CELEX: 
Language: en
Date: 1973-06-18 00:00:00
Title: Regulation (EEC) No 1557/73 of the Council of 14 May 1973 on the application of certain Decisions on customs matters taken by the Joint Committee set up under the Agreement between the European Economic Community and the Republic of Austria

18 . 6 . 73                          Official Journal of the European Communities                            No L 160/ 1
                                                            I
                                        (Acts whose publication is obligatory)
                             REGULATION (EEC) No 1557/73 OF THE COUNCIL
                                                    of 14 May 1973
              on the application of certain Decisions on customs matters taken by the Joint Committee
              set up under the Agreement between the European Economic Community and the
                                                  Republic of Austria
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
pean Economic Community, and in particular Ar­                  HAS ADOPTED THIS REGULATION :
ticle 113 thereof;
                                                                                       Article 1
Having regard to the proposail from the Commission ;
                                                                For the purpose of implementing the Agreement
Whereas an Agreement (1) between the European                   between the European Economic Community and
Economic Community and the Republic of Austria                  the Republic of Austria, the Decisions of the Joint
was signed on 22 July 1972, and entered into force              Committee Nos 3/73 , 4/73 , 5/73 , 6/73 , 7/73 and 8/73
 on 1 January 1973 ;                                            of 6 February 1973 , annexed ' to this Regulation,
                                                                shall apply in the Community.
Whereas pursuant to Artiales 16 and 28 of Protocol
No 3 concerning 'the definition of the concept of                                      Article 2
'originating products' and methods of administrative
cooperation which is an integral part of the                    This Regulation shall enter into force on the third
Agreement, the Joint Committee adopted certain                  day following its publication in the Official Journal
Decisions on customs matters on 6 February 1973 ;               of the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 14 May 1973 .
                                                                                      For the Council
                                                                                       The President
                                                                                    R. VAN ELSLANDE
 O OJ No L 300, 31 . 12. 1972, p. 2.
 ---pagebreak---  No L 160/2                           Official Journal of the European Communities                              18 . 6 . 73
                                                         ANNEX 1
                                DECISION OF THE JOINT COMMITTEE No 3/73
                laying down the methods of administrative cooperation in the customs held for the
                purpose of implementing the Agreement between the European Economic Community
                                                and the Republic of Austria
 THE JOINT COMMITTEE,                                            This request sha'll 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 aind the Republic of
Austria signed at Brussels on 22 July 1972 ;
                                                                2 . The exporter or his representative shall submit
                                                                with his request any appropriate supporting docu­
                                                                 ment proving that the goods to be exported qualify
Having regard to Protocol No 3 on the definition                 for the issue of a movement certificate .
of the concept of ' originating    products ' and methods
of administrative cooperation , and in particular
Article 16 thereof;
                                                                                         Article 3
Whereas it is necessary, for the proper functioning
                                                                 1 . It shall be the responsibility of the customs
of the Agreement, to onganize close administrative               authorities of the exporting country to ensure that
cooperation between the Contracting Parties to the              forms referred to in Artiidle 2 are duly completed. In
Agreement to ensure correct and uniform application             particular, they shall check whether the space reserved
of the customs provisions contained ( therein, in par­
                                                                for the description of the goods has been completed
ticular those of Protocol No 3 concerning the defi­
                                                                in such a manner as to exclude any possibility of
nition of the concept of 'originating products ' and            fraudulent additions . To this end, the description
methods of administrative cooperation ;
                                                                of the goods must be given without leaving any
                                                                 blank lines . Where the space is not completely filled a
                                                                horizontal line must be drawn below the last line
HAS DECIDED :
                                                                of the description, the empty space being crossed
                                                                through.
                         Article 1                              2 . Since the movement certificate constitutes the
                                                                documentary evidence for the application of the
Where the term ' movement certificate' or ' movement            preferential tariff and quota arrangements laid down
certificates ' is used in this Decision and it is not           in the Agreement, it shall be the responsibility of the
specified whether the certificate or certificates                customs authorities of the exporting country to take
concerned are of the type described in Article 8 ( 1 )           any steps necessary to verify the origin of the goods
or Article 8 (2) of Protocol No 3 on the definition              and to check the other statements on the certificate.
of the concept of 'originating products' and methods
of administrative cooperation, hereinafter referred to
as Protocol No 3 , the relevant provisions shall apply
equally to both types of certificate.                                                   Article 4
                                                                 The A.OS.l movement certificate shall be issued by
                         Article 2                              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--- 18 . 6 . 73                            Official Journal of the European Communities                                No L 160/3
                          Article 5                                     (ii ) the date of unloading and reloading of the
                                                                               goods and, where applicable, the names of
The A.OS.l movement certificate shall be issued by                             the ships,
the customs authorities of Austria if the goods to be
exported can be considered products originating in                      ( iii) certified proof of the conditions under which
Austria within the meaning of Article 1 (2 ) of Proto­                         the goodis have stayed in the transit country ;
col No 3 .                                                                     or,
                                                                  ( c) failing such particulars, any documentary evidence.
                          Article 6
                                                                                               Article 10
The A.W.I movement certificate shall be .issued by
the customs authorities of a Member State of the
European Economic Community or of Austria if the                  The date of issue of the movement certificate must
goods to be exported can be considered products                   be indicated in the part of the certificate reserved
originating in the Community, in Austria or in Fin­               for the customs authorities.
land, Iceland, Portugal, Sweden or Switzerland
within the meaning of Article 2 and, where appli­
cable, Article 3 of Protocol No 3 .                                                            Article 11
                                                                   The customs authorities of the Member States and
                                                                  Austria shall provide each other, through the Com­
                          Article 7
                                                                  mission of the European Communities, with
                                                                  specimen impressions of stamps used in their customs
For the purpose of verifying whether the conditions               offices for the issue of movement certificates.
 stated in Articles 4, 5 and 6 have been met, the
customs authorities shall have the right to call for
any documentary evidence or to carry out any check                                             Article 12
which they consider appropriate .
                                                                   It shalll always be possible to replace one or more
                                                                   movement certificates by one or more certificates,
                          Article 8                               provided that this is done at the customs office where
                                                                   the goods are located.
 1 . A.W.I movement certificates must ind-icate the
 initials of certificates issued earlier followed by the
 numbers of those certificates. This reference may be                                           Article 13
 replaced by that of the export dossier.
                                                                    1 . When a certificate is issued within the meaning
 2. For the purpose of implementing Articles 2 and                 of Article 10 ( 1 ) of Protocol No 3 after the goods
 3 . of Protocol No 3 , A.W.I movement certificates                to which it relates have actually been exported, the
 must indicate the State in which the products used                exporter must in the application referred to in Article
 have acquired the status of originating products .                9 of Protocol No 3 :
                                                                    ( a) indicate the place and date of exportation of the
                                                                          goods to which the certificate relates ;
                           Article 9                                 (b ) certify that no certificate was issued at the time
                                                                          of exportation of the goods in question, and state
  Proof that the conditions set out in Article 7 of Pro­                  the reasons .
  tocol No 3 have been mot shall be provided by
  submission to the customs authorities of the import­              2 . The customs authorities may issue a movement
  ing State of either :                                              certificate retrospectively only after verifying that the
                                                                    particulars supplied in the exporter's application
  ( a) a sinigle supporting transport document, made                agree wiith those on the corresponding document.
       out in the exporting State, under the cover of
       which the transit country has been crossed; or               Certificates issued retrospectively must be endorsed
                                                                    with one of the following phrases : 'NACHTRAG­
  (b) a certificate issued by the customs authorities of             LICH AUSGESTELLT', 'DELIVRE A POSTERIORI',
       the transit country containing :                             'RILASCIATO A POSTERIORI', 'AFGEGEVEN A
                                                                    POSTERIORI',            'ISSUED      RETROSPECTIVELY',
        (i)  an exact description of the goods,                     ' UDSTEDT EFTERF0LGENDE'.
 ---pagebreak---   No L 160/4                         Official Journal of the European Communities                               18 . 6. 73
                         Article 14                              issue a new certificate at the exporter's request if
                                                                 the treatment or processing undergone is in confor­
 In the event of the theft, loss or destruotion of a            mity with the provisions of Protocol No 3 .
 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                                  Article 18
 must be endorsed with one of the following words :
 'DUPLIKAT', 'DUPLICATA', 'DUPLICATO ' ,DUPLI­
 CAAT', 'DUPLICATE'.                                            1 . Under the responsibility of the exporter, he or his
                                                                 authorized representative shall complete and sign
                                                                 the two parts of form EUR.2, of which a model is
 The duplicate, which must bear the date of issue of            annexed to Joint Committee Decision No 4/73 .
 the original movement certificate, shall take effect
 as from that date .
                                                                If the (goods contained in the ' consignment have
                                                                already been subject to verification in the exporting
                                                                country by reference to the definition of the concept
                         Article IS                             of originating products, the exporter may refer to
                                                                this check in the space reserved for ' Remarks' in
                                                                form EUR . 2 .
 Movement     certificates  submitted  to   the  customs
 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', fol­
purpose of applying the preferential arrangements               lowed by the serial number of the form on the green
provided the failure to observe this time limit results         label CI or customs declaration C2/CP3 .
 from 'force majeure' or exceptional oircumstances .
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
                                                                regarding the true origin of the goods in question.
The discovery of slight discrepancies between the
statements made in the movement certificate and
those made in the documents submitted to the cus­
toms office for the purpose of carrying out the for­           2. For the purpose of implementing the provisions
malities for importing the goods shall not ipso facto          o'f paragraph 1 above, the customs authorities of the
render the certificate null and void, provided it is           importing State shall return the movement certificate
duly established that the certificate corresponds to           or Part 2 of form EUR.2, or a photocopy thereof,
the goods .                                                    to the customs authorities of the exporting State,
                                                                giving, 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
                         Article 17                             Part 2 of form EUR.2 and the customs authorities
                                                               shall forward any information that has been obtained
1 . The Member States and Austria shall take all               suggesting that the particulars given on -the said
                                                               certificate .or the 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 do            decide to suspend the provisions of the Agreement
not undergo handling other than normal operations              while awaiting the results of the verification, they
designed to prevent their deterioration.                       shall offer to release the goods to the importer subject
                                                               to any precautionary measures judged necessary.
2. When products originating in the Community or
Austria and imported into a free zone under cover
of a movement certificate undergo treatment or                 3 . The customs authorities of the importing State
processing, the customs authorities concerned must             shall be informed of the results of the verification as
 ---pagebreak---  1% . 6.72>                         Official Journal of the European Communities                           No L 160/5
soon ,ais .possible. These results must be such as to                                 Article 20
make it posisiible to determine whether the disputed
 movement certificate or form EUR.2 applies to the             For the application of Article 25 ( 1 ) of Protocol No
goods actually exported, and whether these goods               3 , movement certificates and forms EUR.2 may be
can, in fact, qualify for the application of the pre­          endorsed with one of the following expressions :
ferential arrangements .                                       'ART. 25.1 GEGEBEN', 'APPLICATION ART.
                                                               25.1 ', 'APPLICAZIONE ART. 25.1 ', 'ART. 25.1
                                                               VOLDAAN', 'ART. 25 ( 1 ) SATISFIED', 'ART. 25.1
When such disputes cannot be settled between the               OPFYLDT'.
customs authorities of the importing State and those
of the exporting State or when they raise a question           These expressions shall be authenticated, in the case
as to the interpretation of Protocol No 3 , they shall        of movement certificates, by means of the stamp used
be submitted to the Customs Committee .                        by the appropriate customs office.
For the purpose of the subsequent verification of                                     Article 21
certificates, 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, 6 February 1973 .
                                                                            For the Joint Committee
                                                                                  The Chairman
                                                                                  F. H. LEITNER
                          The Secretaries
               H. MICHITSCH             M. LOY
 ---pagebreak---   No L 160/6                        Official Journal of the European Communities                              18 . 6. 73
                                                      ANNEX II
                                DECISION OF THE JOINT COMMITTEE No 4/73
                on Protocol No 3 concerning the definition of the concept of 'originating products' and
                                       methods of administrative cooperation
 THE JOINT COMMITTEE,                                          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 Republic of                   The Member States of the Community and Austria
 Austria signed at Brussels on 22 July 1972 ;                  may reserve the right to print the forms themselves
                                                               or may have them printed by printers they have
 Having regard to Protocol No 3 concerning the                 approved . In addition, each part must bear the
 definition of 'originating products' and methods of           distinctive sign attributed to the approved printer and
 administrative cooperation (hereinafter referred to as        a serial number.
 'Protocol No 3 '), and in particular Article 28 there­
 of;
 Whereas it is necessary to adopt certain measures to                                   Article 3
 adapt the provisions of Protocol No 3 to the require­
 ments proper to specific goods or to certain modes
                                                              A form EUR.2 shall be completed for each postal
 of transport ;
                                                              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
' Originating products within the meaning of Protocol         complying with any other formalities required by
No 3 which are postal consignments (including                 customs or postal regulations .
parcels ) shall, provided that the consignments con­
tain only originating products and the value does
not exceed one thousand units of account per con­
signment, benefit from the provisions of the Agree­                                    Article 4
ment on import into the Community or Austria on
presentation of form EUR.2 (see specimen in the
Annex to this Decision ).                                     1 . The Community and Austria shall admit as
                                                              originating products benefiting from the provisions
                                                              of the Agreement, without requiring the completion
                                                              of a form EUR.2, goods sent as small packages to
                         Article 2                            private persons provided such goods are not im­
                                                              ported by way of trade and have been declared as
Form EUR.2 shall be completed by the exporter. It             fulfilling the conditions required for the application
shall be made out in one of the languages in which            of these provisions and provided there is no doubt
the Agreement is drawn up and in accordance with               as to the accuracy 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 com­           2 . Importations not by way of trade shall be
posed of two parts, each part being 210 x 148 mm .            importations which are occasional and consist solely
The paper used shall be white paper dressed for               of goods for the personal use of the addressee or his
writing not containing mechanical pulp and weighing           family, it being evident from the nature and quantity
 ---pagebreak--- 18 . 6. 73                        Official Journal of the European Communities                          No L 160/7
of the goods that they have no commercial purpose.                                   Article 6
Furthermore, the total value of these goods must
not exceed 60 units of account.                              Penalties shall be imposed on any person who com­
                                                             pletes a form or has a form completed which con­
                                                             tains inaccurate information for the purpose of
                                                             enabling goods to benefit from preferential treatment.
                       Article 5
                                                                                     Article 7
In order to ensure proper application of this De­
cision, the Member States of the Community and               Forms A.OS.2, based on the specimen annexed to
Austria shall assist each other, through their               Protocol No 3 of the interim Agreement between the
respective Customs administrations, for the purpose          European Economic Community and the Republic of
of checking the authenticity and accuracy of ex­             Austria signed on 22 July 1972 may continue to be
porters' declarations made on forms EUR.2.                   used until the stocks have been exhausted.
             Done at Brussels, 6 February 1973 .
                                                                           For the Joint Committee
                                                                                  The Chairman
                                                                                  F. H. LEITNER
                      The Secretaries
             H. MICHITSCH             M. LOY
 ---pagebreak---  ---pagebreak---                                                                                                                                    ( I }JBd jo jpuq uo saiou;ooj aa§) ( z ) ( . )
                     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 :
                                                                                            the statements and particulars given in this form are
                                                                                            accurate (*);
                                                                                            this form does not meet the requirements as to authen­
                                                                                            ticity and accuracy ( see remarks appended ) (! )
                           (Place and date of signature)                                                    ( Place and date of signature )
      Official                                                                          Official
       stamp                                                                             stamp
                                    (Signature of Customs officer )                                                   (Signature of Customs officer)
                                                                                  (') Place .in x where applicable
f) 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 which 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
( l ) 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 Cl 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 bv letter post, attach Part 1 firmly to the consignment and insert Part 2 inside . it.
 ---pagebreak--- 18 . 6. 73                         Official Journal of the European Communities                              No L 160/ 11
                                                     ANNEX III
                             DECISION OF THE JOINT COMMITTEE No 5/73
                                concerning movement certificates A.OS.l and A.W.I
                                 contained in Annexes V and VI to Protocol No 3
THE JOINT COMMITTEE,                                              'or Finland, Iceland, Portugal, Sweden or Switzer­
                                                                   land'.
Having regard to the Agreement between the Euro­
pean Economic Community and the Republic of                                              Article 2
Austria signed at Brussels on 22 July 1972;
                                                              1 . The words 'EEC-AUSTRIA AGREEMENT' at
                                                              the top of the front page of the specimen of move­
                                                              ment certificate A.W.l. contained in Annex VI to
Having regard to Protocol No 3 on the definition              Protocol No 3 shall be deleted.
of the concept of 'originating products' and methods
of administrative cooperation (hereinafter referred to        2. The words 'movement certificate' written in the
as 'Protocol No 3 '), and in particular Article 28            languages in which the Agreement was drawn up
thereof;                                                      shall be replaced by the following words :
                                                                              Waren Verkehrsbescheinigung
Whereas it is necessary to make an addition to Note                                    Varecertifikat
Ton the front of the model of movement certificate
A.OS.l contained in Annex V to Protocol No 3                                      Movement Certificate
in order to enable the specimen to be used for pur­
poses of the Agreements specified in Article 2 of                      Certificat de circulation des marchandises
Protocol No 3 ;                                                           Certificato di circolazione delle merci
                                                                           Certificaat inzake goederenverkeer
Whereas it is necessary to amend the specimen of                                       Varesertifikat
movement certificate A.W.l contained in . Annex VI
 to Protocol No 3 in order to render it identical to                                  Tavaratodistus
the models contained in Annex VI of Protocol No
 3 annexed to each of the Agreements referred to                                     Flutningsski'rteini
above ;                                                               Certificado de Circulação das mercadorias
                                                                                       Varucertifikat
Whereas in order to ensure concordance of the
                                                              The order of the above may be changed in order to
versions in the different languages of Protocol No
 3 annexed to each of the Agreements referred to              place .at the top the version in the language of the
                                                              country which prints the certificate.
and German versions of the specimen of movement
certificate A.W.l .;
                                                                                         Article 3
                                                              The word 'date . . . .' shall be inserted in the space
                                                              'Customs endorsement' to be found on the front of
HAS DECIDED :                                                 the specimens of movement certificates A.OS.l and
                                                              A.W.l .
                       Article 1
                                                                                         Article 4
In the specimens of movement certificate A.OS.l
 contained in Annex V to Protocol No 3 which are              In the German-language version of the 'Declaration
printed in Austria, the following words shall be              by the exporter' to be found in Annex VI to Protocol
 added to Note 1 on the front :                                No 3 the words :
 ---pagebreak--- No L 160/ 12                          Official Journal of the European Communities                               18 . 6. 73
    'Beschreibe den ursprungsbegründenden Vorgang                    'Declares that these goods were obtained in . . .(*)'
    wie folgt: (3 )'
                                                                 shall be replaced by the following words :
shall be replaced by the following words :
                                                                     'Declares that these goods are situated in . . . f 1 )'.
    'Beschreibe den Sachverhalt, aufgrund dessen die
    Waren die vorgenannten Voraussetzungen erfül­
    len, wie folgt : (3)'.
                           Article 5                                                     Article 6
In the English-language version of the 'Declaration              The movement certificates drawn up in accordance
by the exporter' to be found in Annex VI to Protocol             with the specimens previously in force may continue
No 3 the words :                                                 to be used until stocks are used up.
              Done at Brussels, 6 February 1973
                                                                                  For the Joint Committee
                                                                                       The Chairman.>
                                                                                        F.H. LEITNER
                        The Secretaries
              A. MICHITSCH             M. LOY
 ---pagebreak---  18 . 6. 73                            Official Journal of the European Communities                              No L 160/13
                                                         ANNEX IV
                                  DECISION OF THE JOINT COMMITTEE No 6/73
                   supplementing and amending Protocol No 3 on the definition of the concept of
                           'originating products' and methods of administrative cooperation
THE JOINT COMMITTEE,                                                       has been issued indicating that they have
                                                                           acquired the status of originating products
                                                                           and have undergone any additional proces­
Having regard to the Agreement between the Euro­                           sing solely in Austria or in the two countries
pean Economic Community and the Republic of                                referred to above or in the - other five countries
Austria signed at Brussels on 22 July 1972 ;                               specified in Article 2 of this Protocol ;
Having regard to Protocol No 3 ion the definition
of the concept of 'originating products' and methods
of administrative cooperation, hereinafter referred to              '( lb) products, other than products of Chapters 50
as 'Protocol No 3', and in particular Article 28                           to 62, which meet the conditions of this
thereof;                                                                   Protocol and for which a movement certificate
                                                                           has been issued indicating:
Whereas it is necessary to make certain amendments
to Article 25 ( 1 ) of Protocol No 3 in order to prevent
the occurrence, to the detriment of originating                            (i) that they have been obtained by the
products within the meaning of the Agreement of                                  processing of goods which, upon their ex­
22 July 1972, of some alteration of sources of supply                            port from the Community as originally
which could occur until the date from which customs                              constituted or from Ireland, had already
duties are abolished between the Community as                                    acquired there the status of originating
originally constituted and Ireland on the one hand                               products ;
and Austria on the other; whereas it is in consequence
necessary to amend the texts of Articles 23 and 24 ;                       (ii ) and that the added value acquired in
                                                                                 Austria or in the two countries referred to
                                                                                 above or in the other five countries
HAS DECIDED :                                                                    specified in Article 2 of this Protocol
                                                                                 represents 50% or more of the value of
                          Article 1                                              those products ;
The text of Article 25 ( 1 ) of Protocol No 3 shall
be replaced by the following text :
                                                                     ( c) products of Chapters 50 to 62 listed in Column
     1 . The following products may benefit, on                            2 below which meet the conditions of this
     import into Austria or Denmark or the United                          Protocol and for which a movement certificate
      Kingdom, from the tariff provisions in force in                      has been issued indicating that they have been
      Austria  or   in  the   latter  two   countries   and                obtained by the processing of goods listed in
     covered by Article 3 ( 1 ) of the Agreement :                         Column 1 below which, upon their export
                                                                           from the Community as originally constituted
      (a) products which meet the conditions of this                       or from Ireland, had already acquired there
          Protocol and for which a movement certificate                    the status of originating products .
 ---pagebreak--- No L 160/ 14                       Official Journal of the European Communities                                 18 . 6 . 73
                                    Column 1                                                 Column 2
                                  Products used                                         Products obtained
 1.     50.03    Silk waste ( including cocoons unsuitable
                 for reeling, silk noils and pulled or gar­
                 netted rags)
                                                                          All products falling within Chapters 50
        56.03    Waste (including yarn waste and pulled                   to ' 62
                 or garnetted rags) of man-made fibres
                 ( continuous or discontinuous ), not car­
                 ded, combed or otherwise prepared for
                 spinning
 2.     53.05    Sheep's or Iambs' wool or other animal                    All products falling within. Chapters
                  hair ( fine or coarse), carded or combed                50 to 57
 3.  ex 56.01    Synthetic textile fibres ( discontinuous),                — All products falling with Chapters
                 not     carded ,   combed    or   otherwise                   50 to 57, except heading 56.04 :
                 prepared for spinning                                         man-made fibres and wastes of man­
                                                                               made fibres (continuous or discontinu­
                                                                               ous), carded, combed or otherwise pre­
                                                                               pared for spinning
     ex 56.02    Continuous filament tow for the manu­                    — The following products of Chapters
                                                                               58 to 62 :
                 facture of man-made synthetic textile
                 fibres ( discontinuous )
                                                                               ex 59.01 : Sanitary towels
                                                                               ex 59.04 : Twine, cordage, ropes and
                                                                                           cables, plaited or not, other
                                                                                           than single yarn composed
                                                                                           solely of continuous syn­
                                                                                           thetic textile fibres
4.   ex 56.01    Fibres and continuous filament tow of        ex 59.02    Needleloom felt, whether or not impreg­
     ex 56.02    polypropylene, provided that their value                  nated or coated
                 does not exceed 40 % of the value of
                 the finished product
5.   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--- 18 . 6. 73                            Official Journal of the European Communities                       No L 160/ 15
                                      Column 1                                                Column 2
                                    Products used                                         Products obtained
                                                                 ex 59.15    Textile hosepiping and similar tubing in
                                                                             which linen or true hemp or the two
                                                                             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 products
                                                                              defined 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
                                                                              headings 60.02 to 60.05, knitted or
                                                                             crocheted and elastic or rubberized ,
                                                                             complete and ready to wear or ready
                                                                              for use
 6.     ex Chapters Single yarn                                     59.05     Nets and netting made of twine, cordage
            50 to 59                                                         or rope, and made up fishing nets of
                                                                           • varn, 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
 7.     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
 8.     ex 51.01      Yarn of synthetic textile fibre (continu­  ex 58.08     Knotted net fabrics having a uniform
                      ous), not put up for retail sale                       square or diamond-shaped mesh knotted
                                                                             at each corner, entirely made of cotton
                                                                             or of synthetic textile fibies
        ex 51.02      Monofil, strip (artificial straw and the   ex 59.04    Twine, cordage, ropes and cables,
                      like) and imitation catgut, of synthetic               plaited or not other than single yarn
                      textile materials                                      composed solely of continuous synthetic
                                                                             textile fibres
                                                                    59.05     Nets and netting made of twine, cordagc
                                                                             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
 9.      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                     embroidered in the piece, in strips or
         ex 56.05     cuprammonium fibres                                    cut to shape or size
 ---pagebreak--- No L 160/ 16                      Official Journal of the European Communities                                18.6 . 73
                                   Column 1                                                   Column 2
                                 Products used                                          Products obtained
10.  ex 51.02      Munofil 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 puip, paper or paperboard ,
                                                                           including fabrics of tubular or endless
                                                                           kind
11 . cx Chapters Fabric and other products except those           59.10     Linoleum and materials prepared on a
        50 to 59   falling within headings 59.10 and 59.11                  textile  base   in • a  similar manner    to
                                                                           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 59.1 1   Plates, sheets and strip, of expanded
                                                                           foam or sponge rubber, combined with
                                                                           textile fabric
12.  ex Chapters Fabric, provided that the value of the        ex 61.01    Men 's     and     boys'    outer garments,
        50 to 59 fabric (linings, trimmings and accessories                complete and ready to wear
                  not included ) does not exceed 45 °/o of
                  the value of the finished product
                                                               ex 61.02    Women 's, girls' and infants' outer
                                                                           garments, complete and ready to wear,
                                                                           of the following kinds : frocks, skirts,
                                                                           jackets, trousers (other than trousers
                                                                           the fabric of which falls within headings
                                                                           55.08 and 55.09), costumes (composed
                                                                           of a jacket and skirt or a jacket and
                                                                           trousers ) and coats
13 . ex Chapters Fabric, provided that the value of the       ex 61.09     Brassières, corsets, corset-belts, corselet­
        ^0 to 59  fabric does not exceed 40 % of the                       tes, girdle corsets, hip belts and other
                  value of the finished product                            articles designed for wear as body-sup­
                                                                           porting garments, whether or not elastic,,
                                                                           complete and ready to wear
           The provisions of this paragraph shall apply only to products which by virtue of the
           provisions of this Agreement and of the annexed Protocols will benefit from the abolition
           of customs duties at the conclusion of the period of tariff dismantling laid down for
           each product.
           The above provisions shall no longer be applicable once the period of tariff dismantling
           laid down for each product expires.'
                                                      Article 2
           In Article 23 (2) and (3) of Protocol No 3 the words :
               'where the products used are those referred to in Article 25 ( 1 ) of this Protocol'
           shall be replaced by the following words :
               'where the products used are those referred to in Article 25 (1 ) (a) of this Protocol'.
 ---pagebreak--- 18 . 6. 73                       Official Journal of the European Communities                          No L 160/ 17
                                                     Article 3
           The text of Article 24 ( 1 ) of Protocol No 3 shall be replaced by the following text :
              ' 1 . 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 hand.'
           Done at Brussels, 6 February 1973 .
                                                                       For the Joint Committee
                                                                             The Chairman
                                                                            F. H. LEITNER
                      The Secretaries
           H. MICHITSCH                M. LOY
 ---pagebreak--- No L 160/ 18                        Official Journal of the European Communities                        18 . 6. 73
                                                       ANNEX V
                              DECISION OF THE JOINT COMMITTEE No 7/73
                                    on goods which are en route on 1 April 1973
             THE JOINT COMMITTEE ,
                                                                               V
             Having regard to the Agreement between the European Economic Community and the
             Republic of Austria signed at Brussels on 22 July 1972 ;
             Having regard to Protocol No 3 on the definition of the concept of ' originating products'
             and methods of administrative cooperation, and in particular Article 28 thereof ;
             Whereas it is desirable to enable goods which were dispatched before 1 April, 1973 and
             on that date are en route because of force majeure or exceptional circumstances to benefit
             from Article 3 ( 1 ) of the Agreement ;
             HAS DECIDED :
                                                      Sole Article
             Goods which on 1 April 1973 are en route because of force majeure or exceptional cir­
             cumstances may be allowed until 15 May 1973 to benefit from Article 3 (1) of the Agree­
             ment subject to submission to the customs authorities of the importing State of the
             documents required before 1 April 1973 in order to benefit from the said provisions.
             Done at Brussels, 6 February 1973 .
                                                                             For the Joint Committee
                                                                                   The Chairman
                                                                                  F. H. LEITNER
                       The Secretaries
             H. MICHITSCH                M. LOY
 ---pagebreak--- 18 . 6 . 73                         Official Journal of the European Communities                         No L 160/ 19
                                                      ANNEX VI
                             DECISION OF THE JOINT COMMITTEE No 8/73
                          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
            Republic of Austria signed at Brussels on 22 July 1972 ;
             Having regard to Protocol No 3 on the definition of the concept of 'originating products'
            and methods of administrative cooperation (hereinafter referred to as 'Protocol No 3 '),
            and in particular Article 28 thereof ;
            Wh ereas 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 Protocol No 3 ,
            o f certain 'originating products' within the meaning of the said Protocol which are with­
            out a movement certificate ;
            HAS DECIDED :
                                                      Sole Article
             In the case in which products originating in the Community, in Austria or in one or other
             of the five countries referred to in Article 2 of Protocol No 3 have been imported before
             1 April 1973 either into Austria or into the Community or into one or other of those
            five countries and have been used in the course of working or processing in conformity
            with that Article, movement certificates A.W.I may be issued up to 31 December 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, 6 February 1973.
                                                                             For the Joint Committee
                                                                                    The Chairman
                                                                                   F. H. LEITNER
                         The Secretaries
            H. MICHITSCH                M. LOY