COMMISSION  REGULATION (EEC) No 2466/86
of 31 July 1986
derogating in respect of the Netherlands Antilles and Aruba from Articles 6 and 7 of Regulation (EEC) No 3749/83 on the definition of the concept of originating products for the 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 COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3599/85 of 17 December 1985 applying generalized tariff preferences for 1986 in respect of certain industrial products originating in developing countries (1), and in particular Article 1 thereof,
Having regard to Council Regulation (EEC) No 3600/85 of 17 December 1985 applying generalized tariff preferences for 1986 to textile products originating in developing countries (2), and in particular Article 1 thereof,
Having regard to Council Regulation (EEC) No 3601/85 of 17 December 1985 applying generalized tariff preferences for 1986 in respect of certain agricultural products originating in developing countries (3), and in particular Article 1 thereof,
Whereas Decision 85/553/ECSC of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 17 December 1985 applying for 1986 the generalized tariff preferences for certain steel products originating in developing countries (4), stipulates that the definition of the origin of products shall be determined in accordance with the procedure laid down in Article 14 of Council Regulation (EEC) No 802/68 (5), as last amended by Regulation (EEC) No 1318/71 (6); whereas the rules to be applied in this connection must be the same as those provided for in respect of the other products;
Whereas, for the purpose of implementing the provisions concerning the tariff preferences granted by the European Economic Community, in respect of certain products originating in developing countries, Commission Regulation (EEC) No 3749/83 (7), as last amended by Regulation (EEC) No 1968/86 (8), established rules of origin governing the conditions under which such products may acquire the status of originating products, and also the procedures concerning proof of origin and verification of originating status;
Whereas trade cooperation has become established between the Netherlands Antilles and Aruba and certain developing countries and territories enjoying generalized tariff preferences, as listed in Annex III to Regulation (EEC) No 3599/85, hereinafter referred to as 'countries enjoying generalized tariff preferences'; whereas under this cooperation products originating in the said countries are imported into the Netherlands Antilles and Aruba and subjected to working insufficient to confer originating status before being forwarded to the European Economic Community; whereas this cooperation would be affected by the application of the provisions on the transport of originating products laid down in Article 6 of Regulation (EEC) No 3749/83; whereas the said provisions should therefore be amended so that the originating products in question will be eligible for the tariff preferences on presentation of a Form A certificate of origin issued in the Netherlands Antilles or in Aruba;
Whereas the provisions of this Regulation are in accordance with the opinion of the Committee on Origin,
By way of derogation from Article 6 of Regulation (EEC) No 3749/83, products originating in countries enjoying generalized tariff preferences shall be deemed to have been transported direct from any of those countries to the Community when they pass through the Netherlands Antilles or Aruba, whether or not they have entered into commerce there, provided that:
(a) the products have remained under the surveillance of the customs authorities of the Netherlands Antilles or Aruba;
(b) they have not undergone any operations other than those listed in Annex I;
(c) no product has been added in the course of those operations, except products needed for the packing of goods and the identification of packages.
Certificates of origin Form A issued in the countries referred to in Article 1 must specify in box 12 that the destination of the products is the European Economic Community.
1. By way of derogation from Article 7 of Regulation (EEC) No 3749/83, the products referred to in Article 1 shall be covered on entry into the Community by the provisions relating to the tariff preferences on presentation of a certificate of origin Form A issued by the customs authorities of the Netherlands Antilles or Aruba, replacing the previously issued certificate or certificates referred to in Article 2.
2. Replacement certificates as referred to in paragraph 1 shall be made out in accordance with the Explanatory Notes in Annex II.
3. At the request of the authorities of the Member State in which the goods are declared for the purposes of release for free circulation, the Netherlands Antilles and Aruba customs authorities shall send to them a certified copy of the certificates referred to in Article 2.
Application of this Regulation shall be subject to the necessary administrative cooperation being provided by the relevant Netherlands Antilles and Aruba authorities, as required by the Community for the purposes of checking the authenticity and correctness of certificates.
This Regulation shall enter into force on 1 October 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.