CELEX: 21976D1126(01)
Language: en
Date: 1976-08-18 00:00:00
Title: Decision No 2/76 of the EEC-Austria Joint Committee supplementing and amending Lists A and B annexed to Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation and the list contained in Article 25 of that Protocol

No L 328/2                           Official Journal of the European Communities                               26. 11 . 76
                                                         ANNEX
                                DECISION No 2/76 OF THE JOINT COMMITTEE
                supplementing and amending Lists A and B annexed to Protocol 3 concerning the
                definition of the concept of 'originating products' and methods of administrative
                          cooperation and the list contained in Article 25 of that Protocol
 THE JOINT COMMITTEE ,                                          ex   28.29   Lithium fluoride,
                                                                ex   28.30   Lithium chloride,
 Having regard to the Agreement between the                     ex   28.33   Bromides,
 European Economic Community and the Republic                   ex   28.42   Lithium carbonate,
 of Austria, signed in Brussels on 22 July 1972,                ex   29.02   Organic bromides,
                                                                ex   29.02   Trichloridi ( chloro-phenyl ) ethane,
 Having regard to Protocol 3 concerning the definition          ex   29.35   Pyridine ; alphapicoline ; betapicoline ;
 of the concept of 'originating products' and                                gammapicoline,
methods of administrative cooperation (hereinafter
                                                                ex 29.35     Vinylpyridine,
referred to as 'Protocol 3 '), and in particular
Article 28 thereof,                                             ex 29.38     Nicotinic acid,
                                                                ex 98.15     Vacuum flasks and other vacuum vessels.
 Whereas experience gained since the entry into force
 of the Agreement shows that the rules of origin                                        Article 2
Laid down for certain products in Protocol 3 must
be adapted to take account of developments in the                1 . In List B annexed to Protocol 3 the rules set
manufacturing techniques for those products and in              out in Annex II to this Decision shall be inserted in
international economic conditions of trade therein ;
whereas the amendment of the tariff classification              the appropriate place as determined by the numerical
                                                                order of the tariff headings.
of non-crystallizable sorbitol must also be taken into
account ;
                                                                2. In the said List B the rule relating to heading
                                                                No ex 84.41 shall be replaced by the rules set out in
Whereas certain of these rules of origin should                 Annex III to this Decision .
therefore be supplemented and amended,
                                                                                        Article 3
HAS DECIDED AS FOLLOWS :
                                                                1 . In the list set out in Article 25 of Protocol 3 ,
                                                                as amended by Decision No 9/73 of the Joint Com­
                                                                mittee, rule No 1 shall be replaced by the rule set
                                                                out in Annex IV to this Decision .
                         Article 1
                                                                2. The rule set out in Annex V to this Decision
1 . In List A annexed to Protocol 3 the rules relating          shall be added to the list set out in Article 25 of
to heading Nos ex 38.19, 40.05, 59.11 , ex Chapter 84           Protocol 3, as amended by Decision No 9/73 of the
and heading No ex 84.41 shall be replaced by those              Joint Committee.
set out in Annex I to this Decision .
2. In the said List A the headings listed below and             Done at Brussels, 18 August 1976.
the corresponding rules shall be deleted :
                                                                                              For the Joint Committee
ex 28.13     Hydrobromic acid,
                                                                                                   The Chairman
    28.27    Lead oxides ; red lead and orange lead,
ex 28.28     Lithium hydroxide,                                                                  R. de KERGORLAY
 ---pagebreak---  26. 11 . 76                               Official Journal of the European Communities                                    No L 328/3
                                                                     ANNEX I
                                  Products obtained
                                                                             Working    or  processing     Working     or  processing
                                                                                                           that confers the status of
                                                                             that does not confer the
                                                                                                           originating products when
  Customs Tariff
                                              Description                      status of originating       the following conditions
    heading No                                                                       products                        are met
 ex 38.19             Chemical products and preparations of the                                        Manufacture in which the
                      chemical or allied industries (including those                                   value of the products used
                      consisting of mixtures of natural products), not                                 does not exceed 50 % of the
                      elsewhere specified or included ; residual pro­                                  value of the finished pro­
                      ducts of the chemical or allied industries , not                                 duct
                      elsewhere specified or included , excluding :
                     — Fusel oil and Dippel's oil ;
                     — Naphthenicacids and their non-water-soluble
                          salts; esters of naphthenic acids ;
                     — Sulphonaphthenic acids and their non-water­
                          soluble salts ; esters of sulphonaphthenic acids ;
                     — Petroleum sulphonates, excluding petroleum
                          sulphonates of alkali metals , of ammonium
                          or of ethanolamines, thiophenated sulphonic
                          acids   of oils obtained         from  bituminous
                          minerals and their salts ;
                     — Mixed alkylbenzenes               and   mixed  alkyl­
                          naphthalenes ;
                     — Ion exchangers ;
                     — Catalysts ;
                     — Getters for vacuum tubes ;
                     — Refractory cements or mortars and similar
                          preparations ;
                     — Alkaline iron oxide for the purification of gas ;
                     — Carbon (excluding that in artificial graphite
                          of heading No 38.01 ) of metallo-graphite or
                          other compounds, in the form of small plates,
                          bars or other semi-manufactures
                     — Sorbitol other than sorbitol of heading No
                          29.04
cx 38.19             Auxiliary products of a kind used in the textile,                                 Manufacture in which the
                     leather and paper industries (not elsewhere                                       value of the products used
                     specified or included); composite plasticizers,                                   does not exceed 60% of the
                     hardeners, and stabilizers for plastic materials                                  value of the finished pro­
                     and for products based on plastic materials (not                                  duct o
                     elsewhere specified or included )
(l) These provisions shall apply until 30 November 1977.
 ---pagebreak---   No L 328/4                                    Official Journal of the European Communities                                              26. 11 . 76
                                  Products obtained
                                                                                        Working    or processing     Working     or  processing
                                                                                                                     that confers the status of
                                                                                        that dóes not confer the
  Customs Tariff                                                                          status of originating      originating products when
    heading No                                  Description                                     products             the following conditions
                                                                                                                               are met
     40.05            Plates, sheets and strip of unvulcanized natural                                           Manufacture in which the
                      or synthetic rubber, other than smoked sheets                                              value of the products used,
                      and crepe sheets of heading No 40.01 or 40.02 ;                                            except that of natural rub­
                      granules of unvulcanized synthetic rubber                                                  ber, does not exceed 50%
                      compounded ready for vulcanization ; unvul­                                                of the value of the finished
                      canized natural or synthetic rubber, compounded                                            product
                      before or after coagulation either with carbon
                      black (with or without the addition of mineral
                      oil) or with silica (with or without the addition
                      of mineral oil), in any form, of a kind known
                      as masterbatch
 ex 59.11             Rubberized textile fabrics , other than rubberized                                         Manufacture from yarn
                      knitted or crocheted goods, with the exception
                      of those consisting of fabric of continuous
                      synthetic textile fibres or of fabric composed of
                      parallel yarns of continuous synthetic textile
                      fibres, impregnated or covered with rubber latex,
                      containing at least 90% by weight of textile
                      materials and used for the manufacture of tyres
                      or for other technical uses
ex 59.11             Rubberized textile fabrics, other than rubberized                                           Manufacture from chemical
                     knitted or crocheted goods, consisting of fabric                                            products
                     of continuous synthetic textile fibres or of fabric
                     composed of parallel* yarns of continuous syn­
                     thetic textile fibres, impregnated or covered with
                     rubber latex, containing at least 90 % by weight
                     of textile materials and used for the manufacture
                     of tyres or for other technical uses
ex Chapter 84        Boilers, machinery and mechanical appliances                                                Working, processing or as­
                     and parts thereof, excluding refrigerators and                                              sembly in which the value
                     refrigerating equipment (electrical and other)                                              of the materials and parts
                     (No 84.15) and sewing machines (lockstitch only)                                            used does not exceed 40%
                     with heads of a weight not exceeding 16 kg                                                  of the value of the finished
                     without motor or 17 kg including the motor (ex                                              product i1)
                     84.41 )
(*) These provisions shall not apply to fuel elements of heading No ex 84.59 until 31 December 1984.
 ---pagebreak---  26. 11. 76                                 Official Journal of the European Communities                                                        No L 328/5
                                   Products obtained
                                                                                             'Working   or   processing        Working     or  processing
                                                                                                                              that confers the status of
                                                                                            that does nor confer the
  Customs Tariff                                                                               status of originating           originating products when
    heading No                                  Description                                                                   the following conditions
                                                                                                     products                            are met
ex 84.41               Sewing machines (lockstitch only) with heads                                                       Working, processing or as­
                       of a weight not exceeding 16 kg without motor                                                      sembly in which the value
                       or 17 kg including the motor                                                                       of the non-originating ma­
                                                                                                                          terials and parts used does
                                                                                                                          not exceed 40%             of the
                                                                                                                          value of the finished pro­
                                                                                                                          duct, and provided that :
                                                                                                                          — at least 50% by value
                                                                                                                              of    the    materials     and
                                                                                                                              parts {l) used for the
                                                                                                                              assembly of the head
                                                                                                                              ( motor excluded) are
                                                                                                                              originating products,
                                                                                                                          — and the thread tension ,
                                                                                                                              crochet and zigzag me­
                                                                                                                              chanisms are originating
                                                                                                                              products
(l) In determining the value of products, materials and parts, the following must be taken into account :
    (a) in respect of originating products, materials and parts, the first verifiable price paid, or the price which would be paid in case of sale, for the said
        products on the territory of the country where working, processing or assembly is carried out ;
    (b) in respect of other products, materials and parts, the provisions of Article 6 of this Protocol determining :
        — the value of imported products.
        — the value of products of undetermined origin .
 ---pagebreak---  No L 328/6                                        Official Journal of the European Communities                                                        26. 11 . 76
                                                                             ANNEX II
                                        Finished products
                                                                                                         Working or processing that confers the status of
    Customs Tariff                                                                                                     originating products
      heading No                                      Description
 ex 25.19                    Natural magnesium carbonate (magnesite),                                 Crushing and putting into hermetically sealed
                             whether or not calcined, other than magnesium                            containers of natural magnesium carbonate
                             oxide, crushed and put into hermetically sealed                           (magnesite), whether or not calcined, other than
                             containers                                                               magnesium oxide
 ex 25.24                    Natural asbestos fibres                                                  Treatment of asbestos concentrate
ex 25.26                     Milled and homogenized mica waste                                        Milling and homogenizing mica waste
ex 47.01                     Sulphate pulp derived by mechanical or chemical                          Manufacture from unbleached sulphate pulp
                             means from any fibrous vegetable material,                               derived by mechanical or chemical means from
                             bleached                                                                 any fibrous vegetable material, provided that
                                                                                                      the value of the non-originating products used
                                                                                                      does not exceed 60 % of the value of the finished
                                                                                                      product
ex 73.29                     Skid chains                                                              Working or processing in which the value of the
                                                                                                      non-originating products used does not exceed
                                                                                                      50% of the value of the finished product
ex 97.06                     Golf club heads , of wood or other materials                             Manufacture from roughly shaped blocks
                                                                            ANNEX III
                                        Finished products
                                                                                                         Working or processing that confers the status of
   Customs Tariff                                                                                                     originating products
     heading No                                       Description
ex 84.41                     Sewing machines, including furniture specially                           Working, processing or assembly in which the
                             designed for sewing machines with the exception                          value of the non-originating materials and parts
                             of sewing machines (lockstitch only) with heads                          used does not exceed 40% of the value of the
                             of a weight not exceeding 16 kg without motor or                         finished product
                             17 kg including the motor
ex 84.41                     Sewing machines (lockstitch only) with heads of                         Working, processing or assembly in which the
                             a weight not exceeding 16 kg without motor or                           value of the non-originating materials and parts
                             17 kg including the motor                                               used does not exceed 40% of the value of the
                                                                                                     finished product, and provided that :
                                                                                                     — at least 50% by value of the materials and
                                                                                                          parts i1) used for assembly of the head (motor
                                                                                                          excluded) are originating products,
                                                                                                     — and the thread tension, crochet and zigzag
                                                                                                          mechanisms are originating products
(*) In determining the value of materials and parts, the following must be taken into account :
    (a) in respect of originating materials and parts, the first verifiable price paid, or the price which would be paid in case of sale, for the said products on
         the territory of the country where working, processing or assembly is carried out ;
    (b ) in respect of other materials and parts, the provisions of Article 6 of this Protocol determining :
         — the value of imported products,
         — the value of products of undetermined origin.
 ---pagebreak--- 26. 11 . 76                           Official Journal of the European Communities                           No L 328/ 7
                                                       ANNEX IV
                             Column 1                                             Column 2
                           Products used                                      Products obtained
            1 , ex 11.08 Starches, obtained from                  35.05 Dextrins and dextrin glues ; soluble
                           maize, potatoes, wheat,                       or roasted starches ; starch glues
                           manioc (tapioca ) or sago
                                                       ANNEX V
                             Column 1                                             Column 2
                           Products used                                     Products obtained
            25. ex 29.14 Vinyl acetate monomer                    ex 39.02 Polyvinyl acetate
                Any product other than or not contain­
                ing a product obtained by polymeriz­
                ation of the monomer