CELEX: 21975D1231(01)
Language: en
Date: 1975-12-02 00:00:00
Title: Decision 1/75 of the EEC-Austria Joint Committee of 2 December 1975 amending Article 23 of Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation

No L 338 /2                        Official Journal of the European Communities                              31 . 12. 75
                                 DECISION 1/75 OF THE JOINT COMMITTEE
                                                 of 2 December 1975
               amending Article 23 of Protocol 3 concerning the definition of the concept of 'originating
                               products' and methods of administrative cooperation
THE JOINT COMMITTEE,                                          Whereas in practice it is a result of these provisions
                                                              that the benefit of drawback of customs duty or
                                                              exemption from customs duty of whatever kind, is
Having regard to the Agreement between the                    prohibited for products originating in the Community
European Economic Community and the Republic                   as originally constituted or in Ireland which are used
of Austria, signed in Brussels on 22 July 1972 ;               in the manufacture of products which may benefit
                                                               from the tariff system resulting from Article 3 ( 1 ) of
                                                               the Agreement ;
Having regard to Protocol 3 concerning the definition
of the concept of 'originating products' and methods          Whereas this prohibition must continue for as long
of administrative cooperation (hereinafter referred            as the tariff system resulting from Article 3 ( 1 ) of the
to as 'Protocol 3 '), and in particular Article 28             Agreement is not identical to that resulting from
thereof;                                                       Article 3 (2) thereof;
Whereas the present provisions of Article 23 ( 1 ) of         Whereas, however, for the majority of the products
Protocol 3 , suspended until 31 December 1975 by               concerned, this prohibition will continue only until
Joint Committee Decision 4/74 of 2 December 1974,              30 June 1977; whereas it is appropriate in a desire for
stipulate that the prohibition on the benefit of               simplification, to lay down the same date for all the
drawback of customs duty or exemption from                     products in question,
customs duty of whatever kind, for non-originating
products used in the manufacture of originating
products, applies as from the date when the duty
applicable to originating products of the same kind           HAS DECIDED AS FOLLOWS :
as the products used was, in the Community or in
Austria, reduced to 40% of the basic duty ;
                                                                                       Article 1
Whereas the reference to a certain level of tariff
dismantling in order to determine the date of                  The text of Article 23 of Protocol 3 shall be replaced
application of these provisions is likely to entail            by the following :
practical difficulties, in particular because of the
differences in tariff systems applicable both to the
finished products and to the originating products of               'Article 23
the same kind as the products used;
                                                                   1 . Without prejudice to the provisions of
                                                                   Article 1 of Protocol 2, products of the kind to
Whereas it is consequently appropriate to provide                  which the Agreement applies, which are used in
for a uniform date of application for the whole of                 the manufacture of products for which a
the products concerned ; whereas that date may be                  movement certificate EUR.1 or a form EUR.2 is
 the date of the entry into force of this Decision;                issued or completed, can only be the subject of
                                                                   drawback of customs duty or benefit from an
Whereas, in addition, the present provisions of                    exemption from customs duty of whatever kind
 Article 23 (2) and (3 ), stipulate that, for the appli­           when products originating in the Community,
                                                                   Austria or one of the six countries referred to in
cation of the tariff system in force by virtue of Article          Article 2 of this Protocol are concerned.
 3 ( 1 ) of the Agreement, in trade between the former
 EFTA countries, only those products referred to in
 Article 25 ( 1 ) of Protocol 3 may benefit from                   2. Without prejudice to the provisions of
 drawback of customs duty of whatever kind ;                       Article 1 of Protocol 2, products originating in
 ---pagebreak--- 31 . 12. 75                         Official Journal of the European Communities                         No L 338/3
     the Community as originally constituted or in                                   Article 2
     Ireland which are used in the manufacture of
     products obtained in accordance with the                  This Decision shall enter into force on 1 January
     conditions laid down in Article 25(1 ) may not be         1976.
     the subject, in the State where such manufacture
     took place, of drawback of customs duty or
     benefit from an exemption of customs duty of              Done at Brussels, 2 December 1975.
     whatever kind until 30 June 1977.
                                                                                        For the Joint Committee
     3 . In this and the following Articles, the term                                         The President
     "customs duty" also means charges having an
     equivalent effect to customs duty.'                                                   R. de KERGORLAY