CELEX: 31977R2969
Language: en
Date: 1977-12-23 00:00:00
Title: Commission Regulation (EEC) No 2969/77 of 23 December 1977 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 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 350/62                              Official Journal of the European Communities                               30 . 12 . 77
                                      COMMISSION REGULATION (EEC) No 2969/77
                                                      of 23 December 1977
               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 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 Bolivia, Colombia, Ecuador,
                                                                    Peru or Venezuela (hereinafter referred to as Andean
                                                                    Group 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 Andean Group
provisions concerning the tariff preferences granted by             country or have not undergone sufficient working or
the Community for certain products originating in de­               processing in any such other country to confer on them
veloping countries, rules of origin are by Commission               by virtue of the said provisions the status of products
Regulation (EEC) No 2966/77 of 23 December                          originating in that other country, provided that:
1977 ( J), hereinafter called the ' basic Regulation', laid
down concerning the conditions under which these                    (a) only products originating in an Andean Group
products acquire the status of originating products and                  country have been used in the course of such work­
the mode of proof and verification of their status ;                     ing or processing;
Whereas under the Cartagena Agreement (Andean                       (b ) where a percentage rule limits, in Lists A and B re­
Group ) close economic cooperation has been estab­                       ferred to in Article 3 of the Regulation referred to
lished between Bolivia, Colombia, Ecuador, Peru and                      above, the proportion in value of non-originating
Venezuela (hereinafter referred to as Andean Group                       products that can be incorporated under certain
countries); whereas the provisions relative to the acquis­               circumstances, the added value has been acquired in
ition of the status of originating products laid down in                 each of the countries in accordance with the said
Article 1 of the basic Regulation may, with the neces­                   percentage rule and with the other rules contained in
sary adaptations, help facilitate this cooperation and                   the said lists without any possibility of cumulation
encourage the use in one Andean Group country of                         from one country to another.
products originating in other Andean Group countries;
whereas the said provisions should be amended accord­               2 . For the purposes of paragraph 1 ( a), the fact that
ingly and special rules as to the mode of proof and ver­            products other than those referred to therein have been
ification of the status of originating products should be           used in a proportion not exceeding in total value 5% of
laid down ; whereas to this end it is necessary to provide          the value of the products obtained and imported into
for requests for verification to be centralized with a              the Community shall not affect the determination of
joint administrative body of the aforesaid group ;                  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 Andean
are in accordance with the opinion of the Committee on              Group country from which they were first exported,
Origin,                                                             had the products used been incorporated in that first
                                                                    country .
                                                                    3 . In the cases referred to in paragraph 1 ( b ) no
HAS ADOPTED THIS REGULATION :                                       non-originating product may be incorporated if it under- v
                                                                    goes only working or processing as specified in Article 3
                                                                    (2 ) of the basic Regulation .
                           Article 1
 1 . Notwithstanding the provisions of Article 1 of the             4. Notwithstanding the provisions of paragraph 1 and
basic Regulation, there shall also be considered as                 provided that all the conditions laid down in that
                                                                    paragraph are nevertheless fulfilled, the products ob­
                                                                    tained shall not continue to be considered as products
                                                                    originating in the first Andean Group country of expor­
                                                                    tation unless the value of the products worked or pro­
(*) See page 1 of this Official Journal.                            cessed in that country represents the highest percentage
 ---pagebreak---  30 . 12 . 77                            Official Journal of the European Communities                             No L 350/63
 of the value of the products obtained. If this is not so,                                    Article 5
 the latter products shall be considered as originating in
 the Andean Group country where the added value ac­                  The certificates referred to in Articles 3 and 4 must
 quired represents the highest percentage of their value.            contain :
                                                                     — in box 4 ' For official use' the name of the Andean
                            Article 2                                    Group country in which the goods originate
                                                                         together with one of the following phrases:
 1 . For the purposes of implementation of the provi­                              ' CUMUL GROUPE ANDIN'
 sions of Article 1 , the provisions of Article 4 of the basic
 Regulation shall apply.                                                       ' CUMULATION ANDEAN GROUP'
                                                                     — in box 12 'Declaration by the exporter' a statement
 2 . In Article 1(1 ) (b) and (4 ), ' added value' means the             to the effect that the products satisfy the conditions
 difference between the ex-works price of the goods                      of origin required by the generalized system of pre­
 obtained, less internal taxes refunded or refundable on                 ferences in order to be exported to the European
 exportation from the country concerned, and the cus­                    Economic Community.
 toms value of all the products imported into and
 worked or processed in that country.
                                                                                              Article 6
                           Article 3
                                                                     1 . The provisions of Articles 1 to 5 above shall apply
                                                                    only in so far as the rules regulating trade in the context
 1 . For the purposes of Article 1 , proof of status as             of this Regulation between each of the countries
originating products within the meaning of Article 1 of             hereinbefore specified are identical to the provisions laid
the basic Regulation shall, in the case of products ob­             down in the basic Regulation and in this Regulation.
tained in one Andean Group country and exported to
 another Andean Group country, be established by
production of a certificate of origin Form A, a specimen            2 . In addition, each Andean Group country undertakes
 of which is given in the Annex to the basic Regulation.            to the Commission of the European Communities that it
This certificate shall be issued by the governmental                will, through the 'Junta del Acuerdo de Cartagena'
 authorities of the country of export competent to issue            (hereinafter referred to as the Junta), comply or ensure
 certificates of origin for the purposes of the basic Reg­          compliance with the rules concerning the preparation
 ulation .                                                          and issue of certificates of origin Form A and with those
                                                                    relative to administrative cooperation contained in Arti­
                                                                    cles 7 and 8 below.
2 . For the purposes of Article 1 , proof of status as
originating products within the meaning of that Article
shall, in the case of products that have merely remained
in one of the Andean Group countries or have undergone                                       Article 7
there no processing other than as specified in that Arti­
cle and have been exported from that country to                    1 . Retrospective verifications of the certificates Form A
another Andean Group country, be established by                    mentioned in Article 3 shall be carried out at random or
production of a certificate as referred to in paragraph 1          whenever the authorities as referred to in that Article of
issued as provided in that paragraph on the basis of the           any Andean Group country where the products have
certificates of origin Form A issued previously.                   either remained before their re-exportation in the same
                                                                   state 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
                           Article 4                               the information regarding the true origin of the pro­
                                                                   ducts in question.
Notwithstanding the provisions of Article 6 of the basic
Regulation, the products mentioned in Article 1 shall on
importation into the Community benefit from the pro­               2 . For the purpose of applying the provisions of para­
visions on tariff preferences referred to in that Article          graph 1 , the authorities mentioned in that paragraph
upon production of a certificate of origin Form A                  shall send the certificate of origin Form A to the Junta,
issued, on the basis of the certificates of origin Form A          indicating where appropriate the reasons of form or
issued previously, by the authority in the Andean Group            substance for an enquiry. They shall forward any avail­
country from which the products are exported to the                able information which tends to show that the particu­
Community.                                                         lars on the said certificate are inaccurate.
 ---pagebreak--- No L 350/64                               Official Journal of the European Communities                                     30 . 12 . 77
                           Article 8                                       sion shall communicate this information to the customs
                                                                           authorities of the Member States.
1 . Retrospective verification of the certificates Form A
mentioned in Article 4 shall be carried out in the cir­
cumstances specified in Article 13 of the basic Regula­                                               Article 9
tion. However, by way of derogation from the provi­
sions of paragraph 2 of that Article, the relevant cus­                    The Explanatory Note annexed to this Regulation
toms authorities in the Community shall return the cer­                    forms an integral part thereof.
tificate of origin Form A to the Junta.
                                                                                                     Article 10
2 . The Andean Group countries shall communicate to                        This Regulation shall enter into force on 1 January
the Commission the address of the Junta. The Commis­                        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.