CELEX: 21973D1217(08)
Language: en
Date: 1973-11-26 00:00:00
Title: Decision No 9/73 of the EEC-Switzerland 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

17. 12. 73                          Official Journal of the European Communities                               No L 347/37
                                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 ,                                             in Switzerland or in the latter two countries and
                                                                  covered by Article 3 ( 1 ) of the Agreement:
Having regard to the Agreement between the Euro­                  ( a) products which meet the conditions of this
pean Economic Community and the Swiss Confede­                            Protocol and for which a movement certifi­
ration signed in Brussels on 22 July 1972 ;                               cate has been issued indicating that they have
                                                                          acquired the status of originating products
Having regard to Protocol No 3 concerning the de­                         and have undergone any additional proces­
finition of the concept of 'originating products ' and                    sing solely in Switzerland or in the two coun­
methods of administrative cooperation ( hereafter re­                     tries referred to above or in the other five
ferred to as 'Protocol No 3 ') and in particular Ar­                      countries specified in Article 2 of this Pro­
ticle 28 thereof;                                                         tocol ;
Whereas Decision No 6/73 of the Joint Committee                    ( b ) products other than products of Chapters 50
of 30 January 1973 amended Article 25 ( 1 ) of Proto­                     to 62, which meet the conditions of this Pro­
col No 3 to avoid, to the detriment of originating                        tocol and for which a movement certificate
products within the meaning of the Agreement of                           has been issued indicating :
22 July 1972, distortions of sources of supply which
could arise until customs duties are abolished between
                                                                           1 . that they have been obtained by the pro­
the Community as originally constituted and Ireland                            cessing of goods which, upon export from
on the one hand, and Switzerland on the other ;                                the Community as originally constituted
whereas that Decision has consequently amended Ar­                             or from Ireland, had already acquired there
ticles 23 and 24;                                                              the status of originating products ;
Whereas taking account of the emergence of further                        2. and that the added value acquired in
risks of distortion of sources of supply, new amend­                           Switzerland or in the two countries re­
ments should be made to Article 25 ( 1 ) of Protocol                           ferred to above or in the other five coun­
No 3 ,                                                                         tries specified in Article 2 of this Protocol
                                                                               represents 50% or more of the value of
 HAS DECIDED :                                                                 those products ;
                                                                    ( c) products listed in column 2 below which meet
                          Article 1
                                                                           the conditions of this Protocol and for which
                                                                        ■ a movement certificate has been issued indi­
 The text of Article 25 ( 1 ) of Protocol No 3 is repla­                   cating that they have been obtained by the
 ced 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
     import into Switzerland or Denmark or the Uni­                        already acquired there the status of origina­
     ted Kingdom, from the tariff provisions in force                      ting products.
 ---pagebreak--- No L 347/38                          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-           73.18          Tubes and pipes and blanks therefor, of
                   rolled 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, cables , 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 goods 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 product
 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 347/39
                             Column 1                                                            Column 2
                           Products used                                                    Products obtained
 9.      ex Chapters Woven fabric, not embroidered, provided        ex 62.02           The following products embroidered : table
             50 to 59 that the value of the woven fabric does                           linen, curtains, table runners , chair­
                      not exceed 50% of the value of the                                backs ; armrests and      cushion    covers
                      finished good                                                     (excluding bed linen) and furnishing
                                                                                        articles for churches and similar places of
                                                                                        worship
10.      ex Chapters Trimmings and accessories (excluding           All goods 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
                                                                    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 62
                       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),         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 347/40                         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 347/41
                                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
                                                                                     coats
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 Protocol's 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 shall be replaced by the following text :
                     '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 of the one
                     part, and Switzerland of 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 30 January 1973 .
                 Done at Brussels, 20 August 1973 .
                                                                                 For the Joint Committee
                                                                                      The Chairman
                                                                                      P. H. WURTH
                                  The Secretaries
                 F. BLANKART               A. SLINGERLAND