COUNCIL REGULATION (EEC) No 3389/84 of 3 October 1984 concerning the conclusion of the Agreement in the form of an exchange of letters consolidating and modifying the text of Protocol 3 to the Agreement between the European Economic Community and the Portuguese Republic

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,

Having regard to the recommendation from the Commission,

Whereas the rules of origin laid down in Protocol 3 concerning the definition of the concept of "originating products" and methods of administrative cooperation (hereinafter alled "the Protocol") to the Agreement between the European Economic Community and the Portuguese Republic (1) as regards both the conditions under which products acquire the status of originating products and proof of such status and the detailed rules for verifying it have been amended by a number of EEC-Portugal Joint Committee Decisions;

Whereas there have been two exchanges of letters derogating from Article 1 of the Protocol;

Whereas it is therefore appropriate for the proper functioning of the Agreement to incorporate in a single text all the provisions in question with a view to facilitating the work of users and customs administrations, except for EEC-Portugal Joint Committee Decision No 2/82 (2);

Whereas it is appropriate to delete those provisions of the Protocol which are of transitional nature;

Whereas, by virtue of Article 28 of the Protocol, the Joint Committee can only amend part of the Protocol ; whereas it is desirable to give the Joint Committee the power to amend any part of the Protocol,

HAS ADOPTED THIS REGULATION:

Article 1

The Agreement in the form of an exchange of letters consolidating and modifying the text of Protocol 3 to the Agreement between the European Economic Community and the Portuguese Republic is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Regulation.

Article 2

The President of the Council is hereby authorized to appoint the person empowered to sign the Agreement for the purpose of binding the Community.

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 3 October 1984.

For the Council

The President

P. BARRY (1) OJ No L 301, 31.12.1972, p. 165. (2) OJ No L 385, 31.12.1982, p. 46.

AGREEMENT in the form of an exchange of letters consolidating and modifying the text of Protocol 3 to the Agreement between the European Economic Community and the Portuguese Republic

Letter No 1

Brussels, ...

Sir,

Protocol 3 to the Agreement between the European Economic Community and the Portuguese Republic signed on 22 July 1972 has been amended by Joint Committee Decisions Nos 1/77, 1/78, 1/80, 2/80, 1/81, 2/81, 3/81, 4/81, 1/82, 2/82, 1/83 and 1/84, and there have been two exchanges of letters of 14 June 1977 and 20 March 1981 derogating from the terms of Article 1 of the Protocol.

In addition, Articles 18, 21 and 24 and Article 25 (1) to (4) being transitional provisions are no longer of any validity as from 1 January 1985.

It should also be borne in mind that the last subparagraph of Article 23 (1), Article 25 (5) and the second subparagraph of Explanatory Note 8 are only valid until 31 December 1985.

Furthermore, Article 28 which limits the powers of the Joint Committee to make alterations only to the provisions of Title I, Article 5 (3), Title II, Title III, Articles 23, 24 and 25, and of Annexes I, II, III, V and VI of the Protocol is no longer necessary.

In order to clarify the situation and to introduce amendments to the Protocol which the Joint Committee is unable to make and to consolidate all the existing provisions into one single text, with the exception for technical reasons of presentation of Joint Committee Decision No 2/82, I propose that it be agreed that the text of Protocol 3 annexed to this Agreement shall replace the earlier text of Protocol 3 annexed to the Agreement, as modified by Joint Committee Decisions 1/77, 1/78, 1/80, 2/80, 1/81, 2/81, 3/81, 4/81, 1/82, 1/83 and 1/84 and the exchanges of letters of 14 June 1977 and 20 March 1981, all these being superseded by the annexed text and no longer being valid legal instruments.

I propose that this Agreement enter into force on 1 January 1985.

I should be grateful if you would confirm the agreement of your Government to this proposal.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Council of the European Communities

Letter No 2

Brussels, ...

Sir,

I have the honour to acknowledge receipt of your letter of today reading as follows:

"Protocol 3 to the Agreement between the European Economic Community and the Portuguese Republic signed on 22 July 1972 has been amended by Joint Committee Decisions Nos 1/77, 1/78, 1/80, 2/80, 1/81, 2/81, 3/81, 4/81, 1/82, 2/82, 1/83 and 1/84, and there have been two exchanges of letters of 14 June 1977 and 20 March 1981 derogating from the terms of Article 1 of the Protocol.

In addition, Articles 18, 21 and 24 and Article 25 (1) to (4) being transitional provisions are no longer of any validity as from 1 January 1985.

It should also be borne in mind that the last subparagraph of Article 23 (1), Article 25 (5) and the second subparagraph of Explanatory Note 8 are only valid until 31 December 1985.

Furthermore, Article 28 which limits the powers of the Joint Committee to make alterations only to the provisions of Title I, Article 5 (3), Title II, Title III, Articles 23, 24 and 25, and of Annexes I, II, III, V and VI of the Protocol is no longer necessary.

In order to clarify the situation and to introduce amendments to the Protocol which the Joint Committee is unable to make and to consolidate all the existing provisions into one single text, with the exception for technical reasons of presentation of Joint Committee Decision No 2/82, I propose that it be agreed that the text of Protocol 3 annexed to this Agreement shall replace the earlier text of Protocol 3 annexed to the Agreement as modified by Joint Committee Decisions 1/77, 1/78, 1/80, 2/80, 1/81, 2/81, 3/81, 4/81, 1/82, 1/83 and 1/84 and the exchanges of letters of 14 June 1977 and 20 March 1981, all these being superseded by the annexed text and no longer being valid legal instruments.

I propose that this Agreement enter into force on 1 January 1985.

I should be grateful if you would confirm the agreement of your Government to this proposal."

I have the honour to inform you that my Government is in agreement with the contents of your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Portuguese Republic