CELEX: 31974R3109
Language: en
Date: 1974-12-05 00:00:00
Title: Regulation (EEC) No 3109/74 of the Commission of 5 December 1974 derogating in respect of the countries which have signed the Cartagena Agreement (Andean Group) from Articles 1, 6 and 13 of Regulation (EEC) No 3106/74 of 5 December 1974 on the definition of the concept of originating products for purposes of the application of tariff preferences granted by the European Economic Community in respect of certain products from developing countries

16 . 12 . 74                           Official Journal of the European Communities                             No L 336/59
                              REGULATION (EEC) No 3109/74 OF THE COMMISSION
                                                     of 5 December 1974
               derogating in respect of the countries which have signed the Cartagena Agreement (Andean
               Group) from Articles 1 , 6 and 13 of Commission Regulation (EEC) No 3106/74 of 5
               December 1974 on the definition of the concept of originating products for purposes
               of the application of tariff preferences granted by the European Economic Community
                                 in respect of certain products from developing countries
THE COMMISSION OF THE EUROPEAN                                     HAS ADOPTED THIS REGULATION :
 COMMUNITIES , ,
                                                                                            Article 1
Having regard to the Treaty establishing the Euro­
 pean Economic Community ;                                         1 . Notwithstanding the provisions of Article 1 of
                                                                   Commission Regulation (EEC) No 3106/74 of 5 De­
                                                                   cember 1974, those products which have acquired the
Whereas for the application of the provisions                      character of originating products in Bolivia, Chile,
 concerning the tariff preferences granted by the                  Colombia, Ecuador, Peru and Venezuela (hereinafter
 Community for certain products originating in devel­              referred to as Andean Group countries) are to be
oping countries, the rules of origin are defined for               equally considered as products originating in one or
the conditions under which these products acquire                  another of those countries, according to the pro­
 the character of originating products, the mode of                visions of the Article 1 referred to above and which,
 proof and the terms as to verification thereof by                 after being exported from that country, have under­
 Commission Regulation (EEC) No 3106/74 0 ) of                     gone no working or processing in any of the other
 5 December 1974 :                                                 Andean Group countries or have not undergone
                                                                   sufficient working or processing there to confer on
                                                                   them the character of products originating in any
                                                                   of those countries by virtue of the provisions of the
Whereas in the context of the Cartagena Agreement                  Article 1 referred to above, provided .that :
 ( Andean Group) a very close economic cooperation
 has been established between Bolivia, Chile, Colom­               ( a) only products originating in any erf the Andean
 bia , Ecuador, Peru and Venezuela ( hereinafter                        Group countries have been used in the course of
 referred to as Andean Group countries ); whereas the                   the working or processing;
 provisions relative to the acquisition of the character
 o£ originating products laid down in Article 1 of
-Commission Regulation (EEC) No 3106/74 of 5 De­
                                                                   (b) when a percentage rule limits, in the Lists A and
 cember 1974 may, with the necessary adaptations,                       B referred to in Article 3 of the Regulation
 contribute to the facilitation of this cooperation and
                                                                        referred to above, the proportion in value of non­
                                                                        originating products that can be incorporated
 encourage the use in one Andean Group country of                       under certain circumstances, the added value has
products originating in the other Andean Group                          been acquired in each of the countries in accord­
 countries ; whereas the said provisions should
                                                                        ance with the percentage rule contained in the
 be amended accordingly and special rules for the
                                                                        said lists without any possibility of cumulation
 proof of the character of originating products and                     from one country to another.
 to methods of verification should be laid down ;
 whereas for this purpose it is necessary to centralize
the requests for verification to a common adminis­                 2. For the purpose of . implementing paragraph 1 (a ),
 trative 'body of the aforesaid group ;                            the fact that products other than those referred to
                                                                   therein are used in a proportion not exceeding in
                                                                   total value 5% of the value of the products obtained
Whereas the measures provided for in this Regulation               and imported into the Community does not affect
 are in accordance with the Opinion of the Committee               thie determination of origin of the latter products,
 on Origin ,                                                       provided that the products so, used would not have
                                                                   caused them to lose the status of products originating
                                                                   in one of the ASEAN countries from which they had
                                                                   been exported previously, had they been incorporated
( J) See page 1 of this Official Journal .                         there .
 ---pagebreak---  No L 336/60                            Official Journal of the European Communities                               16 . 12 . 74
3 . In the cases referred to in paragraph 1 (b ) no non­           is given by the certificate referred to in paragraph 1
originating product may be incorporated if it under­               and issued under the conditions laid down in that
goes only the working or processing laid down in                   paragraph , on the basis of the certificate of origin
Article 3 ( 2) of Commission Regulation ( EEC ) No                 Form A issued previously.
3106/74 of 5 December 1974 .
                                                                                           Article 4
4. Notwithstanding the provisions of paragraph 1
and provided that all 'the conditions laid down in that            Notwithstanding the provisions of Article 6 of Com­
paragraph are nevertheless fulfilled, the products                  mission Regulation ( EEC ) No 3106/74 of 5 December
obtained shall not continue to be considered as prod­              1974, the products mentioned in Article 1 shall on
ucts obtained shall not continue to be considered as               import into the Community benefit from the provi­
products originating in the first Andean Group                     sions on tariff preferences set out in that Article upon
country of exportation unless the value of the prod­               submission of a certificate of origin Form A issued
ucts worked or processed in that country represents                by the authority in the Andean Group country from
the highest percentage of the value of 'the products               which the products are exported to the Community
obtained . If this is not so, the 'latter products are             on the basis of certificates of origin Form A issued
considered as originating in the ASEAN country                     previously.
where the added value acquired represents the highest
 percentage of their value.
                                                                                           Article 5
                                                                   The certificates referred to in Articles 3 and 4 must
                             Article 2                             indicate :
 1 . For the application of the provisions oif Article 1 ,         — in box 4 'For official use' the Andean Group
the provisions of Article 4 of Commission Regulation                   country in which the goods originate as well as
 (EEC) No 3106/74 of 5 December 1974 are                               one of the following phrases :
 applicable.                                                                       ' CUMUL GROUPE ANDIN '
                                                                              ' CUMULATION ANDEAN GROUP '
2 . For the application of the provisions of Article 1
( 1 ) ( b ) and (4 ), ' added value' shall be understood as        — in box 12 'Declaration by the exporter' that the
meaning the difference between the ex-works price                      products fulfil the conditions of origin required
of the goods obtained , less internal taxes refunded                   by the generalized system of preferences in order
or refundable on exportation from the country                          to be exported to the 'European Economic
concerned, and the customs value of all the products                   Community'.
imported and worked or processed in that country.
                                                                                           Article 6
                             Article 3                             1 . The provisions of Articles 1 to 5 above are only
                                                                   applicable in so far as the rules regulating the trade
 1 . Where Article 1 is applied , the proof of character           between each of the countries cited above, in the
of originating products in the case of Article 1 of                context of this Regulation , are identical to the pro­
Commission Regulation ( EEC) No 3106/74 of 5 De­                   visions laid down in Commission Regulation (EEC)
cember 1974 of products obtained in the first Andean               No 3106/74 of 5 December 1974 as well as this
Group country and exported to another Andean                       Regulation .
Group country is given by a certificate of origin
Form A , a specimen of which is given in the Annex                 2 . In addition, each Andean Group country under­
 to Commission Regulation (EEC ) No 3106/74 of                     takes with the Commission of the European Com­
.5 December 1974 . This certificate shall be issued by             munities , through the 'Junta del Acuerdo de Carta­
the governmental authorities of the country of export              gena ' to respect, or to ensure respect for, the rules
authorized for the issue of certificates of origin in the          concerning the making out and issuing of certificates
 context of Commission Regulation ( EEC ) No 3106/74               of origin Form A as well as those relative to the
of 5 December 1974 .                                               administrative cooperation contained in Articles 7
                                                                   and 8 below .
2 . Where Article 1 is applied , the proof of character
of originating products — in the sense of that Article
— of products that have been held or have undergone                                        Article 7
in only one of the Andean Group countries the
processing laid down in that Article and exported                  1 . Retrospective verifications of the certificates Form
from that country to another Andean Group country                  A mentioned in Article 3 s-hall be carried out at
 ---pagebreak---  16 . 12 . 74                         Official Journal of the European Communities                                 No L 336/61
random , and whenever the authorities envisaged in                   2 . The Andean Group countries shall communicate
that Article in the Andean Group countries where                     to the Commission ' the address of the 'Junta del
the products have remained before their re-export                    Acuerdo de Cartagena'. The Commission shall com­
in the same state or are submitted to the working                    municate this information to the customs authorities
or processing envisaged in Article 1 have reasonable                 of the Member States .
doubt as to the authenticity of the information
regarding the true origin of the goods in question .
                                                                                              Article 9
2 . For the purpose of applying the provisions of
paragraph 1 , the customs authorities mentioned in                   This Regulation does not apply to the products listed
that paragraph shall send the certificate of origin                  in the Annexes A to Council Regulations (EEC) No
Form A to ' the 'J l,nta del Acuerdo de Cartagena'                   3045/74 ( 1 ) and ( EEC) No 3046/74 (2) of 2 December
indicating in each case the reasons of form or                       1974.
substance which justify an enquiry . They shall for­
ward any information which may be available and
which tends to show that the particulars on the cer­                                          Article 10
tificate or on the form are inaccurate .
                                                                     The Explanatory Note annexed to this Regulation
                           Article <V                                forms an integral part of this Regulation .
 1 . Retrospective verification of the certificates Form                                      Article 11
A mentioned in Article 4 are to be carried out in the
case envisaged in Article 13 of Commission Regu­
lation ( EEC) No 3106/74 of 5 December 1974 .                        This    Regulation      shall   enter   into   force   on
However, by way of derogation ifrom the provisions                   1 January 1975 .
of paragraph 2 of this Article the appropriate customs
authorities in the Community shall return the certifi­
cate of origin Form A to the 'Junta del Acuerdo de                   (■) OJ No L 329, 9. 12. 1974, p. 1 .
 Cartagena '.                                                        (3) OJ No L 329, 9. 12. 1974, p. 9.
              This Regulation shall be binding in its entirety and directly applicable in all Member States .
              Done at Brussels, 5 December 1974.
                                                                             For the Commission
                                                                                   The President
                                                                            Francois ^ Xavier ORTOLI
                                                           ANNEX
                                                Explanatory Note to Article 1
              For the purpose of implementing Article 1 ( 1 ) (h), the percentage rule must be observed by refer­
              ring , for the added value acquired , to the provisions contained in Lists A and B referred to in
              Article 3 of Commission Regulation (EEC) No 3106/74 of 5 December 1974. Where the products
              obtained appear in List A , the percentage rule therefore constitutes a criterion additional to that
              of change of tariff heading for any non-originating product used .