CELEX: 31975R3215
Language: en
Date: 1975-12-03 00:00:00
Title: Regulation (EEC) No 3215/75 of the Commission of 3 December 1975 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 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 /53
                            REGULATION (EEC) No 3215/75 OF THE COMMISSION
                                                  of 3 December 1975
              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 3214/75 of 3 December
              1975 on the definition of the concept of originating products for purposes of the applica­
              tion 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 Euro­
                                                                1 . Notwithstanding the provisions of Article 1 of
pean Economic Community;
                                                               Commission Regulation (EEC) No 3214/75 of
                                                               3 December 1975, there shall also be considered as
                                                               products originating in Indonesia, Malaysia, the
Whereas, for the purposes of implementation of the
                                                               Philippines, Singapore or Thailand (hereinafter
provisions concerning the tariff preferences , granted         referred to as ASEAN countries) those products
by the Community for certain products originating              which have in accordance with those provisions
in developing countries, rules of origin are by                acquired in one of those countries the status of orig­
Commission Regulation (EEC) No 3214/75 (*) of
                                                               inating products and which after being exported
3 December 1975 laid down concerning the conditions
under which these products acquire the status of               from that country have undergone no working or
                                                               processing in any other ASEAN country or have not
originating products and the mode of proof and veri­
fication of their status ;                                     undergone sufficient working or processing in any
                                                               such other country to confer on them by virtue of
                                                               the said provisions the status of products originating
Whereas     the   Association   of   South   East   Asian      in that other country, provided that:
Nations has established close economic cooperation             (a) only products originating in an ASEAN country
between Indonesia, Malaysia, the Philippines, Singa­                have been used in the course of such working or
pore and Thailand (hereinafter referred to as ASEAN                 processing;
countries); whereas the provisions relative to the
acquistion of the status of originating products laid           (b) where a percentage rule limits, in Lists A and B
down in Article 1 of Commission Regulation (EEC)                    referred to in Article 3 of the Regulation referred
No 3214/75 of 3 December 1975 may, with the                         to above, the proportion in value of non-originat­
necessary adaptations, help facilitate this cooperation             ing products that can be incorporated under
and encourage the use in one ASEAN country of                       certain circumstances, the added value has been
products originating in other ASEAN countries ;                     acquired in each of the countries in accordance
whereas the said provisions should be amended                       with the said percentage rule and with the other
accordingly and special rules as to the mode of proof               rules contained in the said lists without any
and verification of the status of originating products              possibility of cumulation from one country to
should be laid down ; whereas to this end it is                     another.
necessary to provide for requests for verification to
be centralized with a joint administrative body of the         2. For the purposes of paragraph 1 (a), the fact that
aforesaid association ;                                        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 and
Whereas the measures provided for in this Regula­              imported into the Community shall not affect the
tion are in accordance with the Opinion of the                 determination of origin of the latter products,
Committee on Origin,                                           provided that the products so used would not have
                                                               caused such latter products to lose the status of pro­
                                                               ducts originating in the ASEAN country from which
                                                               they were first exported, had the products used been
0) See page 1 of this Official Journal.                        incorporated in that first country.
 ---pagebreak--- No L 323 /54                        Official Journal of the European Communities                              15 . 12. 75
3 . In the cases referred to in paragraph 1 (b) no non­                                Article 4
originating product may be incorporated if it under­
goes only working or processing as specified in                Nothwithstanding the provisions of Article 6 of
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
4. Notwithstanding the provisions of paragraph 1               Article 1 shall on importation into the Community
and provided that all the conditions laid down in              benefit from the provisions on tariff preferences
that paragraph are nevertheless fulfilled, the products        referred to in that Article upon production of
obtained shall not continue to be considered as                a certificate of origin Form A issued, on the basis of
products originating in the first ASEAN country of             the certificates of origin Form A issued previously,
exportation unless the value of the products worked            by the authority in the ASEAN country from which
or processed in that country represents the highest            the products are exported to the Community.
percentage of the value of the products obtained. If
this is not so, the latter products shall be 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
                                                               contain :
                         Article 2
                                                               — in box 4 'For official use'       the  name      of the
1 . For the purposes of implementation of the pro­                 ASEAN country in which the goods originate
visions of Article 1 , the provisions of Article 4 of              together with one of the following phrases :
Commission Regulation (EEC) No 3214/75 of                                           ' CUMUL ANASE'
3 December 1975 shall apply.
                                                                                ' CUMULATION ASEAN'
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 state­
goods obtained, less internal taxes refunded or                    ment to the effect that the products satisfy the
refundable on exportation from the country                         conditions of origin required by the generalized
concerned, and the customs value of all the products               system of preferences in order to be exported to
imported into and worked or processed in that                      the European Economic Community.
country.
                         Article 3
                                                                                       Article 6
 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             apply only in so far as the rules regulating trade in
1 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 ASEAN country and exported to                  provisions laid down in Commission Regulation
another ASEAN country, be established by produc­               (EEC) No 3214/75 of 3 December 1975 and in this
tion of a certificate of origin Form A, a specimen of          Regulation.
which is given in the Annex to Commission Regula­
tion (EEC) No 3214/75 of 3 December 1975 . This                2. In addition, each ASEAN country undertakes to
certificate shall be issued by the governmental authori­       the Commission of the European Communities that
ties of the country of export competent to issue               it will, through the Special Coordinating Committee
certificates of origin for the purposes of Commission          of ASEAN (hereinafter referred to as SCCAN), comply
Regulation (EEC) No 3214/75 of 3 December 1975.                or ensure compliance with the rules concerning the
                                                               preparation and issue of certificates of origin Form A
2. For the purposes of Article 1 , proof of status as          and with those relative to administrative cooperation
originating products within the meaning of that                contained in Articles 7 and 8 below.
 Article shall, in the case of products that have merely
remained in one of the ASEAN countries or have
undergone there no processing other than as specified                                  Article 7
in that Article and have been exported from that
country to another ASEAN country, be established
 by production of a certificate as referred to in para­        1 . Retrospective verifications of the Certificates Form
graph 1 issued as provided in that paragraph on the            A mentioned in Article 3 shall be carried out at
basis of the certificates of origin Form A issued              random or whenever the authorities as referred to in
previously.                                                    that Article of any ASEAN country where the
 ---pagebreak--- 15 . 12. 75                           Official Journal of the European Communities                                No L 323/55
products have either remained before their re-expor­                2. The ASEAN countries shall communicate to the
tation in the same state or have undergone working                  Commission the address of SCCAN. The Commis­
or processing as specified in Article 1 have reasonable             sion shall communicate this information to the
doubt as to the authenticity of the document or as                  customs authorities of the Member States .
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 para­               This Regulation does not apply to the products listed
graph shall send the certificate of origin Form A to                in Annex A to Council Regulations (EEC) No 3001/
SCCAN, indicating where appropriate the reasons                     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                                Article 11
Form A mentioned in Article 4 shall be carried out
in the circumstances specified in Article 13 of Com­                This Regulation shall enter into force on 1 January
mission Regulation (EEC) No 3214/75 of 3 December                   1976.
1975 . However, by way of derogation from the
provisions of paragraph 2 of that Article, the relevant
customs authorities in the Community shall return                   (x) OJ No L 310, 29. 11 . 1975, p. 1 .
the certificate of origin Form A to SCCAN.                          (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.