CELEX: 31974R3107
Language: en
Date: 1974-12-05 00:00:00
Title: Regulation (EEC) No 3107/74 of the Commission of 5 December 1974 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 3106/74 of 5 December 1974 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

16 . 12. 74                          Official Journal of the European Communities                             No L 336/53
                             REGULATION (EEC) No 3107/74 OF THE COMMISSION
                                                   of 5 December 1974
              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 3106/74 of 5 December
              1974 on the definition of the concept of originating products for purposes of the appli­
              cation of tariff preferences granted by the European Economic Community in respect
                                     of certain products from developing countries
THE COMMISSION OF THE EUROPEAN                                   HAS ADOPTED THIS REGULATION :
COMMUNITIES ,
                                                                                           Article 1
Having regard to the Treaty establishing the
European Economic Community;                                     1 . Notwithstanding the provisions of Article 1 of
                                                                 Commission Regulation (EEC) No 3106/74 of
                                                                 5 December 1974, those products which have
Whereas for the application of the provisions                    acquired the character of originating products in
concerning the tariff preferences granted by the                 Indonesia, Malaysia, the Philippines, Singapore and
Community for certain products originating in                    Thailand (hereinafter referred to as ASEAN countries)
developing countries, the rules of origin are defined            are to be equally considered as products originating
for the conditions under which these products                    in one or another olf those countries, according to the
acquire the character of originating products, the               provisions of the Article 1 referred to above and
mode of proof and the terms as to verification                   which, after being exported from that country, have
thereof by Commission Regulation (EEC) No 3106/                  undergone no working or processing in any of the
74 (.*) of 5 December 1974 ;                                     other ASEAN countries or have not undergone
                                                                 sufficient working or processing there to confer on
                                                                 them the character of products originating in any of
Whereas the Association of South East Asian Nations              those countries by virtue of the provisions of the
has established very close economic cooperation                  Article 1 referred to above, provided that:
between Indonesia, Malaysia, the Philippines, Singa­             ( a) only products originating in any of the ASEAN
pore and Thailand (hereinafter referred to as ASEAN                   countries have been used in the course of the
countries); whereas the provisions relative to the                    working or processing ;
acquisition of tfhe character of originating products
laid down in Article 1 of Commission Regulation                  (b) when a percentage rule limits, in the Lists A and
 (EEC) No 3106/74 of 5 December 1974 may, with                        B referred to in Article 3 of the Regulation
the necessary adaptations, contribute to the facili­                  referred to above, the proportion in value of non­
tation of this cooperation and encourage the use in                   originating products that can be incorporated
one ASEAN country of products originating in the                      under certain circumstances, the added value has
other ASEAN countries ; whereas the said provisions                   been acquired in each <jf the countries in
should be amended accordingly and special rules for                   accordance with the percentage rule contained
the proof of the character of originating products and                in the said lists without any possibility of cumula­
methods of verification should be laid down ;                         tion from one country to another.
whereas for this purpose it is necessary to centralize
the requests for verification to a common adminis­
trative body of the aforesaid association ;                     2. For the purpose of implementing paragraph 1 (a ),
                                                                the fact that products other than those referred to
                                                                therein are used in a proportion not exceeding in
Whereas the measures provided for in this Regula­               total value 5 % of the value of the products obtained
tion are in accordance with the Opinion of the                  and imported into the Community does not affect
Committee on Origin,                                            the determination of origin of the latter products,
                                                                provided that the products so used would not have
                                                                caused them to l-ose the status of products originating
                                                                in one of the ASEAN countries from Which they had
                                                                been exported previously, had they been incorporated
(*) See page 1 of this Official Journal .                       there.
 ---pagebreak--- No L 336/54                         Official Journal of the European Communities                               16 . 12 . 74
3 . In the cases referred to in paragraph 1 ( b) no                                     Article 4
non-originating product may be incorporated if it
undergoes only the working or processing laid down             Notwithstanding the provisions of Article 6 of
in Article 3 (2) of Commission Regulation (EEC)                Commission Regulation (EEC) No 3106/74 of
No 3106/74 of 5 December 1974.                                 5 December 1974, the products mentioned in Article 1
                                                               shall on import to ithe Community benefit from the
4. Notwithstanding the provisions of paragraph 1               provisions on tariff preferences set out in chat Article
and provided that all the conditions laid down in              upon submission of a certificate of origin Form A
that paragraph are nevertheless fulfilled, the products         issued by the authority in the ASEAN country from
obtained shall not continue to he considered as                which the products are exported to the Community
products originating in the first ASEAN country of             on 'the basis of certificates of origin Form A issued
exportation unless the value of the products worked            previously.
or processed in that country represents the highest
percentage of the value of the products obtained.
If this is not so, the latter products are considered as
originating in the ASEAN country where the added                                        Article 5
value acquired represents the highest percentage of
their value .                                                  The certificates referred to in Articles 3 and 4 must
                                                               indicate :
                         Article 2                             — in box 4 'For official use' the ASEAN country
                                                                    in which the goods originate as well as one of the
1 . For the application of the provisions of Article 1 ,            following phrases :
the provisions of Article 4 of Commission Regulation
(EEC) No 3106/74 of 5 December 1974 are                                            'CUMUL ANASE '
applicable.                                                                   ' CUMULATION ASEAN'
2. For the application otf the provisions of Article 1         — in box 12 'Declaration by the exporter' that the
( 1 ) ( b) and (4), ' added value' shall be understood              products fulfil the conditions of origin required
as meaning the difference between the ex-works price                by the generalized system of preferences in order
of the goods obtained, less internal taxes refunded or              to be exported to the 'European Economic
refundable on exportation from the country                          Community'.
concerned and the customs value of all the products
imported and worked or processed in that country.
                                                                                        Article 6
                         Article 3
                                                               1 . The provisions of Articles 1 to 5 above are only
1 . Where Article 1 is applied, the proof of character         applicable in so far. as the rules regulating the trade
of originating products in ithe case of Article 1 of           between each of the countries cited above, in the
Commission Regulation (EEC) No 3106/74 of                      context of this . Regulation, aire identical to the
5 December 1974 df products obtained in the first              provisions laid down in Commission Regulation
ASEAN country and exported to another ASEAN                     (EEC) No 3106/74 of 5 December 1974 as well as
country is given by a certificate of origin Form A,            this Regulation .
a specimen of which is given in the Annex to
Commission Regulation (EEC) No 3106/74 of
5 December 1974. This certificate shall be issued by           2; In addition, each ASEAN country undertakes
the governmental authorities of the country of export          with the Commission of the European' Communities,
authorized for the issue of certificates of origin in the      through the Special Coordinating Cornmittee of
context of Commission Regulation (EEC) No 3106/                ASEAN (hereinafter referred to as SCCAN); to
74 of 5 December 1974.                                         respect, or to ensure respect for, the rules concerning
                                                               the making out and issuing of certificates of origin
2. Where Article 1 is applied, the proof of character          Form A as well as those relative to the administrative
of originating products — in the sense of that                 cooperation contained in Articles 7 and 8 below.
Article — of products that have been held or have
only undergone in one of the ASEAN countries the
processing laid down in that Article and exported
from that country to another ASEAN country is given                                     Article 7
by the certificate referred to in paragraph 1 and
issued under the conditions laid down in that para­            1 . Retrospective verifications of the certificates Form
graph, on the basis of the certificate of origin Fbrm A        A mentioned in Article 3 shall be carried out at
issued previously.                                             random, and whenever the authorities envisaged
 ---pagebreak--- 16 . 12 . 74                         Official Journal of the European Communities                                 No L 336/55
in that Article in the ASEAN countries where the                   2 . The ASEAN countries shall communicate to the
products have remained before their re-export in the               Commission the address of SCCAN — Special
same state or are submitted to the working or                      Coordinating       Committee         of   ASEAN.      The
processing envisaged in Article 1 have reasonable                  Commission shall comunicate this information to the
doubt as to the authenticity of the information                    customs authorities of itihe Member States .
regarding the true origin of the goods in question .
                                                                                             Article 9
2. For the purpose of applying the provisions of
paragraph 1 , the customs authorities mentioned in
that paragraph shall send the certificate of origin                This Regulation does not apply to the products listed
Form A to SCCAN — Special Coordinating Com­                        in ithe Annexes A of Council Regulations (EEC)
mittee of ASEAN — indicating in each case the                      No 3045/74 (*) and (EEC) No 3046/72 (2) of
                                                                   2 December 1974 .
reasons of form or substance which justify an
enquiry. They shall forward any information which
may be available and which tends to show that the                                           Article 10
particulars on the certificate or on the form are
inaccurate .
                                                                   The Explanatory Note annexed to this Regulation
                                                                   forms an iintegra'l part oi this Regulation.
                         Article 8
1 . Retrospective verification >of the certificates Form                                    Article 11
A mentioned in Article 4 are to be carried out in the
case envisaged in Article 13 of Commission Regula­                 This Regulation shall enter into force on 1 January
tion (EEC ) No 3106/74 of 5 December 1974.                         1975 .
However, by way of derogation from the provisions
of paragraph 2 of this Article the appropriate customs
authorities in the Community shall return the
certificate of origin Form A to SCCAN — Special                    O OJ No L 329, 9. 12 . 1974, p. 1 .
 Coordinating Committee of ASEAN.                                   (2) OJ No L 329, 9 . 12. 1974, p. 9.
              This Regulation shall be binding in its entirety and directly applicable in all Member States .
              Done at Brussels, 5 December 1974.
                                                                                      For the Commission
                                                                                            The President
                                                                                    Francois-Xavier ORTOLI
                                                          ANNEX
                                               Explanatory Note to Article 1
              For the purpose of implementing Article 1 ( 1 ) (b), the percentage rule must be observed by refer­
              ring, for the added value acquired, to the provisions contained in Lists A and B referred to in
              Article 3 of Commission Regulation (EEC) No 3106/74 of 5 December 1974. 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.