CELEX: 51989PC0556
Language: en
Date: 1989-11-14
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE APPLICATION OF DECISION OF THE EEC - AUSTRIA / FINLAND / ICELAND / NORWAY / SWEDEN / SWITZERLAND JOINT COMMITTEE AMENDING PROTOCOL NO 3 CONCERNING THE DEFINITION OF THE CONCEPT OF " ORIGINATING PRODUCTS " AND METHODS OF ADMINISTRATIVE COOPERATION

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM (89) 556 final
                                                   Brussels, 14 November 1989
                                       Draft
                    DECISION OF THE EEC-(A) JOINT COMMITTEE
                       amending Protocol n* 3 concerning
                       the definition of the concept of
                             "originating products"
                   and methods of administrative cooperation
following the suspension of customs duties applicable by the Community of Ten
                         and (A) to imports from Spain
                                  Proposal for a
                            COUNCIL REGULATION (EEC)
 on the application of Decision N*        /89 of the EEC- (A) Joint Conmittee
      amending Protocol N* 3 concerning the definition of the concept of
                             "originating products"
                   and methods of administrative cooperation
                          (presented by the Commission)
    (A) Austria/Finland/Iceland/Norway/Sweden/Switzerland
 ---pagebreak---                              EXPLANATORY MEMORANDUM
By virtue of Council Regulation (EEC) No. 1673/89 of 12 June 1989 (1) and of
Council Decision 89/372/ECSC of the same date (2), the collection of certain
customs duties applicable in the Community of Ten to imports from Spain and
Portugal is totally suspended from 1 July 1989.
At the same time, a third Additional Protocol has been signed between the
Community and the EFTA countries (3).     By this Protocol, the EfTA-countries
undertake to suspend also from their side the customs duties applicable to
Spain for products covered by the FT As in so far as these Agreements provide
for a total elimination of customs duties.      The EFTA countries have informed
the Commission that they will already apply this measure in an autonomous
manner as from 1 July 1989 pending the ratification of thé Additional Protocol.
In the framework of the said Agreements, this situation results in granting to
Spanish products a preferential treatment identical to the one applied to
products originating in the rest of the Community.       Therefore, the need for
identifying products originating in Spain has become superfluous.
The proposed   draft  Joint Committee   Decision   takes into   account  this new
situation from an administrative viewpoint and provides for the deletion of the
provisions concerning   the concept   of   'products  originating   in  Spain' in
Protocol No. 3 (4) to each of those Agreements.
(1) OJ n° L 164, 15.06.89, p. 1
(2) UJ n- L 164, 15.06.89, p. 46
(3) DJ n' L 206, 18.07.89
(4) OJ n* L 149, 15.06.88 (Austria, Finland)
          L 180, 09.07.88 (Iceland, Norway)
          L 216, 08.08.88 (Sweden, Switzerland)
 ---pagebreak---                                         DRAFT
                                Decision No.     /89
                           of the E£C-(A) Joint Committee
                                         of
                         amending Protocol No. 3 concerning
             the definition of the concept of 'originating products'
                     and methods of administrative cooperation
following the suspension of customs duties applicable by the Community of Ten
                           and (A) to imports from Spain
THE JOINT COMMITTEE,
Having regard to the Agreement between the European Economic Community and (B),
signed in Brussels on (C),
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, by virtue of Council Regulation (EEC) No.1673/89 of 12 June 1989 and
of Council Decision 89/372/ECSC of the same date, the collection of certain
customs duties applicable in the Community of Ten to imports from Spain is
totally suspended from 1 July 1989;
Whereas a third Additional Protocol to the Agreement between the European
Economic Community and (B) consequent on the accession of the Kingdom of Spain
and the Portuguese Republic to the Community has been concluded providing also
for the suspension of customs duties on products covered by the Agreement
imported   into   (A)  from   Spain;  whereas  (A)   has  already been applying
autonomously, as from 1 July 1989, the provisions of this third Additional
Protocol pending its ratification;
(A) Austria/Finlarid/Iceland/Norway/Sweden/Switzerland.
(B) the  Republic of Austria             22 July 1972
    the  Republic of Finland             5 October 1973
    the  Republic of Iceland             22 July 1972
    the  Kingdom of Norway               14 May 1973
    the  Kingdom of Sweden               22 July 1972
    the  Swiss Confederation             22 July 1972
 ---pagebreak---                                      - 2 -
Whereas in the framework of the said Agreement, this situation results in
granting to Spanish products a preferential treatment identical to the one
applied  to  products  originating  in   the  rest  of  the  Community; whereas
therefore, the need for identifying products originating in Spain has become
superfluous;
HAS DECIDED AS FOLLOWS:
                                   Article 1
Protocol No. 3 is hereby amended as follows:
1)  Article 24 and paragraph 2 of Article 25 shall be deleted;
2)  In Annex V, the last sentence of footnote No. 1 shall be replaced by the
    following text:
    "When an invoice also includes products having the status of products
    originating in the Canary Islands, Ceuta and Melilla within the meaning of
    Article 19 of the Protocol, the exporter must clearly indicate them by
    means of the symbol *CCM'.".
                                   Article 2
This Decision shall enter into force or» 1 July 1989.
Done at Brussels,
                                        For the Joint Committee
                                        The President
 ---pagebreak---                                           COUNCIL REGULATION (EEC) No                         /89
                                                                of
                  on the application of Decision No / o 9 of the EEC- ^Aj Joint Committee a m e n d i n g
     P r o t o c o l No 3 concerning the definition of the concept of 'originating products' and methods
                                                      of administrative cooperation
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                   Whereas it is necessary- to apply this Decision in the
                                                                           Community,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
                                                                           HAS ADOPTED THIS REGULATION:
thereof,
                                                                                                    Article /
Having regard to the proposal from the Commission,
                                                                           Decision N o / &9 °f the EEC- ( A )      Joint Committee
Whereas the Agreement between the European                                 shall apply in the Community.
Economic Community and ( 3 )                      ( 1)            vas
signed on      (C)                and entered             force on         The text of the Decision is attached to this Regulation.
 (D) :
                                                                                                    Article 2
"Whereas, by virtue of Article 28 of Protocol No 3
concerning the definition of the concept of 'originating                   This Regulation shall enter into force on the day of its
products' and methods of administrative cooperation,                       publication in the Official Journal of the European
which forms an integral pan of the above Agreement,                        Communities.
the Joint Committee has adopted Decision N o /89
amending Protocol No 3 ;                                                   It shall apply from    1 July      19c9-
                  This Regulation shall be binding in its entirety and direciiy applicable in all Member
                  States.
                  Done at Brussels,
                                                                                                For the Council
                                                                                                  The President
(A>     jOtrSa/F w.,uro. iceland/Nor-a>/G-«fcri/Switzerland
                                                     CO 22      July 1972                  (D)  1  January  1973
(B)   the  Republic of Austria
                                                                                                1  January  1974
      the  RepùbUc c* c i n l a n d                          5   Octooer 1973
                                                            22   July 1972                      1  Aoril    1973
      the  Republic of Iceland
                                                            14  May 1973                        1  July      "973
      the  Kingdom of Norway
      the  Kingdom o"f Sweden                               22   July 1972                      1  January  1973
      the  Swiss Confederation                              22   July 1972                      1  January  1973
      Austria             C NO L 30C,       Z'.'2.'~~"i,         :. 2
      ?inland             ZJ Nfc L 323,     2 1 . 1 1 . 1 9 1 , P- 2
      IceIarc             '-.••:•*, L 3 d , 3 1 . 1 2 . 1 9 1 , p. 2
      Norway                   *'C L 17-,       .JC.'            z. c
      Sweden                    ND L 300,   Y . ' 1 2 . 1 9 1 , z. G~
      Switzerland               No L 300^   2;.12.1972, c. 189
                                                                                                                              S
 ---pagebreak---                                      DRAFT
                              SMC Impact Statement
The present proposal concerns an adaptation of the rules of origin in Protocol
No. 3 to the Free Trade Agreements between the EEC and each of the EFT A
countries.   It takes into account the administrative consequences of the EFTA
and Community decisions to suspend the collection of certain customs duties
applicable to imports from Spain.
This proposal will not have any noticeable effect on employment and competition
in the Community.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (89) 556 final
                                                      DOCUMENTS
EN                                                                              02
                                 Catalogue number : CB-CO-89-521-EN-C
                                                             ISBN 92-77-54702-2
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