the other materials used in the Community to produce these goods originate in … 

2. 
… … 5 and satisfy the rules of origin governing preferential trade with ….. 6, and  

Total: 

I declare that:7 

(cid:133) 

(cid:133) 

Cumulation applied with ……..(name of the country/countries)  

No cumulation applied  

This declaration is valid for all further shipments of these products dispatched from .……...... 
to....................8. 

I undertake to inform ............................................. immediately if this declaration is no longer 
valid. 

I  undertake  to  make  available  to  the  customs  authorities  any  further  supporting  documents 
they require. 

....................................9 

....................................10 

....................................11. 

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1 

2 

Customer's name and address. 

When the invoice, delivery note or other commercial document to which the declaration is annexed relates to a variety of goods, 

or goods not incorporating the same proportion of non-originating materials, the supplier must clearly differentiate between them. 

Example: 

The  document  covers  different  models  of  electric  motor  of  heading  8501  to  be  used  in  the  manufacture  of  washing  machines  of  heading 

8450.  The  nature  and  value  of  the  non-originating  materials  used  in  the  manufacture  of  the  motors  vary  from  one  model  to  another.  The 

models must be listed separately in column 1 and the information in the other columns must be given for each, so that the manufacturer of 

the washing machines can correctly assess the originating status of each of his products depending on the type of motor it incorporates. 

To be completed only where relevant. 

3 

Example: 

The rule for garments of ex Chapter 62 allows the use of non-originating yarn. Thus if a French garment manufacturer uses fabric woven in 

Portugal  from  non-originating  yarn,  the  Portuguese  supplier  need  only  enter  "yarn"  as  non-originating  materials  in  column  2  of  his 

declaration, - the HS heading and value of the yarn are irrelevant. 

A  firm  manufacturing  wire  of  HS  heading  7217  from  non-originating  iron  bars  must  enter  "iron  bars"  in  column  2.  If  the  wire  is  to  be 

incorporated in a machine for which the rule of origin sets a percentage limit on the value of non-originating materials used, the value of the 

bars must be entered in column 4. 

"Value" means the customs value of the materials at the time of import or, if this is not known and cannot be ascertained, the first 

4 
ascertainable price paid for the materials in the Community. 

For each type of non-originating material used, specify the exact value per unit of the goods shown in column 1. 

5 

6 

The Community, country, group of countries or territory from which the materials originate. 

Country, group of countries or territory concerned. 

To  be  completed  where  necessary,  only  for  goods  having  preferential  originating  status  in  the  context  of  preferential  trade 

7 
relations  with  on  of  the  countries  referred  to  in  Articles  3  and  4  of  the  relevant  origin  protocol,  with  which  pan-Euro-Mediterranean 

cumulation of origin is applicable. 

8 

9 

10 

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Give the dates. The period should not exceed 12 months. 

Place and date. 

Name and function, name and address of company. 

Signature. 

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