CELEX: 
Language: en
Date: 1974-08-13 00:00:00
Title: Regulation (EEC) No 2127/74 of the Council of 6 August 1974 on the application of Decision No 1/74 of the EEC-Portugal 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-Portugal 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

No L 224/6                                 Official Journal of the European Communities                            13 . 8 . 74
                                      REGULATION (EEC) 2127/74 OF THE COUNCIL
                                                            of 6 August 1974
               on the application of Decision No 1/74 of the EEC-Portugal 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-Portugal Joint Committee establishing a simplified procedure for the issue
                                                     of EUR.l movement certificates
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              simplified procedure for        the issue of   EUR.l
                                                                        movement certificates ;
 Having regard to the Treaty establishing the                          Whereas it is necessary to apply these Decisions in
 European Economic Community, and in particular                         the Community,
 Article 113 thereof;
                                                                        HAS ADOPTED THIS REGULATION :
 Having regard to the proposal from the Commission ;
                                                                                                Article 1
Whereas an Agreement (*) between the European
 Economic Community and the Portuguese Republic                        For the purpose of implementing the Agreement
 was signed on 22 July 1972, and entered into force on                 between the European Economic Community and the
 1 January 1973 ;                                                       Portuguese Republic, Decisions Nos 1 /74 and 2/74 of
                                                                       the Joint Committee, annexed to this Regulation,
Whereas pursuant to Articles 16 and 28 of Protocol                     shall apply in the Community.
 No 3 concerning the definition of the concept of
 'originating products' and methods of administrative
 cooperation, which is an integral part of that                                                 Article 2
Agreement, the Joint Committee adopted Decision
No 1 /74 supplementing and amending the said                           This Regulation shall enter into force on 1 September
Protocol and Decision No 2/74 establishing a                            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
i 1 ) OJ No L 301 , 31 . 12. 1972, p . 165 .
 ---documentbreak---  13 . 8.74                         Official Journal of the European Communities                            No L 224/7
                                                       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
European Economic Community and the Portuguese                1.    The following new paragraph shall be added to
                                                              Article 8 of Protocol No 3 :
Republic signed on 22 July 1972 in Brussels ;
                                                                   '4.    Accessories, spare parts and tools
                                                                   dispatched with a piece of equipment, machine,
Having regard to Protocol No 3 concerning the                      apparatus or vehicle which are part of the
definition of the concept of 'originating products' and            normal equipment and included in the price
methods of administrative cooperation, and in                      thereof or are not separately invoiced are
particular Article 28 thereof;                                     regarded as one with the piece of equipment,
                                                                   machine, apparatus or vehicle in question.'
                                                              2. The former paragraph 4 of Article 8 of Protocol
Whereas Decision No 10/73 of the Joint Committee              No 3 shall be re-numbered paragraph 5 .
supplemented and amended certain provisions of
Protocol No 3 , and in particular Article 8 thereof ;         3.    In the sixth line of the first 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 Article 16 and 22 of Annex I to Protocol No 3 , the
accessories, spare parts and tools dispatched with a          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, 27 June 1974.
                                                                                For the ]oint Committee
                                                                                      The President
                                                                                     C. LOURENCO
                            The Secretaries
              A. CORREIA         C. D. von SCHUMANN
 ---documentbreak--- NA ---documentbreak---  No L 224/ 8                        Official Journal of the European Communities                                   13 . 8 . 74
                                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
Portugal, signed in Brussels on 22 July 1972 ;                 3 . The Customs authorities may withdraw the
                                                                authorization at any time. They must do so where the
Having regard to Protocol No 3 concerning the                   approved exporter no longer satisfies the conditions
definition of the concept of 'originating products' and         or no longer offers the guarantees referred to in the
methods of administrative cooperation and in                    preceding paragraphs.
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.
                                                                2.      In the cases referred to in paragraph 1 ( a), one
                         Article 2                              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                   'Procedimento simplificado'.
transactions for which EUR.l movement certificates
may be issued, not to submit to the Customs office in
the exporting State at the time of export either the           3 . Where the simplified procedure applies, the
goods or the application for an EUR.l movement                 Customs authorities of the exporting State may
certificate relating to those goods, for the purpose of        prescribe the use of EUR.l movement certificates
obtaining an EUR.l movement certificate under the              bearing a distinctive sign by which they may be
                                                                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---  13 . 8 . 74                          Official Journal of the European Gommunities                            No L 224/9
( 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
      of Decision No 3 /73 of the Joint Committee.               The Customs authorities in the exporting State may
                                                                 carry out any check on the approved exporter which
2.       The approved exporter may be required to                they consider necessary. The approved exporter must
                                                                 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
office may make any verification it thinks necessary                                     Article 9
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
used by the competent Customs office of the                      This Decision shall not prejudice application of the
exporting State, or by the special stamp referred to in          rules of the Community, the Member States and
Article 4 ( 1 ) ( b ), which may be preprinted on the            Portugal on customs formalities and the use of
                                                                 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 Chairman
                                                                                     R. de KERGORLAY
                              The Secretaries
                A. CORREIA          C. D. von SCHUMANN
 ---pagebreak--- No L 224/ 10                    Official Journal of the European Communities                       13 . 8 . 74
                                                    ANNEX
             (J ) Initials or coat of arms of the exporting State.
             (2) Such information as is necessary for the identification of the approved exporter.