CELEX: 51973DC1088
Language: en
Date: 1973-07-02
Title: PROJECT OF RECOMMENDATION OF THE COUNCIL OF ASSOCIATION laying down the methods of administrative cooperation in the customs field for the purpose of implement ing the Agreement between the European Economic Community and Cyprus (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1088
Vol. 1973/0197
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUR.OEBAN. COMMONTIIES
                                                               COM(73)1088 final
                                                               Brussels , 2 July 1973
                                     PROJECT OF
                    RECOMMENDATION OF THE COUNCIL OF ASSOCIATION
              laying down the methods of administrative cooperation
             in the customs field for "the purpose of implementing the
                Agreement "between the European Economic Community
                                  and Cyprus
                    ( submitted to the Council by the Commission)
  C0L;(73 ) 1083 final
 ---pagebreak---                              EXPLANATORY NOTE
Article 17 of the Protocol concerning the definition of the concept
of " originating products " and methods of administrative co-operation ,
which formed an integral part of the Agreement setting up an Association ,
provides that the Council of Association EEC-Cyprus shall draw up
any recommandations necessary for the application of the Protocol
especially the provisions relating to the methods of administrative
co-operation so that such methods may be applied in due course in
the Member States and in Cyprus .
The Customs experts of the Member States delivered a favorable Opinion
on the proposals in this draft recomrrandation of the Council of
Association CEE-Cyprus , which is intended to define closely a system
of administrative co-operation between the Contracting Parties to the
Agreement to ensure that the customs provisions of the Agreement are
efficiently applied .
 ---pagebreak---                                      PROJECT OF
                   KECOlUIErtDATIOlI OP ?EE COUUCIL OF ASSOCI/iTIOII
            laying down the methods of administrative cooperation.
           in the customs field for the purpose of implementing the
              Agreement between the European . Economic Community
                                     and Cyprus
THE COUNCIL OF ASSOCIATION ,
HAVING REGARD to the Agreement between the European . Economic Community
and the Republic of Cyprus signed in Brussels on 19 December 1972 ;
HAVING REGARD to the Protocol concerning, the definition of the
concept of " originating products " and methods of administrative
cooperation , and in particular Article 17 ( 2 ) thereof ;
WHEREAS it is necessary , for the proper functioning of the Agreement ,
                 Y      :}
to organize close administrative cooperation between the Contracting
Parties to the Agreement in order to ensure correct and uniform
application of the customs provisions contained therein , in particular
those of the Protocol concerning the definition of the concept of
" originating products " and methods of administrative cooperation
(hereinafter called "the Protocol ");
 ---pagebreak--- HAS RECOMMENDED THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF
CYPRUS
to take the measures necessary for application of the following
provisions :
A.  RULES GOVERNING THE ISSUS OF AN A.CY.l MOVEMENT CERTIFICATE
         R°le of the exporter
         1 . It shall be for the exporter or his authorized representative ,
             under the former 's responsibility , to apply for' the issue
             of a movement certificate .
             This application shall be made out on an A.CY.l . form of which
             specimen is to be found in Annex V to the Protocol . The form ra
             be completed in accordance with the provisions of the Proto­
             col .
         2 . The exporter or his representative shall submit with his
             application any appropriate supporting document provxng
               /
             that the goods to be exported are eligible for the issue
             of a movement certificate .
    II . Role of the customs authori ties
         1 . It shall be the responsibility of the customs authorities of
             the exporting country to ensure that the A.CY.l form is duly
             completed . In particular , they shall check whether the space |
             reserved for the description of the goods has been completed
             in such a manner as to exclude any possibility of fraudulent
             additions . To this end , the description of the goods must be
             indicated without leaving any blank lines . Where the space
             is not completely filled , a horizontal line must be drawn
             below the last line of the description , the empty space
       ^     being crossed through .
 ---pagebreak---                                        - 3 -
        2 . Since the movement certificate constitutes the documentary-
             evidence for the application of the preferential tariff and quota
             arrangements laid down in the Agreement , it shall be the
             responsibility of the customs authorities of the exporting
             country to take any steps necessary to verify the origin of
             the goods and to check the other statements on the certificate .
III . Exports from a Member State of the European Economic Community ,
        or from Cyprus
        1 . The A. CJ. 1 movement certificate shall be issued by the customs
             authorities of a Member State of the European Economic Community
             if the goods to be exported can be considered products originating
             in the Community within the meaning of Article 1 ( 1 ) of the
             Protocol .
        2 . The A.CY.l . movement certificate shall be issued by the customs
             authorities of Cyprus if the goods to be exported can be considered
             products originating in Cyprus within the meaning of Article 1 ( 2 )
             of the Protocol .
        3 . For the purpose of verifying whether the conditions stated in
             paragraphs 1 and 2 of Section III above have, been met , the
             customs authorities shall have the right to call for any docu-
           • mentary evidence or to carry out any check which th6y consider
     • . ; appropriate .
        k . The customs authorities of the Member State or of Cyprus shall
             refuse to issue an A.CY.l movement certificate if the export
             documents submitted to those authorities reveal that the goods
             to which they relate are not being sent to Cyprus or ta the
             Community .
 ---pagebreak---                                  - k -
 IV . Indication of the date of issue of the certificate
       The date of issue of the movement certificate must be indicated
     , in the part of the certificate reserved for the customs authoritie
  V. Provisions of specimen impressions of the types of stamp , used
       The customs authorties of the Member States and Cyprus shall
       provide each other , through the Commission of the European
       Communities , with specimen impressions of the types of stamp . used
       in their customs offices for the issue of . movement certificates .
 VI . Replacement of A.CY.l movement certificates by certificates of
       the same kind
       1 . It shall always be 'possible to replace one or more movement
           certificates by one or more certificates , provided that this
           is done at the customs office where the goods are located .
       2 . Where the new movement certificate relates to products which
           were originally imported from a Member State or from Cyprus
           and are re-exported in the same state , it must indicate the
           country in which the original movement certificate was issued .
VII . Rétrospective issue of movement certificates
       1 . Where a certificate is issued within the meaning of Article 8(2,
           of the Protocol after the goods to which it relates have
           actually been exported , the exporter must , in the application
           referred to in Article 7 of the said Protocol :
                                                               •/ • • •
 ---pagebreak---                                                                            /
                                     - 5 -
             ( i ) indicate the place and date of exportation of the goods
                   to which the certificate relates ;
           ( ii ) certify that no certificate was issued at the time
                   of exportation of the goods in question , and state
                   the reasons .
       2 . The customs authorities may issue a movement certificate retro­
           spectively only after verifying that the information supplied
           in the exporter 's application agrees with that in the corresponding
           file .
           Certificates issued retrospectively must be endorsed with one
           of the following phrases : "NACHTRAEGLICH AUSGESTELLT" , "DELIVRE
           A POSTERIORI", "RILASCIATO A POSTERIORI ", "AEGEGSVEN A
           POSTERIORI ", ISSUED RETROSPECTIVELY", " UDSTEDT EFTERF0LGENDE" .
VIII . Issue o_f duplicates
       In the event of the theft , loss or destruction of a movement
       certificate , the exporter may apply to the customs authorities
       which issued it for a duplicate made out on the basis of the
       export document in their possession . The duplicate issued in
       this way must be endorsed with one of the following words :
       "DUPLIKAT" , " DUPLICATA", "DUPLICATO ", "DUPLICAAT" , "DUPLICATE".
       The duplicate , which must bear the date of issue of the original
       movement certificate , shall take effect as from that date .
                                                                •/ • • •
                                 I
 ---pagebreak---                                       - β -
B•  CONDITIONS APPL ICABLE TO THE USE OF A.CY.l MOVEMENT CER TIFICATES
    I. Direct transport of goods
         Goods transported without passing through territories other
         than those of the Contracting Parties shall be considered as
         transported direct .
         The following shall , however , not be considered--aa^an_-intexr'aptioji
         of direct transport :
         ( a ) calling at ports situated in territories other than those
                of the Contracting Parties ;
         ( b ) trans-shipments in such ports attributable to force majeure
                or events at sea ;
         ( c ) passing through territories other than those of the Contracting
                Parties or trans-shipment in such territories provided that
                carriage or trans-shipment through such territories is
                covered by a single transport document made out in a Member
                State or in Cyprus .
   II . Acc eptance of movement c ertifi c ates after expiry of the time limit
         f or.. the ir, submission
         Movement certificates submitted to the customs authorities of
         the importing country after expiry of the time limit for their
         submission stipulated in Article 9 of the Protocol may be accepted
       ' for the purpose of supplying the preferential arrangements ,
         provided the failure to observe this time limit results from
         force majeure or exceptional circumstances .
                                                              • /• • •
 ---pagebreak---         In addition to such cases j the customs authorities of the
        importing country may accept such certificates provided the
        goods were presented to them before expiry of the said time
        limit . .
  III . Acceptance of movement certificates i n which the part i culars
        do not correspond to the i mp orte d goods
        The discovery of slight discrepancies between the particulars
        entered on the movement certificate and those entered on the
        documents produced to the customs office for the purpose of
        carrying out the formalities for importing the goods shall
        not ipso facto render the certificate null and void , if it is
        duly established that the certificate relates to the goods
        presented .
FREE ZONES
    !.• The MemberiStates and Cyprus shall take all necessary steps to
        ensure that goods traded under the cover of a movement certificate
        and which in the' course of transport use a free zone situated in
        their territory are not replaced by other goods and that they
        do not undergo handling other than normal operations designed
        to maintain them in good condition .
   II . Where products- originating in the Community or Cyprus and imported
        into a free zone under the cover of a movement certificate undergo
        treatment or processing , the customs authorities concerned must
        issue a new certificate at the exporter 's request if the treat­
        ment or processing undergone is in conformity with the provisions
        of the Protocol .
 ---pagebreak---                                       - 8 -
D-   POSTAL PACKETS ( INCLUDING PARCEL POST)
      I. It shall be for the exporter or his representative , on the
          exporter 's responsibility , to complete and sign the two parts
          of an A.CY.2 form , of which a specimen is annexed to the
          Protocol .
          If the goods contained in the packet have already been checked
          in the exporting country by reference to the definition of the
          concept of " originating products ", the exporter may refer to this
          check in the space reserved for "Remarks " in the A.CY.2 form .
     II . On the green label C 1 or customs declaration C 2 / CP 3 > the
          exporter shall enter the number "A.CY.2 ", followed by its serial
          number . He shall also enter both those numbers on the invoice
          relating to the goods " contained in the packet .
E ° SUBSEQUENT VERIFICATION OF A .CY.l MOVEMENT CERTIFICATES AND
    A.CY.2 FORMS          '      '                          "
     I.   Subsequent verification of movement certificates and of A.CY.2
          forms shall be carried out at random , and also whenever the
          customs authorities of the importing State have reasonable doubt
          as to the authenticity of the document or the accuracy of the
          information regarding the true origin of the goods in question .
 ---pagebreak---                                                                            I
                                 - 9 -
  II . For the purpose of implementing the provisions of paragraph I ,
         the customs authorities of the importing State shall return .       I
         the movement certificate or part 1 of the A.CY.2 form , or a
         photocopy thereof , to the customs authorities of the exporting     ;
         State giving t where applicable , the formal or substantive
         reasons for an inquiry . To part 1 of the A.CY.2 form they
        ehall attach the invoice , if it has been submitted , or & copy
         thereof , and they shall forward any information that has been
         obtained suggesting that the particulars given on the said          I
         certificate or the said form are inaccurate .
         If the customs authorities of the importing State decide to
        suspend application of the provisions, of the Agreement while awaiti
         the results of the verification , they shall offer to release
         the goods to the importer subject to such safeguards as may
        be considered necessary .
III . The customs authorities of the importing State shall be informed j
        of the results of the verification within three months . These
        results must be such as to make it possible to determine              |
        whether the disputed movement certificate or A.CY.2 form applies
        the goods actually exported , and whether these goods are , in
        fact , eligible for the application of the preferential arrange­
        ments .                  1
 IV.    Where such disputes cannot be settled between the customs            1
        authorities of the importing State and those of the exporting
        State or where they raise a question as to the interpretation
        of the Protocol , they shall be submitted to the Customs
      . Committee .
                       1
                                                             m • m /m • c
 ---pagebreak---                           - 10 -
For the purpose of the subsequent verification of certificates,'
the customs authorities of the exporting country must keep the
export documents , or copies of certificates used in place
thereof , for not less thrui two years .
                             Done at Brussels, 2 July 1973
                             For the Council of Association
                             Chairman