CELEX: 31976R3202
Language: en
Date: 1976-12-21 00:00:00
Title: Commission Regulation (EEC) No 3202/76 of 21 December 1976 derogating in respect of the countries of the Central American Common Market from Articles 1, 6 and 13 of Commission Regulation (EEC) No 3200/76 of 21 December 1976 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

30 . 12. 76                           Official Journal of the European Communities                          No L 361 /73
                                    COMMISSION REGULATION (EEC) No 3202/76
                                                    of 21 December 1976
              derogating in respect of the countries of the Central American Common Market from
              Articles 1 , 6 and 13 of Commission Regulation (EEC) No 3200/76 of 21 December 1976
              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                                   Whereas the measures provided for in this Regulation
COMMUNITIES ,                                                    are in accordance with the opinion of the Committee
                                                                 on Origin,
Having regard to the Treaty               establishing the       HAS ADOPTED THIS REGULATION :
European Economic Community,
                                                                                          Article 1
Whereas, for the purposes of implementation of the
provisions concerning the tariff preferences granted             1 . Notwithstanding the provisions of Article 1 of
by the Community for certain products originating in             Commission Regulation (EEC) No 3200/76 of
developing countries, rules of origin are by                     21 December 1976, there shall also be considered as
Commission Regulation (EEC) No 3200/76 of                        products originating in Costa Rica, El Salvador,
21 December 1976 (*) laid down concerning the                    Guatemala, Honduras or Nicaragua (hereinafter
conditions under which these products acquire the                referred to as CACM countries) those products which
status of originating products and the mode of proof             have in accordance with those provisions acquired
and verification of their status ;                               in one of those countries the status of originating
                                                                 products and which after being exported from that
                                                                 country have undergone no working or processing
                                                                 in any other CACM country or have not undergone
Whereas the Central American Common Market has                   sufficient working or processing in any such other
established close economic cooperation between                   country to confer on them by virtue of the said
Costa Rica, El Salvador, Guatemala, Honduras and                 provisions the status of products originating in that
Nicaragua (hereinafter referred to as CACM                       other country, provided that:
countries); whereas the provisions relative to the
acquisition of the status of originating products laid           ( a) only products originating in a CACM country
down in Article 1 of Commission Regulation (EEC)                      have been used in the course of such working
No 3200/76 of 21 December 1976 may, with the                          or processing ;
necessary adaptations, help facilitate this cooperation          (b ) where a percentage rule limits, in Lists A and B
and encourage the use in one CACM country of                          referred to in Article 3 of the Regulation referred
products originating in other CACM countries ;                        to above, the proportion in value of non-originat­
whereas the said provisions should be amended                         ing products that can be incorporated under
accordingly and special rules as to the mode of proof                 certain circumstances, the added value has been
and verification of the status of originating products                acquired in each of the countries in accordance
should be laid down ; whereas to this end it is                       with the said percentage ruJe and with the other
necessary to provide for requests for verification to                 rules contained in the said lists without any
be centralized with a joint administrative body of the                possibility of cumulation from one country to
aforesaid common market ;                                             another.
                                                                 2. For the purposes of paragraph 1 (a), the fact that
                                                                 products other than those referred to therein have
(*) See page 1 of this Official Journal.                         been used in a proportion not exceeding in total
 ---pagebreak--- No L 361 /74                         Official Journal of the European Communities                             30. 12. 76
value 5% of the value of the products obtained and              issue certificates of origin for the purposes of
imported into the Community shall not affect the                Commission Regulation          (EEC)  No 3200/76 of
determination of origin of the latter products,                 21 December 1976.
provided that the products so used would not have
caused such latter products to lose the status of
products originating in the CACM country from                   2. For the purposes of Article 1 , proof of status
which they were first exported, had the products                as originating products within the meaning of that
used been incorporated in that first . country.                 Article shall, in the case of products that have merely
                                                                remained in one of the CACM countries or have
                                                                undergone there no processing other than as
3 . In the cases referred to in paragraph 1 (b) no              specified in that Article and have ibeen exported
non-originating product may be incorporated if it               from that country to another CACM country, be
undergoes only working or processing as specified               established by (production of a certificate as referred
in Article 3 (2) of Commission Regulation (EEC)                 to in paragraph 1 issued as provided in that para­
 No 3200/76 of 21 December 1976.                                graph on the basis of the certificates of origin Form
                                                                A issued previously.
4. Notwithstanding the provisions of paragraph 1
and provided that all the conditions laid down in                                        Article 4
that paragraph are nevertheless fulfilled, the products
obtained shall not continue to be considered as
products originating in the first CACM country of               Notwithstanding the provisions of Article 6 of
exportation unless the value of the products worked              Commission Regulation (EEC) No 3200/76 of
or processed in that country represents the highest             21 December 1976, the products mentioned in
percentage of the value of the products obtained. If            Article 1 shall on importation into the Community
 this is not so, the latter products shall be considered        benefit from the provisions on tariff preferences
as originating in the CACM country where the added              referred to in that Article upon production of a cer­
value acquired represents the highest percentage of             tificate of origin Form A issued, on the basis of the
 their value.                                                   certificates of origin Form A issued previously, by
                                                                the authority in the CACM country from which the
                                                                products are exported to the Community.
                          Article 2
                                                                                         Article 5
 1 . For the     purposes of implementation of the
 provisions of   Article 1, the provisions of Article 4 of
 Commission       Regulation (EEC) No 3200/76 of                The certificates referred to in Articles 3 and 4 must
                                                                 contain :
 21 December     1976 shall apply.
                                                                — in box 4 'For official use' the name of the CACM
 2. In Article 1 ( 1 ) (b) and (4), ' added value' means             country in which the goods originate together
 Che difference between the ex-works price of the                    with one of the following phrases :
 goods obtained, less internal taxes refunded or                                      ' CUMUL MCAC'
 refundable on exportation from the country
 concerned, and the customs value of all the products                             ' CUMULATION CACM'
 imported into and worked or processed in that
 country.                                                       — in box 12 'Declaration by the exporter' a state­
                                                                     ment to the effect that the products satisfy die
                                                                     conditions of origin required by the generalized
                          Article 3
                                                                     system of preferences in order to be exported to
                                                                     the European Economic Community.
  1 . For the purposes of Article 1, proof of status as
 originating products within the meaning of Article 1                                    Article 6
  of Commission Regulation (EEC) No 3200/76 of
 21 December 1976 shall, in the case of products
 obtained in one CACM country and exported to                    1 . The (provisions of Articles 1 to 5 above shall
 another CACM country, be established by production              apply only in so (far as the rules regulating trade in
 of a certificate of origin Form A, a specimen oif which         the context of this Regulation between each of the
 is given in the Annex to Commission Regulation                  countries hereinbefore specified are identical to the
  (EEC) No 3200/76 of 21 December 1976. This                     provisions laid down in Commission Regulation
 certificate shall be issued by the governmental                  (EEC) No 3200/76 of 21 December 1976 and in this
 authorities of the country of export competent to               Regulation.
 ---pagebreak--- 30 . 12. 76                           Official Journal of the European Communities                            No L 361 /75
2. In addition, each CACM country undertakes to                                             Article 8
the Commission of the European Communities that
it will, through the Permanent Secretariat of the                  1 . Retrospective verification of the certificates Form
Central    American     Common Market           (hereinafter       A mentioned in Article 4 shall be carried out in the
referred to as SIECA), comply or ensure compliance                 circumstances specified in Article 13 of Commission
with the rules concerning the preparation and issue                Regulation (EEC) No 3200/76 of 21 December 1976.
of certificates of origin Form A and with those                    However, by way of derogation from the provisions
relative to administrative cooperation contained in                of paragraph 2 of that Article, the relevant customs
Articles 7 and 8 below.                                            authorities in the Community shall return the
                                                                   certificate of origin Form A to SIECA.
                         Article 7                                 2. The CACM countries shall communicate to the
                                                                   Commission the address of SIECA. The Commission
1 . Retrospective verifications       of the     certificates      shall communicate this information to the customs
Form A mentioned in Article 3 shall be carried out                 authorities of the Member States .
at random or whenever the authorities as referred to
in that Article of any CACM country where the                                               Article 9
products have either remained before their re-expor­
tation in the same state or have undergone working                 This Regulation does not apply to the products listed
or processing as specified in Article 1 have reasonable            in Annex II (A) to Commission Regulation (EEC)
doubt as to the authenticity of the document or as                  No 3200/76 of 21 December 1976.
to the accuracy of the information regarding the true
origin of the products in question.                                                        Article 10
2. For the purpose of applying the provisions of                   The Explanatory Note annexed to this Regulation
paragraph 1 , the authorities mentioned in that para­              forms an integral part thereof.
graph shall send the certificate of origin Form A to
SIECA, indicating where appropriate the reasons of                                         Article 11
form or substance for an enquiry. They sihall forward
any available information which tends to show that                 This Regulation shall enter into force on 1 January
the particulars on the said certificate are inaccurate.             1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 21 December 1976.
                                                                                    For the Commission
                                                                                      Finn GUNDELACH
                                                                                Member of the Commission
                                                            ANNEX
                                                 Explanatory Note to Article 1
              For the purposes or 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 Commission Regulation (EEC) No 3200/76 of 21 December 1976. 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.