CELEX: 51987PC0282
Language: en
Date: 1987-06-29
Title: Proposal for a COUNCIL REGULATION (EEC) on the application of Decision No /87 of the EEC-(A) Joint Committee supplementing and amending Protocol No 3 concerning the definition of the concept of originating products and methods of administrative cooperation, to provide for further simplification of documentation required as evidence of origin#Draft DECISION OF THE EEC-(A) JOINT COMMITTEE supplementing and amending Protocol No 3 concerning the definition of the concept of originating products and methods of administrative cooperation, to provide for further simplification of documentation required as evidence of origin#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 282
Vol. 1987/0169
 ---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) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
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conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
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 last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, 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 or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
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), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(87 ) 282 final
                                                   Brussels , 29 June 1987
                                 Proposal for a
                           COUNCIL REGULATION ( EEC )
on the application of Decision No         / 87 of the EEC-(A ) Joint Committee
  supplementing and amending Protocol No 3 concerning the definition of
    the concept of originating products and methods of administrative
           cooperation , to provide for further simplification of
               documentation required as evidence of origin
                                      Draft
                                    DECISION
                        OF THE EEC-(A) JOINT COMMITTEE      ,
  supplementing and amending Protocol No 3 concerning the definition of
    the concept of originating products and methods of administrative
           cooperation , to provide for further simplification of;>>^^
               documentation required as evidence of origin
                         (presented by the Commission )
(A) Austria , Finland , Iceland , Norway , Sweden , Switzerland
C0MC87 ) 282 final
 ---pagebreak---                                      ъ
                                                                   <L~H - lii;
                         EXPLANATORY MEMORANDUM
With the single document coming into force for trade between the Community
and EFTA, EFTA countries called for fresh progress to be made with the
simplification of documentation required as evidence of origin .
One step in this direction has already been taken : Decision 3/86 of the
various EEC-EFTA Joint Committees, replacing form EUR . 2 by a declaration
of origin on the invoice for consignments containing originating products
with a value of 4 400 ECU or less , and providing eventually for use of
the EUR.1 certificate as part of the simplified procedures . Under the
Decisions, these provisions are to enter into force on 1 July 1987 .
This new proposal envisages a further . simplification, which would enable
customs administrations to authorize approved exporters to state origin
on the invoice without any restrictions on the value of the goods .
The technical aspects of the proposal have been studied by origin experts ,
and have been approved by a majority of the delegations , only two ( Belgium
and Italy) having entered reservations on the principle of the simplification
envisaged .
The EFTA countries attach great political significance to this simplification ,
and the experts have not raised any technical objections . We would
therefore ask the Council to adopt a common position as soon as possible
on the attached proposal for a decision of the EEC-EFTA Joint Committees ,
so that the new procedure can be introduced at the earliest opportunity,
and in any case no later than 1 October 1987 .
 ---pagebreak---                                                                            O
                                                   Proposai for a
                                          COUNCIL REGULATION ( PEC )
                     on the application of Decision No .67 of the E^C- ( A)          Joint Committee                                 (
                              supplementing and amending Protocol No 3 concerning              ~               –
                                                                                                                                      >
                           the definition of the concept of originating products                                                      1
                           and methods of administrative cooperation , to provide
                           for further simplification of documentation required
                                             as evidence of origin
    THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                          .  Joint Committee has adopted Decision            No    '8 7
                                                                          supplementing and amending that Protocol ;
                                                                          Whereas it is necessary to apply that Decision in the
    Having regard to the Treaty establishing the European                 Community ,
    F.conomic Community , and in particular Article 113
    thereof.
                                                                           HAS ADOPTED THIS REGULATION :
    Having regard to the proposal from the Commission ,
                                                                                                    Article 1
    Whereas an Agreement between the European Economic                     Decision No         of the EEC- ( A )     Joint Committee
    Community and             IB)               ( ’ ) was signed on       shall apply in the Community .
        (C)       and entered into force on         ( 0)          ;
                                                                          The text of the Decision is attached to this Regulation .
    Whereas , by virtue of Article 28 of Protocol No 3
    concerning the definition of the concept of ‘originating                                        Article 2
    products' and methods of administrative cooperation ,
    which forms an integral part of the above Agreement , the              This Regulation shall enter into force on 1 October 198?
I
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     Stares .
I
                     Done at Brussels ,                1987
                                                                                               For the Council
                                                                                                The President
  I
      (A) Austria/ Finland/ Iceland/Norway/Sweden/Switzerland
            the  Repüolic of Austria                      ( C ) 22 July 1972                  ( D)   1 January 1973
            the  Repüolic of Finland                             5 October 1973                      1 January 1974
            the  Republic of Iceland                            22  July 1972                        1 April     1973
            the  Kingdom of Norway                              14  May 1973                         1 July      1973
            the  Kingdom of Sweden                              22  July 1972                        1 January 1973
            the Swiss Confederation                             22  July 1972                        1 January 1973
      (1 )   Austria          ; oj No L 300, 31.12.1972, p. 2
             Finland          ; CJ No L 328, 28.11.1973, p. 2
             Icelsrd          : GJ No L 301 , 31.12.1972 , p. 2
             Norway           ;   OJ No L 171 ,      27.06.1973, p. 2
             Sweden           ; OJ No L 300, 31.12.1972, p. 97
             Switzerland ; OJ No L 300, 31.12.1972, p. 189
 ---pagebreak---                                             ч
                                  Draft
                               DECISION
                      OF THE EEC-(A ) JOINT COMMITTEE
            supplementing and amending Protocol No 3 concerning
           the definition of the concept of originating products
           and methods of administrative cooperation , to provide
           for further simplification of documentation required
                           as evidence of origin
THE JOINT COMMITTEE,
Having regard to the Agreement between the European Economic Community
and ( B ), signed in Brussels on ( C ),
Having regard to Protocol No 3 concerning the definition of the concept
                                                                      (1 )
of originating products and methods of administrative cooperation          ,
and in particular Article 28 thereof ,
Whereas under the simplified procedures , the documentation constituting
evidence of originating status can be still further simplified by allowing
approved exporters as defined in Article 13(2) of the abovementioned
Protocol to make a declaration of origin on the invoice instead of using
an EUR.1 movement certificate;
Whereas the spread of computerization and the transmission of invoices
by means of telecommunications media pose problems as regards the hand¬
written signature of declarations of origin on invoices;
(A) Austria, Finland, Norway, Sweden, Switzerland, Iceland
( B)  The Republic of Austria   ( C ) 22 July 1972    (1 ) O.J L  323,   11.12.1984, p.4
      The Republic of Finland         5 October 1973       O.J L  323,   11.12.1984, p.67
      The Kingdom of Norway             14 May 1973        O.J L  323,   11.12.1984, p.129
      The Kingdom of Sweden             22 July 1972       O.J L  323 ,  11.12.1984, p.253
      The Swiss Confederation           22 July 1972       O.J L  323 ,  11.12.1984, p.315
      The Republic of Iceland           22 July 1982       O.J L  323,   11.12.1984, p. 377
 ---pagebreak--- Whereas it is desirable, so as not to inhibit the expansion of these
modern invoicing systems , that the authorizations accorded to approved
exporters wishing to use such systems should waive the need for handwritten
signature of the origin declarations ; whereas exporters accorded such an
authorization should nevertheless be obliged to comply with the conditions
laid down for that purpose by the customs authorities of the exporting
country;
Whereas the conditions and procedures relating to the above simplification
should be set out in Article 13 of Protocol No 3 ,
HAS DECIDED AS FOLLOWS :
 ---pagebreak---                                        - €-
                                         Article 1
Protocol No 3 to the Agreement between the European Economic Community and
         (Q)                   is hereby amended as follows :
1 ) Article 8(1 )        is     replaced by the following :
     " 1 . Originating products within the meaning of this Protocol shall , on
       import          into the Community or into ( A )     benefit from the
       Agreement upon submission of one of the following :
   a ) an EUR . 1 movement certificate , hereinafter referred to as
          " an EUR . 1 certificate ", or an EUR . 1 certificate , valid for
          a long term , and invoices referring to such certificate ,
          made out in the framework of the provisions laid down in
         Article 13 « A specimen of the EUR . 1 certificate is given
          in Annex V to this Protocol ;
   b ) an invoice bearing the exporter 's declaration as given in
         Annex VI to this Protocol , made out in the framework of the
          provisions laid down in Article 13 ;
   c ) an invoice bearing the exporter 's declaration as given in
         Annex VI to this Protocol , made out by any exporter for any
          consignment consisting of one or more packages containing
         originating products whose total value does not exceed 4.400
         ECU ."
  2 ) Article 13 shall be replaced by the following :
       " Article    13
        i . Notwithstanding     Articles 9(1 ) to (7) and 10(1 ), (4) and (5)
       of this Protocol , a simplified procedure for the issue of      the documentation
         relating to the evidence of origin is applicable under the terms of the
         provisions set out below .
 ---pagebreak---  2 . The customs authorities in the exporting State may authorize any
 exporter , hereinafter referred to as " approved exporter", who makes
 frequent shipments for which EUR . 1 certificates may be issued , and who
offers to the satisfaction of the customs authorities all guarantees
necessary to verify the originating status of the goods , not to submit to
the customs office in the exporting State at the time of export either
 the goods or the application for an EUR.l certificate relating to those
goods , for the purpose of obtaining an EUR.l certificate under the
conditions    laid down in Article 9(1 )       to  (4)  of  this Protocol .
  3 . In addition , the customs authorities may authorize an approved
  exporter to draw up EUR.l certificates , valid for a maximum period of one
  year from the date of issue hereinafter referred to as " LT-certif icate
 Tne authorization shall be granted only where the originating status of the goods to be
 exported is expected to remain unchanged for the period of validity of the LT certificate . If
  any goods are no longer covered by the LT certificate , the approved
  exporter shall immediately inform the customs authorities who gave the
  authorization .
  where the simplified procedure applies , the customs authorities of the
  exporting State may prescribe the use of EUR.l certificates or
  LT certificates bearing a distinctive sign by which they may be
  identified .
      The authorization referred to in paragraph 2 and > shall stipulate , at the
 choice of customs authorities , that box 11 , " customs endorsement ", of the
EUR.l certificate must :
a ) either be endorsed beforehand with the stamp of the competent customs
                  the exporting State and the handwritten or non-handwrit ten
      signature of an official of that office : or
b ) be endorsed by the approved exporter with a special stamp which has
     been approved by the customs authorities of the exporting State and
     corresponds to the specimen given in Annex VII to this Protocol : this           this
     stamp may be preprinted on the form .
Box n " customs endorsement ", of the EUR.l certificate shall be
completed if necessary by the approved exporter .
 ---pagebreak---  5 . In the cases referred to in paragraph 4 ( a ), one of the following
  phrases shall be entered in box 7 , " Remarks ", of the EUR . 1 certificate :
  " Simplified procedure ", " Forenklet procedure ". "Vereinf achtes Verfahren ".
  " AnAouotcunEvn 61061x0010", " Procedure simplifiee ". " Procedura
  sempl if icata " . "Vereenvoudigde procedure ", " Procedimiento simplif icado ".
  "Yksinkertaistet tu menettely ", " Einfoldun afgreidslu ". " Forenklet
 prosedyre ", " Procedimento simplif icado " , " Forenklad procedur". The
  approved exporter shall if necessary indicate in box 13 , " Request for
 verification ", the name and address of the cus toms • authority competent to
 verify the EUR.1 certificate .
6 . In the case referred to in paragraph 3 , the approved ■                exporter shall
     also enter in box 7 of the EUR . 1 certificate one of the following
     phrases :
   " LT certificate galid until            " (date indicated in Arabie numerals ).
  " LT-cert i f i kat gyldigt indtil -          ",
  " LT- Certi f i cat gultig bis 1 ..        ",
   " jLOToionT'.iió LT ■ v 0 x v o v     UCXPV ...
   " certificato LT valido fino a ...            ",
 " certificat        LT valable jusqu' au ... ",
  '«LT skirteini gildir til>         !.. ",
  " certificado LT válido hasta el ...
  "LT - cer-ti f i caat geldig tot en met       _
  " LT-serti f i kat gyldig intil _        ",
  " LT-todistus voimassa _ saakka ",
  " LT-certi f i kat giltigt till _ ",
 " certificado LT valido até _ ",
   and a reference to the authorization under which the relevant LT certi ¬
   ficate has been issued .
   The approved exporter shall not be required to refer in box 8 and box 9 of the
   LT certificate to the marks and numbers and number and kind of packages and the
    gross weight (kg) or other measure Clitres , m3, etc .)                  Box 8 nust however cental
   a description and designation of the goods which is sufficiently precise to allow for their
    identification.
                                                                                                       1
                                                                                                       1
                                                                                                       1
 ---pagebreak---    7v Notwithstanding       Article  12(1 )  and  ( 3 ), the    LT certificate
  must be submi tt ed to the customs office of import at or before the first
  importation of any goods to which it relates .         When the importer carries
  out the customs clearance at 'Several customs offices in the State of
  importation , the customs authorities may request him to produce a copy of
  the LT certificate to all of those offices .
         Where an LT certificate has been submitted      to the customs
  authorities , the evidence of the originating status of the imported goods
  shall , during the validity of the LT certificate , be given by invoices
  which satisfy the following conditions :
  a ) when an invoice includes both goods originating in the Community or
        one of   the countries  referred to in Article    2(1 ) of this Protocol and
        non-originating goods , the exporter shall distinguish clearly between
        these two categories .
  b ) the exporter shall state on each invoice the number of the LT certificate
       which covers the goods and the date of expiry of the certificate and the
       names of the country or countries in which the goods originate .
       The statement on the invoice made by the exporter of the number of the
       LT certificate with the indication of the country of origin shall
       constitute a declaration that the goods fulfill the conditions laid down
       in this Protocol for the acquisition of preferential origin status in
     ' trade between the Community and      (A) .
       The customs authorities in the exporting state may require the
       statement to be signed and be followed by the name of the signa¬
       tory in clear script .
 C)    the description and the designation of the goods on the        invoice shall be
       in sufficient detail to show clearly that the goods are        also listed on
       the LT certificate to which the invoice refers :
-d )   lh /* invoices can only.be made out for the goods exported during the
       period of validity of the relevant LT certificate . They may however be
       produced at the import customs office within four months of the date of
       their being made out by the exporter .
 ---pagebreak---                                     - ίο -
  9*   In the framework of the simplified procedures, invoices which
  satisfy the conditions of this article may be made out and/or trans ¬
  mitted using telecommunications or electronic data processing methods .
  Such invoices shall be accepted by the customs of the importing State
  as evidence of the originating status of the goods imported in accor¬
  dance with the procedures laid down by the customs authorities there .
  10 . Should the customs authorities of the exporting State identify any
  certificate and/or invoice issued under the provisions of this article
  and which is invalid in relation to any goods supplied , they shall
  immediately notify the customs authorities of the importing State of
  the facts .
  11 . The customs authorities in the exporting State may authorize an
  approved exporter to make out invoices bearing the declaration given
  in Annex VI to this Protocol in place of EUR . 1 certificates .
       The declaration made by the approved exporter on the invoice shall
  be signed in manuscript and must either :
  a ) have a reference to the approved exporter authorization number , or
  b ) be endorsed by the approved exporter with the special stamp mentioned
      in paragraph   4 ( b ) which has been approved by the customs authorities
      of the exporting State .    This stamp may be preprinted on the invoice .
  12 . However , the customs authorities in the exporting State may authorize
  an approved exporter hot to sign the statement in paragraph 8 ( b ) or the
  declaration referred to in paragraph 11 given on the invoice , when such
  invoices are made out and/or transmitted using telecommunications or
  electronic data processing methods .
       The said customs authorities shall lay down conditions for the imple ¬
  mentation of this paragraph including if they so require a written under¬
  taking from the approved exporter , that he accepts full responsibility
  for such statement and declaration as if they had in fact been signed .
\
 ---pagebreak---                                                   U
13 . In the authorizations referred to in paragraphs 2 f 3 and 11 the customs
   authorities shall specify in particular :
   a ) the conditions under which the appl icat 10ns . for EUP..1 certificates or for
       LT certificates are made or under which the -declaration concerning the
        origin of the goods is made on the invoice ;
   b ) the conditions under which these applications as well as a copy of
                              ' the invoices referring to an LT certificate
        and of the invoices bearing the exporter 's declaration are
        kept for at least two years ; in the case of LT certificates or
        invoices referring to an LT certificate , this period begins from the
        date of expiry of validity of the certificate .     These provisions shall
        also apply to the EUR.1 certificates or LT certificates and the
        invoices referring to an LT certificate , as well as to invoices
       bearing the exporter 's declaration , used as the basis for the
         issue of other evidences of origin         under the conditions
    laid down in the second subparagraph of Article 9(3 ) of this Protocol .
, 14 * The customs authorities in the exporting State may declare certain cate¬
   gories of goods ineligible for the special treatment provided for in
   paragraphs 2 , 3 and 11 .
1'5 . The customs authorities shall refuse the authorizations referred to in para
graph 2 , 3 and 11to exporters who do not offer all the guarantees which
  they consider necessary .
      The cus-toms authorities may withdraw the authorizations at any time .
      They must do so where the conditions of approval gre no longer satisfied
      or the approved exporter no longer offers those guarantees .
 ---pagebreak---                                         - 12-
       16 . The approved exporter may be required to inform the customs
         authorities , in accordance with the rules which they lay down , of goods
         to be dispatched by him . so that the competent customs office may make
         any verification it thinks necessary before the dispatch of the goods .
       17 . The - provisions of this Article shall not prejudice application of the
        rules of the Community , the Member States and        (A)            on customs
      ■ formalities and the use of customs documents .
3 ) In the first line of Article 14 , the expression "Article 8 ( 1 ) ( b )"
    shall be replaced by " Article 8(1)(C )".
4 ) In fine of Article 15 a ( 3 ) • the words " the declaration referred to
    in Article 8 ( 1 ) ( b )" shall be replaced by the words " the declarations
    referred to in Article 8 ( 1 ) ( b ) and ( c )".
                                      Article 2
 The EUR . 2 forms fulfilling the conditions set out in    Article 8 ( 1 ) Ct>) and
 Article 1 4 of Protocol No 3 to the Agreement between     the European Economic
 Community and           .( n )                   _
                                            as in force on  •30 Jane 1987         'may
 continue - to be completed and accepted until 30 j une       1988 . '
The provisions of Article 17 of the said Protocol concerning the sub¬
sequent verification shall also apply to the EUR . 2 forms mentioned above
                                       Article 3
 Thfs Decision shall enter into force on 1          October 1987 .
 Done at Bruss'els ,
                                                            For the Joint Committee
                                                                  The Chairman
 ---pagebreak---                                                     \*>                                  ANNEX
                                              " ANNEX VI
                           Déclaration rtferrtd to in Article 8(1 ) _Lb )          Ce )
    I , the undersigned , exporter of the goods covered by this document declare
    that except where other-wise indicated               the goods meet the conditions to
    obtain originating status in preferential trade with .                            and that
    the country of origin of the goods is .              . *“' .
                                                                            ( Place and date )
                                                                                  ( Signature )
                                                           ( The signature must be followed
                                                           by the name of the signatory m
                                                           clear script ).
  ? 1 )  «'h
         Au
               an invoice also includes products net originating ir           the Community .
               ta . .- inland , Iceland , Norway . Sweden or Switzerland      the exporter
         mu    clearly indicate them .
           hen an invoice also includes products having the status of products
           riginating m Spam m the sense of Article 24 or in the Canary
          slands , Ceuta and Melilla in the sense of Article 25 b of this Pro -
          ocol , the exporter must clearly indicate them until 31 December 1992
         respectively by means of the symbol " ES " and "CCM ".
( 2 ) The Community , Austria , Finland , Iceland , Norway , Sweden , Switzerland .
( 3 ) Reference can be made to a specific column of the invoice in which the
        country or origin of each product is entered ."
 ---pagebreak---                                      K
              COMPETITIVENESS AND   EMPLOYMENT IMPACT STATEMENT
   I.   What is the main reason for introducing the measure ?
        The proposals for the EEC-EFTA Joint Committees Decisions are
        intended to introduce a supplementary simplification in the
       documentation concerning the proof origin in trade between EEC
       and EFTA countries , by allowing the approved exporters to give
       proof of originating character of the goods by a declaration
       made on the invoice .
        Furthermore the exporters using computer systems and / or
       telecommunication for the making out and / or transmitting the
       invoices could also be exempted from using a hand written
       signature .
 II .  Features of the businesses in question
       This new simpli f i cati on should benefit all exporters making
       frequent shipments in the framework of EEC-EFTA Agreements whether
       they are or not big enterprises or SME 's .
 III . What obligations does this measure impose directly on businesses ?
       In allowing the approved exporters to make the origin declaration
       on the invoices instead of making out a special administrative
       document ( EUR . 1 certificate ) the proposal will reduce the
       administrative costs borne by the exporters .
 IV .  What indirect obligations are national , regional or local authorities
       likely to impose on businesses ?
       None .
  V. . Are there any special provisions in respect of SME 's ?
       Please specify :
       No ( see poi nt II ) .
 VI .  What is the likely effect on :
       a . the competitiveness of businesses ?
       b . on employment ?
       This cannot be estimated .
VII .  Have the relevant representative organisations been consulted ?
       No .