CELEX: 31971R2860
Language: en
Date: 1971-12-20 00:00:00
Title: Regulation (EEC) No 2860/71 of the Council of 20 December 1971 concerning the application of Decision No 40/71 of the Council of Association between the European Economic Community and the African States and Madagascar associated with the Community

Official Journal of the European Communities                                   81
                                          Official Journal of the European Communities                            No L 289/ 1
                                    REGULATION (EEC) No 2860/7 1 OF THE COUNCIL
                                                       of 20 December 1 97 1
              concerning the application of Decision No 40/71 of the Council of Association provided for
              by the Convention of Association between the European Economic Community and the
                                  African States and Madagascar associated with the Community
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Convention of Association and on methods of adminis­
                                                                     trative cooperation;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                    Whereas the Committee of Association provided for by
thereof;                                                             that Convention adopted Decision No 40/71 of the
                                                                     Council of Association amplifying and amending Deci­
Having regard to the Internal Agreement 1 on the meas­               sion No 36/71 of the Council of Association;
ures to be taken and the procedures to be followed for
purposes of application of the Convention of Associa­                Whereas, in accordance with Article 46 of that Conven­
tion between the European Economic Community and                     tion, measures should be taken to implement that Deci­
the African States and Madagascar associated with the                sion,
Community, and in particular Article 2 thereof;
                                                                     HAS ADOPTED THIS REGULATION :
Having regard to the proposal from the Commission;
                                                                                              Article 1
Whereas a Convention of Association between the Euro­
pean Economic Community and the African States and                   Decision No 36/71 of the Council of Association, an­
Madagascar associated with the Community2 was
                                                                     nexed to Regulation (EEC) No 1251/71 , shall be sup­
                                                                     plemented and amended in accordance with Decision No
signed on 29 July 1969 and entered into force on 1 Janu­
ary 1971 ;                                                           40/71 of the Council of Association annexed to this
                                                                     Regulation.
Whereas Council Regulation (EEC) No 125 1/71 3                                                Article 2
brought into effect Decision No 36/71 of the Council of
Association on the definition of the concept of                      This Regulation shall enter into force on 1 January
'originating products' for the application of Title I of the          1972.
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels, 20 December 1971 .
                                                                                                 For the Council
                                                                                                   The President
                                                                                                    M. PEDINI
' OJ No L 282, 28.12.1970, p. 44.
2 OJ No L 282, 28.12.1970, p. 2.
3 OJ No L 135 , 21.6.1971 , p. 1 .
 ---pagebreak---  82                                     Official Journal of the European Communities
                                                     DECISION No 40/71
                of the Council of Association amplifying and amending Decision No 36/71 of the Council of
                Association on the definition of the concept of 'originating products' for the application
                   of Title I of the Convention of Association and on methods of administrative cooperation
 THE COMMITTEE OF ASSOCIATION,                                     HAS DECIDED :
  Having regard to the Convention of Association between                                     Article 1
  the European Economic Community and the African                  The following shall be substituted for Article 6 of Deci­
  States and Madagascar associated with the Community,
                                                                   sion No 36/71 :
  signed at Yaounde on 29 July 1969, and in particular
  Article 10 thereof;                                                  "Originating products' within the meaning of this
                                                                       Decision shall be accepted as coming under Title I of
                                                                       the Convention in the importing Member State or
 Having regard to Decision No 36/71 of the Council of                  Associated State on production of a movement certifi­
 Association on the definition of the concept of                       cate A.Y.I endorsed by the customs authorities of the
 'originating products' for the application of Title I of the          exporting Member State or Associated State.
 Convention of Association and on methods of adminis­
 trative cooperation;                                                  However, for the purposes of this Decision
                                                                       'originating products' which form part of postal pack­
                                                                       ets (including parcel post), in so far as they contain
 Having regard to Decision No 37/71 of the Council of                  only 'originating products' and in so far as the value
 Association authorizing the Committee of Association to               does not exceed 600 units of account per packet, shall
 amend or supplement Decision No 36/71 ;                               be accepted as coming under Title I of the Convention
                                                                       in the importing Member State or Associated State,
 Having regard to the draft from the Commission of the                 on production of form A.Y.2'.
 European Communities;
                                                                                             Article 2
Whereas an agreement relating to products within the               The following Article shall be added to Decision No 36/
province of the European Coal and Steel Community                  71 :
was signed at the same time as the Convention of Asso­                 Article 11a
ciation ;
                                                                      Form A.Y.2, of which a specimen is shown in Annex
Whereas Decision No 36/71 defines the concept of                      VI, shall be completed by the exporter. It shall be in
'originating products' for the application of Title I of the          one of the official languages in which the Convention
Convention of Association and lays down the methods                   is drawn up, and shall comply with the internal laws
of administrative cooperation;                                        of the exporting Member State or Associated State., It
                                                                      shall be typed or handwritten; if the latter it shall be
Whereas when it adopted Decision No 36/71 the Coun­                   completed in ink in block letters.
cil of Association left open for the time being various               Form A.Y.2 shall consist of two parts, each measur­
special provisions concerning in particular certain prod­             ing 210x 148 mm. White paper shall be used, free of
ucts and certain special systems;                                     mechanical pulp, dressed for writing purposes and
                                                                      shall weigh at least 64 g/m2. The front of Part 1 and
Whereas an agreement has been reached within the                      the label in Part 2 shall bear a band consisting of
Committee of Association on the problems left open and                three blue stripes, each 3 mm wide, running diagonal­
whereas consequently it is necessary to supplement or                 ly from the lower left to the top right corner.
amend Decision No 36/71 and List B annexed thereto;                  For A.Y.2 may be perforated by machine so that the
                                                                      two parts and the label of Part 2 may be detachable.
Whereas in accordance with Article 35 of Decision No                 The reverse of the label may be gummed.
36/71 , A.Y.I movement certificates which conform to
the specimen annexed to Decision No 5/66 of 22 April                 The Member States and Associated States may them­
 1966 on the definition of the concept of 'originating               selves print the forms or may entrust the work to prin­
products' for the application of Title I of the Convention           ters appointed by them. In the latter case, reference to
of Association and on methods of administrative cooper­              the appointment must appear on each form. Each
ation may, as a temporary measure up to and including                form shall bear the name and address of the printer or
31 December 1971 , be endorsed by the customs authori­               a mark enabling the printer to be identified.lt shall
                                                                     also bear an individual serial number.'
ties of the exporting Member State or the Associated
State and used in manner provided in Decision No 36/
                                                                                            Article 3
71 ; whereas this time limit appears to be insufficient and
should be extended for a period of 12 months,                     The following shall be added to Decision No 36/7 1 :
 ---pagebreak---                                         Official Journal of the European Communities                                         83
    Article lib                                                        'Issue of movement certificates A.Y.I and conditions
                                                                        for the use of movement certificates A.Y.I and forms
    A form A.Y.2 shall be made out for each postal pack­
                                                                       A.Y.2.'
    et. After completing and signing both parts of the
    form, the exporter shall place his declaration (Part 1)
                                                                                              Articles
    inside the parcel and glue the label from Part 2 on to
    the outer wrapping of the packet. However, in the              Section C (a) and Article 28a drawn up as follows shall
    case of postal packets to the AAMS, the exporter               be added to Title III of Decision No 36/71 :
    shall address his declaration (Part 1) separately to the
    addressee.'
                                                                        'C(a): Postalpackets (including parcel post)
                                                                       Article 28a
                          Article 4                                      1 . The exporter shall be responsible for completing
                                                                        and signing both parts of form A.Y.2, either in person
The following Article shall be added to Decision No
                                                                        or by his agent.
36/71 :
                                                                        If on the basis of the definition of the concept of
    Article 11c
                                                                        'originating products' the goods contained in the
    Unless improper use is suspected, the customs author­               packet have already been subject to inspection in the
    ities of the importing Member State or Associated                   exporting Member State or Associated State, having
    State shall accept as coming under Title I of the Con­              regard to the definition of the concept of 'originating
    vention to the goods contained in a parcel bearing a                products' , the exporter may quote references relating
    label A.Y.2.'                                                       to such inspection in the 'Remarks' section of form
                                                                        A.Y.2 (Part 1).
                          Articles
                                                                        2. The exporter shall write, either on the green label
The following shall be substituted for Article 12 of Deci­              CI or customs declaration C2 CP3 or on customs
sion No 36/71 :                                                         declaration C2N/CP3M, the letters 'A.Y.2' and the
                                                                        serial number of the A.Y.2 form used. He shall also
   ' 1 . The Member States and Associated States shall,
                                                                        enter these letters and that number on the invoice re­
    without requiring production of a movement certifi­
    cate A.Y.I or completion of form A.Y.2, accept as                   lating to the goods contained in the packet.'
    'originating products' coming under Title I of the
    Convention, goods sent in small parcels to individuals                                    Article 9
    or contained in the personal luggage of travellers, if
    the goods imported have no commercial character,               The following shall be substituted for Article 29 of Deci­
    provided they are declared to comply with the condi­           sion No 36/71 :
    tions required for the application of these provisions            'Goods sent in small parcels to individuals or con­
    and the accuracy of this declaration is not in doubt.              tained in the personal luggage of travellers shall be
    2. Importations shall be treated as having no com­                 exempt from the production of a movement certificate
    mercial character if they take place occasionally and              A.Y.I or the making out of a form A.Y.2, where these
    consist exclusively of goods for the personal or family            are imports satisfying the conditions provided for in
                                                                       Article 12.'
    use of the consignees or travellers; the nature or quan­
    tity of such goods must not be such as might indicate
                                                                                             Article 10
    that they are being imported for commercial reasons.
    Moreover, the total value of these goods must not              The following shall be substituted for the headings of
    exceed 60 units of account for small parcels or 200            Title III E of Decision No 36/71 :
    units of account for the contents of the personal lug­
                                                                      'E - Subsequent verification of movement certificate
    gage of travellers.'
                                                                               A.Y.I forms A.Y2.'
                          Article 6
                                                                                             Article 11
The following shall be substituted for Article 13 of Deci­
sion No 36/71 :                                                    The following shall be substituted for Article 30 of Deci­
   'The competent authorities of the Member States and             sion No 36/71 :
    Associated States shall afford each other assistance              ' 1 . Subsequent verification of movement certificates
    through their respective customs authorities in veri­              A.Y.I or forms A.Y.2 is to be carried out at random,
    fying the authenticity and accuracy of the movement                and also wherever the customs authorities of the
    certificates A.Y.I and the exporter's declaration on               importing Member State or Associated State have
    the forms A.Y.2 in order to ensure correct application             reasonable doubt as to the authenticity of the docu­
    of this Title.'                                                    ment or the accuracy of the information relating to
                                                                       the true origin of the goods in question or of certain
                          Article 7                                    parts thereof.
The following shall be substituted for the headings of                 2. For the purposes of application of paragraph 1 ,
Title III of Decision No 36/71 :                                       the customs authorities of the importing country shall
 ---pagebreak--- 84                                      Official Journal of the European Communities
    return the movement certificate A.Y.I or Part 1 of                                      Article 13
    form A.Y.2 to the customs authorities of the export­           The specimen form A.Y.2 annexed to this Decision shall
    ing country, giving the reasons relating to fact or form       be incorporated as Annex VI to Decision No 36/71 :
    which justify an inquiry . With Part I of form A.Y.2
    they shall include the invoice or a copy thereof if this
    has been produced. They shall attach to Part I of form                                  Article 14
    A.Y.2, if it has been produced, the invoice or a copy
    thereof, and shall forward any information which it            As a temporary measure, certificates of origin issued
    has been possible to obtain and which suggests that            under the European Economic Community Recommen­
    the particulars given on the certificate are inaccurate.       dation of 10 December 1958 relating to the implementa­
                                                                   tion of Article 133 of the EEC Treaty shall remain in
    If the customs authorities of the importing country            force with regard to postal consignments (packets and
    decide to suspend application of Title I of the Con­           parcel post), on condition however that they are issued
    vention pending the results of the verification, they          not later than 29 February 1972 and submitted to the
    shall offer the importer release of the goods subject to       customs authorities of importing Member States or As­
    such precautionary measures as may be considered               sociated States not later than 30 June 1972.
    necessary .
    3 . The results of subsequent verification shall be
    made known to the customs authorities of the import­                                    Article 15
    ing country within three months. The result must be            The following provision shall be inserted in the third
    such as to make it possible to ascertain whether the           column of Annex III List B to Decision No 36/7 1 before
    movement certificate A.Y.I or the form A.Y.2 in dis­           the provisions relating to heading No ex 15.10 :
    pute relates to the goods actually exported and wheth­
    er the preferential system does in fact apply to them.            'The incorporation of 'non-originating' materials or
                                                                      parts in machinery and equipment falling within
   Where no agreement can be reached by the customs                    Chapters 84 to 92 shall not cause those products to
   authorities of the importing country and those of the              lose the character of 'originating products' provided
   exporting country or where a problem of interpreta­                that the value of those materials or parts does not
   tion of the Decision arises in connection with the dis­            exceed 5% of the value of the finished product.'
   pute, the matter shall be put before the Customs Coop­
   eration Committee provided for in Article 31 .
                                                                                            Article 16
    In any event, the settlement of disputes between the
    importer and the customs authorities of the importing          In the second paragraph of Article 35 of Decision No
    country shall remain subject to the laws of that coun­         36/71 , the date ' 31 December 1972' shall be substituted
    try .                                                          for ' 31 December 1971 '.
    For the purpose of subsequent verification of the cer­
    tificates, the export documents or copies of certifi­                                   Article 17
    cates in lieu thereof must be retained by the customs
                                                                   The Associated States , the Member States and the
    authorities of the exporting country for two years.'
                                                                   Community shall, each respectively for its part, take the
                                                                   measures required for implementation of this Decision.
                          Article 12
                                                                   This Decision shall enter into force on 1 January 1972.
The following shall be substituted for the first paragraph
of Article 35 of Decision No 36/71 :
   'The explanatory notes, lists A, B and C , the specimen         Done at Brussels , 23 November 1971 .
   of movement certificate A.Y.I and the specimen of
    form A.Y.2 which are annexed to this Decision shall                        The President ofthe Committee ofAssociation
    form an integral part thereof.'                                                             A. SISSOKO
 ---pagebreak---                                This rule shall, however, not apply as regards the Member States of the EEC to goods imported from an Associated State and re-exported to
                               another Associated State, except where the Associated State in which the goods originate is eligible in the Associated State of destination for
                               the same treatment as the Member States of the EEC .
                               Note : When applying this rule, the Member country of origin which should be shown in the movement certificate is the one from which the
                                       goods were originally imported
                               FORM A.Y.2                                                                                                                                       (PART I)
                                                        YAOUNDE CONVENTION OF ASSOCIATION                                                 LABEL A.Y.2                A oooooo
                                                                           Declaration by the exporter                                                  Description of goods
                                  I, the undersigned, exporter of the goods described herein and contained in this postal
                                  packet
                                  — declare that they are in
                                                                                                      (exporting member country)
TO BE INSERTED IN THE PARCEL
                                  in the conditions set out on the reverse side of Part 2 of this declaration ;
                                  — undertake to submit at the request of the appropriate authorities, any supporting
                                    evidence which they may require and to agree to any inspection of my accounts
                                    by these authorities and any verification by them of the processes of manufacture                 Remarks (') :
                                    of the goods described herein .
                                  Member country of destination
                                  At                                                                             on .
                                                                                                                                      Authorities in the exporting Member country respon­
                                                                                                                                      sible for subsequent verification of declarations by
                                                                                                                                      exporters (2) :
                                                                                                       ( Signature of exporter)
                                  Exporter ;
                                                                ( Name and forename, or name of firm, and full address of exporter)
                                  (*) Give the references of any verification already carried out by the competent authorities.
                                  ( 2) Name the competent authorities under national provisions.
 ---pagebreak---                             REQUEST FOR VERIFICATION                                                                                RESULT OF VERIFICATION
   The undersigned customs officer requests verification that the decla­                                    A verification carried out by the undersigned customs officer has
   ration by the exporter on the front of this form be verified (')                                         shown that :
                                                                                                            ( 1 ) the details and information given in this form are correct (');
                                                                                                            (2) this form does not satisfy the requirements as to conditions of
                                                                                                                   authenticity and accuracy ( see remarks annexed hereto) (').
    At                                                  on                                                 At                                                   on
          Official                                                                                                Official
           Stamp                                                                                                  Stamp
                                                 ( Signature of customs officer )                                                                      ( Signature of customs officer)
                                                                                                         (') Delete as ncecssary
(') Subsequent verification of forms A.Y.2 is to be carried out at random, and whenever the customs authorities of the importing member country have reasonable doubt as to the true origin of the goods in
  question or of certain parts thereof.
 The customs authorities of the importing member country must send Part I of form A.Y.2 to the authorities responsible for verification in the exporting member country specifying the reasons relating to
 fact or form which justify an inquiry. Wherever possible they shall attach to that form the invoice submitted to them , or a copy thereof, and give any information which it has been possible to obtain and
  which suggests that the particulars given on the form A.Y.2 are inaccurate.
 ---pagebreak---                                This rule shall, however, not apply as regards the Member States of the EEC to goods imported from an Associated State and re-exported to
                               another Associated State, except where the Associated State in which the goods originate is eligible in the Associated State of destination for
                               the same treatment as the Member States of the EEC .
                               Note : When applying this rule, the Member country of origin which should be shown in the movement certificate is the one from which the
                                       goods were originally imported
                               FORM A. Y. 2                                                                                                                                      (PART I)
                                                        YAOUNDÉ CONVENTION OF ASSOCIATION                                                  LABEL A.Y.2                    0 0 0000
                                                                            Declaration by the exporter                                                Description of goods
                                  I , the undersigned, exporter of the goods described herein and contained in this postal
                                  packet
                                       declare that they are in
                                                                                                      ( exporting member country)
TO BE INSERTED IN THE PARCEL
                                  in the conditions set out on the reverse side of Part 2 of this declaration ;
                                  — undertake to submit at the request of the appropriate authorities, any supporting
                                    evidence which they may require and to agree to any inspection of my accounts
                                       by these authorities and any verification by them of the processes of manufacture               Remarks (') :
                                       of the goods described herein .
                                  Member country of destination
                                  At                                          :                                  on
                                                                                                                                       Authorities in the exporting Member country respon­
                                                                                                                                       sible for subsequent verification of declarations by
                                                                                                                                       exporters (2) :
                                                                                                       ( Signature of exporter)
                                  Exporter :
                                                                 ( Name and forename, or name of firm, and full address of exporter)
                                  C ) Give the references of any verification already carried out by the competent authorities.
                                  (2 ) Name the competent authorities under national provisions.