CELEX: 21973D1231(01)
Language: en
Date: 1973-12-12 00:00:00
Title: Decision No 10/73 of the EEC-Austria Joint Committee of 12 December 1973 amending Protocol No 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation, and Decision No 3/73 of the Joint Committee laying down methods of administrative cooperation in the customs field

No L 365 / 112                    Official Journal of the European Communities                              31 . 12 . 73
                                DECISION No 10/73 OF THE JOINT COMMITTEE
                                                of 12 December 1973
               amending Protocol No 3 concerning the definition of the concept of ' originating products'
               and methods of administrative cooperation, and Decision No 3/73 of the Joint Committee
                       laying down methods of administrative cooperation in the customs field
 THE JOINT COMMITTEE,                                             Community or into Austria benefit from the
                                                                 Agreement upon submission of an EUR.l
                                                                 movement certificate, a specimen of which is
Having regard to the Agreement between the                       given in Annex V to this Protocol, issued by the
European Economic Community and the Republic of                   Customs authorities of Austria or of the Member
Austria, signed in Brussels on 22 July 1972 ;                    States of the Community.
Having regard to Protocol No 3 concerning the                    2. Where Article 2, and where appropriate,
definition of the concept of 'originating products' and          Article 3 are applied, the certificates shall be
methods of administrative cooperation and in                     issued by the Customs authorities of each of the
particular Article 28 thereof ;                                  countries concerned where the goods have either
                                                                 been held before their re-exportation in the same
Whereas the specimen A.OS.l movement certificate                 state or undergone the working or processing
given in Annex V to Protocol No 3 should be                      referred to in Article 2, upon presentation of the
replaced by certificate EUR.l in order to enable the             movement certificates issued previously.
latter certificate to be used under the Agreements
referred to in Article 2 of Protocol No 3 ;                      3 . Without prejudice to Article 5 (3 ), where, at
                                                                 the request of the person declaring the goods at
                                                                 customs a dismantled or non-assembled article
Whereas the procedure for issuing the movement
certificate in respect of a complete article imported in         falling within Chapter 84 or 85 of the Brussels
separate instalments should be laid down ;                       Nomenclature is imported by instalments on the
                                                                 conditions laid down by the competent
                                                                 authorities, it shall be considered to be a single
Whereas experience has shown the need to simplify                article and a movement certificate may be
procedures for issuing movement certificates relating            submitted for the whole article upon importation
either to goods which have remained in the territory             of the first instalment.
of the countries concerned but have not been placed
in a customs bonded warehouse and which are to be
                                                                 4.    The Customs authorities of Austria and of
re-exported in the same state, or to originating
products within the meaning of Article 2 and, where              the Member States of the Community shall be
                                                                 authorized to issue the movement certificates
appropriate, Article 3 of Protocol No 3 ;
                                                                 specified in the agreements referred to in Article 2
                                                                 under    the    conditions   laid   down    in   those
Whereas certain other provisions of Protocol No 3                agreements provided that the goods covered by
and of the Decision No 3 /73 of the Joint Committee              the certificates are in the territory of Austria or of
laying down methods of administrative cooperation                the Community. A specimen of the certificate to
in the customs field should be amended to take                   be used is given in Annex V to this Protocol .'
account of this Decision,
                                                                                      Article 2
HAS DECIDED :
                                                             Article 9 of Protocol No 3 is replaced by the
                         Article 1                           following :
                                                                 'A movement certificate shall be issued only on
Article 8 of Protocol No 3 is replaced by the                    application having been made in writing by the
following :                                                      exporter. Such application shall be made on the
                                                                 form of which a specimen is given in Annex V to
    '1.    Originating products within the meaning of            this Protocol, which shall be completed in
    this   Protocol shall, on import into the                    accordance with this Protocol .'
 ---pagebreak--- 31 . 12 . 73                             Official Journal of the European Communities                           No L 365 / 113
                            Article 3                                                         Article 7
 1.      Article 10 ( 2) of Protocol No 3 is deleted .              Explanatory Note 7, Article 8 of Annex I to Protocol
                                                                    No 3 is deleted .
2.      Article 10 (3 ) of Protocol No 3 which becomes
Article 10 (2) is replaced by the following :
                                                                                              Article 8
     '2 . Applications for movement certificates and
     the certificates referred to in Article 8 (2), upon
     presentation of which new certificates are issued,             The second sentence of Explanatory Note 8 , Article
     must be preserved for at least two years by the                10 of Annex I to Protocol No 3 is deleted .
     Customs authorities of the exporting country.'
                            Article 4                                                         Article 9
 Article 11 ( 3 ) of Protocol No 3 is replaced by the               Article 1 of Decision No 3 / 73 is deleted .
 following :
     '3 .     Movement certificates shall be preserved by
     the Customs authorities of the importing State in                                        Article 10
     accordance with the rules in force in that State .'
                                                                    The second subparagraph of Article 2 ( 1 ) of Decision
                                                                    No 3 / 73 is deleted .
                             Article 5
 The first and second paragraphs of Article 12 of
Protocol No 3 are replaced by the following :                                                 Article 11 '
      ' Movement certificates shall be made out on the
      form of which a specimen is given in Annex V to               The initials A.OS.l in Articles 4 and 5 of Decision
      this Protocol. This form shall be printed in one or            No 3 /73 and the initials A.W.I in Article 6 and in
      more of the languages in which this Agreement is              Article 8 (2 ) of that Decision are replaced by EUR.l .
      drawn up . Certificates shall be made out in one of
      these languages and in accordance with the
      provisions of the domestic law of the exporting
      State ; if they are handwritten, they shall be                                          Article 12
      completed in ink in printscript.
      Each certificate shall measure 210 X 297 mm, a                 Article 8 ( 1 ) of Decision No 3 /73 is deleted.
      tolerance of up to 5 mm less and 8 mm more
      being permissable as regards length. The paper
      used must be white-sized writing paper not
      containing mechanical pulp and weighing not less                                        Article 13
      than 25 g/m2. It shall have a printed green
      guilloche pattern background making any
      falsification by mechanical or chemical means                  1.    The specimen movement certificate in Annex V
      apparent to the eye.'                                          to Protocol No 3 is replaced by that in the Annex to
                                                                    this Decision .
                             Article 6
                                                                           Annex VI to Protocol No 3 is deleted .
 Article 20 of Protocol No 3 is replaced by the
 following :                                                         3.    Movement certificates made out on the forms
                                                                     previously in force, whether of the A.OS.l or of the
      'The Explanatory Notes, Lists A, B and C and the               A.W.I type, may continue to be used until stocks are
       specimen movement certificate shall form an                   used up , under the conditions laid down by this
       integral part of this Protocol .'                             Decision .
 ---pagebreak--- No L 365 / 114                    Official Journal of the European Communities                 31 . 12. 73
             Done at Brussels, 12 December 1973
                                                                       For the Joint Committee
                                                                            The Chairman
                                                                         R. de KERGORLAY
                           The Secretaries
               H. MICHITSCH          A. SLINGERLAND
 ---pagebreak---                                                                           ANNEX
                                                                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
                                                                                          of exportation                          of destination
                   6. Transport details ( Optional )                              7 . Remarks
(T) If goods        8 . Item number ; marks and numbers -, Number and kind of packages ( )                                 Gross              10 . Invoices
     are not             Description of goods                                                                              weight (kg)             ( Optional)
     packed , in­                                                                                                          orother mea­
     dicate
     number of                                                                                                             sure (litres ,
     articles or                                                                                                           m3, etc .)
     state 'in
     bulk' as
     appropri­
     ate .
                     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
   (*) Complete
       only where                                                                                      quired for the issue of the attached 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 i1)
                                                                           was issued by the Customs Office indicated and that
                                                                           the information contained therein is accurate.
                                                                           does not meet the requirements as to authenticity
                                                                           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)
                                                                 (l) 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 000.000
                                                                                            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
                                                                                    of exportation                        of destination
                 6. Transport details (Optional )                            7 . Remarks
                 8 . Item number ; marks and numbers ; Number and kind of packages ( 1) ;                       9 . Gross              10 . Invoices
(') If goods         Description of goods                                                                           weight (kg)             ( Optional )
    arc nor
                                                                                                                    orother mea­
    packed , in­
                                                                                                                    sure (litres ,
    number of                                                                                                       nr1 , etc .)
    articles or
    stare ' in
    bulk ' as
    appropri­
    ate .
                                                                                                12 . DECLARATION BY THE EXPORTER
                                                                                                I, the undersigned, declare that the goods
                                                                                                described above meet the conditions re­
                                                                                                quired for the issue of the attached certificate.
                                                                                                Place and date :
                                                                                                                       (Signature)
 ---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)
(1) 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.