CELEX: 31976R3201
Language: en
Date: 1976-12-21 00:00:00
Title: Commission Regulation (EEC) No 3201/76 of 21 December 1976 derogating in respect of the countries of the Association of South East Asian Nations from Articles 1, 6 and 13 of Commission Regulation (EEC) No 3200/76 of 21 December 1976 on the definition of the concept of originating products for purposes of the application of tariff preferences granted by the European Economic Community in respect of certain products from developing countries

No L 361 /70                          Official Journal of the European Communities                             30. 12. 76
                                   COMMISSION REGULATION (EEC) No 3201/76
                                                     of 21 December 1976
              derogating in respect of the countries of the Association of South East Asian Nations
              from Articles 1, 6 and 13 of Commission Regulation (EEC) No 3200/76 of 21 December
              1976 on the definition of the concept of originating products for purposes of the applica­
              tion of tariff preferences granted by the European Economic Community in respect of
                                         certain products from developing countries
THE COMMISSION OF THE EUROPEAN                                   Whereas the measures provided for in this Regulation
COMMUNITIES,                                                     are in accordance with the opinion of the Committee
                                                                 on Origin,
Having regard to the Treaty establishing the Euro­               HAS ADOPTED THIS REGULATION :
pean Economic Community,
                                                                                          Article 1
Whereas, for the purposes of implementation of the
provisions concerning the tariff preferences granted             1 . Notwithstanding the provisions of Article 1 of
by the Community for certain products originating                Commission Regulation (EEC) No 3200/76 of
in developing countries, rules of origin are by                  21 December 1976, there shall also be considered as
Commission Regulation (EEC) No 3200/76 of                        products originating in Indonesia, Malaysia, the
21 December 1976 (*) laid down concerning the                    Philippines, Singapore or Thailand (hereinafter
conditions under which these products acquire the                referred to as ASEAN countries) those products
status of originating products and the mode of proof             which have in accordance with those provisions
and verification of their status ;                               acquired in one of those countries the status of orig­
                                                                 inating products and which after being exported
                                                                 from that country have undergone no working or
                                                                 processing in any other ASEAN country or have not
Whereas     the   Association     of  South     East   Asian     undergone sufficient working or processing in any
Nations has established close economic cooperation               such other country to confer on them by virtue of
between Indonesia, Malaysia, the Philippines, Singa­             the said provisions the status of products originating
pore and Thailand (hereinafter referred to as ASEAN              in that other country, provided that :
countries ); whereas the provisions relative to the
acquistion of t:he status of originating products laid            (a) only products originating in an ASEAN country
down in Article 1 of Commission Regulation (EEC )                     have been used in the course of such working or
No 3200/76 of 21 December 1976 may, with the                          processing ;
necessary adaptations, help facilitate this cooperation          (b ) where a percentage rule limits, in Lists A and B
and encourage the use in one ASEAN country of                         referred to in Article 3 of the Regulation referred
products originating in other ASEAN countries ;                       to above, the proportion in value of non-originat­
whereas the said provisions should be amended                         ing products that can be incorporated under
accordingly and special rules as to the mode of proof                 certain circumstances, the added value has been
and verification of the status of originating products                acquired in each of the countries in accordance
should be laid down ; whereas to this end it is                       with the said percentage rule and with the other
necessary to provide for requests for verification to                 rules contained in the said lists without any
be centralized with a joint administrative body of the                possibility of cumulation from one country to
aforesaid association ;                                               another.
                                                                 2. For the purposes of paragraph 1 ( a), the fact that
                                                                 products other than those referred to therein have
(*) See page 1 of this Official Journal.                         been used in a proportion not exceeding in total
 ---pagebreak--- 30. 12 . 76                         Official Journal of the European Communities                          No L 361 /71
value 5% of the value of the products obtained and             issue certificates of origin for the purposes of
imported into the Community shall not affect the               Commission Regulation          (EEC)   No 3200/76 of
determination of origin of the latter products,                21 December 1976.
provided that the products so used would not have
caused such latter products to lose the status of pro­
ducts originating in the ASEAN country from which              2. For the purposes of Article 1, proof of status as
they were first exported, had the products used been           originating products within the meaning of that
incorporated in that first country.                            Article shall, in the case of products that have merely
                                                               remained in one of the ASEAN countries or have
                                                               undergone there no processing other than as specified
3 . In the cases referred to in paragraph 1 (b) no             in that Article and have been exported from that
non-originating product may be incorporated if it              country to another ASEAN country, be established
undergoes only working or processing as specified in           by production of a certificate as referred to in
Article 3 (2) of Commission Regulation (EEC)                   paragraph 1 issued as provided in that paragraph on
No 3200/76 of 21 December 1976.                                the basis of the certificates of origin Form A issued
                                                               previously.
4. Notwithstanding the provisions of paragraph 1
and provided that all the conditions laid down in
                                                                                        Article 4
that paragraph are nevertheless fulfilled, the products
obtained shall not continue to be considered as
products originating in the first ASEAN country of             Notwithstanding the provisions olf Article 6 of
exportation unless the value of the products worked             Commission Regulation (EEC) No 3200/76 of
or processed in that country represents the highest            21 December 1976, the products mentioned in
percentage of the value of the products obtained. If           Article 1 shall on importation into tihe Community
this is not so, the latter products shall be considered        benefit from the provisions on tariff preferences
as originating in the ASEAN country where the added            referred to in that Article upon production of a
value acquired represents the highest percentage of            certificate of origin Fonm A issued, on the 'basis of
their value.                                                   the certificates of origin Form A issued previously,
                                                               by the authority in the ASEAN country from which
                                                                the products are exported to the Community.
                         Article 2
                                                                                        Article 5
 1 . For the purposes of implementation of the pro­
visions of Article 1 , the provisions of Article 4 of
 Commission Regulation (EEC) No 3200/76 of                      The certificates referred to in Articles 3 and 4 must
 21 December 1976 shall apply.                                  contain :
                                                               — in box 4 'For official use'        the name of the
2. In Article 1 ( 1 ) (b) and (4), 'added value' means              ASEAN country in which the goods originate
the difference between the ex-works price of the                    together with one of the following phrases :
goods obtained, less internal taxes refunded or
                                                                                     ' CUMUL ANASE'
 refundable on exportation from the country
 concerned, and the customs value of all the products                            ' CUMULATION ASEAN'
imported into and worked or processed in that
 country.                                                      — in box 12 'Declaration by the exporter' a state­
                                                                    ment to the effect that the products satisfy the
                                                                    conditions of origin required by the generalized
                         Article 3                                  system of preferences in order to ibe exported to
                                                                    the European Economic Community.
 1 . For the purposes of Article 1 , proof of status as
 originating products within the meaning of Article 1
 of Commission Regulation (EEC) No 3200/76 of                                            Article 6
 21 December 1976 shall, in the case of products
 obtained in one ASEAN country and exported to                  1 . The provisions of Articles 1 to 5 afoove shall
 another ASEAN country, be established by pro­                  apply only in so far as the rules regulating trade in
 duction of a certificate of origin Fortm A, a specimen         the context of this Regulation between each of the
 of which is given in the Annex to Commission Regu­             countries hereinbefore specified are identical to the
 lation (EEC) No 3200/76 of 21 December 1976. This              provisions laid down in Commission Regulation
 certificate shall be issued by the governmental                 (EEC) No 3200/76 of 21 December 1976 and in this
 authorities of the country of export competent to              Regulation.
 ---pagebreak---  No L 361 /72                         Official Journal of the European Communities                              30. 12. 76
2. In addition, each ASEAN country undertakes to                                           Article 8
the Commission of the European Communities that
it will, through the Special Coordinating Committee                 1 . Retrospective   verification of the    certificates
of ASEAN (hereinafter referred to as SCCAN),                       Form A mentioned in Article 4 shall be carried out
comply or ensure compliance with the rules concern­                in the circumstances specified in Article 13 of
ing the preparation and issue of certificates of origin             Commission Regulation (EEC) No 3200/76 of
Form A and with those -relative to administrative                  21 December 1976. However, by way of derogation
cooperation contained 'in Articles 7 and 8 below.                  from the provisions of paragraph 2 of that Article,
                                                                   the relevant customs authorities in the Community
                                                                   shall return the certificate of origin Form A to
                         Article 7                                  SCCAN .
                                                                   2 . The ASEAN countries shall communicate to the
1 . Retrospective verifications of the certificates Form            Commission the address of SCCAN . The Com­
A mentioned in Article 3 shall be carried out at
                                                                   mission shall communicate this information to the
random or whenever the authorities as referred to in
                                                                    customs authorities of the Member States .
that Article of any ASEAN country where the prod­
ucts have either remained before their re-exportation
in the same state or 'have undergone working or                                          Article 9
processing as specified in Article 1 have reasonable
doubt as to the authenticity of t!he document or as                This Regulation does not apply to the products listed
to the accuracy of the information regarding the true              in Annex II (A) to Commission Regulation (EEC)
                                                                    No 3200/76 of 21 December 1976.
origin of the products in question.
                                                                                          Article 10
2. For the purpose of applying the provisions of
paragraph 1 , the authorities mentioned in that para­              The Explanatory Note annexed to this Regulation
graph shall send the certificate of origin Form A to                forms an integral part thereof.
SCCAN, indicating where appropriate the reasons
of form or substance for an enquiry. They shall                                           Article 11
forward any available information which tends to
show that the particulars on tthe said certificate are             This Regulation shall enter into force on 1 January
inaccurate .                                                        1977 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 21 December 1976.
                                                                                    For the Commission
                                                                                     Finn GUNDELACH
                                                                                Member of the Commission
                                                            ANNEX
                                                 Explanatory Note to Article 1
              For the purposes of Article 1 ( 1 ) (b), the percentage rule must be observed by referring as
              regards the added value acquired to the provisions contained in Lists A and B referred to in
              Article 3 of Commission Regulation (EEC) No 3200/76 of 21 December 1976. Where the
              products obtained appear in List A, the percentage rule therefore constitutes a criterion
              additional to that of change of tariff heading for any non-originating product used.