CELEX: 31995R3017
Language: en
Date: 1995-12-20 00:00:00
Title: Commission Regulation (EC) No 3017/95 of 20 December 1995 laying down provisions for the implementation of Council Regulation (EC) No 3036/94 establishing economic outward processing arrangements applicable to certain textile and clothing products reimported into the Community after working or processing in certain third countries

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31995R3017

Commission Regulation (EC) No 3017/95 of 20 December 1995 laying down provisions for the implementation of Council Regulation (EC) No 3036/94 establishing economic outward processing arrangements applicable to certain textile and clothing products reimported into the Community after working or processing in certain third countries  

Official Journal L 314 , 28/12/1995 P. 0040 - 0057

COMMISSION REGULATION (EC)  No 3017/95 of 20 December 1995 laying down provisions for the implementation of Council Regulation  (EC) No 3036/94 establishing economic outward processing arrangements applicable to certain textile  and clothing products reimported into the Community after working or processing in certain third  countriesTHE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3036/94 of 8 December 1994 establishing economic  outward processing arrangements applicable to certain textile and clothing products reimported into  the Community after working or processing in certain third countries  (1), and in particular  Article 3 (8) and Article 12 thereof, Whereas Article 4 of this Regulation provides that the competent authorities of the Member States  shall issue prior authorizations to applicants satisfying the conditions of the economic outward  processing arrangements for certain textile and clothing products; Whereas the smooth operation of the arrangements in the single market calls for uniform procedures  for issuing and checking such prior authorizations; Whereas the introduction of a standard application and prior authorization form will facilitate the  application of the arrangements in the single market, and in particular administrative cooperation  between the Member States; Whereas it should be possible for prior authorizations to be issued in any Member State and be  valid throughout the Community irrespective of the Member State of issue; whereas provision should  nevertheless be made for centralized control to prevent economic operators being allocated more  than their entitlement, such control taking the form of consulting the competent authorities of the  Member State in which the applicant is established or where his Community production takes place; Whereas a time limit should be fixed for the completion of any consultation that may prove  necessary between Member States; Whereas applications, prior authorizations and the documents belonging to them should be kept for a  prescribed period; Whereas economic operators must be notified of the authorities competent to issue prior  authorizations in each Member State; for that reason the Member States should transmit this  information to the Commission in order to publish it in the 'C` series of the Official Journal of  the European Communities; Whereas the administration of quotas should be facilitated by issuing prior authorizations in  respect of one category of compensating product and one processing country only; Whereas procedures for the issue of prior authorizations and the control of such essential aspects  as the origin of goods should be introduced; Whereas procedures should be introduced for the administration of the quantitative limits; Whereas in cases other than those provided for in Article 11 (3) of Regulation (EC) No 3036/94, the  granting of prior authorizations is subject to the quantities being available in accordance with  the procedures laid down in Annex VII to Council Regulation (EEC) No 3030/93 of 12 October 1993 on  common rules for imports of certain textile products from third countries  (2), as last amended by  Commission Regulation (EC) No 1616/95  (3); whereas the quantities available are allocated in the  chronological order in which applications are received by the Commission; Whereas a time limit must be set for exporting the export goods in order to ensure that amounts  charged against quantitative limits do not go unused; Whereas the measures applicable in the event of infringements being detected must be established to  ensure the smooth running of the procedure; Whereas the procedures for temporary export and for free circulation shall follow as closely as  possible the rules set down in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing  the Community Customs Code  (1), as well as Commission Regulation (EEC) No 2454/93 of 2 July 1993  laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing  the Community Customs Code  (2), as last amended by Regulation (EC) No 1762/95  (3); Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Committee on Economic Outward Processing Arrangements for Textiles, HAS ADOPTED THIS REGULATION: GENERAL Article 1 This Regulation lays down provisions for the application of  Council Regulation (EC) No 3036/94 establishing economic outward processing arrangements applicable  to certain textile and clothing products reimported into the Community after working or processing  in certain third countries, hereinafter referred to as the 'basic Regulation`, especially with  respect to the issue and control of prior authorizations. Article 2 Definitions 1.  For the purposes of Article 3 (2) of the basic Regulation, the  expression 'quantities available within the overall Community quota for the entire category and the  third country concerned` is understood to mean the quantities available in the framework of the  quota established for the year during which the quantity requested by an operator has been notified  to the Commission by the competent authorities which have received the application for the prior  authorization. 2.  For the purposes of Article 3 (4) (i) of the basic Regulation, the expression 'the overall  quantity for which he carried out OPT` is understood to mean the reimportation of compensating  products of a specific category and country under the economic outward processing arrangements  during the course of the year 1993 or the year 1994, the choice being left to the applicant. The  category, quantity and the third country corresponding to the chosen year shall be the reference  for the following years, an adjustment being made, if need be, of the quantities pursuant to  Article 3 (4) (2) and (3) and Article 3 (5) (5) and (6) of the basic Regulation. 3.  For the purposes of Article 3 (4) (3) of the basic Regulation, the equivalent quantities are to  be found in the equivalence table in Annex I of Regulation (EEC) No 3030/93. 4.  For the purposes of Article 3 (5) (3) of the basic Regulation the value of the Community  production is calculated on the basis of the normal ex factory price, exclusive of VAT, of  products, shown in Annex II of the basic Regulation that have been manufactured in the Community in  the previous year, whether in the applicant's factory or on his account by another manufacturer, as  much as the latter business does not also introduce a request for prior authorization for the same  Community production for the same period. 5.  The additional amounts, provided for in Article 3 (4) (2) and (5) (4) of the basic Regulation,  are allocated according to the maximum amounts shown in Annex III on the condition that the  applicant has effectively either reimported at least 50  % or exported an equivalent of at least 80   % of the quantity previously authorized in the framework of the economic outward processing  arrangements for the category and the country concerned. 6.  For the purposes of Article 3 (5) (5) and (6) of the basic Regulation, the 'quantities of  compensatory products` which shall be allocated for each category and third country to an applicant  as a past beneficiary, are those which the applicant has reimported the previous year under the  economic outward processing arrangements, reduced proportionately, where appropriate, to the  decline of this Community production due to economic outward processing operations carried out in  the course of the reference period. 7.  For the purposes of Article 5 (3) of the basic Regulation 'rate of yield` means the quantity or  percentage of compensating products obtained from the processing of a given quantity of the  temporary exported goods. GRANTING OF PRIOR AUTHORIZATIONS Article 3 Application for authorization 1.  An application  for the issue of a prior authorization shall be submitted to the competent authorities appointed by  the Member States using the form shown in Annex I, by or on behalf of a person satisfying the  conditions under Article 2 of the basic Regulation. The competent authorities may, under the conditions fixed by them, allow the submission of  applications to be transmitted or printed by electronic means which may, in order to allow for  simplification, depart from the format as contained at Annex I. However all documents and evidence,  required according to paragraph 3, must be available to the competent authorities. 2.  The application and all further correspondence shall be completed in the language, or in one of  the official languages, of the Member State in which the application is submitted and shall be used  throughout the procedure as regards the applicant. 3.  An application shall be accompanied by all documents or evidence, whether originals or copies,  the production of which is necessary for its examination, especially the contract concluded with  the undertaking responsible for carrying out the processing operations in the third country or any  written evidence considered to be equivalent thereto. Additional sheets may be appended to the application where there is a need to expand on certain  particulars required. Any document, evidence or sheet appended to the application shall constitute  an integral part thereof. The number of accompanying documents shall be mentioned in the  application. The competent authorities may request further information if this is required for the handling of  the application. Where appropriate, the competent authorities may accept references to an earlier  application in support of a new request. 4.  A request for prior authorization can only concern one category of compensating products and  one specific third country. 5.  When the request concerns products subject, in the named third country, to specific quantitive  limits with respect to economic outward processing, the applicant must declare that he has not and  will not introduce another request concerning the same category and third country to another Member  State's competent authorities, as long as he has not received a decision on his request for a prior  authorization. When he introduces a further request having received a prior authorization for a  category and a specific third country for the same quota period, the applicant must mention the  prior authorization obtained. 6.  The requests introduced on the basis of Article 3 (4) (1) of the basic Regulation may not cover  an amount superior to the total quantity for which the applicant has carried out outward processing  under the economic outward processing arrangements for the category and the country concerned in  the reference period, adjustments being made, where applicable, of the quantities pursuant to  Article 3 (4) (2) and (3) and Article 3 (5) (5) (6) of the basic Regulation. The requests introduced on the basis of Article 3 (5) (1) to (3) of the basic Regulation may not  cover for each country concerned, an amount superior to the one set out for the specific category  in Annex 3. The total value of processing in third countries requested in the application, where  applicable taking into account earlier authorizations for the same quota period, may not, however,  exceed 50  % of the value of the applicant's Community production as defined in Article 2 (4). 7.  The applicant must undertake to keep stock records in the Community which allow the customs  supervising office to control the quantities of the temporary export goods and the compensating  products reimported. 8.  In lodging an application signed by the applicant or his authorized representative, the  applicant expresses the intention to benefit from the arrangements, without prejudice to any  sanctions that may be taken under the rules in force in the Member States, and certifies that: -  the particulars given in the application are correct, -  the documents or evidence appended are authentic, and -  all obligations and conditions connected with the issuing and the utilization of the prior  authorization according to the basic Regulation or in the present Regulation are met or, where  appropriate, will be honoured. Article 4 Verification of the application 1.  Once they have received the application,  accompanied by all documents and evidence, the competent authorities verify its content. They may  request additional information if they consider the application is inexact or incomplete or does  not enable them to conclude that all the conditions for granting an authorization are met. 2.  When an applicant lodges a request with the competent authorities in a different Member State  to where he is established or his Community production takes place, these competent authorities  shall consult the competent authorities of the Member States concerned. The latter authorities  shall communicate any information requested as soon as possible and not later than two weeks after  the date of the receipt of the request of information. Such consultations may be conducted in other  cases where appropriate. 3.  Where a condition for granting a prior authorization is not satisfied, the competent  authorities reject the application. The decision to refuse an application shall be set down in writing and sent to the applicant with  the grounds for refusal. Where the particulars provided by the applicant are incomplete, the  competent authorities set a time limit for completion of the application, in which case the  rejection may not precede the expiry of the time limit. 4.  If the competent authorities consider that all conditions for granting a prior authorization  are satisfied, they communicate to the Commission the quantity, category and third country  concerned, and in the event that the outward processing consists of obtaining from yarn fully  fashioned knitwear, the weight of yarn to be temporarily exported. Article 5 Issue, annulment, or revocation of a prior authorization 1.  The authorization shall  be issued by the competent authorities to which the application has been submitted on the form  shown in Annex II. The prior authorizations form shall be made out in three copies. The first, marked 'original` and  bearing the number 1, shall be issued to the applicant and the second, marked 'copy for the  competent authority` and bearing the number 2, shall be kept by the issuing authority, whereas the  third marked 'copy for the customs supervising office` and bearing the number 3 will be sent to the  customs supervising office, as defined in Article 13. In the event that the functions of the  customs supervising office are perfomed by the competent authorities to which the application has  been submitted, no copy No 3 is required. The prior authorization may be issued by electronic means as long as the customs offices involved  have access to this authorization across a computer network. 2.  When the application concerns a category of products whose release into free circulation in the  Community is subject to the measures provided for in Article 1 (3) of the basic Regulation, the  prior authorization is issued by the competent authorities only when the Commission has confirmed  the availability of the quantity notified by the authorities managing the request in accordance  with the procedures laid down in Annex VII of Regulation (EEC) No 3030/93. The Commission will  respond to all applications immediately, wherever possible, by electronic means. When the application concerns a category of products not subject to quantitative limits pursuant to  Article 11 (3) of the basic Regulation, the prior authorization is issued once the quantities have  been notified to the Commission. 3.  A prior authorization can only concern one category of compensating products and one specified  third country. 4.  In so far as the Commission has confirmed the availability of the quantity requested within the  quota limit concerned, the competent authorities shall issue the prior authorization within no more  than five working days, counting from the date of receipt of confirmation from the Commission. 5.  The competent authorities will register the quantities requested by and granted to the  beneficiaries and ensure, if necessary in cooperation with the competent authorities of the other  Member States concerned, that these quantities do not exceed those referred to in Article 3 (4) and  (5) of the basic Regulation. 6.  Article 497 (3) of Regulation (EEC) No 2454/93, shall apply mutatis mutandis where the  applicant requests to modify a prior authorization. 7.  Should the competent authorities become aware of the fact that one of the conditions for  granting authorization is or has not been satisfied, Articles 8, 9 and 10 of Regulation (EEC) No  2913/92 concerning the annulment and revocation of a decision shall apply to prior authorizations. Article 6 Partial prior authorization 1.  At the request of the holder of a prior authorization  and on presentation of copy No 1 of that authorization, one or more partial prior authorizatzions  may be issued by the competent authorities of the Member State which have issued the prior  authorization. They may authorize the customs supervising office to issue partial authorizations. 2.  The authorities issuing partial authorizations shall charge the quantities concerned against  copies Nos 1, 3 and possibly 2 of the initially granted prior authorization. In such cases, the  entry 'partial authorization` shall be made on copies Nos 1, 3 and possibly 2 against the  quantities charged and shall refer to the number in the initial authorization. In the event that  copy No 3 has already been sent to the customs supervising office, the competent authorities shall  inform the customs supervising office about the partial prior authorization. Where the issue of one  or more partial authorizations discharges the initial prior authorization, the competent  authorities shall retain copy No 1 of this prior authorization and shall inform the customs  supervising office. 3.  The partial authorization shall be marked 'Partial prior authorization` and shall be treated  under the same rules as normal prior authorizations. 4.  Without prejudice to Article 10, one partial prior authorization may not give rise to the issue  of another partial authorization. Article 7 Territorial validity Prior authorizations shall be valid in all Member States and may  be presented in any customs office competent for the handling of the economic outward processing  arrangements. Prior authorizations delivered by electronic means may only be used in customs  offices having access to these authorizations across a computer network. Article 8 Transfer Prior authorizations may not be transferred and can only be used by the  person named in the authorization or by his authorized representative. Article 9 Retention of documents 1.  The competent authorities shall keep appplications and  accompanying documents together with copy No 2 of any prior authorization issued. 2.  In the event of a prior authorization being granted, the original or a copy of the application,  the accompanying documents and the authorization shall be kept by the applicant and the competent  authorities for a period of at least three years from the end of the calendar year of issue of the  authorization. 3.  If the application is rejected or the prior authorization is annulled or revoked, the  authorization or decision rejecting the application and any accompanying documents shall be kept  for at least three calendar years from the end of the calendar year in which the application was  rejected or the authorization annulled or revoked. Article 10 Loss and replacement authorization 1.  If a prior authorization is lost, the  competent authorities who have issued the original authorization may issue a replacement  authorization, at the holder's request. The application for a replacement shall include a signed  declaration, assuring the authorities that the prior authorization has been lost and will not be  used if found, but returned immediately to the issuing authority. 2.  The replacement authorization shall bear the same information and entries as the document  replaced. It shall be issued for a quantity of goods corresponding to the quantity available on the  lost document. Where this quantity cannot be proven, no replacement authorization may be issued. The replacement authorization shall be marked either 'Replacement prior authorization` or  'Replacement partial prior authorization` and shall be treated under the same rules as normal prior  authorizations. 3.  In the event of a replacement authorization being lost, no further replacement authorization  may be issued unless exceptional circumstances prevail. Article 11 Competent authorities The Member States shall designate the authorities competent  for the issue of prior authorizations and shall notify the Commission accordingly. The Commission  shall publish this information in the 'C` series of the Official Journal of the European  Communities. Article 12 Deadlines 1.  When issuing a prior authorization, the Member States competent  authorities shall fix a period during which the goods must undergo temporary export formalities.  This period shall not exceed six months. Nevertheless, at the request of the holder, the competent  authorities may extend the period to a total duration of nine months. 2.  The competent authorities shall fix a time limit for the reimportation of the compensating  products taking account of the period necessary for the processing of the goods. This period shall  be calculated from the date of completion of the temporary export formalities. The period may be  extended at the holder's request if circumstances so warrant. 3.  The holder of a prior authorization shall return the authorization to the competent authorities  as soon as it has been fully utilized or as soon as it becomes apparent that it will not be fully  used. If the holder needs the authorization for outstanding reimports of compensating products, he  shall contact the competent authorities who will take the appropriate measures and inform the  customs supervising office. FUNCTIONING OF THE ARRANGEMENTS Article 13 The customs supervising office 1.  Without  prejudice to Article 14 (5), the customs office indicated in the prior authorization, competent for  the handling of the economic outward processing arrangements and to be called the 'customs  supervising office`, will control the functioning of the arrangements, notably on the basis of: (a)  copy No 3 of the prior authorization; (b)  copies of the export and import declarations; (c)  the stock records mentioned in Article 3 (7). 2.  It shall inform the competent authorities if it becomes aware that less than the quantities  corresponding to the allocated quantities are exported. 3.  Member States may charge the authorities competent for the issuing of prior authorizations with  some or all the functions of the customs supervising office. Article 14 Entry of the goods for temporary export and free circulation 1.  Where no specific  provision exists in this Regulation, or the basic Regulation, the relevant provisions of  Regulations (EEC) No 2913/92 and (EEC) No 2454/93 shall apply. 2.  The customs office carrying out the formalities for temporary export shall inform the customs  supervising office by a copy of the export declaration. 3.  The customs office carrying out the formalities for entry into free circulation shall: -  charge the quantities reimported against the prior authorization, and -  inform the customs supervising office by a copy of the import declaration. 4.  The information required may be furnished by electronic means as long as it gives the same  guarantee and on condition that the customs office involved have access to the prior authorization  across a computer network. 5.  Where an authorization for outward processing according to Regulation (EEC) No 2913/92 exists  in parallel wih a prior authorization under the present Regulation, the competent authorities may  apply the relevant provisions of Regulations (EEC) No 2913/92 and (EEC) No 2454/93 for the control  of the procedure, in place of paragraphs 1 to 4 and of Article 13 (1). INFRINGEMENTS Article 15 1.  Customs offices detecting infringements of the rules laid down in  the present or the basic Regulation shall immediately notify the authority which issued the prior  authorization. 2.  Each Member State shall determine the sanctions applicable in cases where the competent  authorities find that an application for prior authorization contains false statements, made either  intentionally or as the result of serious negligence, or that any other rule laid down in the  present or basic Regulation has been seriously infringed. ADMINISTRATIVE COOPERATION Article 16 1.  The competent authorities in the Member States shall  communicate to the Commission, at its request, wherever possible by electronic means, statistics on  goods reimported into their territory under this Regulation. The Commission shall communicate this information to the other Member States, wherever possible, by  electronic means. 2.  Where the competent authorities find that quantities have been totally, partially unused or  renounced within the meaning of Article 3 (4) and (6) of the basic Regulation they shall  communicate them, wherever possible via the integrated electronic network, immediately and no later  than 20 days after the date of expiry of the time limit for the exportation or the expiry of the  authorization. 3.  In application of Article 3 (4) and Article 4 (3) of the basic Regulation, the competent  authorities of the Member States shall communicate to the Commission, by category and by third  country, the total quantities reserved for the past beneficiaries, as well as the quantities  adjusted pursuant to Article 3 (4), (2) and (3) and Article 3 (5), (5) and (6) of the basic  Regulation, before 15 Janury of each year. 4.  In application of Article 2 (2) (c) of the basic Regulation, the Member States shall  communicate to the Commission a list of goods for which operators benefited in the previous year of  a percentage of more than 14  %, indicating each product's textile category, origin and quantity  (mass and supplementary unit as appropriate). FINAL PROVISIONS Article 17 Regulations (EEC) No 1828/83  (1) and (EC) No 1816/95  (2) are  hereby repealed. This repealing does not affect the validity of any prior authorization issued in  application of these Regulations. This Regulation shall enter into force on 1 January 1996. Existing application and prior authorization forms may continue to be used, however, until 30 June  1996. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 20 December 1995. For the Commission Mario MONTI Member of the Commission (1)  OJ No L 180, 5. 7. 1983, p. 16.  (2)  OJ No L 175, 27. 7. 1995, p. 21.   ANNEX I >REFERENCE TO A FILM>>START OF GRAPHIC>QUESTIONS 24 TO 27 AND 32, NEED ONLY BE  COMPLETED ONCE PER YEAR. (COMPLETE QUESTIONS 29 TO 31 IN EACH APPLICATION) YES NO  24.  Do you manufacture goods which are similar to and at the same stage of processing in your own  factory within the EU as the products to be reimported? (Article 2 (2)  (a) of Regulation (EC) No 3036/94) 25.  Are the main manufacturing processes of the similar goods performed in your own factory within  the EU (i.e. sewing and assembly or knitting in the case of fully-fashioned garments obtained from  yarn)? (Article 2  (2)  (a) of Regulation (EC) No 3036/94) 26.  Have you maintained your textile manufacturing activity in the EU with respect to the nature  of the products and their quantities? (If not, please indicate reasons or make reference to past correspondence) (Article 3  (3) of Regulation No 3036/94) 27.  Has your level of employment decreased? (If so please indicate reasons and attach statistics,  if necessary, or make reference to past correspondence) (Article 5  (4) of Regulation (EC) No 3036/94) 28.  Have you applied for a prior authorization in another Member State for the same quota period? (If so please attach a copy or make reference to past correspondence) (Article 3  (4) or (5) of Regulation No 3036/94) 29.  Are you applying as a past beneficiary with regard to the category and country concerned? (If so please attach justification or make reference to past correspondence) (Article 3  (4) of Regulation No 3036/94) or 30.  Is this a new application with regard to the category and country concerned? (If so please attach justification - or make reference to past correspondence - that the value of  third country processing will not exceed 50  % of the value of your Community production in the  previous year) (Article 3  (5)  (2) and (3) of Regulation No 3036/94) if you have answered question 30, 31.  Are you applying for a further authorization with regard to the category and country  concerned? (If so please attach evidence - or make reference to past correspondence - that 50  % of your  previous authorization has been reimported or that 80  % has been exported) (Article 3  (5)  (4) of Regulation No 3036/94) and lasty, if you have anwered question 30, 32.  Does the value of your Community production in the previous year include subcontract  production? (If so, and you have not yet given this information, please attach declarations from subcontractors  that they will not apply for the same quantities) (Article 2  (2)  (a) of Regulation No 3036/94) I, the undersigned, hereby declare that the particulars contained in this application are accurate  and the documents enclosed are authentic and I submit the following documents: 1.  contracts, 2.  proof of origin of the goods temporarily exported, and 3.  other documents to support this application (numbered). I also undertake: (i) to present at the request of the competent authorities any supplementary documentation or  information they consider necessary to issue the prior authorization and to accept, if need be, the  control by the competent authorities of the stock records relating to the authorization; (ii) to retain such stock records for a period of three years from the end of the calendar year to  the issue of the authorization(s); (iii) to make clearly identifiable the goods temporarily exported and reimported; (iv) to make available all other evidence or samples the competent authorities deem necessary to  control the use of this authorization; and (v) to return the prior authorization at the latest within 15 days of the expiry period. I request the issue of a prior authorization for the goods detailed in the application. Signed  Name  Date  Position with company  (Please state if you ar acting as a representative in the name of and on behalf of another person  and attach a copy of your authority to act on their behalf).  >END OF GRAPHIC> ANNEX II >REFERENCE TO A FILM>>REFERENCE TO A FILM>>REFERENCE TO A FILM>>REFERENCE TO  A FILM>>REFERENCE TO A FILM>>REFERENCE TO A FILM> ANNEX III Maximum amounts referred to in Article 3, (5) of the basic Regulation >TABLE  POSITION>