CELEX: 31975R3216
Language: en
Date: 1975-12-03 00:00:00
Title: Regulation (EEC) No 3216/75 of the Commission of 3 December 1975 derogating in respect of the countries of the Central American Common Market from Articles 1, 6 and 13 of Commission Regulation (EEC) No 3214/75 of 3 December 1975 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 323 /56                          Official Journal of the European Communities                             15 . 12. 75
                            REGULATION (EEC) No 3216/75 OF THE COMMISSION
                                                   of 3 December 1975
              derogating in respect of the countries of the Central American Common Market from
              Articles 1, 6 and 13 of Commission Regulation (EEC) No 3214/75 of 3 December 1975
              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
THE COMMISSION OF THE EUROPEAN                                   HAS ADOPTED THIS REGULATION :
COMMUNITIES ,
                                                                                         Article 1
Having regard to the Treaty establishing the
                                                                 1 . Notwithstanding the provisions of Article 1 of
European Economic Community ;                                    Commission Regulation (EEC) No 3214/75 of
                                                                 3 December 1975, there shall also be considered as
                                                                 products originating in Costa Rica, El Salvador,
Whereas, for the purposes of implementation of the               Guatemala, Honduras and Nicaragua (hereinafter
provisions concerning the tariff preferences granted             referred to as CACM countries) those products which
by the Community for certain products originating in             have in accordance with those provisions acquired
developing countries, rules of origin are by Com­                in one of those countries the status of originating
mission Regulation (EEC) No 3214/75 ( x ) of                     products and which after being exported from that
3 December 1975 laid down concerning the
                                                                 country have undergone no working or processing
conditions under which these products acquire the                in any other CACM country or have not undergone
status of originating products and the mode of proof
and verification of their status :
                                                                 sufficient working or processing in any such other
                                                                 country to confer on them by virtue of the said
                                                                 provisions the status of products originating in that
                                                                 other country, provided that:
Whereas the Central American Common Market has
established a close economic cooperation between                 (a) only products originating in a CACM country
Costa Rica, El Salvador, Guatemala, Honduras and                      have been used in the course of such working
Nicaragua (hereinafter referred to as CACM                            or processing;
countries); whereas the provisions relative to the               (b ) where a percentage rule limits, in Lists A and B
acquisition of the status of originating products laid
                                                                      referred to in Article 3 of the Regulation referred
down in Article 1 of Commission Regulation (EEC)
                                                                      to above, the proportion in value of non-originat­
No 3214/75 of 3 December 1975 may, with the
                                                                      ing products that can be incorporated under
necessary adaptations, help facilitate this cooperation               certain circumstances, the added value has been
and encourage the use in one CACM country of
                                                                      acquired in each of the countries in accordance
products originating in other CACM countries ;
                                                                      with the said percentage rule and with the other
whereas the said provisions should be amended
                                                                      rules contained in the said lists without any
accordingly and special rules as to the mode of
                                                                      possibility of cumulation from one country to
proof and verification of the status of originating                   another.
products should be laid down ; whereas to this end
it is necessary to provide for requests for verification
to be centralized with a joint administrative body               2. For the purposes of paragraph 1 (a), the fact
of the aforesaid common market;                                  that products other than those referred to therein
                                                                 have been used in a proportion not exceeding in
                                                                 total value 5 % of the value of the products obtained
Whereas the measures provided for in this Regulation             and imported into the Community shall not affect
are in accordance with the Opinion of the Committee              the determination of origin of the latter products,
on Origin,                                                       provided that the products so used would not have
                                                                 caused such latter products to lose the status of
                                                                 products originating in the CACM country from
                                                                  which they were first exported, had the products
(*) See page 1 of this Official Journal.                          used been incorporated in that first country.
 ---pagebreak--- 15 . 12. 75                          Official Journal of the European Communities                           No L 323 /57
3 . In the cases referred to in paragraph 1 (b) no                                        Article 4
non-originating product may be incorporated if it
undergoes only working or processing as specified               Notwithstanding the provisions of Article 6 of
in Article 3 (2) of Commission Regulation (EEC)                 Commission Regulation (EEC) No 3214/75 of
No 3214/75 of 3 December 1975 .                                 3 December 1975 , the products mentioned in Article 1
4. Notwithstanding the provisions of paragraph 1                shall on importation into the Community benefit
and provided that all the conditions laid down in               from the provisions on tariff preferences referred
that paragraph are nevertheless fulfilled, the products         to in that Article upon production of a certificate of
obtained shall not continue to be considered as                 origin Form A issued, on the basis of the certificates
products originating in the first CACM country of                of origin Form A issued previously, by the authority
 exportation unless the value of the products worked             in the CACM country from which the products
or processed in that country represents the highest              are exported to the Community.
percentage of the value of the products obtained. If
this is not so, the latter products shall be considered
                                                                                          Article 5
 as originating in the CACM country where the
 added value acquired represents the highest
 percentage of their value.                                     The certificates referred to in Articles 3 and 4 must
                                                                 contain :
                          Article 2                              — in box 4 ' For official use' the name of the
                                                                       CACM country in which the goods originate
 1 . For the purposes of implementation of the                         together with one of the following phrases :
 provisions of Article 1 , the provisions of Article 4 of
 Commission Regulation (EEC) No 3214/75 of                                            ' CUMUL MCAC'
 3 December 1975 shall apply.
                                                                                  ' CUMULATION CACM'
 2. In Article 1 ( 1 ) (b) and (4), 'added value' means
 the difference between the ex-works price of the                — in box 12 'Declaration by the exporter' a
 goods obtained, less internal taxes refunded or                       statement to the effect that the products satisfy
 refundable on exportation from the country                            the conditions of origin required by the
 concerned, and the customs value of all the products                  generalized system of preferences in order to be
 imported into and worked or processed in that                         exported to the European Economic Community.
 country.
                                                                                          Article 6
                           Article 3
 1 . For the purposes of Article 1 , proof of status as           1 . The provisions of Articles 1 to 5 above shall
 originating products within the meaning of Article 1            apply only in so far as the rules regulating trade in
 of Commission Regulation (EEC) No 3214/75 of                    the context of this Regulation between each of the
 3 December 1975 shall, in the case of products                   countries hereinbefore specified are identical to the
 obtained in one CACM country and exported to                     provisions laid down in Commission Regulation
  another CACM country, be established by production              (EEC) No 3214/75 of 3 December 1975 and in this
  of a certificate of origin Form A, a specimen of which          Regulation.
  is given in the Annex to Commission Regulation
  (EEC) No 3214/75 of 3 December 1975 . This                      2. In addition, each CACM country undertakes to
  certificate shall be issued by the governmental                 the Commission of the European Communities that
  authorities of the country of export competent to               it will, through the Permanent Secretariat of the
  issue certificates of origin for the purposes of Com­           Central American Common Market (hereinafter
  mission Regulation (EEC) No 3214/75 of                          referred to as SIECA), comply or ensure compliance
  3 December 1975 .                                               with the rules concerning the preparation and issue
  2. For the purposes of Article 1 , proof of status              of certificates of origin Form A and with those
                                                                  relative to administrative cooperation contained in
  as originating products within the meaning of that              Articles 7 and 8 below.
  Article shall, in the case of products that have merely
  remained in one of the CACM countries or have
  undergone there no processing other than as                                             Article 7
  specified in that Article and have been exported
  from that country to another CACM country, be
  established by production of a certificate as referred           1 . Retrospective verifications of the certificates
   to in paragraph 1 issued as provided in that                   Form A mentioned in Article 3 shall be carried out
   paragraph on the basis of the certificates of origin           at random or whenever the authorities as referred
   Form A issued previously.                                       to in that Article of any CACM country where the
 ---pagebreak--- No L 323/58                           Official Journal of the European Communities                                 15 . 12. 75
products have either remained before their re­                      2. The CACM countries shall communicate to the
exportation in the same state or have undergone                     Commission the address of SIECA. The Commission
working or processing as specified in Article 1 have                shall communicate this information to the customs
reasonable doubt as to the authenticity of the                      authorities of the Member States.
document or as to the accuracy of the information
regarding the true origin of the products in question.
                                                                                             Article 9
2. For the purpose of applying the provisions of
paragraph 1 , the authorities mentioned in that                     This Regulation does not apply to the products
paragraph shall send the certificate of origin Form A               listed in Annex A to Council Regulations (EEC)
to SIECA, indicating where appropriate the reasons                  No 3001 /75 (*) and (EEC) No 3002/75 (2) of
                                                                    17 November 1975 .
of form or substance for an enquiry. They shall
forward any available information which tends to
show that the particulars on the said certificate are                                        Article 10
inaccurate .
                                                                    The Explanatory Note annexed to this Regulation
                          Article 8                                 forms an integral part thereof.
1 . Retrospective verification of the certificates Form                                      Article 11
A mentioned in Article 4 shall be carried out in the
circumstances specified in Article 13 of Commission                 This Regulation shall enter into force on 1 January
Regulation (EEC) No 3214/75 of 3 December, 1975.                    1976.
However, by way of derogation from the provisions
of paragraph 2 of that Article, the relevant customs
authorities in the Community shall return the                       i1) OJ No L 310 , 29. 11 , 1975 , p. 1 .
certificate of origin Form A to SIECA.                              (2) OJ No L 310, 29. 11 . 1975, p. 9.
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels, 3 December 1975 .
                                                                                   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 3214/75 of 3 December 1975. 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.