CELEX: 21988D0808(02)
Language: en
Date: 1988-01-20 00:00:00
Title: Decision No 1/88 of the EEC-Switzerland Joint Committee of 20 January 1988 amending Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation

No L 216 /72                         Official Journal of the European Communities                                    8 . 8 . 88
                        DECISION No 1/88 OF THE EEC-SWITZERLAND JOINT COMMITTEE
                                                        of 20 January 1988
                     amending Protocol 3 concerning the definition of the concept of 'originating products' ,
                                            and methods of administrative cooperation
     THE JOINT COMMITTEE,                                             Whereas it is therefore appropriate for the proper func­
                                                                      tioning of the Agreement to incorporate in a single text
                                                                      all the provisions in question with a view to facilitating
                                                                      the work of users and customs administrations,
     Having regard to the Agreement between the European
    Economic Community and the Swiss Confederation,
    signed in Brussels on 22 July 1972,
                                                                      HAS DECIDED AS FOLLOWS :
    Having regard to Protocol 3 concerning the definition of
    the concept of 'originating products' and methods af
    administrative cooperation, and in particular Article 28                                    Article 1
    thereof,
                                                                      The text of Protocol 3 as amended and supplemented by
                                                                      Decisions No 2/85, No 1 /86, No 2/86, No 3/86, No
                                                                      1 /87, No 2/87 and No 3/87 is hereby replaced by the
    Whereas the origin rules contained in Protocol 3 are             text annexed to this Decision.
    based on the use of the Customs Cooperation Council
    Nomenclature ; whereas the Customs Cooperation
    Council approved the 'International Convention on the
   Harmonized Commodity Description and Coding                                                  Article 2
   System (hereinafter referred to as the harmonized
   system) on 14 June 1983 ; whereas it is the intention that,       1 . Products which were exported before 1 January
   as from 1 January 1988, the harmonized system will                1988, accompanied by an EUR. 1 certificate, form
   replace the current nomenclature for the purposes of              EUR. 2 or by an invoice containing the exporter's
   international trade; whereas it is therefore necessary to         declaration as provided for in Annex V to Protocol 3,
   adopt the rules of origin contained in Protocol 3 so that         shall be considered as originating under the rules in force
   they are based on the use of the harmonized system;               on 1 January 1988 .
  Whereas, in the light of experience, the presentation of                  EUR. 1 certificates, forms EUR. 2 or the invoices
  the origin rules could be improved by grouping all the            containing the exporter's declaration as provided for in
  exceptions to the basic change of heading rule into one           Annex V to Protocol 3, issued or made out before 1
  list and by providing detailed guidance on how it should          January 1988 under the rules in force before that date
 be interpreted ;                                                   shall be accepted up to and including 30 April 1988
                                                                    according to the rules in force when they were issued.
 Whereas it is necessary to amend Articles 2, 5 and 6 and           Forms EUR. 2 fulfilling the conditions set out in Articles
 the explanatory notes in Annex I as a consequence of the           8 ( 1) (b) and 14 of Protocol 3 to the Agreement between
 adoption of a single list;
                                                                   the European Economic Community and the Swiss
                                                                   Confederation in force on 30 June 1987, including forms
                                                                   EUR. 2 carrying the entry 'EFTA-SPAIN-TRADE' used
Whereas, for the purposes of implementing the                      in the framework of direct trade between Spain and
Agreement, the rules of origin laid down, as regards               Switzerland or one of the five other countries mentioned
both the conditions under which products acquire the               in Article 2 of Protocol 3, may continue to be completed
status of originating products and proof of such status            and accepted up to and including 30 June 1988.
and the detailed rules for verifying it in accordance with
the said Protocol, have been amended by a number of
EEC-Switzerland Joint Committee Decisions ; whereas               3.      LT certificates issued before 1 January 1988, under
other Decisions of the said EEC-Switzerland Joint                 the rules applicable before that date, shall be accepted
Committee have introduced certain procedures                      within their period of validity where this expires on or
simplifying implementation of that Protocol;                      after 1 January 1988 .
 ---pagebreak--- 8 . 8 . 88                            Official Journal of the European Communities                            No L 216/73
Invoices made out on or after 1 January 1988 referring                                   Article 3
to an LT certificate, issued before 1 January 1988 , shall
be accepted within the four months following the expiry          This Decision shall apply from 1 January 1988.
date of the LT certficate given on these invoices.
                                                                 Done at Brussels, 20 January 1988 .
4. The provisions of Article 9 (5) and (6) of Protocol
3 shall also apply in the cases of goods exported before 1                                      For the Joint Committee
January 1988 and retrospective or duplicate EUR. 1                                                     The President
certificates may be issued under the rules in force before
that date.                                                                                         B. de TSCHARNER
 ---documentbreak---                                                                                                               8 . 8 . 88
No L 216 /74                         Official Journal of the European Communities
            Joint Declaration concerning the review of the changes to the origin rules as a result of the
                                         introduction of the harmonized system
            Where, following the amendments made to the Nomenclature, the new rules introduced by
            Decision Nt> 1 /88 alter the substance of any rule existing prior to Decision No 1 /88, and it
            appears that such alteration results in a situation prejudicial to the interest of the sectors
            concerned, then, if one of the contracting parties so requests in the period up to and including
            31 December 1990, an examination shall be made as a matter of urgency by the Joint
            Committee, of the need to restore the substance of the rule concerned as it was before
            Decision No 1 / 88 .
            In any case the Joint Committee shall decide to restore, or not to restore, the sustance of the
            rule concerned within a period of three months of the request being made to it by either of the
            parties to the Agreement.
             If the substance of the rule concerned is restored, then the parties to the Agreement shall also
             provide the legal framework necessary to ensure that any customs duties paid on the products
             concerned imported after 1 January 1988 can be reimbursed.