CELEX: 51997PC0544
Language: en
Date: 1997-10-30
Title: Proposal for a Council Regulation (EC) on proof of origin for certain textile products falling within Section XI of the Combined Nomenclature and released for free circulation in the Community, and on the conditions for the acceptance of such proof

COMMISSION OF THE EUROPEAN COMMUNITIES
                                           Brussels, 30.10.1997
                                           COM(97) 544 final
                                           97/0288 (ACC)
                                 Proposal for a
                     COUNCIL REGULATION (EC)
on proof of origin for certain textile products falling within Section XI of the
Combined Nomenclature and released for free circulation in the Community,
           and on the conditions for the acceptance of such proof
                        (presented by the Commission)
 ---pagebreak---  ---pagebreak---                           EXPLANATORY MEMORANDUM
By Regulation (EEC) No 616/78 of 20 March 1978 on proof of origin for certain textile
products falling within Chapter 51 or Chapters 53 to 62 of the Common Customs Tariff
and imported into the Community, and on the conditions for the acceptance of such
proof1, the Council established procedures for preventing any deflection of trade or abuse
which would be detrimental to the application of the rules and/or arrangements on textiles.
A system for checking origin was introduced to this effect based on the requirement of an
origin certificate for some textile products and a declaration of origin on the invoice
for others.
However, since the Regulation was adopted, changes have taken place in certain areas of
the customs and textile fields and the Council has also adopted legislation on mutual
assistance and administrative cooperation.
In order to take account of the changes and facilitate and clarify application of the
provisions relating to proof of origin for textile products by traders and the relevant
Member State authorities, all the above provisions need to be set out in a new text and the
Regulation in question repealed.
To this end it is proposed that the Council adopt the attached proposal for a Regulation.
       OJNo L 84, 31.3.1978, p. 1.
 ---pagebreak---                                         Proposal for a
                             COUNCIL REGULATION (EC)
       on proof of origin for certain textile products falling within Section XI of the
       Combined Nomenclature and released for free circulation in the Community,
                   and on the conditions for the acceptance of such proof
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 113 thereof,
Having regard to the proposal from the Commission2,
Whereas Council Regulation (EEC) No 616/78 of 20 March 1978 on proof of origin
for certain textile products falling within Chapter 51 or Chapters 53 to 62 of the
Common Customs Tariff and imported into the Community, and on the conditions for the
acceptance of such proof3, as last amended by Regulation (EEC) No 3 626/834, laid down
conditions for preventing any deflection of trade or any abuse which would be detrimental
to the application of the rules on textiles by means of a system for origin based on the
requirement of presentation of a certificate of origin for some textile products and a
declaration of origin on the invoice for others;
Whereas since the adoption of Regulation (EEC) No 616/78, changes have taken place in
certain areas of the customs and textile fields; whereas, in particular, the textile products
concerned are those listed in Section XI of the Combined Nomenclature classified
in categories as defined in Annex I to Council Regulation (EEC) No 3030/93 of
 12 October 1993 on common rules for imports of certain textile products from
third countries5, as last amended by Commission Regulation (EC) No 1445/976;
Whereas the provisions relating to mutual assistance and administrative cooperation laid
down in Articles 4, 4a and 4b of Regulation (EEC) No 616/78 are already covered by
Council Regulation (EEC) No 1468/81 of 19 May 1981 on mutual assistance between the
administrative authorities of the Member States and cooperation between the latter and
the Commission to ensure the correct application of the law on customs or agricultural
matters7, as last amended by Regulation (EEC) No 945/878;
Whereas, in the interests of clarity, Regulation (EEC) No 616/78 should be re-cast;
2
      OJNo
3
      OJ No L 84, 31.3.1978, p. 1.
4
      OJ No L 360, 23.12.1983, p. 5.
5
      OJ No L 275, 8.11.1993, p. 1.
6
      OJNo LI 98, 25.7.1997, p. 1.
7
      OJ No L 144, 2.6.1981, p. 1.
8
      OJ No L 90, 2.4.1987, p. 3.
 ---pagebreak---  Whereas in the interests of efficiency, management of the measures provided for in this
 Regulation should be entrusted to the Customs Code Committee,
 HAS ADOPTED THIS REGULATION:
                                           Article 1
 1.    The release for free circulation in the Community of textile products falling within
       Section XI of the Combined Nomenclature, listed in Annex I to Regulation (EEC)
       No 3030/93, in its form as amended by Commission Regulation (EC) No 2231/969,
       shall be subject to proof of their origin in one of the forms and in accordance with
      the procedures set out in this Regulation.
2.     The proof of origin referred to in paragraph 1 shall not be required for goods
       accompanied by a certificate corresponding to the specimens and satisfying the
      conditions laid down for the purposes of the implementation of bilateral textile
       agreements, protocols or other arrangements.
3.     Imports of a totally non-commercial nature are exempted from the provisions of
      this Regulation.
                                           Article 2
The products listed in groups IA, IB, IIA and 1IB of Annex I to Regulation (EEC)
No 3030/93 must be accompanied by a certificate of origin complying with the conditions
set out in Article 47 of Commission Regulation (EEC) No 2454/9310.
The certificates of origin may be accepted only if the products concerned fulfil the criteria
for determining origin laid down by the relevant Community provisions in force.
                                           Article 3
1.    Products other than those referred to in Article 2 must be accompanied by a
      declaration by the exporter or supplier on the invoice or, if there is no invoice, on
      another commercial document relating to the said products, to the effect that they
      originate in the third country where the declaration was drawn up and comply with
      the criteria for determining origin set out in the relevant Community provisions. The
      text of that declaration must correspond to the model set out in the Annex.
      Notwithstanding the first subparagraph, certificates of origin may be issued for such
      products in conformity with Article 47 of Regulation (EEC) No 2454/93.
2.    Notwithstanding the production of the declaration of origin referred to in
      paragraph 1, the competent authorities in the Community may, if there is cause for
      serious doubt, demand any additional proof with the object of ensuring that the
      declaration of origin complies with the criteria for determining origin set out in the
      relevant Community provisions.
9
        OJ No L 307, 28.11.1996, p. 1.
10
        OJNoL253, 11.10.1993. p. 1.
 ---pagebreak--- 3.     Member States shall inform the Commission of any significant abuse or irregularity
       they detect in the use of declarations of origin.
       At the request of a Member State or on the initiative of the Commission,
       presentation of a certificate of origin may, in accordance with the procedure laid
       down in Article 249 of Council Regulation (EEC) No 2913/9211, be demanded in
       respect of the products and countries concerned by such abuse or irregularity.
                                           Article 4
EUR1 and EUR2 movement certificates and forms, Form A certificates of origin and
invoice declarations issued for the purpose of obtaining a tariff preference shall be
accepted in place of the proof of origin referred to in Articles 2 and 3.
                                            Article 5
1.     Each consignment of goods must be accompanied by a certificate of origin or
       invoice declaration.
2.     Member States may accept a certificate of origin relating to more than one
       consignment, provided that the products can be clearly identified on the said
       certificate and that the total quantities concerned are not greater than the quantities
        shown on the certificate.
                                            Article 6
Where different criteria for determining origin are laid down for products falling within a
single heading of the Combined Nomenclature or a single category listed in Annex I to
Regulation (EC) No 3030/93, certificates or declarations of origin must contain a
sufficiently detailed description of the goods to identify the criterion on the basis of which
the certificate was issued or the declaration drawn up.
                                            Article 7
1.     Certificates of origin shall be issued and invoice declarations drawn up in the
       country in which the goods originate.
2.     Where goods are not imported direct from the country of origin but arrive via
       another country, certificates of origin issued in the latter country shall be accepted
       subject to checking that such certificates are admissible on the same basis as those
       issued by the country of origin.
       OJ No L 302, 19.10.1992, p. 1.
 ---pagebreak---  3.    Paragraph 2 shall not apply if quantitative limits have been fixed or agreed for the
       products in question with respect to the country of origin.
                                          Article 8
 Member States shall notify the Commission of any relevant information relating to the
 application of this Regulation.
 The Commission shall forward any such information to the other Member States.
The provisions of Regulation (EEC) No 1468/81 shall apply.
                                          Article 9
The provisions for the implementation of this Regulation shall be laid down by
the Commission in accordance with the procedure laid down in Article 249 of
Regulation (EEC) No 2913/92.
                                         Article 10
Regulation (EEC) No 616/78 is hereby repealed.
References to the repealed Regulation shall be construed as references to this Regulation.
                                         Article 11
This Regulation shall enter into force on the seventh day following that of its publication
in the Official Journal of the European Communities.
It shall apply from 1 January 1998.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,                                             For the Council
                                                              The President
 ---pagebreak---                                                                                      ANNEX
      Declaration by the exporter or supplier on the invoice or. failing that, on another
                                      commercial document
 'Declaration of origin
The exporter/supplier1 of the products covered by this invoice/document1 hereby declares
that, except where otherwise clearly indicated, these products are of....origin2 within the
meaning of the rules in force in the European Community.
Done at,
(Name and address of
the exporter/supplier1 -
handwritten signature
of the person authorized)
1
       Delete as appropriate.
2
      Name of the country of origin where the declaration was drawn up.
                                                       7
 ---pagebreak---                                 IMPACT STATEMENT
The proposal will not have any effect on competition and employment in the Community.
 ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(97) 544 final
                                              DOCUMENTS
EN                                                             10 08   11 02
                                    Catalogue number : CB-CO-97-564-EN-C
                                                             ISBN 92-78-26220-X
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