CELEX: 21975D1231(09)
Language: en
Date: 1975-12-02 00:00:00
Title: Decision 1/75 of the EEC-Portugal Joint Committee of 2 December 1975 amending Article 23 of Protocol 3 concerning the definition of the concept of "originating products" and methods of administrative cooperation

No L 338 /50                         Official Journal of the European Communities                               31 . 12. 75
                                   DECISION 1/75 OF THE JOINT COMMITTEE
                                                   of 2 December 1975
              amending Article 23 of Protocol 3 concerning the definition of the concept of 'originating
                                 products' and methods of administrative cooperation
THE JOINT COMMITTEE,                                            "Whereas in practice it is a result of these provisions
                                                                that the benefit of drawback of customs duty or
                                                                exemption from customs duty of whatever kind, is
                                                                prohibited for products originating in the Community
Having regard to the Agreement between the                       as originally constituted or in Ireland which are
European Economic Community and the Republic                    used in the manufacture of products which may
of Portugal, signed in Brussels on 22 July 1972;                 benefit from the tariff system resulting from
                                                                 Article 3 ( 1 ) of the Agreement ;
Having regard to Protocol 3 concerning the
definition of the concept of 'originating products'              Whereas this prohibition must continue for as long
and methods of administrative cooperation (herein­               as the tariff system resulting from Article 3 ( 1 ) of
after referred to as 'Protocol 3 '), and in particular           the Agreement is not identical to that resulting from
Article 28 thereof;                                              Article 3 (2) thereof;
Whereas the present provisions of Article 23 ( 1 ) of            Whereas, however, for the majority of the products
Protocol 3 , suspended until 31 December 1975 by                 concerned, this prohibition will continue only until
Joint Committee Decision 4/74 of 2 December 1974,                30 June 1977 ; whereas it is appropriate in a desire
stipulate that the prohibition on the benefit of                 for simplification, to lay down the same date for all
drawback of customs duty or exemption from                       the products in question,
customs duty of whatever kind, for non-originating
products used in the manufacture of originating
products, applies as from the date when the duty
applicable to originating products of the same kind              HAS DECIDED AS FOLLOWS :
as the products used was, in the Community or in
Portugal, reduced to 40% of the basic duty;                                                Article 1
Whereas the reference to a certain level of tariff               The text of Article 23          of Protocol 3   shall be
dismantling in order to determine the date of                    replaced by the following:
application of these provisions is likely to entail
practical difficulties, in particular because of the                 'Article 23
differences in tariff systems applicable both to the
finished products and to the originating products of                 1 . Without prejudice to the provisions of Article
the same kind as the products used ;                                 1 of Protocol 2, products of the kind to which
                                                                     the Agreement applies, . which are used in the
Whereas it is consequently appropriate to provide                    manufacture of products for which a movement
                                                                     certificate EUR.1 or a form EUR.2 is issued or
for a uniform date of application for the whole of
                                                                     completed, can only      be the subject of drawback
the products concerned; whereas that date may be
the date of the entry into force of this Decision ;                  of customs duty or       benefit from an exemption
                                                                     from customs duty         of whatever kind when
                                                                     products originating    in the Community, Portugal
Whereas, in addition, the present provisions of                      or one of the six countries referred to in Article 2
                                                                     of this Protocol are concerned.
Article 23 (2) and (3 ), stipulate that, for the
 application of the tariff system in force by virtue
of Article 3 ( 1 ) of the Agreement, in trade between                2. Without prejudice to the provisions of
the former EFTA countries, only those products                       Article 1 of Protocol 2, products originating
 referred to in Article 25 ( 1 ) of Protocol 3 may benefit           in the Community as originally constituted or in
 from drawback of customs duty of whatever kind ;                    Ireland which are used in the manufacture of
 ---pagebreak--- 31 . 12. 75                        Official Journal of the European Communities                        No L 338/51
     products obtained in accordance with the                                       Article 2
     conditions laid down in Article 25(1 ) may not
                                                              This Decision shall enter into force on 1 January
     be the subject, in the State where such                  1976.
     manufacture took place, of drawback of customs
     duty or benefit from an exemption of customs
     duty of whatever kind until 30 June 1977.                Done at Brussels, 2 December 1975.
                                                                                       For the Joint Committee
     3. In this and the following Articles, the term                                         The President
     "customs duty" also means charges having an
     equivalent effect to customs duty.'                                                  R. de KERGORLAY