CELEX: 51978PC0528
Language: en
Date: 1978-10-23
Title: Draft DECISION OF THE JOINT COMMITTEE replacing the Unit of Account by the European Unit of Account in Article 8 of Protocol No 3 concerning the definition of the concept of "originating products" and methods of administrative co-operation#Draft JOINT COMMITTEE DECLARATION on the definition of the European Unit of Account and future revision of the levels expressed in Europaan Units of Account#Proposal for a COUNCIL REGULATION (EEC) on the application Joint Committee EEC-Decision (1) replacing the Unit of Account by the European Unit of Account in Article 8 of Protocol No 3 concerning the definition of the concept of originating products and methods of administrative co-operation (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 528
Vol. 1978/0192
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                      COM(28) - 528 final
                                                                      Brussels, 23 October 1978
                                                                   . O
                                      j                                    *       U »j
                                      \
                                Draft y
                   DECISION OF THE JOINT
                                      "
                                        DECISION OF THE JOINT . COMMUTEE^
                                                                COMMITTEE
                                                               T - •-
                                                           ^r
  replacing the Unit of Account by the European Unit of Account
  in Article 8 of Protocol No 3 concerning the definition of the
  concept of "originating products " and methods of administrative
                            co-operation
                                Draft
                   JOINT COMMITTEE DECLARATION
  on the definition of the European Unit of Account and future
  revision of the levels expressed In . Europaan Units .of Account.
                           Proposal for a
                     COUNCIL REGULATION < EEC >
  on the application Joint Committee EEC-Decision ( 1 ) replacing
  the Unit of Account by the European Unit of Account in Article ?
  of Protocol No 3 concerning the definition . ?f the concept of
  originating products and methods of administrative co-operation
                ( submitted by the Sown s * ion to the '.Council )
  C0M(78 ) 528 final
  ( 1 ) Austria ^ Finland , Iceland , Norway , Portugal , Sweden , Switzerland
 ---pagebreak---                   EXPLANATORY NOTE
1. The Commission has proposed to the Council that the unit of Account
   ( UA ) shall be replaced with the European Unit of Account ( EUA )
   generally by 1 January 1979 .    This proposal is entitled " the
   procedure for applying the European Unit of Account to the legal
   acts adopted by the Institutions of the European Communities ".     ,
   Article 14 ( 4 ) of the proposal states that the application of
   the EUA will for certain customs purposes ( which includes origin )
   be the subject of separate regulations .
2. The references to UA in the context of the rules of origin applicable
   to the EFTA countries are contained in Article 8 of the Protocol No 3.
   ( which form integral parts of the Agreements negotiated with these
   countries ).   These Articles can be altered by a Decision of the
   respective Joint Committees .
3. The annexed proposals contain :
   a ) a proposed model Joint Committee Decision to be adopted as the
   common negotiating position of the Community ,
   b ) a model Declaration to be adopted by the Joint Committee
   concerning the definition of the EUA , and stating' the equivalent
   of the EUA in currency terms to be Used until 30 April 1981 and
   certain elements concerning the method of future revisions ,
   c ) for reasons of clarity of presentation and administrative
   simplicity a model Council Regulation to apply the various Joint
   Committee Decisions .
4. UA is at present , .used in the origin Protocol No 3 for the purpose
   of quoting limits, below which           movement certificates EUR 1
   are not obligatory .    For shipments exceeding 1500 UA a movement
   certificate EUR 1 issued by the customs authorities has to be used
   as proof of originating status .    For shipments below this figure
   a form EUR 2 , which is completed by the exporter , may Joe used .
 ---pagebreak---                                 - 2 -
 For small postal packages for personal use no form need be used
 for values below    100 UA and for travellers baggage no form need
be used for values below 300 UA .
The proposed Decisions replace references to the UA with references
to the EUA with consequential changes to the figures quoted so as
to preserve the currency equivalents at present in use in the strong
currency countries .
The proposed new amounts in EUA are respectively 2400 EUA ( use of EUR 2 ),
165 EUA ( small consignments ) and 480 ( travellers baggage ).
It has been necessary , exceptionally , for reasons of administrative
simplicity and %o avoid the cumbersome procedure of changing Protocol No 3
every year , to allow for the use of amounts defined in terms of EUA 's,. fixed
at a certain base date for period of two years ..   From 1.1.79 to 30 . A. 81
the base date will be 30.6.78 , for all subsequent periods the             .
base date will be the first working day of October in the preceding
year , thus for- 1.5.81 to 1.5.83 the base date will be the first
working day in October 1980 .
Each automatic change of base date wilt imply that the amounts
expressed in EUA will need to be examined to see , as said in the     ,
                                                                  • ,  \
proposed joint Declaration
    i                                  •                  i    "
a)    that no amount expressed in national currencies is reduced ,
b ) whether an increase in necessary to preserve the real, value
of these amounts expressed in currency terms , as the use of
forms EUR 2 or other simplified procedures instead of EUR 1
should not be reduced by the effect of inflation .
                                             / ■
This is because these simplified procedures represent important
administrative simplification for traders and the general public
as well as for customs authorities , but have no economic effect
as the goods concerned must in any case originate .
 ---pagebreak--- AGREEMENT EEC-C1 )
THE JOINT COMMITTEE
                                           Draft
                                  DECISION     OF THE JOINT COMMITTEE
                                                           λ                       \
          replacing the Unit of Account by the European Unit of Accpunt
          in Article 8 of Protocol No 3 concerning the definition
         of the concept of "originating products " and methods of
         administrative co-operation
THE JOINT COMMITTEE-
Having regard to the Agreement between the European Economic Community
and the                       ( 2 ), signed in Brussels on                  ( 3 ),
Having regard to Protocol No 3 on the definition of the concept of
"originating products " and methods of administrative co-operation ,
hereinafter referred to as " Protocol No 3 ", and in particular Article
28 thereof ;
Whereas the unit of account is no longer appropriate to the current
international monetary situation it is necessary to find an alternative
so as to continue to have a common value basis for              determining when
forms EUR 2 may be used instead of movement certificates EUR 1 and
when no documentary evidence of origin is required .
Whereas the European Communities propose to replace the unit of account
with the European Unit of Account as from 1 January 1979 .
Whereas it is convenient to use the European Unit of Account to serve
as a common value basis .
                                                         \
 (1 ) Austna / Finland / Iceland / Norway / Portugal / Sweden / Switzerland
 (2)  the Republic of Austria , the Republic of Finland , the Republic
      of Iceland , the Kingdom of Norway , the Portugese Republic , the
      Kingdom of Sweden , the Swiss Confederation .
 (3)  Austria , Iceland , Portugal , Sweden , Switzerland : July 22 , 1972
      Norway : 14 May 1973 , Finland : 5 October 1973 .
 ---pagebreak---                                             - 2 -
Whereas for administrative and commercial reasons the common value basis
must remain fixed for periods of at least two years ,, and whereas , therefore ,
the European Unit     of Account to be used must exceptionally be fixed at a
base date to bis updated every two years ;
Whereas it is desirable to avoid a diminution in currency terms of the
common value basis in relation to the values in force ,
HAS DECIDED AS FOLLOWS :
Article 1
The text of Article 8 ( 1),(2 ) and ( 3 ) of Protocol No 3 concerning the
definition of the concept of "originating products " and methods of
administrative cooperation , shall be replaced by the following :
 1.  Originating products within the meaning of this Protocol shall , on
     importation into the Community or into                     ( 1 ), benefit from
     the Agreement upon submission of one of the following documents :
     a ) an EUR 1 movement certificate , hereafter referred to as"an EUR 1
          certificate ", a specimen of which is given in Annex V to this
          Protocol , or
     b ) a form EUR 2 , a specimen of which is given in Annex VI to this
          Protocol , for consignments consisting only of originating products
          and provided the value does not exceed 2400 European Units of
          Account per consignment .                                     '
  2.    The following originating products within the meaning of this
        Protocol shall , on importation into the Community or into                    ( 1 ),
        benefit from the Agreement without it being necessary to produce
        either of the documents referred to in paragraph 1 :
     a)    products sent as small packages to private persons , provided
           that the value of the goods does not exceed 165 European Units
           of Account ,
                                                                    •••/•■•
     ( 1 ) Austria / Fin land / Ice land / Norway / Portugal / Sweden / Switzerland .
 ---pagebreak---        b)   products forming part of travellers' personal luggage , provided
            that the value does not exceed 480 European Units of Account .
       These provisions shall be applied only when such goods are not imported
       by way of trade and have been declared as meeting the conditions required
       for the application of the Agreement , and where there is no doubt as to
       the veracity of such declaration .
       Importations which are occasional and consist solely of goods for the
       personal use of the recipients or travellers or their families shall
       not be considered as importations by way of trade if it is evident
       from the nature and quantity of the goods that no commercial purpose is
       in view .
   3.  Amounts in the national currency of the exporting State equivalent to
       the amounts expressed in European Units of Account shall be fixed by
       the exporting State and communicated to the other parties to the
       agreement .  When the amounts are more than the corresponding amounts
       fixed by the importing State , the importing State shall accept them if
       the goods are invoiced in the currency of the exporting State .
       If the goods are invoiced in the currency of another Community Member
       State or another State mentioned in Article 2 of Protocol No 3 , the
        importing State shall recognize the amount notified by the country
        concerned .
   4.  Up to and including 30 April - 1981 the European Unit of Account to be
       used in any given national currency shall be the equivalent in that
       national currency of the European Unit of Account as at 30 June 1978 .
       For each succeeding period of two years thereafter it shall be the
       equivalent in that national currency of the European Unit of Account
       as at the first working day in October in the year immediately
       preceding that two year period . "
2 . Paragraphs 4 and 5 of Article 8 Protocol No 3 shall be renumbered 5 and 6
    respectively .                     –-              -
    Article 2
This Decision shall enter , into force on 1 January 1979 .
Done at Brussels ,                             For the Joint Committee
                                               The President
 ---pagebreak---                                 - 4 -
   ~     '                      Draft
JOINT COMMITTEE DECLARATION ON THE DEFINITION OF THE EUROPEAN UNIT
OF ACCOUNT AND FUTURE REVISION OF THE LEVELS EXPRESSED IN EUROPEAN
UNITS . OF ACCOUNT                           .             .
1.    For the purposes of Article 8 of Protocol No 3 the European Unit
of Account shall be the sum of the following amounts in the currencies
of the Member States of the Community :
               German mark                     0.828
               Pound  Sterling                 0.0885
               French franc                    1.15
               Italian Lira                109
               Dutch gui Ider                  0.286
               Belgian franc                   3.66
               Luxembourg franc                0.14
               Danish Krone                    0.217
               Irish pound                     0.00759
2.    The equivalents of 1 EUA in the respective currencies as at
30 June 1978 are as follows . :   :
               German mark                     2.58101
               Pound Sterling                  0.668451
               French franc                    5.60057
               Italian lira               1062.79 .
               Dutch guilder                   2.77740
               Belgian franc                40.6953
               Luxembourg franc             40.6953
               Danish Krone                    7.01962
               Irish pound                     0.666451
               (1)
                                                             / 1
( 1 ) Add for each country as appropriate
                                                V to be inserted after being
Austrian schillings                              ~~ communicated by the country
Norwegian crowns                                    concerned ./
Swedish crowns              •         ' .
Finnish marks
Portugese escudos
Swiss francs
Iceland crowns
 ---pagebreak---                                  -  5  -
3.   The sums expressed in European Units of Account in that article shall
be reviewed whenever the base date changes having regard , among other
things , to the principle that there should be no decline in the actual
amounts expressed in any national currency and to the effects of inflation
since the last change of base date .     However the first review, in
1980 , shall take into account inflation since 1972 .
 ---pagebreak--- Proposal for a Council Regulation ( EEC )                            on the application
Joint Committee EEC-Decision ( 1 ) replacing the Unit of                      ' ji
Account by the European Unit of Account in Article 8 of Protocol No 3
concerning the definition of the concept of originating products and
methods of administrative co-operation
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 of the Commission ,
Whereas an Agreement between the European Economic Community and
                                 ( 2 ) ( 3 ) was signed on                         (4)
and entered into force on                                           ( 5 );
Whereas by virtue of Article 28 of Protocol No 3 concerning the
definition of the concept of originating products and methods of
administrative co-operation , which forms an integral part of the above
Agreement , the Joint Committee has adopted Decision No                               /78
replacing the Unit of Account by the European Unit of Account in Article 8
of that Protocol ;                              '
Whereas it is necessary to apply this Decision in the Community ,
                                                                                           • I
                    ' \ -             *  -                   "                               I
(1 )   Austria , Finland , Iceland , Norway , Portugal , Sweden , Switzerland
(2)    The Republic of Austria , the Republic of Finland , the Republic
       of Iceland , the Kingdom of Norway , the Portugese Republic , the
       kingdom of Sweden , the Swiss Confederation
(3)    Austria , Sweden , Switzerland : OJ No L 300 of 31.12.72
       Finland : OJ No L    328 of 28.11.73
       Norway : OJ No L 171 of 27.6.73
       Iceland , Portugal : OJ No L 301 of 31.12.72
X4 )   Austria , Iceland , Portugal , Sweden , Switzerland : 22 July 1972
       Norway : 14 May 1973
     • Finland : 5 October 1973                                             -           r™
(5)    Austria , Portugal , Sweden , Switzerland            : 1 January 1973
       Iceland : 1 April 1973                                     ,
       Norway : 1 July 1973
       Finland    1 January 1974 X5J_;       j_lVi _ s c Li ; i /. ■ r . ri            j .
 ---pagebreak---                                         - 2 -
 HAS ADOPTED THIS REGULATION :
Article 1
For the application of the Agreement between the European Economic
Community and                      ( 1 )/ Joint Committee Decision-
No                /78 shall be applied in the Community .
Article 2
This Regulation shall enter into force on 1 January 1979 .
This Reaulation 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 Republic of
      Iceland , the Kingdom of Norway , the Portugese Republic , the Kingdom
      of Sweden , the Swiss Confederation .