CELEX: 21988D0808(01)
Language: en
Date: 1988-02-10 00:00:00
Title: Decision No 1/88 of the EEC-Sweden Joint Committee of 10 February 1988 amending Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation

8 . 8 . 88
No L 216/ 2                           Official Journal of the European Communities
                                     DECISION No 1 /88 OF THE EEC-SWEDEN
                                                  JOINT-COMMITTEE
                                                   of 10 February 1988
                amending Protocol 3 concerning the definition of the concept of 'originating products'
                                        and methods of administrative cooperation
THE JOINT COMMITTEE,                                             Whereas it is therefore appropriate for the proper func­
                                                                 tioning of the Agreement to incorporate in a single text
                                                                 all the provisions in question with a view to facilitating
                                                                 the work of users and customs administrations,
Having regard to the Agreement between the European
Economic Community and the Kingdom of Sweden,
signed in Brussels on 22 July 1972,
                                                                 HAS DECIDED AS FOLLOWS :
Having regard to Protocol 3 concerning the definition of
the concept of 'originating products' and methods af                                         Article 1
administrative cooperation, and in particular Article 28
thereof,
                                                                 The text of Protocol 3 as amended and supplemented by
                                                                 Decisions No 2/ 85, No 1 / 86, No 2/ 86, No 3/86, No
                                                                  1 / 87, No 2/87 and No 3/87 is hereby replaced by the
                                                                 text annexed to this Decision.
Whereas the origin rules contained in Protocol 3 are
based on the use of the Customs Cooperation Council
Nomenclature ; whereas the Customs Cooperation
Council approved the 'International Convention on the
                                                                                             Article 2
Harmonized Commodity Description and Coding
System' (hereinafter referred to as the harmonized
system) on 14 June 1983 ; whereas it is the intention that,       1 . Products which were exported before 1 January
as from 1 January 1988 , the harmonized system will               1988, accompanied by an EUR. 1 certificate, form
replace the current nomenclature for the purposes of             EUR. 2 or by an invoice containing the exporter's
international trade ; whereas it is therefore necessary to       declaration as provided for in Annex V to Protocol 3,
adopt the rules of origin contained in Protocol 3 so that        shall be considered as originating under the rules in force
they are based on the use of the harmonized system ;             on rjanuary 1988 .
                                                                 2.       EUR. 1 certificates, forms EUR. 2 or the invoices
Whereas, in the light of experience, the presentation of
the origin rules could be improved by grouping all the           containing the exporter's declaration as provided for in
                                                                 Annex V to Protocol 3, issued or made out before 1
exceptions to the basic change of heading rule into one
list and by providing detailed guidance on how it should         January 1988 under the rules in force before that date
be interpreted;                                                  shall be accepted up to and including 30 April 1988
                                                                  according to the rules in force when they were issued.
Whereas it is necessary to amend Articles 2, 5 and 6 and          Forms EUR. 2 fulfilling the conditions set out in Articles
the explanatory notes in Annex I as a consequence of the          8 ( 1 ) (b) and 14 of Protocol 3 to the Agreement between
adoption of a single list;                                       the European Economic Community and the Kingdom
                                                                 of Sweden in force on 30 June 1987, including forms
                                                                 EUR. 2 carrying the entry 'EFTA-SPAIN-TRADE' used
                                                                 in the framework of direct trade between Spain and
Whereas, for the purposes of implementing the                     Sweden or one of the five other countries mentioned in
Agreement, the rules of origin laid down, as regards             Article 2 of Protocol 3, may continue to be completed
both the conditions under which products acquire the              and accepted up to and including 30 June 1988 .
status of originating 'products and proof of such status
and the detailed rules for verifying it in accordance with
the said Protocol, have been amended by a number of
EEC-Sweden Joint Committee Decisions ; whereas other              3 . LT certificates issued before 1 January 1988, under
Decisions of the said EEC-Sweden Joint Committee                 the rules applicable before that date, shall be accepted
have introduced certain procedures simplifying                   within their period of validity where this expires on or
implementation of that Protocol ;                                 after 1 January 1988 .
 ---pagebreak---                                                                                                                 No L 216 / 3
8 . 8 . 88                             Official Journal of the European Communities
                                                                                          Article 3
Invoices made out on or after 1 January 1988 referring
to an LT certificate, issued before 1 January 1988, shall         This Decision shall apply from 1 January 1988 .
be accepted within the four months following the expiry
date of the LT certificate given on these invoices.
                                                                  Done at Brussels, 10 February 1988 .
4. The provisions of Article 9 (5) and (6) of Protocol                                            For the Joint Committee
 3 shall also apply in the cases of goods exported before 1
January 1988 and retrospective or duplicate EUR. 1                                                      The President
 certificates may be issued under the rules in force before                                            P. BENAVIDES
 that date .
 ---documentbreak---                                      Official Journal of the European Communities                            8 . 8 . 88
No L 216/ 4
            Joint Declaration concerning the review of the changes to the origin rules as a result of the
                                         introduction of the harmonized system
            Where, following the amendments made to the Nomenclature, the new rules introduced by
            Decision No 1 /88 alter the substance of any rule existing prior to Decision No 1 /88, and it
            appears that such alteration results in a situation prejudicial to the interest of the sectors
            concerned, then, if one of the contracting parties so requests in the period up to and including
            31 December 1990, an examination shall be made as a matter of urgency by the Joint
            Committee, of the need to restore the substance of the rule concerned as it was before
            Decision No 1 / 88 .
            In any case the Joint Committee shall decide to restore, or not to restore, the sustance of the
            rule concerned within a period of three months of the request being made to it by either of the
            parties to the Agreement.
            If the substance of the rule concerned is restored, then the parties to the Agreement shall also
            provide the legal framework necessary to ensure that any customs duties paid on the products
            concerned imported after 1 January 1988 can be reimbursed.