CELEX: 31975R3217
Language: en
Date: 1975-12-03 00:00:00
Title: Regulation (EEC) No 3217/75 of the Commission of 3 December 1975 derogating in respect of the countries which have signed the Cartagena Agreement (Andean Group) from Articles 1, 6 and 13 of 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

15 . 12. 75                         Official Journal of the European Communities                           No L 323 /59
                             REGULATION (EEC) No 3217/75 OF THE COMMISSION
                                                   of 3 December 1975
               derogating in respect of the countries which have signed the Cartagena Agreement
               (Andean Group) 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 Bolivia, Chile, Colombia,
 Whereas, for the purposes of implementation of the              Ecuador, Peru or Venezuela (hereinafter referred to
 provisions concerning the tariff preferences granted            as Andean Group countries) those products which
 by the Community for certain products originating               have in accordance with those provisions acquired
 in developing countries, rules of origin are by                 in one of those countries the status of originating
 Commission Regulation (EEC) No 3214/75 (*) 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 Andean Group country or have not
 status of originating products and the mode of proof           undergone sufficient working or processing in any
 and verification of their status ;
                                                                 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 under the Cartagena Agreement (Andean
Group) close economic cooperation has been                       ( a) only products originating; in an Andean Group
established between - Bolivia, Chile, Colombia,                       country have been used in the course of such
Ecuador, Peru and Venezuela (hereinafter referred                     working or processing ;
to as Andean Group countries); whereas the
provisions relative to the acquisition of the status of          (b ) where a percentage rule limits, in Lists A and B
originating products laid down in Article 1 of                        referred to in Article 3 of the Regulation referred
Commission Regulation (EEC) No 3214/75 of                             to above, the proportion in value of non-originat­
3 December 1975 may, with the necessary                               ing products that can be incorporated under
adaptations, help facilitate this cooperation and                     certain circumstances, the added value has been
encourage the use in one Andean Group country of                      acquired in each of the countries in accordance
products originating in other Andean Group                            with the said percentage rule and with the other
countries ; whereas the said provisions should be                     rules contained in the said lists without any
amended accordingly and special rules as to the mode                  possibility of cumulation from one country to
                                                                      another.
of proof and verification of the status of originating
products should be laid down ; whereas to this end
it is necessary to provide for requests for verification        2. For the purposes of paragraph 1 (a), the fact that
to be centralized with a joint administrative body of           products other than those referred to therein have
the aforesaid group ;                                           been used in a proportion not exceeding in total
                                                                value 5 % of the value of the products obtained and
                                                                imported into the Community shall not affect the
Whereas the measures provided for in this                       determination of origin of the latter products,
Regulation are in accordance with the Opinion of                provided that the products so used would not have
the Committee on Origin,                                        caused such latter products to lose the status of
                                                                products Originating in the Andean Group country
                                                                from which they were first exported, had the
                                                                products used been incorporated in that first
(1) See page 1 of this Official Journal.                        country.
 ---pagebreak--- No L 323 /60                        Official Journal of the European Communities                            15 . 12. 75
3 . In the cases referred to in paragraph 1 (b) no             graph on the basis of the certificates of origin Form
non-originating product may be incorporated if it              A issued previously.
undergoes only working or processing as specified
in Article 3 (2) of Commission Regulation (EEC)
No 3214/75 of 3 December 1975 .                                                        Article 4
4. Notwithstanding the provisions of paragraph 1               Notwithstanding the provisions of Article 6 of
and provided that all the conditions laid down in              Commission Regulation (EEC) No 3214/75 of
that paragraph are nevertheless fulfilled, the products        3 December 1975 , the products mentioned in
obtained shall not continue to       be   considered   as      Article 1 shall on importation into the Community
products originating in the first Andean Group                 benefit from the provisions on tariff preferences
country of exportation unless the value of the                 referred to in that Article upon production of a
products worked or processed in that country                   certificate of origin Form A issued, on the basis of
represents the highest percentage of the value of the          the certificates of origin Form A issued previously,
products obtained. If this is not so, the latter products      by the authority in the Andean Group country from
shall be considered as originating in the Andean               which the products are exported to the Community.
Group country where the added value acquired
represents the highest percentage of their value.
                                                                                       Article 5
                         Article 2                             The certificates referred to in Articles 3 and 4 must
                                                               contain :
1 . For the purposes of implementation of the                  — in box 4 'For official use'      the   name   of   the
provisions of Article 1 , the provisions of Article 4               Andean Group country in which the goods
of Commission Regulation (EEC) No 3214/75 of                        originate together with one of the following
3 December 1975 shall apply.                                        phrases :
2. In Article 1 ( 1 ) (b) and (4), 'added value' means                        ' CUMUL GROUPE ANDIN'
the difference between the ex-works price of the                         ' CUMULATION ANDEAN GROUP '
goods obtained, less internal taxes refunded or
refundable on exportation from the country                     — in box 12 'Declaration by the exporter' a
concerned, and the customs value of all the products                statement to the effect that the products satisfy
imported into and worked or processed in that                       the conditions of origin required by the
country .                                                           generalized system of preferences in order to be
                                                                    exported to the European Economic Community.
                         Article 3
                                                                                       Article 6
 1 . For the purposes of Article 1 , proof of status as
 originating products within the meaning of Article 1           1 . The provisions of Articles 1 to 5 above shall
of Commission Regulation (EEC) No 3214/75 of                   apply only in so far as the rules regulating trade in
3 December 1975 shall, in the case of products                 the context of this Regulation between each of the
obtained in one Andean Group country and exported              countries hereinbefore specified are indentical to the
 to another Andean Group country, be established by            provisions laid down in Commission Regulation
 production of a certificate of origin Form A, a                (EEC) No 3214/75 of 3 December 1975 and in this
 specimen of which is given in the Annex to                    Regulation.
Commission Regulation (EEC) No 3214/75 of                      2. In addition, each Andean Group country
 3 December 1975 . This certificate shall be issued by         undertakes to the Commission of the European
the governmental authorities of the country of export           Communities that it will, through the 'Junta del
 competent to issue certificates of origin for the             Acuerdo de Cartagena' (hereinafter referred to as
purposes of Commission Regulation (EEC) No 3214/               the Junta), comply or ensure compliance with the
 75 of 3 December 1975 .
                                                                rules concerning the preparation and issue of certifi­
                                                                cates of origin Form A and with those relative to
 2. For the purposes of Article 1 , proof of status as          administrative cooperation contained in Articles 7
 originating products within the meaning of that                and 8 below.
 Article shall, in the case of products that have merely
 remained in one of the Andean Group 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 Andean Group country, be               1 . Retrospective verifications   of the certificates
 established by production of a certificate as referred         Form A mentioned in Article 3 shall be carried out
 to in paragraph 1 issued as provided in that para­             at random or whenever the authorities as referred to
 ---pagebreak---  15 . 12. 75                           Official Journal of the European Communities                                No L 323 /61
in that Article of any Andean Group country where                     2. The Andean Group countries shall communicate
the products have either remained before their re­                    to the Commission the address of the Junta. The
exportation in the same state or have undergone                       Commission shall communicate this information to
working or processing as specified in Article 1 have                  the customs authorities of the Member States.
reasonable doubt as to the authenticity of the
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                     This Regulation does not apply to the products listed
paragraph 1 , the authorities mentioned in that                      in Annex A to Council Regulations (EEC) No 3001 /
paragraph shall send the certificate of origin Form                  75 ( 1 ) and (EEC) No 3002/75 (2) of 17 November
A to the Junta, indicating where appropriate the                      1975 .
reasons of form or substance for an enquiry. They
shall forward any available information which tends
                                                                                              Article 10
to show that the particulars on the said certificate
are inaccurate.
                                                                     The Explanatory Note annexed to this Regulation
                                                                     forms an integral part thereof.
                           Article 8
                                                                                              Article 11
1 . Retrospective verification of the certificates Form
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 the Junta.                           (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.