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COUNCIL REGULATION (EEC) No 1945/90

of 29 June 1990

on the application of Decision No 1/90 of the EEC-Austria Joint Committee amending Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation following the suspension of the customs duties applicable by the Community of Ten and Austria to imports from Spain

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 proposal from the Commission,

Whereas the Agreement between the European Economic Community and the Republic of Austria (1) was signed on 22 July 1972 and entered into force on 1 January 1973;

Whereas by virtue of Article 28 of Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation, which forms an integral part of the above Agreement, the Joint Committee has adopted Decision No 1/90 amending Protocol 3;

Whereas it is necessary to apply this Decision in the Community,

HAS ADOPTED THIS REGULATION:

Article 1

Decision No 1/90 of the EEC-Austria Joint Committee shall apply in the Community.

The text of the Decision is attached to this Regulation.

Article 2

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

It shall apply with effect from 1 July 1989.

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

Done at Luxembourg, 29 June 1990.

For the Council

The President

M. SMITH

(1) OJ No L 300, 31. 12. 1972, p. 2.

DECISION No 1/90 OF THE EEC-AUSTRIA JOINT COMMITTEE

of 15 May 1990

amending Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation following the suspension of customs duties applicable by the Community of Ten and Austria to imports from Spain

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Economic Community and the Republic of Austria, signed in Brussels on 22 July 1972,

Having regard to Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation, hereinafter referred to as 'Protocol 3', and in particular Article 28 thereof,

Whereas, by virtue of Regulation (EEC) No 1673/89 and of Decision 89/372/ECSC of the Council of the European Communities, the collection of certain customs duties applicable in the Community of Ten to imports from Spain has been totally suspended since 1 July 1989;

Whereas a third Additional Protocol to the Agreement between the European Economic Community and the Republic of Austria consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community has been approved providing also for the suspension of customs duties on products covered by the Agreement and imported into Austria from Spain; whereas Austria has already been applying autonomously, as from 1 July 1989, the provisions of this third Additional Protocol pending its ratification;

Whereas, in the framework of the said Agreement, this situation results in granting to Spanish products a preferential treatment identical to the one applied to products originating in the rest of the Community; whereas, therefore, the identification of products originating in Spain has become superfluous,

HAS DECIDED AS FOLLOWS:

Article 1

Protocol 3 is hereby amended as follows:

1. Articles 24 and 25 (2) are deleted;

2. in Annex V, the last sentence of footnote (1) is replaced by the following:

'When an invoice also includes products having the status of products originating in the Canary Islands, Ceuta and Melilla within the meaning of Article 19 of Protocol, the exporter must clearly indicate them by means of the symbol ''CCM".'

Article 2

This Decision shall enter into force on 1 July 1989.

Done at Brussels, 15 May 1990.

For the Joint Committee

The President

R. COHEN