4.3.De Europese Commissie heeft op haar website de volgende richtlijnen gepubliceerd betreffende de toepassing in de Europese Unie van wettelijke bepalingen inzake de geldigheid van preferentiële oorsprongscertificaten (
http://ec.europa.eu/taxation_customs/sites/taxation/files/resources/documents/customs/customs_duties/rules_origin/preferential/2267-final_en.pdf):
“Application in the European Union of the provisions concerning the validity of
proofs of origin concerning goods placed under some special procedures
European Union Guidelines
Legal references(hereinafter referred as 'the provision'):
- Articles 94(2) last subparagraph, 104(3) and 121(3) of the Implemented Acts (IA) (rules of origin for GSP, until and from the application of the registered exporter, and autonomous preferential arrangements);
- Article 24(3) of the (new) pan-Euro-Med Protocols and article 23(3) of the Appendix I of the Regional Convention
- and the similar provision in origin protocols of other FTA’s;
[Hof: Free Trade Agreements, zoals de overeenkomst met Mexico]
These guidelines do not constitute a legally binding act and are of an explanatory nature. Their purpose is to provide a tool to facilitate uniform application by the Member States of the above legal provisions.
Guidelines for the customs authorities of the Member States:
(1) A proof can be considered as being 'submitted' only if it is presented to the customs authorities according to the Union provisions in force, in relation with a declaration for release for free circulation of the goods concerned, on the basis of which a preference is or may be claimed.
Proofs of origin concerning goods being placed under the special procedures of external transit, inward processing, customs warehousing, temporary admission or free zone if they are covered by article 245(1) UCC or in temporary storage do not need, according to the Union provisions in force, to be presented to the customs authorities, insofar as the release for free circulation is deferred. Therefore the proofs of origin cannot be considered as being
'submitted within their period of validity'according to the provision, at the time they are placed under the said special procedures.
(2) Subject to the conditions laid down under point (3), the possibility offered to the customs authorities by the provisions listed in the legal references, to accept a belated presentation of the proof of origin where the products have been submitted before the date of expiry of its period of validity, shall apply to goods being placed under the special procedures of external transit, inward processing, customs warehouse, temporary admission, and free zone it they are mentioned in article 245(1) UCC or in temporary storage.
Goods entering a free zone in circumstances other than those covered by paragraph 1 of article 245 UCC need not be presented to the customs authorities. The possibility offered to these authorities by the provisions listed in the legal references to accept a belated presentation of the proof of origin cannot therefore be used for goods entering such a free zone, except where they are presented to the customs authorities for that specific purpose, at the importer's initiative.
(3) Importers should benefit from the possibility mentioned under point (2) insofar as it is possible for the customs authorities to exercise control of preferential origin, where a corresponding proof of origin is presented in relation with the release for free circulation of the goods.
(a)at the time the goods are placed under the special procedure concerned :
-save in cases justifying retrospective issue, the proof of origin relating to the goods concerned shall be available, valid and duly registered in the records of the importer;
-in the case of temporary admission and inward processing the preferential country code and the document of origin shall be mentioned in the declaration for these procedures. For warehousing the preferential country code is advisable (see Annex I).
-the goods shall be presented to the customs authorities in accordance with the Union provisions in force and within the period of validity of the proof of origin.
(b)at the time of the release for free circulation of the goods:
-the proof of origin shall be clearly identified as referring to the goods placed under the special procedure concerned;
-the customs authorities should not accept the belated presentation of a proof of origin if it would not allow the authenticity of the proof and the originating status of the goods concerned to be verified and a possible subsequent entry of the amount of duty at stake into the accounts to be ensured. They shall in particular take account of the time limit for the preservation of supporting documents in the exporting country and of the time constraints regarding the procedure for subsequent verification of origin. Against this background, a belated presentation should not be accepted beyond a maximum period of two years following the date of issuance or making out of the proof. In case of replacement certificates the two year time limit should start to run from the date of issue or making out of the original proof of origin. This two year extended time limit should not be further extended routinely but only in duly justified exceptional circumstances, e.g. in cases of force majeure.”