CELEX: 51980PC0476
Language: en
Date: 1980-07-29
Title: Proposal for a COUNCIL REGULATION (EEC) on the application of Decision No. /80 of the EEC-Austria, Finland Norway, Portugal, Sweden, Switzerland (1) Joint Committee amending Protocol No 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation to take account of the accession of the Hellenic Republic to the Community#DRAFT JOINT COMMITTEE DECISION amending Protocol No 3 concerning the definition of the concept of "originating products" and methods of administrative cooperation to take account of the accession of the Hellenic Republic to the Community#Proposal for a COUNCIL REGULATION (EEC) on the application of Decision No. /80 of the EEC-Iceland Joint Committee amending Protocol No 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation to take account of the accession of the Hellenic Republic to the Community#DRAFT JOINT COMMITTEE DECISION amending Protocol No 3 concerning the definition of the concept of "originating products" and methods of administrative cooperation to take account of the accession of the Hellenic Republic to the Community

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 476
Vol. 1980/0162
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(80)476 final
                                                     Brussels , 29 July 1980
                             Proposal for a
                       COUNCIL REGULATION ( EEC ?
on the application of Decision No .              / 80 of the EEC-Austria , Finland
 Norway , Portugal , Sweden , Switzerland ( 1 ) Joint Committee amending Protocol
 No 3 concerning the definition of the concept of 'originating products' and
 methods of administrative cooperation to take account of the accession of
               the Hellenic Republic to the Community
                                    DRAFT
                         JOINT COMMITTEE DECISION
 amending Protocol No 3 concerning the definition of the concept of " origi­
nating products " and methods of administrative cooperation to take account
      of the accession of the Hellenic Republic to the Community
                             Proposal for a
                       COUNCIL REGULATION ( EEC )
on the application of Decision No .             / 80 of the EEC-Iceland Joint
 Committee amending Protocol No 3 concerning the definition of the concept
of 'originating products' and methods of administrative cooperation to
    take account of the accession of the Hellenic Republic to the
                                Community
                                   DRAFT
                        JOINT COMMITTEE DECISION
 amending Protocol No 3 concerning the definition of the concept of          origi­
 nating products" and methods of administrative cooperation to take account
      of the accession of the Hellenic Republic to the Community
COM(80)476 final                               \    • .    .
                                                                        ^
                                                                 ■■■■■ V. .
 ---pagebreak---                           EXPLANATORY NOTE
 The adhesion of Greece to Che Community has necessitated the negotiation
 of additional Protocols to the EEC-EFTA Agreements and the ECSC-EFTA
Agreements . These additional Protocols direct the Joint Committees to
adopt the changes necessary to the origin rules contained in Protocol
No 3 to . the EEC-EFTA Agreements .
Two sorts of changes- are necessary
V     permanefit changes,' to' take , for example , cognisance of Greek aS an \
      official language of the Conmunity , and                             -V
              9
-     transitional arrangements to take account of the fact that the EFTA
      countries will have a different rate of duty for ECSC products
      applicable to Greece and the rest of the Community until 1 January
      1986 .
The transitional arrangements , which were agreed with all the EFTA             ,
countries except Austria , at the time the Additional Protocols were
negotiated 'consist of measures designed to avoid deflection of "Greek"
 goods via the rest of the Community to the EFTA . countries , or via the
 EFTA countries to the rest of the Community so as to avoid paying the
duties applicable to Greece .
                        /                            i
 These measures consist of a clause saying that duty is .chargeable according
 to the place of issue of the document certifying origin and a clause
 stipulating that such documents can only be issued in the Community of
Nine or in an EFTA country if "Greek", goods are concerned if these goods
have paid the duties applicable in intra-community trade or Greek-EFTA
 trade respectively .
 The attached draft model Joint Commit tee Decisions are suggested as the
 common Community position in the various EEC-EFTA Joint Committees .., The
 Iceland version is slightly different for technical reasons .                  _
 For reasons of simplicity and clarity a model draft Council Regulation
 applying the Joint Committee Decisions in the Community have been included .
 ---pagebreak---                                                                                                                                    L
                                 ''OUNCII, T ,i vjiXATION ( EEC ) No .                 /8Q
                                                            of
  • on the application c.                           sion No .               /80 of the EEC-         ( 1 ) Joint Committee
                                          ι
       amending Protocol \v. 2 oncer mng the definition of the concept of 'originating
       products' and methods of :oministrative cooperation to take account of the • accession
       of the Hellenic Republic ..o the 1 Community '                                                              /
       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 the Agreement between the European Economic Community and .                                                    ( 2 ) (?)
       was signed on .                            ( 4 ) and entered into force on                              (5 );
       Whereas the Agreement between the Member States of the European Coal and Steel
      Community and the European Coal and Steel Community on the one hand and                                              ' (2 ) ( 3 )
      on the other hand was signed on                                          ( 4 ) and entered into force on                     ( 5 );
      Whereas, by virtue of Articles                             ( 6 ) respectively of the Protocols, which form
. - integral parts of the above Agreements to the aforesaid Agreements consequent
                                                                             4
      on the accession of the Hellenic Republic to the Community , the EEC -                                             (1)
      Joint Committee has adopted Decision No                                     /80 amending Protocol Mo 3 to take
      account of the accessionof the Hellenic Republic to the Community ;
      (1)      Austria , Finland , Norway , Portugal , Sweden , Switzerland
      ( 2)     The Republic of Austria , the Republic of' Finland , The Kingdom of Norway , .
               the Portuguese Republic , the Kingdom of Sweden , the Swiss Confederation
      ( 3 ) Austria , Sweden , Switzerland                       OJ No L 300 of 31.12.1972
               Finland ; OJ No L 320 of 23.11.1973
             . Norway : OJ No I. 17.' of 27.6.1973 '                                         '    .                  • ■ '
               Portugal : OJ io L 301'of 31.12.1972
      ( 4)     Austria , Portugal , Beelen , Switzerland : 22 July 1972
               Norway : 14 May 197.S                         ' /                                                   .
               Finland, : 5 Oe --.cb<.          IS 73
      ( 5.) Austria , Portu-j^l Swe -len , Switzerland : 1 January 1973
               Norway : 1 - .;!/ 1                                                             •"
               Finland ; 1 Janua.'.             '                                    ,
     ( 6 ) Finland, Ne wsy , •                         .: li and 9
           •   Swi LzT.cJ.anc - 10 n-                                     ■                                '
              J;uí:' r.. a / P. JÍ .   ■-   . w
                                                  or. kaovirJ
                                                            ^  ,
 ---pagebreak---                                                                                      )
Wnereas it is              ary    ipply this Decision in the Community ;
HAS ADOPTED THIS REGULATION :                                       .
Article
1 »
            1
                                                         /
Fof the application of the Agreement between the European Economic Community and
               ( 1 ) , Joint Committee Decision No .       /80 shall be applied in
the Community .
The text of the Decision is annexed to this Regulation .
                      t
Article 2
This Regulation shall enter into force on 1 January 1981 .
This Regulation shall be binding in its entirety and directly applicable in all
Member States .
Done at Brussels ,
                                                  For the Council
                                                  The President
  ( 1 ) The Republic' of Austria , the Republic of Finland , the Kingdom of Norway ,
    the Portuguese Republic , the Kingdom of Sweden , the Swiss Confederation
 ---pagebreak---   JOINT COMMITTEE . DECISION        No             / 80 Of       1980
  amending Protocol No 3 concerning the definition of the concept of " originating
 products " and methods of administrative cooperation to take account of the
accession of the Hellenic Republic to the Community
       JOINT COMMITTEE :
  Having regard to the Agreement between the European Economic Community and
           ( 1 ) signed in Brussels on                  ( 2 );
 Having regard to the Protocol to the aforesaid Agreement consequent on the
 Accession of the Hellenic Republic to the Community and in particular Article
   * thereof ;                    /
 Having regard to the Agreement between the Member States of the European Coal
 and Steel Community and the European Coal and Steel Community on the one hand
 and             ( 1 ) on the other hand * signed in Brussels on           (2 ) ;
 Having regard, to the Additional Protocol to this latter Agreement consequent
 to the accession of the Hellenic Republic, to the Community and in particular
 Article "i+" thereof ;
 Whereas Protocol No 3 concerning the definition of the concept of " originating
 products " and methods of administrative cooperation needs amending consequent
 upon Greek accession, to the European Communities both in respect of technical
 amendments and transitional arrangements to correctly .impl en-ant the trade ,
 regime contained in trie Protocols consequent on the accession of the Hellenic
 Republic to the Community
( 1 ) the Republic of Austria , the Republic - of Finland, the Kir-gdcm of Norway ,
       the Portuguese Republic , the . Kingdom of Sweden , the Swiss Confederation ,
( 2 ), Austria , Portugal , Sweden , Switzerland. : 22 July 1972
       Norway ; 14 May 1973               '                              .
       Finland : 4 October 1973                                              ■
       Finland , Norway , Sweden     ' 11
       Switzerland                     10
       Austria , Portugal             /not known /
       Finland , Norway , Sweden       9
       Switzerland                     8
       Austria , Portug ? .           /not known /
 ---pagebreak--- Whereas the transitional arrangements should ensure the correct implementation
of this trade regime between the Community as constituted before the accession
 of Greece ( hereinafter referred to as the Community of Nine ) and the Hellenic
 Republic on the one hand and                     ( 1 ) on the other hand, . <
 HAS DECIDED AS FOLLOWS :
 Article 1' • ;                    .    ^ -
1.     Article 9(5 ) is amended by the insertion' of : M EKAOØEN EK TQN YZTEPQN" -
       af ter the phrase " UDSTEDT EFTERFØLGENDE".
2 . Article 9(6 ) is amended by the insertion of the word :" AWTTrPA(DO,V '' .
     after the word " DUPLICATE ",
3 . Article 13(5 ) is amended by the insertion of the phrase : n £irrA.ouoTeu |j £vn
    6 1 a& i Kacrf a"                                    -   -
     after the phrase " Vereenvoudigde procedure ".
4 . Article 24(2 ) is amended by the insertion of a new , indent " Greece "
     after the indent " Ireland ".                                 ,           ■
5 . Article 25(1 ) ( b)(1 ) and ( C ) are amended by the insertion of the phrase ■
     " Ireland, or from Greece" instead of the phrase "or from Ireland". '           _
6 . Article 25(2 ) is amended by the insertion of the phrase : "EOAPMOTH AF'SPOY 25.1
                                                                                 ■ »
     after the phrase " ART . 25 . 1 . OPFYLDT" .. ■' *
 Ine Republic of Austria ,, the Republic of Finland, the Kingdom of Norway,
   the Portuguese Republic , the Kingdom of Sweden , the Swiss Confederation .
 ---pagebreak--- Article 2 (!)
1.    Article 23(1 ) is amended by the addition of a new subparagraph as follows :
      " However , drawback of customs duty or benefit from an exemption from customs
      duty of whatever kind shall not be afforded to any originating products
      covered by the ECSC-                  ( 2 ) Agreement coming from Greece whether -these
      products are used in the manufacturing of products in the Community of
      Nine or in              ( 2 ) or re-exported in the same state from these territories
      with an EUR.l certificate or form EUR„2 issued or completed in the Community
      of Nine or in                     ( 2 ). "
2,    Article 25 is amended by the addition of a paragraph 5 as follows :
                                                  ( 3)
      " Where by virtue of Article 3                   of the Additional Protocol to the ECSC­
                ( 2 ) Agreement , a different tariff treatment is reserved for imports
      into           ( 2 ) from Greece or the Community of Nine the special treatment
      reserved for Greece shall apply to all products originating in the Community
      accompanied by a movement certificate EUR,1 issued in or a form EUR . 2 made
      out in Greece . "
3.    Explanatory Note 8 of Annex I is amended by the addition of the following
      after the first subparagraph :
      " For the purposes of Article 23 ( 1 ) the expression used in the second subpara­
      graph ''exemption of customs duty of whatever kind" also means                   in the case of
      goods re-exported, in the same state the application of the regimes applicable
      to free ports , customs warehouses or transit through                       ( 2 ) or the Commu­
      nity en route for another destination and any other regime where customs
      duty is only charged if the aooc's are                    retained for home use . "
Article 3
This Decision shall enter into force on 1 January 1981 .
Done at Brussels ,                                                For the Joint Committee
                                                                  The President
( 1 ) Article 2 shall app : y until 3'i December 1986 ,.
( 2 ) Austria , Finland , Norway , Portugal , Sweden , Switzerland .
( 3 ) Austria and Per . .          -hot known 7
 ---pagebreak---                                                                                      (
JOINT DECLARATION ( to be adopted by et.ch Joint Committee ) :
"     Tne contracting parties declare that the transitional measures adopted
      by Joint Committee Decision No        /80 to Protocol No 3 to take account
    ■ of the accession of the Hellenic Republic to the Community shall be examined ,
                                         /
       and if necessary revised , at the request of either partner , if experience has
      shown that the measures adopted have not been sufficient to prevent signi­
      ficant deflection of trade in relation to the transitional trade provisions
      adopted in the additional Protocol to the ECSC-.              ^ Agreement".
  ( 1 ) Austria , Finland,           Norway , Portugal , Sweden , Switzerland
 ---pagebreak---                                                                                             i
                  COUNCIL REGULATION ( EEC ) Mo .          /80
                                         of
on the application of Decision No ,               /8Q of the EEC- Iceland Joint. Committee
amending Protocol No 3 concerning the definition of the concept of 'originating
products' and methods of administrative cooperation to take -account of the accession
of the Hellenic Republic to the Community
TH2] COUNCIL OF .THE EUROPEAN COMMUNITIES .
Havipg regard to "the Treaty establishing the European Economic Community , and in
particular Article 113 thereof ,
Having regard to the proposal from the Commission ,
Whereas the Agreement between the European PJconomic Community and the Republic of
 Iceland ( 1 ) was signed, on 22 July 1972 and entered into force on 1 January 1973 ;
Whereas the Agreement between the Member States of the European Coal and Steel
Community arid the European Coal and Steel Community on the one hand and the Republic
of Iceland ( 2 ) on the other hand was signed ori 22 July 1972 and entered into force on
 1 April 1973 ;
Whereas by virtue of Article 12                   _            of the Protocol , which forms an
integral part' of the               Agreement, to the - former     Agreement, consequent .
on the accession of the Hellenic Republic to the Corarnunity , the EEC - Iceland
Joint Committee has adopted Decision No               /80 amending Protocol No 3 to .take
account of the adhesion of the Hellenic Republic to the Consrinjnity ;
  ( 1 ) OJ No L 301 ,  dl -> 12 „ 1972 , p. 2
   (2)
 ---pagebreak--- Whereas it is necessary to apply this Decision in the Community ;
HAS ADOPTED THIS REGULATION :            *
Article 1
For the application of the Agreement between the European Economic Community and
 Iceland ,           Joint Committee Decision No .       /80 shall be applied in
the Community . - .v-
The text of the Decision is annexed to this Regulation .
Article 2                                                               /      .
                                 '                                               ■[
This Regulation shall enter into force on 1 January 1981 .
This Regulation shall be binding in its entirety and directly applicable in all
Member States .
Done at Brussels ,
                                                For the Council
                                                The President
 ---pagebreak---  •                                                                                   .-L->
                                                                                   /
  JOINT CO^IT-' E E ^ i OCCIS 10 *»             / 30 of           19B0
 amending Protocol to 3 concerning the definition' of the concept of " originating
products " and iretnocs of adiri3.ni.3tr stive cooperation, to take account of the
accession °f the Hellenic Republic to the Community .
 THE JOINT COf'iMITTEi; :
 Having regard to the Agreement between, the European Economic Community and the
 Republic cf Iceland ( 1 ) signed in Brussels on 22 July 1972 ;
 Having regard to the Protocol to the aforesaid Agreement consequent on the
 Accession of the Hellenic Republic to the Community and in particular Article
 10 thereof :
                    t                         ,
Having regard to the Agreement ' between the Merrber States of the European. Coal
and Steel Community and the ?Juropean Coal and Steel Community on one hand and
the Republic of Iceland on the other part (. 2 ), signed in Brussels on 22 July 1972 ;
Having regard to the Additional Protocol to this latter Agreement consequent
to the accession of the Hellenic Republic to the Community and in particular
Article 3 thereof ;
Whereas Protocol No 3 concerning the definition of the concept of " originating
products " and methods of adnin istr ati ve cooperation needs amendj.*.ig consequent
upon Greek accession to the European Ooiruiunities both in respect of technical
amendments and transitional arrangements to correctly ixiplerr-«?<x the trade
regime contained in the Protocol • consequent on the accession of the Hellenic
Republic to the Community . .
   ( 1 ) 0J No L 301 ,. 31 , 12 , 1972 , p. 2
   (2)
 ---pagebreak---   Whereas any transitional arrangements should ensure the correct implementation
  of 'the trade regime between the Community as constituted before the accession
  of Greece ( hereinafter referred to as the Community of Nine ) and the Hellenic
  Republic on the one hand and the Republic of Iceland on the^other hand,
  HAS DECIDED AS' FOLLOWS :                                                     .   ' :
 Article 1
 1 . Article 9(5 ) is amended by the insertion of : "EKAO0EN EK TQN Y£TEPQNn
          after the phrase " UDSTEDT EFTERF0LGENDE ".
 2 .- Article 9(6 ) is amended by the insertion 6f the word : "ANTirPAOO"
        after the word " DUPLICATE". .         v
 3 . Article 13(5 ) is amended by the . insertion of the phrase : " JorXouoreuufivn
        6ia6i Kaafa"
        after - the phrase " Vereenvoudigde procedure ". . •
■4 . "- Article 24(2 ) is amended by the insertion of a new indent " Greece " :
        after the indent " Ireland ". .
 5 . Article 25(1)(b)(1 ) and ( C ) are amended by the insertion of the phrase
        " Ireland, or from Greece " instead of the phrase " or from Ireland".
 6 . Article 25(2 ) is amended by the insertion of the phrase : "EOAPMQTH AP0POY 25
        after the phrase " ARt.25.1 OPFYLDT".                ■ :
 ---pagebreak--- Article 2       (1)
1.     Article 23(1 ) is amended by the addition of a new subparagraph as follows :
       " However , drawback - of customs duty - or benefit from an exemption from customs
       duty of whatever kind shall not be afforded to any originating products
       covered by the ECSC-Iceland Agreement coming from Greece whether these
       products are used in the manufacturing of products in the Community . of
       Nine or in Iceland or re-exported' in the same state from these territories
       with an EUR.1 certificate or form EUR . 2 issued or completed in the Community
       of Nine or in Iceland ".
2.     Article 25 is amended by the addition of a paragraph 5 as follows :       .
                  /
       " Where by virtue    of an exchange of letters carried out in accordance with
         Article 3 of the Additional Protocol to the ECSC-Iceland Agreement , a
         different tariff treatment is introduced for imports into Iceland from-
         Greece or the Community of Nine - the special treatment reserved for Greece
         shall apply to alt products originating in the Community accompanied by
         a movement certificate EUR.1    issued in or a form EUR . 2 made out in Greece .
 3.      Explanatory Note -8 of Annex I is amended by the addition of the following
         after the 1st sub-paragraph :
         " For the purposes of Article 23(1 ) the expression used in the 2nd Sub­
          . paragraph " exemption of customs duty of whatever kind " also mean.s   in
            the case of goods re-exported in the same state      the application of the
            regimes applicable to free ports , customs warehouses or transit through
             Iceland '   or the Community en route for another destination and any
            other regime where customs duty is only charged if the goods are
            retained for home use .   "
 Article 3
 This Decision shall enter into force on 1 January 1981 .
 Done at Brussels ,           1980
                                                   For the Joint Committee
                                   <               The President
 ( 1 ) Article 2 shall atply until 31 December 1986 .
 ---pagebreak--- JOINT DSCXA'Ic . riOiv '■ v-o be adopted by .i-ha Joint Committee ) :
"  The contracting parties declare that the transitional measures adopted
   by Joint Committee Decision No              /80 to Protocol No 3 to take account
   of the accession of the Hellenic Republic to the Community shall be examined ,
   and if necessary revised , at the request of either partner , if experience has
   shown that the measures adopted have not been sufficient to prevent signi­
   ficant deflection of trade in relation to any transitional trade provisions
   adopted in accordance with the additional Protocol to the ECSC-Iceland Agreement "