CELEX: 21973D1124(01)
Language: en
Date: 1973-11-06 00:00:00
Title: Decision of the EEC-Iceland Joint Committee No 3/73 laying down the methods of administrative cooperation in the customs field for the purpose of implementing the Agreement between the European Economic Community and the Republic of Iceland

No L 324/2                           Official Journal of the European Communities                              2.4. 11.73
                                                         ANNEX I
                                  DECISION OF THE JOINT COMMITTEE No 3/73
               laying down the methods of administrative cooperation in the customs field for the
               purpose of implementing the Agreement between the European Economic Community
                                                and the Republic of Iceland
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
Having regard to the Agreement between the Euro­                provisions of Protocol No 3 .
pean Economic Community and the Republic of Ice­
land signed at Brussels on 22 July 1972 ;
                                                                2. The exporter or his representative shall submit
                                                                with his request any appropriate supporting docu­
Having regard to Protocol No 3 on the definition of             ment proving that the goods to be exported qualify
the concept of 'originating products' and methods               for the issue of a movement certificate.
of administrative cooperation, and in particular
Article 16 thereof;
                                                                                         Article 3
Whereas it is necessary, for the proper functioning of
the Agreement, to organize close administrative co­
operation between the Contracting Parties to the                1 . It shall be the responsibility of the customs
Agreement to ensure correct and uniform application             authorities of the exporting country to ensure that
of the customs provisions contained therein, in parti­          forms referred to in Article 2 are duly completed. In
cular 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 any possibility of
                                                                fraudulent additions. To this end, the description of
                                                                the goods must be given without leaving any blank
                                                                lines. Where the space is not completely filled a
HAS DECIDED :                                                   horizontal line must be drawn below the last line 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 pre­
certificates' is used in this Decision and it is not speci­     ferential tariff and quota arrangements laid down in
fied whether the certificate or certificates concerned          the Agreement, it shall be the responsibility of the
are of the type described in Article 8 ( 1 ) or Article         customs authorities of the exporting country to take
8 ( 2) of Protocol No 3 on the definition of the con­           any steps necessary to verify the origin of the goods
cept of 'originating products' and methods of ad­               and to check the other statements on the certificate.
ministrative cooperation, hereinafter referred to as
Protocol No 3 , the relevant provisions shall apply
equally to both types of certificate.
                                                                                         Article 4
                          Article 2                             The A.IS.l movement certificate shall be issued by
                                                                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--- 24 . 11 . 73                            Official Journal of the European Communities                               No L 324/3
                          Article 5                                      — the date of unloading and reloading of the
                                                                             goods and,
The A.IS.l movement certificate shall be issued by                           where applicable, the names of the ships ,
the customs authorities of Iceland if the goods to be                    — certified proof of the conditions under which
exported can be considered products originating in                           the goods have stayed in the transit country ;
Iceland within the meaning of Article 1 (2) of Proto­
col No 3 .                                                         ( c) or, failing such particulars, any documentary
                                                                         evidence .
                           Article 6                                                        Article 10
The A.W.I movement certificate shall be issued by                  The date of issue of the movement certificate must
the customs authorities of a Member State of the                   be indicated in the part of the certificate reserved for
European Economic Community or of Iceland if the                   the customs authorities .
goods to be exported can be considered products
originating in the Community, in Iceland or in Aus­
tria, Finland, Portugal, Sweden or Switzerland with­                                        Article 11
in the meaning of Article 2 and, where applicable,
Article 3 of Protocol No 3 .
                                                                   The Customs authorities of the Member States and
                                                                   Iceland shall provide each other, through the Com­
                                                                   mission of the European Communities, with specimen
                           Article 7                               impressions of stamps used in their customs offices
                                                                   for the issue of movement certificates .
For the purpose of verifying whether the conditions
stated in Article 4, 5 and 6 have been met, the
                                                                                            Article 12
customs authorities shall have the right to call for any
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
                                                                   the goods are located .
                           Article 8
 1 . A.W.I movement certificates must indicate the                                          Article 13
initials of certificates issued earlier followed by the
 numbers of those certificates . This reference may be              1 . When a certificate is issued within the meaning
 replaced by that of the export dossier.
                                                                   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 Article
3 . of Protocol No 3 , A.W.I movement certificates                  9 of Protocol No 3 :
must indicate the State in which the products used
 have acquired the 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
                                                                         the reasons .
 Proof that the conditions set out in Article 7 of Pro­
 tocol No 3 have been met shall be provided by sub­
 mission to the customs authorities of the importing                2. The customs authorities may issue a movement
 State of either :                                                  certificate retrospectively only after verifying that the
                                                                   particulars supplied in the exporter's application
 ( a ) a single supporting transport document, made                 agree with those on the corresponding document.
       out1 by the exporting State, under the cover of
       which the transit country has been crossed or
                                                                      Certificates issued retrospectively must be endorsed
 ( b) a certificate issued by the customs authorities of            with one of the following phrases : 'Nachtraglich
       the transit country containing :                             ausgestellt', 'Delivre a Posteriori', 'Rilasciato a
                                                                    Posteriori', 'Afgegeven a Posteriori ', 'Issued Retrospec­
       — an exact description of the goods,                         tively', ' Udstedt Efterfolgende ', 'Utgefid Eftir a'.
 ---pagebreak---  No L 324/4                        Official Journal of the European Communities                             24. 11.73
                        Article 14                            new certificate at the exporter's request if the treat­
                                                             ment or processing undergone is in conformity with
In the event of the theft, loss or destruction of a           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
must be endorsed with one of the following words :                                   Article 18
'Duplikat', 'Duplicata', 'Duplicato', 'Duplicaat',
'Duplicate', 'Samrit'.
                                                              1 . Under the responsibility of the exporter, he or his
                                                              authorized representative shall complete and sign the
 The duplicate, which must bear the date of issue             two parts of form EUR.2, of which a model is
 of 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 al­
                                                             ready 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 this
Movement certificates submitted to the customs                check 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',
purpose of applying the preferential arrangements            followed by the serial number of the form on the
provided the failure to observe this time limit results      green label C 1 or customs declaration C 2/CP 3 .
from force majeure or exceptional circumstances .
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
The discovery of slight discrepancies between the            regarding the true origin of the goods in question .
statements made in the movement certificate and
those made in the documents submitted to the
                                                             2. For the purpose of implementing the provisions
customs office for the purpose of carrying out the           of paragraph 1 above, the Customs authorities of the
formalities for importing the goods shall not ipso           importing State shall return the movement certificate
facto render the certificate null and void, provided         or Part 2 of form EUR.2, or a photocopy thereof, to
it is duly established that the certificate corresponds      the customs authorities of the exporting State, giving,
to the goods.
                                                             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 Part 2 of form
                        Article 17                           EUR.2 and the customs authorities shall forward any
                                                             information that has been obtained suggesting that
                                                             the particulars given on the said certificate or the
1 . The Member States and Iceland shall take all             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             decide to suspend the provisions of the Agreement
do not undergo handling other than normal oper­              while awaiting the results of the verification, they
ations designed to prevent their deterioration .             shall offer to release the goods to the importer sub­
                                                             ject to any precautionary measures judged necessary.
2 . When products originating in the Community or
Iceland and imported into a free zone under cover of         3 . The customs authorities of the importing State
a movement certificate undergo treatment or process­         shall be informed of the results of the verification as
ing, the customs authorities concerned must issue a          soon as possible. These results must be such as to
 ---pagebreak--- 24. 11 . 73                        Official Journal of the European Communities                           No L 324/5
make it possible to determine whether the disputed                                    Article 20
movement certificate or form EUR.2 applies to the
goods actually exported, and whether these goods              For the application of Article 25 ( 1 ) of Protocol No
can, in fact, qualify for the application of the prefer­      3 , movement certificates and forms EUR.2 may be
ential arrangements.                                          endorsed with one of the following expressions :
                                                              'Art. 25.1 gegeben', 'Application Art. 25.1 ', 'Appli­
                                                              cazione Art. 25.1 ', 'Art. 25.1 Voldaan', 'Art. 25.1
                                                              Satisfied', 'Art. 25.1 Opfyldt', 'Akvaedum Art. 25.1
When such disputes cannot be settled between the              Fulinaegt'.
customs authorities of the importing State and those
of the exporting State or when they raise a question
as to the interpretation of Protocol No 3, they shall         These expressions shall be authenticated, in the case
be submitted to the Customs Committee .                       of movement certificates, by means of the stamp used
                                                              by the appropriate customs office.
For the purpose of the subsequent verification of cer­                                Article 21
tificates, 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, 8 June 1973 .
                                                                      For the Joint Committee
                                                                           The Chairman
                                                                         Th . ASGEIRSSON
                       The Secretaries
               O. EGILSSON         M. C. SAUT