Stabilisation and Association Agreement - Official Documents
Stabilisation and Association Agreement - Official Documents Stabilisation and Association Agreement - Official Documents
440 ARTICLE 35 Penalties 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 36 Free Zones 1. The Community and Bosnia and Herzegovina 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 means of an exemption to the provisions contained in paragraph 1, when products originating in the Community or in Bosnia and Herzegovina 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 is in conformity with the provisions of this Protocol. TITLE VII Ceuta and Melilla ARTICLE 37 Application of this Protocol 1. The term "Community" used in Article 2 does not cover Ceuta or Melilla. 2. Products originating in Bosnia and Herzegovina, when imported into Ceuta and Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the Community under Protocol 2 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities. Bosnia and Herzegovina shall grant to imports of products covered by this Agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the Community. 3. For the purpose of the application of paragraph 2 concerning products
originating in Ceuta and Melilla, this Protocol shall apply mutatis mutandis subject to the special conditions set out in Article 38. ARTICLE 38 Special Conditions 1. Providing they have been transported directly in accordance with the provisions of Article 13, the following shall be considered as: 1.1. products originating in Ceuta and Melilla: (a) products wholly obtained in Ceuta and Melilla; (b) products obtained in Ceuta and Melilla in the manufacture of which products other than those referred to in point (a) are used, provided that: (i) the said products have undergone sufficient working or processing within the meaning of Article 6; or that (ii) those products are originating in Bosnia and Herzegovina or in the Community, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 7; 1.2. products originating in Bosnia and Herzegovina: (a) products wholly obtained in Bosnia and Herzegovina; (b) products obtained in Bosnia and Herzegovina, in the manufacture of which products other than those referred to in point (a) are used, provided that: (i) the said products have undergone sufficient working or processing within the meaning of Article 6; or that (ii) those products are originating in Ceuta and Melilla or in the Community, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 7. 2. Ceuta and Melilla shall be considered as a single territory. 441
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- Page 413 and 414: TITLE I GENERAL PROVISIONS Article
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originating in Ceuta <strong>and</strong> Melilla, this Protocol shall apply mutatis mut<strong>and</strong>is subject<br />
to the special conditions set out in Article 38.<br />
ARTICLE 38<br />
Special Conditions<br />
1. Providing they have been transported directly in accordance with the<br />
provisions of Article 13, the following shall be considered as:<br />
1.1. products originating in Ceuta <strong>and</strong> Melilla:<br />
(a) products wholly obtained in Ceuta <strong>and</strong> Melilla;<br />
(b) products obtained in Ceuta <strong>and</strong> Melilla in the manufacture of which<br />
products other than those referred to in point (a) are used, provided<br />
that:<br />
(i) the said products have undergone sufficient working or<br />
processing within the meaning of Article 6;<br />
or that<br />
(ii) those products are originating in Bosnia <strong>and</strong> Herzegovina or in<br />
the Community, provided that they have been submitted to<br />
working or processing which goes beyond the operations referred<br />
to in Article 7;<br />
1.2. products originating in Bosnia <strong>and</strong> Herzegovina:<br />
(a) products wholly obtained in Bosnia <strong>and</strong> Herzegovina;<br />
(b) products obtained in Bosnia <strong>and</strong> Herzegovina, in the manufacture of<br />
which products other than those referred to in point (a) are used,<br />
provided that:<br />
(i) the said products have undergone sufficient working or<br />
processing within the meaning of Article 6;<br />
or that<br />
(ii) those products are originating in Ceuta <strong>and</strong> Melilla or in the<br />
Community, provided that they have been submitted to working<br />
or processing which goes beyond the operations referred to in<br />
Article 7.<br />
2. Ceuta <strong>and</strong> Melilla shall be considered as a single territory.<br />
441