Transcript Diapositivo 1

PREFERENTIAL RULES OF ORIGIN A GLOBAL EU TRADE POLICY
BASIC PRINCIPLES
PREFERENTIAL TRADE ARRANGEMENTS ARE AIMED AT
INCREASING RECIPROCAL TRADE IN GOODS AND ACCESS
TO THE COMMUNITY MARKET FOR PRODUCTS FROM
DEVELOPING COUNTRIES BY ELIMINATING OR REDUCING
CUSTOMS DUTIES
THESE TARIFF PREFERENCES ONLY MAKE SENSE IF THEY
APPLY TO PRODUCTS ACTUALLY AND REALLY OBTAINED IN
THE COUNTRY THAT GRANTED THE PREFERENCE…
ORIGINATING STATUS OF GOODS
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REQUIRED ACTION IN THREE AREAS
+ACTION TO DETERMINE THE ORIGIN OF THE
PRODUCT
+ACTION TO CHECK IF RULES OF ORIGIN ARE FAIRLY
APPLIED
+PROCEDURE FOR BALANCE OF RESPONSIBILITIES
BETWEEN TRADE GAINING FROM PREFERENTIAL
ARRANGEMENTS AND AUTHORITIES
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WHAT IS THE IMPACT OF PREFERENTIAL ARRANGEMENTS?
+EU USES PREFERENTIAL ARRANGEMENTS TO GIVE PREFERENTIAL
TREATMENT TO IMPORTS FROM GIVEN COUNTRIES AND FOR GIVEN GOODS
EITHER BY REGIONAL ECONOMIC INTEGRATION TO CREATE FREE TRADE AREAS
OR CUSTOMS UNION OR UNILATERAL… PRIMARILY WITH A VIEW TO THE
DEVELOPMENT OF THE BENEFICIARY COUNTRIES
+HOW EXTENSIVE?
_EU INVOLVED IN 4O PREFERENTIAL ARRANGEMENTS WITH COUNTRIES OR
GROUPS OF COUNTRIES
_ABOUT TWO THIRD OF COMMUNITY ANNUAL IMPORT
_WORTH SOME 1000 BILLION EURO
_PREFERENTIAL ARRANGEMENTS ACCOUNT FOR 45% OF THESE COUNTRIES
_21% OF COMMUNITY TOTAL ANNUAL IMPORTS
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IMPORTANT PROPORTION BUT RATHER LOW PROPORTION
+BECAUSE NO ARRANGEMENTS WITH MAJOR TRADE PARTNERS SUCH
AS US … JAPAN …
+BECAUSE MANY PRODUCTS ARE NOT SUBJECT TO CUSTOMS
DUTY
+BECAUSE NOT ALL THE PRODUCTS ARE ELIGIBLE FOR
PREFERENCE
+BECAUSE SOME ELIGIBLE PRODUCTS DO NOT SATISFY TO
CONDITIONS OF ORIGIN
+BECAUSE TRADERS SOMETIMES ABANDON THE IDEA OF CLAIMING
PREFERENCE HAVING WEIGHED UP THE PROFIT TO BE GAINED
AGAINST THE COST
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WHAT ARE PREFERENTIAL RULES?
BASIC ORIGINATING STATUS=PREFERENCE PASSPORT
_RAW MATERIALS
_WORKING OR PROCESSING OF NON ORIGINATING CRITERIA
GENERATING CHANGE IN TARIFF HEADING…PERCENTAGE OF
VALUE ADDED SPECIFIC PROCESS… OR COMBINATION OF
CRITERIA
HOW TO CHECK ?
CERTIFICATION BY AUTHORITIES OF EXPORTING COUNTRIES EITHER
DIRECTLY …VIA CERTIFICATES OF AUTHORITIES
OR INDERECTLY…VIA AUTHORISATION ENABLING EXPORTERS
TO DEMONSTRATE THE ORIGIN
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SIMPLE PRINCIPLE… DIFFICULT MANAGEMENT
=MANAGEMENT OF THE SYSTEM AND MONITORING OF RIGHT APPLICATION OF THE RULES
NOT ALWAYS EASY
=MONITORING OF THE REGIME AND APPROPRIATE APPLICATION OF THE RULES BY
CONTRACTING PARTIES …ESPECIALLY SOME COUNTRIES WITHOUT WELL ORGANISED
ADMINISTRATIONS IS NOT AN EASY TASK FOR THE COMMUNITY AND FOR THE COMMISSION
IN PARTICULAR.
+INDEED IMPLEMENTATION OF PREFERENTIAL TARIFFS =REQUIREMENT OF PERMANENT
EXCHANGE OF INFORMATION INDISPENSABLE FOR MANAGEMENT OF RULES OF ORIGIN
+THOUGH THE COUNTRIES WHERE PROBLEMS ARE ORIGINATING ARE KNOWN THE
FEASIBILITY OF CONTROL ON THE SPOT IN COUNTRY OF ORIGIN IS DIFFICULT
+HUGE FINANCIAL LOSSES FOR THE COMMUNITY IN CASE OF FRAUDS AND
IRREGULARITIES..WRONG OR FALSIFIED..OR REAL FALSIFIED CERTIFICATES OF ORIGIN
+IMPORTER PROVING GOOD FAITH CAN BE EXEMPTED FROM PAYMENT OF DUTIES…
RECENT EVOLUTION
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DIFFICULT MANAGEMENT
+FOR SOME PRODUCTS IT IS CLEAR THAT THEY ORIGINATE
IN A COUNTRY BECAUSE OBTAINED FROM LOCAL RAW
MATERIALS
+FOR SOME PRODUCTS IT IS LESS CLEAR BECAUSE THE
GOODS ARE THE PRODUCT OF WORKING OR PROCESSING OF
NON ORIGINATING IMPORTED GOODS IN A COUNTRY…TURKISH
TELEVISIONS
+IF IN THE LATTER CASE A PRODUCT IS TO OBTAIN
ORIGINATING STATUS THE PROCESSING MUST BE
SUBSTANTIAL ENOUGH TO ESTABLISH A GENUINE LINK
BETWEEN THE PRODUCT AND THE COUNTRY
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DIFFICULT MANAGEMENT
+CRITERIA HAVE BEEN ESTABLISHED FOR EACH CATEGORY
OF PRODUCTS… TARIFF HEADING..PERCENTAGE OF VALLUE
ADDED…SPECIFIC PROCESS OR COMBINATION OF CRITERIA
IN ORDER TO DETERMINE WHETHER OPERATIONS CARRIED
OUT IN A GIVEN COUNTRY ON NON ORIGINATING MATERIALS
USED TO OBTAIN THE PRODUCTS ARE SUFFICIENT TO
CONSIDER THEM AS ORIGINATING FROM THAT COUNTRY
+SOME MINOR OPERATIONS… MINIMAL PROCESSES NEVER
CONFER ORIGINATING STATUS OF THE GOODS
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NEW EXAMINATION…NEW 2004 CONSULTATION=GREEN PAPER
OF THE EU COMMISSION
CHECKING ORIGIN REQUIRE ARRANGEMENTS FOR CLOSE
ADMINISTRATIVE COOPERATION BETWEEN EXPORTING COUNTRIES
AND IMPORTING COUNTRIES WHO GRANTED PREFERENCE
TREATMENT
THE OBVIOUSLY SIMPLE MECANISM BETWEEN COUNTRIES OF
DEPARTURE AND COUNTRIES OF ENTRY IS VERY SIMPLY INDICATING
WHERE THE SHORTCOMINGS,IRREGULARITIES AND EVEN FRAUDS
CAN BE DETECTED AND SLIP IN THE PREFERENTIAL ARRANGEMENTS
WHATEVER THEIR STRUCTURE
IS
THE EU COMMISSION AWARE OF THE PROBLEMS LAUNCHED AT THE
END OF 2OO3 A WIDE RANGE CONSULTATION AND
IS CURRENTLY EXAMINING THE VIEWS OF AUTHORITIES AND TRADE
THIS ONGOING PROCESS WILL GENERATE NEW RECOMMENDATIONS
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SHORTCOMINGS AND FAILURES IN COOPERATION
=UP TO DATE RECOMMENDATIONS ARE NOT EVIDENT BECAUSE THE
CURRENT SYSTEM ADMINISTRATING AND SUPERVISING THE RULES OF
ORIGIN IS BASED ESSENTIALLY ON ADMINISTRATIVE COOPERATION
BETWEEN AUTHORITIES OF EXPORTING AND IMPORTING COUNTRIES
+EXPORTING COUNTRIES CERTIFY AND VERIFY THE ORIGIN OF THE
PRODUCTS
+MANAGEMENT IS A MATTER OF ADMINISTRATIVE COOPERATION AND
IRREGULARITIES REPRESENT AN HINDRANCE FOR FAIR TRADE AND
THE PROTECTION OF ECONOMIC AND FINANCIAL INTERESTS OF THE
COMMUNITY
+ADMINISTRATIVE COOPERATION MEAN THAT IMPORTING COUNTRIES
SHOULD RELY ON EXPORTING COUNTRIES IN THE EVENT OF
PROBLEMS OR SUSPECTED PROBLEMS
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SHORTCOMINGS
=IF THIS COOPERATION IS FAILING OR NOT WELL IMPLEMENTED
IMPORTING COUNTRIES ARE IN A POWERLESS
POSITION TO PROTECT ITS LEGITIMATE INTERESTS
=THE BASIS IS THE GOODWILL AND THE GOOD FAITH OF
EXPORTING COUNTRIES
=OFTEN EXPORTING COUNTRIES ARE RELUCTANT TO ACTION
TO CONDUCT THOROUGH CHECKS IN CONNECTION WITH AN
EXPORT OPERATION..EVEN WHEN REQUIRED BY IMPORTING
COUNTRIES ON REASONABLE GROUNDS
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EU COMMISSION 2004 GREEN PAPER=A NEW STRATEGY?
A NEW DISTRIBUTION OF RESPONSIBILITES WITH REGARD TO
ORIGIN IS REQUIRED BETWEEN AUTHORITIES OF COUNTRIES
LINKED BY PREFERENTIAL ARRANGEMENTS AS WELL BETWEEN
AUTHORITIES AND TRADE
THE 2004 GREEN PAPER IS AN APPROPRIATE REFLECTION AT
THE STAGE OF CONSULTATION THE JUDGMENT OF THE COURT
OF FIRST INSTANCE IN LUXEMBURG IN THE TURKISH
TELEVISION CASE WAS ONE
IMPETUS
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CONCLUSION
ANYWAY AT THE STAGE OF THE GREEN PAPER CONSULTATION TRADE SHOULD INSIST ON
SOME BASIC REALISTIC PROPOSALS AND SOLUTIONS TO MINIMIZE IRREGULARITIES
AND FRAUDS
=COMPULSORY VERIFICATION OF STAMPS IN COUNTRY OF ORIGIN AND COUNTRY OF
ENTRY
= STRICTLY MONITORING OF ISSUE OF CERTIFICATES
=PRECISE SANCTIONS FOR FRAUD AGREED BY CONTRACTING PARTIES
= INCREASED SELECTION OF LIABILITY OF PARTNER COUNTRIES
=ABOLITION OF PREFERENTIAL AGREEMENTS WITH HIGH RISK COUNTRIES
=EXTENSION OF THE PRINCIPLE OF GOOD FAITH FOR OPERATORS WHO WERE NEVER IN A
POSITION TO DETECT INITIAL STAGE IRREGULARITY OR FRAUD
= A GOOD FAITH PRINCIPLE MEANS NO REPONSIBILITY FOR TRADE… AS A RESULT OF
TURKISH TELEVISION JUDGMENT
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