CELEX: 31976R3203
Language: en
Date: 1976-12-21 00:00:00
Title: Commission Regulation (EEC) No 3203/76 of 21 December 1976 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 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 /76                           Official Journal of the European Communities                              30 . 12 . 76
                                    COMMISSION REGULATION (EEC) No 3203/76
                                                    of 21 December 1976
              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 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
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                      HAS ADOPTED THIS REGULATION :
European 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 Bolivia, Chile, Colombia,
21 December 1976 (*) laid down concerning the                     Ecuador, Peru or Venezuela (hereinafter referred to
conditions under which these products acquire the                 as Andean Group countries) those products which
status of originating products and the mode of proof              have in accordance with those provisions acquired
and verification of their status ;                                in one of those countries the status of originating
                                                                  products and which after being exported from that
                                                                  country have undergone no working or processing
Whereas under the Cartagena Agreement (Andean                     in any other Andean Group country or have not
Group) close economic cooperation has been                        undergone sufficient working or processing in any
established between Bolivia, Chile, Colombia,                     suclh other country to confer on them by virtue of
Ecuador, Peru and Venezuela (hereinafter referred                 the said provisions the status of products originating
to as Andean Group countries); whereas the pro­                   in that other country, provided that :
visions relative to the acquisition of the status of              ( a) only products originating in an Andean Group
originating products laid down in Article 1 of                          country have been used in the course of such
Commission       Regulation      (EEC)   No     3200/76   of            working or processing ;
21 December 1976 may, with the necessary
adaptations, help facilitate this cooperation and                  (b ) where a percentage rule limits, in Lists A and B
encourage the use in one Andean Group country of                        referred to in Article 3 of the Regulation referred
products     originating     in    other   Andean    Group              to above, the proportion in value of non-originat­
countries ; whereas the said provisions should be                       ing products that can be incorporated under
amended accordingly and special rules as to the mode                    certain circumstances, the added value has been
of proof and verification of the status of originating                  acquired in each of the countries in accordance
products should be laid down ; whereas to this end                      with the said percentage rule and with the other
it is necessary to provide for requests for verification                rules contained in the said lists without any
to be centralized with a joint administrative body of                   possibility of cumulation from one country to
the aforesaid group ;                                                   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 /77
 value 5% of the value of the products obtained and              competent to issue certificates of origin for rhe
 imported into the Community shall not affect the                purposes of Commission Regulation (EEC) No 3200/
 determination of origin of the latter products,                 76 of 21 December 1976.
 provided that the products so used would not have
 caused such latter products to lose the status of
 products originating in the Andean Group country                2. For the purposes of Article 1 , proof of status as
 from which they were first exported, had the prod­              originating products within the meaning of that
 ucts used been incorporated in that first country.              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
 3 . In the cases referred to in paragraph 1 (b) no              specified in that Article and have been exported from
 non-originating product may he incorporated if it               that country to another Andean Group country, be
 undergoes only working or processing as specified               established by production of a certificate as referred
 in Article 3 (2) of Commission Regulation (EEC)                 to in paragraph 1 issued as provided in that para­
 No 3200/76 of 21 December 1976.                                 graph on 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 prod­
 ucts originating in the first Andean Group country              Notwithstanding the provisions of Article 6 of
 of exportation unless the value of the products                 Commission Regulation (EEC) No 3200/76 of
 worked or processed in that country represents the             21 December 1976, the products mentioned in
highest percentage of the value of the products                 Article 1 shall on importation into the Community
 obtained. If this is not so, the latter products shall          benefit from the provisions on tariff preferences
be considered as originating in the Andean Group                 referred to in that Article upon production of a
 country where the added value acquired represents               certificate of origin Form A issued, on the basis of
 the highest percentage of their value.                         the certificates of origin Form A issued previously,
                                                                by the authority in the Andean Group country from
                                                                which the products are exported to the Community.
                         Article 2
                                                                                         Article 5
 1 . For the purposes of implementation of the
provisions of Article 1 , the provisions of Article 4           The certificates referred to in Articles 3 and 4 must
 of Commission Regulation ( EEC) No 3200/76 of                  contain :
21 December 1976 shall apply.
                                                                — in box 4 ' For official use' the name of the
                                                                     Andean Group country in which the goods
2. In Article 1 ( 1 )- (b) and (4), ' added value' means             originate together with one of the following
the difference between the ex-works price of the                     phrases :
goods obtained, less internal taxes refunded or
refundable on exportation from the country                                       ' CUMUL GROUPE ANDIN '
concerned, and the customs value of all the products
imported into »artd worked or processed in that                             ' CUMULATION ANDEAN GROUP '
country.
                                                                — in box 12 'Declaration by the exporter' a
                                                                     statement to the effect that the products satisfy
                                                                     the conditions of origin required by the
                         Article 3                                   generalized system of preferences in order to be
                                                                     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
                                                                                         Article 6
of Commission Regulation (EEC) No 3200/76 of
21 December 1976 shall, in the case of products
obtained in one Andean Group country and exported               1 . The provisions of Articles 1 to 5 above shall
to another Andean Group country, be established by              apply only in so far as the rules regulating trade in
production of a certificate of origin Form A, a                 the context of this Regulation between each of the
specimen of which is given in the Annex to Com­                 countries hereinbefore specified are identical to the
mission Regulation (EEC)              No 3200/76 of             provisions laid down in Commission Regulation
21 December 1976. This certificate shall be issued by            (EEC) No 3200/76 of 21 December 1976 and in this
the governmental authorities of the country of export           Regulation .
 ---pagebreak--- No L 361 /78                        Official Journal of the European Communities                                 30. 12. 76
2. In addition, each Andean Group country                                                  Article 8
undertakes to the Commission of the European
Communities that it will, through the 'Jimta. del                 1 . Retrospective verification of the certificates Form
Acuerdo de Cartagena' (hereinafter referred to as                 A mentioned in Article 4 shall be carried out in the
the Junta), comply or ensure compliance with the                  circumstances specified in Article 13 of Commission
rules concerning the preparation and issue of certifi­            Regulation (EEC) No 3200/76 of 21 December 1976.
cates of origin Form A and with those relative to                 However, by way of derogation from the provisions
administrative cooperation contained in Articles 7                of paragraph 2 of that Article, the relevant customs
and 8 below.                                                      authorities in the Community shall return the
                                                                  certificate of origin Form A to the Junta.
                        Article 7                                 2. The Andean Group countries shall communicate
                                                                  to the Commission the address of the Junta. The
                                                                  Commission shall communicate this information to
1 . Retrospective    verifications of the certificates
Form A mentioned in Article 3 shall be carried out                the customs authorities of the Member States .
at random or whenever the authorities as referred to
in that Article of any Andean Group country where                                          Article 9
the products have either remained before their re­
exportation in the same state or have undergone                   This Regulation does not apply to the products listed
working or processing as specified in Article 1 have              in Annex II (A) to Commission Regulation (EEC)
reasonable doubt as to the authenticity of the                    No 3200/76 of 21 December 1976 .
document or as to the accuracy of the information
regarding the true origin of the products in question.
                                                                                          Article 10
2. For the ipurpose of applying the provisions of                 The Explanatory Note annexed to this Regulation
paragraph 1 , the authorities mentioned in that para­             forms an integral part thereof.
graph shall send the certificate of origin Form A
to the Junta, indicating where appropriate the
reasons of form or substance for an enquiry. They                                         Article 11
shall forward any available information which tends
to show that the particulars on the said certificate              This Regulation shall enter into force on 1 January
are 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.