CELEX: 
Language: en
Date: 1975-12-31 00:00:00
Title: Regulation (EEC) No 3424/75 of the Council of 18 December 1975 on the application of Decisions 1/75 and 2/75 of the EEC-Portugal Joint Committee concerning the methods of administrative cooperation #Decision 1/75 of the Joint Committee of 2 December 1975 amending Article 23 of Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation #Decision 2/75 of the Joint Committee of 2 December 1975 amending Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation and amending Joint Committee Decision 3/73 and repealing Joint Committee Decision 4/73

31 . 12. 75                        Official Journal of the European Communities                    No L 338/49
                            REGULATION (EEC) No 3424/75 OF THE COUNCIL
                                                of 18 December 1975
            on the application of Decisions 1/75 and 2/75 of the EEC-Portugal Joint Committee
                             concerning the methods of administrative cooperation
            THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
            Having regard to the Treaty establishing the European Economic Community, and in
            particular Article 113 thereof;
            Having regard to the proposal from the Commission ;
            Whereas an Agreement (1 ) between the European Economic Community and the
            Republic of Portugal was signed on 22 July 1972 and entered into force on 1 January
            1973 ;
            Whereas pursuant to Article 28 of Protocol 3 concerning the definition of the concept
            of 'originating products' and methods of administrative cooperation, which is an
            integral part of that Agreement, the Joint Committee adopted on 2 December 1975
            Decisions 1/75 and 2/75 concerning the methods of administrative cooperation;
            Whereas it is necessary to give effect within the Community to those Decisions,
            HAS ADOPTED THIS REGULATION :
                                                       Article 1
            For the purpose of applying the Agreement between the European Economic Com­
            munity and the Republic of Portugal Decisions 1/75 and 2/75 of the Joint Committee
            annexed hereto shall apply within the Community.
                                                       Article 2
            This Regulation shall enter into force on 1 January 1976.
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 18 December 1975.
                                                                                 For the Council
                                                                                  The President
                                                                                  M. TOROS
                OJ No L 301 , 31 . 12. 1972, p. 165 .
 ---documentbreak--- No L 338 /50                         Official Journal of the European Communities                               31 . 12. 75
                                   DECISION 1/75 OF THE JOINT COMMITTEE
                                                   of 2 December 1975
              amending Article 23 of Protocol 3 concerning the definition of the concept of 'originating
                                 products' and methods of administrative cooperation
THE JOINT COMMITTEE,                                            "Whereas in practice it is a result of these provisions
                                                                that the benefit of drawback of customs duty or
                                                                exemption from customs duty of whatever kind, is
                                                                prohibited for products originating in the Community
Having regard to the Agreement between the                       as originally constituted or in Ireland which are
European Economic Community and the Republic                    used in the manufacture of products which may
of Portugal, signed in Brussels on 22 July 1972;                 benefit from the tariff system resulting from
                                                                 Article 3 ( 1 ) of the Agreement ;
Having regard to Protocol 3 concerning the
definition of the concept of 'originating products'              Whereas this prohibition must continue for as long
and methods of administrative cooperation (herein­               as the tariff system resulting from Article 3 ( 1 ) of
after referred to as 'Protocol 3 '), and in particular           the Agreement is not identical to that resulting from
Article 28 thereof;                                              Article 3 (2) thereof;
Whereas the present provisions of Article 23 ( 1 ) of            Whereas, however, for the majority of the products
Protocol 3 , suspended until 31 December 1975 by                 concerned, this prohibition will continue only until
Joint Committee Decision 4/74 of 2 December 1974,                30 June 1977 ; whereas it is appropriate in a desire
stipulate that the prohibition on the benefit of                 for simplification, to lay down the same date for all
drawback of customs duty or exemption from                       the products in question,
customs duty of whatever kind, for non-originating
products used in the manufacture of originating
products, applies as from the date when the duty
applicable to originating products of the same kind              HAS DECIDED AS FOLLOWS :
as the products used was, in the Community or in
Portugal, reduced to 40% of the basic duty;                                                Article 1
Whereas the reference to a certain level of tariff               The text of Article 23          of Protocol 3   shall be
dismantling in order to determine the date of                    replaced by the following:
application of these provisions is likely to entail
practical difficulties, in particular because of the                 'Article 23
differences in tariff systems applicable both to the
finished products and to the originating products of                 1 . Without prejudice to the provisions of Article
the same kind as the products used ;                                 1 of Protocol 2, products of the kind to which
                                                                     the Agreement applies, . which are used in the
Whereas it is consequently appropriate to provide                    manufacture of products for which a movement
                                                                     certificate EUR.1 or a form EUR.2 is issued or
for a uniform date of application for the whole of
                                                                     completed, can only      be the subject of drawback
the products concerned; whereas that date may be
the date of the entry into force of this Decision ;                  of customs duty or       benefit from an exemption
                                                                     from customs duty         of whatever kind when
                                                                     products originating    in the Community, Portugal
Whereas, in addition, the present provisions of                      or one of the six countries referred to in Article 2
                                                                     of this Protocol are concerned.
Article 23 (2) and (3 ), stipulate that, for the
 application of the tariff system in force by virtue
of Article 3 ( 1 ) of the Agreement, in trade between                2. Without prejudice to the provisions of
the former EFTA countries, only those products                       Article 1 of Protocol 2, products originating
 referred to in Article 25 ( 1 ) of Protocol 3 may benefit           in the Community as originally constituted or in
 from drawback of customs duty of whatever kind ;                    Ireland which are used in the manufacture of
 ---pagebreak--- 31 . 12. 75                        Official Journal of the European Communities                        No L 338/51
     products obtained in accordance with the                                       Article 2
     conditions laid down in Article 25(1 ) may not
                                                              This Decision shall enter into force on 1 January
     be the subject, in the State where such                  1976.
     manufacture took place, of drawback of customs
     duty or benefit from an exemption of customs
     duty of whatever kind until 30 June 1977.                Done at Brussels, 2 December 1975.
                                                                                       For the Joint Committee
     3. In this and the following Articles, the term                                         The President
     "customs duty" also means charges having an
     equivalent effect to customs duty.'                                                  R. de KERGORLAY
 ---documentbreak--- NA ---documentbreak--- No L 338/52                         Official Journal of the European Communities                              31 . 12. 75
                                 DECISION 2/75 OF THE JOINT COMMITTEE
                                                  of 2 December 1975
              amending Protocol 3 concerning the definition of the concept of 'originating products'
              and methods of administrative cooperation and amending* Joint Committee Decision
                                 3/73 and repealing Joint Committee Decision 4/73
THE JOINT COMMITTEE,                                                declared as meeting the conditions required for
                                                                    the application of these provisions, and where
                                                                    there is no doubt as to the veracity of such
                                                                    declaration.
Having' regard to the Agreement between the
European Economic Community and the Republic
of Portugal, signed in Brussels on 22 July 1972 ;                   2. Importations which are occasional and consist
                                                                    solely of goods for the personal use of the
                                                                    recipients or travellers or their families shall not
Having regard to Protocol 3 concerning the definition               be considered as importations by way of trade
of the concept of 'originating products' and methods                if it is evident from the nature and quantity of
of administrative cooperation (hereinafter referred to              the goods that no commercial purpose is in view.
as 'Protocol 3 '), and in particular Article 28                     Furthermore, the total value of these goods must
thereof;                                                            not exceed 100 units of account in the case of
                                                                    small packages or 300 units of account in the
Whereas it is desirable that the value limits laid down             case of the contents of travellers' personal
in Article 14 of Protocol 3 should be raised ;                      luggage.'
Whereas it is necessary to provide a box in the                                         Article 2
movement certificate EUR.1 and in form EUR.2 in
which the name of the country of origin should be               The model movement certificate EUR.1 given in
inserted; whereas it is as a result, desirable to amend         Annex V to Protocol 3 , as amended by Joint
the models of this certificate and form ;                       Committee Decision 10/73 , shall be replaced by the
                                                                model given in Annex I hereto.
Whereas it is also necessary to simplify further the
procedure for issuing this certificate and for                                          Article 3
completing this form and inter alia by extending the
measures adopted by Joint Committee Decision 4/73               Note 8 to Article 10 of Annex I to Protocol 3 shall be
 to other means of transport, as well as to raise the           deleted.
value limit laid down in that Decision,
                                                                                        Article 4
HAS DECIDED AS FOLLOWS :
                                                                1 . Article 8 (2) of Joint Committee Decision 3/73
                        Article 1                               shall be deleted.
The text of Article 14 ( 1 ) and (2) of Protocol 3 shall        2. The first subparagraph of Article 19 (2) of Joint
 be deleted and replaced by the following :                     Committee Decision 3/73 shall be replaced by the
                                                                following:
    ' 1 . The Community and Portugal shall admit as                 'For the purpose of implementing           the pro­
    originating products benefiting from the Agree­                 visions of paragraph 1 , the customs      authorities
    ment without' requiring the production of a                     of the importing State shall return the   movement
    movement certificate EUR.1 or a form EUR.2                      certificate or the form EUR.2 or a        photocopy
    any goods sent as       small packages to private               thereof, to the customs authorities of the
    persons or forming      part of travellers' personal            exporting State, giving, where appropriate, the
    luggage, provided      that such goods are not                  reasons of substance or form for an inquiry. The
    imported by way         of trade and have been                  invoice, if it has been submitted, or a copy
 ---pagebreak--- 31 . 12. 75                         Official Journal of the European Communities                           No L 338/53
     thereof shall be attached to the form EUR.2 and           also bear a serial number, whether or not printed,
     the customs authorities shall forward any                 by which it can be identified.
     information that has been obtained suggesting
     that the particulars given on the said certificate                                 Article 8
      or the said form are inaccurate.'
                                                               In order to ensure proper application of this
                         Article 5                             Decision, the Member States of the Community and
                                                               Portugal shall assist each other, through their
Article 21 of Decision 3/73 of the Joint Committee             respective customs administrations, in checking the
shall be replaced by the following:                            authenticity and accuracy of exporters' declarations
                                                               made on forms EUR.2.
      'Article 21
                                                                                        Article 9
      The initials and the endorsements referred to in
     Articles 13, 14 and 20 shall be inserted in the
      "Remarks" box of the certificate.'                       Penalties shall be imposed on any person who
                                                               completes a form or causes a form to be completed
                                                               which      contains  inaccurate    information  for  the
                         Article 6                              purpose of enabling goods to benefit from preferential
                                                               treatment.
 1 . Without prejudice to Article 8 ( 1 ) of Protocol 3 ,
 originating products within the meaning of that                                       Article 10
 Protocol shall, provided the consignment consists
 only of. originating products and provided the value           1 . Movement certificates made out on the forms
 does not exceed 1 500 Units of account per
                                                               previously in force may be used until depletion of
 consignment, benefit from the provisions of the
                                                                stocks and at the latest up to and including 30 June
 Agreement on import into the Community or
                                                                1977, under the conditions laid down before the
 Portugal on presentation of form EUR.2 of which a
                                                                entry into force of this Decision.
 model is given in Annex II.
 2. One form EUR.2 shall be completed for each                 2. Forms EUR.2 made out on the form previously
                                                                in force may be used until depletion of stocks and at
 consignment.
                                                               the latest up to and including 30 June 1977 for postal
                                                                consignments (including parcel post) under the
                          Article 7                             conditions laid down before the entry into force of
                                                                this Decision.
 Form EUR.2 shall be completed by the exporter or,
 under his responsibility, by his authorized                    Additionally, they may be used until depletion of
 representative. It shall be made out on the form of            stocks and at the latest up to and including 30 June
 which a model is given in Annex II. This form shall            1977, under the conditions laid down by this
 be printed in one or more of the languages in which            Decision. In that case, the information to be given in
 the Agreement is drawn up. It shall be made out in             box 8 of the forms, models of which are to be found
 one of these languages and in accordance with the              in Annex II, should be given in box 7.
 provisions of the domestic law of the exporting State.
 If it is handwritten it must be completed in ink and                                   Article 11
 in block letters.
 Form EUR.2 shall be 210 X 148 mm . A tolerance of              Decision 4/73 of the Joint Committee is hereby
                                                                repealed.
 up to plus 8 or minus 5 mm in the length may be
 allowed. The paper used shall be white paper dressed
 for writing not containing mechanical pulp and                                         Article 12
 weighing not less than 64 g/m2.
                                                                The text of Article 18 of Joint Committee Decision
 The Member States of the Community and Portugal                3/73 shall be replaced by the following:
 may reserve the right to print the forms themselves
 or may have them printed by printers approved by                   fArticle 18
 them . In the latter case each form must bear a
 reference to such approval. In addition, the form                  Under the responsibility of the exporter, he or his
 must bear the name and address of the printer or a                  authorized representative shall complete and sigh
 mark by which the printer can be identified. It shall               the form EUR.2.
 ---pagebreak--- No L 338/54                       Official Journal of the European Communities                           31 . 12. 75
    If the goods contained in the consignment have                                Article 14
    already been subject to verification in the
    exporting country by reference to the definition         This Decision shall enter into force on 1 February
    of the concept of "originating products", the            1976.
    exporter may refer to this check in the
   "Remarks" box of form EUR.2.'
                                                             Done at Brussels, 2 December 1975 .
                     Article 13
An exporter who has completed a form EUR.2 shall                                      For the Joint Committee
be obliged to submit, at the request of the customs                                         The President
authorities of the exporting country, supporting
evidence concerning the use of this form.                                                R. de KERGORLAY
 ---pagebreak---                                                                         ANNEX I
                                                                MOVEMENT CERTIFICATE
                   1 . Exporter (Name, full address, country)                                   EUR.1                   No A ooo.ooo
                                                                                               See notes overleaf before completing this form
                                                                               2. Certificate used in preferential trade between
                   3 . Consignee (Name , full address, country)
                       ( Optional )
                                                                                                                      and
                                                                                     ( insert appropriate^countries , groups of countries or territories)
                                                                                   4. Country, group of                   5 . Country, group of
                                                                                       countries or territory                 countries or territory
                                                                                       in which the products                  of destination
                                                                                        are considered - as
                                                                                        originating
                   6. Transport details (Optional)                              7. Remarks
(l ) If goods
     are not
                   8 . Item number ; Marks and numbers ; Number and kind of packages (>) ;                         9. Gross                10. Invoices
     packed , in­      Description of goods                                                                             weight (kg)             ( Optional)
     dicate                                                                                                             or other mea­
     number of                                                                                                          sure (litres ,
     articles or
     state ' in                                                                                                         m3, etc.)
     bulk' as
     appropriate .
                    11 . CUSTOMS ENDORSEMENT                                                       12 . DECLARATION BY THE EXPORTER
                   Declaration certified                                                           I , the undersigned, declare that the goods
                   Export document (2)                                      Stamp                  described above           meet the conditions re­
 (2) Complete
     only where                                                                                    quired for the issue of this certificate.
     the regu­     Form                                  No
      lations of
                    Customs office
     the expor­
     ting coun­    Issuing country or territory                                                    Place and date :
      try or ter­
     ritory re­
     quire.
                    Date
                                          ( Signature)                                                                     ( Signature)
 ---pagebreak---     13. REQUEST FOR VERIFICATION, to                              14. RESULT OF VERIFICATION,
                                                                  Verification carried out shows that this certificate (*)
                                                                  j     1   was issued by the customs office indicated and that
                                                                  L—1       the information contained therein is accurate.
                                                                  1    1    does not meet the requirements , as to authenticity
                                                                  L—1       and accuracy (see remarks appended).
    Verification of the authenticity and accuracy of this certi­
    ficate is requested.
                                (Place and date)                                                  (Place and date)
                                                        Stamp                                                           Stamp
                      ( Signature)                                                       ( Signature)
                                                                  i1) Insert "X in the appropriate box.
                                                              NOTES
1 . Certificates must not contain erasures or words written over one another. Any alterations must be made by deleting the
    incorrect particulars and adding any necessary corrections. Any such alteration must be initialled by the person who
     completed the certificate and endorsed by the customs authorities of the issuing country or territory.
2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A
     horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner
     as to make any later additions impossible.
3 . Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified.
 ---pagebreak---                                                      APPLICATION FOR A MOVEMENT CERTIFICATE
                  1 . Exporter (Name, full address, country)                                 EUR . 1                No   A ooo.ooo
                                                                                            See notes overleaf before completing this form
                                                                             2. Application for a certificate to be used in preferential
                                                                                 trade between
                  3 . Consignee (Name, full address, country)
                      (Optional)
                                                                                                                 and
                                                                                   (insert appropriate countries, groups of countries or territories)
                                                                                 4. Country, group of                 5. Country, group of
                                                                                    countries or territory               countries or territory
                                                                                    in which the products                of destination
                                                                                    are considered as
                                                                                    originating
                  6. Transport details (Optional)                            7 . Remarks
(i ) If goods
     are not
                  8. Item number ; Marks and numbers ; Number and kind of packages (') ;                        9 . Gross              10. Invoices
     packed , in­     Description of goods                                                                          weight (kg)             (Optional)
     dicate                                                                                                         or other mea­
     number of
     articles or
                                                                                                                    sure (litres,
     state 'in                                                                                                      m3, etc.)
     bulk* as
     appropri­
     ate .
 ---pagebreak---                                                   DECLARATION BY THE EXPORTER
I , the undersigned, exporter of the goods described overleaf,
DECLARE that the goods : meet the conditions required for the issue of the attached certificate ;
SPECIFY as follows the circumstances which have enabled these goods to meet the above conditions :
SUBMIT the following supporting documents (*) :
UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which these authorities may
                require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspection
                of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said
                authorities ;
 REQUEST the issue of the attached certificate for these goods.
                                                                                                          (Place and date)
                                                                                                             (Signature)
 (*) For example : import documents, movement certificates, invoices, manufacturer's declarations, etc., referring to the products used in manufacture or to
     the goods re-exported in the same state .
 ---pagebreak---                                                                                                                                                 ANNEX II
                                                                                                                                                         1   Form used in preferential trade
                                                                    FORM          EUR. 2 no                                                                  between (')                              and
        carefully the instructions on the other side
                          .                                                                                                                                  Declaration by exporter
                                                         2          Exporter (Name, full address, country)                                              3
                                                                                                                                                              I, the undersigned, exporter of the goods described below,
                                                                                                                                                              declare that the goods comply with the requirements for
                                                                                                                                                              the completion of this form and that the goods have ob­
                                                                                                                                                              tained the status of originating products within the provi­
                                                                                                                                                              sions governing preferential trade shown in box 1 .
                                                         4          Consignee (Name, full address, country)
                                                                                                                                                        5    Place and date
                                                                                                                                                        6     Signature of exporter
(
    )
RECTO
                                                             7      Remarks ( 2)                                                                        8     Country of origin (3 )             9    Country of destination (4 )
           this form read
                                                                                                                                                                                                 10   Gross weight (kg)
                                                        11          Marks; Numbers of consignment; Description of goods                                                 12   Authority in the exporting country (4 ) res­
                                                                                                                                                                             ponsible for verification of the declaration
                                                                                                                                                                             by the exporter
            completing
            Before
                                                       (')       Insert the countries, groups of countries or territories concerned .
                                                       (2)       Refer to any verification already carried out by the appropriate authorities.
                                                       (3)       The term 'country of origin' means country, group of countries or territory where the goods are considered to be originating.
                                                       (4)       The term 'country' means country, group of countries or territory of destination.
 ---pagebreak---                  13    Request for verification                                                          14   Result of verification
                       The verification of the declaration by the exporter on the                             Verification carried out shows that (')
                       front of this form is requested (* )                                                   1       the statements and particulars given in this form are
                                                                                                                   I accurate.
                                                                                                                      this form -does not meet the requirements as to accu­
                                                                                                              1       racy and authenticity (see remarks appended.)
                                                                                           19                                                               ,                       19
                                      (Place and date)                                                                       ( Place and date)
                                                                                  Stamp                                                                                   Stamp
                                                                                                                             (Signature)
                                    (Signature)
                      \                                                                                        (') Insert X in the appropriate box.
(   VERSO   )
                (*) Subsequent verifications of forms EUR . 2 shall be carried out at random or whenever the customs authorities of the importing State have reasonable doubt as to the accuracy
                    of the information regarding the authenticity of the forms and the true origin of the goods in question.
                                                                         Instructions for the completion of form EUR. 2
                1 . A form EUR.2 may be made out only for goods which in the exporting country fulfil the conditions specified by the provisions
                    governing the trade referred to in box 1 . These provisions must be studied carefully before the form is completed.
                2 . In the case of a consignment by parcel post the exporter attaches the form to the dispatch note. In the case of a consignment by
                    letter post he encloses the form in a package. The reference 'EUR.2' and the serial number of the form should be stated on the customs
                    green label declaration Cl or on the customs declaration C2/CP3, as appropriate.
                3 . These instructions do not exempt the exporter from complying with any other formalities required by customs or postal regulations.
                4 . An exporter who uses this form is obliged to submit to the appropriate authorities any supporting evidence which they may require and
                    to agree to any inspection by them of his accounts and of the processes of manufacture of the goods described in box 11 of this form.