CELEX: 51973PC2115
Language: en
Date: 1973-12-20
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL on the application of the recommendation No 1/73 laying down the methods of administrative cooperation in the customs field for the purpose of implementing the said Agreement between the European Economic Community and the Republic of Cyprus (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 2115
Vol. 1973/0381
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(73)2115 final
                                                       Brussels , . 20 December 197 ^
                               PROPOSAL FOR A
                     REGULATION (EEC) OP THE COUNCIL
   on the application of the recommendation No l/73 laying down the
  methods of administrative cooperation in the customs field for the
         purpose of implementing the said Agreement between the           >
         "European Economic Community and the Republic of Cyprus
               ( submitted to the Council "by the Commission )
COM(73 ) 2115 final
 ---pagebreak---                               EXPLANATORY NOTE
        The Association Council set up under the Agreement between the
European Economic Community and Cyprus signed at Brussels on 19 December
1972 and which entered into force on 1 June 1973 » has adopted during its
meeting of 26 November 1973 "the recommendation No 1/73 laying down the
methods of administrative cooperation in the customs field for the purpose
of implementing the - said Agreement .
        This recommendation must be implemented in the Community .
        This Regulation effects this .
 ---pagebreak---                         PROPOSAL TOR A
                REGULATION (EEC ) OP THE COUNCIL
         on the application of the recommendation No 1/ 73 laying
      down the methods of administrative cooperation in the customs
    field for the purpose of implementing the said Agreement between
       the European Economic Community and the Republic of Cyprus
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ;
Having regard to the proposal from the Commission ;
Whereas an Agreement ( l ) between the European Economic Community and the
Republic of Cyprus was signed on 19 December 1972 , and entered into fprce
on 1 June 1973 ;
Whereas pursuant to Article 17 ( 2 ) of Protocol No 3 concerning the definition
of the concept of "originating products" and methods of administrative coope­
ration which is an integral part of the Agreement , the Association Council
adopted the recommendation No l/73 laying down the methods of administrative
cooperation in the customs field for the purpose of implementing the said
Agreement ;
Whereas it is necessary to apply this recommendation in the Community ;
( 1 ) OJ No L 133 , 21 May 1973 , p. 1 and 88
 ---pagebreak---   HAS ADOPTED THIS REGULATION :
                                   Article 1
        For the purpose of implementing the Agreement between the European
• Eoonomic Community and. the Republic of Cyprus , the provisions of the recoj
  mendation No l/73 of the Association Council of 26 November 1973 concernit
  the methods of administrative cooperation in the customs field annexed to
  this Regulation , shall apply in the Community .
                                   Article 2
        This Regulation shall enter into force on the third day following it
  publication in the Official Journal of the European Communities .
        This Regulation shall be binding in its entirety and directly
        applicable in all Member States .
                                                      Done at Brussels ,
                                                      For the Council
                                                       The President
 ---pagebreak---                                RECOi:KENDATION No 1 /73
                      OF THE EEC- CYPRUS ASSOCIATION COUNCIL
             laying down the methods of administrative co-operation
            in the customs field for the purpose of implementing the
               Agreement between the European Economic Community
                           and the Republic of Cyprus
                            ,,         H
      THE ASSOCIATION COUNCIL ,
      Having regard to the Agreement between the European Economic
      Community and the Republic of Cyprus , signed in Brussels on
s      19 December 1972 :
  \
      Having regard to the Protocol on the; definition of the concept
      of " originating products " and methods of administrative co-operation
      and in particular Article 17 ( 2 ) thereof ;
      V/hereas it is necessary , for the proper functioning of the Agreement ,
      to organise close administrative co-operation between the Contracting
    . Parties to the Agreement to ensure correct and uniform application
      of the customs provisions contained therein , in particular those of
      the Protocol concerning the definition of the concept of " originating
. products " and methods of administrative co-operation, hereinafter
      called " the Protocol ",
                                                                    • •/ » • f
 ---pagebreak--- HAS RECOMMENDED THE EUROPEAN ECONOMIC COMMUNITY AND THE
REPUBLIC OP CYPRUS
to., take the measures necessary for application of the following
provisions :
A. HJLES GOVERNING THE ISSUE OF AN A.CY.1 MOVE?.'JENT CERTIFICATE
     I. Role of the exporter
        1.       It shall be for the exporter or his authorised
            representative , under the former 's responsibility , to
            apply for the issue of a movement certificate .
                 This application shall be made out on an A.CY.1 .
            form of which a specimen is to be found in Annex V to
            the Protocol .  The form must be completed in accordance
          . with the Protocol .
        2.       The exporter or his representative shall submit
            with his application any appropriate supporting document
         . proving that the goods to be exported are eligible for
            the issue of a movement certificate . u
  II . Role of the customs authorities
        1.    .  It shall be the responsibility of the (Customs
            authorities of the exporting country to ensure that, the
            A.CY.1 . form is duly completed . In particular , they shali
            check whether the space reserved for the description of
            the goods has been completed in such a manner as to exclut
            any possibility of fraudulent additions . To this end , thi
         . description of the goods must be indicated without leaving
            any blank lines . Where the space is not completely' fillet
            a horizontal line must be drawn below the last line of thi
            description , the empty space being crossed through .
 ---pagebreak---                                           - 3 -
      2.            Since the movement certificate constitutes the docu­
             mentary evidence for the application of the preferential ...
             tariff and quota arrangements laid down in the Agreement ,
             it shall be the responsibility of the Customs authorities
          . of the exporting country to take any steps necessary to
             verify the ' origin of the goods and to check the other
           i                        J
        * statements on the' certificate . ..                       .
III . Exports from a Member State .. of the European Economic Cotemunity
      or from Cyprus            • '             '*
      1 .. . •      The A..CY.1 movement certificate shall be issued by the
             customs authorities of a Member State of. the . European
             Economic Community if the goods to be exported can be
             considered products originating in the Community, within
             the meaning of Article 1 ( 1 ) of     the Protocol .
      2.            The A.CY*1 movement certificate shall be issued by
             the CUstoms authorities - of Cyprus if the goods to be exported
             can be considered products originating in Cyprus within the
            meaning of Article 1 ( 2 ) of the Protocol .
                                        *              . ...  * ...       "
      3.            For . the purpose of verifying whether the conditions
             stated in paragraphs 1 and 2 of Section III above have been
            met , , the Customs authorities shall have the right to call
             for any documentary evidence or to carry out; any .check which .
             they consider appropriate .
              ,                                                         •/ • * •
 ---pagebreak---                                   - 4 -
     4.        The Customs authorities of the Member State or
          of Cyprus shall refuse to issue an A.CY.1 movement
          certificate if the export documents submitted to
          those authorities reveal that the goods to which
          they relate are not being sent to Cyprus or to the
        . Community ,
IV . Indication - of the date of issue of the certificate
            The date., of issue .. of .the movement certificate must ,
     be indicated in the part of the certificate reserved
     for the Customs authorities .
 V • Provisions of specimen impressions of the types of
     stamp used
            The Customs authorities of the Member States and
     Cyprus shall provide each other, through the Commission
     of the European Communities , with specimen impressions of
     stamps used in their Customs offices for the issue of •
     movement certificates .
VI . Replacement of A*CY.1 mo^em^nt certificate by certificates
     of the same kind .
     1.        It shall   always, be possible to replace one or . ..
          more movement   certificates by one or more certificates ,
          provided that   this is done at the Customs office where
          the goods are   located ,
     2.        Where the new movement certificate relates to
          products which were originally imported from a Member
          State or from Cyprus and are exported in the same state ,
          it must indicate the country in which the original
          movement certificate was issued .
 ---pagebreak---                                                  .                     I                                '
                                           ■ -5-                    t
                                                                     /       '                        *
                                                                                                          ï
                                                                  ι
 VTI . Retrospective issue of movement certificates
                              *   •                       1                                         «
        . 1.                 Where a certificate is issued within the meaning
                 • of Article 8(2 ) of the Protocol after the goods to
                    which it relates have actually been exported , the .
                     exporter must , in the application referred to in
                    Article 7 of the said Protocol :
                    - indicate the place and date of exportation of the
                    : goods to which the •• certificate relates ; .
                    - certify that no certificate was issued at the time
                          of exportation . of the goods in question , and state
                          the reasons .       . •   '   >      ..        ' .   . ... .        •
                        \                   "         •    • .                           .  .
            2» ,.          . The Customs authorities may issue a movement ,
                     certificate retrospectively only after verifying
                     that the particulars supplied in the exporter 's
                   'application agree with those on the corresponding
   ■, '            'document .
                             Certificates issued retrospectively must be
                  ; endorsed with one of . the following phrases ; .
             .....
                     " NACHTRAGLICH ■ AUSGESTELLT " , » DELIVRE . A.. POSTERIORI " , .
                       ...                                                       *
                     " RILASCIATO A POSTERIORI ",,. " AFGEGEVSN A POSTERIORI ",
             • ■ " ISSUED RETROSPEC TIVELY" , "UDSTEDT. EFTERF0ÌGENDE" . . ...
VIII . Issue of duplicates
          -               In the - event of the theft , loss or destruction of
            a movement certificate , the exporter may apply to -the
            Customs authorities which issued it for a duplicate to
            be made out on the basis of the export documents in their
            possession .            The duplicate issued in this way must be
                                                                                       '♦ * •/• • •
 ---pagebreak---                                     - 6 -
   • ■  endorsed with ons of the following words ; ' " EUPLXKAT " , ■'
        " DUPLICATA" , " DUPLICATO ", " LcPLICAAT " , " DUPLICATE ".
                The duplicate , which must bep.r.the date of issue
        of the original movement certificate , shall take effect
        as from that date .
B. CONDITIONS APPLICABLE TO THE USE OF A.CY.1 MOVEMENT
    CERTIFICATES
    I . Direct transport of . .flo ods
                Goods transported without passing through terri­
        tories other than those of the Contracting Parties
        shall "be considered as transport ad direct . ' !Thc- following
        shall , however .- not be considered as an interruption of
        direct transport :
        ( a ) calling at ports situated in territories other than ■
               those of tfcs Contracting Parties ;
        ( b ) trans-shipment O-n such ports attributable to
           .   force majeure or events at seaj
        ( c ) passing through territories other than those of
               the Contracting Parties or trans-shipment in such
             ■ territories provided that carriage or trans-shipment
               through such territories is covered by a single
               transport- docu^irc made out in a Member State or
               in Cypx'us *
 ---pagebreak---  II . Acceptance of movement certificates after expiry of the
         time limit for their submission •
              ■ Movement certificates submitted to the Customs
         authorities of the importing country after expiry of the
         time limit for their submission stipulated in Article 9
         of the Protocol-may be accepted ,, for the purpose of
         supplying the preferential arrangements , provided the /
         failure to observe this time limit results from force
       ' majeure or exceptional ' circumstances .       .
                In addition , the - Customs authorities of the importing
         country may accept such certificates provided the goods
         have been presented to them before the expiry of the said '
         time limit ..
III . Acceptance of movement certificates in which the particulars
         do not correspond' to the imported goods
                The discovery of slight discrepancies between the
         statements made in the movement certificate and those made
         in the documents submitted to the Customs office for the
     ' purpose of carrying out the formalities for importing the'
         goods shall' not ipso^facto render the certificate null and
         void , " provided it is duly established that the ' certificate
         corresponds to the goods .
         ZONES
I.          The Member States and Cyprus shall take . all necessary
   . steps to ensure that goods traded under cover of a movement .
      certificate , which iii the course of transport use a free zone
     situated in their territory , are not substituted by other
      goods and that they do not undergo handling other than normal
      operations designed to prevent their deterioration. ■
 ---pagebreak---                                      - 8 -
ί
       II . •       When products originating in the Community or Cyprus
              and imported into a free zone under cover of a movement
              certificate undergo treatment or processing , the Customs
              authorities concerned must issue a new certificate at
              the exporter 's request if the treatment or processing
              undergone is in conformity with the Protocol .        - .
  D. POSTAL PACKETS ( INCLUDING PARCEL POST )
        I.          Under the responsibility of the exporter , he or his
              authorised representative shall complete and sign the
              two parts of an A.CY.2 form , of which a model is annexed
     -        to the Protocol .
                    If the goods contained in the consignment have
              already been subject to verification in the exporting
              country by reference to the definition of the concept
              of originating products , the exporter may refer to this
              check in the space reserved for " Remarks " in the A.CY.2
              form . .
       II .         The exporter shall enter the title , "A.CY.2 ",
              followed by the serial number , of the form on the green
              label C 1 or customs declaration C 2/CP 3 . He shall
              also enter both those numbers' on the invoice relating
              to the goods contained in the packet .
 ---pagebreak---     SUBSEQUENT VERIFICATION OF A.CY.T MOVEMENT . .
• CERTIFICATES AND A,CY.2 FORKS .
          Subsequent verifications of movement certificates ' .
    and of forms A.CY.2 shall - be carried out at random or
    whenever the Customs authorities of the importing State
    have reasonable doubt as to the authenticity of the
    document or the accuracy of the information regarding '
    the true origin of the goods in question* .
          For the purpose of implementing the provisions of
    paragraph I above , . the Customs authorities of the
    importing State shall return the movement . certificate
    or Part 1 or the A.CY.2 form or a photocopy ;
  . thereof , to the Customs authorities of the exporting
 . State , giving , where appropriate , the reasons of form
    or substance, for an inquiry .     The invoice , if it has
    been submitted , or a copy thereof shall be attached to .
    Part -.1 of the A # CY»2 form and the Customs authorities
    shall forward any irformation that, has been obtained .
    suggesting that , the particulars given on the said-
    certificate or the said form are inaccurate'.
          If the Customs authorities of the importing State
    decide to suspend the - Agreement while awaiting the
     results of the verification , they shall offer
    to release the goods to the importer subject to any .
' precautionary measures judged necessairy .
 ---pagebreak---                                    - 10 -
III .       The Customs authorities of the importing State shall be
      informed of the results of the verification within three months .
      These results must be such as to make it possible to determine
      whether the disputed movement certificate or A.CY.2 form
      applies to the goods actually exported , and whether these goods
      can , in fact , qualify for the application of the preferential
      arrangements .
 IV «       When such disputes cannot be settled between the Customs
      authorities of the importing State and those of the exporting .
      State or when they raise a question' as to the interpretation
      of the Protocol , they shall be submitted to the Customs
      Co-operation Committee .
  V.        For the purpose of the subsequent verification of
      certificates , the Customs authorities of the exporting country
      must keep the export documents , or - copies of certificates used
      in place thereof , for not less than two years .
                                 ;
                                      Done at Brussels , . £9 .^vember ^  (
                                       For the Association Council       ..
                                                 Chairman
                                                 I. Npregaard