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Document 22005X0305(01)

    Revised explanatory notes concerning Annex III — Definition of the concept of originating products and methods of administrative cooperation — to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part

    OB C 56, 5.3.2005, p. 36–37 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    5.3.2005   

    EN

    Official Journal of the European Union

    C 56/36


    Revised explanatory notes concerning Annex III — Definition of the concept of originating products and methods of administrative cooperation — to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part

    (2005/C 56/05)

    Article 17 — Technical reasons

    A movement certificate EUR.1 may be rejected for ‘technical reasons’ because it was not made out in the prescribed manner. These are the cases which may give rise to subsequent presentation of a retrospectively-endorsed certificate and they include, by way of example, the following:

    the movement certificate EUR.1 has been made out on a form other than the prescribed one (e.g. no guilloche background, differs significantly from the model in size or colour, no serial number, not printed in one of the officially-prescribed languages),

    one of the mandatory boxes (e.g. Box 4 on the EUR.1) has not been filled in, except for box 8,

    the movement certificate EUR.1 has not been stamped and signed (i.e. in Box 11),

    the movement certificate EUR.1 is endorsed by a non-authorised authority,

    the stamp used is a new one which has not yet been notified,

    the movement certificate EUR.1 presented is a copy or photocopy rather than the original,

    the entry in Box 5 refers to a country that does not belong to the Agreement (e.g. Israel or Cuba).

    Action to be taken:

    The document should be marked ‘DOCUMENT NOT ACCEPTED’, stating the reason(s), and then returned to the importer in order to enable him to get a new document issued retrospectively. The customs authorities, however, may keep a photocopy of the rejected document for the purposes of post-clearance verification or if they have grounds for suspecting fraud.

    Article 31 — Refusal of preferential treatment without verification

    This covers cases in which the proof of origin is considered inapplicable, inter alia, for the following reasons:

    the goods description box (Box 8 on EUR.1) is not filled in or refers to goods other than those presented;

    the proof of origin has been issued by a country which does not belong to the Agreement even if the goods originate in the Community or in Chile (e.g. EUR.1 issued in Israel for products originating in Chile);

    one of the mandatory boxes on the movement certificate EUR.1 bears traces of non-authenticated erasures or alterations (e.g. the boxes describing the goods or stating the number of packages, the country of destination or the country of origin);

    the time limit on the movement certificate EUR.1 has expired for reasons other than those covered by the regulations (e.g. exceptional circumstances), except where the goods were presented before expiry of the time limit;

    the proof of origin is produced subsequently for goods that were initially imported fraudulently;

    Box 4 on the movement certificate EUR.1 names a country not party to the agreement under which preferential treatment is being sought.

    Action to be taken:

    The proof of origin should be marked ‘INAPPLICABLE’ and retained by the customs authorities to which it was presented in order to prevent any further attempt to use it. Without prejudice to legal actions initiated according to internal legislation, the customs authorities of the importing country shall inform, where it is appropriate to do so, the customs or competent governmental authorities of the country of exportation about the refusal without delay.

    Mentions used in the explanatory notes to Articles 17 and 31

    CZ

    DOKUMENT NEAKCEPTOVÁN

    NEPOUŽITELNÝ

    DA

    AFVIST DOKUMENT

    UANVENDELIGT

    DE

    DOKUMENT NICHT ANGENOMMEN

    NICHT ANWENDBAR

    EE

    DOKUMENTI EI AKTSEPTEERITUD

    AKTSEPTEERIMATA

    EL

    ΑΠΟΡΡΙΠΤΕΤΑΙ

    ΜΗ ΑΠΟΔΕΚΤΟ

    EN

    DOCUMENT NOT ACCEPTED

    INAPPLICABLE

    ES

    DOCUMENTO RECHAZADO

    INAPLICABLE

    HU

    NEM ELFOGADOTT OKMÁNY

    ALKALMATLAN

    FI

    ASIAKIRJA HYLÄTTY

    EI VOIDA KÄYTTÄÄ

    FR

    DOCUMENT REFUSÉ

    INAPPLICABLE

    IT

    DOCUMENTO RESPINTO

    INAPPLICABILE

    NL

    DOCUMENT GEWEIGERD

    NIET VAN TOEPASSING

    LT

    DOKUMENTAS NEPRIIMTAS

    NETINKAMAS

    LV

    DOKUMENTS NAV AKCEPTÉTS

    NEDERIGS

    MT

    DOKUMENT MHUX AĊĊETTAT

    MHUX APPLIKABBLI

    PL

    DOKUMENT NIEZAAKCEPTOWANY

    NIESTOSOWANY

    PT

    DOCUMENTO RECUSADO

    NÃO APLICÁVEL

    SE

    EJ GODTAGET DOKUMENT

    OANVÄNDBART

    SI

    DOKUMENT NI SPREJET

    NEUSTREZNO

    SK

    DOKUMENT NEPRIJATÝ

    NEPOUŽITEĽNÝ


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