CELEX: 
Language: en
Date: 1974-08-13 00:00:00
Title: Regulation (EEC) No 2126/74 of the Council of 6 August 1974 on the application of Decision No 1/74 of the EEC-Austria Joint Committee supplementing and amending Protocol No 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation and Decision No 2/74 of the EEC-Austria Joint Committee establishing a simplified procedure for the issue of EUR.1 movement certificates #Decision No 1/74 of the Joint Committee supplementing and amending Protocol No 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation #Decision No 2/74 of the Joint Committee establishing a simplified procedure for the issue of EUR.1 movement certificates

13 . 8 . 74                           Official Journal of the European Communities                          No L 224/ 1
                                                             I
                                           (Acts whose publication is obligatory)
                              REGULATION (EEC) No 2126/74 OF THE COUNCIL
                                                     of 6 August 1974
             on the application of Decision No 1/74 of the EEC-Austria Joint Committee
             supplementing and amending Protocol No 3 concerning the definition of the concept of
             'originating products' and methods of administrative cooperation and Decision No 2/74
             of the EEC-Austria Joint Committee establishing a simplified procedure for the issue
                                              of EUR.l movement certificates
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                        Whereas it is necessary to apply these Decisions in
                                                                 the Community,
Having regard to the Treaty establishing the
European Economic Community, and in particular
Article 113 thereof;
                                                                 HAS ADOPTED THIS REGULATION :
Having regard to the proposal from the Commission ;
Whereas an Agreement (x) between the European                                          Article 1
Economic Community and the Republic of Austria
was signed on 22 July 1972, and entered into force
on 1 January 1973 ;                                              For the purpose of implementing the Agreement
                                                                 between the European Economic Community and the
                                                                 Republic of Austria, Decisions Nos 1/74 and 2/74 of
Whereas pursuant to Articles 16 and 28 of Protocol               the Joint Committee, annexed to this Regulation,
No 3 concerning the definition of the concept of                 shall apply in the Community.
'originating products' and methods of administrative
cooperation, which is an integral part of that
Agreement, the Joint Committee adopted Decision
No 1 /74 supplementing and amending the said                                           Article 2
Protocol and Decision No 2/74 establishing a
simplified procedure for the issue of EUR.l                      This Regulation shall enter into force on 1 September
movement certificates;                                           1974.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 6 August 1974.
                                                                                      For the Council
                                                                                       The President
                                                                                     B. DESTREMAU
(*) OJ No L 300, 31 . 12. 1972, p. 2.
 ---documentbreak---  No L 224/2                          Official Journal of the European Communities                              13 . 8.74
                                                         ANNEX
                                DECISION No 1 /74 OF THE JOINT COMMITTEE
              supplementing and amending Protocol No 3 concerning the definition of the concept
                        of 'originating products' and methods of administrative cooperation
THE JOINT COMMITTEE ,                                           HAS DECIDED AS FOLLOWS :
                                                                                       Sole Article
Having regard to the Agreement between the                       1.    The following new paragraph shall be added to
European Economic Community and the Republic of                 Article 8 of Protocol No 3 :
Austria signed on 22 July 1972 in Brussels ;                          '4.   Accessories, spare parts and tools
                                                                      dispatched with a piece of equipment, machine,
                                                                     apparatus or vehicle which are part of the
Having regard to Protocol No 3 concerning the                        normal equipment and included in the price
definition of the concept of 'originating products ' and              thereof or are not separately invoiced are
methods of administrative cooperation, and in                        regarded as one with the piece of equipment,
particular Article 28 thereof;                                       machine, apparatus or vehicle in question.'
                                                                2. The former paragraph 4 of Article 8 of Protocol
                                                                No 3 shall be re-numbered paragraph 5 .
Whereas Decision No 10/73 of the Joint Committee
supplemented and amended certain provisions of                  3.     In the sixth and seventh lines of the first
Protocol No 3 , and in particular Article 8 thereof;            paragraph of Article 16 of Protocol No 3 , the
                                                                reference 'Article 8 (4)' is replaced by the reference
                                                                'Article 8 (5 )'.
Whereas it is necessary to lay down the procedure for           4. In the first and second lines of Note 9 referring
the issue of the movement certificate when it refers to         to Articles 16 and 22 of Annex I to Protocol No 3 ,
accessories, spare parts and tools dispatched with a            the reference 'Article 8 (2) or (4)' is replaced by the
piece of equipment, machine, apparatus or vehicle,              reference 'Article 8 (2) or (5 )'.
              Done at Brussels, 11 June 1974.
                                                                                  For the Joint Committee
                                                                                        The President
                                                                                       R. REITERER
                                   i
                          The Secretaries
              H. MICHITSCH           A. SLINGERLAND
 ---documentbreak--- NA ---documentbreak--- 13 . 8 . 74                         Official Journal of the European Communities                                 No L 224/3
                                DECISION No 2/74 OF THE JOINT COMMITTEE
                   establishing a simplified procedure for the issue of EUR.l movement certificates
THE JOINT COMMITTEE,                                            2.      The    Customs    authorities   shall   refuse such
                                                                authorization to exporters who do not offer all the
                                                                guarantees which they consider necessary.
Having regard to the Agreement between the
European Economic Community and the Republic of
Austria, signed in Brussels on 22 July 1972 ;                  3 . The Customs authorities may withdraw the
                                                                authorization at any time. They must do so where the
                                                                approved exporter no longer satisfies the conditions
Having regard to Protocol No 3 concerning the                   or no longer offers the guarantees referred to in the
definition of the concept of 'originating products' and         preceding paragraphs.
methods of administrative cooperation, and in
particular Articles 16 and 28 thereof;
Whereas the formalities relating to the issue of EUR.l                                    Article 4
movement certificates may be considerably eased in
the cases of exporters making frequent shipments ;
whereas the conditions and detailed rules for easing            1 . The authorization shall stipulate, at the choice
the formalities must be laid down ,                             of the Customs authorities, that box No 11 , 'Customs
                                                                Endorsement', of the EUR.l movement certificate
                                                                must
HAS DECIDED AS FOLLOWS :                                         ( a ) either be endorsed beforehand with the stamp of
                                                                       the competent Customs office of the exporting
                                                                       State and the handwritten or non-handwritten
                         Article 1                                     signature of an official of that office, or
By way of derogation from Article 8 ( 1 ), (2) and (5 ),        ( b ) be endorsed by the approved exporter with a
and Articles 9 and 10 of Protocol No 3 , a simplified                  special stamp which has been approved by the
procedure for the issue of EUR.l movement                              Customs authorities of the exporting State and
certificates is hereby established in accordance with                  corresponds to the specimen given in the Annex ;
the following provisions .                                             this stamp may be preprinted on the forms.
                        Article 2                               2. In the cases referred to in paragraph 1 ( a), one
                                                                of the following phrases shall be entered in box No
                                                                7, 'Remarks', of the EUR.l movement certificate :
The Customs authorities in the exporting State may              'Simplified      procedure',      'Forenklet procedure',
authorize any exporter, hereinafter referred to as              ' Vereinfachtes Verfahren', 'Procedure simplifiee',
' approved exporter', who satisfies the conditions set          'Procedura semplificata', 'Vereenvoudigde procedure'.
out in Article 3 and who intends to carry out
transactions for which EUR.l movement certificates
may be issued, not to submit to the Customs office in           3 . Where the simplified procedure applies, the
the exporting State at the time of export either the            Customs authorities of the exporting State may
goods or the application for an EUR.l movement                  prescribe the use of EUR.l movement certificates
certificate relating to those goods, for the purpose of         bearing a distinctive sign by which they may be
obtaining an EUR.l movement certificate under the               identified .
conditions laid down in Article 8 of Protocol No 3 .
                         Article 3                                                         Article 5
1.      The authorization referred to in Article 2 shall        1.      In the authorization the Customs authorities
be granted only to exporters making frequent                    shall specify in particular :
shipments and who offer, to the satisfaction of the
Customs authorities, all guarantees necessary to                ( a ) the conditions under which the applications for
verify the originating status of the products .                        EUR.l movement certificates are made,
 ---pagebreak--- No L 224/4                          Official Journal of the European Communities                              13 . 8 . 74
(b ) the conditions under which these applications            2. The approved exporter shall if necessary
      and the EUR.l movement certificates used as the          indicate in box No 13 , 'Request for Verification', of
     basis for the issue of other EUR.l movement               the  EUR.l      movement    certificate the  name    and
     certificates under the conditions laid down in            address of the Customs authority competent to verify
     Article 8 (2) of Protocol. No 3 are kept for at           the certificate .
     least two years,
(c) in the cases referred to in Article 4 ( 1 ) (b ), the                              Article 8
     Customs authority competent to carry out the
     subsequent verification referred to in Article 19        The Customs authorities in the exporting State may
     of Decision No 3/73 of the Joint Committee.              carry out any check on the approved exporter which
                                                              they consider necessary. The approved exporter must
2. The approved exporter may be required to                    allow this to be done .
inform the Customs authorities, in accordance with
the rules which they lay down, of goods to be
dispatched by him, so that the competent Customs                                       Article 9
office may make any verification it thinks necessary
before the departure of the goods.
                                                              The Customs authorities in the exporting State may
                                                               declare certain categories of goods ineligible for the
                        Article 6                             special treatment provided for in Article 1 .
Where, under the simplified procedure, Article 20 of
Decision No 3 /73 of the Joint Committee is applied,                                   Article 10
the expressions laid down in that Article shall be
authenticated, as appropriate, either by the stamp            This Decision shall not prejudice application of the
used by the competent Customs office of the                    rules of the Community, the Member States and
exporting State, or by the special stamp referred to in        Austria on customs       formalities and the use of
Article 4 ( 1 ) (b), which may be preprinted on the           customs documents .
form .
                        Article 7                                                      Article 11
I. In the cases referred to in Article 4 ( 1 ), box No         This Decision shall apply mutatis mutandis where
II , 'Customs Endorsement', of the EUR.l movement             movement certificates of the types referred to in
certificate shall be completed if necessary By the            Article 13 (3 ) of Decision No 10/73 of the Joint
approved exporter.                                             Committee are used .
               Done at Brussels, 8 July 1974.
                                                                                 For the Joint Committee
                                                                                       The President
                                                                                   R. de KERGORLAY
                           The Secretaries
               H. MICHITSCH          A. SLINGERLAND
 ---pagebreak--- 13.8.74                   Official Journal of the European Communities                        No L 224/5
                                              ANNEX
        (') Initials or coat of arms of the exporting State.
        (2) Such information as is necessary for the identification of the approved exporter.