CELEX: 
Language: en
Date: 1973-12-17 00:00:00
Title: Regulation (EEC) No 3355/73 of the Council of 26 November 1973 on the implementation of Decision No 9/73 of the EEC/Portugal Joint Committee supplementing and amending Articles 24 and 25 of Protocol No 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation #Decision No 9/73 of the Joint Committee supplementing and amending Articles 24 and 25 of Protocol No 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation

No L 347/24                         Official Tournal of the European Communities                     17. 12 . 73
                             REGULATION (EEC) No 3355/73 OF THE COUNCIL
                                                  of 26 November 1973
                on the implementation of Decision No 9/73 of the EEC/Portugal Joint Committee
                supplementing and amending Articles 24 and 25 of Protocol No 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 11.3 thereof;
            Having regard to the proposal from the Commission ;
            Whereas an Agreement (') between the European Economic Community and the Repub­
            lic of Portugal was signed on 22 Jully 1972, and entered into force on 1 January 1973 ;
            Whereas pursuant to Article 28 of Protocol No 3 concerning the definition of the
            concept of 'originating products' and methods of administrative cooperation which
            is an integral part of the Agreement, the Joint Committee adopted Decision No 9/73
            supplementing and amending Articles 24 and 25 of that Protocol on 20 August 1973 ;
            Whereas it is necessary to apply this Decision in the Community,
            HAS ADOPTED THIS REGULATION :
                                                        Article 1
            For the purpose of implementing the Agreement between the European Economic
            Community and the Republic of Portugal, Decision No 9/73 of the Joint Committee,
             annexed to this Regulation, shall apply in the Community.
                                                        Article 2
            This Regulation shall enter into force on the third day following its publication in the
             Official Journal of the European Communities .
             It shall apply from 1 November 1973 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 26 November 1973 .
                                                                            For the Council
                                                                              The President
                                                                            I. NØRGAARD
             C) OJ No L 301 , 31 . 12 . 1972, p. 165 .
 ---documentbreak--- 17 . 12 . 73                        Official Journal of the European Communities                             No L 347/25
                                DECISION No 9/73 OF THE JOINT COMMITTEE
                 supplementing and amending Articles 24 and 25 of Protocol No 3 concerning the
                 definition of the concept of 'originating products' and" methods of administrative
                                                      cooperation
THE JOINT COMMITTEE,                                              Portugal or in the latter two countries and cover­
                                                                  ed by Artiale 3 ( 1 ) of the Agreement and Article
                                                                  4 of the Protocol No 1 :
Having regard to the Agreement between the Euro­
pean Economic Community and the Portuguese Re­
public signed in Brussels on 22 July 1972 ;                       ( a) products which meet the conditions of this
                                                                        Protocol and for which a movement certifi­
                                                                        cate has been issued indicating that they have
Having regard to Protocol No 3 concerning the defi­                     acquired the status of originating products
nition of the concept of 'originating products' and                     and have undergone any additional proces­
methods of administrative cooperation (hereafter re­                    sing solely in Portugal or in the two countries
ferred to as 'Protocol No 3 ') and in particular Ar­                    referred to above or in the other five countries
ticle 28 thereof;                                                       specified in Article 2 of this Protocol ;
Whereas Decision No 6/73 of the Joint Committee
of 2 February 1973 amended Article 25 ( 1 ) of Pro­               ( b ) products other than products of Chapters 50
tocol No 3 to avoid, to the detriment of originating                    to 62, which meet the conditions of this Pro­
                                                                        tocol and for which a movement certificate
products within the meaning of the Agreement of 22
July 1972, distortions of sources of supply which                       has been issued indicating :
could arise until customs duties are abolished between
the Community as originally constituted and Ireland                     1 . that they have been obtained by the pro­
on the one hand, and Portugal on the other; whereas                          cessing of goods which, upon export from
that Decision has consequently amended Articles 23                           the Community as originally constituted
and 24 ;                                                                     or from Ireland, had already acquired
                                                                             there the status of originating products ;
Whereas, taking account of the emergence of further                     2 . and that the added value acquired in Por­
risks of distortion of sources of supply, new amend­                         tugal or in the two countries referred to
ments should be made to Article 25 ( 1 ) of Protocol                         above or in the other five countries spe­
No 3 ,                                                                       cified in Article 2 of this Protocol repre­
                                                                             sents 50% or more of the value of those
                                                                             products ;
 HAS DECIDED :
                                                                   ( c) products listed in column 2 below which meet
                                                                         the conditions of this Protocol and for which
                          Article 1
                                                                         a movement certificate has been issued indi­
 The text of Article 25 ( 1 ) of Protocol No 3 shall be                  cating that they have been obtained by the
 replaced by the following :                                             processing of goods listed in column 1 below
                                                                         which, upon export from the Community as
      ' 1 . The following products may benefit, upon                     originally constituted or from Ireland, had al­
      import into Portugal or Denmark or the United                      ready acquired there the status of originating
      Kingdom, from the tariff provisions in force in                    products .
 ---pagebreak--- No L 347/26                         Official Journal of the European Communities                                     17. 12. 73
                         Column 1                                                          Column 2
                       Products used                                                   Products obtained
1.    ex 11.08     Maize and potato starches                     ex 35.05          Starch glues
2.       73.12     Hoop and strip, of iron or steel, hot-rolled     73.18          Tubes and pipes and blanks therefor, of
                   or cold-rolled                                                 iron ( other than of cast iron) or steel ,
                                                                                  excluding high-pressure hydro-electric
                                                                                  conduits
3.       74.01     Copper matte ; unwrought copper (refined         74.03         Wrought bars, rods, angles , shapes and
                   or not), copper waste and scrap                                sections, of copper ; copper wire
                                                                    74.04         Wrought plates, sheets and strip , of
                                                                                   copper
                                                                    74.05         Copper foil (whether or not embossed,
                                                                                  cut to shape, perforated, coated , printed ,
                                                                                  or backed with paper or other reinforcing
                                                                                  material), of a thickness (excluding any
                                                                                  backing) not exceeding 0-15 mm
                                                                    74.06         Copper powders and flakes
                                                                    74.07         Tubes and pipes and blanks therefor,
                                                                                  of copper ; hollow bars of copper
                                                                    74.08         Tube and pipe fittings (for example ,
                                                                                  joints elbows, sockets and flanges), of
                                                                                  copper
                                                                    74.10         Stranded wire, cables, cordage, ropes ,
                                                                                  plaited bands and the like , of copper
                                                                                  wire , but excluding insulated electric
                                                                                  wires and cables
                                                                    85.23         Insulated (including enamelled or ano­
                                                                                  dized) electric wire, cable, bars , strip and
                                                                                  the like (including co-axial cable), whether
                                                                                  or not fitted with connectors
4.       75.01    Nickel mattes , nickel speiss and other           75.02         Wrought bars , rods , angles , shapes and
                  intermediate products of nickel metal­                          sections , of nickel ; nickel wire
                  lurgy ; unwrought nickel (excluding elec­
                  tro-plating anodes ) ; nickel waste and           75.03         Wrought plates , sheets and strip , of
                   scrap                                                          nickel ; nickel foil ; nickel powders and
                                                                                  flakes
                                                                    75.04         Tubes and pipes and blanks therefor, of
                                                                                  nickel ; hollow bars , and tube and pipe
                                                                                  fittings (for example, joints, elbows,
                                                                                  sockets and flanges), of nickel
5.   ex 85.24     Carbon electrodes                             ex 85.24          Graphite electrodes
6.   Materials not falling within Chapters 50 to 62             All products falling within Chapters 50 to 62
7.   ex Chapters Fibres, yarn, monofil and strip of textile     All products of Chapters 50 to 62 containing two or more
         50 to 57 materials, other than those predominating     textile materials
                  in weight provided that their weight does
                  not exceed 10% of the total weight of
                  all the textile materials incorporated in
                  the finished good
8.   ex Chapters Yarn                                           ex 60.04          Under-garments , complete and ready to
        50 to 59                                                                  wear
                                                                ex 60.05          Outer garments and other articles,
                                                                                  complete and ready for wear or use,
                                                                                  other than blankets
 ---pagebreak--- 17. 12 . 73                             Official Journal of the European Communities                               No L 347/27
                             Column 1                                                          Column 2
                          Products used                                                    Products obtained
 9.     ex Chapters Woven fabric, not embroidered, provided        ex 62.02           Goods as following embroidered :
            50 to 59 that the value of the woven fabric does                          table linen , curtains , table runners ,
                     not exceed 50 % of the value of the                              chair-backs ; arm-rests and cushion covers
                     finished product                                                 (excluding bed linen ) and furnishing
                                                                                      articles for churches and similar places of
                                                                                      worship
10.     ex Chapters Trimmings and accessories (excluding           All products falling within Chapter 60, heading Nos 61.01
            50 to 62 linings)                                      to 61.04, 61.06 , 61,07, 61.09 to 61.11 (complete and ready
                                                                   to wear), 61.05 (complete and ready for use), and products
                                                                   falling within heading No 61.08 and Chapter 62
11 .    ex 57.07     Sisal yarn                                    ex 58.02           Sisal carpets
12 .        50.03    Silk waste (including cocoons unsuitable
                     for reeling, silk noils and pulled or
                     garnetted rags )
            56.03    Waste (including yarn waste and pulled         All goods falling within Chapters 50 to 61
                     or garnetted rags) of man-made fibres
                      ( continuous or discontinuous), not carded ,
                     combed or otherwise prepared for
                     spinning
13 .        53.05    Sheep's or lambs' wool or other animal         All goods falling within Chapters 50 to 57
                     hair ( fine or coarse), carded or combed
14 .    ex 56.01      Synthetic textile fibres (discontinuous), I       All goods falling within Chapters 50 to 57 , except
                      not carded , combed or otherwise pre­             heading No 56.04 : man-made fibres (discontinuous or
                      pared for spinning                                waste), carded , combed or otherwise prepared for
                                                                        spinning
        ex 56.02      Continuous filament tow for the manu­             The following goods falling within Chapters 58 to 62 :
                      facture of synthetic textile fibres               ex 59.01 :     Sanitary towels
                       (discontinuous )
                                                                        ex 59.04 :     Twine, cordage , ropes and cables , plaited
                                                                                       or not, other than single yarn composed
                                                                                       solely of continuous synthetic textile
                                                                                       fibres
15 .     ex 56.01     Fibres and continuous filament tow of         ex 59.02           Needleloom felt , whether or not impreg­
         ex 56.02     polypropylene, provided that their value                         nated or coated
                      does not exceed 40% of the value of the
                       finished good
16 .     ex Chapters Yarn                                           ex 50.09           Woven fabrics , dyed , containing 80% or
            50 to 57                                                                   more by weight of silk or waste silk other
                                                                                       than noil
                                                                    ex 51.04           Woven     fabrics   of  man-made     fibres
                                                                                       ( continuous), flocked
                                                                    ex 55.09           Other woven fabrics of cotton flocked
                                                                    ex 55.09           Organdies , bleached,    mercerized     and
                                                                                       parchmentized
                                                                    ex 56.07           Woven      fabrics  of  man-made      fibres
                                                                                       (discontinuous or waste), flocked
                                                                        58.01          Carpets , carpeting and rugs , knotted
                                                                                       ( made up or not)
                                                                    ex 59.01           Sanitary towels
 ---pagebreak--- No L 347/28                          Official Journal of the European Communities                             17 . 12 . 73
                          Column 1                                                   Column 2
                       Products used                                            Products obtained
                                                                  ex 59.15  Textile hosepiping and similar tubing in
                                                                            which linen or true hemp or both
                                                                            materials together represent not more
                                                                            than 50% of the weight of the textile
                                                                            components
                                                                  ex 59.17  Bolting cloth
                                                                  ex 59.17  Textile articles other than the goods
                                                                            denned in Note 5 (a) to Chapter 59
                                                                  ex 60.03  Stockings, under-stockings, socks, ankle­
                                                                            socks , sockettes and the like, complete
                                                                            and ready to wear
                                                                  ex 60.06  Articles of the kinds falling within
                                                                            heading Nos 60.02 to 60.05 , knitted or
                                                                            crocheted     and    elastic or   rubberized
                                                                            complete and ready to wear or ready
                                                                            for use
17 .  ex Chapters Single yarn                                        59.05  Nets and netting made of twine, cordage ,
         50 to 59                                                           or rope, and made up fishing nets of
                                                                            yarn , twine , cordage or rope
                                                                     59.06  Other articles made from yarn , twine,
                                                                            cordage, rope or cables, other than textile
                                                                            fabrics    and   articles  made  from    such
                                                                            fabrics
18 .  ex Chapters Single yarn                                     ex 58.08  Knotted net fabrics, having a uniform
         55 and 56                                                          square or diamond-shaped mesh knotted
                                                                            at each corner, entirely made of cotton
                                                                            or synthetic textile fibres
19 .  ex 51.01      Yarn of synthetic textile fibre (con­         ex 58.08  Knotted net fabrics , having a uniform
                    tinuous), not put up for retail sale                     square or diamond-shaped mesh knotted
                                                                            at each corner, entirely made of cotton
                                                                            or of synthetic textile fibres
      ex 51.02      Monofil , strip ( artificial straw and the    ex 59.04  Twine, cordage, ropes and cables, plaited
                   like) and imitation catgut, of synthetic                 or not other than single yarn composed
                   textile materials                                        solely of continuous synthetic textile
                                                                            fibres
                                                                     59.05  Nets and netting made of twine , cordage
                                                                            or rope, and made up fishing nets of
                                                                            yarn , twine , cordage or rope
                                                                     59.06  Other articles made from yarn , twine,
                                                                            cordage , rope or cables , other than textile
                                                                            fabrics and articles made from such
                                                                            fabrics
20 .  ex 51.01      Yarn , monofil , strip ( artificial straw and     58.06  "Woven labels, badges and the like, not
      ex 51.02      the like) and imitation catgut, of cupram­               embroidered , in the piece, in strips or
      ex 56.05      monium fibres                                            cut to shape or size
21 .  ex 51.02     Monofil of polyesters                          ex 59.17   Fabrics ( other than felted fabrics of
                                                                             textile fibres), of a kind commonly used
                                                                             in machinery for making or finishing
                                                                             cellulosic pulp , paper or paperboard ,
                                                                            including fabrics of tubular or endless
                                                                            kind
 ---pagebreak--- 17. 12 . 73                             Official Journal of the European Communities                              No L 347/29
                             Column 1                                                      Column 2
                           Products used                                              Products obtained
22 .    ex Chapters Fabric and other products except those             59.10       Linoleum and materials prepared on a
            50 to 59 falling within heading Nos 59.10 and                          textile  base   in   a  similar   manner      to
                      59.11                                                        linoleum, whether or not cut to shape or
                                                                                   of a kind used as floor coverings ; floor
                                                                                   coverings consisting of a coating applied
                                                                                   on a textile base, cut to shape or not
                                                                    ex 59.11       Plates, sheets and strip, of expanded
                                                                                   foam or sponge rubber, combined with
                                                                                   textile fabric
23 .    ex Chapters Fabric (excluding linings), provided that       ex 61.01       Men's and boys' outer garments complete
            50 to 59 the value of the fabric (linings, trimmings                   and ready to wear
                       and accessories not included) does not
                      exceed 45% of the value of the finished       ex 61.02       Women's, girls' and infants' outer gar­
                       good                                                        ments , complete and ready to wear, of
                                                                                   the following kinds : frocks , skirts , jackets ,
                                                                                   trousers (other than trousers whose
                                                                                   fabric falls within heading Nos 55.08
                                                                                   and 55.09), suits (consisting of a jacket
                                                                                   and skirt or a jacket and trousers) and
24.     ex Chapters Fabric, including knitted or crocheted          ex 61.09       Brassieres , corsets, corset-belts, suspender
            50 to 60 fabric, provided that the value of the                        belts , girdle corsets and other articles
                       fabric does not exceed 40% of the value                     designed for wear as body-supporting
                       of the finished good                                        garments, whether or not elastic, complete
                                                                                   and ready to wear.
                This paragraph shall only apply to products which by virtue of this Agreement and of
                the Protocols annexed thereto will benefit from the abolition of customs duties at the
                conclusion of the period of tariff dismantling laid down for each product. This para­
                graph shall cease to be applicable upon the expiry of the period of tariff dismantling
                laid down for each product.'
                                                            Article 2
                1 . The text of Article 24 ( 1 ) of Protocol No 3 is replaced by the following :
                    'Movement certificates may, where appropriate, be required to indicate that the
                    products to which they relate have acquired the status of originating products and
                    have undergone any additional processing under the conditions set out in Article
                    25 ( 1 ) until the date from which the customs duties applicable to the said products
                    are abolished between the Community as originally constituted and Ireland on
                    the one hand, and Portugal on the other.'
                 2. Note 12, Articles 24 and 25 of Annex I to Protocol No 3 is deleted .
                                                            Article 3
                This Decision replaces Decision No 6/73 of the Joint Committee of 2 February 1973 .
                 Done at Brussels, 20 August 1973 .
                                                                               For the Joint Committee
                                                                                     The Chairman
                                                                              F. de MAGALHAES CRUZ
                               The Secretaries
                 A. CORREIA         C. D. von SCHUMANN