CELEX: 31974R3108
Language: en
Date: 1974-12-05 00:00:00
Title: Regulation (EEC) No 3108/74 of the Commission of 5 December 1974 derogating in respect of the countries of the Central American Common Market 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

No L 336/56                            Official Journal of the European Communities                                16 . 12 . 74
                              REGULATION (EEC) No 3108/74 OF THE COMMISSION
                                                    of 5 December 1974
               derogating in respect of the countries of the Central American Common Market 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
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 produots which have
Whereas for the application of the provisions                     acquired the character of originating products in
concerning the tariff preferences granted 'by the                 Costa Rica, El Salvador, Guatemala, Honduras and
Community for certain products originating in                     Nicaragua ('hereinafter referred to as CACM
developing countries, the rules of origin are defined             countries) <are to be equally considered as products
for the conditions under Which these products                     originating in one or another of those countries,
acquire die character of originating products, the                according to the provisions of the Article 1 referred
mode of proof and the terms as no verificat on                    to above and which, after being exported from that
thereof by Commission Regulation (EEC) No 3106/                   country, have undergone no working or processing
74 (*) of 5 December 1974 ;                                       in any of the other CACM countries or have not
                                                                  undergone sufficient working or processing there to
                                                                  confer on them the character of products originating
"Whereas the Central American Common Market has                   in any of those countries 'by virtue of the provisions
established a very close economic cooperation                     of the Article 1 referred to above, provided that:
between Costa Rica, El Salvador, Guatemala , Hon­
duras and Nicaragua (hereinafter referred to as                   ( a ) only produots originating in any of the CACM
CACM countries); whereas the provisions relative                        countries have been used in the course of the
to the acquisition of the charaoter of originating                      working or processing;
products laid down in Article 1 of Commission
 Regulation (EEC) No 3106/74 of 5 December 1974                   ('b) when a percentage rule limits, in the Lists A and
may, with the necessary adaptations, contribute to                      B referred to in Article 3 of the Regulation
the facilitation of this cooperation and encourage the                  referred to above, the proportion in value of non­
use dn one CACM country of products originating                         originating products that can be incorporated
in the other CACM countries ; whereas the said                          under certain circumstances, the added value has
provisions should be amended accordingly and                            been acquired in each of the countries in
special rules for the proof of the character of                         accordance with the percentage ru'le contained
originating products and to methods of verification                     in the said lists without any possibility of cumula­
should 'be laid down ; whereas for this purpose it is                   tion from one country to another.
necessary to centralize the requests 'for verification
to a common . administrative body of the aforesaid
common market;                                                    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 Regulation              total value 5% of the value of the products obtained
are in accordance with the Opinion of the Committee               and imported into the Community does not affect
on Origin,                                                        the determination of origin of the latter produots,
                                                                  provided that the products so used would not have
                                                                  caused them to lose the status of products originating
                                                                  in one of the CAGM countries from which they had
                                                                  been exported previously, had they been incorporated
 ( ) See page 1 of this Official Journal .                        there.
 ---pagebreak---  16 . 12.74                          Official Journal of the European Communities                           No L 336/57
3 . In the cases referred to in paragraph 1 .( b) no            graph, on the basis of the certificate of origin Form A
non-originating product may be incorporated if it               issued previously.
undergoes only the working or processing' laid down
in Article 3 (2) of Commission. Regulation (EEC)
No 3106/74 of 5 December 1974 .                                                         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 3106/74 of
that paragraph are nevertheless fulfilled, the products         5 December 1974, the products mentioned in Article 1
obtained shall not continue to be considered as                 shall on import to the Community benefit from the
products originating in the ifirst CACM country of              provisions on tariff preferences set out in 'that Article
exportation unless the value of the .products worked            upon submission of a certificate of origin Form A
or processed in that country represents the 'highest            issued by the Authority in the CACM country from
percentage of the value of the products obtained.               which the products are exported to the Community
If this is not so, the latter products are considered           on the basis of certificates of origin Form A issued
as originating in the CACM country where the added              previously.
value acquired represents the highest percentage of
their value.
                                                                                        Article 5
                          Article 2                             The certificates referred to in Articles 3 and 4 must
                                                                indicate :                                     '
1 . For the application of the provisions of Article 1 ,        — in box 4 'For official use' the CACM country (in
the provisions of Article 4 of Commission Regulation                which the goods originate as well as one of the
 (EEC) No 3106/74 of 5 December 1974 are                            following phrases :
applicable.                                                                          ' CUMUL MCAC'
                                                                                 ' CUMULATION CACM '
2 . For the application of the provisions of Article 1
( 1 ) (b ) and (4), 'added value' shall be understood as        — in box 12 'Declaration by the exporter' that the
meaning the difference between the ex-works price                   products fulfil the conditions of origin required
of the goods obtained, less internal taxes refunded                 by the generalized system of preferences in order
or refundable on exportation from the country                       to be exported to the 'European Economic
concerned, and the customs value of all the products                Community'.
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 the 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, are identical to the
5 December 1974 of products obtained in the first               provisions laid down in Commission Regulation
CACM country and exported to another CACM                        (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                      2 . In addition, each CACM country undertakes with
5 December 1974. This certificate shall be issued by            the Commission of the European Communities,
the governmental authorities of the country of export           through the Permanent Secretariat of the Central
authorized for the issue of certificates . of origin in         American Common' Market (hereinafter referred to as
the context of Commission Regulation (EEC)                      SIECA), to respect, or to ensure respect for, the rules
No 3106/74 of 5 December 1974 .
                                                                concerning the making out and issuing of certificates
                                                                of origin Form A as well as those relative to the
2. Where Article 1 is 'applied, the proof of character          administrative , cooperation contained in Articles 7
of originating products — in .t)he sense of that Article        and 8 'below.
— of products that have been held or have only
undergone in one of the CACM countries the
processing laid down in that Article and exported                                       Article 7
from that country to another CACM country is given
by the certificate referred to in paragraph 1 and               1 . Retrospective verifications of the certificates Form
issued under the conditions laid down in that para­             A mentioned in Article 3 shall be carried out at
 ---pagebreak---  No L 336/58                            Official Journal of the European Communities                                 16 . 12.74
 random , and Whenever the authorities envisaged in                     2 . CACM countries shall communicate to the
ithat Article in the CACM countries where the                           Commission the address of SIECA . The Commission
products have remained before their re-export in the                    shall comunicate this information to the customs
 same state or are submitted to the working or                          authorities of the Member States .
processing envisaged in Article 1 have reasonable
 doubt as to the authenticity of the information
 regarding the true origin of the goods 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 customs authorities mentioned in                      in the Annexes A of Council Regulations (EEC)
that paragraph shall send the certificate of origin                     No 3045 /74 ( J ) and (EEC) No 3046/74/(2) of
 Form A to SIECA indicating in each case the reasons                    2 December 1974.
 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 integral part of this Regulation ..
                            Article 8
                                                                                                 Article 11
 1 . Retrospective verification of the certificates Form
 A mentioned in Article 4 are to be carried out in                      This Regulation shall enter into force on 1 January
 the case envisaged in Article 13 of Commission                         1975 .
 Regulation (EEC) No 3106/74 of 5 December 1974.
 However, by way of derogation from the provisions
 of paragraph 2 of this Article the appropriate customs
 authorities in the Community shall return the                          (') OJ No L 329, 9. 12. 1974, p. 1 .
 certificate of origin Form A to SIECA .                                (") 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 .