CELEX: 
Language: en
Date: 1973-12-31 00:00:00
Title: Regulation (EEC) No 3600/73 of the Council of 27 December 1973 on the application of Decision No 10/73 of the EEC/Switzerland Joint Committee amending Protocol No 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation, and Decision No 3/73 of the Joint Committee laying down methods of administrative cooperation in the customs field #Decision No 10/73 of the Joint Committee of 12 December 1973 amending Protocol No 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation, and Decision No 3/73 of the Joint Committee laying down methods of administrative cooperation in the customs field

31 . 12.73                           Official Journal of the European Communities                      No L 365 / 135
                                REGULATION (EEC) No 3600/73 OF THE COUNCIL
                                                  of 27 December 1973
             on the application of Decision No 10/73 of the EEC/Switzerland Joint Committee
             amending Protocol No 3 concerning the definition of the concept of 'originating products'
             and methods of administrative cooperation, and Decision No 3/73 of the Joint Committee
                       laying down methods of administrative cooperation in the customs field
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                      methods of administrative cooperation in the customs
                                                                field on 12 December 1973 ;
Having regard to the Treaty establishing the
European Economic Community, and in particular                  Whereas it is necessary to apply this Decision in the
Article 113 thereof;                                            Community as from 1 January 1974,
                                                                HAS ADOPTED THIS REGULATION :
 Having regard to the proposal from the Commission ;
                                                                                      Article 1
Whereas an Agreement ( 1 ) between the European
Economic Community and the Swiss Confederation
was signed on 22 July 1972, and entered into force              For the purpose of implementing the Agreement
on 1 January 1973 ;                                             between the European Economic Community and the
                                                                Swiss Confederation, Decision No 10/73 of the Joint
                                                                Committee of 12 December 1973 shall apply in the
Whereas pursuant to Article 28 of Protocol No 3                 Community.
concerning the definition of the concept of
'originating products' and methods of administrative
cooperation, which is an integral part of the                                         Article 2
Agreement, the Joint Committee adopted Decision
No 10/73 amending the said Protocol and Decision                This Regulation shall enter into force on 1 January
No 3 /73 of the Joint Committee laying down                     1974 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 27 December 1973 .
                                                                                 For the Council
                                                                                  The President
                                                                                 Ove GULDBERG
(x) OJ No L 300, 31 . 12. 1972, p. 189.
 ---documentbreak--- No L 365 / 136                      Official Journal of the European Communities                              31 . 12 . 73
                                DECISION No 10/73 OF THE JOINT COMMITTEE
                                                 of 12 December 1973
              amending Protocol No 3 concerning the definition of the concept of 'originating
              products' and methods of administrative cooperation, and Decision No 3/73 of the Joint
              Committee laying down methods of administrative cooperation in the customs field
THE JOINT COMMITTEE ,                                              Community or into Switzerland, benefit from the
                                                                   Agreement upon submission of an EUR.l
                                                                   movement certificate, a specimen of which is
 Having regard to the Agreement between the                        given in Annex V to this Protocol, issued by the
European Economic Community and the Swiss                          Customs authorities of Switzerland or of the
 Confederation, signed in Brussels on 22 July 1972 ;               Member States of the Community.
Having regard to Protocol No 3 concerning the                     2. Where Article 2, and where appropriate,
definition of the concept of 'originating products' and           Article 3 are applied, the certificates shall be
methods of administrative cooperation and in                       issued by the Customs authorities of each of the
particular Article 28 thereof;                                     countries concerned where the goods have either
                                                                  been held before their re-exportation in the same
                                                                  state or undergone the working or processing
Whereas the specimen A.CH.l movement certificate                  referred to in Article 2, upon presentation of the
given in Annex V to Protocol No 3 should be                        movement certificates issued previously.
replaced by certificate EUR.l in order to enable the
latter certificate to be used under the Agreements
referred to in Article 2 of Protocol No 3 ;                       3 . Without prejudice to Article 5 (3 ), where, at
                                                                  the request of the person declaring the goods at
                                                                   customs a dismantled or non-assembled article
Whereas the procedure for issuing the movement                    falling within Chapter 84 or 85 of the Brussels
certificate in respect of a complete article imported in          Nomenclature is imported by instalments on the
separate instalments should be laid down ;                         conditions laid down by the competent
                                                                   authorities, it shall be considered to be a single
                                                                  article and a movement certificate may be
Whereas experience has shown the need to simplify                 submitted for the whole article upon importation
procedures for issuing movement certificates relating             of the first instalment.
either to goods which have remained in the territory
of the countries concerned but have not been placed
in a customs bonded warehouse and which are to be                 4.     The    Customs    authorities   of Switzerland
re-exported in the same state, or to originating                   and of the Member States of the Community shall
products within the meaning of Article 2 and, where               be authorized to issue the movement certificates
appropriate, Article 3 of Protocol No 3 ;                         specified in the agreements referred to in Article 2
                                                                  under     the   conditions   laid    down  in    those
                                                                  agreements provided that the goods covered by
Whereas certain other provisions of Protocol No 3                 the certificates are in the territory of Switzerland
and of Decision No 3 /73 of the Joint Committee                   or of the Community. A specimen of the
laying down methods of administrative cooperation                 certificate to be used is given in Annex V to this
in the customs field should be amended to take                    Protocol .'
account of this Decision,
                                                                                       Article 2
HAS DECIDED :
                                                              Article 9 of Protocol No 3 is replaced by the
                                                              following :
                        Article 1
                                                                  'A movement certificate shall be issued only on
Article 8 of Protocol No 3 is replaced by the                     application having been made in writing by the
following :                                                       exporter. Such application shall be made on the
                                                                  form of which a specimen is given in Annex V to
    '1.    Originating products within the meaning of             this Protocol, which shall be completed in
    this   Protocol shall, on import into the                     accordance with this Protocol .'
 ---pagebreak--- 31 . 12 . 73                          Official Journal of the European Communities                           No L 365 / 137
                          Article 3                                                       Article 7
1.      Article 10 (2) of Protocol No 3 is deleted.              Explanatory Note 7, Article 8 of Annex I to Protocol
                                                                 No 3 is deleted .
2.      Article 10 (3 ) of Protocol No 3 which becomes
Article 10 (2 ) is replaced by the following :
     '2.     Applications for movement certificates and
                                                                                          Article 8
     the certificates referred to in Article 8 (2), upon
     presentation of which new certificates are issued,
     must be preserved for at least two years by the             The second sentence of Explanatory Note 8 , Article
     Customs authorities of the exporting country.'              10 of Annex I to Protocol No 3 is deleted .
                          Article 4
                                                                                          Article 9
Article 11 (3 ) of Protocol No 3 is replaced by the
following :                                                      Article 1 of Decision No 3 /73 is deleted .
     '3 . Movement certificates shall be preserved by
     the Customs authorities of the importing State in
     accordance with the rules in force in that State .'
                                                                                          Article 10
                                                                 The second subparagraph of Article 2 ( 1 ) of Decision
                           Article 5                             No 3 /73 is deleted .
The first and second paragraphs of Article 12 of
Protocol No 3 are replaced by the following :
                                                                                          Article 11
     'Movement certificates shall be made out on the
     form of which a specimen is given in Annex V to
     this Protocol . This form shall be printed in one or        The initials A.CH.l in Articles 4 and 5 of Decision
     more of the languages in which this Agreement is            No 3 /73 and the initials A.W.I in Article 6 and in
     drawn up . Certificates shall be made out in one of         Article 8 (2) of that Decision are replaced by EUR.l .
     these languages and in accordance with the
     provisions of the domestic law of the exporting
     State ; if they are handwritten, they shall be
     completed in ink in printscript.
                                                                                          Article 12
     Each certificate shall measure 210 X 297 mm, a
     tolerance of up to 5 mm less and 8 mm more                  Article 8 ( 1 ) of Decision No 3 /73 is deleted.
     being permissible as regards length . The paper
     used must be white-sized writing paper not
     containing mechanical pulp and weighing not less
     than 25 g/m2 . It shall have a printed green
                                                                                          Article 13
     guilloche pattern background making any
     falsification by mechanical or chemical means
     apparent to the eye.'                                       1.    The specimen movement certificate in Annex V
                                                                 to Protocol No 3 is replaced by that in the Annex to
                                                                 this Decision .
                           Article 6
                                                                 2.    Annex VI to Protocol No 3 is deleted .
Article 20 of Protocol No 3 is replaced by the
following :                                                      3.    Movement certificates made out on the forms
                                                                 previously in force, whether of the A.CH.l or of the
     'The Explanatory Notes, Lists A, B and C and                A.W.I type, may continue to be used until stocks are
     the specimen movement certificate shall form an             used up, under the conditions laid down by this
     integral part of this Protocol.'                            Decision .
 ---pagebreak--- No L 365 / 138                    Official Journal of the European Communities                    31 . 12 . 73
             Done at Brussels, 12 December 1973
                                                                          For the Joint Committee
                                                                               The Chairman
                                                                             R. de KERGORLAY
                      The Secretaries
             S. MEILI      A. SLINGERLAND
 ---pagebreak---                                                                       ANNEX
                                                             MOVEMENT CERTIFICATE
                 1 . Exporter (Name, full address, country)                                 EUFL1                  no A 000.000
                                                                                           See notes overleaf before completing this form
                                                                             2. Certificate used in preferential trade between
                 3 . Consignee (Name, full address, country)
                 (Optional )
                                                                                                                 and
                                                                                  (insert appropriate countries, groups of countries or territories)
                                                                                4. Country, group of                 5 . Country, group of
                                                                                   countries or territory                countries or territory
                                                                                   of exportation                        of destination
                 6. Transport details (Optional)                             7. Remarks
 x) If goods     8. Item number ; marks and numbers ; Number and kind of packages (*) ;                        9 . Gross              10 . Invoices
    are not
    packed , in­     Description of goods                                                                          weight (kg)             ( Optional)
    dicate                                                                                                         or other mea­
    number of                                                                                                      sure (litres ,
    articles or
    state 'in                                                                                                      m3, etc.)
    bulk' as
    appropri­
    ate .
                  11 . CUSTOMS ENDORSEMENT                                                     12. DECLARATION BY THE EXPORTER
                 Declaration certified                                                         I, the undersigned, declare that the goods
(2) Complete     Export document (2)                                     Stamp                 described     above      meet the conditions          re­
    only where                                                                                 quired for the issue of the attached certificate.
    the regu­    Form                                  No
    lations of
    the expor­   Customs office
    ting coun­
    try or ter­
                 Issuing country or territory                                                  Place and date
    ritory re­
    quire.
                 Date
                                        (Signature)                                                                   (Signature)
 ---pagebreak---     13 . REQUEST FOR VERIFICATION, to                               14. RESULT OF VERIFICATION,
                                                                   Verification carried out shows that this certificate (x)
                                                                  j!      i1 was     issued by the Customs Office indicated and that
                                                                               the information contained therein is accurate.
                                                                   1      i    does not meet the requirements as to authenticity
                                                                   i—ί         and accuracy (see remarks appended).
    Verification of the authenticity and accuracy of this certi­
    ficate is requested.
                               (Place and date)                                                     (Place and date)
                                                        Stamp                                                                Stamp
                      ( Signature)                                                         ( Signature)
                                                                     (*) Insert X in the appropriate box.
                                                              NOTES
1 . Certificates must not contain erasures or words written over one another. Any alterations must be made by deleting the
     incorrect particulars and adding any necessary corrections. Any such alteration must be initialled by the person who
     completed the certificate and endorsed by the Customs authorities of the issuing country or territory.
2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A
     horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner
     as to make any later additions impossible.
3 . Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified.
 ---pagebreak---                                                    APPLICATION FOR A MOVEMENT CERTIFICATE
                1 « Exporter (Name, full address, country)                                EUR . 1                No A 000.000
                                                                                         See notes overleaf before completing this form
                                                                           2. Application for a certificate to be used in preferential
                                                                              trade between
                3 . Consignee (Name, full address, country)
                    ( Optional)
                                                                                                               and
                                                                                (insert appropriate countries, groups of countries or territories)
                                                                              4. Country, group of                 5. Country, group of
                                                                                 countries or territory                countries or territory
                                                                                 of exportation                        of destination
                6. Transport details ( Optional)                           7. Remarks
ix) If goods    8. Item number ; marks and numbers ; Number and kind of packages i1)                             Gross              10 . Invoices
    are not
    packed, in­     Description of goods                                                                        weight (kg)              (Optional)
    dicate                                                                                                       or other mea­
    number of                                                                                                    sure (litres,
    articles or
    state 'in                                                                                                    m3, etc.)
    bulk' as
    appropri­
    ate.
                                                                                            12 . DECLARATION BY THE EXPORTER
                                                                                            I, the undersigned, declare that the goods
                                                                                            described     above      meet the      conditions re­
                                                                                            quired for the issue of the attached certificate.
                                                                                            Place and date
                                                                                                                    (Signature)
 ---pagebreak---                                                   DECLARATION BY THE EXPORTER
I, the undersigned, exporter of the goods described overleaf,
DECLARE that the goods meet the conditions required for the issue of the attached certificate ;
SPECIFY as follows the circumstances which have enabled these goods to meet the above conditions :
SUBMIT the following supporting documents (1) :
UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which these authorities may
               require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspection
               of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said
               authorities ;
REQUEST the issue of the attached certificate for these goods.
                                                                                                           (Place and date)
                                                                                                              (Signature)
i1) For example : import documents, movement certificates , invoices , manufacturer's declarations, etc., referring to the products used in manufacture or to
    the goods re-exported in the same state.