Article 1
The release for free circulation in the Community of certain footwear products originating in the People’s Republic of China listed in Annex I shall be subject to prior Community surveillance in accordance with Regulation (EC) No 3285/94.
Commission Regulation (EC) No 117/2005 CHAPTER 1 — PRIOR SURVEILLANCE
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Article 2
1. The release for free circulation in the Community of the products referred to in Article 1 shall be subject to presentation of a surveillance document issued by the relevant authorities of a Member State. 2. The surveillance document referred to in paragraph 1 shall be issued automatically by the competent authorities in the Member States, without charge and for any quantities requested, within five working days of presentation of an application by any Community importer, wherever it may be established in the Community. This application shall be deemed to have been received by the competent national authority no later than three working days after submission, unless it is proven otherwise. 3. A surveillance document issued by one of the authorities listed in Annex II shall be valid throughout the Community. 4. The surveillance document shall be made out on a form corresponding to the model set out in Annex I to Regulation (EC) No 3285/94. The importer's application shall include the following elements: (a) the name and full address of the applicant (including telephone and fax numbers, and possible identification number used by the competent national authorities) and VAT registration number, if subject to VAT; (b) if applicable, the name and full address of the declarant or representative of the applicant (including telephone and fax numbers); (c) the full name and address of the exporter; (d) the exact description of the goods, including: (i) their trade name; (ii) the TARIC code(s); (iii) the country of origin (namely the People’s Republic of China); (iv) the country of consignment; (e) the quantity of goods expressed in pairs; (f) the cif value of the goods in euro at the Community frontier by combined nomenclature heading; (g) the proposed period and place of customs clearance; (h) whether the application is a repeat of a previous application concerning the same contract; (i) the following declaration, dated and signed by the applicant with the transcription of his name in capital letters: ‘I, the undersigned, certify that the information provided in this application is true and given in good faith, and that I am established in the Community’. The importer shall also submit a copy of the contract of sale or purchase and of the pro forma invoice. If so requested, and in particular in cases where the goods are not directly purchased in China, the importer shall present a certificate of production issued by the producer. 5. The period of validity of the surveillance documents is hereby fixed at six months. Unused or partly used surveillance documents may be renewed for the same period. 6. The importer shall return surveillance documents to the issuing authority at the end of their period of validity. 7. The competent authorities may allow the submission of declarations or requests to be transmitted or printed by electronic means, under the conditions fixed by them. However, all documents and evidence shall be available to the competent authorities. 8. The surveillance document may be issued by electronic means, on condition that the customs offices involved have access to the document via a computer network.
Article 3
1. A finding that the unit price at which the transaction is effected varies from that indicated in the surveillance document by less than 5 % in either direction or that the total quantity of the products presented for import exceeds the quantity given in the surveillance document by less than 5 % shall not preclude the release for free circulation of the products in question. 2. Applications for surveillance documents and the documents themselves shall be confidential. Access to the information in those applications and documents shall be restricted to the competent authorities and the applicant.
Article 4
1. The Member States shall communicate the following information to the Commission: (a) on as regular and up-to-date a basis as possible and at least by the last day of each month, details of the quantities and values, calculated in euro, for which surveillance documents have been issued; (b) within six weeks of the end of each month, details of imports during that month, in accordance with Article 32 of Commission Regulation No (EC) 1917/2000 ( 3 ) . The information provided by Member States shall be broken down by product and combined nomenclature (‘CN’) code. 2. The Member States shall give notification of any anomalies or cases of fraud which they discover and, where relevant, the basis on which they have refused to grant a surveillance document.
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