Decision 2019/2198 - EU position within the Joint Committee established by the Regional Convention on pan-Euro-Mediterranean preferential rules of origin as regards the amendment of the Convention - Main contents

EN

Official Journal of the European Union

L 339/1

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (the ‘Convention’) was concluded by the Union by means of Council Decision 2013/94/EU (1) and entered into force in the Union on 1 May 2012.

The pan-Euro-Mediterranean system of cumulation of origin allows for the application of diagonal cumulation between the 26 Contracting Parties to the Convention: the Union, Iceland, Liechtenstein, Norway, Switzerland, Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Palestine (2), Syria, Tunisia, Turkey, Albania, Bosnia and Herzegovina, Croatia, North Macedonia, Montenegro, Serbia, Kosovo (3), the Faroe Islands, Moldova, Georgia and Ukraine.

The Convention envisages that the rules of origin will need to be amended in order to better respond to the economic reality and establishes procedures for the adoption of amendments. Amendments to the Convention are to be adopted by unanimous decision of the Joint Committee established by the Convention (the ‘Joint Committee’).

The process of amending the Convention started in 2012 and resulted in a new set of modernised and more flexible rules of origin, consistent with those which have already been agreed by the Union in certain other recent agreements, namely the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (4), the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam, the Agreement between the European Union and Japan for an Economic Partnership (5) and the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (6), or schemes of generalised tariff preferences.

The Joint Committee is expected to adopt a decision on the amendment of the Convention during its meeting on 27 November 2019 or at a later date.

It is appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee with regard to the amendment of the Convention, as the amendment of the Convention will have legal effect in the Union,

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (the ‘Convention’) was signed in Brussels on 15 June 2011 and entered into force on 1 January 2012.

The pan-Euro-Mediterranean system of cumulation of origin is made up of a network of free trade agreements. It provides for a multilateral framework of identical rules of origin allowing for diagonal cumulation which applies without prejudice to the principles laid down in the relevant agreements.

It is acknowledged in the Convention that the rules of origin will need to be amended in order to better respond to the economic reality.

The Contracting Parties to the Convention agreed on the amendment of the Convention in order to provide for a new set of modernised and more flexible rules of origin.

The Convention should therefore be amended accordingly,

Article 1 is replaced by the following:

“Article 1

• 1. 

  This Convention lays down provisions on the origin of goods traded under the relevant Agreements concluded between the Contracting Parties.

• 2. 

  The concept of ‘originating products’ and the methods of administrative cooperation relating thereto are set out in the Appendixes to this Convention.

Appendix I sets out general rules for the definition of the concept of ‘originating products’ and the methods of administrative cooperation.

Appendix II sets out special provisions that were agreed before 1 January 2019 and are applicable between certain Contracting Parties and derogating from the provisions laid down in Appendix I.

Special provisions applicable between certain Contracting Parties and derogating from the provisions laid down in Appendix I that were agreed before 1 January 2019 but not included in Appendix II remain valid.

• 3. 

  For derogations agreed after 1 January 2019:

• 4. 

  The following are Contracting Parties to this Convention:

• 5. 

  A third party that becomes Contracting Party in accordance with Article 5 shall be automatically added to the list set out in paragraph 4 of this Article.”;

in Article 2, point (1) is replaced by the following:

in Article 4, paragraph 3, point (a) is replaced by the following:

in Article 5, paragraph 9 is replaced by the following:

“9.   From the date of the decision of the Joint Committee referred to in paragraph 4, the third party concerned may be represented with observer status in the Joint Committee and any sub-committee and working groups.”;

Appendix I is replaced by the following:

“Appendix I

THE DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’ AND METHODS OF ADMINISTRATIVE COOPERATION

TABLE OF CONTENTS

List of Annexes

TITLE I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Convention:

TITLE II

DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’

Article 2

General requirements

For the purpose of implementing the relevant Agreement, the following products shall be considered as originating in a Contracting Party when exported to another Contracting Party:

Article 3

Wholly obtained products

• 1. 

  The following shall be considered as wholly obtained in a Contracting Party when exported to another Contracting Party:

• 2. 

  The terms ‘its vessels’ and ‘its factory ships’ in points (h) and (i) of paragraph 1 respectively shall apply only to vessels and factory ships which meet each of the following requirements:

• 3. 

  For the purpose of paragraph 2, when the exporting or the importing Contracting Party is the European Union, it means the Member States of the European Union.

• 4. 

  For the purpose of paragraph 2, the EFTA States are to be considered as one Contracting Party.

Article 4

Sufficient working or processing

• 1. 

  Without prejudice to paragraph 3 of this Article and to Article 6, products which are not wholly obtained in a Contracting Party shall be considered to be sufficiently worked or processed when the conditions laid down in the list in Annex II for the goods concerned are fulfilled.

• 2. 

  If a product which has obtained originating status in a Contracting Party in accordance with paragraph 1 of this Article is used as a material in the manufacture of another product, no account shall be taken of the non-originating materials which may have been used in its manufacture.

• 3. 

  The determination of whether the requirements of paragraph 1 of this Article are met, shall be carried out for each product.

However, where the relevant rule is based on compliance with a maximum content of non-originating materials, the customs authorities of the Contracting Parties may authorise exporters to calculate the ex-works price of the products and the value of the non-originating materials on an average basis as set out in paragraph 4 of this Article, in order to take into account the fluctuations in costs and currency rates.

• 4. 

  Where the second subparagraph of paragraph 3 of this Article applies, an average ex-works price of the product and average value of non-originating materials used shall be calculated respectively on the basis of the sum of the ex-works prices charged for all sales of the products carried out during the preceding fiscal year and the sum of the value of all the non-originating materials used in the manufacture of the products over the preceding fiscal year as defined in the exporting Contracting Party, or, where figures for a complete fiscal year are not available, a shorter period which should not be less than three months.

• 5. 

  Exporters having opted for calculation on an average basis shall consistently apply such a method during the year following the fiscal year of reference, or, where appropriate, during the year following the shorter period used as a reference. They may cease to apply such a method where during a given fiscal year, or a shorter representative period of no less than three months, they record that the fluctuations in costs or currency rates which justified the use of such a method have ceased.

• 6. 

  The averages referred to in paragraph 4 of this Article shall be used as the ex-works price and the value of non-originating materials, respectively, for the purpose of establishing compliance with the maximum content of non-originating materials.

Article 5

Tolerance rule

• 1. 

  By way of derogation from Article 4 and subject to paragraphs 2 and 3 of this Article, non-originating materials which, according to the conditions set out in the list in Annex II, are not to be used in the manufacture of a given product may nevertheless be used, provided that their total net weight or value assessed for the product does not exceed:

This paragraph shall not apply to products falling within Chapters 50 to 63, for which the tolerances mentioned in Notes 6 and 7 of Annex I shall apply.

• 2. 

  Paragraph 1 of this Article shall not allow to exceed any of the percentages for the maximum content of non-originating materials as specified in the rules laid down in the list in Annex II.

• 3. 

  Paragraphs 1 and 2 of this Article shall not apply to products wholly obtained in a Contracting Party within the meaning of Article 3. However, without prejudice to Article 6 and Article 9(1), the tolerance provided for in those provisions shall nevertheless apply to product for which the rule laid down in the list in Annex II requires that the materials which are used in the manufacture of that product are wholly obtained.

Article 6

Insufficient working or processing

• 1. 

  Without prejudice to paragraph 2 of this Article, the following operations shall be considered to be insufficient working or processing to confer the status of an originating product, whether or not the requirements of Article 4 are satisfied:

• 2. 

  All the operations carried out in the exporting Contracting Party on a given product shall be taken into account when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1 of this Article.

Article 7

Cumulation of origin

• 1. 

  Without prejudice to Article 2, products shall be considered as originating in the exporting Contracting Party when exported to another Contracting Party if they are obtained there, incorporating materials originating in any other Contracting Party provided that the working or processing carried out in the exporting Contracting Party goes beyond the operations referred to in Article 6. It shall not be necessary for such materials to have undergone sufficient working or processing.

• 2. 

  Where the working or processing carried out in the exporting Contracting Party does not go beyond the operations referred to in Article 6, the product obtained by incorporating materials originating in any other Contracting Party, shall be considered as originating in the exporting Contracting Party only where the value added there is greater than the value of the materials used originating in more than one other Contracting Party. If this is not so, the product obtained shall be considered as originating in the Contracting Party which accounts for the highest value of originating materials used in the manufacture in the exporting Contracting Party.

• 3. 

  Without prejudice to Article 2, and with the exclusion of products falling within Chapters 50 to 63, working or processing carried out in a Contracting Party other than the exporting Contracting Party shall be considered as having been carried out in the exporting Contracting Party when the products obtained undergo subsequent working or processing in that exporting Contracting Party.

• 4. 

  Without prejudice to Article 2, for products falling within Chapters 50 to 63 and only for the purpose of bilateral trade between two Contracting Parties, working or processing carried out in the importing Contracting Party shall be considered as having been carried out in the exporting Contracting Party when the products undergo subsequent working or processing in that exporting Contracting Party.

For the purpose of this paragraph, the participants in the European Union's Stabilisation and Association Process and the Republic of Moldova are to be considered as one Contracting Party.

• 5. 

  Contracting Parties may opt to extend the application of paragraph 3 of this Article on importation of products falling within Chapters 50 to 63 unilaterally. The Contracting Party that decides to extend the application of paragraph 3 shall notify the Joint Committee of that decision, as well as any modifications thereof. Annex VIII shall contain the list of Contracting Parties that have extended the application of paragraph 3 of this Article on importation of products falling within Chapters 50 to 63. The List of Contracting Parties shall be promptly updated after any Contracting Party has ceased to apply the extension. Each Contracting Party shall publish a notice with the list of Contracting Parties in Annex VIII in accordance with their respective internal procedures.

• 6. 

  For the purpose of cumulation within the meaning of paragraphs 3 to 5, the originating products shall be considered as originating in the exporting Contracting Party only if the working or processing undergone there goes beyond the operations referred to in Article 6.

• 7. 

  Products originating in the Contracting Parties referred to in paragraphs 1 and 4 of this Article which do not undergo any working or processing in the exporting Contracting Party shall retain their origin if exported into one of the other Contracting Parties.

Article 8

Conditions for the application of cumulation of origin

• 1. 

  The cumulation provided for in Article 7 may be applied only provided that:

• 2. 

  Notices indicating the fulfilment of the necessary requirements to apply cumulation shall be published in the Official Journal of the European Union (C series) and in the Contracting Parties which are party to the relevant Agreements, in accordance with their own procedures.

The cumulation provided for in Article 7 shall apply from the date indicated in those notices.

The Contracting Parties shall, through the European Commission, provide the other Contracting Parties which are party to the relevant Agreements with details of the Agreements, including their dates of entry into force, which are applied with the other Contracting Parties.

• 3. 

  The proof of origin should include the statement in English ‘CUMULATION APPLIED WITH (name of the country/countries in English)’ when products obtained the originating status in the exporting Contracting Party by application of cumulation of origin in accordance with Article 7.

In cases where a movement certificate EUR.1 is used as a proof of origin, that statement shall be made in Box 7 of the movement certificate EUR.1.

• 4. 

  Contracting Parties may decide, for the products exported to them that obtained the originating status in the exporting Contracting Party by application of cumulation of origin in accordance with Article 7, to waive the obligation of including on the proof of origin the statement referred to in paragraph 3 of this Article.

The Contracting Parties will notify the Joint Committee of their decision to make use of that option. Notices indicating the updated list of Contracting Parties that made use of that option shall be published by the Contracting Parties, according to their own procedures.

Article 9

Unit of qualification

• 1. 

  The unit of qualification for the application of this Convention shall be the particular product which is considered to be the basic unit when determining classification using the nomenclature of the Harmonised System.

It follows that: (a) when a product composed of a group or assembly of articles is classified under the terms of the Harmonised System in a single heading, the whole constitutes the unit of qualification; (b) when a consignment consists of a number of identical products classified under the same heading, each individual item shall be taken into account when applying this Convention.

• 2. 

  Where under General Rule 5 of the Harmonised System packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.

• 3. 

  Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle which are part of the normal equipment and included in the ex-works price thereof shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

Article 10

Sets

Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all the component products are originating.

When a set is composed of originating and non-originating products, the set as a whole shall however be regarded as originating, provided that the value of the non-originating products does not exceed 15 % of the ex-works price of the set.

Article 11

Neutral elements

In order to determine whether a product is an originating product, no account shall be taken of the origin of the following which might be used in its manufacture:

Article 12

Accounting segregation

• 1. 

  If originating and non-originating fungible materials are used in the working or processing of a product, economic operators may ensure the management of materials using the accounting segregation method, without keeping the materials on separate stocks.

• 2. 

  Economic operators may ensure the management of originating and non-originating fungible products of heading 1701 using the accounting segregation method, without keeping the products on separate stocks.

• 3. 

  Contracting Parties may require that the application of accounting segregation is subject to prior authorisation by the Customs authorities. The Customs authorities may grant the authorisation subject to any conditions they deem appropriate and shall monitor the use made of the authorisation. The Customs authorities may withdraw the authorisation whenever the beneficiary makes improper use of the authorisation in any manner whatsoever or fails to fulfil any of the other conditions laid down in this Appendix.

Through the use of accounting segregation it must be ensured that, at any time, no more products can be considered as ‘originating in the exporting Contracting Party’ than would have been the case if a method of physical segregation of the stocks had been used.

The method shall be applied and the application thereof shall be recorded on the basis of the general accounting principles applicable in the exporting Contracting Party.

• 4. 

  The beneficiary of the method referred to in paragraphs 1 and 2 of this Article shall make out or apply for proofs of origin for the quantity of products which may be considered as originating in the exporting Contracting Party. At the request of the customs authorities, the beneficiary shall provide a statement of how the quantities have been managed.

TITLE III

TERRITORIAL REQUIREMENTS

Article 13

Principle of territoriality

• 1. 

  The conditions set out in Title II shall be fulfilled without any interruption in a Contracting Party concerned.

• 2. 

  If originating products exported from a Contracting Party to another country are returned, they shall be considered to be non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

• 3. 

  The obtention of originating status in accordance with the conditions set out in Title II shall not be affected by working or processing done outside the exporting Contracting Party on materials exported from that Contracting Party and subsequently re-imported there, provided:

• 4. 

  For the purposes of paragraph 3 of this Article, the conditions for obtaining originating status set out in Title II shall not apply to working or processing done outside the exporting Contracting Party. However, where, in the list in Annex II, a rule setting a maximum value for all the non-originating materials incorporated is applied in determining the originating status of the end product, the total value of the non-originating materials incorporated in the territory of the exporting Contracting Party, taken together with the total added value acquired outside that Contracting Party by applying this Article, shall not exceed the stated percentage.

• 5. 

  For the purposes of applying paragraphs 3 and 4 of this Article, ‘total added value’ shall be taken to mean all costs arising outside the exporting Contracting Party, including the value of the materials incorporated there.

• 6. 

  Paragraphs 3 and 4 of this Article shall not apply to products which do not fulfil the conditions set out in the list in Annex II or which can be considered sufficiently worked or processed only if the general tolerance fixed in Article 4 is applied.

• 7. 

  Any working or processing of the kind covered by this Article and done outside the exporting Contracting Party shall be done under the outward processing arrangements, or similar arrangements.

Article 14

Non-alteration

• 1. 

  The preferential treatment provided for under the relevant Agreement shall apply only to products satisfying the requirements of this Convention and declared for importation in a Contracting Party provided that those products are the same as those exported from the exporting Contracting Party. They shall not have been altered, transformed in any way or subjected to operations other than to preserve them in good condition or than adding or affixing marks, labels, seals or any documentation to ensure compliance with specific domestic requirements of the importing Contracting Party carried out under customs supervision in the country(ies) of transit or splitting prior to being declared for home use.

• 2. 

  Storage of products or consignments may take place provided they remain under customs supervision in the third country(ies) of transit.

• 3. 

  Without prejudice to Title V of this Appendix, the splitting of consignments may take place, provided they remain under customs supervision in the third country(ies) of splitting.

• 4. 

  In the case of doubt, the importing Contracting Party may request the importer or its representative to submit at any time all appropriate documents to provide evidence of compliance with this Article, which may be given by any documentary evidence, and notably by:

Article 15

Exhibitions

• 1. 

  Originating products, sent for exhibition in a country other than with which cumulation is applicable in accordance with Articles 7 and 8 and sold after the exhibition for importation in a Contracting Party, shall benefit on importation from the relevant Agreement provided it is shown to the satisfaction of the customs authorities that:

• 2. 

  A proof of origin shall be issued or made out in accordance with Title V of this Appendix and submitted to the customs authorities of the importing Contracting Party in the normal manner. The name and address of the exhibition shall be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required.

• 3. 

  Paragraph 1 of this Article shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.

TITLE IV

DRAWBACK OR EXEMPTION

Article 16

Drawback of or exemption from customs duties

• 1. 

  Non-originating materials used in the manufacture of products falling within Chapters 50 to 63 originating in a Contracting Party for which a proof of origin is issued or made out in accordance with Title V of this Appendix shall not be subject in the exporting Contracting Party to drawback of or exemption from customs duties of whatever kind.

• 2. 

  The prohibition in paragraph 1 of this Article shall apply to any arrangement for refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect, applicable in the exporting Contracting Party to materials used in the manufacture, where such refund, remission or non-payment applies, expressly or in effect, when products obtained from the said materials are exported and not when they are retained for home use there.

• 3. 

  The exporter of products covered by a proof of origin shall be prepared to submit at any time, upon request from the customs authorities, all appropriate documents proving that no drawback has been obtained in respect of the non-originating materials used in the manufacture of the products concerned and that all customs duties or charges having equivalent effect applicable to such materials have actually been paid.

• 4. 

  The prohibition in paragraph 1 of this Article shall not apply to trade between the Contracting Parties for products that obtained originating status by application of cumulation of origin covered by Article 7(4) or (5).

• 5. 

  The prohibition in paragraph 1 of this Article shall not apply in bilateral trade between on the one hand Switzerland (including Liechtenstein), Iceland, Norway, Turkey or the European Union with, on the other hand, any participant in the Barcelona process other than Turkey and Israel if the products are considered as originating in the exporting or importing Contracting Party without application of cumulation with materials originating in any of the other Contracting Parties.

• 6. 

  The prohibition in paragraph 1 of this Article shall not apply in bilateral trade between the Contracting Parties being Member Countries of the Agreement setting up a free trade area between the Arab Mediterranean countries (Agadir Agreement), if the products are considered as originating in one of those countries without application of cumulation with materials originating in any of the other Contracting Parties.

TITLE V

PROOF OF ORIGIN

Article 17

General requirements

• 1. 

  Products originating in one of the Contracting Parties shall, on importation into other Contracting Parties, benefit from the relevant Agreements upon submission of one of the following proofs of origin:

• 2. 

  Notwithstanding paragraph 1 of this Article, originating products within the meaning of this Convention shall, in the cases specified in Article 27, benefit from the relevant Agreements without it being necessary to submit any of the proofs of origin referred to in paragraph 1 of this Article.

• 3. 

  Without prejudice to paragraph 1, two or more Contracting Parties may agree among them that, for the preferential trade between those Contracting Parties, proofs of origin listed in points (a) and (b) of paragraph 1 of this Article are replaced by statements on origin made out by exporters registered in an electronic database in accordance with the internal legislation of those Contracting Parties.

• 4. 

  For the purposes of paragraph 1, two or more Contracting Parties may agree among them to establish a system that allows proofs of origin listed in points (a) and (b) of paragraph 1 of this Article to be issued electronically and/or submitted electronically.

Article 18

Conditions for making out an origin declaration

• 1. 

  An origin declaration as referred to in point (b) of Article 17(1) may be made out:

• 2. 

  An origin declaration may be made out if the products can be considered as originating in a Contracting Party and fulfil the other requirements of this Convention.

• 3. 

  The exporter making out an origin declaration shall be prepared to submit at any time, at the request of the customs authorities of the exporting Contracting Party, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Convention.

• 4. 

  An origin declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annex III to this Appendix, using one of the linguistic versions set out in that Annex and in accordance with the provisions of the national law of the exporting country. If the declaration is handwritten, it shall be written in ink in printed characters.

• 5. 

  Origin declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 19 shall not be required to sign such declarations provided that he gives the customs authorities of the exporting Contracting Party a written undertaking that he accepts full responsibility for any origin declaration which identifies him as if it had been signed in manuscript by him.

• 6. 

  An origin declaration may be made out by the exporter when the products to which it relates are exported, or after exportation (the ‘retrospective origin declaration’) on condition that it is presented in the importing country within two years after the importation of the products to which it relates.

Where the splitting of a consignment takes place in accordance with Article 14(3) and provided that the same two-year deadline is respected, the retrospective origin declaration shall be made out by the approved exporter of the Contracting Party of exportation of the products.

Article 19

Approved exporter

• 1. 

  The customs authorities of the exporting Contracting Party may, subject to national requirements, authorise any exporter established in that Contracting Party (the ‘approved exporter’), to make out origin declarations irrespective of the value of the products concerned.

• 2. 

  An exporter who requests such authorisation must offer, to the satisfaction of the customs authorities, all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Convention.

• 3. 

  The customs authorities shall grant to the approved exporter a customs authorisation number which shall appear on the origin declaration.

• 4. 

  The customs authorities shall verify the proper use of an authorisation. They may withdraw the authorisation if the approved exporter makes improper use of it and shall do so if the approved exporter no longer offers the guarantees referred to in paragraph 2 of this Article.

Article 20

Procedure for issuing of a movement certificate EUR.1

• 1. 

  A movement certificate EUR.1 shall be issued by the customs authorities of the exporting Contracting Party on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorised representative.

• 2. 

  For that purpose, the exporter or his authorised representative shall fill in both the movement certificate EUR.1 and the application form, specimens of which appear in Annex IV to this Appendix. Those forms shall be completed in one of the languages in which this Convention is drawn up and in accordance with the provisions of the national law of the exporting country. If the completion of the forms is done in handwriting, they shall be completed in ink in printed characters. The description of the products shall be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line shall be drawn below the last line of the description, the empty space being crossed through.

• 3. 

  The exporter applying for the issue of a movement certificate EUR.1 shall be prepared to submit at any time, at the request of the customs authorities of the exporting Contracting Party where the movement certificate EUR.1 is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Convention.

• 4. 

  A certificate of origin shall be issued by the competent authorities of the exporting Contracting Party if the products concerned can be considered as products originating and fulfil the other requirements of this Convention.

• 5. 

  The customs authorities issuing movement certificates EUR.1 shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of this Convention. For that purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate. They shall also ensure that the forms referred to in paragraph 2 of this Article are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.

• 6. 

  The date of issue of the movement certificate EUR.1 shall be indicated in Box 11 of the movement certificate EUR.1.

• 7. 

  A movement certificate EUR.1 shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.

Article 21

Movement certificates EUR.1 issued retrospectively

• 1. 

  Notwithstanding Article 20(7), a movement certificate EUR.1 may be issued after exportation of the products to which it relates if:

• 2. 

  For the implementation of paragraph 1 of this Article, the exporter shall indicate in his application the place and date of exportation of the products to which the movement certificate EUR.1 relates, and state the reasons for his request.

• 3. 

  The customs authorities may issue a movement certificate EUR.1 retrospectively within two years from the date of exportation and only after verifying that the information supplied in the exporter's application complies with that in the corresponding file.

• 4. 

  Movement certificates EUR.1 issued retrospectively shall be endorsed with the following phrase in English: ‘ISSUED RETROSPECTIVELY’.

• 5. 

  The endorsement referred to in paragraph 4 shall be inserted in Box 7 of the movement certificate EUR.1.

Article 22

Issue of a duplicate movement certificate EUR.1

• 1. 

  In the event of theft, loss or destruction of a movement certificate EUR.1, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession.

• 2. 

  The duplicate issued in accordance with paragraph 1 of this Article shall be endorsed with the following word in English: ‘DUPLICATE’.

• 3. 

  The endorsement referred to in paragraph 2 shall be inserted in Box 7 of the duplicate movement certificate EUR.1.

• 4. 

  The duplicate, which shall bear the date of issue of the original movement certificate EUR.1, shall take effect as from that date.

Article 23

Validity of proof of origin

• 1. 

  A proof of origin shall be valid for 10 months from the date of issue or making out in the exporting Contracting Party, and shall be submitted within that period to the customs authorities of the importing Contracting Party.

• 2. 

  Proofs of origin which are submitted to the customs authorities of the importing Contracting Party after the period of validity referred to in paragraph 1 may be accepted for the purpose of applying the tariff preferences, where failure to submit those documents by the final date set is due to exceptional circumstances.

• 3. 

  In other cases of belated presentation, the customs authorities of the importing Contracting Party may accept the proofs of origin where the products have been presented to customs before the said final date.

Article 24

Free zones

• 1. 

  The Contracting Parties shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

• 2. 

  By way of derogation from paragraph 1, when products originating in a Contracting Party are imported into a free zone under cover of a proof of origin and undergo treatment or processing, a new proof or origin may be issued or made out, if the treatment or processing undergone complies with this Convention.

Article 25

Importation requirements

Proofs of origin shall be submitted to the customs authorities of the importing Contracting Party in accordance with the procedures applicable in that Contracting Party.

Article 26

Importation by instalments

Where, at the request of the importer and subject to the conditions laid down by the customs authorities of the importing Contracting Party, dismantled or non-assembled products within the meaning of General Rule 2(a) for the interpretation of the Harmonised System falling within Sections XVI and XVII or headings 7308 and 9406 are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities on importation of the first instalment.

Article 27

Exemptions from proof of origin

• 1. 

  Products sent as small packages from private persons to private persons or forming part of travellers' personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Convention and where there is no doubt as to the veracity of such a declaration.

• 2. 

  Imports shall not be considered as imports by way of trade if all the following conditions are met:

• 3. 

  The total value of those products shall not exceed EUR 500 in the case of small packages or EUR 1 200 in the case of products forming part of travellers' personal luggage.

Article 28

Discrepancies and formal errors

• 1. 

  The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that that document does correspond to the products submitted.

• 2. 

  Obvious formal errors such as typing errors on a proof of origin shall not cause the documents referred to in paragraph 1 of this Article to be rejected if those errors are not such as to create doubts concerning the correctness of the statements made in those documents.

Article 29

Supplier's declarations

• 1. 

  When a movement certificate EUR.1 is issued or an origin declaration is made out in a Contracting Party for originating products, in the manufacture of which goods coming from a Contracting Party which have undergone working or processing in those Contracting Parties without having obtained preferential originating status have been used in accordance with Article 7(3) or Article 7(4) account shall be taken of the supplier's declaration given for those goods in accordance with this Article.

• 2. 

  The supplier's declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in a Contracting Party by the goods concerned for the purpose of determining whether the products in the manufacture of which those goods are used, may be considered as products originating in the exporting Contracting Party and fulfil the other requirements of this Appendix.

• 3. 

  A separate supplier's declaration shall, except in the cases referred to in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex VI on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.

• 4. 

  Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in a Contracting Party is expected to remain constant for a period of time, he may provide a single supplier's declaration to cover subsequent consignments of those goods (the ‘long-term supplier's declaration’). A long-term supplier's declaration may normally be valid for a period of up to two years from the date of making out the declaration. The customs authorities of the Contracting Party where the declaration is made out lay down the conditions under which longer periods may be used. The long-term supplier's declaration shall be made out by the supplier in the form prescribed in Annex VII and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by that declaration or together with his first consignment. The supplier shall inform his customer immediately if the long-term supplier's declaration is no longer applicable to the goods supplied.

• 5. 

  The supplier's declarations referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages in which this Convention is drawn up, in accordance with the national law of the Contracting Party where the declaration is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.

• 6. 

  The supplier making out a declaration shall be prepared to submit at any time, at the request of the customs authorities of the Contracting Party where the declaration is made out, all appropriate documents proving that the information given on that declaration is correct.

Article 30

Amounts expressed in euro

• 1. 

  For the purposes of application of the point (b) of Article 18(1) and Article 27(3) in cases where products are invoiced in a currency other than euro, amounts in the national currencies of the Contracting Parties equivalent to the amounts expressed in euro shall be fixed annually by each of the countries concerned.

• 2. 

  A consignment shall benefit from the point (b) of Article 18(1) or Article 27(3) by reference to the currency in which the invoice is drawn up, according to the amount fixed by the country concerned.

• 3. 

  The amounts to be used in any given national currency shall be the equivalent in that currency of the amounts expressed in euro as at the first working day of October. The amounts shall be communicated to the European Commission by 15 October and shall apply from 1 January the following year. The European Commission shall notify all countries concerned of the relevant amounts.

• 4. 

  A country may round up or down the amount resulting from the conversion into its national currency of an amount expressed in euro. The rounded-off amount may not differ from the amount resulting from the conversion by more than 5 %. A country may retain unchanged its national currency equivalent of an amount expressed in euro if, at the time of the annual adjustment provided for in paragraph 3, the conversion of that amount, prior to any rounding-off, results in an increase of less than 15 % in the national currency equivalent. The national currency equivalent may be retained unchanged if the conversion were to result in a decrease in that equivalent value.

• 5. 

  The amounts expressed in euro shall be reviewed by the Joint Committee at the request of any Contracting Party. When carrying out that review, the Joint Committee shall consider the desirability of preserving the effects of the limits concerned in real terms. For that purpose, it may decide to modify the amounts expressed in euro.

TITLE VI

PRINCIPLES OF COOPERATION AND DOCUMENTARY EVIDENCE

Article 31

Documentary evidence, preservation of proofs of origin and supporting documents

• 1. 

  An exporter who has made out an origin declaration or has applied for a movement certificate EUR.1 shall keep a hard copy or an electronic version of those proofs of origin and all documents supporting the originating status of the product, for at least three years from the date of issuance or making out of the origin declaration.

• 2. 

  The supplier making out a supplier's declaration shall keep copies of the declaration and of all the invoices, delivery notes or other commercial documents to which that declaration is annexed as well as the documents referred to in Article 29(6) for at least three years.

The supplier making out a long-term supplier's declaration shall keep copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 29(6) for at least three years. That period shall begin from the date of expiry of validity of the long-term supplier's declaration.

• 3. 

  For the purposes of paragraph 1 the documents supporting the originating status, inter alia, are the following:

• 4. 

  The customs authorities of the exporting Contracting Party issuing movement certificates EUR.1 shall keep the application form referred to in Article 20(2) for at least three years.

• 5. 

  The customs authorities of the importing Contracting Party shall keep the origin declarations and the movement certificates EUR.1 submitted to them for at least three years.

• 6. 

  Supplier's declarations proving the working or processing undergone in a Contracting Party by materials used, made out in that Contracting Party, shall be treated as a document referred to in Articles 18(3), 20(3) and 29(6) used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in that Contracting Party and fulfil the other requirements of this Appendix.

Article 32

Dispute settlement

Where disputes arise in relation to the verification procedures under Articles 34 and 35 which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out that verification, they shall be submitted to the bilateral body established by the relevant Agreement. Where disputes other than those related to the verification procedures of Articles 34 and 35 arise in relation to the interpretation of this Convention, they shall be submitted to the Joint Committee.

In all cases the settlement of disputes between the importer and the customs authorities of the importing Contracting Party shall take place in accordance with the legislation of that Contracting Party.

TITLE VII

ADMINISTRATIVE COOPERATION

Article 33

Notification and cooperation

• 1. 

  The customs authorities of the Contracting Parties shall provide each other with specimen impressions of stamps used in their customs offices for the issue of movement certificates EUR.1, with the models of the authorisation numbers granted to approved exporters and with the addresses of the customs authorities responsible for verifying those certificates and origin declarations.

• 2. 

  In order to ensure the proper application of this Convention, the Contracting Parties shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations, the supplier's declarations and the correctness of the information given in those documents.

Article 34

Verification of proofs of origin

• 1. 

  Subsequent verifications of proofs of origin shall be carried out at random or whenever the customs authorities of the importing Contracting Party have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Convention.

• 2. 

  When they make a request for subsequent verification, the customs authorities of the importing Contracting Party shall return the movement certificate EUR.1 and the invoice, if it has been submitted, the origin declaration, or a copy of those documents, to the customs authorities of the exporting Contracting Party giving, where appropriate, the reasons for the request for verification. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.

• 3. 

  The verification shall be carried out by the customs authorities of the exporting Contracting Party. For that purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate.

• 4. 

  If the customs authorities of the importing Contracting Party decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.

• 5. 

  The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. Those results shall indicate clearly whether the documents are authentic and whether the products concerned may be considered as products originating in one of the Contracting Parties and fulfil the other requirements of this Convention.

• 6. 

  If in cases of reasonable doubt there is no reply within 10 months of the date of the verification request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.

Article 35

Verification of supplier's declarations

• 1. 

  Subsequent verifications of supplier's declarations or long-term supplier's declarations may be carried out at random or whenever the customs authorities of a Contracting Party where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in that document.

• 2. 

  For the purposes of implementing the provisions of paragraph 1, the customs authorities of the Contracting Party referred to in paragraph 1 shall return the supplier's declaration or the long-term supplier's declaration and invoice(s), delivery note(s) or other commercial document(s) concerning goods covered by such declaration, to the customs authorities of the country where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.

They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier's declaration or the long-term supplier's declaration is incorrect.

• 3. 

  The verification shall be carried out by the customs authorities of the Contracting Party where the supplier's declaration or the long-term supplier's declaration was made out. For that purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier's accounts or any other check which they consider appropriate.

• 4. 

  The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. Those results shall indicate clearly whether the information given in the supplier's declaration or the long-term supplier's declaration is correct and make it possible for them to determine whether and to what extent such declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.

Article 36

Penalties

Each Contracting Party shall provide for the imposition of criminal, civil or administrative penalties for violations of its national legislation related to this Convention.

TITLE VIII

APPLICATION OF APPENDIX I

Article 37

European Economic Area

Goods originating in the European Economic Area (EEA) within the meaning of Protocol 4 to the Agreement on the European Economic Area shall be considered as originating in the European Union, Iceland, Liechtenstein or Norway (the ‘EEA Parties’) when exported respectively from the European Union, Iceland, Liechtenstein or Norway to a Contracting Party other than the EEA Parties, provided that free trade agreements are applicable between the importing Contracting Party and the EEA Parties.

Article 38

Liechtenstein

Without prejudice to Article 2, a product originating in Liechtenstein shall, due to the customs union between Switzerland and Liechtenstein, be considered as originating in Switzerland.

Article 39

Republic of San Marino

Without prejudice to Article 2, a product originating in the Republic of San Marino shall, due to the customs union between the European Union and the Republic of San Marino, be considered as originating in the European Union.

Article 40

Principality of Andorra

Without prejudice to Article 2, a product originating in the Principality of Andorra classified under Chapters 25 to 97 shall, due to the customs union between the European Union and the Principality of Andorra, be considered as originating in the European Union.

Article 41

Ceuta and Melilla

• 1. 

  For the purposes of this Convention, the term ‘European Union’ shall not cover Ceuta and Melilla.

• 2. 

  Products originating in a Contracting Party other than the European Union, when imported into Ceuta or Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the European Union under Protocol 2 of the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties (2). The Contracting Parties other than the European Union shall grant to imports of products covered by the relevant Agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the European Union.

• 3. 

  For the purposes of paragraph 2 this Convention shall apply to the products originating in Ceuta and Melilla mutatis mutandis and subject to the special conditions set out in Annex V.

“ANNEX I

INTRODUCTORY NOTES TO THE LIST IN ANNEX II

Note 1 – General introduction

The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 4 of Title II of Appendix I. There are four different types of rules, which vary according to the product:

Note 2 – The structure of the list

Note 3 – Examples of how to apply the rules

Note 4 – General provisions concerning certain agricultural goods

Note 5 – Terminology used in respect of certain textile products

Note 6 – Tolerances applicable to products made of a mixture of textile materials

Note 7 – Other tolerances applicable to certain textile products

Note 8 – Definition of specific processes and simple operations carried out in respect of certain products of Chapter 27

Note 9 – Definition of specific processes and simple operations carried out in respect of certain products

Note 9.1: Products falling within Chapter 30 obtained in a Contracting Party by using cell cultures, shall be considered as originating in that Contracting Party. ‘Cell culture’ is defined as the cultivation of human, animal and plant cells under controlled conditions (such as defined temperatures, growth medium, gas mixture, pH) outside a living organism.

Note 9.2: Products falling within Chapters 29 (except for: 2905.43-2905.44), 30, 32, 33 (except for: 3302.10, 3301) 34, 35 (except for: 35.01, 3502.11-3502.19, 3502.20, 35.05), 36, 37, 38 (except for: 3809.10, 38.23, 3824.60, 38.26) and 39 (except for: 39.16-39.26) obtained in a Contracting Party by fermentation shall be considered as originating in that Contracting Party. ‘Fermentation’ is a biotechnological process in which human, animal, plant cells, bacteria, yeasts, fungi or enzymes are used to produce products falling within Chapters 29 to 39.

Note 9.3: Following transformations are considered sufficient according to Article 4 for products falling within Chapters 28, 29 (except for: 2905.43-2905.44), 30, 32, 33 (except for: 3302.10, 3301) 34, 35 (except for: 35.01, 3502.11-3502.19, 3502.20, 35.05), 36, 37, 38 (except for: 3809.10, 38.23, 3824.60, 38.26) and 39 (except for: 39.16-39.26):

“ANNEX II

LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER FOR THE PRODUCT MANUFACTURED TO OBTAIN ORIGINATING STATUS

“ANNEX III

TEXT OF THE ORIGIN DECLARATION

The origin declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

Albanian version

Eksportuesi i produkteve të mbuluara nga ky dokument (autorizim doganor Nr. … (6)) deklaron që përveç rasteve kur tregohet qartësisht ndryshe, këto produkte janë me origjine preferenciale … (7)

Arabic version

Bosnian version

Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. … (6)) izjavljuje da su, osim ako je to drugačije izričito navedeno, ovi proizvodi … (7) preferencijalnog porijekla.

Bulgarian version

Износителят на продуктите, обхванати от този документ (митническо разрешение № … (6)) декларира, че освен където ясно е отбелязано друго, тези продукти са с … преференциален произход (7).

Croatian version

Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. … (6)) izjavljuje da su, osim ako je drukčije izričito navedeno, ovi proizvodi … (7) preferencijalnog podrijetla.

Czech version

Vývozce výrobků uvedených v tomto dokumentu (číslo povolení … (6)) prohlašuje, že kromě zřetelně označených mají tyto výrobky preferenční původ v … (7)

Danish version

Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. … (6)), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i … (7)

Dutch version

De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. … (6)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële … oorsprong zijn (7).

English version

The exporter of the products covered by this document (customs authorization No … (6)) declares that, except where otherwise clearly indicated, these products are of … (7) preferential origin.

Estonian version

Käesoleva dokumendiga hõlmatud toodete eksportija (tolli kinnitus nr. … (6)) deklareerib, et need tooted on … (7) sooduspäritoluga, välja arvatud juhul, kui on selgelt näidatud teisiti.

Faeroese version

Ùtflytarin av vørunum, sum hetta skjal fevnir um (tollvaldsins loyvi nr. … (6)) váttar, at um ikki nakað annað er tilskilað, eru hesar vørur upprunavørur … (7).

Finnish version

Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa n:o … (6)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja … alkuperätuotteita (7)

French version

L'exportateur des produits couverts par le présent document (autorisation douanière no … (6)) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle … (7)

German version

Der Ausführer (ermächtigter Ausführer; Bewilligungs-Nr. … (6)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte … (7) Ursprungswaren sind.

Georgian version

Greek version

Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ' αριθ. … (6)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (7)

Hebrew version

Hungarian version

A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: … (6)) kijelentem, hogy eltérő egyértelmű jelzés hiányában az áruk kedvezményes … (7) származásúak.

Icelandic version

Útflytjandi framleiðsluvara sem skjal þetta tekur til (leyfi tollyfirvalda nr … (6)), lýsir því yfir að vörurnar séu, ef annars er ekki greinilega getið, af … fríðindauppruna (7).

Italian version

L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. … (6)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale … (7)

Latvian version

Eksportētājs produktiem, kuri ietverti šajā dokumentā (muitas pilnvara Nr. … (6)), deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir priekšrocību izcelsme no … (7)

Lithuanian version

Šiame dokumente nurodytų produktų eksportuotojas (muitinės leidimo Nr. … (6)) deklaruoja, kad, jeigu aiškiai nenurodyta kitaip, šie produktai turi … (7) lengvatinės kilmės statusą.

Maltese version

L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni tad-dwana nru. … (6)) jiddikjara li, ħlief fejn indikat b'mod ċar li mhux hekk, dawn il-prodotti huma ta' oriġini preferenzjali … (7).

Montenegrin version

Извозник производа обухваћених овом исправом (царинско овлашћење бр. … (6)) изјављује да су, осим ако је тo другачије изричито наведено, ови производи … (7) преференцијалног поријекла.

Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlašćenje br … (6)) izjavljuje da su, osim ako je to drugačije izričito navedeno, ovi proizvodi … (7) preferencijalnog porijekla.

Norwegian version

Eksportøren av produktene omfattet av dette dokument (tollmyndighetenes autorisasjons nr … (6)) erklærer at disse produktene, unntatt hvor annet er tydelig angitt, har … preferanseopprinnelse (7).

Polish version

Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr … (6)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają … (7) preferencyjne pochodzenie.

Portuguese version

O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorização aduaneira no. … (6)), declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial … (7).

Romanian version

Exportatorul produselor ce fac obiectul acestui document (autorizația vamală nr. … (6)) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferențială … (7).

Serbian version

Извозник производа обухваћених овом исправом (царинско овлашћење бр. … (6)) изјављује да су, осим ако је тo другачије изричито наведено, ови производи … (7) преференцијалног порекла.

Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlašćenje br … (6)) izjavljuje da su, osim ako je to drugačije izričito navedeno, ovi proizvodi … (7) preferencijalnog porekla.

Slovak version

Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia … (6)) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v … (7).

Slovenian version

Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št … (6)), izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno … (7) poreklo.

Spanish version

El exportador de los productos incluidos en el presente documento (autorización aduanera no … (6)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial … (7).

Swedish version

Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr. … (6)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande … ursprung (7).

Turkish version

İșbu belge (gümrük onay No: … (6)) kapsamındaki maddelerin ihracatçısı aksi açıkça belirtilmedikçe, bu maddelerin … tercihli menșeli (7) maddeler olduğunu beyan eder.

Ukrainian version

Експортер продукцiї, на яку поширюється цей документ (митний дозвiл № … (6)), заявляє, що за винятком випадкiв, де цеявно зазначено, цi товари є товарами преференцiйного походження … (7).

Macedonian version

Извозникот на производите што ги покрива овоj документ (царинскo одобрение бр. … (6)) изјавува дека, освен ако тоа не е јасно поинаку назначено, овие производи се со … (7) преференцијално потекло.

…

(Place and date) (8)

…

(Signature of the exporter, in addition the name of the person signing the declaration has to be indicated in clear script) (9)

“ANNEX IV

SPECIMENS OF MOVEMENT CERTIFICATE EUR.1 AND APPLICATION FOR A MOVEMENT CERTIFICATE EUR.1

PRINTING INSTRUCTIONS

MOVEMENT CERTIFICATE EUR.1

• 1. 

  Exporter (Name, full address, country)

EUR.1 No A 000.000

See notes overleaf before completing this form.

• 2. 

  Certificate used in preferential trade between

…

and

…

(Insert appropriate countries, groups of countries or territories)

• 3. 

  Consignee (Name, full address, country) (Optional)

• 4. 

  Country, group of countries or territory in which the products are considered as originating

• 5. 

  Country, group of countries or territory of destination

• 6. 

  Transport details (Optional)

• 7. 

  Remarks

• 8. 

  Item number; Marks and numbers; Number and kind of packages (1); Description of goods

• 9. 

  Gross mass (kg) or other measure (litres, m3, etc.)

• 10. 

  Invoices

(Optional)

• 11. 

  CUSTOMS ENDORSEMENT

Declaration certified

Export document(2)

Form …No …

Of …

Customs office …

Issuing country or territory …

…

…

Place and date …

…

…

(Signature)

Stamp

• 12. 

  DECLARATION BY THE EXPORTER

I, the undersigned, declare that the goods described above meet the conditions required for the issue of this certificate.

Place and date …

…

(Signature)

• (1) 

  If goods are not packed, indicate number of articles or state ‘in bulk’, as appropriate.

• (2) 

  Complete only where the regulations of the exporting country or territory require.

• 13. 

  REQUEST FOR VERIFICATION, to

• 14. 

  RESULT OF VERIFICATION

Verification carried out shows that this certificate(1)

was issued by the customs office indicated and that the information contained therein is accurate.

does not meet the requirements as to authenticity and accuracy (see remarks appended).

…

(Place and date)

Stamp

…

(Signature)

• (1) 

  Insert X in the appropriate box.

Verification of the authenticity and accuracy of this certificate is requested.

…

(Place and date)

Stamp

…

(Signature)

NOTES

APPLICATION FOR A MOVEMENT CERTIFICATE EUR.1

• 1. 

  Exporter (Name, full address, country)

EUR.1 No A 000.000

See notes overleaf before completing this form.

• 2. 

  Application for a certificate to be used in preferential trade between

…

and

…

(Insert appropriate countries or groups of countries or territories)

• 3. 

  Consignee (Name, full address, country) (Optional)

• 4. 

  Country, group of countries or territory in which the products are considered as originating

• 5. 

  Country, group of countries or territory of destination

• 6. 

  Transport details (Optional)

• 7. 

  Remarks

• 8. 

  Item number; Marks and numbers; Number and kind of packages(1); Description of goods

• 9. 

  Gross mass (kg) or other measure (litres, m3, etc.)

• 10. 

  Invoices

(Optional)

• (1) 

  If goods are not packed, indicate number of articles or state ‘in bulk’, as appropriate.

DECLARATION BY THE EXPORTER

I, the undersigned, exporter of the goods described overleaf,

DECLARE that the goods meet the conditions required for the issue of the attached certificate;

SPECIFY as follows the circumstances which have enable these goods to meet the above conditions:

…

…

…

…

SUBMIT the following supporting documents (10):

…

…

…

…

UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which those authorities may require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspection of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said authorities;

REQUEST the issue of the attached certificate for those goods.

…

(Place and date)

…

(Signature)

“ANNEX V

SPECIAL CONDITIONS CONCERNING PRODUCTS ORIGINATING IN CEUTA AND MELILLA

Sole Article

• 1. 

  Providing they comply with the non-alteration rule of Article 14 of Appendix I, the following shall be considered as:

• 2. 

  Ceuta and Melilla shall be considered as a single territory.

• 3. 

  The exporter or his authorised representative shall enter the name of the exporting or importing Contracting Party and ‘Ceuta and Melilla’ in Box 2 of movement certificates EUR.1 or on origin declarations. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in Box 4 of movement certificates EUR.1 or on origin declarations.

• 4. 

  The Spanish customs authorities shall be responsible for the application of this Convention in Ceuta and Melilla.

“ANNEX VI

SUPPLIER’S DECLARATION

The supplier’s declaration, the text of which is provided below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

SUPPLIER’S DECLARATION

for goods which have undergone working or processing in Contracting Parties of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin without having obtained preferential origin status

I, the undersigned, supplier of the goods covered by the annexed document, declare that:

“ANNEX VII

LONG-TERM SUPPLIER’S DECLARATION

The long-term supplier’s declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

LONG-TERM SUPPLIER’S DECLARATION

for goods which have undergone working or processing in Contracting Parties of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin without having obtained preferential origin status

I, the undersigned, supplier of the goods covered by the annexed document, which are regularly supplied to (15) …, declare that:

This declaration is valid for all subsequent consignments of those goods dispatched from …

to … (20)

I undertake to inform … (15) immediately if this declaration is no longer valid.

“ANNEX VIII

LIST OF CONTRACTING PARTIES HAVING OPTED TO EXTEND THE APPLICATION OF ARTICLE 7(3) ON IMPORTATION OF PRODUCTS FALLING WITHIN CHAPTERS 50 TO 63

Contracting Parties using this option are listed below.

”;

Appendix II is replaced by the following:

“Appendix II

SPECIAL PROVISIONS DEROGATING FROM THE PROVISIONS LAID DOWN IN APPENDIX I

TABLE OF CONTENTS

Sole Article

Sole Article

This Appendix sets out special provisions that were agreed before 1 January 2019 and are applicable between certain Contracting Parties and derogating from the provisions laid down in Appendix I.

“ANNEX I

TRADE BETWEEN THE EUROPEAN UNION AND THE PARTICIPANTS IN THE EUROPEAN UNION’S STABILISATION AND ASSOCIATIONS PROCESS

Article 1

Products listed below shall be excluded from cumulation provided for in Article 7 of Appendix I, if:

“ANNEX II

TRADE BETWEEN THE EUROPEAN UNION AND THE PEOPLE’S DEMOCRATIC REPUBLIC OF ALGERIA

Article 1

Goods having acquired their origin by application of the provisions foreseen in this Annex shall be excluded from cumulation as referred to in Article 7 of Appendix I.

Article 2

Cumulation in the European Union

For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Morocco, Algeria or Tunisia shall be considered as having been carried out in the European Union when the products obtained undergo subsequent working or processing in the European Union. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in the European Union only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.

Article 3

Cumulation in Algeria

For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in the European Union, in Morocco or Tunisia shall be considered as having been carried out in Algeria when the products obtained undergo subsequent working or processing in Algeria. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in Algeria only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.

Article 4

Proofs of origin

• 1. 

  Without prejudice to Article 20(4) and (5) of Appendix I, a movement certificate EUR.1 shall be issued by the customs authorities of a Member State of the European Union or of Algeria if the products concerned can be considered as products originating in the European Union or in Algeria, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.

• 2. 

  Without prejudice to Article 21(2) and (3) of Appendix I, an origin declaration may be made out if the products concerned may be considered as products originating in the European Union or in Algeria, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.

Article 5

Supplier’s declaration

• 1. 

  When a movement certificate EUR.1 is issued, or an origin declaration is made out, in the European Union or Algeria for originating products, in the manufacture of which goods coming from Algeria, Morocco, Tunisia or the European Union which have undergone working or processing in these countries without having obtained preferential originating status, have been used, account shall be taken of the supplier’s declaration given for these goods in accordance with this Article.

• 2. 

  The supplier’s declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in Algeria, Morocco, Tunisia or the European Union by the goods concerned for the purpose of determining whether the products in the manufacture of which these goods are used, may be considered as products originating in the European Union or Algeria and fulfil the other requirements of Appendix I to this Convention.

• 3. 

  A separate supplier’s declaration shall, except in the cases referred to in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex A on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.

• 4. 

  Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in Algeria, Morocco, Tunisia or the European Union is expected to remain constant for considerable periods of time, he may provide a single supplier’s declaration to cover subsequent consignments of those goods, hereinafter referred to as a ‘long-term supplier’s declaration’.

A long-term supplier’s declaration may normally be valid for a period of up to one year from the date of making out the declaration. The customs authorities of the country where the declaration is made out lay down the conditions under which longer periods may be used.

The long-term supplier’s declaration shall be made out by the supplier in the form prescribed in Annex B and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by this declaration or together with his first consignment.

The supplier shall inform his customer immediately if the long-term supplier’s declaration is no longer applicable to the goods supplied.

• 5. 

  The supplier’s declaration referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages in which the Agreement is drawn up, in accordance with the provisions of the national law of the country where it is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.

• 6. 

  The supplier making out a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is made out, all appropriate documents proving that the information given on this declaration is correct.

Article 6

Supporting documents

Supplier’s declaration proving the working or processing undergone in the European Union, Tunisia, Morocco or Algeria by materials used, made out in one of these countries, shall be treated as a document referred to in Articles 20(3) and 18(3) of Appendix I and Article 5(6) of this Annex used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in the European Union or in Algeria and fulfil the other requirements of Appendix I to this Convention.

Article 7

Preservation of supplier’s declaration

The supplier making out a supplier’s declaration shall keep for at least three years copies of the declaration and of the invoice, delivery notes or other commercial document to which this declaration is annexed as well as the documents referred to in Article 5(6) of this Annex.

The supplier making out a long-term supplier’s declaration shall keep for at least three years copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 5(6) of this Annex. This period shall begin from the date of expiry of validity of the long-term supplier’s declaration.

Article 8

Administrative cooperation

In order to ensure the proper application of this Annex, the European Union and Algeria shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations or the supplier’s declarations and the correctness of the information given in these documents.

Article 9

Verification of supplier’s declarations

• 1. 

  Subsequent verifications of supplier’s declarations or long-term supplier’s declarations may be carried out at random or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in this document.

• 2. 

  For the purposes of implementing the provisions of paragraph 1, the customs authorities of the country referred to in paragraph 1 shall return the supplier’s declaration and invoice(s), delivery note(s) or other commercial documents concerning goods covered by this declaration, to the customs authorities of the country where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.

They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier’s declaration is incorrect.

• 3. 

  The verification shall be carried out by the customs authorities of the country where the supplier’s declaration was made out. For this purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier’s accounts or any other check which they consider appropriate.

• 4. 

  The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. These results shall indicate clearly whether the information given in the supplier’s declaration is correct and make it possible for them to determine whether and to what extent this supplier’s declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.

Article 10

Sanctions

Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.

Article 11

Free zones

• 1. 

  The European Union and Algeria shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

• 2. 

  By way of derogation from paragraph 1, when products originating in the European Union or Algeria are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new movement certificate EUR.1 at the exporter’s request, if the treatment or processing undergone complies with the provisions of this Convention.

“ANNEX III

TRADE BETWEEN THE EUROPEAN UNION AND THE KINGDOM OF MOROCCO

Article 1

Goods having acquired their origin by application of the provisions foreseen in this Annex shall be excluded from cumulation as referred to in Article 7 of Appendix I.

Article 2

Cumulation in the European Union

For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Morocco, Algeria or Tunisia shall be considered as having been carried out in the European Union when the products obtained undergo subsequent working or processing in the European Union. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in the European Union only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.

Article 3

Cumulation in Morocco

For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in the European Union, in Algeria or Tunisia shall be considered as having been carried out in Morocco when the products obtained undergo subsequent working or processing in Morocco. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in Morocco only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.

Article 4

Proofs of origin

• 1. 

  Without prejudice to Article 20(4) and (5) of Appendix I, a movement certificate EUR.1 shall be issued by the customs authorities of a Member State of the European Union or of Morocco if the products concerned can be considered as products originating in the European Union or in Morocco, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.

• 2. 

  Without prejudice to Article 21(2) and (3) of Appendix I, an origin declaration may be made out if the products concerned may be considered as products originating in the European Union or in Morocco, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.

Article 5

Supplier’s declaration

• 1. 

  When a movement certificate EUR.1 is issued, or an origin declaration is made out, in the European Union or Morocco for originating products, in the manufacture of which goods coming from Algeria, Morocco, Tunisia or the European Union which have undergone working or processing in these countries without having obtained preferential originating status, have been used, account shall be taken of the supplier’s declaration given for these goods in accordance with this Article.

• 2. 

  The supplier’s declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in Algeria, Morocco, Tunisia or the European Union by the goods concerned for the purpose of determining whether the products in the manufacture of which these goods are used, may be considered as products originating in the European Union or Morocco and fulfil the other requirements of Appendix I to this Convention.

• 3. 

  A separate supplier’s declaration shall, except in the cases referred to in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex A on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.

• 4. 

  Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in Algeria, Morocco, Tunisia or the European Union is expected to remain constant for considerable periods of time, he may provide a single supplier’s declaration to cover subsequent consignments of those goods, hereinafter referred to as a ‘long-term supplier’s declaration’.

A long-term supplier’s declaration may normally be valid for a period of up to one year from the date of making out the declaration. The customs authorities of the country where the declaration is made out lay down the conditions under which longer periods may be used.

The long-term supplier’s declaration shall be made out by the supplier in the form prescribed in Annex B and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by this declaration or together with his first consignment.

The supplier shall inform his customer immediately if the long-term supplier’s declaration is no longer applicable to the goods supplied.

• 5. 

  The supplier’s declaration referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages in which the Agreement is drawn up, in accordance with the provisions of the national law of the country where it is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.

• 6. 

  The supplier making out a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is made out, all appropriate documents proving that the information given on this declaration is correct.

Article 6

Supporting documents

Supplier’s declaration proving the working or processing undergone in the European Union, Tunisia, Morocco or Algeria by materials used, made out in one of these countries, shall be treated as a document referred to in Articles 20(3) and 18(3) of Appendix I and Article 5(6) of this Annex used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in the European Union or in Morocco and fulfil the other requirements of Appendix I to this Convention.

Article 7

Preservation of supplier’s declaration

The supplier making out a supplier’s declaration shall keep for at least three years copies of the declaration and of the invoice, delivery notes or other commercial document to which this declaration is annexed as well as the documents referred to in Article 5(6) of this Annex.

The supplier making out a long-term supplier’s declaration shall keep for at least three years copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 5(6) of this Annex. This period shall begin from the date of expiry of validity of the long-term supplier’s declaration.

Article 8

Administrative cooperation

In order to ensure the proper application of this Annex, the European Union and Morocco shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations or the supplier’s declarations and the correctness of the information given in these documents.

Article 9

Verification of supplier’s declarations

• 1. 

  Subsequent verifications of supplier’s declarations or long-term supplier’s declarations may be carried out at random or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in this document.

• 2. 

  For the purposes of implementing the provisions of paragraph 1, the customs authorities of the country referred to in paragraph 1 shall return the supplier’s declaration and invoice(s), delivery note(s) or other commercial documents concerning goods covered by this declaration, to the customs authorities of the country where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.

They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier’s declaration is incorrect.

• 3. 

  The verification shall be carried out by the customs authorities of the country where the supplier’s declaration was made out. For this purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier’s accounts or any other check which they consider appropriate.

• 4. 

  The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. These results shall indicate clearly whether the information given in the supplier’s declaration is correct and make it possible for them to determine whether and to what extent this supplier’s declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.

Article 10

Sanctions

Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.

Article 11

Free zones

• 1. 

  The European Union and Morocco shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

• 2. 

  By way of derogation from paragraph 1, when products originating in the European Union or Morocco are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new movement certificate EUR.1 at the exporter’s request, if the treatment or processing undergone complies with the provisions of this Convention.

“ANNEX IV

TRADE BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF TUNISIA

Article 1

Goods having acquired their origin by application of the provisions foreseen in this Annex shall be excluded from cumulation as referred to in Article 7 of Appendix I.

Article 2

Cumulation in the European Union

For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Morocco, Algeria or Tunisia shall be considered as having been carried out in the European Union when the products obtained undergo subsequent working or processing in the European Union. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in the European Union only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.

Article 3

Cumulation in Tunisia

For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in the European Union, in Morocco or Algeria shall be considered as having been carried out in Tunisia when the products obtained undergo subsequent working or processing in Tunisia. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in Tunisia only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.

Article 4

Proofs of origin

• 1. 

  Without prejudice to Article 20(4) and (5) of Appendix I, a movement certificate EUR.1 shall be issued by the customs authorities of a Member State of the European Union or of Tunisia if the products concerned can be considered as products originating in the European Union or in Tunisia, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.

• 2. 

  Without prejudice to Article 21(2) and (3) of Appendix I, an origin declaration may be made out if the products concerned may be considered as products originating in the European Union or in Tunisia, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.

Article 5

Supplier’s declaration

• 1. 

  When a movement certificate EUR.1 is issued, or an origin declaration is made out, in the European Union or Tunisia for originating products, in the manufacture of which goods coming from Algeria, Morocco, Tunisia or the European Union which have undergone working or processing in these countries without having obtained preferential originating status, have been used, account shall be taken of the supplier’s declaration given for these goods in accordance with this Article.

• 2. 

  The supplier’s declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in Algeria, Morocco, Tunisia or the European Union by the goods concerned for the purpose of determining whether the products in the manufacture of which these goods are used, can be considered as products originating in the European Union or Tunisia and fulfil the other requirements of Appendix I to this Convention.

• 3. 

  A separate supplier’s declaration shall, except in the cases referred to in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex A on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.

• 4. 

  Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in Algeria, Morocco, Tunisia or the European Union is expected to remain constant for considerable periods of time, he may provide a single supplier’s declaration to cover subsequent consignments of those goods, hereinafter referred to as a ‘long-term supplier’s declaration’.

A long-term supplier’s declaration may normally be valid for a period of up to one year from the date of making out the declaration. The customs authorities of the country where the declaration is made out lay down the conditions under which longer periods may be used.

The long-term supplier’s declaration shall be made out by the supplier in the form prescribed in Annex B and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by this declaration or together with his first consignment.

The supplier shall inform his customer immediately if the long-term supplier’s declaration is no longer applicable to the goods supplied.

• 5. 

  The supplier’s declaration referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages in which the Agreement is drawn up, in accordance with the provisions of the national law of the country where it is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.

• 6. 

  The supplier making out a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is made out, all appropriate documents proving that the information given on this declaration is correct.

Article 6

Supporting documents

Supplier’s declaration proving the working or processing undergone in the European Union, Tunisia, Morocco or Algeria by materials used, made out in one of these countries, shall be treated as a document referred to in Articles 20(3) and 18(3) of Appendix I and Article 5(6) of this Annex used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in the European Union or in Tunisia and fulfil the other requirements of Appendix I to this Convention.

Article 7

Preservation of supplier’s declaration

The supplier making out a supplier’s declaration shall keep for at least three years copies of the declaration and of the invoice, delivery notes or other commercial document to which this declaration is annexed as well as the documents referred to in Article 5(6) of this Annex.

The supplier making out a long-term supplier’s declaration shall keep for at least three years copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 5(6) of this Annex. This period shall begin from the date of expiry of validity of the long-term supplier’s declaration.

Article 8

Administrative cooperation

In order to ensure the proper application of this Annex, the European Union and Tunisia shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations or the supplier’s declarations and the correctness of the information given in these documents.

Article 9

Verification of supplier’s declarations

• 1. 

  Subsequent verifications of supplier’s declarations or long-term supplier’s declarations may be carried out at random or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in this document.

• 2. 

  For the purposes of implementing the provisions of paragraph 1, the customs authorities of the country referred to in paragraph 1 shall return the supplier’s declaration and invoice(s), delivery note(s) or other commercial documents concerning goods covered by this declaration, to the customs authorities of the country where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.

They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier’s declaration is incorrect.

• 3. 

  The verification shall be carried out by the customs authorities of the country where the supplier’s declaration was made out. For this purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier’s accounts or any other check which they consider appropriate.

• 4. 

  The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. These results shall indicate clearly whether the information given in the supplier’s declaration is correct and make it possible for them to determine whether and to what extent this supplier’s declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.

Article 10

Sanctions

Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.

Article 11

Free zones

• 1. 

  The European Union and Tunisia shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

• 2. 

  By way of derogation from paragraph 1, when products originating in the European Union or Tunisia are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new movement certificate EUR.1 at the exporter’s request, if the treatment or processing undergone complies with the provisions of this Convention.

“ANNEX V

TRADE BETWEEN THE REPUBLIC OF TURKEY AND THE PARTICIPANTS IN THE EUROPEAN UNION’S STABILISATION AND ASSOCIATION PROCESS

Article 1

Products listed below shall be excluded from cumulation provided for in Article 7 of Appendix I, if:

“ANNEX VI

TRADE BETWEEN THE REPUBLIC OF TURKEY AND THE KINGDOM OF MOROCCO

Article 1

Goods having acquired their origin by application of the provisions foreseen in this Annex shall be excluded from cumulation as referred to in Article 7 of Appendix I.

Article 2

Cumulation in Turkey

For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Morocco, Algeria or Tunisia shall be considered as having been carried out in Turkey when the products obtained undergo subsequent working or processing in Turkey. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in Turkey only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.

Article 3

Cumulation in Morocco

For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Turkey, in Algeria or Tunisia shall be considered as having been carried out in Morocco when the products obtained undergo subsequent working or processing in Morocco. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in Morocco only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.

Article 4

Proofs of origin

• 1. 

  Without prejudice to Article 20(4) and (5) of Appendix I, a movement certificate EUR.1 shall be issued by the customs authorities of Turkey or of Morocco if the products concerned can be considered as products originating in Turkey or in Morocco, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.

• 2. 

  Without prejudice to Article 21(2) and (3) of Appendix I, an origin declaration may be made out if the products concerned may be considered as products originating in Turkey or in Morocco, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.

Article 5

Supplier’s declaration

• 1. 

  When a movement certificate EUR.1 is issued, or an origin declaration is made out, in Turkey or Morocco for originating products, in the manufacture of which goods coming from Algeria, Morocco, Tunisia or Turkey which have undergone working or processing in these countries without having obtained preferential originating status, have been used, account shall be taken of the supplier’s declaration given for these goods in accordance with this Article.

• 2. 

  The supplier’s declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in Algeria, Morocco, Tunisia or Turkey by the goods concerned for the purpose of determining whether the products in the manufacture of which these goods are used, may be considered as products originating in Turkey or Morocco and fulfil the other requirements of Appendix I to this Convention.

• 3. 

  A separate supplier’s declaration shall, except in the cases referred to in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex C on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.

• 4. 

  Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in Algeria, Morocco, Tunisia or Turkey is expected to remain constant for considerable periods of time, he may provide a single supplier’s declaration to cover subsequent consignments of those goods, hereinafter referred to as a ‘long-term supplier’s declaration’.

A long-term supplier’s declaration may normally be valid for a period of up to one year from the date of making out the declaration. The customs authorities of the country where the declaration is made out lay down the conditions under which longer periods may be used.

The long-term supplier’s declaration shall be made out by the supplier in the form prescribed in Annex D and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by this declaration or together with his first consignment.

The supplier shall inform his customer immediately if the long-term supplier’s declaration is no longer applicable to the goods supplied.

• 5. 

  The supplier’s declaration referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages in which the Agreement is drawn up, in accordance with the provisions of the national law of the country where it is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.

• 6. 

  The supplier making out a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is made out, all appropriate documents proving that the information given on this declaration is correct.

Article 6

Supporting documents

Supplier’s declaration proving the working or processing undergone in Turkey, Tunisia, Morocco or Algeria by materials used, made out in one of these countries, shall be treated as a document referred to in Articles 20(3) and 18(3) of Appendix I and Article 5(6) of this Annex used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in Turkey or in Morocco and fulfil the other requirements of Appendix I to this Convention.

Article 7

Preservation of supplier’s declaration

The supplier making out a supplier’s declaration shall keep for at least three years copies of the declaration and of the invoice, delivery notes or other commercial document to which this declaration is annexed as well as the documents referred to in Article 5(6) of this Annex.

The supplier making out a long-term supplier’s declaration shall keep for at least three years copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 5(6) of this Annex. This period shall begin from the date of expiry of validity of the long-term supplier’s declaration.

Article 8

Administrative cooperation

In order to ensure the proper application of this Annex, Turkey and Morocco shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations or the supplier’s declarations and the correctness of the information given in these documents.

Article 9

Verification of supplier’s declarations

• 1. 

  Subsequent verifications of supplier’s declarations or long-term supplier’s declarations may be carried out at random or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in this document.

• 2. 

  For the purposes of implementing the provisions of paragraph 1, the customs authorities of the country referred to in paragraph 1 shall return the supplier’s declaration and invoice(s), delivery note(s) or other commercial documents concerning goods covered by this declaration, to the customs authorities of the country where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.

They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier’s declaration is incorrect.

• 3. 

  The verification shall be carried out by the customs authorities of the country where the supplier’s declaration was made out. For this purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier’s accounts or any other check which they consider appropriate.

• 4. 

  The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. These results shall indicate clearly whether the information given in the supplier’s declaration is correct and make it possible for them to determine whether and to what extent this supplier’s declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.

Article 10

Sanctions

Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.

Article 11

Free zones

• 1. 

  Turkey and Morocco shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

• 2. 

  By way of derogation from paragraph 1, when products originating in Turkey or Morocco are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new movement certificate EUR.1 at the exporter’s request, if the treatment or processing undergone complies with the provisions of this Convention.

“ANNEX VII

TRADE BETWEEN THE REPUBLIC OF TURKEY AND THE REPUBLIC OF TUNISIA

Article 1

Goods having acquired their origin by application of the provisions foreseen in this Annex shall be excluded from cumulation as referred to in Article 7 of Appendix I.

Article 2

Cumulation in Turkey

For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Morocco, Algeria or Tunisia shall be considered as having been carried out in Turkey when the products obtained undergo subsequent working or processing in Turkey. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in Turkey only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.

Article 3

Cumulation in Tunisia

For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Turkey, in Morocco or Algeria shall be considered as having been carried out in Tunisia when the products obtained undergo subsequent working or processing in Tunisia. Where, pursuant to this provision, the originating products are obtained in two or more of the countries concerned, they shall be considered as originating in Tunisia only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.

Article 4

Proofs of origin

• 1. 

  Without prejudice to Article 20(4) and (5) of Appendix I, a movement certificate EUR.1 shall be issued by the customs authorities of Turkey or of Tunisia if the products concerned can be considered as products originating in Turkey or in Tunisia, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.

• 2. 

  Without prejudice to Article 21(2) and (3) of Appendix I, an origin declaration may be made out if the products concerned may be considered as products originating in Turkey or in Tunisia, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I to this Convention.

Article 5

Supplier’s declaration

• 1. 

  When a movement certificate EUR.1 is issued, or an origin declaration is made out, in Turkey or Tunisia for originating products, in the manufacture of which goods coming from Algeria, Morocco, Tunisia or Turkey which have undergone working or processing in these countries without having obtained preferential originating status, have been used, account shall be taken of the supplier’s declaration given for these goods in accordance with this Article.

• 2. 

  The supplier’s declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in Algeria, Morocco, Tunisia or Turkey by the goods concerned for the purpose of determining whether the products in the manufacture of which these goods are used, can be considered as products originating in Turkey or Tunisia and fulfil the other requirements of Appendix I to this Convention.

• 3. 

  A separate supplier’s declaration shall, except in the cases referred to in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex C on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.

• 4. 

  Where a supplier regularly supplies a particular customer with goods for which the working or processing undergone in Algeria, Morocco, Tunisia or Turkey is expected to remain constant for considerable periods of time, he may provide a single supplier’s declaration to cover subsequent consignments of those goods, hereinafter referred to as a ‘long-term supplier’s declaration’.

A long-term supplier’s declaration may normally be valid for a period of up to one year from the date of making out the declaration. The customs authorities of the country where the declaration is made out lay down the conditions under which longer periods may be used.

The long-term supplier’s declaration shall be made out by the supplier in the form prescribed in Annex D and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by this declaration or together with his first consignment.

The supplier shall inform his customer immediately if the long-term supplier’s declaration is no longer applicable to the goods supplied.

• 5. 

  The supplier’s declaration referred to in paragraphs 3 and 4 shall be typed or printed using one of the languages in which the Agreement is drawn up, in accordance with the provisions of the national law of the country where it is made out, and shall bear the original signature of the supplier in manuscript. The declaration may also be handwritten; in such a case, it shall be written in ink in printed characters.

• 6. 

  The supplier making out a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is made out, all appropriate documents proving that the information given on this declaration is correct.

Article 6

Supporting documents

Supplier’s declaration proving the working or processing undergone in Turkey, Tunisia, Morocco or Algeria by materials used, made out in one of these countries, shall be treated as a document referred to in Articles 20(3) and 18(3) of Appendix I and Article 5(6) of this Annex used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration may be considered as products originating in Turkey or in Tunisia and fulfil the other requirements of Appendix I to this Convention.

Article 7

Preservation of supplier’s declaration

The supplier making out a supplier’s declaration shall keep for at least three years copies of the declaration and of the invoice, delivery notes or other commercial document to which this declaration is annexed as well as the documents referred to in Article 5(6) of this Annex.

The supplier making out a long-term supplier’s declaration shall keep for at least three years copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 5(6) of this Annex. This period shall begin from the date of expiry of validity of the long-term supplier’s declaration.

Article 8

Administrative cooperation

In order to ensure the proper application of this Annex, Turkey and Tunisia shall assist each other, through the competent customs authorities, in checking the authenticity of the movement certificates EUR.1, the origin declarations or the supplier’s declarations and the correctness of the information given in these documents.

Article 9

Verification of supplier’s declarations

• 1. 

  Subsequent verifications of supplier’s declarations or long-term supplier’s declarations may be carried out at random or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR.1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in this document.

• 2. 

  For the purposes of implementing the provisions of paragraph 1, the customs authorities of the country referred to in paragraph 1 shall return the supplier’s declaration and invoice(s), delivery note(s) or other commercial documents concerning goods covered by this declaration, to the customs authorities of the country where the declaration was made out, giving, where appropriate, the reasons of substance or form of the request for verification.

They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier’s declaration is incorrect.

• 3. 

  The verification shall be carried out by the customs authorities of the country where the supplier’s declaration was made out. For this purpose, they shall have the right to call for any evidence and carry out any inspection of the supplier’s accounts or any other check which they consider appropriate.

• 4. 

  The customs authorities requesting the verification shall be informed of the results thereof as soon as possible. These results shall indicate clearly whether the information given in the supplier’s declaration is correct and make it possible for them to determine whether and to what extent this supplier’s declaration could be taken into account for issuing a movement certificate EUR.1 or for making out an origin declaration.

Article 10

Sanctions

Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.

Article 11

Free zones

• 1. 

  Turkey and Tunisia shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

• 2. 

  By way of derogation from paragraph 1, when products originating in Turkey or Tunisia are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new movement certificate EUR.1 at the exporter’s request, if the treatment or processing undergone complies with the provisions of this Convention.

“ANNEX VIII

TRADE BETWEEN THE EFTA STATES AND THE REPUBLIC OF TUNISIA

Article 1

Goods having acquired origin by application of the provisions foreseen in this Annex shall be excluded from cumulation as referred to in Article 7 of Appendix I.

Article 2

Cumulation in an EFTA State

For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in Tunisia shall be considered as having been carried out in an EFTA State when the products obtained undergo subsequent working or processing in an EFTA State. Where, pursuant to this provision, the originating products are obtained in two or more of the Contracting Parties concerned, they shall be considered as originating in an EFTA State only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.

Article 3

Cumulation in Tunisia

For the purpose of implementing point (b) of Article 2(1) of Appendix I, working or processing carried out in the EFTA States shall be considered as having been carried out in Tunisia when the products obtained undergo subsequent working or processing in Tunisia. Where, pursuant to this provision, the originating products are obtained in two or more of the Contracting Parties concerned, they shall be considered as originating in Tunisia only if the working or processing goes beyond the operations referred to in Article 6 of Appendix I.

Article 4

Proofs of origin

• 1. 

  Without prejudice to Article 20(4) and (5) of Appendix I, a movement certificate EUR.1 shall be issued by the customs authorities of an EFTA State or of Tunisia if the products concerned can be considered as products originating in an EFTA State or in Tunisia, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I.

• 2. 

  Without prejudice to Article 21(2) and (3) of Appendix I, an origin declaration may be made out if the products concerned may be considered as products originating in an EFTA State or in Tunisia, with application of the cumulation referred to in Articles 2 and 3 of this Annex, and fulfil the other requirements of Appendix I.

Article 5

Supplier’s declaration

• 1. 

  When a movement certificate EUR.1 is issued, or an origin declaration is made out, in an EFTA State or in Tunisia for originating products, in the manufacture of which goods coming from Tunisia or the EFTA States which have undergone working or processing in these countries without having obtained preferential originating status, have been used, account shall be taken of the supplier’s declaration given for these goods in accordance with this Article.

• 2. 

  The supplier’s declaration referred to in paragraph 1 shall serve as evidence of the working or processing undergone in Tunisia or the EFTA States by the goods concerned for the purpose of determining whether the products in the manufacture of which these goods are used, may be considered as products originating in the EFTA States or Tunisia and fulfil the other requirements of Appendix I.

• 3. 

  A separate supplier’s declaration shall, except in the cases referred to in paragraph 4, be made out by the supplier for each consignment of goods in the form prescribed in Annex E on a sheet of paper annexed to the invoice, the delivery note or any other commercial document describing the goods concerned in sufficient detail to enable them to be identified.