CELEX: 
Language: en
Date: 1973-12-17 00:00:00
Title: Regulation (EEC) No 3352/73 of the Council of 22 November 1973 on the application of Decision Nos 3/73, 4/73 and 5/73 of the EEC/Norway Joint Committee on customs matters #Annex Decision No 3/73 of the Joint Committee laying down the methods of administrative cooperation in the customs field for the purpose of implementing the Agreement between the European Economic Community and the Kingdom of Norway #Decision No 4/73 of the Joint Committee on Protocol No 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation #Decision No 5/73 of the Joint Committee on A.W.1 certificates contained in Annex VI to Protocol No 3

17. 12. 73                              Official Journal of the European Communities                         No L 347/ 1
                                                                I
                                            (Acts whose publication is obligatory)
                             REGULATION (EEC) No 3352/73 OF THE COUNCIL
                                                    of 22 November 1973
             on the application of Decision Nos 3/73, 4/73 and 5/73 of the EEC/Norway Joint
                                               Committee on customs matters
THE COUNCIL OF THE EUROPEAN                                        Whereas it is necessary to apply these Decisions in
COMMUNITIES ,                                                      the Community,
Having regard to the Treaty establishing the Euro­                 HAS ADOPTED THIS REGULATION :
pean Economic Community, and in particular Article
113 thereof;
                                                                                         Article 1
Having regard to the proposal from the Commission ;
                                                                   For the purpose of implementing the Agreement bet­
                                                                   ween the European Economic Community and the
Whereas an Agreement 0 ) between the European                      Kingdom of Norway, the Decision Nos 3 /73 ,
Economic Community and the Kingdom of Norway                       4/73 and 5 /73 of the Joint Committee of 26
was signed on 14 May 1973 , and entered into force                 July 1973 , annexed to this Regulation, shall apply in
on 1 July 1973 ;                                                   the Community.
Whereas pursuant to Articles 16 and 28 of Protocol
No 3 concerning the definition of the concept of ' orig­                                  Article 2
inating products ' and methods of administrative
cooperation which is an integral part of that Agree­               This Regulation shall enter into force on the third
ment, the Joint Committee adopted certain Decisions                day following its publication in the Official Journal
on customs matters on 26 July 1973 ;                               of the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 22 November 1973 .
                                                                                      For the Council
                                                                                        The President
                                                                                      J. KAMPMANN
 (!) OJ No L 171 , 17. 6. 1973 , p . 2.
 ---documentbreak--- No L 347/2                           Official Journal of the European Communities                            17. 12. 73
                                                         ANNEX
                                  DECISION No 3/73 OF THE JOINT COMMITTEE
               laying down the methods of administrative cooperation in the customs field for the
               purpose of implementing the Agreement between the European Economic Community
                                               and the Kingdom of Norway
THE JOINT COMMITTEE,                                            This request shall be made out on one of the forms
                                                                as shown in Annexes V and VI of Protocol No 3 .
                                                                The form must be completed in accordance with the
Having regard to the Agreement between the Euro­                provisions of Protocol No 3 .
pean Economic Community and the Kingdom of
Norway signed at Brussels on 14 May 1973 ;
                                                                2. The exporter or his representative shall submit
Having regard to Protocol No 3 on the definition of             with his request any appropriate supporting docu­
the concept of 'originating products' and methods               ment proving that the goods to be exported qualify
                                                                for the issue of a movement certificate .
of administrative cooperation, and in particular
Article 16 thereof;
                                                                                        Article 3
Whereas it is necessary, for the proper functioning of
the Agreement, to organize close administrative co­
operation between the Contracting Parties to the                1 . It shall be the responsibility of the customs
Agreement to ensure correct and uniform application             authorities of the exporting country to ensure that
of the customs provisions contained therein, in par­            forms referred to in Article 2 are duly completed. In
ticular those of Protocol No 3 concerning the defi­             particular, they shall check whether the space reserved
nition of the concept of 'originating products' and             for the description of the goods has been completed
methods of administrative cooperation,                          in such a manner as to exclude any possibility of
                                                                fraudulent additions . To this end, the description of
                                                                the goods must be given without leaving any blank
                                                                lines . Where the space is not completely filled a
HAS DECIDED :                                                   horizontal line must be drawn below the last line of
                                                                the description, the empty space being crossed
                                                                through.
                         Article 1
                                                                2 . Since the movement certificate constitutes the
Where the term ' movement certificate' or ' movement
                                                                documentary evidence for the application of the pre­
certificates' is used in this Decision and it is not speci­     ferential tariff and quota arrangements laid down in
fied whether the certificate or certificates concerned          the Agreement, it shall be the responsibility of the
are of the type described in Article 8 ( 1 ) or Article         customs authorities of the exporting country to take
8 (2) of Protocol No 3 on the definition of the con­            any steps necessary to verify the origin of the goods
cept of 'originating products' and methods of ad­               and to check the other statements on the certificate .
ministrative cooperation, hereinafter referred to as
Protocol No 3 , the relevant provisions shall apply
equally to both types of certificate.
                                                                                        Article 4
                          Article 2
                                                                The A.N.I , movement certificate shall be issued by
                                                                the Customs authorities of a Member State of the
                                                                European Economic Community if the goods to be
1 . Under the responsibility of the exporter, he or             exported can be considered products originating in
his authorized representative shall request the issue           the Community within the meaning of Article 1 ( 1 )
of a movement certificate .                                     of Protocol No 3 .
 ---pagebreak--- 17. 12. 73                            Official Journal of the European Communities                             No L 347/3
                          Article 5                                   — the date of unloading and reloading of the
                                                                          goods and, where applicable, the names of the
The A.N.I movement certificate shall be issued by                         ships,
the customs authorities of Norway if the goods to be                  — certified proof of the Conditions under which
exported can be considered products originating in                        the goods have stayed in the transit country;
Norway within the meaning of Article 1 (2) of Proto­
col No 3 .                                                       ( c) or, failing such particulars, any documentary
                                                                      evidence .
                          Article 6                                                       Article 10
The A.W.I movement certificate shall be issued by                The date of issue of the movement certificate must
the customs authorities of a Member State of the                 be indicated in the part of the certificate reserved for
European Economic Community or of Norway if the                  the customs authorities .
goods to be exported can be considered products
originating in the Community, in Norway or in Aus­
tria, Finland, Iceland, Portugal, Sweden or Switzer­                                      Article 11
land within the meaning of Article 2 and, where
applicable, Article 3 of Protocol No 3 .                         The customs authorities of the Member States and
                                                                 Norway shall provide each other, through the Com­
                                                                 mission of the European Communities, with specimen
                          Article 7                              impressions of stamps used in their customs offices
                                                                 for the issue of movement certificates .
For the purpose of verifying whether the conditions
stated in Article 4, 5 and 6 have been met, the                                           Article 12
customs authorities shall have the right to call for any
documentary evidence or to carry out any check
which they consider appropriate.                                 It shall always be possible to replace one or more
                                                                 movement certificates by one or more certificates,
                                                                 provided that this is done at the customs office where
                                                                 the goods are located .
                          Article 8
 1 . A.W.I movement certificates must indicate the                                        Article 13
initials of certificates issued earlier followed by the
 numbers of those certificates. This reference may be             1 . When a certificate is issued within the meaning
 replaced by that of the export dossier.                         of Article 10 ( 1 ) of Protocol No 3 after the goods
                                                                 to which it relates have actually been exported, the
 2 . For the purpose of implementing Articles 2 and              exporter must in the application referred to in Article
3 . of Protocol No 3 , A.W.I movement certificates                9 of Protocol No 3 :
 must indicate the State in which the products used
 have acquired the status of originating products.
                                                                 - - indicate the place and date of exportation of the
                                                                      goods to which the certificate relates ;
                                                                 — certify that no certificate was issued at the time
                          Article 9                                   of exportation of the goods in question, and state
                                                                      the reasons .
Proof that the conditions set out in Article 7 of Pro­
 tocol No 3 have been met shall be provided by sub­
 mission to the customs authorities of the importing             2 . The customs authorities may issue a movement
 State of either :                                               certificate retrospectively only after verifying that the
                                                                 particulars supplied in the exporter's application
 (a) a single supporting transport document, made                agree with those on the corresponding document.
      out by the exporting State, under the cover of
      which the transit country has been crossed or               Certificates issued retrospectively must be endorsed
 ( b) a certificate issued by the customs authorities of         with one of the following phrases : 'Nachtraglich
      the transit country containing :                            ausgestellt', 'Delivre a Posteriori', 'Rilasciato a
                                                                 Posteriori', 'Afgegeven a Posteriori', 'Issued Retrospec­
      — an exact description of the goods,                        tively', 'Udstedt Efterf0lgende', 'Utstedt Senere'.
 ---pagebreak--- No L 347/4                           Official Journal of the European Communities                            17. 12 . 73
                          Article 14                            new certificate at the exporter's request if the treat­
                                                                ment or processing undergone is in conformity with
                                                                the provisions of Protocol No 3 .
In the event of the theft, loss or destruction of a
movement certificate, the exporter may apply to the
customs authorities which issued it for a duplicate
to be made out on the basis of the export documents
in their possession. The duplicate issued in this way
must be endorsed with one of the following words :                                     Article 18
'Duplikat', 'Duplicata', 'Duplicato', 'Duplicaat',
 'Duplicate'.
                                                                \ . Under the responsibility of the exporter, he or his
The duplicate, which must bear the date of issue                authorized representative shall complete and sign the
of the original movement certificate, shall take effect         two parts of form EUR.2, of which a model is
as from that date .                                             annexed to Joint Committee Decision No 4/73 .
                                                                If the goods contained in the consignment have al­
                                                                ready been subject to verification in the exporting
                          Article IS                            country by reference to the definition of the concept
                                                                of originating products, the exporter may refer to this
Movement       certificates  submitted to    the  customs       check in the space reserved for 'Remarks' in form
                                                                EUR.2 .
authorities of the importing country after expiry of
the time limit for their submission stipulated in
Article 11 of Protocol No 3 may be accepted for the             2. The exporter shall enter the title, 'EUR.2',
purpose of applying the preferential arrangements               followed by the serial number of the form on the
provided the failure to observe this time limit results         green label C 1 or customs declaration C 2/ CP 3 .
from force majeure or exceptional circumstances .
 In addition, the customs authorities of the importing
 country may accept such certificates provided the                                     Article 19
 goods have been presented to them before the expiry
 of the said time limit.
                                                                1 . Subsequent verifications of movement certificates
                                                                and of forms EUR.2 shall be carried out at random
                                                                or whenever the customs authorities of the importing
                          Article 16                            State have reasonable doubt as to the authenticity
                                                                of the document or the accuracy of the information
The discovery of slight discrepancies between the               regarding the true origin of the goods in question .
 statements made in the movement certificate and
 those made in the documents submitted to the                   2. For the purpose of implementing the provisions
 customs office for the purpose of carrying out the             of paragraph 1 above, the Customs authorities of the
 formalities for importing the goods shall not ipso             importing State shall return the movement certificate
 facto render the certificate null and void, provided           or Part 2 of form EUR.2, or a photocopy thereof, to
 it is duly established that the certificate corresponds        the customs authorities of the exporting State, giving,
 to the goods.                                                  where appropriate, the reasons of form or substance
                                                                for an inquiry. The invoice, if it has been submitted,
                                                                or a copy thereof shall be attached to Part 2 of form
                          Article 17                            EUR.2 and the customs authorities shall forward any
                                                                information that has been obtained suggesting that
                                                                the particulars given on the said certificate or the
 1 . The Member States and Norway shall take all                 said form are inaccurate .
 necessary steps to ensure that goods traded under
 cover of a movement certificate, which in the course
 of transport use a free zone situated in their territory,      If the customs authorities of the importing State
 are not substituted by other goods and that they               decide to suspend the provisions of the Agreement
 do not undergo handling other than normal oper­                while awaiting the results of the verification, they
 ations designed to prevent their deterioration .               shall offer to release the goods to the importer sub­
                                                                ject to any precautionary measures judged necessary.
 2. When products originating in the Community or
 Norway and imported into a free zone under cover of            3 . The customs authorities of the importing State
 a movement certificate undergo treatment or process­           shall be informed of the results of the verification as
 ing, the customs authorities concerned must issue a            soon as possible. These results must be such as to
 ---pagebreak--- 17 . 12 . 73                        Official Journal of the European Communities                             No L 347/5
make it possible to determine whether the disputed                                     Article 20
movement certificate or form EUR.2 applies to the
goods actually exported, and whether these goods               For the application of Article 25 ( 1 ) of Protocol No
can, in fact, qualify for the application of the prefer­       3 , movement certificates and forms EUR.2 may be
ential arrangements .                                          endorsed with one of the following expressions :
                                                               'Art. 25.1 gegeben', 'Application Art. 25.1 ', 'Appli­
                                                               cazione Art. 25.1 ', 'Art. 25.1 Voldaan', 'Art. 25.1
                                                               Satisfied', 'Art. 25.1 Opfyldt', 'Art. 25.1 Oppfylt'.
When such disputes cannot be settled between the
customs authorities of the importing State and those
of the exporting State or when they raise a question
as to the interpretation of Protocol No 3 , they shall         These expressions shall be authenticated, in the case
be submitted to the Customs Committee .                        of movement certificates, by means of the stamp used
                                                               by the appropriate customs office.
For the purpose of the subsequent verification of cer­                                 Article 21
tificates, the customs authorities of the exporting
country must keep the export documents, or copies              The initial and endorsements referred to in Articles
of certificates used in place thereof, for not less than       8 , 13 , 14 and 20 shall be added in the space in the
two years .                                                    certificate for 'Remarks '.
              Done at Brussels, 26 July 1973 .
                                                                       For the Joint Committee
                                                                            The Chairman
                                                                              B. BRUN
                             The Secretaries
               N. J. J0RGENSEN          J. von GRUMME
 ---documentbreak--- NA ---documentbreak--- No L 347/6                          Official Journal of the European Communities                             17. 12. 73
                                 DECISION No 4/73 OF THE JOINT COMMITTEE
                on Protocol No 3 concerning the definition of the concept of 'originating products'
                                      and methods of administrative cooperation
THE JOINT COMMITTEE ,                                          not containing mechanical pulp and weighing not
                                                               less than 64 g/m2. Form EUR.2 may be detached into
                                                               two parts .
Having regard to the Agreement between the Euro­
pean Economic Community and the Kingdom of
Norway signed in Brussels on 14 May 1973 ;                     The Member States of the Community and Norway
                                                               may reserve the right to print the forms themselves
                                                               or may have them printed by printers they have ap­
Having regard to Protocol No 3 concerning the defi­            proved. In addition, each part must bear the
nition of 'originating products' and methods of ad­            distinctive sign attributed to the approved printer
ministrative cooperation (hereafter referred to as             and a serial number .
'Protocol No 3 '), and in particular Article 28 there­
of;
Whereas it is necessary to adopt certain measures                                     Article 3
to adapt the provisions of Protocol No 3 to the
requirements proper to specific goods or to certain
modes of transport,                                            A form EUR.2 shall be completed for each postal
                                                               consignment. After completing and signing the two
                                                               parts of the form, the exporter shall, in the case of
                                                               consignments by parcel post attach the two parts to
HAS DECIDED :
                                                               the despatch note. In the case of consignments by
                                                               letter post, the exporter shall attach Part 1 firmly to
                                                               the consignment and insert Part 2 inside it.
                         Article 1
                                                               These provisions do not exempt exporters from com­
' Originating products' within the meaning of Pro­             plying with any other formalities required by customs
tocol No 3 which are postal consignments (including            or postal regulations.
parcels) shall, provided that the consignments contain
only originating products and the value does not ex­
ceed one thousand units of account per consignment,
benefit from the provisions of the Agreement on im­
port into the Community or Norway on presentation                                     Article 4
of form EUR.2 (see specimen in the Annex to this
Decision).
                                                               1 . The Community and Norway shall admit as orig­
                                                               inating products benefiting from the provisions of the
                                                               Agreement, without requiring the completion of a
                         Article 2                             form EUR.2, goods sent as small packages to private
                                                               persons provided such goods are not imported by
                                                               way of trade and have been declared as fulfilling the
Form EUR.2 shall be completed by the exporter. It              conditions required for the application of these pro­
shall be made out in one of the languages in which             visions and provided there is no doubt as to the accu­
the Agreement is drawn up and in accordance with               racy of such declaration .
the provisions of the domestic law of the exporting
State. If it is handwritten it must be completed in ink
and in block letters . Form EUR.2 shall be composed            2. Importations not by way of trade shall be impor­
of two parts, each part being 210 X 148 mm. The                tations which are occasional and consist solely of
paper used shall be white paper dressed for writing            goods for the personal use of the addressee or his
 ---pagebreak--- 17. 12. 73                         Official Journal of the European Communities                           No L 347/7
family, it being evident from the nature and quantity        Customs administrations, for the purpose of checking
of the goods that they have no commercial purpose.           the authenticity and accuracy of exporters' declar­
Furthermore, the total value of these goods must not         ations made on forms EUR . 2 .
exceed 60 units of account.
                                                                                     Article 6
                       Article 5
                                                             Penalties shall be imposed on any person who com­
In order to ensure proper application of this Decision,      pletes a form or has a form completed which con­
the Member States of the Community and Norway                tains inaccurate information for the purpose of en­
 shall assist each other, through their respective            abling goods to benefit from preferential treatment.
              Done at Brussels, 26 July 1973 .
                                                                    For the Joint Committee
                                                                         The Chairman
                                                                            B. BRUN
                            The Secretaries
              N. J. J0RGENSEN           J. von GRUMME
 ---pagebreak---  ---pagebreak---                       REQUEST FOR VERIFICATION                                                             RESULT OF VERIFICATION
   The undersigned Customs officer requests that the declaration by                  Verification carried out by the undersigned Customs officer
    the exporter on the front of this form be verified (*)                           shows that :
                                                                                    I     I     the statements and particulars given in this form are
                                                                                    I     1     accurate (');
                                                                                    I     j this form does not meet the requirements as to authen­
                                                                                    1     1 ticity and accuracy (see remarks appended) (')
                            ( Place and date of signature )                                                   ( Place and date of signature )
  •      Official   :                                                                       Official   ·
  :       stamp     :                                                                       stamp      \
                                                                                                       :                (Signature of Customs officer)
                                                                                    C ) Place an x where applicable
(*) Verification of the form is made on a sampling basis or whenever the customs authorities of the importing country have reasonable doubt as to the true origin
      of the goods in question or of constituents thereof .
      The Customs authorities of the importing country must send the form to the authorities of the exporting country responsible for verification , specifying the
      reasons of substance or form which justify an inquiry . Wherever possible they must attach to the form the invoice submitted to them or a copy thereof,
      and give any information v. hich it has been possible to obtain and which suggests that the particulars given in the form are inaccurate.
      If the Customs authorities of the importing country decide to suspend the provisions of the Agreement while awaiting the results of the verification , they
     shall offer to release the goods to the importer subject to such safeguards as may be considered necessary .
 ---pagebreak--- Footnotes for both Forms
(') Indicate the Contracting Parties to the transaction in respect of which the form has been completed.
(2 ) Refer to any verification already carried out by the appropriate authorities.
Instructions for the completion of form EUR.2
A. A form EUR.2 may be made out only for goods which in the exporting country meet the conditions specified by the provi­
     sions governing the trade referred to in space 2 .
     Those provisions must be studied carefully before the form is completed .
B. The exporter must give the reference 'EUR.2' followed by the serial number of the form either on green label CI or on
     customs declaration C2/CP3 .
C. After completing and signing the two parts of the form , the exporter must,
     — in the case of a consignment by parcel post, attach the two parts to the despatch note,
     — in the case of a consignment by letter post, attach Part 1 firmly to the consignment and insert Part 2 inside it.
 ---documentbreak--- NA ---documentbreak--- NA ---documentbreak--- 17. 12. 73                        Official Journal of the European Communities                      No L 347/ 11
                            DECISION No 5/73 OF THE JOINT COMMITTEE
                       on A.W.I certificates contained in Annex VI to Protocol No 3
           THE JOINT COMMITTEE ,
           Having regard to the Agreement between the European Economic Community and the
           Kingdom of Norway signed in Brussels on 14 May 1973 ;
           Having regard to Protocol No 3 on the definition of the concept of 'originating pro­
           duct's and methods of administrative cooperation (hereinafter: referred to as 'Protocol
           No 3 '), and in particular Article 28 thereof;
           Whereas it is desirable to adopt certain measures in order to permit the use, in the
           course of working or processing in conformity with the provisions of Article 2 of Proto­
           col No 3 , of certain 'originating products' within the meaning of the said Protocol
           which are without a movement certificate,
           HAS DECIDED :
                                                       Article
           In the case in which products originating in the Community, in Norway or in one or
           other of the six countries referred to in Article 2 of Protocol No 3 have been imported
           before 1 Judy 1973 either into Norway or the Community or into one or other of
           those six countries and have been used in the course of working or processing in con­
           formity with that Article, movement certificates A.W.I may be issued up to 31 Decem­
           ber 1973 inclusive, without the submission of previous movement certificates relating to
           these products being required provided that the customs authorities of the exporting
           country have made sure that those products satisfy the provisions of Title I of the said
           Protocol .
           Done at Brussels, 26 July 1973 .
                                                                  For the Joint Committee
                                                                       The Chairman
                                                                           B. BRUN
                            The Secretaries
           N. J. J0RGENSEN            J. von GRUMME