CELEX: 51974PC1302
Language: en
Date: 1974-09-10
Title: DRAFT OF DECISION OF THE JOINT COMMITTEE modifying 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 fixing the methods of administrative cooperation in the customs field#DRAFT OF DECISION OF THE JOINT COMMITTEE concerning Protocol No 3 concerning the definition of the concept of "originating products" and methods of administrative cooperation (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1302
Vol. 1974/0225
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(74)1302 final
                                                         Brussels . 10 September 1974
                                     DRAFT OF
                         DECISION OF THE JOINT COMMITTEE
               modifying 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 fixing
                 the methods of administrative cooperation in
                                the customs field
                                     DRAFT OF
                         DECISION OF THE JOINT COMMITTEE
               concerning Protocol No 3 concerning the definition
              of the concept of " originating products" and methods
                           of administrative cooperation
                   ( submitted to the Council by the Commission )
COM(74) 1302 final
 ---pagebreak---           COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
      When at the end of 1973 » the first set of simplification measures
to the Customs procedures laid down in the third Protocols annexed to
the Agreements between the EEC and the EFTA countries were prepared , a
certain number of problems were left in suspense because there was no
unanimous agreement and were thus not included in the supplementary
provisions contained in Decision No 10/73 of the Joint Committee intro­
ducing the first measures of simplification .
      The object of the two draft decisions of the Joint Committee
EEC-Austria which are annexed is to remedy this situation in intro­
ducing the solution to the problems left in suspense .
      The first draft decision envisages three simplifications . The first
consists of deleting the present requirement of mentioning on the EUR.l
movement certificate the country of origin of the goods in applying
Articles 2 and 3 of Protocol No 3 > when the country is the same one that
has issued the certificate . The second is intended to raise the value
limits under which a small consignment addressed to a private individual
and personal luggage of travellers do not have to be covered by a EUR.l
movement certificate or a form EUR . 2 in order to obtain preferential
treatment . Lastly the third consists of doing away with the obligation
to indicate on a certificate covering goods re-exported in the same state
the country where the original certificate was issued .
      The other draft decision , which replaces the present Decision
No *f/73 introduces three essential modifications to the possibilities
of employing a form EUR . 2 . In effect , it is intended on the one hand
 ---pagebreak---  to raise the value limit under which the form EUR. 2 can be used from
 1000 UC to 1500 UC per consignment , and on the other hand to extend the
 use of the form EUR. 2 to all types of transport and no longer to restrict
 it to postal traffic . The third modification envisages the possibility
 of consignments containing a mixture of originating and non originating
products .
      All these modifications have already been widely and lengthily
discussed , both with the Customs experts in the Community and with
those of the EFTA countries in the Customs Committees . Faced with the
impossibility of obtaining an unanimous agreement , and taking account
of that , notwithstanding this lack of unanimity , the majority of countries
concerned , both in EFTA and the Community , have pronounced themselves
in favour of a simplification of this kind , the Commission feels that
it does not make sense to delay the presentation of these propositions
to the Council .
      The positions of the Customs experts of the Member States ( at their
level ) at the time of the last technical examination of these two draft
decisions as well as those of the Commission are as follows :
   First Draft Décision
   A. Problem of the deletion of the need to indicate the country of
       origin in certain cases (Article 1 of the draft )
            The German delegation has reserved its position on the
       proposed new paragraph 2 of Article 8 of Decision No 3/73 of the
       Joint Committee , as set out in the first Article of the draft ,
       feeling that the cases envisaged in that paragraph are in fact
       marginal ones .
            The Belgian and Italian delegations have expressed their view
       that this new provision would render impossible any distinction at
 ---pagebreak---                                 3
   importation between products originating on the basis of Article 1
   of Protocol No 3 and the products originating on the basis of
   Article 3 of Protocol No 3 »
         The Commission feels that this is an important simplification
   to which the EFTA countries assign considerable value . As far as
   the Belgian and Italian observations are concerned the Commission is
   not convinced of the practical value of being able to distinguish
   between the two kinds of originating products , as in all cases
   they are subject to the same regime .
                                      t
                >
         The Freiich delegation has suggested moreover , when the new
   paragraph 2 of Article 8 of Decision No 3/73 is applied the placing
   of a crossing out in box No 7 of the certificate when it will not
   be used . This concerns a provision which has already been introduced
   in a general fashion in the notes on the back of the EUR . movement
   certificate and the Commission feels that it could be enough , to      '
   cater for this difficulty , to provide for a declaration in the records
   of the meeting of the Joint Committee when this decision is adopted ,
   stating that
       " In each case where one ot more boxes of the EUR.l movement
         certificate or form EUR . 2 are not used , this box or these
         boxes must be crossed out in such a manner to make it impossible
         to add anything at a later stage ."
B. Problem of raising the value limits applicable to small consignments
   and personal luggage (Article 2 of the draft )
         Only the Belgian delegation is opposed to the raising of the
   limit v feeling that it is more than a normal adjustment . The Commission
   feels the rise envisaged is justified , bearing in mind the changes
   in economic and monetary conditions since the institution of this limit .
                                                                /
 ---pagebreak---                                  - if -
     C. Problem of the deletion of the obligation to indicate the country
        who issued the original certificate in the case of re-export in t ' ■
        same state
                           >
              Some delegations felt that this was a useful indication .
        The Commission feels that this indication which is of little
        practical use can be easily dispensed with .
XI . Second Draft Decision :   Draft concerning the EUR . 2 forms
          The French and Belgian delegations are opposed , on a technical
     level , to the Commission draft , feeling that , on the one hand , the
     rise in the value limit governing the use of the EUR . 2 form is not
     justified and , on the other hand , that its extension to other forms
     of transport in making more general the EUR . 2 procedure would achieve
     the opposite to the goal intended , that is that it would lead to a
     Complication rather than a simplification , notably that it might
     lead to permanent arguments between the users and the administrations .
     These delegations equally feel that the proposal envisaged does not
     contain the same guarantees as are present with postal traffic by
     reason of the controls to which the packages are submitted , notably
     concerning weight and volume .
          The Italian delegation has reserved its position for the moment
     but has expressed a negative expedition in the same sense as the French
     and Belgian delegations .
            The Commssion feels that thexaising of the value limit envisaged
     is amply justified and constitutes a minimum , bearing in mind the
     changes in economic and monetary conditions since its introduction .
     The Commission feels , additionally , that the new provision does not
     lead in every case to the use of the form EuR.2 and that the guarantees
     offered by the private companies concerned are not , taking into account
     their administrative structure , much inferior to those offered by the
     postal administrations .
                                                                • /• • •
 ---pagebreak---                                  - 5 -
           Concerning the draft form annexed to the decision , the Irish
    delegation has presented a proposal intended to include on the
    form information :'.c6ncerning the criteria of origin used . The
    majority of; the delegations do not agree with this suggestion
    and the Commission does not agree with this view , because this
    supplementary information would risk making the form , on a formal
    basis , oi^e which does not agree with the Geneva lay-out key and
    fundamentally might lead to complications at its issue and control .
           It should be noted , however , that this form has-been simpli-
                                                             i
    fied compared with the former version , insofar as it no longer
    consists of two pages ; in practice both were used whereas one was
    suff i cient .
     This is the state of play concerning these two draft decisions
which are proposed to the Council for adoption as the common position
of the Community for the Joint Committees instituted for the various
EEC-EFTA Agreements . The annexed drafts are for the EEC-Austria Agreement
and constitute models for use in identical form for the other Agreements .
 ---pagebreak---      J2E0-AUSTRIA AORMMENT. ,r
     - JOINT COMMITTEE -             '
                                                   Draft
                               DECISION           " OF THE JOINT COKMITTEE
                       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 fixing
                             the methods of administrative cooperation
                                           in the customs field
THE JOINT COKMITTEE ,                                    • •         •   •
Having regard to the Agreement between the European Economic Community
                                                                 *
and the Republic of Austria , signed in Brussels on 22 July 1972 ;
Having regard to Protocpl No 3 concerning the definition of the concept
of " originating products" and methods of. administrative cooperation ( here­
inafter referred to as "Protocol No 3")» and in particular Article 28
thereof ;                                                          '          '
Whereas experience has shown that it is necessary to simplify the procedures
for the issue of movement certificates                     " T Ti          to raise - the value limits
laid down in Article 1 ^ of Protocol No 3i                             •        '
HAS DECIDED AS FOLLOWS I                 '
                                              Article 1
      Article 8 of iJeoision No 3/73 of the Joint Committee is replaoed by the
 following t   " ' .- V - r.    -f '   ■
                                             "Article 8
            For the purpose of implementing Artioles 2 and 3 of Protoool No 3 ,
 ---pagebreak---     JEUR . 1 movement . certificates . must indicate^ without prejudice t 0 "the
     application of paragraph 2 below , the country in which the goods are
      considered to originate .
2. .          If the information specified in paragraph 1 is not entered in the space
     No 7 marked "Remarks", the certificate shall "be regarded as covering products'
     originating in the country issuing it ."\ ' '            -   •
                                        Article 2
         Paragraphs 1 and 2 of Artiole 14 of Protoool' No 3 are replaoed by the
     following »
                                         "Article l*f
 1.'           The Community and Austria shall admit goods sent as small packages
       to private persons or forming part of travellers' personal luggage as
       originating products benefiting from the Agreement without requiring the
       production of a movement certificate EUR.l or the completion of a form
       EUR . 2 provided that such goods are not imported by way of trade and have
       been declared as meeting the conditions required for the application of
       these provisions , and where there is no doubt as to the veracity of such
       declaration .
 2.            Importations which are occasional and consist solely of goods
       for the personal use of the recipients or travellers or their families
       shall not be considered as importations by way of trade if it is evident .
       from the nature and quantity of the goods that no commercial purpose is ,
       in view . Furthermore , the total value of these goods must not exceed
       100 units of account in the case of small packages or 300 units of
       account in the case of the contents of travellers 1 personal luggage .
 ---pagebreak--- Note 8 referring to Artide 10 in Annex I to Protocol No 3 is deleted .
                                         Done at Brussels ,
                                         For the Joint Committee ,
                                         The Chairman,
       The Seoretaries
 ---pagebreak---  EEC-AUSTRIA' AGREMENT
 - JOINT COMMITTEE -
                     DECISION            OF THE JOINT COMMITTEE
              relating to Protocol No 3 concerning the definition
                  of the concept of " originating products " and
                     methods of administrative cooperation
  THE JOINT COMMITTEE ,
                             «
  Having regard to the Agreement betv/een the European Economic Community
  and the Republic of Austria , signed in Brussels on 22 July 1972 ;
  Having regard to Protocol., No 3 concerning the definition of the concept
  of " originating products " and methods of administrative cooperation
  ( hereinafter referred to as "Protocol No 3n )» and in particular Article
  thereof ;
. Whereas it is necessary to . extent to other modes of transport the measures
  adopted under Deoision No 4/73 of the Joint Committee and to raise the value
  limit of one thousand units of acoount laid down in that Decision;      *   %
 HAS DECIDED A3 FOLLOWS 1 •
                         • i ;
                                  Article 1
 1.        Originating produots ooming within the definitions laid down in
     Protocol No 3 shall , provided that their value does not exceed one thousand
     five hundred units of account per consignment , be admitted for importation
     into the Community or Austria vuider the terms of the Agreement on presentar-
     tion of a form EUH.2 corresponding to the specimen set out in the Annex to
     this Decision .
 ---pagebreak---                                            - 2 -
2.           One form EUB.2 shall be used for each consignment . Each consign­
      ment may also contain non-originating products . In such cases , the
   . provisions of       'i' paragraph 1 shall apply only to that part of the con-    '
     signment which consists of originating products .
2>.          The unit of account ( UA ) has a value of 0.88867088 gr . of fine
      gold . Should the unit of account be changed , the Contracting Parties
      shall make contact with each other at Joint Committee level for the
      purpose of re-defining , the value in terms of gold.
                                       Article 2
             Form EUR . 2 shall be completed by the exporter . It shall be made out
     in one of the languages in which the Agreement is drawn up and in accordance
     with the provisions of the domestic law of the exporting State . If it is
     handwritten it must be completed in ink and in block letters . Form EtfH. 2
     shall be measure 210 x 148 mm. The paper used shall be white paper dressed for .
     writing not containing mechanical pulp and weighing not less-than Sk g/m .
              The Member States of the Community and Austria may reserve the
     right to print the forms themselves or may have them printed by printers
     they have approved . In the latter case each certificate must include a
     reference to such approval . In addition , itomustrbear the distinctive
     sign attributed to the approvedvprinter and' a serial number .
                                      Article 3
           In order to ensure proper application of this Decision , the Member
    States of the Community and Austria shall assist each other , through
    their respective Customs administrations , for the purpose of checking
    the authenticity and accuracy of exporters' declarations made on forms
    EÏÏR.2 .
 ---pagebreak---                                   - 3 -
                                Article
       Penalties shall be imposed on any person who completes a form
or causes a form to be completed which contains inaccurate information
for the purpose of enabling goods to benefit from preferential treat­
ment .
                                Article 5
       Forms A. OS . 2 , based on the specimen annexed to Protocol No 3
of the Interim Agreement between the European Economic Community
and the Republic of Austria signed on 22 July 1972 , and
forms EUR . 2 based on the specimen annexed to Decision No k/73 °£ the
Joint Committee , may continue to be used under the conditions laid down
 in this Decision, until stooks have been exhausted.
                                Article 6
       Decision No 4/73 of the Joint Committee is repealed .
                                Article 7
1.         The text of paragraph 1 of Article 18 of Joint Committee
    Decision No 3/73 is replaced by ! the following :
       "        Under the responsibility of the exporter , he or his
         authorized representative shall complete and sign form EUR. 2,
        a sDeoimen of which     is annexed to Joint Committee Decision No
                If the goods contained in the oonsignmeht have already been
         subject to verification in the exporting country by reference
         to the definition of the concept of originating products , the
         exporter may refer to this check in space No . 6 marked. "Remarks" on form
        EUR . 2 . »
 ---pagebreak---                                     -M -
2.      Paragraph " 2 of Article 18 of Joint Committee Decision
   No 3/73 is repealed#
                                Article 8
                                '
                                  2 of Article 19 of Joint Committee Decision
No 3/73 is replaced by the following :
   "2.       For the purpose of implementing the provisions of "
       paragraph 1 , the Customs authorities of the importing State
       shall return         movement certificate EUR.l or        form EUR . 2
       or a photocopy ' thereof to the Customs authorities of the
       exporting State , giving where appropriate the reasons of
       form or substance for an inquiry .              The invoice ,
       if    submitted , or a copy thereof , shall be attached to the
       form EUR . 2 , or to the photocopy thereof and the Customs autho­
       rities shall forward any information that has been obtained
       suggesting that the particulars given on the said certificate
       or on the said form are inaccurate ."
                                                Done at Brussels ,
                          ;
                                                For the Joint Committee ,
                                                The Chairman
          The Secretaries
 ---pagebreak---                                            5 -                                                             ,
                                                                                              ANNEX
       ( front )
         FORM EUR.2 No A OOOOOO              1, 1 .    FORM USED IN PREFERENTIAL TRADE
                                                       iietween                                  anH
 2 . EXPORTER ( name , full address ,,        3 . DECLARATION BY THE EXPORTER
                    country )                        I , the undersigned , exporter of the
                                                     goods described below
                                                  - DECLARE that they fulfil the neces-
                                                    * sajry conditions for the completion
 ^ . CONSIGNEE ( name , full addresfe               – evidence
                                                        UNDf.RTAKPto        submitauthorities
                                                                   which these      t?i Ihe appropriate
                                                                                                may req ^"1h"^j' Vbvo""Krcc them 'T "any |I v
                      country )                     - . inspection
                                                        processes ofby mjnuf.icture
                                                                        tl.cn, ol myofaccounts
                                                                                          tile goodsan,Jdescribed
                                                                                                          any ■^ ckbelobv ■
                                               5 . " PLACÉ 'AND DATE
  6 . REMARKS ( 1 )                             7. SIGNATURE OF EXPORTER
                                                8                                               *• ffiWW DEST1"
                                                                                               10. GkUSS WE1GHT                         ~~
Tl. MARKS AND NUMBERS OF PACKAGES AND IJESCRIPj- 12. AUTHORITIES IN THE EXPORT­
         TION OF GOODS     '*                                                ING COUNTRY RESPONSIBLE FOR
                                                                             VERIFICATION OF THE DECLA­
                                                                             RATION BY THE EXPORTER
                                      t
    ( 1 ) ( Refer to any verification already carried out by the appropr a e
            authorities .
    ( 2) The expression "country of destination" includes a group of countries
            and a single "territory *
 ---pagebreak---                                                                  - 6 -
              ( back )
                   REQUEST FOR VERIFICATION                                                RESULT OF VERIFICATION
The undersigned Customs officer requests that the declaration by  Verification carried out by the undersigned Customs officer
the exporter on the front of this form be verified            /   shows that :
                                                                 nthc              statements
                                                                             accurate   ( ' );      and particulars, given in this form aie
                                                                  □ this     ticityform
                                                                                     and docs       not meet
                                                                                             accuracy           the requirements
                                                                                                         (see remarks    appended)as(' )to authen­
                       (Place and date of signature)                                           ( Place and d.nc of signature)
    Officiât                                                            Ofhcul
    stamp                                                                stainp
                                ( Signature of Customi • ofnccr)                                         (Signature of Cuvoms ofhcer)
                                                                  Ρ ) ΡΙ,ια: .»η χ \νΗοπ: ,ιρρΙιοΜο
             INSTRUCTIONS FOB THE COMPLETION OF FORM EUR . 2
            A. A form EUR . 2 may be made out only for goods which in the exporting
                  country fulfil the conditions specified by the provisions governing
                 ■trade of the type referred to in space No 1 on the form.
                 These provisions must be studied carefully before the form is
                  completed .
           B. In the case of postal despatches ( including parcels ), the exporter
                  must
                  1 . give either on the green label CI or on customs deolaration C2/CP3 ,
                      the referenoe "EUR. 2" followed by the serial number of the fona;_
                 2 . where the goods are sent by paroel post , attaoh the form to the despatoh
                      note , - orwhere the goods axe sent by letter post , attaoh it firmly to the
                      package itself.