CELEX: 31974R2134
Language: en
Date: 1974-08-09 00:00:00
Title: Regulation (ECC) No 2134/74 of the Council of 9 August 1974 on the application of Recommendation No 1/74 of the EEC-ARE Joint Committee laying down the methods of administrative cooperation in the customs field for the purpose of implementing the Agreement between the European Economic Community and the Arab Republic of Egypt

14. 8 . 74                            Official Journal of the European Communities                         No L 225/ 1
                                                               I
                                            (Acts whose publication is obligatory)
                                 REGULATION ( EEC) No 2134/74 OF THE COUNCIL
                                                      of 9 August 1974
               on the application of Recommendation No 1 /74 of the EEC-ARE Joint
               Committee laying down the methods of administrative cooperation in the
               customs field for the purpose of implementing the Agreement between the Euro­
                              pean Economic Community and the Arab Republic of Egypt
THE COUNCIL OF THE EUROPEAN                                       Whereas it is necessary to implement the provisions
COMMUNITIES,                                                      of this Recommendation in the Community,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                 HAS ADOPTED THIS REGULATION :
thereof ;
Having regard to the proposal of the Commission ;                                         Article 1
Whereas an Agreement (') between the European                     For the purpose of implementing the Agreement
Economic Community and the Arab Republic of                       between the European Economic Community and the
Egypt was signed on 18 December 1972, and entered                 Arab Republic of Egypt the measures provided for in
into force on 1 November 1973 ;                                   Recommendation No 1 /74 of the Joint Committee
                                                                  shall apply in the Community.
Whereas pursuant to Article 17(2) of the Protocol
concerning the definition of the concept of 'origi­               The text of the Recommendation is annexed to this
nating products' and methods of administrative coop­              Regulation .
eration , which is an ' integral part of that Agreement,
the Joint Committee adopted Recommendation No                                              Article 2
 1 /74 laying down the methods of administrative coop­
eration in the customs field for the purpose of imple­            This Regulation shall enter into force on 1 September
menting the said Agreement ;                                      1 974 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 9 August 1974.
                                                                               For the Council
                                                                                 The President
                                                                               13 . DESTREMAU
(') OJ No 1 . 2*1 . 7 . y . I     p. 1
 ---pagebreak--- No L 225/2                        Official Journal of the European Communities                            14. 8 . 74
                                                      ANNEX
                         RECOMMENDATION OF THE JOINT COMMITTEE NO 1 /74
               laying down the methods of administrative cooperation in the customs field for
               the purpose of implementing the Agreement between the European Economic
                                 Community and the Arab Republic of Egypt
THE JOINT COMMITTEE,                                        A.ET.l form is duly completed . In particular, they
                                                            shall check whether the space reserved for the descrip­
Having regard to the Agreement between the Euro­            tion of the goods has been completed in such a
pean Economic Community and the Arab Republic of            manner as to exclude any possibility of fraudulent
Egypt signed in Brussels on 18 December 1972 ;              additions . To this end , the description of the goods
                                                             must be indicated without leaving any blank lines.
Having regard to the Protocol concerning the defini­        Where the space is not completely filled, a horizontal
tion of the concept of 'originating products' and           line must be drawn below the last line of the descrip­
methods of administrative cooperation , and in parti­       tion , the empty space being crossed through .
cular Article 1 7 (2) thereof ;
Whereas it is necessary, for the proper functioning of       2.     Since the movement certificate constitutes the
the Agreement, to organize close administrative coop­       documentary evidence for the application of the pref­
eration between the Contracting Parties to the Agree­       erential tariff and quota arrangements laid down in
ment in order to ensure correct and uniform applica­         the Agreement, it shall be the responsibility of the
tion of the customs provisions contained therein , in        customs authorities of the exporting country to take
particular those of the Protocol concerning the defini­      any steps necessary to verify the origin of the goods
tion of the concept of 'originating products' and            and to check the other statements on the certificate .
methods of administrative cooperation (hereinafter
called 'the Protocol '),
                                                             III . Exports from a Member State of the Euro­
HAS RECOMMENDED THE EUROPEAN ECONOMIC
COMMUNITY AND THE ARAB REPUBLIC OF EGYPT
                                                             pean Economic Community or from the Arab
                                                                                Republic of Egypt
to take the measures necessary for application of the
following provisions :                                        1.    The A.ET.l movement certificate shall be issued
                                                             by the customs authorities of a Member State of the
                                                             EuropeaYi Economic Community if the goods to be
A. RULES GOVERNING THE ISSUE OF AN A.ET.l                    exported can be considered products originating in
               MOVEMENT CERTIFICATE                          the Community within the meaning of Article 1 ( 1 ) of
                                                             the Protocol .
                 I. Role of the exporter
                                                             2.     The A.ET.l movement certificate shall be issued
1.    It shall be for the exporter or his authorized
representative, under the former's responsibility, to        by the customs authorities of the ARE if the goods to
apply for the issue of a movement certificate .              be exported can be considered products originating in
                                                             the ARE within the meaning of Article 1 (2) of the
                                                             Protocol .
This application shall be made out on an A.ET.l form
of which a specimen is to be found in Annex V to the
Protocol . The form must be completed in accordance          3.     For the purpose of verifying whether the condi­
with the provisions of the Protocol .
                                                             tions stated in paragraphs 1 and 2 of Section III above
                                                             have been met , the customs authorities shall have the
2.    The exporter or his representative shall submit
with his application any appropriate supporting docu­        right to call for any documentary evidence or to carry
ment proving that the goods to be exported are elig­         out any check which they consider appropriate .
ible for the issue of a movement certificate .
                                                             4.     The customs authorities of the Member State or
         II . Role of the customs authorities                of the ARE shall refuse to issue an A.ET.l movement
                                                             certificate if the export documents submitted to those
1.    It shall be the responsibility of the customs          authorities reveal that the goods to which they relate
authorities of the exporting country to ensure that the      are not being sent to the ARE or to the Community .
 ---pagebreak--- 14. 8 . 74                            Official Journal of the European Communities                            No L 225/3
IV. Indication of the date of issue of the certifi­             their possession . The duplicate issued in this way
                            cate                                must be endorsed with one of the following words :
                                                                ' Duplikat', 'Duplicata', 'Duplicato', 'Duplicaat', 'Dupli­
The date of issue of the movement certificate must be           cate'.
indicated in the part of the certificate reserved for the
customs authorities .                                           The duplicate, which must bear the date of issue of
                                                                the original movement certificate, shall take effect as
                                                                from that date .
V. Provisions of specimen impressions of the
                 types of stamps, used
The customs authorities of the Member States and the             B. CONDITIONS APPLICABLE TO THE USE OF
ARE shall provide each other, through the Commis­                           A.ET.l MOVEMENT CERTIFICATES
sion of the European Communities, with specimen
impressions of the types of stamps used in their
customs offices for the issue of movement certificates .                       I. Direct transport of goods
                                                                Goods transported without passing through territories
VI . Replacement of A.ET.l movement certifi­                    other than those of the Contracting Parties shall be
       cates by certificates of the same kind                    considered us transported direct.
 1 . It shall always be possible to replace one or more          The following shall, however, not be considered as an
movement certificates by one or more certificates,               interruption of direct transport :
provided that this is done at the customs office where           (a) calling at ports situated in territories other than
the goods are located .                                                those of the Contracting Parties ;
2.     Where the new movement certificate relates to             (b) transhipments in such ports attribuable to force
products which were originally imported from a                          majeure or events at sea ;
Member State or from the ARE and are re-exported in              (c) passing through territories other than those of the
the same state, it must indicate the country in which                  Contracting Parties or transhipment in such territo­
the original movement certificate was issued .                         ries provided that carriage or transhipment
                                                                       through such territories is covered by a single
VII . Retrospective • issue of movement certifi­                       transport document made out in a Member State
                            cates
                                                                       or in the ARE .
 1 . Where a certificate is issued within the meaning
                                                                 II . Acceptance of movement certificates after
of Article 8 (2) of the Protocol after the goods to
which it relates have actually been exported, the                   expiry of the time limit for their submission
exporter must, in the application referred to in Article         Movement        certificates submitted   to the   customs
7 of the said Protocol :
                                                                 authorities of the importing country after expiry of
— indicate the place and date of exportation of the              the time limit for their submission stipulated in
     goods to which the certificate relates ;                    Article 9 of the Protocol may be accepted for the
— certify that no certificate was issued at the time of          purpose of applying the preferential arrangements,
     exportation of the goods in question , and state the        provided the failure to observe this time limit results
     reasons .
                                                                 from force majeure or exceptional circumstances .
2.     The customs authorities may issue a movement               In addition , the customs authorities of the importing
certificate retrospectively only after verifying that the        country may accept such certificates provided the
particulars supplied in the exporter's application agree         goods were presented to them before expiry of the
                                                                 said time limit .
with those on the corresponding document.
Certificates issued retrospectively must be endorsed              III . Acceptance of movement certificates in
with one of the following phrases : ' Nachtraglich               which the particulars do not correspond to the
ausgestellt', Delivre a posteriori ', 'Rilasciato a poste­                              imported goods
riori', 'Afgegeven a posteriori ', ' Issued retrospectively',
' Udstedt efterfolgende '.                                       The discovery of slight discrepancies between the
                                                                  particulars entered on the movement certificate and
                VIII . Issue of duplicates                        those entered on the documents produced to the
                                                                  customs office for the purpose of carrying out the
In the event of the theft , loss or destruction of a move­        formalities for importing the goods shall not ipso
ment certificate , the exporter may apply to the                 jdcto render the certificate null and void , provided it
customs authorities which issued it for a duplicate               is duly established that the certificate relates to the
made out on the basis of the export documents in                 goods presented .
 ---pagebreak--- No L 225/4                        Official Journal of the European Communities                               14. 8 . 74
                   C. FREE ZONES                            the importing State have reasonable doubt as to the
I.    The Member States and the ARE shall take all
                                                            authenticity of the document or the accuracy of the
                                                            information regarding the true origin of the goods in
necessary stops to ensure that goods traded under the       question .
cover of a movement certificate , which in the course
of transport use a free zone situated in their territory,
are not substituted by other goods and that they do         II . For the purpose of implementing the provisions
not undergo handling other than normal operations           of paragraph I above, the customs authorities of the
designed to prevent their deterioration .                   importing State shall return the movement certificate
                                                            or Part 1 of the A.ET.2 form or a photocopy thereof,
II . When products originating in the Community             to the customs authorities of the exporting State,
or the ARE and imported into a free zone under the          giving, where appropriate , the reasons of form or
cover of a movement certificate undergo treatment or        substances for an inquiry. The invoice, if it has been
processing, the customs authorities concerned must          submitted, or a copy thereof, shall be attached to Part
issue a new certificate at the exporter's request if the     1 of the A.ET.2 form and tl^e customs authorities shall
treatment or processing undergone is in conformity          forward any information that has been obtained sugg­
with the provisions of the Protocol .                       esting that the particulars given on the said certificate
                                                            or the said form are inaccurate .
D. POSTAL       PACKETS ( INCLUDING            PARCEL       If the customs authorities of the importing State
                         POST)                              decide to suspend application of the provisions of the
I.    Under the responsibility of the exporter, he or       Agreement while awaiting the results of the verifica­
his representative shall complete and sign the two          tion , they shall offer to release the goods to the
parts of an A.ET.2 form, of which a specimen is             importer subject to such safeguards as they consider
annexed to the Protocol .                                   necessary .
If the goods contained in the packet have already            III .     The customs authorities of the importing
                                                            State shall be informed of the results of the verifica­
been subject to verification in the exporting country       tion within three months . These results must be such
by reference to the definition on the concept of 'origi­
nating products', the exporter may refer to this check      as to make it possible to determine whether the
in the space reserved for 'Remarks' in the A.ET.2           disputed A.ET.l movement certificate or A.ET.2 form
form .                                                      applies to the goods actually exported, and whether
                                                            these goods can , in fact, qualify for the application of
II .   The exporter shall enter the title, 'A.ET.2',        the preferential arrangements.
followed by the serial number of the form on the
green label CI or customs declaration C2/ CP3 . He           IV.      When such disputes cannot be settled between
shall also enter both those numbers on the invoice           the customs authorities of the importing State and
relating to the goods contained in the packet.               those in the exporting State or when they raise a ques­
                                                             tion as to the interpretation of the Protocol, they shall
                                                             be submitted to the Customs Cooperation Committee .
E. SUBSEQUENT VERIFICATION OF A.ET.l MOVE­
     MENT CERTIFICATES AND A.ET.2 FORMS                     V.       For the purpose of the subsequent verification of
                                                             certificates, the customs authorities of the exporting
I.    Subsequent verification of A.ET.l      movement       country must keep the export documents, or copies of
certificates and A.ET.2 forms shall be carried out at        certificates used in place thereof, for not less than two
random , and also whenever the customs authorities of        years .
              Done at Cairo, 27 May 1974.
                                                                      For the Joint Committee
                                                                            The President
                                                                           M. ZOULFIKAR
                             The Secretaries
                    H. GAD-ELHAK       E. GERMANO