CELEX: 21973D1217(04)
Language: en
Date: 1973-11-26 00:00:00
Title: Decision No 9/73 of the EEC-AUSTRIA Joint Committee supplementing and amending Articles 24 and 25 of Protocol No 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation

17. 12 . 73                         Official Journal of the European Communities                              No L 347/ 13
                               DECISION No 9/73 OF THE JOINT COMMITTEE
              supplementing and amending Articles 24 and 25 of Protocol No 3 concerning the
              definition of the concept of 'originating products' and methods of administrative
                                                      cooperation
THE JOINT COMMITTEE ,                                             Kingdom, from the tariff provisions in force in
                                                                  Austria or in the latter two countries and covered
                                                                  by Article 3 ( 1 ) of the Agreement :
Having regard to the Agreement between the Euro­
pean Economic Community and the Republic of Aus­                  ( a ) products which meet the conditions of this
tria signed in Brussels on 22 July 1972 ;                               Protocol and for which a movement certifi­
                                                                        cate has been issued indicating that they have
Having regard to Protocol No 3 concerning the defi­                     acquired the status of originating products and
nition of the concept of 'originating products' and                     have undergone any additional processing so­
methods of administrative cooperation (hereafter re­                    lely in Austria or in the two countries referred
ferred to as 'Protocol No 3 ') and in particular Ar­                    to above or in the other five countries speci­
ticle 28 thereof;                                                       fied in Article 2 of this Protocol ;
Whereas Decision No 6/73 of the Joint Committee                   ( b ) products, other than products of Chapters 50
of 6 February 1973 amended Article 25 ( 1 ) of Proto­                   to 62, which meet the conditions of this Pro­
col No 3 to avoid, to the detriment of originating                      tocol and for which a movement certificate
products within the meaning of the Agreement of                         has been issued indicating:
22 July 1972, distortions of sources of supply which
could arise until customs duties are abolished be­
tween the Community as originally constituted and                        1 . that they have been obtained by the pro­
Ireland on the one hand, and Austria on the other ;                           cessing of goods which, upon export from
whereas that Decision has consequently amended Ar­                           the Community as originally constituted
ticles 23 and 24 ;                                                            or from Ireland, had already acquired
                                                                              there the status of originating products ;
Whereas, taking account of the emergence of further
risks of distortion of sources of supply, new amend­                     2. and that the added value acquired in Aus­
                                                                              tria or in the two countries referred to
ments should be made to Article 25 ( 1 ) of Protocol
No 3 ,                                                                        above or in the other five countries speci­
                                                                              fied in Article 2 of this Protocol represents
                                                                              50 % or more of the value of those pro­
                                                                              ducts ;
 HAS DECIDED :
                                                                   ( c) products listed in column 2 below which meet
                                                                         the conditions of this Protocol and for which
                         Article 1
                                                                         a movement certificate has been issued indi­
                                                                          cating that they have been obtained by the
 The text of Article 25 ( 1 ) of Protocol No 3 is repla­                 processing of goods listed in column 1 be­
 ced by the following :                                                  low which, upon export from the Community
                                                                         as originally constituted or from Ireland, had
     ' 1 . The following products may benefit, upon                      already acquired there the status of origina­
     import into Austria or Denmark or the United                         ting products.
 ---pagebreak--- No L 347/ 14                        Official Journal of the European Communities                                     17. 12 . 73
                          Column 1                                                         Column 2
                        Products used                                                  Products obtained
 1.   ex 11.08      Maize and potato starches                   ex 35.05          Starch glues
 2.      73.12     Hoop and strip, of iron or steel, hot-rolled     73.18         Tubes and pipes and blanks therefor, of
                    or cold-rolled                                                iron (other than of cast iron) or steel ,
                                                                                  excluding high-pressure hydro-electric
                                                                                  conduits
 3.      74.01      Copper matte ; unwrought copper (refined       74.03          Wrought bars, rods, angles , shapes and
                   or not), copper waste and scrap                                sections, of copper ; copper wire
                                                                   74.04          Wrought plates, sheets and strip, of
                                                                                  copper
                                                                   74.05          Copper foil (whether or not embossed ,
                                                                                  cut to shape, perforated, coated, printed,
                                                                                  or backed with paper or other reinforcing
                                                                                  material), of a thickness (excluding any
                                                                                  backing) not exceeding 0-15 mm
                                                                    74.06         Copper powders and flakes
                                                                    74.07         Tubes and pipes and blanks therefor,
                                                                                  of copper ; hollow bars of copper
                                                                   74.08          Tube and pipe fittings (for example,
                                                                                  ioints elbows , sockets and flanges), of
                                                                                  copper
                                                                    74.10         Stranded wire, cables, cordage, ropes,
                                                                                  plaited bands and the like, of copper
                                                                                  wire, but excluding insulated electric
                                                                                  wires and cables
                                                                    85.23         Insulated (including enamelled or anodi­
                                                                                  zed) electric wire, cable, bars, strip and
                                                                                  the like (including co-axial cable), whether
                                                                                  or not fitted with connectors
 4.      75.01      Nickel mattes , nickel speiss and other         75.02         Wrought bars , rods , angles , shapes and
                    intermediate products of nickel metal­                        sections , of nickel ; nickel wire
                    lurgy ; unwrought nickel (excluding elec­
                   tro-plating anodes); nickel waste and            75.03         Wrought plates , sheets and strip , of
                    scrap                                                         nickel ; nickel foil ; nickel powders and
                                                                                  flakes
                                                                    75.04         Tubes and pipes and blanks therefor, of
                                                                                  nickel ; hollow bars, and tube and pipe
                                                                                  fittings (for example, joints , elbows ,
                                                                                   sockets and flanges), of nickel
 5.   ex 85.24      Carbon electrodes                           ex 85.24          Graphite electrodes
 6.   Materials not falling within Chapters 50 to 62            All products falling within Chapters 50 to 62
 7.   ex Chapters Fibres, yarn, monofil and strip of textile    All products of Chapters 50 to 62 containing two or more
         50 to 57 materials, other than those predominating     textile materials
                    in weight provided that their weight does
                    not exceed 10% of the total weight of
                    all the textile materials incorporated in
                    the finished product
 8.   ex Chapters Yarn                                          ex 60.04           Under-garments, complete and ready to
         50 to 59                                                                  wear
                                                                ex 60.05           Outer garments and other articles,
                                                                                   complete and ready for wear or use ,
                                                                                   other than blankets
 ---pagebreak--- 17. 12 . 73                             Official Journal of the European Communities                              No L 347/ 15
                             Column 1                                                         Column 2
                          Products used                                                  Products obtained
 9.     ex Chapters Woven fabric, not embroidered, provided        ex 62.02          The following products , embroidered :
            50 to 59  that the value of the woven fabric does                        table linen , curtains, table runners ,
                      not exceed 50% of the value of the                             chair-backs ; arm-rests and cushion covers
                      finished product                                               (excluding bed linen) and furnishing
                                                                                     articles for churches and similar places of
                                                                                     worship
10 .    ex Chapters Trimmings and accessories (excluding           All products falling within Chapter 60, heading Nos 61.01
            50 to 62 linings)                                      to 61.04, 61.06, 61.07, 61.09 to 61.11 (complete and ready
                                                                   to wear), 61.05 (complete and ready for use), and products
                                                                   falling within heading No 61.08 and Chapter 62
11 .    ex 57.07      Sisal yarn                                   ex 58.02          Sisal carpets
12.         50.03     Silk waste (including cocoons unsuitable
                      for reeling, silk noils and pulled or
                      garnetted rags)
            56.03     Waste (including yarn waste and pulled       All goods falling within Chapters 50 to 62
                       or garnetted rags) of man-made fibres
                       (continuous or discontinuous), not carded,
                       combed or otherwise prepared for
                       spinning
13 .         53.05     Sheep's or lambs' wool or other animal       All goods falling within Chapters 50 to 57
                       hair (fine or coarse), carded or combed
14       ex 56.01      Synthetic textile fibres (discontinuous ),       All goods falling within Chapters 50 to 57 , except
                       not carded, combed or otherwise pre­             heading No 56.04 : man-made fibres (discontinuous or
                       pared for spinning                               waste), carded , combed or otherwise prepared for
                                                                        spinning
         ex 56.02      Continuous filament tow for the manu­            The following goods falling within Chapters 58 to 62 :
                       facture of   synthetic textile fibres (dis­      ex 59.01 :    Sanitary towels
                       continuous)
                                                                        ex 59.04 :    Twine, cordage, ropes and cables, plaited
                                                                                      or not, other than single yarn composed
                                                                                      solely of continuous synthetic textile
                                                                                      fibres
 15.     ex 56.01      Fibres and continuous filament tow of        ex 59.02          Needleloom felt, whether or not impreg­
         ex 56.02       poly -propylene, provided that their value                    nated or coated
                       does not exceed 40 % of the value of the
                       finished good
 16.     ex Chapters Yarn                                           ex 50.09          Woven fabrics, dyed, containing 80% or
             50 to 57                                                                 more by weight of silk or waste silk other
                                                                                      than noil
                                                                    ex 51.04          Woven       fabrics of  man-made     fibres
                                                                                      (continuous), flocked
                                                                    ex 55.09          Other woven fabrics of cotton flocked
                                                                    ex 55.09           Organdies, bleached,     mercerized   and
                                                                                      parchmentized
                                                                    ex 56.07          Woven       fabrics of  man-made     fibres
                                                                                       ( discontinuous or waste), flocked
                                                                        58.01         Carpets, carpeting and rugs, knotted
                                                                                       ( made up or not)
                                                                    ex 59.01           Sanitary towels
 ---pagebreak--- No L 347/ 16                        Official Journal of the European Communities                              17. 12 . 73
                          Column I                                                   Column 2
                       Products used                                            Products obtained
                                                                ex 59.15   Textile hosepiping and similar tubing in
                                                                           which linen or true hemp or both
                                                                           materials together represent not more
                                                                           than 50% of the weight of the textile
                                                                           components
                                                                ex 59.17   Bolting cloth
                                                                ex 59.17   Textile articles other than the goods
                                                                           denned in Note 5 ( a ) to Chapter 59
                                                                ex 60.03   Stockings, under-stockings , socks, ankle­
                                                                           socks, sockettes and the like, complete
                                                                           and ready to wear
                                                                ex 60.06   Articles of the kinds falling within
                                                                           heading Nos 60.02 to 60.05 , knitted or
                                                                            crocheted      and    elastic or rubberized
                                                                            complete and ready to wear or ready
                                                                            for use
17 .  ex Chapters Single yarn                                       59.05   Nets and netting made or twine, cordage,
          50 to 59                                                          or rope, and made up fishing nets of
                                                                            yarn , twine, cordage or rope
                                                                    59.06   Other articles made from yarn , twine,
                                                                            cordage, rope or cables, other than textile
                                                                            fabrics   and     articles  made from   such
                                                                            fabrics
18 .  ex Chapters Single yarn                                    ex 58.08   Knotted net fabrics, having a uniform
          55 and 56                                                         square or diamond-shaped mesh knotted
                                                                            at each corner, entirely made of cotton
                                                                             or synthetic textile fibres
19 .  ex 51.01      Yarn of synthetic textile fibre (con­        ex 58.08   Knotted net fabrics , having a uniform
                    tinuous), not put up for retail sale                    square or diamond-shaped mesh knotted
                                                                             at each corner, entirely made of cotton
                                                                            or of synthetic textile fibres
      ex 51.02      Monofil , strip ( artificial straw and the   ex 59.04   Twine, cordage, ropes and cables, plaited
                    like) and imitation catgut, of synthetic                 or not other than single yarn composed
                    textile materials                                        solely of continuous synthetic textile
                                                                             fibres
                                                                    59.05    Nets and netting made of twine , cordage
                                                                             or rope, and made up fishing nets of
                                                                             yarn , twine, cordage or rope
                                                                    59.06    Other articles made from yarn , twine ,
                                                                             cordage, rope or cables, other than textile
                                                                             fabrics and articles made from such
                                                                             fabrics
20.    ex 51.01     Yarn, monofil , strip (artificial straw and     58.06    Woven labels , badges and the like, not
       ex 51.02     the like) and imitation catgut, of cupram­               embroidered, in the piece, in strips or
       ex 56.05     monium fibres                                            cut to shape or size
 21 .  ex 51.02     Monofil of polyesters                        ex 59.17    Fabrics    ( other than felted fabrics of
                                                                             textile fibres), of a kind commonly used
                                                                             in machinery for making or finishing
                                                                             cellulosic pulp, paper or paperboard ,
                                                                             including fabrics of tubular or endless
                                                                             kind
 ---pagebreak--- 17 . 12. 73                              Official Journal of the European Communities                                No L 347/ 17
                               Column 1                                                       Column 2
                             Products used                                                Products obtained
22 .    ex Chapters Fabric and other products except those               59.10        Linoleum and materials prepared on a
            50 to 59 falling within heading Nos 59.10 and                             textile  base   in  a   similar  manner to
                         59.11                                                        linoleum, whether or not cut to shape or
                                                                                      of a kind used as floor coverings ; floor
                                                                                      coverings consisting of a coating applied
                                                                                      on a textile base, cut to shape or not
                                                                     ex 59.11         Plates, sheets and strip, of expanded
                                                                                      foam or sponge rubber, combined with
                                                                                      textile fabric
23 .    ex Chapters Fabric (excluding linings), provided that         ex 61.01        Men's and boys' outer garments complete
            50 to 59 the value of the fabric (linings, trimmings                      and ready to wear
                         and accessories not included) does not
                         exceed 45 % of the value of the finished     ex 61.02        Women's , girls' and infants' outer gar­
                         good                                                         ments, complete and ready to wear, of
                                                                                      the following kinds : frocks, skirts, jackets,
                                                                                      trousers (other than trousers whose
                                                                                      fabric falls within heading Nos 55.08
                                                                                      and 55.09), suits (consisting of a jacket
                                                                                      and skirt or a jacket and trousers) and
                                                                                      coats
24 .     ex Chapters Fabric, including knitted or crocheted           ex 61.09         Brassieres, corsets, corset-belts, suspender
            50 to 60 fabric, provided that the value of the                            belts, girdle corsets and other articles
                         fabric does not exceed 40 % of the value                      designed for wear as body-supporting
                         of the finished good                                          garments, whether or not elastic, complete
                                                                                       and ready to wear.
                This paragraph shall only apply to products which by virtue of this Agreement and of
                the Protocols annexed thereto will benefit from the abolition of customs duties at the
                conclusion of the period of tariff dismantling laid down for each product. This para­
                graph shall cease to be applicable upon the expiry of the period of tariff dismantling
                laid down for each product.'
                                                              Article 2
                1 . The text of Article 24 ( 1 ) of Protocol No 3 is replaced by the following :
                    'Movement certificates may, where appropriate, be required to indicate that the
                    products to which they relate have acquired the status of originating products and
                    have undergone any additional processing under the conditions set out in Article 25
                    ( 1 ) until the date from which the customs duties applicable to the said products are
                    abolished between the Community as originally constituted and Ireland on the one
                    hand, and Austria on the other.'
                2. Note 12, Articles 24 and 25 of Annex I to Protocol No 3 is deleted.
                                                              Article 3
                This Decision replaces Decision No 6/73 of the Joint Committee of 6 February 1973 .
                Done at Brussels, 20 August 1973 .
                                                                             For the Joint Committee
                                                                                  The Chairman
                                                                                   R. REITERER
                                 The Secretaries :
                H. MICHITSCH                 A. SLINGERLAND