CELEX: 21988D0419(01)
Language: en
Date: 1987-12-23 00:00:00
Title: Decision No 3/87 of the EEC-Austria Joint Committee of 23 December 1987 amending Protocol 3 with a view to determining the rules for the application of Decision No 3/86 in the case of Spain and the Canary Islands, Ceuta and Melilla

Official Journal of the European Communities                                     19 . 4. 88
No L 100/2
                          DECISION No 3/87 OF THE EEC-AUSTRIA JOINT COMMITTEE
                                                        of 23 December 1987
                    amending Protocol 3 with a view to determining the rules for the application of
                     Decision No 3/86 in the case of Spain and the Canary Islands, Ceuta and Melilla
THE JOINT COMMITTEE,                                                   '6.     In the event of the theft, loss or destruction of an
                                                                       EUR. 1 certificate, the exporter may apply to the
Having regard to the Agreement between the European                    customs authorities which issued it for a duplicate to
Economic Community and the Republic of Austria,                        be made out on the basis of the export documents in
signed in Brussels on 22 July 1972,                                    their possession. The duplicate issued in this way must
                                                                       be endorsed with one of the following words : "dupli­
                                                                       cata", "duplicaat", "Duplikat", "αντίγραφο", "dupli­
Having regard to Protocol 3 concerning the definition of                cado", "duplicato", "duplicate", "segunda via",
the concept of 'originating products' and methods of                   "kaksoiskappale", "eftirrit".'
administrative cooperation, hereinafter referred to as
'Protocol 3', and in particular Article 28 thereof,
                                                                    5. Article 1 3 (7) shall be replaced by the following :
Whereas Protocol 3 was amended by Decision No 2/86 of                   '7. In the cases referred to in paragraph 6 (a), one of
the EEC-Austria Joint Committee of 27 May 1986 on                       the following phrases shall be entered in box 7,
account of the accession of Spain and Portugal to the                   "Remarks", of the EUR. . 1 certificate "Procedure
 European Communities with a view to ensuring the                       simplifiée", "Forenklet procedure", "Vereinfachtes
correct implementation of the trade regime contained in                 Verfahren", "απλονστενμένη 5ia8iicacria", "Simpli­
 the Protocols consequent on the said accession ;                       fied procedure", "Procedimiento simplificado", "Proce­
                                                                        dure semplificata", "Vereenvoudigde procedure",
Whereas, in order to take account of the simplification of              "Procedimento         simplificado",      "Yksinkertaistettu
 the documentation relating to evidence of origin intro­                 menettely", "Einföldud afgreidsla", "Forenklet prose­
 duced in Protocol 3 by Decision No 3/86 of the EEC-                     dyre", "Forenklad procedur".'
 Austria Joint Committee of 10 December 1986 amend­
 ments should be made to the provisions of Protocol 3
 relating to the accession of Spain and Portugal,                   6. The following paragraph shall be added to Article 24 :
                                                                         '6. (a) Paragraph 1 (a) shall apply mutatis mutandis to
                                                                                  the products covered by invoices made out in
                                                                                  Spain within the framework of Article 8 (1).
  HAS DECIDED AS FOLLOWS :
                                                                               (b) The provisions of paragraphs 2, 3 and 4
                                                                                    concerning the use of the symbol "ES" shall
                                                                                    apply mutatis mutandis to the invoices made
                             Article 1                                              out within the framework of Article 8 (1 ).'
  Protocol 3 is hereby amended as follows :                          7. The following Articles shall be inserted :
  1 . In Articles 2 (1 ), 7, 9 (3) first subparagraph, and 26,            'Article 25
      'Portugal' shall be deleted.
                                                                          For the application of the provisions of the Additional
                                                                          Protocol concerning products originating in the
  2. In Articles 2 (1 ), 23 (1) and 27 (1) and (2), 'six countries'       Canary Islands, Ceuta and Melilla, this Protocol shall
      shall be replaced by 'five countries'.                              apply mutatis mutandis subject to the particular
                                                                          conditions set out in Articles 25a to 25d.
  3. The third subparagraph of Article 9 (5) shall be
       replaced by the following :                                        Article 25a
       'EUR. 1 certificates issued retrospectively must be                The term "Community" used in this Protocol does not
       endorsed with one of the following phrases : "délivré a             cover the Canary Islands, Ceuta or Melilla. The term
       posteriori", "udstedt efterfølgende", "nachträglich                 "products originating in the Community does not
       ausgestellt", "£k5o$6v 6K των υστέρων", "issued                     cover products originating in the Canary Islands, Ceuta
       retrospectively", "expedido a posteriori , "rilasciato a            or Melilla.
       posteriori", "afgegeven a posteriori", "emitido a poste­
       riori", "annettu jälkikäteen", "utgefid eftir a", "utstedt           Article 25b
        senere", "utfärdat i efterhand" ;'
                                                                           1.    The following paragraphs shall apply instead of
   4. The first subparagraph of Article 9 (6) shall be replaced            Articles 1 , 2 and 3 and references to those Articles
        by the following :                                                 shall apply mutatis mutandis to this Article.
 ---pagebreak--- 19 . 4. 88                                Official Journal of the European Communities                                No L 100/3
    2. The following shall be considered as :                           forms EUR 2. In addition, in the case of products
    (a) products originating in the Canary Islands, Ceuta               originating in the Canary Islands, Ceuta and Melilla,
                                                                        this shall be indicated in box 4 of certificates EUR. 1
    and Melilla :
                                                                        and box 8 of forms EUR. 2.
         (i) products wholly obtained in the Canary Islands,
              Ceuta and Melilla ;                                       When invoices are made out in the Canary Islands,
                                                                         Ceuta or Melilla in the framework of the provisions of
        (ii) products obtined in the Canary Islands, Ceuta
              and    Melilla  in  the  manufacture   of  which          Article 8 ( 1 ), the exporter or his authorized representa­
                                                                         tive shall clearly indicate the products originating in
              products other than those referred to in.(i) are
              used, provided that the said products have                 the Canary Islands, Ceuta or Melilla by means of the
                                                                         symbol "CCM".
              undergone sufficient working or processing
              within the meaning of Article 5 (1 ). This condi­          5. The products in list C shall be temporarily
              tion shall not apply, however, to products                 excluded from the scope of this Protocol. Nevertheless,
              which, within the meaning of this Protocol,                the arrangements regarding administrative cooperation
              originate in Austria, Finland, Iceland, Norway,            shall apply mutatis mutandis to these products.
              Sweden or Switzerland or the Community                     Article 25c
              provided they undergo, in the Canary Islands,
              Ceuta or Melilla, working or processing which              The Spanish customs authorities shall be responsible
              exceeds the insufficient working or processing             for the application of this Protocol in the Canary
              set out in Article 5 (3).                                  Islands, Ceuta and Melilla.
                                                                        . Article 25d
(b) products originating in Austria :
         (i) products wholly obtained in Austria ;                       Article 23 shall not apply to trade between the Canary
                                                                         Islands, Ceuta and Melilla, on the one hand, and
        (ii) products obtained in Austria in the manufacture             Austria on the other.'
             of which products other than those referred to in
             (i) are used, provided that the said products have
                                                                                                 Article 2
             undergone sufficient working or processing
             within the meaning of Article 5 ( 1 ). This condi­     This Decision shall ehter into force on the day on which
             tion shall not apply, however to products which,       it is adopted.
             within the meaning of this Protocol, originate in
             the Canary Islands, Ceuta or Melilla, Finland,          It shall apply with effect from 1 July 1987.
             Iceland, Norway, Sweden or Switzerland or the
             Community provided they undergo working or             Article 24 (6), as it appears in Article 1 (6) of this Deci­
             processing which exceeds the insufficient               sion, shall apply until 31 December 1992.
             working or processing set out in Article 5 (3).
    3. The Canary Islands, Ceuta and Melilla shall be                Done at Brussels, 23 December 1987.
    considered as a single territory.
                                                                                                For the Joint Committee
    4. The exporter or his authorized representative
                                                                                                       The Chairman
    shall enter "Austria" and "Canary Islands, Ceuta and
     Melilla" in box 2 of certificates EUR. 1 and box 1 of                                                G. WAAS