A PRODUCT IS USUALLY ESTABLISHED BY MEANS OF A CERTIFICATE OF ORIGIN PREPARED AND ISSUED BY AN AUTHORITY OR AGENCY DULY AUTHORISED FOR THIS PURPOSE ; THE CONDITIONS WITH WHICH THE CERTIFICATE IS REQUIRED TO COMPLY , SO THAT IT MAY BE USED AS EVIDENCE , MUST THEREFORE BE SPECIFIED ;
WHEREAS THE CONCEPT OF COMMUNITY ORIGIN SHOULD BE DEFINED , BUT WHERE THE NEEDS OF THE EXPORT TRADE SO REQUIRE , THE CERTIFICATE OF ORIGIN MAY SPECIFY THAT THE GOODS IN QUESTION ORIGINATED IN A PARTICULAR MEMBER STATE ;
WHEREAS UNIFORM APPLICATION OF THE PROVISIONS OF THIS REGULATION SHOULD BE ENSURED AND IT IS ESSENTIAL TO PROVIDE FOR A COMMUNITY PROCEDURE FOR ADOPTING THE NECESSARY IMPLEMENTING PROVISIONS ; WHEREAS , FOR THIS PURPOSE AND WITH THE OBJECT OF ORGANISING CLOSE AND EFFECTIVE CO-OPERATION BETWEEN THE COMMISSION AND THE MEMBER STATES , A COMMITTEE SHOULD BE SET UP ;
WHEREAS THE PROVISIONS OF THIS REGULATION RELATE BOTH TO COMMERCIAL POLICY WITH REGARD TO THIRD COUNTRIES AND TO FREE MOVEMENT OF GOODS WITHIN THE COMMUNITY , AND IN PARTICULAR TO UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF ; WHEREAS , WITH REGARD TO THE LATTER , THE RELEVANT ARTICLES OF THE TREATY DO NOT CONFER ON THE INSTITUTIONS OF THE COMMUNITY THE POWER TO ADOPT BINDING PROVISIONS WITH REGARD TO A COMMON DEFINITION OF THE CONCEPT OF THE ORIGIN OF GOODS ; THE PROVISIONS OF THIS REGULATION MUST THEREFORE ALSO BE BASED ON ARTICLE 235 ;
HAS ADOPTED THIS REGULATION :
ARTICLE 1
THIS REGULATION DEFINES THE CONCEPT OF THE ORIGIN OF GOODS FOR PURPOSES OF :
( A ) THE UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF , OF QUANTITATIVE RESTRICTIONS , AND OF ALL OTHER MEASURES ADOPTED , IN RELATION TO THE IMPORTATION OF GOODS , BY THE COMMUNITY OR BY MEMBER STATES ;
( B ) THE UNIFORM APPLICATION OF ALL MEASURES ADOPTED , IN RELATION TO THE EXPORTATION OF GOODS , BY THE COMMUNITY OR BY MEMBER STATES ;
( C ) THE PREPARATION AND ISSUE OF CERTIFICATES OF ORIGIN .
ARTICLE 2
THE PROVISIONS OF THIS REGULATION SHALL NOT AFFECT THE SPECIAL RULES CONCERNING TRADE BETWEEN THE COMMUNITY OR MEMBER STATES , ON THE ONE HAND , AND THE COUNTRIES TO WHICH THE COMMUNITY OR MEMBER STATES ARE BOUND BY AGREEMENTS WHICH DEROGATE FROM THE MOST-FAVOURED-NATION CLAUSE , ON THE OTHER , AND IN PARTICULAR THOSE ESTABLISHING A CUSTOMS UNION OR A FREE-TRADE AREA .
ARTICLE 3
THIS REGULATION SHALL NOT APPLY TO THE PETROLEUM PRODUCTS LISTED IN ANNEX I . THE CONCEPT OF ORIGIN IN RESPECT OF THOSE PRODUCTS WILL BE DEFINED LATER .
ARTICLE 4
1 . GOODS WHOLLY OBTAINED OR PRODUCED IN ONE COUNTRY SHALL BE CONSIDERED AS ORIGINATING IN THAT COUNTRY .
2 . THE EXPRESSION " GOODS WHOLLY OBTAINED OR PRODUCED IN ONE COUNTRY " MEANS :
( A ) MINERAL PRODUCTS EXTRACTED WITHIN ITS TERRITORY ;
( B ) VEGETABLE PRODUCTS HARVESTED THEREIN ;
( C ) LIVE ANIMALS BORN