CELEX: 31977R2967
Language: en
Date: 1977-12-23 00:00:00
Title: Commission Regulation (EEC) No 2967/77 of 23 December 1977 derogating in respect of the countries of the Association of South East Asian Nations from Articles 1, 6 and 13 of Commission Regulation (EEC) No 2966/77 of 23 December 1977 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

No L 350/56                             Official Journal of the European Communities                              30 . 12 . 77
                                     COMMISSION REGULATION (EEC) No 2967/77
                                                     of 23 December 1977
               derogating in respect of the countries of the Association of South East Asian Nations from
               Articles 1 , 6 and 13 of Commission Regulation (EEC) No 2966/77 of 23 December 1977 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 COMMUNITIES,                        products originating in Indonesia, Malaysia, the Philip­
                                                                   pines, Singapore or Thailand (hereinafter referred to as
                                                                   ASEAN countries) those products which have in accor­
Having regard to the Treaty establishing the European              dance with those provisions acquired in one of those
Economic Community,                                                countries the status of originating products and which
                                                                   after being exported from that country have undergone
Whereas, for the purposes of implementation of the                 no working or processing in any other ASEAN country
provisions concerning the tariff preferences granted by            or have not undergone sufficient working or processing
the Community for certain products originating in de­              in any such other country to confer on them by virtue of
veloping countries, rules of origin are by Commission              the said provisions the status of products originating in
Regulation (EEC) No 2966/77 of 23 December                         that other country, provided that:
1977 ( x), hereinafter called the 'basic Regulation', laid
down concerning the conditions under which these                   ( a) only products originating in an ASEAN country
products acquire the status of originating products and                  have been used in the course of such working or
the mode of proof and verification of their status ;                     processing;
Whereas the Association of South East Asian Nations               (b) where a percentage rule limits, in Lists A and B re­
has established close economic cooperation between                      ferred to in Article 3 of the Regulation referred to
Indonesia, Malaysia, the Philippines, Singapore and                     above, the proportion in value of non-originating
Thailand (hereinafter referred to as ASEAN countries);                 products that can be incorporated under certain
whereas the provisions relative to the acquisition of the               circumstances, the added value has been acquired in
status of originating products laid down in Article 1 of                each of the countries in accordance with the said
the basic Regulation may, with the necessary adapta­                   percentage rule and with the other rules contained in
tions, help facilitate this cooperation and encourage the              the said lists without any possibility of cumulation
use in one ASEAN country of products originating in                    from one country to another.
other ASEAN countries; whereas the said provisions
should be amended accordingly and special rules as to              2 . For the purposes of paragraph 1 ( a), the fact that
the mode of proof and verification of the status of                products other than those referred to therein have been
originating products should be laid down ; whereas to              used in a proportion not exceeding in total value 5% of
this end it is necesseary to provide for requests for ver­         the value of the products obtained and imported into
ification to be centralized with a joint administrative            the Community shall not affect the determination of
body of the aforesaid association ;                                origin of the latter products, provided that the products
                                                                   so used would not have caused such latter products to
Whereas the measures provided for in this Regulation               lose the status of products originating in the ASEAN
are in accordance with the opinion of the Committee on             country from which they were first exported, had the
Origin,                                                            products used been incorporated in that first country.
                                                                  3 . In the cases referred to in paragraph 1 (b) no non­
                                                                  originating product may be incorporated if it undergoes
HAS ADOPTED THIS REGULATION :
                                                                  only working or processing as specified in Article 3 (2 )
                                                                  of the basic Regulation.
                           Article 1
                                                                   4. Notwithstanding the provisions of paragraph 1 and
1 . Nothwithstanding the provisions of Article 1 of the            provided that all the conditions laid down in that
basic Regulation, there shall also be considered as                paragraph are nevertheless fulfilled, the products ob­
                                                                   tained shall not continue to be considered as products
                                                                   originating in the first ASEAN country of exportation
                                                                   unless the value of the products worked or processed in
H See page 1 of this Official Journal .                            that country represents the highest percentage of .the
 ---pagebreak--- 30 . 12 . 77                              Official Journal of the European Communities                             No L 350/57
value of the products obtained. If this is not so, the lat­          — in box 4'For official use' the name of the ASEAN
ter products shall be considered as originating in the                    country in which the goods originate together with
ASEAN country where the added value acquired repre­                       one of the following phrases:
sents the highest percentage of their value.                                              ' CUMUL ANASE'
                                                                                      ' CUMULATION ASEAN'
                            Article 2
                                                                     — in box 12 ' Declaration by the exporter' a statement
1 . For the purposes of implementation of the provi­                      to the effect that the products satisfy the conditions
sions of Article 1 , the provisions of Article 4 of the basic             of origin required by the generalized system of pre­
Regulation shall apply.                                                   ferences in order to be exported to the European
                                                                          Economic Community.
2 . In Article 1 ( 1 ) (b ) and (4), ' added value' means the
difference between the ex-works price of the goods
obtained, less internal taxes refunded or refundable on
exportation from the country concerned, and the cus­                                           Article 6
toms value of all the products imported into and
worked or processed in that country.                                  1 . The provisions of Articles 1 to 5 above shall apply
                                                                      only in so far as the rules regulating trade in the context
                                                                      of this Regulation between each of the countries
                            Article 3                                 hereinbefore specified are identical to the provisions laid
                                                                     down in the basic Regulation and in this Regulation.
1 . For the purposes of Article 1 , proof of status as
originating products within the meaning of Article 1 of
the basic Regulation shall, in the case of products ob­              2 . In addition, each ASEAN country undertakes to the
tained in one ASEAN country and exported to another                  Commission of the European Communities that it will,
ASEAN country, be established by production of a cer­                through the Special Coordinating Committee of ASEAN
tificate of origin Form A, a specimen of which is given               (hereinafter referred to as SCCAN), comply or ensure
in the Annex to the basic Regulation. This certificate               compliance with the rules concerning the preparation
shall be issued by the governmental authorities of the               and issue of certificates of origin Form A and with those
country of export competent to issue certificates of ori­            relative to administrative cooperation contained in
                                                                     Articles 7 and 8 below.
gin for the purposes of the basic Regulation.
2 . For the purposes of Article 1 , proof of status as
originating products within the meaning of that Article                                        Article 7
shall, in the case of products that have merely remained
in one of the ASEAN countries or have undergone there
no processing other than as specified in that Article and             1 . Retrospective verifications of the certificates Form A
                                                                     mentioned in Article 3 shall be carried out at random or
have been exported from that country to another                      whenever the authorities as referred to in that Article of
ASEAN country, be established by production of a cer­
tificate as referred to in paragraph 1 issued as provided            any ASEAN country where the products have either
in that paragraph on the basis of the certificates of ori­           remained before their re-exportation in the same state
gin Form A issued previously.                                        or have undergone working or processing as specified in
                                                                     Article 1 have reasonable doubt as to the authenticity of
                                                                     the document or as to the accuracy of the information
                                                                     regarding the true origin of the products in question .
                            Article 4
                                                                     2 . For the purpose of applying the provisions of para­
Notwithstanding the provisions of Article 6 of the basic             graph 1 , the authorities mentioned in that paragraph
Regulation, the products mentioned in Article 1 shall on             shall send the certificate of origin Form A to SCCAN,
importation into the Community benefit from the pro­                 indicating where appropriate the reasons of form or
visions on tariff preferences referred to in that Article            substance for an enquiry. They shall forward any avail­
upon production of a certificate of origin Form A                    able information which tends to show that the particu­
issued, on the basis of the certificates of origin Form A            lars on the said certificate are inaccurate .
issued previously, by the authority in the ASEAN
country from which the products are exported to the
Community.
                                                                                               Article 8
                             Article 5                               1 . Retrospective verification of the certificates Form A
                                                                     mentioned in Article 4 shall be carried out in the cir­
 The certificates referred to in Articles 3 and 4 must               cumstances specified in Article 13 of the basic Regula­
 contain :                                                           tion . Flowever, by way of derogation from the provi­
 ---pagebreak--- No L 350/58                              Official Journal of the European Communities                                  30 . 12 . 77
sions of paragraph 2 of that Article, the relevant cus­                                           Article 9
toms authorities in the Community shall return the cer­
tificate of origin Form A to SCCAN.                                     The Explanatory Note annexed to this Regulation
                                                                        forms an integral part thereof.
2 . The ASEAN countries shall communicate to the                                                 Article 10
Commission the address of SCCAN. The Commission
shall communicate this information to the customs                       This Regulation shall enter into force on 1 January
authorities of the Member States.                                       1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels, 23 December 1977 .
                                                                                        For the Commission
                                                                                         fitienne DAVIGNON
                                                                                    Member of the Commission
                                                               ANNEX
                                                    Explanatory Note to Article 1
             For the purposes of Article 1 ( 1 ) (b), the percentage rule must be observed by referring as regards the
             added value acquired to the provisions contained in Lists A and B referred to in Article 3 of the basic
             Regulation. 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.