PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE APPLICATION OF THE DECISION OF THE EEC - ISRAEL JOINT COMMITTEE AMENDING, ON ACCOUNT OF THE ACCESSION OF SPAIN AND PORTUGAL TO THE EUROPEAN COMMUNITIES, THE PROTOCOL CONCERNING THE DEFINITION OF THE CONCEPT OF " ORIGINATING PRODUCTS " AND METHODS OF ADMINISTRATIVE COOPERATION
Date: 1989-07-20
Institutions: European Commission
Subjects: Israel, Portugal, Spain, administrative cooperation, economic cooperation, originating product

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC89) 362 final 

Brussels, 20 July 1989 

Proposal  for a 

COUNCIL  REGULATION (EEC) 

on the application of the Decision of the EEC-Morocco  Cooperation 

Council  amending, on account of the accession of Spain and Portugal 

to the European  Communities, the Protocol  concerning the definition 

of the concept of "originating products" and methods of 

administrative  cooperation 

Proposal  for a 

COUNCIL  REGULATION (EEC) 

on the application of the Decision of the EEC-Syria  Cooperation 

Council  amending, on account of the accession of Spain and Portugal 

to the European  Communities, the Protocol  concerning the definition 

of the concept of "originating  products" and methods of 

administrative  cooperation 

Proposal  for a 

COUNCIL  REGULATION (EEC) 

on the application of the Decision of the EEC-Israel  Joint  Committee 

amending, on account of the accession of Spain and Portugal 

to the European  Communities, the Protocol  concerning the definition 

of the concept of "originating  products" and methods of 

administrative  cooperation 

(presented by the Commission) 

Proposal  for  a 
COUNCIL  REGULATION  (BEC) 
on  the  a p l i c a t i on  of  the  Decision  of  the 
EEC-Morocco  Cooperation  Council 
amending,  on  account  of  the  accession  of  Spain  and  Portugal 
to  the  European  Cossranities, 
the  Protocol  concerning  the  d e f i n i t i on  of  the  concept  of 
riginating  products"  and  Methods  of  administrative  cooperation. 

EXPLANATORY NOTE 

This draft Decision modifies, following the Spanish and Portuguese accession to 
the Community, the  Protocol concerning the concept of originating products and 
methods  of  administrative  cooperation  in  respect  of both  technical  amendments 
and the provisions needed to correctly  implement the trade regime contained  in 
the Protocol to the Agreement between the EEC and Morocco. 

Proposal for a Council Regulation  (EEC) 

on the application of Decision No 

of the EEC-Morocco Cooperation Council amending, 

on account of the accession of Spain and Portugal to the European Communities, 
the Protocol 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 Council Regulation  (EEC) No 3189/88 of  14 October 1988 laid down from 1 
November  1988  the  arrangements  for  Spanish  and  Portuguese  trade  with  Morocco 
and Syria  (1), 

Whereas Decision 85/520/BCSC of  the  representatives  of  the Governments  of  the 
Member  States  of  the  European  Coal  and  Steel  Community,  meeting  within  the 
Council,  of  14  October  1988,  laying  down  the  arrangements  for  Spanish  and 
Portuguese  trade  with  Morocco  and  Syria  in  products  falling  under  the  ECSC 
Treaty and amending Decision 86/69/ECSC  (2) sets out in Article  1 that Decision 
87/456/ECSC  applies  to  trade  with  Morocco  and  therefore  the modifications  of 
the  rules  of  origin  following  the  accession  of  Spain  and  Portugal  and 
established by the Cooperation Council are applicable to the products indicated 
in this Decision; 

Whereas, by virtue of Article  28 of the Protocol concerning the definition of 
the  concept  of  "originating  products"  and  methods  of  administrative 
cooperation,  the  EEC-Morocco  Cooperation  Council  has  adopted  Decision  No. 
amending the Protocol to take account of  the accession  of  Spain  and 

Portugal to the European Communities; 

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

(1) OJ No L 287, 20.10.1988,p.  1 
(1) OJ No L 287, 20.10.1988,p. 86 

HAS  ADOPTED  THIS  REGULATION 

: 

-  2 

-

Article  1 

Decision  No 
in the  Community. 

of the EEC-Morocco Cooperation  Council  shall  be  applied 

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 Comjnynitie§, 

It shall  apply  from 1 November  1988. 

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

Done at Brussels» 

For  the Council 
The President 

- 3 -

Annex 

Draft  Decision No 

/89 

of the EEC-Morocco Cooperation Council amending, 
on account of the accession of Spain and Portugal to the European Communities, 
the Protocol concerning the definition of the concept of 
"originating products" and methods of administrative cooperation 

THE COOPERATION COUNCIL, 

Having regard to the Agreement between the European Economic Community and the 
Kingdom of Morocco (1), signed on 27 April 1976; 

Having regard to the Protocol signed on 26 May 1988 consequent to the accession 
of Spain and Portugal to the European Communities, and in particular Article 24 
thereof, 
Whereas the Protocol concerning the definition of the concept of "originating 
products" and methods of administrative cooperation, hereinafter referred to 8S 
the "Origin Protocol" (2), needs amending, consequent to the accession of Spain 
and  Portugal  to  the  European  Communities,  in  respect  of  both  technical 
amendments  and  transitional  arrangements in order  to implement correctly the 
trade arrangements contained in the Protocols consequent to the said accession; 

Whereas the transitional arrangements should ensure the correct implementation 
of these trade arrangements between the Community ss constituted on 31 December 
1985 and Spain and Portugal on the one hand and Morocco on the other hand, 

HAS DECIDED AS FOLLOWS : 

(1) 03 No. L 264, 27.9.1978, p.  2 
(2) OJ No. L 264, 27.9.1978, p. 38 

- 4 -

Article 1 

The  provisions  of  the  Origin  Protocol  indicated  below  shalL  be  amended  as 
follows : 

1)  The  second  paragraph  of  Article  19  (2)  shall  be  replaced  by  the 

foliowiny : 

"EUR.l  certificates  issued  retrosp ectively  must be endorsed  with one of 

the following phrases : 

"DELIVRE A POSTERIORI" 
"UUSTEUr EFTERFOLGENDE" 

" N A C H T K K G L I CH  AUSGESTELLT" 
•EKA06EN EK TON YTTEPQN' 
"ISSUED  RETROSPECTIVELY" 
"EXPEpIDO A POSTERIORI" 
"RILASCIATO A POSTERIORI" 
"AFGEGEVEN A POSTERIORI" 
"EMITIUO A POSTERIOR" 

2)  Article 20 shall be repLaced by the following : 

"Article  20 

In the event of the theft, loss or destruction of an  E0R.1 certificate, 
the exporter may apply  to the customs  authorities which  issued it for a 
duplicate  to be made out on the basis of the export  documents in their 
possession.  The duplicate  issued  in this way must be endorsed  with one 
of tne following words  : 

"DUPLICATA" 
"DUPLICAAT" 
"DUPL1KAT" 
•ANTirPAOO» 

"DUPLICADU" 
"DUPLICATO" 
"DUPLICATE" 
•SEGUNDA  VIA* 

- 5 -

3)  Article 33 shall be replaced by the following : 

"Article 33 

The  provisions  of  the  Agreement  may  be  applied  to  goods  which  comply 
with the provisions of Title I and which  on  1 November  1988  are  either 
in  transit  or  are  in  the  Community,  in the  areas with  special  customs 
and  tax  arrangements  covered by  Protocol  2  to  the  Act  of  Accession  to 
the  European  Communities  of  Spain  and  Portugual,  or  in  Morocco, in 
temporary storage, in bonded warehouses or in free zones, subject to the 
submission  to the customs authorities of the importing  State within  six 
months of that date of an EUR. 1 certificate made out  retrospectively  by 
the  competent  authorities  of  the  exporting  State  together  with  the 
documents showing that the goods have been transported directly". 

4)  The following articles shall be inserted in the Origin  Protocol : 

"Article 35 

For  the  application  of  the  provisions  of  the  Additional  Protocol 
concerning  products  originating  in  the  areas  with  special  customs  and 
tax  arrangements  covered  by  Protocol  2  to  the Act  of Accession  to the 
European  Communities  of  Spain  and  Portugal,  this  Protocol  shall  apply 
mutatis  mutandis  subject  to  the  particular  conditions  set  out  in 
Articles 36 to 38". 

"Article 36 

The  term  "Community"  used  in  this  Protocol  shall  not  cover  the  areas 
referred  to  in  Article  35.  The  term  "products  originating  in  the 
Community"  shall not cover products originating in these areas. 

"Article 37 

1.  The  following  paragraphs  shall  apply  instead  of  Article  1  and 
references  to  that  Article  shall  apply  mutatis  mutandis  to  this 
Article. 

- 6 -

2. On  condition  that  they were transported  in conformity with Article 

5,  the following shall be considered as : 

a) products originating in the areas referred to in Article 35 

i)  products wholly obtained in these areas; 

ii)  products  obtained  in  these  areas,  in  the  manufacture  of 
which products other than those referred to in (i) are used, 
provided  that  the  said  products  have  undergone  sufficient 
working or processing within the meaning of Article 3. 

b) products originating in Morocco 

i)  products wholly obtained in Morocco; 

ii)  products  obtained  in  Morocco  in  the  manufacture  of  which 
products  other  than  those  referred  to  in  ( i)  are  used, 
provided  that  the  said  products  have  undergone  sufficient 
working or processing within the meaning of Article 3. 

3.  For  the  purpose  of  implementing  paragraph  2(a)(1), where  products 
wholly  obtained  in  Morocco,  Algeria,  Tunisia  or  in  the  Community 
undergo  working  or  processing  in  the  areas  referred  to  in  Article 
3 5, they shall be considered as having been wholly obtained in these 
areas • 
For  the  purpose  of  implementing  paragraph  2(a)(ii),  working  or 
processing  carried  out  in  Morocco,  Algeria,  Tunisia,  or  in  the 
Community,  shall  be  considered  as  having  been  carried  out  in the 
zones  referred  to  in  Article  35  when  the  products  obtained  are 
subsequently worked or processed in these areas. 

This  paragraph  shall  apply  subject  to  the  condition  that  the 
products concerned are transported in conformity with Article 5. 

(\ 

- 7 -

4* For  the  purposes  of  implementing  the  first  indent  of  paragraph  2  (b) 
(i),  where  products  wholly  obtained  in Algeria, Tunisia, the  Community 
or in the areas referred to in Article 35 undergo working or processing 
in Morocco, they  shall be  considered  as having  been wholly obtained in 
Morocco. 
For  the  purposes  of  implementing  paragraph  2  (b)  (ii), working  or 
processing  carried  out  in  Algeria,  Tunisia,  the  Community  or  in  the 
area  referred  to  in  Article  35  shall  be  considered  as  having  been 
carried out in Morocco. 
This  paragraph  shall  apply  subject  to  the  condition  that  the  products 
concerned are transported in conformity with Article 5. 

5. In derogation from paragraph  2, where, pursuant to the provisions of the 
above paragraphs and provided that all the conditions laid down in those 
paragraphs  are  fulfilled,  the originating products  are  obtained  in  two 
or  more  of  the  States  referred  to  in  these  provisions  or  in  the 
Community  or  in  the  areas  referred  to  in  Article  35,  they  shall  be 
considered  as  products  originating  in  one  of  those  States  or  in  the 
Community  or  in  those  areas/  according  to  where  the  last  working  or 
For  this  purpose  the  working  or  processing 
processing  took  place. 
referred  to  in  Article  3(3)  shall  not  be  considered  as  working  or 
processing. 

6. The  areas  referred  to  in  Article  35  shall  be  considered  as  a  single 

territory. 

È  *\ 

- 8 -

7. The  exporter  or  his  authorized  representative  shall  enter 
"Morocco"  and  "Areas  referred  to  in  Protocol  No.  2f  1985  Act  of 
Accession"  in box 2  of  certificate  EUR. 1 and  box  1 of  form  EUR. 2. 
In  addition,  in  the  case  of  products  originating  in  the  zones 
referred  to  in  Article  35,  this  shall  be  indicated  in  box  4  of 
certificate EUR.1 and box 8 of form EUR.2. 

8. The  products  in  Annex  II  shall  be  temporarily  excluded  from  the 
scope  of  this  Protocol.  Nevertheless,  the  arrangements  regarding 
administrative  cooperation  shall  apply  mutatis  mutandis  to  these 
products". 

"Article  38 

The  Spanish  customs  authorities  shall  be  responsible  for  the 
application of this Protocol in the zones referred to in Article 35." 

Article  2 

This Decision shall enter into force on  1 November  1988. 

Done at, 

For the Cooperation Council 

The Chairman 

j i 

Proposai for a 
COUNCIL REGULATION (EEC) 
on the apiication of the Decision of the 
EEC-Syria Cooperation Council 
•mending, on account of the accession of Spain and Portugal 
to the European Communities, 
the Protocol concerning the definition of the concept of 
"originating products" and methods of administrative cooperation. 

jy 

EXPOSE DES MOTIFS 

Le présent projet  de Décision modifie, suite  à  l'adhésion  de  l'Espagne 
et  du  Portugal  aux  Communautés  Européennes,  le  Protocole  relatif  à  la 
définition  de  la  notion  de  "produits  originaires"  et  aux  méthodes  de 
coopération administrative, tant du point de vue technique que du point 
de  vue  des  dispositions  nécessaires pour  assurer  une bonne  application 
du régime commercial prévu par le Protocole à l'accord conclu par la CEE 
avec la Syrie. 

JI7 

Proposal for a Council Regulation (BBC) 

on the application of Decision so 

of the EEC-Syria Cooperation Council amending, 
on account of the accession of Spain and Portugal to the European Communities, 
the Protocol concerning the definition of the concept of 
"originating products" and methods of administrative cooperation 

TUB COUNCIL OP 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 Council Regulation (EEC) No 3189/88 of 14 October 1988 laid down from 1 
November  1988 the arrangements for Spanish and Portuguese trade with Morocco 
and Syria (1), 

Whereas Decision 85/520/ECSC of the representatives of the Governments of the 
Member  states of the European  Coal  and  Steel  Community, meeting  within  the 
Council, of  14 October  1988, laying  down  the  arrangements  for  Spanish and 
Portuguese  trade with Morocco and  Syria  in products  falling  under  the  ECSC 
Treaty and amending Decision 86/69/ECSC (2) sets out in Article 1 that Decision 
87/456/ECSC applies to trade with Syria and therefore the modifications of the 
rules of origin following the accession of Spain and Portugal and established 
by the Cooperation Council are applicable  to the products  indicated  in this 
Decision; 

Whereas, by virtue of Article 25 of the Protocol concerning the definition of 
the  concept  of  "originating  products"  and  methods  of  administrative 
cooperation,  the  EEC-Syria  Cooperation  Council  has  adopted  Decision  No. 
••• amending the Protocol to take account of the accession of Spain and 

Portugal to the European Communities; 

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

(1) O J N OL 287, 20. 10.1988,p.  1 
(1) OJ No L 287, 20.10.1988,p. 86 

ÀU 

HAS ADOPTED THIS REGULATION 3 

- 2 -

Article  1 

Decision  No 
in the Community. 

of  the EEC-Syria  Cooperation  Council  shall  be  applied 

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 «tournai pf the European, (tawwnitiea, 

it shall apply  from 1 November 1988. 

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

Done at Brussels, 

For the Council 
The President 

- 3 -

Annex 

Draft  Decision No 

/89 

of the EEC-Syria Cooperation Council amending, 
on account of the accession of Spain and Portugal to the European Communities, 
the Protocol concerning the definition of the concept of 
"originating products" and methods of administrative cooperation 

THE COOPERATION COUNCIL, 

Having regard to the Agreement between the European Economic Community and the 
Syrian Republic  (1), signed on 18 January 1977; 

Having  regard  to  the  Protocol  signed  on  16  June  1988  consequent  to  the 
accession of Spain and Portugal to the European Communities, and in particular 
Article 24 thereof, 
Whereas the Protocol concerning the definition of the concept of "originating 
products" and methods of administrative cooperation, hereinafter referred to as 
the "Origin Protocol" (2), needs amending, consequent to the secession of Spain 
and  Portugal  to  the  European  Communities,  in  respect  of  both  technical 
amendments and  transitional  arrangements in order to implement correctly the 
trade arrangements contsined in the Protocols consequent to the said accession; 

Whereas the transitional arrangements should ensure the correct implementation 
of these trade arrangements between the Community as constituted on 31 December 
1983 and Spain and Portugal on the one hand and Syria on the other hand, 

HAS DECIDED AS FOLLOWS s 

(1) 03 No. L 269, 27.9.1978, p.  2 
(2) 0J No. L 269, 27.9.1978, p. 22 

CÀ& 

- 4 -

Article  1 

The  provisions  of  the  Origin  Protocol  indicated  below  shall  be  amended  as 
follows : 

1)  The  second  subparagraph  of  Article  19  (2)  shall  be  replaced  by  the 

following : 

"EUK.l  certificates  issued  retrospectively  must  be  endorsed  with  one  of 
the following phrases : 

"DELIVRE A POSTERIORI" 
"OUSTEDT EFTERFOLGENDE" 
" N A C H T R A G L I CH  AOSGESTELLT" 
«EKAOeEN EK TON YTTEPQN* 
"ISSUED RETRUSPECrIVELY" 
"EXPEDIDO A POSTERIORI" 
"RILASCIATQ A PpSTERiQlU" 
"AFGEGEVEN A PUSTERIÛRI» 
"EMITIDO A POSTERIOR" 

2)  Article 20 shall be replaced by the following : 

"In the event  of the theft, loss or destruction of an E0R.1 certificate, 
the exporter  may  apply  to  the customs  authorities which  issued  it  for s 
duplicate  to be made  out  on  the basis  of  the  export  documents  in  their 
possession.  The duplicate  issued  in  this way  must  be endorsed  with one 
of the following words : 

"DUPLICATA" 
"DUPLICAAT" 
"DUPLIKAT" 
•ANTirPAOO' 
"DUPLICADO" 
"DUPLICATO" 
"DUPLICATE" 
•SEGUNDA  VIA* 

iY 

-  5 -

3)  Article 29 shall be replaced by the following  : 

"Article 29 

The  provisions  of  the  Agreement  may  be  applied  to  goods  which  comply 
with  the provisions of  Title  I and  which  on  1  November  1988  are either 
in  transit  or  are  in  the  Community,  in  the  Canary  Islands,  Ceuta  and 
Helilla  or  in  Syria  in  temporary  storage,  in  bonded  warehouses  or  in 
free  zones  subject  to  the submission  to  the customs  authorities of the 
importing  State within  six  months of  that  date  of  an  EUR.l  certificate 
made  out  retrospectively  by  the competent  authorities of  the  exporting 
State  together  with  the  documents  showing  that  the  goods  have  been 
transported directly". 

4)  The following articles shall be inserted in the Origin Protocol  : 

"Article 31 
For  the  application  of  the  provisions  of  the  Additinal  Protocol 
concerning  products  originating  in  the  Canary  Islands,  Ceuta  and 
Helilla,  this  Protocol  shall  apply  mutatis  mutandis  subject  to  the 
particular conditions set out in Articles 32 to 34". 

"Article 32 

The  term  "Community"  used  in  this  Protocol  shall  not  cover  the  Canary 
Islands,  Ceuta  and  Helilla. 
The  term  "products  originating  in  the 
Community"  shall  not  cover  products originating  in  the Canary  Islands, 
Ceuta and Melilla". 

"Article 33 
1.  The  following  paragraphs  shall  apply  instead  of  Article  1  and 
references  to  that  Article  shall  apply  mutatis  mutandis  to  this 
Article. 

t 

- 6 -

2. On  condition  that  they  were  transported 

in  conformity  with 

Article 5/  the following shall be considered as : 

a) products originating in the Canary  Islands/ Ceuta and Melilla 

i)  products  wholly  obtained  in  the  Canary  Islands/  Ceuta  and 

Melilla; 

ii)  products  obtained  in  the  Canary  Islands, Ceuta  and Melilla 
in  the  manufacture  of  which  products  other  than  those 
referred to in (i) are used, provided that the said products 
have undergone  sufficient  working  or  processing  within  the 
meaning of  Article  3  (1 ) •  This  condition  shall not  apply, 
however/  to  products  which,  within  the  meaning  of  this 
Protocol, originate in Syria or the Community, provided they 
ondergo  in the  Canary  islands, Ceuta  or Melilla,  working  a 
processing  which  exceeds  the  insufficient  working  or 
processing set out in Article 3 (3). 

b) products originating in Syria 

i)  products wholly obtained in Syria; 

ii)  products  obtained  in  Syria  in  the  manufacture  of  which 
products  other  than  those  referred  to  in  (i)  are  used, 
provided  that  the  said  products  have  undergone  sufficient 
working  or processing  within  the meaning  of  Article  3  ( 1 ). 
This condition  shall not apply, however, to products which, 
within the meaning of this Protocol, originate in the Canary 
Islands,  Ceuta  or  Melilla  or  the  Community  provided  they 
undergo  in  Syria  working  or  processing  which  exceeds  the 
insufficient working or processing set out in Article 3  (3)• 

3. Tne  Canary  Islands,  Ceuta  and  Melilla  shall  be  considered  as  a  single 

territory. 

i  A 

- 7 -

4. The  exporter  or  his  authorized  representative  shall  enter 
"Syria"  and  "Canary  Islands,  Ceuta  and  Melilla"  in  box  2  of 
certificate EUR.1 and box 1 of form BUR.2.  In addition, in the case 
of  products  originating  in  the  Canary  Islands, Ceuta  and  Melilla, 
this shall be indicated  in box 4  of  certificate  EUR.1  and box  8 of 
form EUR.2. 

5. The  products  in  Annex  II  shall  be  temporarily  excluded  from  the 
scope  of  this  Protocol.  Nevertheless,  the  arrangements  regarding 
administrative  cooperation  shall  apply  mutatis  mutandis  to  these 
products"• 

'Article  34 
The  Spanish  customs  authorities  shall  be  responsible  for  the 
application of this protocol in the Canary  Islands, Ceuta and Melilla." 

Article  2 

This Decision shall enter into force on  1 November  1988. 

Done at, 

For the Cooperation Council 

The Chairman 

9 rv 
.J  w 

Proposal for a 

COUHCIL REGULATION  (EEC) 
on the amplication of the Decision of the 
EEC-Israel Joint Committee 
amending, on account of the accession of Spain and Portugal 
to the European Communities, 
the Protocol concerning the definition of the concept of 
'originating products" and methods of administrative coopération. 

5A 

EXPOSE DES MOTIFS 

Le present projet  de  Décision modifie/  suite  à  l'adhésion  de  l'Espagne 
et  du  Portugal  aux  Communautés  Européennes/  le  Protocole  relatif  à  la 
définition  de  la  notion  de  "produits  originaires"  et  aux  méthodes  de 
coopération administrative/  tant du point de vue technique que du point 
de  vue  des  dispositions  nécessaires pour  assurer  une bonne  application 
du régime commercial prévu par le Protocole à l'accord  conclu par la CEE 
avec Israël. 

1  Ci 

Proposal for a Council Regulation (EEC) 

on the application of Decision No 

of the EEC-Israel Joint Committee amending, 
on account of the accession of Spain and Portugal to the European Communities, 
the Protocol concerning the definition of the concept of 
"originating products" and methods of administrative cooperation 

THE COUNCIL OF TOE 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 Council Regulation (EEC) No 4162/87 of 21 December 1987 laid down from 
1 January  1988 the arrangements for Spanish and Portuguese trade with Israel 
(1); 

Whereas Decision 87/610/ECSC of the representatives of the Governments of the 
Member  States of  the European  Coal  and  Steel  Community, meeting  within  the 
Council, of  21  December  1987, laying  down the arrangements  for  Spanish and 
Portuguese  trade with  Israel  in products  falling  under  the  ECSC  Treaty  and 
amending Decisions 86/69/ECSC  and 87/456/ECSC  (2) sets out in Article 1 that 
Decision  87/456/ECSC  applies  to  trade  with  Israel  and  therefore  the 
modifications  of  the  rules  of  origin  following  the  accession  of  Spain and 
Portugal and established by the Joint Committee Council are applicable to the 
products indicated in this Decision; 

Whereas, by virtue of Article 25 of the Protocol concerning the definition of 
the  concept  of  "originating  products"  and  methods  of  administrative 
cooperation,  the  EEC-Israel  Joint  Committee  has  adopted  Decision  No. 
......... amending the Protocol to take account of the accession of Spain and 
Portugal to the European Communities; 

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

(1) OJ No L 396, 31.12.1987,p.  1 
(2) OJ No L 396, 31.12.1987,p. 69 

a<L 

HAS ADOPTED THIS REGULATION : 

-  2 -

Article  1 

Decision  No 
the Community. 

of  the EEC-Israel  Joint  Committee  shall  be  applied  in 

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  from 1 January  1988. 

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

Done at Brussels, 

For the Council 
The President 

q}\ 

- 3 -

Annex 

Draft  Decision No 

/89 

of the EEC-Israel Joint Committee amending, 

on account of the accession of Spain and Portugal to the European Communities, 
the Protocol concerning the definition of the concept of 
"originating products" and methods of administrative cooperation 

THE COOPERATION COUNCIL, 

Having regard to the Agreement between the European Economic Community end the 
State f Israel (1), signed on 11 May 1975; 

Having  regard  to  the Protocol  signed  on  14 December  1987 consequent  to the 
accession of Spain and Portugal to the European Communities, and in particular 
Article 30 thereof, 
Whereas the Protocol concerning the definition of the concept of "originating 
products" and methods of administrative cooperation, hereinafter referred to as 
the  "Origin  Protocol"  (2), as  last  amended  by  Decision  No.  1/78  of  the 
EEC-Israel Joint Committee (3), needs amending, consequent to the accession of 
Spain and  Portugal  to the European Communities, in respect of both technical 
amendments and transitional  arrangements in order  to  implement  correctly  the 
trade arrangements contained in the Protocols consequent to the said accession; 

Whereas the transitional arrangements should ensure the correct implementation 
of these trade arrangements between the Community as constituted on 31 December 
1985 and Spain and Portugal on the one hand snd Isrsel on the other hand, 

HAS DECIDED AS FOLLOWS : 

(1) 0J No. L 136, 28.5.1975, p.  3 

(2) 0J No. L 136, 28.5.1975, p.126 
(3) 0J No. L  80, 31.3.1979, p.  2 

^ 
0  ^ 

- 4 -

Article  1 

The  provisions  of  the  Origin  Protocol  indicated  below  shall  be  amended  as 
follows : 

1)  The  second  subparagraph  of  Article  19  (2)  shall  be  replaced  by  the 

following : 

"EUR.l  certificates  issued  retrospectively  must  be endorsed  with one of 

the following phrases : 

"DELIVRE A POSTERIORI" 
"UDSTEDT EFTERFOLGENDE" 
"NACHTRAGLICH AUSGESTELLT" 
•EKAOOEN EK TON YXTEPQN* 
"ISSUED RETROSPECTIVELY" 
"EXPED1D0 A POSTERIORI" 
"R1LASCIAT0 A POSTERIORI" 
"AFGEGEVEN A POSTERIORI" 
"EMITIDO A POSTERIOR" 

2)  Article 20 shall be replaced by the following : 

"In the event of the theft, loss or destruction of an EUR.l  certificate, 
the  exporter may apply  to the customs  authorities  which  issued it for s 
duplicate to be made out on the basis of the export  documents  in their 
possession.  The duplicate  issued  in this way must be endorsed  with one 
of the following words : 

"DUPLICATA" 
"DUPL1CAAT" 
"DUPL1KAT" 
•ANnrPAOO* 
"DUPLICADO" 
"DUPLICATO" 
"DUPLICATE" 
•SEGUNDA  VIA* 

The duplicate, on which the date of the original  movement  certificate must 

yjQ 

n A n n n^ i. .««,J  „ K «1 1  «.~U<*  - P P « «*  ~-  *•»-

- 5 -

3)  The following  articles shsll be inserted  in the Origin  Protocol  : 

"Article 31 

The  provisions  of  the  Agreement  may  be  applied  to  goods  which  comply 
with the provisions of Title I end which on 1 Jsnuary 1988 are either in 
transit  or  are  in  the  Community,  in  the  Canary  Islands,  Ceuta  and 
Mel illa or  in  Israel  in  temporary  storage,  in  bonded  warehouses  or  in 
free  zones  subject  to  the  submission  to  the  customs  authorities of the 
importing  State within  six  months  of  thst  dste  of  an EUR.l  certificate 
made  out  retrospectively  by  the competent  authorities  of  the  exporting 
State  together  with  the  documents  showing  that  the  goods  have  been 
transported  directly". 

"Article 32 

For  the  application  of  the  provisions  of  the  Additional  Protocol 
concerning  products  originating  in  the  Canary  Islands,  Ceuta  and 
Melilla,  this  Protocol  shsll  apply  mutatis  mutandis  subject  to  the 
psrticular conditions set out  in Articles 33 to 35". 

"Article 33 

The  term  "Community"  used  in  this  Protocol  shsll  not  cover  the  Canary 
Islands,  Ceuta  and  Melilla. 
The  term  "products  originating  in  the 
Community"  shsll  not  cover  products  originating  in  the Canary  Islands, 
Ceuta and Melilla". 

"Article 34 

1.  The  following  paragraphs  shsll  apply  instead  of  Article  1  and 
references  to  thst  Article  shsll  apply  mutatis  mutandis  to  this 
Article. 

o\ 

- 6 -

2. On  condition  that  they  were  transported 

in  conformity  with 

Article 5/  the following shall be consxdered as : 

a) products orxginating in the Canary  Islands, Ceuta and Melilla 

x)  products  wholly  obtained  in  the  Canary  Islands,  Ceuta  and 

Melilla; 

xx)  products  obtained  in  the  Canary  Islands, Ceuta  and  Melilla 
in  the  manufacture  of  which  products  other  than  those 
referred to in (1) are used, provided that the said products 
have  undergone  sufficient  working  or  processing  within  the 
meaning  of  Article  3  ( 1 ) •  This  condition  shall  not  apply, 
however,  to  products  which,  witnin  the  meaning  of  this 
Protocol,  originate  in  Israel  or  the  Community,  provided 
they  ondergo  in  the  Canary  Islands,  Ceuta  or  Melilla, 
workxng  a processing  which exceeds the insufficient  working 
or processing set out in Article 3  (3). 

b) products originating in Israel 

x)  products wholly obtained in Israel; 

xx)  products  obtained  In  Israel  in  the  manufacture  of  which 
products  other  than  those  referred  to  in  (1)  are  used, 
provided  that  the  said  products  have  undergone  sufficient 
working or processing within the meaning of Article 3 (1 ) • 
This condition  shall not apply, however, to products which, 
within the meaning of this Protocol, originate in the Canary 
Islands,  Ceuta  or  Melilla  or  the  Community  provided  they 
undergo  in  Israel  working  or  processing  which  exceeds  the 
insufficient working or processing set out in Article 3  (3)• 

3. The  Canary  Islands, Ceuta  and  Melilla  shall  be  considered  as  a  single 

territory. 

- 7 -

4. The  exporter  or  his  authorized  representative  shall  enter 
"Israel"  and  "Canary  Islands,  Ceuta  and  Melilla"  in  box  2  of 
certxfxcate EUR.1 and box  1 of form EUR.2.  In addition, in the case 
of  products  originating  in  the  Canary  Islands,  Ceuta  and  Melilla, 
tnis shall be indicated in box 4 of  certificate EUR. 1 and  box  8 of 
form EUR.2. 

5. The  products  in  Annex  II  shall  be  temporarily  excluded  from  the 
scope  of  this  Protocol.  Nevertheless,  the  arrangements  regarding 
admxnistrative  cooperation  shall  apply  mutatis  mutandis  to  these 
products•" 

'Artxcle  35 
The  Spanish  customs  authorities  shall  be  responsible  for  the 
applxcatlon of this Protocol in the Canary  Islands, Ceuta and Melilla•" 

Article  2 

Thxs oecxsxon shall enter into force on  1 January  1988. 

Done at, 

For the Joint Committee 
The Chairman 

& 

Fiche d'impact PME 

Proposition  de 3  règlements du  Conseil  concernant  l'application  des  Décisions 
des Conseils de Coopération CEE-Maroc  et CEE-Syrie  et du Conseil  d'Association 
CEE-Israël modifiant, en  raison  de  l'adhésion  de  l'Espagne  et du  Portugal  aux 
Commmunautés  européennes, le Protocole  relatif  à la définition  de  la notion de 
produits originaires et aux méthodes de coopération admnistrative. 

Ces propostions  ne sont pas considérées présenter  des effets  négatifs pour les 
petites et moyennes entreprises. 

Le Task Force PME a approuvé cette position. 

xo 

COM(89)  362  final 

ISSN 0254-1475 

DOCUMENTS 

Proposals  for 

COUNCIL  REGULATIONS  (EEC) 

—  on the  application  of  the  Decision  of  the  EEC-Morocco  Cooperation  Council  amending, 
on  account  of  the  accession  of  Spain  and  Portugal  to  the  European  Communities,  the 
Protocol  concerning  the  definition  of  the  concept  of  'originating  products'  and 
methods  of  administrative  cooperation 

—  on the  application  of  the  Decision  of  the  EEC-Syria  Cooperation  Council  amending,  on 
account  of  the  accession  of  Spain  and  Portugal to  the  European  Communities,  the 
Protocol  concerning  the  definition  of  the  concept  of  'originating  products'  and 
methods  of  administrative  cooperation 

—  on the  application  of  the  Decision  of  the  EEC-Israel  Joint  Committee  amending,  on 
account  of  the  accession  of  Spain  and  Portugal  to  the  European  Communities,  the 
Protocol  concerning  the  definition  of  the  concept  of  'originating  products'  and 
methods  of  administrative  cooperation 

(submitted  to  the  Council  by the  Commission) 

11 

02 

Catalogue  number:  CB-CO-89-333-EN-C 

ISBN  92-77-52272-0 

€ 

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

20.7.1989 

COM(89)  362  final 

ISSN 0254-1475 

DOCUMENTS 

Proposals  for 

COUNCIL  REGULATIONS  (EEC) 

—  on the  application  of  the  Decision  of  the  EEC-Morocco  Cooperation  Council  amending, 
on  account  of  the  accession  of  Spain  and  Portugal  to  the  European  Communities,  the 
Protocol  concerning  the  definition  of  the  concept  of  'originating  products'  and 
methods  of  administrative  cooperation 

—  on  the  application  of  the  Decision  of  the  EEC-Syria  Cooperation  Council  amending,  on 
account  of  the  accession  of  Spain  and  Portugal to  the  European  Communities,  the 
Protocol  concerning  the  definition  of  the  concept  of  'originating  products'  and 
methods  of  administrative  cooperation 

—  on the  application  of  the  Decision  of  the  EEC-Israel  Joint  Committee  amending,  on 
account  of  the  accession  of  Spain  and  Portugal  to  the  European  Communities,  the 
Protocol  concerning  the  definition  of  the  concept  of  'originating  products'  and 
methods  of  administrative  cooperation 

(submitted  to  the  Council  by the  Commission) 

11 

02 

Catalogue  number:  CB-CO-89-333-EN-C 

ISBN  92-77-52272-0 

€ 

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

20.7.1989