Stabilisation and Association Agreement between the EU and Croatia
Stabilisation and Association Agreement between the EU and Croatia Stabilisation and Association Agreement between the EU and Croatia
5. The amounts expressed in euro shall be reviewed by the Stabilisation and Association Committee at the request of the Community or Croatia. When carrying out this review, the Stabilisation and Association Committee shall consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euro.’ TITLE VI ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION Article 31 Mutual assistance 1. The customs authorities of the Member States and of Croatia shall provide each other, through the Commission of the European Communities, with specimen impressions of stamps used in their customs offices for the issue of movement certificates EUR.1 and with the addresses of the customs authorities responsible for verifying those certificates and invoice declarations. 2. In order to ensure the proper application of this Protocol, the Community and Croatia shall assist each other, through the competent customs administrations, in checking the authenticity of the movement certificates EUR.1 or the invoice declarations and the correctness of the information given in these documents. Article 32 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 country 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 Protocol. 2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the importing country shall return the movement certificate EUR.1 and the invoice, if it has been submitted, the invoice declaration, or a copy of these documents, to the customs authorities of the exporting country giving, where appropriate, the reasons for the enquiry. Any documents and information obtained suggesting that the information given on the proof or 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 country. For this 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 country 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. 224
5. The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible. These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in the Community or in Croatia and fulfil the other requirements of this Protocol. Where the cumulation provisions in accordance with Article 3 and 4 of this Protocol were applied and in connection with Article 17.3, the reply shall include a copy (copies) of the movement certificate(s) or invoice declaration(s) relied upon. 6. If in cases of reasonable doubt there is no reply within ten 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 33 Dispute settlement Where disputes arise in relation to the verification procedures of Article 32 which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out this verification or where they raise a question as to the interpretation of this Protocol, they shall be submitted to the Stabilisation and Association Committee. In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall be under the legislation of the said country. Article 34 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 35 Free zones 1. The Community and Croatia 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 Croatia 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 EUR.1 certificate at the exporter's request, if the treatment or processing undergone is in conformity with the provisions of this Protocol. 225
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5. The customs authorities requesting <strong>the</strong> verification shall be informed of <strong>the</strong> results of<br />
this verification as soon as possible. These results must indicate clearly whe<strong>the</strong>r <strong>the</strong><br />
documents are au<strong>the</strong>ntic <strong>and</strong> whe<strong>the</strong>r <strong>the</strong> products concerned can be considered as<br />
products originating in <strong>the</strong> Community or in <strong>Croatia</strong> <strong>and</strong> fulfil <strong>the</strong> o<strong>the</strong>r requirements<br />
of this Protocol. Where <strong>the</strong> cumulation provisions in accordance with Article 3 <strong>and</strong> 4<br />
of this Protocol were applied <strong>and</strong> in connection with Article 17.3, <strong>the</strong> reply shall<br />
include a copy (copies) of <strong>the</strong> movement certificate(s) or invoice declaration(s) relied<br />
upon.<br />
6. If in cases of reasonable doubt <strong>the</strong>re is no reply within ten months of <strong>the</strong> date of <strong>the</strong><br />
verification request or if <strong>the</strong> reply does not contain sufficient information to<br />
determine <strong>the</strong> au<strong>the</strong>nticity of <strong>the</strong> document in question or <strong>the</strong> real origin of <strong>the</strong><br />
products, <strong>the</strong> requesting customs authorities shall, except in exceptional<br />
circumstances, refuse entitlement to <strong>the</strong> preferences.<br />
Article 33<br />
Dispute settlement<br />
Where disputes arise in relation to <strong>the</strong> verification procedures of Article 32 which cannot be<br />
settled <strong>between</strong> <strong>the</strong> customs authorities requesting a verification <strong>and</strong> <strong>the</strong> customs authorities<br />
responsible for carrying out this verification or where <strong>the</strong>y raise a question as to <strong>the</strong><br />
interpretation of this Protocol, <strong>the</strong>y shall be submitted to <strong>the</strong> <strong>Stabilisation</strong> <strong>and</strong> <strong>Association</strong><br />
Committee.<br />
In all cases <strong>the</strong> settlement of disputes <strong>between</strong> <strong>the</strong> importer <strong>and</strong> <strong>the</strong> customs authorities of <strong>the</strong><br />
importing country shall be under <strong>the</strong> legislation of <strong>the</strong> said country.<br />
Article 34<br />
Penalties<br />
Penalties shall be imposed on any person who draws up, or causes to be drawn up, a<br />
document which contains incorrect information for <strong>the</strong> purpose of obtaining a preferential<br />
treatment for products.<br />
Article 35<br />
Free zones<br />
1. The Community <strong>and</strong> <strong>Croatia</strong> shall take all necessary steps to ensure that products<br />
traded under cover of a proof of origin which in <strong>the</strong> course of transport use a free<br />
zone situated in <strong>the</strong>ir territory, are not substituted by o<strong>the</strong>r goods <strong>and</strong> do not undergo<br />
h<strong>and</strong>ling o<strong>the</strong>r than normal operations designed to prevent <strong>the</strong>ir deterioration.<br />
2. By means of an exemption to <strong>the</strong> provisions contained in paragraph 1, when products<br />
originating in <strong>the</strong> Community or in <strong>Croatia</strong> are imported into a free zone under cover<br />
of a proof of origin <strong>and</strong> undergo treatment or processing, <strong>the</strong> authorities concerned<br />
shall issue a new <strong>EU</strong>R.1 certificate at <strong>the</strong> exporter's request, if <strong>the</strong> treatment or<br />
processing undergone is in conformity with <strong>the</strong> provisions of this Protocol.<br />
225