CELEX: 51977PC0415
Language: en
Date: 1977-09-15
Title: Drafts for a DECISION OF THE EEC-TURKEY ASSOCIATION COUNCIL - amending Decision No 5/72 on methods of administrative cooperation for implementation of Articles 2 and 3 of the Additional Protocol to the Ankara Agreement; - on the application of Article 3 of the Additional Protocol to the Ankara Agreement to goods obtained in the Member States of the Community; - amending Decision No 3/72 laying down the rules for the compensatory levy provided for in Article 3 (l) of the Additional Protocol to the Ankara Agreement.#Proposals for a REGULATION (EEC) OF THE COUNCIL - on the application of Decisions No /77 of the EEC-Turkey Association Council amending Decision No 5/72 on methods of administrative cooperation for implementation of Articles 2 and 3 of the Additional Protocol to the Ankara Agreement; - on the application of the provisions adopted under the Association established between the European Economic Community and Turkey relating to the movement of goods in the manufacture of which are used products coming from third countries and not in free circulation in either the Community or Turkey. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 415
Vol. 1977/0135
 ---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
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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
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             COM(77)415 final
                                                             Brussels , 15 September 1977.
                                          Drafts for a
                   DEC IS I ON OP THE EEC -TURKEY ASSOCIATION COUNCIL
         - amending Decision No 5/72 on methods of administrative cooperation
           for implementation of Articles 2 and 3 of the Additional Protocol
           to the Ankara Agreement ;
         - on the application of Article 3 of the Additional Protocol to
           the Ankara Agreement to goods obtained in the Member States of
           the Community ;
         - amending Decision No 3/72 laying down the rules for the compensatory
           levy provided for in Article 3 ( l ) of the Additional Protocol to the
           Ankara Agreement ,
                                       Proposals for a
                               REGULATION (EEC ) OP THE COUNCIL
         - on the application of Decisions No         /77 of the EEC -Turkey Asso­
           ciation Council amending Decision No 5/72 on methods of administra­
           tive cooperation for implementation of Articles 2 and 3 of the
           Additional Protocol to the Ankara Agreement ;
         - on the application of the provisions adopted under the Association
           established between the European Economic Community and Turkey relating
           to the movement of goods in the manufacture of which are used products
           coming from third countries and not' in free circulation in
           either the Community or Turkey .
                       ( submitted to the Council by the Commission )
CCM(77 ) 415 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
I. The EEC-Turkey Customs Cooperation Committee has prepared three
draft decisions to be approved "by the Association Council "before mid–October .
The first draft decision is to replace the models of the A.TR.1 and
A.TR.3 movement certificates currently in force "by models aligned on the
outline form drawn up under the aegis of the United Nations Economic
Commission for Europe (Annex A/l ).
Hie second draft decision is ooncerned with the percentage of the Common
Customs Tariff duties to be taken into consideration to determine the rate
of the levy referred to in Article 3 of the Additional Protocol charged on
goods obtained in the Community under the conditions stated in the said
Article (Annex A/ll ).
T3ie purpose of the third draft decision is to align the rules for the
charging of the countervailing levy on the provisions established by the
Council Directive on the harmonization of provisions laid down by law,
regulation or administrative action in respect of inward processing
(Directive 69/73/EEC - OJ L 58 , 8 . 3 . 19^9 ) Annex A/ill ).
The three draft decisions deceived a favourable opinion from the
Customs Cooperation Committee *    _               -  -
II . To ensure the execution by the Community of the decisions of the
Association Council , it is necessary :
 ---pagebreak---                                   - 2 -
  as regards the first decision referred to above :
  to adapt Regulation (EEC ) NO 428/73 of 5 February 1973 adopted pursuant
  to Article 113 of the EEC Treaty for the implementation of Deoision Ho 5/72
  of the Association Council ;
  as regards the other two decisions referred to above :              r ...
  to adopt , pursuant to Article 113 of the EEC Treaty , a regulation
  incorporating all the. measures adopted by the Association Council
  relating to the charging of the countervailing levy provided for in
  Article 3 of the Additional Protocol , insofar as those measures relate
  to goods obtained in the Community .
The corresponding proposals for regulations are annexed hereto
(Annexes B/l and B/ll ).
 ---pagebreak---                   DECISION No     /77 of the  EEC -TURKEY
                  ASSOCIATION COUNCIL
                             OF
          amending Decision No 5/72 on methods of administrative
          cooperation for implementation of Articles 2 and 3
          of the Additional Protocol to the Ankara Agreement
  THE COUNCIL OF ASSOCIATION ,
  Having regard to the Agreement establishing an Association between
  the European Economic Community and Turkey;
  Having regard to the Additional Protocol to the said agreement , and in
 particular Article 4 thereof j
 Whereas the Community is aligning most of the customs documents used in
  international trade on the lay-out key of the Economic Commission
 for Europe; whereas it is accordingly necessary to substitute specimen
 movement certificates A.TR 1 and A.TR 3 aligned on that key in place
 of the specimens annexed to Decision No 5/72 of 29 December 1972 on the
 methods of administrative co-operation for implementation of Articles 2
 and 3 of the Additional Protocol to the Ankara Agreement.
HAS DECIDED AS FOLLOWS ;
                           Article 1
1 . The specimens of movement certificates A.TR.1 and A.TR .3 annexed
    to Decision No 5/72 are replaced "by the specimens annexed to this
    Decision,
2. Movement certificates A.TR.1 and A.TR.3 complying with the former
    specimens may continue to be used gntil 31 December 1978
                          Article 2
   This Decision shall apply with effect from 1 January 1978,
   Done at ......
                         For the Council of Association
                            The President
 ---pagebreak---                                                                       MOVEMENT CERTIFICATE
  I
  I «
  i
  î
    (1} Instil At
         Member
         State cf
    en iMtrt
         whtrt ip*
 ipropnete
         tCemptn*
         eatery Itw
         EEC-
 i      wfcfj*
         S. Itom    .* 10/ Marks and numbers; Number and kind of packages (for'goods in bulk, indicate the oame of :                      tJ,Gross
             num*          ship or. the. numbor of the railway wagon or road vehiclo); description of goods                                  weight (kg)
             ber                                                                                                                             or other -:. * .
                                                                                                                                             moasruro^ :
                                                                                                                                             (hi; m?, etc.)
                          ÇUSTOMS ENDORSEMENTî ---é^.:ï iê£$£
                                                                                                       ^13," DECLARATION BY THE'EXPORTERH'fz
                    ^Οο^αΓβΐίοΓτ οώΤίίβ(ί                                                         ^     xi; lhV. ur^ersigriftd, "doclarethat the "goods "
1 (I) Complete
|       only where     Export^dociimonj                                         :                  ë - jtoscrifaed -above-fneet Ihe conditions roqui£
{
]
i
        the expor*
        ling COM*
       try f
                                                                                                       ^rOd Jo^thfr issuo o(,thi» cortifjcale;^
1       mtU–
                    Rawing                                                        ^
                                                                                                       .5
 ---pagebreak---                           I. GOODS FOR WII1CH A MOVEMENT CERTIFICATE A.TR . I MAY BE ENDORSED
I * A movement certificate A. TR . I may b« endorsed only for good*                      Note : The statement 'Compensatory Levy–Turkey* must appear
    which , In the exporting Stale , fell within on* of the following                    on all movement certificates A. TR . I for good * obtained or pro*
    categories :                                                                         duced In the Community from products coining from a third
                                                                                         country on which the applicable customs duties and charqes ha-
    (a) goods produced In the exporting Slate. Including those obtained                 iring equivalent effect have not been levied In either the Commit*
         or produced wholly or partly from product * on whirl) the Ap­                   nity or Turkey.
         plicable customs duties or itturg*** having equivalent effect hove
         been levied and whirii have not benefited from a total or partial          (d) goods originally Imported from a State petty to the Agreement
         drawback of such duties or charges ;                                            and which on exportation fall within one ol the categories (a),
                                                                                         (b) or (c) above .
    (b) goods fn free circulalloo In the exporting State , (goods comlnq
         from a third country . In respect of wind) import foimolities have              Note : In the case of goods originally imported Into the expor­
         hern complied with and any custom * duties or <ti*r')es having                  ting State under the cover of a movement certificate bearing the
         equivalent effect havo been levied , and whtth have not benefited               statement 'Compensatory Levy–Turkey *, the movement certifi­
         liom a total or partial drawback of such duties or charges)}                    cate or certificates A. TR . I i*sued in lieu of the latter must also
                                                                                         bear the statement 'Compensatory Levy–Turkey ".
    (c) goods obtained or produced within the exportinq State , and In
         the manufacture of which have been utcd products on which                , Agricultural products must also comply with the additional origin
         the applicable customs duties or charges having equivalent                 conditions laid down for tbem .
         effect have not been levied or which have benefited (mm a total
         or partial drawbar* of such duties   •s or charges,   subject to the
                                                     charges , subject        | 3. Movement certificates A. TR - I may not be endorsed for goods orlgl-
         collection, where appropriate, of thet compensatory levy prescribed  I     nolly imported Irom a third country under a preferential customs
         lor therm                                                            |     system brt'iitve ol their country ol origin or place of consignment |T)Q
                                                                                     accordingly such goods nay not be rocarood as In free circulation
                                                                                    within the cleaning of tho Association Agreeiait*
                                              II. SCOPE OF THE MOVEMENT CERTIFICATE A. TR. 1
The movement certificate A. Tit . I may be used only If the goods to                     ded that carriage through sudi territories or transhipment Is cove­
which It relates ere transported direct from the exporting State to tho                  red by a single transport document made out In the Community
Importing Slate.                                                                         or Turkey.               *
The following shall be considered as transported direct Irom Use exporting
State to the Importing State :                                                           Note ;   Before  requesting   endorsement   of  movement    certificate
                                                                                         A. TR. 1 by the customs authorities of the exporting Slate , the
    (a) goods transported without passing through territories other thai                 exporter must satisfy himself that the goods will In fact be
         those of the Community or Turkeyt -                                             transported direct to the importing Stale . Goods not transported
    (b) goods trenported through territories other than those of the Com*                direct are eligible for preferential treatment only If a movement
         munity or Turkey or with transhipment lo such territories provi­                certificate A. TR. 3 Is produced.
                                  III. RULES FOR COMPLETING THE MOVEMENT CERTIFICATE A. TR. 1
I. The movement certificate A. TR . I must be completed In one of the           3. Each Item listed to the movement certificate A. TR . I must be prece­
    languages in which the Agreement i * drawn up and shall comply                  ded by a serial number . A horizontal line must be drawn immediately
    with the Internal laws of the exporting Stale . Where the certiiicate           after the last entry . Unused space must be struck through so as to
    is completed in Turkish, It may also be completed la one of tho                 make any later addition impossible.
    official languages of the Community .
                                                                                4. Goods must be described In accordance with commercial wsage and
3. The movement certiiicate A. TR . I must be typed or handwritten ! II             In sufficient detail to enable them to be Identified .
    the latter it must be completed In ink In block letters . It must not
    contain any erasure or superimposed correction . Any alteration must        $. The exporter or the carrier may complete the pari of the corticate
    be made by deleting the incorrect particulars and adding any ncccv              reserved for the declaration by Ihc exporter by a reference lo tho
    sary corrections . Any such alteration must be initialled by the per­           transport document. It is also recommended that the exporter or the
    son who - completed the certificate and endorsed by the customs                 carrier show on the transport document covering the despatch ol tho
    authorities .                                                                   goods the serial number of the movement certificate A. TR. I.
                                            IV. EFFECT OF THE MOVEMENT CERTIFICATE A. TR. I
When properly used, the movement certificate A. TR . I enables the goods        Member States ol tho E. B. C.
described therein to benefit In the importing State from tho progressive
elimination of customs duties , quantitative restrictions, and nil othor        The customs euthorltics of the Importing Sta'te may. II they consider It
measures having equivalent effect . However, when the movement certili*         lo be necessary, require any other documentary evidence and la 'parti­
calo bears the statement 'Compensatory Levy–Turkey", goods descri­              cular transport documents under cover of which tho foods were dispat­
bed therein shall not bo eligible for this      preferential treatment in tho   ched.
                             V. TIME LIMIT FOR SUBMISSION OF THE MOVEMENT CERTIFICATE A*TR. I
The movement certificate A. TR. I must bfc produced at the customs offlco       period of three months from the dale ol endorsement.
•I Ibe Importlog Member State where the goods are presented, within •
 ---pagebreak---                                                 β
                                                                        MOVEMENT CERTIFICATE
(1) Inserì
       whor« ip-
       f>ropri«U
       . Compeo-
       •alery l»w
       EEC­
       §. Item      lO. Marks and numbers ; Number and kind of packages (for goods In bu!(v'- 11, Tariff                       12, Gros * ::     13 . Net       v
            num-    V. indicate the namo of ( he ship or Ihe number of th® railway wagon or road /" ■- . . numb^r-it            ^rw»ighl ( kg) "... woigM (kg)
            ber       :   vchicie;; üescnpuon or gooos                                            :                                              *:•. or other .*
                                                                                                                                                       measruro' -
                                                                                                                                                  *r (hi, m*t die.)
                                                                                                                                                    Γ»
                   ^H.j.CUSTOMS ENDORSEMENT; r-:=>::;^.:=>:::r^;:                                                       :?=                                   « :•
 (9)
        •WlMf.
              noU                 of cUstoms-fcxaMiriatiOjvan<i indication" orrrTGona Qf identification (2)
                                                                                                             ¿1S.;.DECLARAT10N BYÍ:THE EXPORTER::"^
                   -rOocfaration vc6rtifiocJ -*               ^               : <rA. :;. < ^           " r'i v\^/ - r                r ,' ; ' r..*: •?         ~ :-
                        . r .: -                                         :2i- V<-3vr ' §V-~- c-             r^l , tho unooroigned» aoclare-that the goods­
 (I) Complete        ■Ε»ροΛ·(Ιοουιτ)βηΙ.(3)Ρ"'Λ -,·                                                           ; doscribod above moot lho conditions foqui^
        only where
        th« eipor>                                                                                           § rcd fof .thot nsuooMhit certificate,^' £-
        ting coun*
        try re­                                                                                                 PiacVofclpadingr^.ii
     '      ret
                                                                                                             ir-v§£
 ---pagebreak---                                                                                                                                                                    Γ    V
                                                                                                                                                                    u t. .
                                                                                                                                                                         •' »*
                                  I. GOODS FOR WHICH A MOVEMENT CERTIFICATE A.TR.3 MAY BE ISSUED
  I. A movement certificate A. TR . 3 may be Issued only for qoods whim                    country and on which the applicable customs duties aod charges ha­
        la the exporting Slate , fall within one of the following categories :             ving equivalent effect have not been levied In either the Community
                                                                                           or Turkey.
        (a) goods produced In the exporting State . Including those obtained
             or produced wholly or partly from products on which the ap-              (d) goods originally imported from e State perly to the Agreement
             pllctltlc customs duties or diAtqet hitvinq equivalent effect have            and which on importation fell within one of Ihe categories (a ).
             been levied and wMrh have not benefited from a total or partial               ( h) or (cl above .
             drawback of audi duties or charges i                                          Nole : In the case of goods originally Imported Into the expor­
                                                                                           ting Slate under the cover of e movement certificate bearing the
        (b) goods in free circulation la the eiportin7 State , (goods coming               statement 'Compensatory Levy–Turkey ", the movement certifi­
             from a third country , in respeet of which import formalities have            cate or certificates A. TR . 3 Issued in lieu of the latter must also
             been complied with and any customs duties or charges having                   bear Ihe statement 'Compensatory Levy–Turkey ".
             equivalent effect have been levied , and which have not benefited
             from • total or partial drawback of such duties or charges)*         3. Agricultural products must also comply with Ihe additional origla
                                                                                      conditions laid down for them .
        fc) goods obtained or produced within the exporting State, end In
             the manufacture    of wMdi have been used pmducts on which
             the    applicable custom * duties of dinrges hovinq equivalent        9. Movement certificates A. TR. 9 nay not be Issued for goods :
             effect have not be«?n levied or which have benefited from • total
             ot partial drawback of sudi duties or <h*rqr«, subject lo the            (a) which . In accordance with the provisions applicable to them , must
             collection, where appropriate, of the compensatory levy prescribed            be transported direct from the exporting State to tha Importing
             for them i                                                                    State i
•           Nole : The statement 'Compensatory Levy–Turkey* must appear                (b) which were originally Imported from a third country under a preferea.
             on all movement certificates A. TR . 3 for goods obtained or pro­             tial customs system because of Jheir country of onqm or place
             duced la Ihe Community from products coming from a Ihird                      of consignment      and accordingly such goods nay not bo r^ardod at
                                                                                           fn free circulation within the ceanina of the Association Agree*
                                                  II. SCOPE OF THE MOVEMENT CERTIFICATE A.TR.3                                                                   cent*
  A movement certificate A. TR . 3 may be used In eli ce<es where a mo­                (b) goods transported through territories other lhan those of the Com­
  vement certificate A. TR . I cannot be used owlnq lo the fact that the                   munity or Turkey or with t{an*hipmenl In such territories provi­
  goods are not transported dtre?l from the exporting Slate to the Impor­                  ded that carriage through such territories or transhipment is rove-
  ting State :                                                                             red by a single transport document made out in the Community
                                                                                           or Turkey.
  The following shall be considered at transported direct from tha exporting
  State to the importing State :                                                   In particular, the movement certificate A.TR.3 nay be used for goods
                                                                                   exported from a Slate parly to the Agreement to a counlry not patty
        (a) goods transported without passing through territories other than       to the Agreement, from whldi they are liable to be re-exported subse­
             those of the Community or Tuikcyi                                     quently to a State party to Ihe Agreement.
                                       III. RULES FOR COMPLETING THE MOVEMENT CERTIFICATE A.TR.3
   1 . The movement certificate A. TR . 3 must be completed In one of the             the place of loading, the dato of dispatch and tha country of desti­
        languages in which Ihe Agreement Is drawa up and shall comply                 nation at Ihe time of cxporl must be staled .
        with the internal laws of the exporting State . Where the certificate
        Is completed in Turkish, It mey also ba completed In one of tha           4. Each Item listed In Ihe movement certificate A. TR . 3 must be prece­
       •official languages of the Community.                                          ded by a seriol number . A horizontal line must bo drawn Immedia­
                                                                                      tely after the last entry . Unused space must be struck through so ee
  2. The movement certificate A.TR.3 must be typed or handwritten * If                to make any later addition impossible.
        the latter it must be completed In Ink in block letters . It must not     5. Goods must be described In accordance with commercial usage and
        contain any erasure or superimposed correction . Any alteration must          in great detail so as to ensure thai they can be Identified easily . The
        bo made by deleting the Incorrect particulars and adding any ncces *          description of the goods must Include the number of the tariff hea­
        sary corrections . Any such alteration must be initialled by Ihe per­         ding applicable to ead» ( loin .
        son who completed the certificate and endorsed by tha custom*                 The exporter must inciudo with the movement certificate A.TR.3 all
        authorities .                                                                 documents such as plans, drawings , photographs or commercial
                                                                                      prospectuses, etc., which may help Identification . If Ihcy consider
  3. The "declaration by tha exporter*"^ (he second paga of the move­                 il necessary, the customs authorities of the cxportinq country sbeU
       ment certificate A. TR . 3 must be completed In full . In particular.          annex these documents to the movement certificate A. TR. 3,
                                                IV. EFFECT OP THE MOVEMENT CERTIFICATE A. TR. 3
  A movement certificate A.TR.3 enables tha goods described therein - to -        ment In the Member States of the E. E C. The . customs authorities of . Ihe
  benefit from the progressive elimination of" customs duties , quontitatlve    ■ Importing State may require submission of any supporting evidcnco If
  restrictions and all other measures having equivalent effect, where             they consider there is doubt as lo the Identity of the goods and ^nay
  there Is no doubt that tho goods actually imported are those described          exclude tho goods from the progressive elimination of customs duties,
  In that movement certificate– A. TK . 3 . flowovcr when Iho rnqvement           qunniitalivo_ restrictions and all measures having equivalent effect If
  certificate A. TR. 3 hears tho statement 'Compensatory Levy-–Turkey'*           satisfactory- evidence cannot be' produced .
  goods described therein shall not ba eligible for this preferential treat­
                                  V, TIME LIMIT FOR SUBMISSION OF THE MOVEMENT CERTIFICATE A. TR.3
  The movement certificate A. TR. 3 must ba submitted to Ihe custom*              tha dato of Issue , ft shall ba valid only for tha quantities of goods
  authorities of tha importing State within a period of *slx months from          presented In Ihet Stata during Ihosa six months.
 ---pagebreak---                ' ' DECISION No...'. / 77 OF THE EEC -TURKEY
                           ASSOCIATION COUNCIL
                    - on the application of Article 3
                    of the Additional. Pro.tocol to the Ankara
               •    Agreement to noods obtained in the.rienber
                                 . "« •
                             States of the Community
THE ASSOCIATION COUNCIL ,
HAVING REGARD to the Agreement establishing an Association '^etireen the .
European Econonic Conn unity and Turkey; .                  .•
HAVING REGARD TO THE Additional Protocol ,to the sci<^ Anrecment , and1 in . ?
particular Article 3 thereof ;
                                              I                ·
tJHEREAS the provisions of Title I , Chapter I , Section I , and c f Chapter II
of the Additional Protocol apply to floods obtained in the European Economic
Community under the conditions referred to in Article 3(1 ) of the Said
Protocol only if the exporting State cMrpes a countervailing levy , the
 rate cf which is based on the tariff reduction qranteci on those qoods in
Turkey ; whereas this levy is not charged while the rate of tariff reduction
does not exceed 20% ;
WHEREAS on 1 January 1978 Turkey will effect a further reduction of custocs
duties equal to 10% of the basic duties on the goods covered by Article 10
of the Additional Protocol , thereby-bringing the total rate of reductions
effected by that date to 30% of the -basic duties; whereas' it is' therefore
necessary to charge , from that date , a countervailing levy for tho afore-
mentioned goods obtained, in the Community;
WHEREAS it is appropriate , in the interests of users and in order to simplify
the task of the customs authorities , to fix now tho percentages to bo used
to calculate the rates of this countervailinglevy • for the whole of the
period referred to in Article 10(2 ) of tho Additional Protocol ;     1
 ---pagebreak---                                         - 2 -
  WHEREAS > in respect of the products 'covered . by the Treaty esteblnshing
   the European Coal and Steel Community, it is necessary to specify that .
   these percentages apply to the duties of. the ECSC unified tariff ,
  HAS DECIDED; AS FOLLOW? :                  .-                .. . ,.V        •
                                      Arti cle 1         ....               .
  The percentages of the customs duties of the Common Customs Tariff to
  be used to calculate the rates of the lev/y referred to in Article 3(1 )
  of the Additional Protocol in respect- of goods obtained in Member States
  of the Community and covered by Article 10 of the said Protocol shall bo
  as follows :
                                                                                   «   <
  - for the period from -1 January 197C -- to 31 December 1978                               30%' ••
  - for the period from 1 January 1979 to - 31 December 1979                                 40%'' :
•- for the period from 1 January 1980 to 31 December 1980                                    50%
  - for the period f-rom 1 January 1981 to 31 December 1981' "60%
  - for the period from 1 January 1982 to 31 December 1982 " 70%                                          r
  - for the period from 1 January 1983 to 31 December 1933                                   80%
 ■r " for the period from 1 January 1984 to 31 December 1984                                '90%
  r as from 1 January 1985      100%               ' •         • *        ' '
                                    . Articl© 2           ■      .                        •-         . ■
  Inth$"case of goods manufactured from products which come within the
  p'rbvine'e of the European Coal and Steel Community, the percentage referred
  to in Article 1 shall apply to the customs duties of the unified tariff
  in respect of such products as arc used in the manufacture - of the goods .
                                  '       '    •'*            •" ••                                      : _ '
                             ;                •' '                                     *'
                               : . Arti cle 3 '             "...                                   ' .. .
  This Decision shall apply with effect from 1 January 197.8                                          v;
                                         Donc at . ......... '                   .   *
                                      1  For the Association Council
                                      .  The President
                                          ''    « J.   ' "    /* '
                                                                   ? . :ι     -, ?
 ---pagebreak---                               DECISION No    /77 OP THE EEC -TURKEY
                              CODICIL OP    ASSOCIATION            '         '
                            amending Decision No 3/72 laying down the
              . t ' ■ • rules foy the compensatory levy provided for in
                            Article 3(l) of the Additional Protocol to ^.h©
                                          Ankara Agreement             ;
                                             -  ■ ,, ■ ■ .
   THE COXTIL OF ASSOCIATION ,
                /         1      .
   Having regard to the Agreement establishing an Association between the
  European Sconooio Coanunity and Turkey;
   Having regard to the A^ditio^al Protoool , and in particular Article 6 thereofJ
   Whereas Decision No 3/72 laid dov/a the rules for the compensatory '• levy pro­
  vided for in Article 3(l ) of the * Additional Protocol ,^, talcing into account
   the rules applicable 'in trade between the Member States before 1 July i960 ;
   VJhereas the rules currently in force oonoeming the countervailing levy to
  be charged, i:here appropriate , in trada between the original Keaber States
   and the new Member States and between the new Member States theasolvos differ
   from the previous rules as regards the date whiph determines the rate of the
   levy; whereas it seems appropriate to adapt the provisions applicable within the
  Association accordingly ; .
                                                                         ! '   •
   HAS DECIDED AS FOLLOWS .                                          . I
     ■; ■'                                     rticlc 1                  1 .
                                             –         ■  τ»
<       !
 ;         Artiole 2 of Deoiuion No 3/72 i? hereby replaced by the following c.rr^olcj:
   "Article 2
           The dato which determine,? the percentage of the compensatory *®vy shall
  bo that on which the qustoms office accepts the document by whioh the
   doolarcnt st&tos his intention to export the goods referred to in Artirtl® 1.
  However , v&ero the goods havp boen warehoused in a customs warehouse or
   placed in a free zone in the State of manufacture before being exported, the
   date which d&termines the peroentago shall be that on which the oustoas office
 ---pagebreak--- accepts the docuz:ont by which t,ho doclaront • states his intention to plnce
tha goods in question. u;adar ony of tho said syato^a .
Article 2r.
    The dato vjhich doterciinas tha rato of the duties shall "bo that on viiich.
the products fron oountrioo outside tho Assooiatioa were admitted to the
systen undor which nanufacture took plaoe ."
                               Article 2
    This Decision sliall apply with effect from 1 January 197° . ~
Done at ............                         Por the Council of Assooiatioa
                                                    The Prosident
 ---pagebreak---                                        Proposai
                                        for a
                REGULATION ( EEC ) No         OF THE COUNCIL
                 on the" application of Decisions No      /77
                of the EEC-Turkey Association Council amending
                 Decision No 5/ 72 on methods of administrative
                  cooperation for implementation of Articles 2 and 3
                 of the Additional Protocol to the Ankara Agreement
  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 428/73(1 ) of 5 February 1973 on the
  application of Decisions Nos 5 /72 and 4/ 72 of the Association Council
  provided for under the Agreement establishing an Association between
  the European Economic Community and Turkey, as last amended by
  Regulation ( EEC ) No 2340/ 76 (2 ), implemented in the Community the methods
  of administrative cooperation laid down by Decision No 5/ 72 of the
  EEC-Turkey Association Council on methods of administrative cooperation
  for implementation of Articles 2 and 3 of the Additional Protocol to the
  Ankara Agreement ;
  Whereas these methods have been amended by Decision No         /77 of the
  Association Council and it is therefore necessary to take the necessary
  measures to implement this Decision in the Community ;
  HAS ADOPTED THIS REGULATION :
                                      Article 1
  Decision No       / 77 of the Association Council ( annexed to this Regulation)
  shall apply in the Community for the purposes of the methods of administrative
  cooperation for implementation of Articles 2 and 3 of the Additional Pro­
  tocol to the Agreement establishing an Association between the European
 Economic Community and Turkey.
 *     see Annex A/ I
                                                      «    ,
•                                                       .../...-
  ( 1 ) 0J No L 59 , 5.3.3973 , p. 73
  (2 ) 04 No L 265 , 29.6.1976 , p.3
 ---pagebreak---                                    - 2 -
                               Article 2
                                                                   • .
This Regulation shall enter into force on .1 January 1978 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at                                        For the Council
                                                The President
 ---pagebreak---                                    Proposai
                                    for a
             REGULATION ( EEC ) No      OF THE COONCIL
                                of        1977
             on the application of the provisions adopted under
             the Association established between the European           '
             Economic Community and Turkey relating to the movement of
             goods in the manufacture of which are used products coming
                  from third countries      and    - hot in free circulation in
             either the Community or Turkey
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 Article 3 of the Additional Protocol to the Agreement establishing
an Association between the European Economic Community and Turkey laid down
the conditions under which the provisions relating to free circulation iSay
apply to goods in the manufacture of which are used products coming
from third countries        and % not in free circulation in either the Community
or Turkey; whereas these conditions entail , in particular , the charging
of a levy by the country in which the goods are manufactured;
Whereas the procedure for the charging of the levy is laid down by ■
Decision No 3/77 of the Association Council , as last amended by Decision
No     177 ;                                                                            (
                                                                  ■                     I
Whereas for goods obtained in Member States of the Co8W«u«ity wliich are subject to the'
 system prouved for in        Article 10 of the Additional Protocol to the
Agreement establishing an Association between the European . Economic
Community and Turkey, the percentages to be taken int<? acooynt as froa
1 January 1978 for the periods specified in the said Article 10 have been
laid down by the EEC-Turkey Association Council;
Whereas measures are needed for these Decisions to be put into operation
1n the Community;
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                  Article 1
   For the purposes of the Additional Protocol to the Agreement establishing
   an Association between the European Economic Community and Turkey , goods
   manufactured in the Community, in the manufacture of which are used products
   imported from a country outside the Association and which were not , within
   the meaning of that' Agreement , in free circulation in either the Community
   or Turkey, shall be considered as fulfilling the conditions for implemen­
   tation of the provisions of the.Additional Protocol relating to the
   progressive elimination in Turkey of customs duties , quantitative restrictions
   and all other measures having equivalent effect , provided the. following j
   provisions are complied with .
                                  Article 2
   The exporting Member State shall charge a levy on goods manufactured as
   provided in Article 1 , the rate thereof being equal to a percentage of the
   duties in the Common Customs Tariff applicable to the products
 . used in their manufacture .
   As regards goods in the manufacture of which are used products which
   come within the province of the European Coal and Steel Community, this
; percentage shall apply to the customs duties of the unified tariff in
   respect of such products as are used in the manufacture of the goods .
                                  Article 3
   The levy charged on goods manufactured under the conditions specified
   in Article 1 shall be calculated by reference to the type and value - or ,
   where appropriate , on some other basis of assessment - of the products
   imported from countries outside the Association and used in the manufacture
   of the aforesaid goods , as determined by customs when those goods were
   admitted to the customs procedure under which manufacture took place .
                                  Article 4
   The relevant date which determines the rate of the levy shall be that on
   which the customs office accepts the document whereby the declarant
   states his intention of exporting the goods referred to in Article 1 .
   However , when the goods have been varehoused in a customs warehouse or
           •_ _           • the
   placed in a free zone An country of manufacture before being exported , the
   relevant date shall be that on which the customs office accepts the
   document whereby the declarant states his intention to place the goods
 ---pagebreak---  in question under one of the said customs procedures .
 The date which determines the rate of the customs dwtie9 shall b« that
 on which the products from countries outside the Association were entered
 to the customs procedure under which manufacture took place .
                                Article 5
 1 . The percentage of the customs duties of the Common Customs Tariff to
  - be used to calculate the rates of the levy referred to in Article 3C1 )
     of the Additional Protocol in respect of goods obtained in Member
     States of the Community and covered by Article 10 of the said Protocol
     shall be as follows :
2 . In derogation from Article 2 , no levy shall be charged if the date
     provided for in the first paragraph of Article 4 . falls "before 1 January . 1978#
                                Article 6
This Regulation shall enter into force on 1 Jarvuary 1978 .
This Regulation shall be binding' in its entirety and directly applicable
in all Member States .
                                                         i
Done at                                       f0 r the Counci I
                                               The President