CELEX: 51989PC0362(02)
Language: en
Date: 1989-07-20
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE APPLICATION OF THE DECISION OF THE EEC - SYRIA COOPERATION COUNCIL AMENDING, ON ACCOUNT OF THE ACCESSION OF SPAIN AND PORTUGAL TO THE EUROPEAN COMMUNITIES, THE PROTOCOL CONCERNING THE DEFINITION OF THE CONCEPT OF " ORIGINATING PRODUCTS " AND METHODS OF ADMINISTRATIVE COOPERATION

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          C0MC89) 362 final
                                          Brussels, 20 July 1989
                               Proposal for a
                          COUNCIL REGULATION (EEC)
    on the application of the Decision of the EEC-Morocco Cooperation
   Council amending, on account of the accession of Spain and Portugal
   to the European Communities, the Protocol concerning the definition
         of the concept of "originating products" and methods of
                         administrative cooperation
                               Proposal for a
                          COUNCIL REGULATION (EEC)
     on the application of the Decision of the EEC-Syria Cooperation
   Council amending, on account of the accession of Spain and Portugal
   to the European Communities, the Protocol concerning the definition
          of the concept of "originating products" and methods of
                         administrative cooperation
                               Proposal for a
                          COUNCIL REGULATION (EEC)
  on the application of the Decision of the EEC-Israel Joint Committee
       amending, on account of the accession of Spain and Portugal
   to the European Communities, the Protocol concerning the definition
          of the concept of "originating products" and methods of
                         administrative cooperation
                       (presented by the Commission)
 ---pagebreak---                              Proposal for a
                    COUNCIL REGULATION (BEC)
           on the a p l i c a t i o n of the Decision of the
               EEC-Morocco Cooperation Council
amending, on account of the accession of Spain and Portugal
                 t o the European Cossranities,
   the Protocol concerning the d e f i n i t i o n of the concept of
riginating products" and Methods of administrative cooperation.
 ---pagebreak---                                 EXPLANATORY NOTE
This draft Decision modifies, following the Spanish and Portuguese accession to
the Community, the Protocol concerning the concept of originating products and
methods of administrative cooperation in respect of both technical amendments
and the provisions needed to correctly implement the trade regime contained in
the Protocol to the Agreement between the EEC and Morocco.
 ---pagebreak---                      Proposal for a Council Regulation (EEC)
                   on the application of Decision No
              of the EEC-Morocco Cooperation Council amending,
 on account of the accession of Spain and Portugal to the European Communities,
            the Protocol 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 113 thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 3189/88 of 14 October 1988 laid down from 1
November 1988 the arrangements for Spanish and Portuguese trade with Morocco
and Syria (1),
Whereas Decision 85/520/BCSC of the representatives of the Governments of the
Member States of the European Coal and Steel Community, meeting within the
Council, of 14 October 1988, laying down the arrangements for Spanish and
Portuguese trade with Morocco and Syria in products falling under the ECSC
Treaty and amending Decision 86/69/ECSC (2) sets out in Article 1 that Decision
87/456/ECSC applies to trade with Morocco and therefore the modifications of
the rules of origin following the accession of Spain and Portugal and
established by the Cooperation Council are applicable to the products indicated
in this Decision;
Whereas, by virtue of Article 28 of the Protocol concerning the definition of
the concept of      "originating products" and methods of        administrative
cooperation, the EEC-Morocco Cooperation Council has adopted Decision No.
          amending the Protocol to take account of the accession of Spain and
Portugal to the European Communities;
Whereas it is necessary to apply this Decision in the Community;
(1) OJ No L 287, 20.10.1988,p. 1
(1) OJ No L 287, 20.10.1988,p. 86
 ---pagebreak---                                      - 2 -
HAS ADOPTED THIS REGULATION  :
                                   Article   1
Decision No             of the EEC-Morocco Cooperation Council shall be applied
in the Community.
The text of the Decision is attached to this Regulation.
                                   Article   2
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Comjnynitie§,
It shall apply from 1 November 1988.
This Regulation shell be binding in its entirety and directly applicable in all
Member States.
Done at Brussels»
                                                    For the Council
                                                    The President
 ---pagebreak---                                      - 3 -
                                     Annex
                         Draft Decision No          /89
                of the EEC-Morocco Cooperation Council amending,
 on account of the accession of Spain and Portugal to the European Communities,
            the Protocol concerning the definition of the concept of
        "originating products" and methods of administrative cooperation
THE COOPERATION COUNCIL,
Having regard to the Agreement between the European Economic Community and the
Kingdom of Morocco (1), signed on 27 April 1976;
Having regard to the Protocol signed on 26 May 1988 consequent to the accession
of Spain and Portugal to the European Communities, and in particular Article 24
thereof,
Whereas the Protocol concerning the definition of the concept of "originating
products" and methods of administrative cooperation, hereinafter referred to 8S
the "Origin Protocol" (2), needs amending, consequent to the accession of Spain
and Portugal to the European Communities, in respect of both technical
amendments and transitional arrangements in order to implement correctly the
trade arrangements contained in the Protocols consequent to the said accession;
Whereas the transitional arrangements should ensure the correct implementation
of these trade arrangements between the Community ss constituted on 31 December
1985 and Spain and Portugal on the one hand and Morocco on the other hand,
HAS DECIDED AS FOLLOWS :
(1) 03 No. L 264, 27.9.1978, p. 2
(2) OJ No. L 264, 27.9.1978, p. 38
 ---pagebreak---                                                  - 4 -
                                               Article 1
The provisions of the Origin Protocol                 indicated below shalL be amended as
follows :
1)  The second         paragraph         of  Article  19   (2) shall  be  replaced by the
    foliowiny :
      "EUR.l certificates issued retrosp ectively must be endorsed with one of
       the following phrases :
           "DELIVRE A POSTERIORI"
           "UUSTEUr EFTERFOLGENDE"
           " N A C H T K K G L I C H AUSGESTELLT"
           •EKA06EN EK TON YTTEPQN'
           "ISSUED RETROSPECTIVELY"
           "EXPEpIDO A POSTERIORI"
           "RILASCIATO A POSTERIORI"
           "AFGEGEVEN A POSTERIORI"
           "EMITIUO A POSTERIOR"
2)  Article 20 shall be repLaced by the following :
           "Article            20
       In the event of the theft, loss or destruction of an E0R.1 certificate,
       the exporter may apply to the customs authorities which issued it for a
       duplicate to be made out on the basis of the export documents in their
       possession. The duplicate issued in this way must be endorsed with one
       of tne following words :
           "DUPLICATA"
           "DUPLICAAT"
           "DUPL1KAT"
            •ANTirPAOO»
           "DUPLICADU"
           "DUPLICATO"
           "DUPLICATE"
            •SEGUNDA VIA*
 ---pagebreak---                                     - 5 -
3) Article 33 shall be replaced by the following :
     "Article 33
      The provisions of the Agreement may be applied to goods which comply
      with the provisions of Title I and which on 1 November 1988 are either
      in transit or are in the Community, in the areas with special customs
      and tax arrangements covered by Protocol 2 to the Act of Accession to
      the European Communities of Spain and Portugual, or in Morocco, in
      temporary storage, in bonded warehouses or in free zones, subject to the
      submission to the customs authorities of the importing State within six
      months of that date of an EUR. 1 certificate made out retrospectively by
      the competent authorities of the exporting State together with the
      documents showing that the goods have been transported directly".
4) The following articles shall be inserted in the Origin Protocol :
     "Article 35
      For the application of the provisions of the Additional Protocol
      concerning products originating in the areas with special customs and
      tax arrangements covered by Protocol 2 to the Act of Accession to the
      European Communities of Spain and Portugal, this Protocol shall apply
      mutatis mutandis subject to the particular conditions set out in
      Articles 36 to 38".
     "Article 36
      The term "Community" used in this Protocol shall not cover the areas
      referred to in Article 35.      The term "products originating in the
      Community" shall not cover products originating in these areas.
     "Article 37
      1. The following paragraphs shall apply instead of Article 1 and
          references to that Article shall apply mutatis mutandis to this
          Article.
 ---pagebreak---                                - 6 -
 2. On condition that they were transported in conformity with Article
    5, the following shall be considered as :
    a) products originating in the areas referred to in Article 35
        i)   products wholly obtained in these areas;
        ii)  products obtained in these areas, in the manufacture of
             which products other than those referred to in (i) are used,
             provided that the said products have undergone sufficient
             working or processing within the meaning of Article 3.
    b) products originating in Morocco
        i)   products wholly obtained in Morocco;
        ii)  products obtained in Morocco in the manufacture of which
             products other than those referred to in ( i) are used,
             provided that the said products have undergone sufficient
             working or processing within the meaning of Article 3.
3.  For the purpose of implementing paragraph 2(a)(1), where products
    wholly obtained in Morocco, Algeria, Tunisia or in the Community
    undergo working or processing in the areas referred to in Article
    3 5, they shall be considered as having been wholly obtained in these
    areas •
    For the purpose of implementing paragraph 2(a)(ii), working or
    processing carried out in Morocco, Algeria, Tunisia, or in the
    Community,    shall be considered as having been carried out in the
    zones referred to in Article 35 when the products obtained are
    subsequently worked or processed in these areas.
    This paragraph shall apply subject to the condition that the
    products concerned are transported in conformity with Article 5.
                                                                          (\
 ---pagebreak---                                  - 7 -
4* For the purposes of implementing the first indent of paragraph 2 (b)
   (i), where products wholly obtained in Algeria, Tunisia, the Community
   or in the areas referred to in Article 35 undergo working or processing
   in Morocco, they shall be considered as having been wholly obtained in
   Morocco.
   For the purposes of implementing paragraph 2 (b) (ii), working or
   processing carried out in Algeria, Tunisia, the Community or in the
   area referred to in Article 35 shall be considered as having been
   carried out in Morocco.
   This paragraph shall apply subject to the condition that the products
   concerned are transported in conformity with Article 5.
5. In derogation from paragraph 2, where, pursuant to the provisions of the
   above paragraphs and provided that all the conditions laid down in those
   paragraphs are fulfilled, the originating products are obtained in two
   or more of the States referred to in these provisions or in the
   Community or in the areas referred to in Article 35, they shall be
   considered as products originating in one of those States or in the
   Community or in those areas/ according to where the last working or
   processing took place.     For this purpose the working or processing
   referred to in Article 3(3) shall not be considered as working or
   processing.
6. The areas referred to in Article 35 shall be considered as a single
   territory.
                                                                            È *\
 ---pagebreak---                                        - 8 -
         7. The exporter    or   his   authorized   representative   shall  enter
            "Morocco" and "Areas referred to in Protocol No. 2f 1985 Act of
            Accession" in box 2 of certificate EUR. 1 and box 1 of form EUR. 2.
            In addition, in the case of products originating in the zones
            referred to in Article 35, this shall be indicated in box 4 of
            certificate EUR.1 and box 8 of form EUR.2.
         8. The products in Annex II shall be temporarily excluded from the
            scope of this Protocol. Nevertheless, the arrangements regarding
            administrative cooperation shall apply mutatis mutandis to these
            products".
       "Article 38
        The Spanish customs authorities shall be responsible for the
        application of this Protocol in the zones referred to in Article 35."
                                     Article  2
This Decision shall enter into force on 1 November 1988.
Done at,
                                                  For the Cooperation Council
                                                        The Chairman
                                                                                  j i
 ---pagebreak---                           Proposai for a
                     COUNCIL REGULATION (EEC)
             on the apiication of the Decision of the
                  EEC-Syria Cooperation Council
   •mending, on account of the accession of Spain and Portugal
                   to the European Communities,
     the Protocol concerning the definition of the concept of
"originating products" and methods of administrative cooperation.
                                                                  jy
 ---pagebreak---                            EXPOSE DES MOTIFS
Le présent projet de Décision modifie, suite à l'adhésion de l'Espagne
et du Portugal aux Communautés Européennes, le Protocole relatif à la
définition de la notion de "produits originaires" et aux méthodes de
coopération administrative, tant du point de vue technique que du point
de vue des dispositions nécessaires pour assurer une bonne application
du régime commercial prévu par le Protocole à l'accord conclu par la CEE
avec la Syrie.
                                                                         JI7
 ---pagebreak---                        Proposal for a Council Regulation (BBC)
                     on the application of Decision so
                   of the EEC-Syria Cooperation Council amending,
 on account of the accession of Spain and Portugal to the European Communities,
              the Protocol concerning the definition of the concept of
         "originating products" and methods of administrative cooperation
TUB COUNCIL OP THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and
in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 3189/88 of 14 October 1988 laid down from 1
November 1988 the arrangements for Spanish and Portuguese trade with Morocco
and Syria (1),
Whereas Decision 85/520/ECSC of the representatives of the Governments of the
Member states of the European Coal and Steel Community, meeting within the
Council, of 14 October 1988, laying down the arrangements for Spanish and
Portuguese trade with Morocco and Syria in products falling under the ECSC
Treaty and amending Decision 86/69/ECSC (2) sets out in Article 1 that Decision
87/456/ECSC applies to trade with Syria and therefore the modifications of the
rules of origin following the accession of Spain and Portugal and established
by the Cooperation Council are applicable to the products indicated in this
Decision;
Whereas, by virtue of Article 25 of the Protocol concerning the definition of
the concept of "originating products" and methods of administrative
cooperation, the EEC-Syria Cooperation Council has adopted Decision No.
       ••• amending the Protocol to take account of the accession of Spain and
Portugal to the European Communities;
Whereas it is necessary to apply this Decision in the Community;
(1) O J N O L 287, 20. 10.1988,p. 1
(1) OJ No L 287, 20.10.1988,p. 86
                                                                                ÀU
 ---pagebreak---                                        - 2 -
HAS ADOPTED THIS REGULATION 3
                                     Article  1
Decision No               of the EEC-Syria Cooperation Council shall be applied
in the Community.
The text of the Decision is attached to this Regulation.
                                     Article  2
This Regulation shall enter Into force on the day of its publication in the
Official «tournai pf the European, (tawwnitiea,
it shall apply from 1 November 1988.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,
                                                     For the Council
                                                     The President
 ---pagebreak---                                      - 3 -
                                     Annex
                         Draft Decision No          /89
                 of the EEC-Syria Cooperation Council amending,
 on account of the accession of Spain and Portugal to the European Communities,
            the Protocol concerning the definition of the concept of
        "originating products" and methods of administrative cooperation
THE COOPERATION COUNCIL,
Having regard to the Agreement between the European Economic Community and the
Syrian Republic (1), signed on 18 January 1977;
Having regard to the Protocol signed on 16 June 1988 consequent to the
accession of Spain and Portugal to the European Communities, and in particular
Article 24 thereof,
Whereas the Protocol concerning the definition of the concept of "originating
products" and methods of administrative cooperation, hereinafter referred to as
the "Origin Protocol" (2), needs amending, consequent to the secession of Spain
and Portugal to the European Communities, in respect of both technical
amendments and transitional arrangements in order to implement correctly the
trade arrangements contsined in the Protocols consequent to the said accession;
Whereas the transitional arrangements should ensure the correct implementation
of these trade arrangements between the Community as constituted on 31 December
1983 and Spain and Portugal on the one hand and Syria on the other hand,
HAS DECIDED AS FOLLOWS s
(1) 03 No. L 269, 27.9.1978, p. 2
(2) 0J No. L 269, 27.9.1978, p. 22
                                                                                CÀ&
 ---pagebreak---                                            - 4 -
                                       Article           1
The provisions of the Origin Protocol indicated below shall be amended as
follows :
1)  The second subparagraph    of     Article 19           (2) shall be replaced by the
    following :
      "EUK.l certificates issued retrospectively must be endorsed with one of
       the following phrases :
                                "DELIVRE A POSTERIORI"
                                "OUSTEDT EFTERFOLGENDE"
                                " N A C H T R A G L I C H AOSGESTELLT"
                                «EKAOeEN EK TON YTTEPQN*
                                "ISSUED RETRUSPECrIVELY"
                                "EXPEDIDO A POSTERIORI"
                                "RILASCIATQ A PpSTERiQlU"
                                "AFGEGEVEN A PUSTERIÛRI»
                                "EMITIDO A POSTERIOR"
2)  Article 20 shall be replaced by the following :
      "In the event of the theft, loss or destruction of an E0R.1 certificate,
      the exporter may apply to the customs authorities which issued it for s
      duplicate to be made out on the basis of the export documents in their
      possession. The duplicate issued in this way must be endorsed with one
      of the following words :
                                "DUPLICATA"
                                 "DUPLICAAT"
                                 "DUPLIKAT"
                                  •ANTirPAOO'
                                 "DUPLICADO"
                                 "DUPLICATO"
                                 "DUPLICATE"
                                  •SEGUNDA VIA*
                                                                                        iY
 ---pagebreak---                                     - 5 -
3) Article 29 shall be replaced by the following :
     "Article 29
      The provisions of the Agreement may be applied to goods which comply
      with the provisions of Title I and which on 1 November 1988 are either
      in transit or are in the Community, in the Canary Islands, Ceuta and
      Helilla or in Syria in temporary storage, in bonded warehouses or in
      free zones subject to the submission to the customs authorities of the
      importing State within six months of that date of an EUR.l certificate
      made out retrospectively by the competent authorities of the exporting
      State together with the documents showing that the goods have been
      transported directly".
4) The following articles shall be inserted in the Origin Protocol :
     "Article 31
      For the application of the provisions of the Additinal Protocol
      concerning products originating in the Canary Islands, Ceuta and
      Helilla, this Protocol shall apply mutatis mutandis subject to the
      particular conditions set out in Articles 32 to 34".
     "Article 32
      The term "Community" used in this Protocol shall not cover the Canary
      Islands, Ceuta and Helilla.     The term "products originating in the
      Community" shall not cover products originating in the Canary Islands,
      Ceuta and Melilla".
     "Article 33
      1. The following paragraphs shall apply instead of Article 1 and
          references to that Article shall apply mutatis mutandis to this
          Article.
                                                                             t
 ---pagebreak---                                  - 6 -
    2. On condition that they were transported         in  conformity   with
       Article 5/ the following shall be considered as :
       a) products originating in the Canary Islands/ Ceuta and Melilla
          i)   products wholly obtained in the Canary Islands/ Ceuta and
               Melilla;
          ii)  products obtained in the Canary Islands, Ceuta and Melilla
               in the manufacture of which products other than those
               referred to in (i) are used, provided that the said products
               have undergone sufficient working or processing within the
               meaning of Article 3 (1 ) • This condition shall not apply,
               however/ to products which, within the meaning of this
               Protocol, originate in Syria or the Community, provided they
               ondergo in the Canary islands, Ceuta or Melilla, working a
               processing which exceeds the insufficient working or
               processing set out in Article 3 (3).
       b) products originating in Syria
          i)   products wholly obtained in Syria;
          ii)  products obtained in Syria in the manufacture of which
               products other than those referred to in (i) are used,
               provided that the said products have undergone sufficient
               working or processing within the meaning of Article 3 ( 1 ).
               This condition shall not apply, however, to products which,
               within the meaning of this Protocol, originate in the Canary
               Islands, Ceuta or Melilla or the Community provided they
               undergo in Syria working or processing which exceeds the
               insufficient working or processing set out in Article 3 (3)•
3. Tne Canary Islands, Ceuta and Melilla shall be considered as a single
   territory.
                                                                             i A
 ---pagebreak---                                       - 7 -
        4. The exporter or      his   authorized   representative   shall  enter
           "Syria" and "Canary Islands, Ceuta and Melilla" in box 2 of
           certificate EUR.1 and box 1 of form BUR.2. In addition, in the case
           of products originating in the Canary Islands, Ceuta and Melilla,
           this shall be indicated in box 4 of certificate EUR.1 and box 8 of
           form EUR.2.
        5. The products in Annex II shall be temporarily excluded from the
           scope of this Protocol. Nevertheless, the arrangements regarding
           administrative cooperation shall apply mutatis mutandis to these
           products"•
       'Article 34
        The Spanish customs authorities shall be responsible for the
        application of this protocol in the Canary Islands, Ceuta and Melilla."
                                    Article  2
This Decision shall enter into force on 1 November 1988.
Done at,
                                                 For the Cooperation Council
                                                       The Chairman
                                                                                  9 rvw
                                                                                 .J
 ---pagebreak---                            Proposal for a
                     COUHCIL REGULATION (EEC)
             on the amplication of the Decision of the
                    EEC-Israel Joint Committee
   amending, on account of the accession of Spain and Portugal
                   to the European Communities,
     the Protocol concerning the definition of the concept of
'originating products" and methods of administrative coopération.
                                                                  5A
 ---pagebreak---                            EXPOSE DES MOTIFS
Le present projet de Décision modifie/ suite à l'adhésion de l'Espagne
et du Portugal aux Communautés Européennes/ le Protocole relatif à la
définition de la notion de "produits originaires" et aux méthodes de
coopération administrative/ tant du point de vue technique que du point
de vue des dispositions nécessaires pour assurer une bonne application
du régime commercial prévu par le Protocole à l'accord conclu par la CEE
avec Israël.
                                                                         1 Ci
 ---pagebreak---                      Proposal for a Council Regulation (EEC)
                   on the application of Decision No
                  of the EEC-Israel Joint Committee amending,
 on account of the accession of Spain and Portugal to the European Communities,
            the Protocol concerning the definition of the concept of
        "originating products" and methods of administrative cooperation
THE COUNCIL OF TOE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and
in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 4162/87 of 21 December 1987 laid down from
1 January 1988 the arrangements for Spanish and Portuguese trade with Israel
(1);
Whereas Decision 87/610/ECSC of the representatives of the Governments of the
Member States of the European Coal and Steel Community, meeting within the
Council, of 21 December 1987, laying down the arrangements for Spanish and
Portuguese trade with Israel in products falling under the ECSC Treaty and
amending Decisions 86/69/ECSC and 87/456/ECSC (2) sets out in Article 1 that
Decision 87/456/ECSC applies to trade with Israel and therefore the
modifications of the rules of origin following the accession of Spain and
Portugal and established by the Joint Committee Council are applicable to the
products indicated in this Decision;
Whereas, by virtue of Article 25 of the Protocol concerning the definition of
the concept of "originating products" and methods of administrative
cooperation, the EEC-Israel Joint Committee has adopted Decision No.
......... amending the Protocol to take account of the accession of Spain and
Portugal to the European Communities;
Whereas it is necessary to apply this Decision in the Community;
(1) OJ No L 396, 31.12.1987,p. 1
(2) OJ No L 396, 31.12.1987,p. 69
                                                                                a<L
 ---pagebreak---                                      - 2 -
HAS ADOPTED THIS REGULATION :
                                   Article  1
Decision No             of the EEC-Israel Joint Committee shall be applied in
the Community.
The text of the Decision is attached to this Regulation.
                                   Article  2
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities.
it shall apply from 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,
                                                    For the Council
                                                    The President
                                                                                q}\
 ---pagebreak---                                      - 3-
                                     Annex
                         Draft Decision No          /89
                  of the EEC-Israel Joint Committee amending,
 on account of the accession of Spain and Portugal to the European Communities,
            the Protocol concerning the definition of the concept of
        "originating products" and methods of administrative cooperation
THE COOPERATION COUNCIL,
Having regard to the Agreement between the European Economic Community end the
State f Israel (1), signed on 11 May 1975;
Having regard to the Protocol signed on 14 December 1987 consequent to the
accession of Spain and Portugal to the European Communities, and in particular
Article 30 thereof,
Whereas the Protocol concerning the definition of the concept of "originating
products" and methods of administrative cooperation, hereinafter referred to as
the "Origin Protocol" (2), as last amended by Decision No. 1/78 of the
EEC-Israel Joint Committee (3), needs amending, consequent to the accession of
Spain and Portugal to the European Communities, in respect of both technical
amendments and transitional arrangements in order to implement correctly the
trade arrangements contained in the Protocols consequent to the said accession;
Whereas the transitional arrangements should ensure the correct implementation
of these trade arrangements between the Community as constituted on 31 December
1985 and Spain and Portugal on the one hand snd Isrsel on the other hand,
HAS DECIDED AS FOLLOWS :
(1) 0J No. L 136, 28.5.1975, p. 3
(2) 0J No. L 136, 28.5.1975, p.126
(3) 0J No. L 80, 31.3.1979, p. 2                                                  ^
                                                                                0 ^
 ---pagebreak---                                                     - 4 -
                                                 Article      1
The provisions of the Origin Protocol indicated below shall be amended as
follows :
1)  The second subparagraph              of Article          19 (2) shall be replaced by the
    following :
      "EUR.l certificates issued retrospectively must be endorsed with one of
       the following phrases :
                                        "DELIVRE A POSTERIORI"
                                        "UDSTEDT EFTERFOLGENDE"
                                        "NACHTRAGLICH AUSGESTELLT"
                                        •EKAOOEN EK TON YXTEPQN*
                                        "ISSUED RETROSPECTIVELY"
                                        "EXPED1D0 A POSTERIORI"
                                        "R1LASCIAT0 A POSTERIORI"
                                        "AFGEGEVEN A POSTERIORI"
                                        "EMITIDO A POSTERIOR"
2)  Article 20 shall be replaced by the following :
      "In the event of the theft, loss or destruction of an EUR.l certificate,
      the exporter may apply to the customs authorities which issued it for s
      duplicate to be made out on the basis of the export documents in their
      possession. The duplicate issued in this way must be endorsed with one
      of the following words :
                                               "DUPLICATA"
                                               "DUPL1CAAT"
                                               "DUPL1KAT"
                                                •ANnrPAOO*
                                                "DUPLICADO"
                                                "DUPLICATO"
                                                "DUPLICATE"
                                                 •SEGUNDA VIA*
    The duplicate, on which the date of the original movement certificate must               yjQ
           ^ i . .««,J „ K « 1 1 «.~U<* - P P « « * ~ - *•»-
 ---pagebreak---                                     - 5 -
3) The following articles shsll be inserted in the Origin Protocol :
     "Article 31
      The provisions of the Agreement may be applied to goods which comply
      with the provisions of Title I end which on 1 Jsnuary 1988 are either in
      transit or are in the Community, in the Canary Islands, Ceuta and
      Mel illa or in Israel in temporary storage, in bonded warehouses or in
      free zones subject to the submission to the customs authorities of the
      importing State within six months of thst dste of an EUR.l certificate
      made out retrospectively by the competent authorities of the exporting
      State together with the documents showing that the goods have been
      transported directly".
     "Article 32
      For the application of the provisions of the Additional Protocol
      concerning products originating in the Canary Islands, Ceuta and
      Melilla, this Protocol shsll apply mutatis mutandis subject to the
      psrticular conditions set out in Articles 33 to 35".
     "Article 33
      The term "Community" used in this Protocol shsll not cover the Canary
      Islands, Ceuta and Melilla.     The term "products originating in the
      Community" shsll not cover products originating in the Canary Islands,
      Ceuta and Melilla".
     "Article 34
      1. The following paragraphs shsll apply instead of Article 1 and
           references to thst Article shsll apply mutatis mutandis to this
           Article.
                                                                               o\
 ---pagebreak---                                  - 6 -
    2. On condition that they were transported         in  conformity   with
       Article 5/ the following shall be consxdered as :
       a) products orxginating in the Canary Islands, Ceuta and Melilla
          x)   products wholly obtained in the Canary Islands, Ceuta and
               Melilla;
          xx)  products obtained in the Canary Islands, Ceuta and Melilla
               in the manufacture of which products other than those
               referred to in (1) are used, provided that the said products
               have undergone sufficient working or processing within the
               meaning of Article 3 ( 1 ) • This condition shall not apply,
               however, to products which, witnin the meaning of this
               Protocol, originate in Israel or the Community, provided
               they ondergo in the Canary Islands, Ceuta or Melilla,
               workxng a processing which exceeds the insufficient working
               or processing set out in Article 3 (3).
       b) products originating in Israel
          x)   products wholly obtained in Israel;
          xx)  products obtained In Israel in the manufacture of which
               products other than those referred to in (1) are used,
               provided that the said products have undergone sufficient
               working or processing within the meaning of Article 3 (1 ) •
               This condition shall not apply, however, to products which,
               within the meaning of this Protocol, originate in the Canary
               Islands, Ceuta or Melilla or the Community provided they
               undergo in Israel working or processing which exceeds the
               insufficient working or processing set out in Article 3 (3)•
3. The Canary Islands, Ceuta and Melilla shall be considered as a single
   territory.
 ---pagebreak---                                       - 7 -
        4. The exporter or      his   authorized   representative   shall enter
           "Israel" and "Canary Islands, Ceuta and Melilla" in box 2 of
           certxfxcate EUR.1 and box 1 of form EUR.2. In addition, in the case
           of products originating in the Canary Islands, Ceuta and Melilla,
           tnis shall be indicated in box 4 of certificate EUR. 1 and box 8 of
           form EUR.2.
        5. The products in Annex II shall be temporarily excluded from the
           scope of this Protocol. Nevertheless, the arrangements regarding
           admxnistrative cooperation shall apply mutatis mutandis to these
           products•"
       'Artxcle 35
        The Spanish customs authorities shall be responsible for the
        applxcatlon of this Protocol in the Canary Islands, Ceuta and Melilla•"
                                    Article  2
Thxs oecxsxon shall enter into force on 1 January 1988.
Done at,
                                                 For the Joint Committee
                                                       The Chairman
                                                                                &
 ---pagebreak---                                Fiche d'impact PME
Proposition de 3 règlements du Conseil concernant l'application des Décisions
des Conseils de Coopération CEE-Maroc et CEE-Syrie et du Conseil d'Association
CEE-Israël modifiant, en raison de l'adhésion de l'Espagne et du Portugal aux
Commmunautés européennes, le Protocole relatif à la définition de la notion de
produits originaires et aux méthodes de coopération admnistrative.
Ces propostions ne sont pas considérées présenter des effets négatifs pour les
petites et moyennes entreprises.
Le Task Force PME a approuvé cette position.
                                                                               xo
 ---pagebreak---  ---pagebreak---                                                                                 ISSN 0254-1475
COM(89) 362 final
DOCUMENTS
Proposals for
COUNCIL REGULATIONS (EEC)
— on the application of the Decision of the EEC-Morocco Cooperation Council amending,
   on account of the accession of Spain and Portugal to the European Communities, the
   Protocol concerning the definition of the concept of 'originating products' and
   methods of administrative cooperation
— on the application of the Decision of the EEC-Syria Cooperation Council amending, on
   account of the accession of Spain and Portugal to the European Communities, the
   Protocol concerning the definition of the concept of 'originating products' and
   methods of administrative cooperation
— on the application of the Decision of the EEC-Israel Joint Committee amending, on
   account of the accession of Spain and Portugal to the European Communities, the
   Protocol concerning the definition of the concept of 'originating products' and
   methods of administrative cooperation
(submitted to the Council by the Commission)
 11     02                                                                     20.7.1989
Catalogue number: CB-CO-89-333-EN-C
ISBN 92-77-52272-0
€
COMMISSION OF THE EUROPEAN COMMUNITIES
 ---pagebreak---                                                                                 ISSN 0254-1475
COM(89) 362 final
DOCUMENTS
Proposals for
COUNCIL REGULATIONS (EEC)
— on the application of the Decision of the EEC-Morocco Cooperation Council amending,
   on account of the accession of Spain and Portugal to the European Communities, the
   Protocol concerning the definition of the concept of 'originating products' and
   methods of administrative cooperation
— on the application of the Decision of the EEC-Syria Cooperation Council amending, on
   account of the accession of Spain and Portugal to the European Communities, the
   Protocol concerning the definition of the concept of 'originating products' and
   methods of administrative cooperation
— on the application of the Decision of the EEC-Israel Joint Committee amending, on
   account of the accession of Spain and Portugal to the European Communities, the
   Protocol concerning the definition of the concept of 'originating products' and
   methods of administrative cooperation
(submitted to the Council by the Commission)
 11     02                                                                    20.7.1989
Catalogue number: CB-CO-89-333-EN-C
ISBN 92-77-52272-0
€
COMMISSION OF THE EUROPEAN COMMUNITIES