CELEX: 
Language: en
Date: 1973-06-18 00:00:00
Title: Regulation (EEC) No 1558/73 of the Council of 14 May 1973 on the application of certain Decisions on customs matters taken by the Joint Committee set under the Agreement between the European Economic Community and the Portuguese Republic

No L 160/20                          Official Journal of the European Communities                              18 . 6. 73
                               REGULATION (EEC) No 1558/73 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
                                                   Portuguese Republic
THE COUNCIL OF THE EUROPEAN                                      Whereas it is necessary to appiry these Decisions in
 COMMUNITIES ,                                                   the Community ;
Having regard to the Treaty establishing the Euro­
                                                                 HAS ADOPTED THIS REGULATION :
 pean Economic Community, and in particular Article
 113 thereof;
                                                                                        Article 1
Having regard to the proposal from the Commission ;
                                                                 For the purpose olf implementing the Agreement
Whereas an Agreement (*) between the European                    between the European Economic Community and
Economic Community and the Portuguese Republic                   the Portuguese Republic, the Decisions of the Joint
was signed on 22 Juily 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 9 February 1973 , annexed to this Regulation,
                                                                 shall apply in the Community.
Whereas pursuant to Artidles 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 shalll enter into force on the third
Agreement, the Joint Committee adapted certain                   day following .its publication in the Official Journal
Decisions on customs matters on 9 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
(*) OJ No L 301 , 31 . 12. 1972, p. 165,
 ---pagebreak---  18 . 6. 73                         Official Journal of the European Communities                          No L 160/21
                                                       ANNEX I
                                DECISION No 3/73 OF THE JOINT COMMITTEE
               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 Portuguese Republic
THE JOINT COMMITTEE ,                                          This request shall be made out on one of the forms
                                                                as shown in Annexes V and VI of Protocol No 3 .
                                                                The form must be completed in accordance with the
                                                                provisions of Protocol No 3 .
Having regard to the Agreement between the Euro­
pean Economic Community and the Portuguese Re­                 2 . The exporter or his representative shall submit
public signed at Brussels on 22 July 1972 ;                    with his request any appropriate supporting docu­
                                                               ment proving that the igoods to be exported are .such
Having regard to Protocol No 3 concerning the defi­            as to qualify for the issue of a movement certificate.
nition of the concept of 'originating products ' and
methods of administrative cooperation, and in parti­
cular Article 16 thereof;
                                                                                        Article 3
Whereais it is necessary, for the proper functioning
of the Agreement, to organize close administrative
cooperation between the Contracting Parties to the             1 . It shall be the responsibility of the customs
Agreement to ensure correct ajnd uniform application           authorities of the exporting oountry to ensure that
of the customs provisions contained therein, in par­           forms referred to in Artidle 2 <are duily completed. In
ticular those of Protocol No 3 concerning the defi­            particular, they shall check whether the space reserved
nition of the concept of ' originating products' and           for the description of the goods has been completed
methods of administrative cooperation ;                        in such a manner as to exclude all possibility of
                                                               fraudulent additions . To this end , the description
                                                                of the goods must be indicated without leaving any
                                                               blank lines . Where the space is not completely filled a
                                                               horizontal line must he 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
Where the term ' movement certificate ' or ' movement          documentary evidence for the application of the
certificates ' is used in this Decision and it is not          preferential tariff and quota arrangements laid down
specified whether the certificate or certificates              in the Agreement, it shall be the responsibility of the
concerned are of the type described in paragraph 1             customs authorities of the exporting country to take
or of the type described in paragraph 2 of Article 8            any steps necessary to verify the origin of the goods
of Protocol No 3 . concerning the definition of the            and to check the other statements on the certificate.
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.W.I . 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 Gan 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---  No L 160/22                             Official Journal of the European Communities                                18 . 6 . 73
                          Article S                                       (ii) The date of unloading and reloading of the
                                                                                goods ' and, where applicable, indication of
 The A.W.I movement certificate shall ibe issued by                             the vessels used,
 the customs authorities of Portugal if the goods * to be
 exported can be considered products originating in                       (iii) Certified proof of the conditions in which
 Portugal within the meaning of Article 1 (2) of Proto­                         the goods have been held ;
 col No 3 .
                                                                    (ic) Or, for a lack of the above, 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                  The date of issue of the movement certificate must
 European Economic Community or of Portugal if the                  be indicated in the part of the certificate reserved
 goods to be exported can be considered products                    for the customs authorities .
  originating in the Community, in Portugal or in Au­
 stria, Finland, Iceland , Portugal or Switzerland
                                                                                               Article 1 1
 within the meaning of Article 2 and, where appli­
 cable, Article 3 of Protocol No 3 .
                                                                    The customs authorities of the Member States ,and
                                                                    Portugal shall provide each other, through the Com­
                           Article 7
                                                                    mission of the European Communities, with
                                                                    specimen impressions of the types of stamp used in
                                                                     their customs offices for the issue of movement
 For the purpose of verifying whether the conditions                certificates .
 stated in Articles 4, 5 and 6 have been met, the cus­
  toms authorities shall have the right to call for any                                        Article 12
  documentary evidence or. to carry out any check
 which they consider appropriate.
                                                                    It shall always be possible to replace one or more
                                                                    movement certificates by one or more certificates,
                                                                    provided that this is done at the customs office where
                          Article 8                                 the goods are located.
 1 . A.WjI movement certificates must indicate the                                             Article 13
 initials of certificates issued earlier followed by the
numbers of these certificates . This reference may be
                                                                    1 . When a certificate is issued within the meaning
replaced -by that of the export file.
                                                                    of Article 10 ( 1 ) of Protocol No 3 after the goods
                                                                    to which it relates have actually been exported, the
2 . For the purpose of implementing Articles 2 and                  exporter must in the application referred to in Artidle
 3 of Protocol No 3 , A.W.l movement certificates                  9 of Protocol No 3 :
must indicate the State in which the products used
have lacquired thie status of originating products.
                                                                    ( 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 met 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
                                                                   information supplied in the exporter's application
( a ) a single supporting transport document, made                  agrees with that in the corresponding file.
      out in the exporting State, under the cover of
      which the passage across the transit country has              Certificates issued retrospectively must be endorsed
      been effected ; or                                           with one of the following phrases : 'NACHTRAG­
                                                                    LICH AUSGESTELLT', 'DELIVRE A POSTERIORI',
( b) a certificate issued by the customs authorities of            'RILASCIATO A POSTERIORI', 'AFGEGEVEN A
      the transit country conitainling :                            POSTERIORI', 'ISSUED RETROSPECTIVELY', 'UD­
                                                                   STEDT EFTERF0LGENDE', 'EMITIDO A PO­
      ( i)  An exact description of the goods,                      STERIORI'.
 ---pagebreak---   18 . 6 . 73                        Official Journal of the European Communities                            No L 160/23
                         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 destruction of a           mity with the provisions of Protocol No 3 .
 movement certificate, the exporter may apply to the
 customs authorities whiich issued it for a duplicate
 made ou;t the basis of the export documents in their
 possession. The duplicate issued in this way must be                                   Article 18
 endorsed with one of the following words : 'DUPLI­
  KAT', 'DUPLICATE, 'DUPLICATO ',                 'DUPLI­
  CAAT', 'DUPLICATE', 'SEGUNDA VIA'.                            1 . Under the responsibility of the exporter, he or his
                                                                authorized representative shall complete and sign
 The duplicate, which must bear the date of issue of            the two pa'rts of form EUR.2, of which a model is
 the original movement certificate, shall take effect           annexed (to Joint Committee Decision No 4/73 .
 as from that date .
                                                                If the goods contained in the consignment have
                                                                already been subject to verification in the exporting
                         Article IS                             country by reference to the definition of the concept
                                                                of originating products, the exporter may refer to
Movement      certificates submitted to      the customs        this chedk in the space reserved for 'Remarks' in
                                                                form EUR.2 .
authorities of the importing country after expiry of
the time limit for their submission stipulated in
Article 11 of Protocol No 3 may be accepted for the
                                                                2 . The exporter shall enter the title 'EUR.2', fol­
purpose of applying the preferential arrangements
provided the failure to observe this time 'limit results        lowed by the serial number of the form on the green
                                                                label CI or customs declaration C2/CP3 .
from force majeure or exceptional circumstances .
 In addition to such cases the customs authorities of
the importing country may accept such certificates                                      Article 19
provides the igoods have been presented to them be­
fore 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 imiporting
                         Article 1 6                           State have reasonable doulbt as to the authenicity of
                                                               the document or the accuracy of the information re­
The discovery of slight discrepancies between the              garding the true origin of the goods in question.
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. The exporter shall enter the title 'EUR.2', fol­
malities for importing the goods .shall not ipso facto         of paragraph 1 above, the customs authorities of the
 render the certificate null and void if it is duly estab­     importing State shaill return the movement certificate
lished that the certificate does correspond to the             or Part 2 of form EUR.2, or a photocopy thereof,
goods submitted.                                               to the customs authorities of the exporting State,
                                                                giving, where appropriate, the reasons of form or
                                                               suibstance 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
                                                               suggesting that the particulars given on the said
1 . The Member States and Portugal shall take all nec­         certificate or the said form are inaccurate .
essary steps to ensure that goods traded under the
cover of a movement certificate and which in the
course of transport use a free zone situated in their          If the customs authorities of the importing State
territory are not replaced by other goods and that             decide to suspend execution of the provisions of the
they do not undergo handling other than normal                 Agreement while awaiting the results of the verifica­
operations designed to prevent their deterioration .           tion, they shall offer to release the goods to the im­
                                                               porter subject to any precautionary measures judged
2. Where products originating in the Community or              necessary .
Portugal and imported into a free zone under the
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--- No L 160/24                         Official Journal of the European Communities                              18 . 6. 73
soon ais possible. These results must be such as to                                     Article 20
make it possible 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', 'ART. 25.1 CUMPRIDO '.
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 custom's 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 ' Observations '.
               Done at Brussels, 9 February 1973 .
                                                                            For the Joint Committee
                                                                                  The Chairman
                                                                           F. de MAGALHAES CRUZ
                             The Secretaries
              A. CORREIA            C. D. von SCHUMANN
 ---pagebreak--- 18 . 6. 73                             Official Journal of the European Communities                         No L 160/25
                                                         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 containing mechanical pulp and weighing not
                                                                  less than 64 g/m2. Form EUR.2 may be made de-.
                                                                  tachable into twp parts .
Having regard to the Agreement between the Euro­
pean Economic Community and the Portuguese Re­                    The Member States of the Community and Portugal
public . signed ,at Brussels on 22 Juily 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
                                                                  serial number.
administrative cooperation (hereinafter referred to as
 'Protocol No 3 '), and in particular Article 28 there­
 of;
                                                                                           Article 3
Whereas it is necessary to adopt certain measures to
adapt the provisions of Protocol No 3 to the require­              A form EUR.2 shall be completed for each postal
ments proper to specific goods or to certain modes                 consignment. After completing and signing the two
 of transport ;
                                                                   parts of the form , the exporter shall, in the case of
                                                                   consignments by parcel post attach the two parts to
                                                                   the dispatch note. In the case of consignments by
HAS DECIDED :                                                      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 Articles            complying with any other formalities required by
  1 , 2 or 3 which form part of postal consignments (in­           customs or postal regulations .
 cluding ipancels ) shall, .provided that the consignments
 contain only originating products and the value does
 not exceed 1 000 units of account per consignment,
                                                                                           Article 4
 benefit from the provisions of the Agreement on
 import into the Community or Portugal on presen­
 tation of fonm EUR.2 ( see specimen in the Annex to               1 . The Community and Portugal shall admit as ' ori­
 this Decision).                                                    ginating products' benefiting from the provisions
                                                                   of the Agreement, without requiring the completion
                                                                   of a form EUR.2, goods sent as small packages to
                                                                   private persons provided .such goods are not imported
                             Article 2
                                                                   by way of . trade and have been declared as meeting
                                                                    the conditions required for the application of these
  Form EUR.2 shall be completed by the exporter. It                provisions, and where there is no doubt as to the
  shall be made out in one of the languages in which               veracity of such declaration .
  the Agreement is drawn up and in accordance with
  the provisions of the domestic law of the exporting               2 . Importations not by way of trade shall be
  State. If it is handwritten it must be completed in               importations which are occasional and consist solely
  ink and in block letters . Form EUR.2 shall be com­                of goods for the personal use of the addressee or his
  posed of two parts, each part being 210 x 148 mm .                family, it being evident from the nature and quantity
  The paper used shall be white sized writing paper                 of the goods that they have no commercial purpose.
 ---pagebreak--- No L 160/26                         Official Journal of the European Communities                              18 . 6. 73
Furthermore, the total value of these goods must               checking the authenticity and accuracy of exporters'
 not exceed 60 units of account.                               declarations made on forms EUR.2 .
                        Article 5                                                     Article 6
In order to ensure proper application of this De­              Penalties shall be imposed on any person who com­
cision, the Member States of the Community and                 pletes a form or   has a form completed which con­
Portugal shall assist each other, through their respec­        tains inaccurate   information for the purpose of
tive customs administrations, for the purpose of               enabling goods to  benefit from preferential treatment.
             Done at Brussels, 9 February 1973 .
                                                                          For the Joint Committee
                                                                               The Chairman
                                                                          F. de MAGALHAES CRUZ
                             The Secretaries
             A. CORREIA             C. D. von SCHUMANN
 ---pagebreak---                       REQUEST FOR VERIFICATION                                                          RESULT OF VERIFICATION
   The undersigned Customs officer requests that the declaration by                 Verification carried out by the undersigned Customs officer
   the exporter on the front of this form be verified (*)                           shows that :
                                                                                             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)
                                                                                   H Place an x where applicable
(*) Verification of the form is made on a sampling basis or whenever the customs authorities of the importing country have reasonable doubt as to the true origin
    of the goods in question or of constituents thereof.
    The Customs authorities of the importing country must send the form to the authorities of the exporting country responsible for verification , specifying the
    reasons of substance or form which justify an inquiry . Wherever possible they must attach to the form the invoice submitted to them or a copy thereof ,
    and give any information which it has been possible to obtain and which suggests that the particulars given in the form arc 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 rnav be considered necessary .
 ---pagebreak--- Footnotes for both Forms
(') Indicate the Contracting Parties to the transaction in respect of which the form has been completed .
(2) Refer to any verification already carried out by the appropriate authorities.
Instructions for the completion of form Eur. 2
A. A form EUR. 2 may be made out only for goods which in the exporting country meet the conditions specified by the provi­
     sions governing the trade referred to in space 2.
     Those provisions must be studied carefully before the form is completed .
B. The exporter must give the reference ' EUR. 2' followed by the serial number of the form either on green label CI or on
     customs declaration C2/ CP3 .
C. After completing and signing the two parts of the form , the exporter must,
    — in the case of a consignment by parcel post, attach the two parts to the despatch note,
    ■— in the case of a consignment by letter post, attach Part 1 firmly to the consignment and insert Part 2 inside it,
 ---pagebreak---  18 . 6. 73                         Official Journal of the European Communities                             No L 160/29
                                                      ANNEX III
                              DECISION OF THE JOINT COMMITTEE No 5/73
                                 concerning movement certificates A.P.1 and A.W.1
                                 contained in Annexes V and VI to Protocol No 3
THE JOINT COMMITTEE ,                                               ' or Austria, Finland, Iceland, Sweden or Switzer­
                                                                   land'.
Having regard to the Agreement between the Euro­                                          Article 2
pean Economic Community and the Portuguese Re­
public signed at Brussels on 22 July 1972 ;                    1 . The words ' EEC-PORTUGAL AGREEMENT' at
                                                               the top of the front .page of the model of move­
Having regard to Protocol No 3 concerning the defi­            ment certificate A.W.1 contained in Annex VI to
nition of the concept of ' originating products' and            Protocol No 3 shall be deleted .
methods of administrative cooperation ( hereinafter
referred to as 'Protocol No 3 ') and in particular Ar­         2 . The words ' movement certificate' written in the
ticle 28 thereof;                                              languages in which the Agreement was drawn up
                                                                shall be replaced by the following words :
Whereas it is necessary to make an addition to Note                            Warenverkehrsbescheinigung
1 on the front of the model of movement certificate
                                                                                       Varecertifikat
A.P.1 contained in Annex V to Protocol No 3 in
order to enable the model to be used for purposes of                               Movement certificate
the Agreements specified in Article 2 of 'Protocol
No 3 ;                                                                  Certificat de circulation des marchandises
                                                                          Certificato di circolazione delle merci
Whereas it is necessary to amend the model of
movement certificate A.W.1 contained in Annex VI                           Certificaat inzake goederenverkeer
to Protocol No 3 in order to render it identical to                                    Varesertifikat
the models contained in Annex VI of Protocol No
 3 annexed to each of the Agreements referred to                                      Tavaratodistus
 above ;
                                                                                     Flutningssikírteini
Whereas in order to ensure concordance of the
                                                                       Certificado de Circulação das mercadorias
versions in the different languages of Protocol No                                     Varucertifikat
3 , certain amendments must be made to the English
and German versions of the model of movement                  The order of the above may be changed in order to
certificate A.W.1 . ;                                          place at the top the version in the language of the
                                                                country which prints the certificate .
                                                                                         Article 3
HAS DECIDED :
                                                               The word 'date . . . .' shall be inserted in the space
                                                               ' Customs endorsement' to be found on the front of
                       Article 1
                                                              the models of movement certificates A.P.1 and A.W.1 .
                                                                                          Article 4
In the models of movement certificate A.P.1 contained
in Annex V to Protocol No 3 which are printed in               In the German-language version of the 'Declaration
Portugal, the following words shall be added to Note           by the exporter' to be found in Annex VI to Protocol
1 on the front of the model :                                  No 3 the words :
 ---pagebreak--- No L 160/30                          Official Journal of the European Communities                                18 . 6 . 73
    'Beschreibe den ursprungsbegründenden Vorgang                  'Declares that these goods were obtained in . . . ( 1)'
    wie folgt : (3 )'
shall be replaced by the following words :                      shall be replaced by the following words :
    'Beschreibe den Sachverhalt aufgrund dessen die                 'Declares that these goods are situated in . . . ( 1 )'.
    Waren die vorgenannten Voraussetzungen erfül­
    len, wie folgt : (3)'.
                                                                                         Article 6
                           Article 5
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 models previously in force imay continue to
No 3 the words :                                                be used until .stocks are finished :
              Done at Brussels, 9 February 1973 .
                                                                            For the Joint Committee
                                                                                  The Chairman
                                                                            F. de MAGALHAES CRUZ
                                The Secretaries
              A. CORREIA             C. D. von SCHUMANN
 ---pagebreak---  18 . 6. 73                           Official Journal of the European Communities                             No L 160/31
                                                        ANNEX IV
                                 DECISION OF THE JOINT COMMITTEE No 6/73
               supplementing and amending Protocol No 3 concerning the definition of the concept of
                           'originating products' and methods of administrative cooperation
THE JOINT COMMITTEE ,                                                    Protocol and for which a movement certificate
                                                                         has been issued indicating that they have
Having regard to the Agreement between the Euro­                         acquired the status of originating products
pean Economic Community and the Portuguese Re­                            and have undergone any additional proces­
puib'lic signed at Brussels on 22 July 1972 ;                            sing .solely in Portugal or in the two countries
                                                                         referred to above or in the other five countries
Having regard to Protocol No 3 concerning the defi­                       specified in Article 2 of this Protocol ;
mitioin of the concept of 'originating products' and
methods otf administrative cooperation, hereinafter
referred to as 'Protocol No 3 ', and in particular                  ( b) products, other than products of Chapters 50
Article 28 thereof;                                                      to 62, which meet the conditions of this
                                                                         Protocol and for which a movement certificate
Whereas it is necessary to make certain amendments                        has been issued indicating :
to Article 25 ( 1 ) of Protocol No 3 in order to prevent
the occurrence, to the detriment of originating prod­                    (i) that they have been obtained by the
ucts within the meaning of the Agreement of                                   processing of goods which, upon their ex­
22 July 1972, of some switching of sources oif supply                         port from the Community as originally
which could occur until the date from which customs
                                                                              constituted or from Ireland, had already
duties have ibeen abolished between the Community                             acquired there the status of originating
as originally constituted and Ireland on the one hand                         products ;
and Portugal on the other ; whereas it is in conse­
quence necessary to amend the texts of Articles 23
and 24 ;                                                                 (ii) and that the added value acquired in
                                                                              Portugal or in the two countries referred to
                                                                              above    or  in the other five        countries
HAS DECIDED :
                                                                              specified in Article 2 of this Protocol
                         Article 1                                            represents 50 % or more of the value of
                                                                              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
                                                                         2 below which meet the conditions of this
     1 . The following products may benefit, on                          Protocol and for which a movement certificate
     import into Portuigal or Denmark or the United
                                                                         has been issued indicating that they have been
      Kingdom, from the tariff provisions in force in
   ' Portugal or in the latter two countries and cov­                    obtained by the processing of goods listed in
      ered by Article 3 ( 1 ) and Article 4 of the Agree­                Column 1 below which, upon their export
     ment :
                                                                         from the Community as originally constituted
                                                                         or- from Ireland, had already acquired there
      (a) products which meet the conditions of this                     the status of originating products .
 ---pagebreak--- No L 160/ 32                      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 , and defined in                      man-made fibres and wastes of man­
                 Note 1 (a) to Chapter 51                                    made fibres (discontinuous or waste),
                                                                             carded, combed or otherwise prepared
                                                                             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
                                                                             cx 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 °/o 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
                                                             cx 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/ 33
                                        Column 1                                                Column 1
                                    Products used                                          Products obtained
                                                                  cx 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
                                                                               vain , 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 ^ 8.08    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 fibres
         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, cordage
                                                                              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
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 160/34                          Official Journal of the European Communities                              18.6 . 73
                                      Column I                                                 Column 2
                                   Products used                                          Products obtained
10.  ex 51.02       Monofil 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
II . ex 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 % 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
        50 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.'
 ---pagebreak--- 18 . 6 . 73                       Official Journal of the European Communities                           No L 160/35
                                                      Article 2
            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 Portugal on the other hand .'
            Done at Brussels, 9 February 1973 .
                                                                        For the Joint Committee
                                                                              The Chairman
                                                                        F. de MAGALHAES CRUZ
                          The Secretaries
            A. CORREIA          C. D. von SCHUMANN
 ---pagebreak--- No L 160/36                       Official Journal of the European Communities                            18 . 6. 73
                                                       ANNEX V
                              DECISION OF THE JOINT COMMITTEE No 7/73
                              concerning goods which are en route on 1 April 1973
            THE TOINT COMMITTEE ,
            Having regard to the Agreement between the European Economic Community and the
            Portuguese Republic signed at Brussels on 22 July, 1972 ;
            Having regard to Protocol No 3 concerning 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 as a result of a case of force majeure or exceptional circumstances
            to benefit from Article 3 (1) of the Agreement and Article 4 of Protocol No 1 ;
            HAS DECIDED :
                                                      Sole Article
            Goods which on 1 April 1973 are en route as a result of a case of force majeure or
            exceptional circumstances may be allowed until 15 May 1973 to benefit from Article 3 ( 1)
            of the Agreement and Article 4 of Protocol No 1 subject to submission to the customs
            authorities of the importing State of the documents required before 1 April 1973 in or­
           der to benefit from the said provisions.
           Done at Brussels, 9 February 1973 .
                                                                         For the Joint Committee
                                                                                The Chairman
                                                                        F. de MAGALHAES CRUZ
                            The Secretaries
           A. CORREIA             C. D. von SCHUMANN
 ---pagebreak--- 18 . 6. 73                        Official Journal of the European Communities                         No L 160/37
                                                    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
           Portuguese Republic signed at Brussels on 22 July 1972 ;
           Having regard to Protocol No 3 concerning 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 ;
           Whereas it is desirable to adopt certain measures in order to permit the use, in the course
           of working or processing in conformity with the provisions of Article 2 of Protocol No 3 ,
           of 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 Portugal 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 Portugal 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 necessary 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 , 9 February 1973 .
                                                                   For the Joint Committee
                                                                         The Chairman
                                                                  F. de MAGALHAES CRUZ
                            The Secretaries
           A. CORREIA             C. D. von SCHUMANN