CELEX: 21988D0709(02)
Language: en
Date: 1988-01-25 00:00:00
Title: Decision No 1/88 of the EEC-Norway Joint Committee of 25 January 1988 amending Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation

No L 180 /72                          Official Journal of the European Communities                                   9 . 7 . 88
                         DECISION No 1 /88 OF THE EEC-NORWAY JOINT COMMITTEE
                                                      of 25 January 1988
                  amending Protocol 3 concerning the definition of the concept of 'originating products'
                                          and methods of administrative cooperation
 THE JOINT COMMITTEE,                                              Whereas it is therefore appropriate for the proper func­
                                                                   tioning of the Agreement to incorporate in a single text
                                                                   all the provisions in question with a view to facilitating
                                                                   the work of users and customs administrations,
 Having regard to the Agreement between the European
 Economic Community and the Kingdom of Norway,
 signed in Brussels on 14 May 1973 ,
                                                                   HAS DECIDED AS FOLLOWS :
 Having regard to Protocol 3 concerning the definition of
 the concept of 'originating products' and methods af
 administrative cooperation, and in particular Article 28                                    Article 1
 thereof,
                                                                   The text of Protocol 3 as amended and supplemented by
                                                                   Decisions No 2 / 85 , No 1 / 86, No 2 / 86, No 3 / 86, No
                                                                   1 /87, No 2/87 and No 3/87 is hereby replaced by the
                                                                   text annexed to this Decision .
Whereas the origin rules contained in Protocol 3 are
 based on the use of the Customs Cooperation Council
 Nomenclature ; whereas the Customs Cooperation
 Council approved the 'International Convention on the
 Harmonized Commodity Description and Coding                                                 Article 2
 System' (hereinafter referred to as the harmonized
system) on 14 June 1983 ; whereas it is the intention that,        1.     Products which were exported before 1 January
 as from 1 January 1988 , the harmonized system will               1988 , accompanied by an EUR. 1 certificate, form
replace the current nomenclature for the purposes of               EUR. 2 or by an invoice containing the exporter's
 international trade ; whereas it is therefore necessary to        declaration as provided for in Annex V to Protocol 3,
 adopt the rules of origin contained in Protocol 3 so that         shall be considered as originating under the rules in force
they are based on the use of the harmonized system ;               on 1 January 1988 .
Whereas, in the light of experience, the presentation of           2.     EUR. 1 certificates, forms EUR. 2 or the invoices
the origin rules could be improved by grouping all the            containing the exporter's declaration as provided for in
exceptions to the basic change of heading rule into one           Annex V to Protocol 3 , issued or made out before 1
list and by providing detailed guidance on how it should          January 1988 under the rules in force before that date
be interpreted ;                                                  shall be accepted up to and including 30 April 1988
                                                                  according to the rules in force when they were issued.
Whereas it is necessary to amend Articles 2, 5 and 6 and          Forms EUR. 2 fulfilling the conditions set out in Articles
the explanatory notes in Annex I as a consequence of the          8 ( 1 ) (b) and 14 of Protocol 3 to the Agreement between
adoption of a single list;                                        the European Economic Community and the Kingdom
                                                                  of Norway in force on 30 June 1987, including forms
                                                                  EUR. 2 carrying the entry 'EFTA-SPAIN-TRADE' used
                                                                  in the framework of direct trade between Spain and
Whereas, for the purposes of implementing the                     Norway or one of the five other countries mentioned in
Agreement, the rules of origin laid down, as regards              Article 2 of Protocol 3, may continue to be completed
both the conditions under which products acquire the              and accepted up to and including 30 June 1988 .
status of originating products and proof of such status
and the detailed rules for verifying it in accordance with
the said Protocol, have been amended by a number of
EEC-Norway Joint Committee Decisions ; whereas other              3 . LT certificates issued before 1 January 1988 , under
Decisions of the said EEC-Norway Joint Committee                  the rules applicable before that date, shall be accepted
have introduced certain procedures simplifying                    within their period of validity where this expires on or
implementation of that Protocol ;                                 after 1 January 1988 .
 ---pagebreak---                                       Official Journal of the European Communities                           No L 180 / 73
9 . 7 . 88
Invoices made out on or after 1 January 1988 referring                                   Article 3
to an LT certificate, issued before 1 January 1988 , shall       This Decision shall apply from 1 January 1988 .
be accepted within the four months following the expiry
date of the LT certficate given on these invoices.
                                                                 Done at Brussels, 25 January 1988 .
4. The provisions of Article 9 (5) and (6) of Protocol
3 shall also apply in the cases of goods exported before 1                                      For the Joint Committee
January 1988 and retrospective or duplicate EUR. 1                                                    The President
certificates may be issued under the rules in force before
that date .                                                                                        C. BERG-NIELSEN
 ---documentbreak--- No L 180 / 74                        Officiai Journal of the European Communities                            9 . 7 . 88
            Joint Declaration concerning the review of the changes to the origin rules as a result of the
                                         introduction of the harmonized system
            Where, following the amendments made to the Nomenclature, the new rules introduced by
            Decision No 1 /88 alter the substance of any rule existing prior to Decision No 1 / 88 , and it
            appears that such alteration results in a situation prejudicial to the interest of the sectors
            concerned, then, if one of the contracting parties so requests in the period up to and including
            31 December 1990, an examination shall be made as a matter of urgency by the Joint
            Committee, of the need to restore the substance of the rule concerned as it was before
            Decision No 1 / 88 .
            In any case the Joint Committee shall decide to restore, or not to restore, the substance of the
            rule concerned within a period of three months of the request being made to it by either of the
            parties to the Agreement.
            If the substance of the rule concerned is restored, then the parties to the Agreement shall also
            provide the legal framework necessary to ensure that any customs duties paid on the products
            concerned imported after 1 January 1988 can be reimbursed.