CELEX: 
Language: en
Date: 1988-04-19 00:00:00
Title: Council Regulation (EEC) No 1009/88 of 21 March 1988 on the application of Decision No 3/87 of the EEC-Finland Joint Committee amending Protocol 3 with a view to determining the rules for the application of Decision No 3/86 in the case of Spain and the Canary Islands, Ceuta and Melilla #Decision No 3/87 of the EEC-Finland Joint Committee of 10 December 1987 amending Protocol 3 with a view to determining the rules for the application of Decision No 3/86 in the case of Spain and the Canary Islands, Ceuta and Melilla

No L 100/4                              Official Journal of the European Communities                               19 . 4. 88
                                      COUNCIL REGULATION (EEC) No 1009/88
                                                      of 21 March 1988
                on the application of Decision No 3/87 of the EEC-Finland Joint Committee
                amending Protocol 3 with a view to determining the rules for the application of
                 Decision No 3/86 in the case of Spain and the Canary Islands, Ceuta and Melilla
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European                                t
Economic Community,                                                                        Article 1
Whereas an Agreement between the European Economic                Decision No 3/87 of the EEC-Finland Joint Committee
Community and the Republic of Finland ('), was signed             shall apply in the Community.
on 5 October 1973 and entered into force on 1 January
1974 ;                                                            The text of the Decision is attached to this Regulation.
Whereas, by virtue of Article 28 of Protocol No 3
concerning the definition of the concept of 'originating                                   Article 2
products' and methods of administrative cooperation,
which forms an integral part of the above Agreement, the
Joint Committee has adopted Decision No 3/87                      This Regulation shall enter into force on the day of its
amending that Protocol ;                                          publication in the Official Journal of the European
                                                                   Communities.
Whereas it is necessary to , apply that Decision in the
Community,                                                         It shall apply with effect from 1 July 1987.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 21 March 1988 .
                                                                              For the Council
                                                                                The President
                                                                                 K. TÖPFER
 (») OJ No L 328, 28 . 11 . 1973, p. 2.
 ---documentbreak--- 19 . 4. 88                                  Official Journal " of the European Communities                               No L 100/5
                          DECISION No 3/87 OF THE EEC-FINLAND JOINT COMMITTEE
                                                          of 10 December 1987
                   amending Protocol 3 with a view to determining the rules for the application of
                    Decision No 3/86 in the case of Spain and the Canary Islands, Ceuta and Melilla
THE JOINT COMMITTEE,                                                       '6.    In the event of the theft, loss or destruction of an
                                                                           EUR. 1 certificate, the exporter may apply to the
Having regard to the Agreement between the European                        customs authorities which issued it for a duplicate to
Economic Community and the Republic of Finland,                            be made out on the basis of the export documents in
signed in Brussels on 5 October 1973,                                      their possession. The duplicate issued in this way must
                                                                           be endorsed with one of the following words : "dupli­
 Having regard to Protocol 3 concerning the definition of                  cata", "duplicaat", "Duplikat", "αντίγραφο", "dupli­
the concept of 'originating products' and methods of                       cado", "duplicato", "duplicate", "segunda via",
administrative cooperation, hereinafter referred to as                     "kaksoiskappale", "eftirrit".'
'Protocol 3', and in particular Article 28 thereof,
                                                                        5. Article 1 3 (7) shall be replaced by the following :
Whereas Protocol 3 was amended by Decision No 2/86 of
 the EEC-Finland Joint Committee of 9 June 1986 on                         '7. In the cases referred to in paragraph 6 (a), one of
 account of the accession of Spain and Portugal to the                     the following phrases shall be entered in box 7,
                                                                           "Remarks", of the EUR. 1 certificate "Procedure
•European Communities with a view to ensuring the
 correct implementation of the trade regime contained in                   simplifiée", "Forenklet procedure", "Vereinfachtes
 the Protocols consequent on the said accession ;                          Verfahren", " απγουστευμένη 8ia5iKaaia", "Simpli­
                                                                           fied procedure", "Procedimiento simplificado", "Proce­
                                                                           dura semplificata", "Vereenvoudigde procedure",
Whereas, in order to take account of the simplification of                 "Procedimento        simplificado",      "Yksinkertaistettu
 the documentation relating to evidence of origin intro­                   menettely", "Einföldud afgreidsla", "Forenklet prose­
 duced in Protocol 3 by Decision No 3/86 of the EEC-                       dyre", "Forenklad procedur".'
 Finland Joint Committee of 11 December 1986 amend­
 ments should be made to the provisions of Protocol 3
 relating to the accession of Spain and Portugal,                       6. The following paragraph shall be added to Article 24 :
                                                                           '6. (a) Paragraph 1 (a) shall apply mutatis mutandis to
                                                                                    the products covered by invoices made out in
                                                                                    Spain within the framework of Article 8 (1 ).
 HAS DECIDED AS FOLLOWS :
                                                                                (b) The provisions of paragraphs 2, 3 and 4 concer­
                                                                                    ning the use of the symbol "ES" shall apply
                                                                                    mutatis mutandis to the invoices made out
                             Article 1
                                                                                    within the framework of Article 8 (1 ).'
 Protocol 3 is hereby amended as follows :                              7. The following Articles shall be inserted :
 1 . In Articles 2 ( 1 ), 7, 9 (3) first subparagraph, and 26,              'Article 25
     'Portugal' shall be deleted.
                                                                            For the application of the provisions of the Additional
 2. In Articles 2 (1 ), 23 (1 ) and 27 (1 ) and (2), 'six countries'        Protocol concerning products originating in the
     shall be replaced by 'five countries'.                                 Canary Islands, Ceuta and Melilla, this Protocol shall
                                                                            apply mutatis mutandis subject to the particular
                                                                            conditions set out in Articles 25a to 25d.
 3. The third subparagraph of Article 9 (5) shall be
     replaced by the following :                                           Article 25a
     'EUR. 1 certificates issued retrospectively must be                   The term "Community" used in this Protocol does not
     endorsed with one of the following phrases : "délivré a
                                                                            cover the Canary Islands, Ceuta or Melilla. The term
     posteriori", "udstedt efterf0lgende", "nachträglich                    "products originating in the Community" does not
     ausgestellt", "εκδοθέν 8K των υστέρων", "issued                        cover products originating in the Canary Islands, Ceuta
     retrospectively", "expedido a posteriori", "rilasciato a               or Melilla.
     posteriori", "afgegeven a posteriori", "emitido a poste­
     riori", "annettu jälkikäteen", "utgefid eftir a," "utstedt              Article 25b
     senere", "utfärdat i efterhand"
                                                                            1.    The following paragraphs shall apply instead of
 4. The first subparagraph of Article 9 (6) shall be replaced               Articles 1 , 2 and 3 and references to those Articles
     by the following :                                                     shall apply mutatis mutandis to this Article.
 ---pagebreak--- No L 100/6                                Official journal of the European Communities                                   19, 4. 88
   2. The following shall be considered as : :                          forms EUR 2. In addition, in the case of products
                                                                        originating in the Canary Islands, Ceuta and Melilla,
   (a) products originating in the Canary Islands, Ceuta                this shall be indicated in box 4 of certificates EUR. 1
   and Melilla :
                                                                        and box 8 of forms EUR. 2.
        (i) products wholly obtained in the Canary Islands,             When invoices are made out in the Canary Islands,
             Ceuta and Melilla ;
                                                                        Ceuta or Melilla in the framework of the provisions of
       (ii) products obtained in the Canary Islands, Ceuta              Article 8 (1 ), the exporter or his authorized representa­
             and Melilla in the manufacture of which
                                                                        tive shall clearly indicate the products originating in
             products other than those referred to in (i) are           the Canary Islands, Ceuta or Melilla by means of the
             used, provided that the said products have                 symbol "CCM".
             undergone sufficient working or processing
             within the meaning of Article 5 (1 ). This condi­          5. The products in list C shall be temporarily
             tion shall not apply, however, to products                 excluded from the scope of this Protocol. Nevertheless,
             which, within the meaning of this Protocol,                the arrangements regarding administrative cooperation
              originate in Finland, Austria, Iceland, Norway,           shall apply mutatis mutandis to these products.
              Sweden or Switzerland or the Community                    Article 25c
              provided they undergo, in the Canary Islands,
              Ceuta or Melilla, working or processing which             The Spanish customs authorities shall be responsible
              exceeds the insufficient working or processing             for the application of this Protocol in the Canary
              set out in Article 5 (3).                                  Islands, Ceuta and Melilla.
                                                                          Article 25d
(b) products originating in Finland :
                                                                         Article 23 shall not apply to trade between the Canary
         (i) products wholly obtained in Finland ;                       Islands, Ceuta and Melilla, on the one hand, and
        (ii) products obtained in Finland in the manufac­                Finland on the other.'
             ture of which products other than those referred
             to in (i) are used, provided that the said products                                Article 2
             have undergone sufficient working or processing
             within the meaning of Article 5 (1 ). This condi­       This Decision shall enter into force on the day on which
             tion shall not apply, however to products which,        it is adopted.
             within the meaning of this Protocol, originate in
             the Canary Islands, Ceuta or Melilla, Austria,          It shall apply with effect from 1 July 1987.
             Iceland, Norway, Sweden or Switzerland or the           Article 24 (6), as it appears in Article 1 (6) of this Deci­
             Community provided they undergo working or              sion, shall apply until 31 December 1992.
             processing which exceeds the insufficient
             working or processing set out in Article 5 (3).
                                                                     Done at Brussels, 10 December 1987.
    3.      The Canary Islands, Ceuta and Melilla shall be
    considered as a single territory.
                                                                                                For the Joint Committee
    4.      The exporter or his authorized representative                                             The Chairman
    shall enter "Finland" and "Canary Islands, Ceuta and
    Melilla" in box 2 of certificates EUR. 1 and box 1 of                                             P. BENAVIDES