COUNCIL REGULATION (EEC) No 2149/90 of 16 July 1990 on the application of Decision No 3/90 of the EEC-Switzerland Joint Committee amending Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation

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 Swiss Confederation (1) signed on 22 July 1972 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 said Agreement, the Joint Committee adopted Decision No 3/90 amending that Protocol;

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

HAS ADOPTED THIS REGULATION:

Article 1

Decision No 3/90 of the EEC-Switzerland 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 1990.

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

Done at Brussels, 16 July 1990.

For the Council

The President

G. DE MICHELIS

(1) OJ No L 300, 31. 12. 1972, p. 189.

DECISION No 3/90 OF THE EEC-SWITZERLAND JOINT COMMITTEE of 8 June 1990 amending Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Economic Community and the Swiss Confederation, 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 in introductory note 7 in Annex III to Protocol 3 a quantitative tolerance for textile trimmings and accessories with regard to the rule of origin set out in the list for certain textile products is expressed in terms of weight; whereas expressing this quantitative tolerance in terms of value and extending it to any textile material used would represent an administrative and practical simplification for exporters and customs services; whereas it is therefore appropriate to amend the said introductory note;

Whereas experience has shown that the rules of origin laid down in Protocol 3 for products classified under heading No ex 73.07 must be adapted to take account of the evolution in manufacturing techniques and the economic conditions of international trade in these products,

HAS DECIDED AS FOLLOWS:

Article 1

Annex III to Protocol 3 is hereby amended as follows:

1. (a) The introductory note 7.1 is replaced by the following:

'7.1. In the case of those textile products which are marked in the list by a footnote referring to this introductory note, textile materials, with the exception of linings and interlinings, which do not satisfy the rule set out in the

list in column 3 for the made-up product concerned may be used provided that they are classified in a heading other than that of the product and that their value does not exceed 8 % of the ex works price of the product.'

(b)

In the list, in the footnotes referring to introductory note 7, 'for the treatment of textile trimmings and accessories' is deleted.

2.

Heading No ex 73.07 and the corresponding entries as they appear in the Annex to this Decision shall be inserted in the list.

Article 2

This Decision shall enter into force on 1 July 1990.

Done at Brussels, 8 June 1990.

For the Joint Committee

The President

R. COHEN

ANNEX

List of working or processing to be carried out on non-originating materials in order that the product manufactured can obtain originating status

HS heading No

Description of product

Working or processing carried out on nonoriginating materials that confers originating status

(1)

(2)

(3)

ex 73.07

Tube or pipe fittings of stainless steel (ISO No X5CrNiMo 1712), consisting of several parts

Turning, drilling, reaming, threading, deburring and sand-blasting of forged blanks the value of which blanks does not exceed 35 % of the ex works price of the product