CELEX: 51977PC0224
Language: en
Date: 1977-06-03
Title: Proposal for a COUNCIL REGULATION (EEC) concerning the determination of the origin of slide fasteners (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 224
Vol. 1977/0085
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(77)224 final
                                         Brussels . 3 June 1977
                           Proposal for a
                      COUNCIL REGULATION ( EEC )
           concerning the determination of the origin of
                           slide fasteners
           ( submitted to the Council by the Commission )
 C0M(77 ) 224 final
 ---pagebreak---  EXPLANATORY NOTE
 1 . Article 5 of Council Regulation ( EEC ) No 802 / 68 which is concerned with
     the common definition of the origin of goods states
     "A product in the production of which two or more countries were
        concerned shall be regarded as originating in the country in which
        the last substantial process or operation that is economically
        justified was performed , having been carried out in an undertaking
       equipped for the purpose , and resulting in the manufacture of a new
       product or representing an important stage of manufacture ."
     It is necessary to define , in accordance with these provisions the
     rules for the determination of the origin of slide fasteners as the
     application of the above article within the Community differs between
     one Member State and another . While all the Member States are agreed
     that the assembly of imported parts does not constitute a sufficient
     process or operation , there is disagreement as to how many of the
     different components it might be permitted to import .
2 . A draft Commission Regulation in the Form of the annexed draft Regulation
     was proposed to the Origin Committee on 22 March 1977 in application of
     Article 14(2 ) of Regulation ( EEC ) No 802 / 68 . No opinion was given by
     the Committee in the absence of a qualified majority either for or
     against the proposal .
3 . Article 14(3 ) ( b ) of Regulation 802 / 68 says
     " If the envisaged provisions are not in accordance with the opinion of
       the Committee , or if no opinion is delivered , the Commission shall
       without delay submit to the Council a proposal with regard to the
      provisions to be adopted . The Council shall act by a qualified majority ."
     Following this procedure the Commission puts the draft to the Council .
4 . It should be noted that Article 14(3 ) ( c ) of Regulation ( EEC ) No 802 / 68
     states
     " If within three months of the proposal being submitted to it , the
       Council has not acted , the proposed provisions shall be adopted by
       the Commission ."
 ---pagebreak---    Council Regulation ( EEC ) concerning the determination of the origin of
   slide fasteners
   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty setting up the European Economic Community ,
  Having regard to the proposal of the Commission ,
  Having regard to Council Regulation ( EEC ) No 802 / 68 of 27 June 1968 ,
  concerning the common definition of the concept of the origin of goods ( 1 )
  and in particular Article 14 thereof .
  Whereas Article 5 of that Regulation lays down that a product in the
  production of which two or more countries were concerned shall be regarded
  as originating in the country in which the last substantial process or
  operation that is economically justified was performed , having been carried
 out in an undertaking equipped for the purpose , and resulting in the manu– '
  facture of a new product or representing an important stage of manufacture ;
 Whereas a slide fastener consists essentially of two parallel tapes , scoops
 or other interlocking elements , slider and end pieces ; whereas the operation
 of assembling a slide fastener from its constituent parts neither constitutes
 a substantial process or operation nor results in the manufacture of a new
 product or represents an important stage of manufacture within the meaning
 of Article 5 cited above ;
 Whereas the processes or operations which may together be considered as the
 last substantial process or operation and which result       in the manufacture
of a new product or represent an important stage of manufacture consist of
the - forming and placing of the scoops or other interlocking elements on to
the tapes and the manufacture of the slider by processes such as stamping
or moulding ; whereas the manufacture of the end pieces does not constitute
a substantial process or operation within the meaning of Article 5 ;
Whereas , in the absence of an Opinion from the Committee on Origin , the
Commission has not been able to adopt the provisions which it envisages ,
in accordance with Article 14(3 ) ( a ) of Regulation ( EEC ) No 802 / 68 ; whereas
the Commission has applied Article 14(3 ) ( b ) and has submitted to the
Council a proposal with regards the provisions to be adopted ;
( 1 ) 0J No L 148 , 28.6.1968 , p. 1
 ---pagebreak---                                        2 - 1
  HAS ADOPTED THIS REGULATION :
  Article 1
  The products listed under the second column of the table below originate
  in the country in which the operations listed in the third column took
  place or in the Community if they took place there .
           Products obtained           Working or processing that confers the
                                       status of originating products when
  CCT Heading                          the following conditions are met
        No
                     Description
    • ■  1               2                              3
  ex 98.02        Slide fasteners      Assembly including placing of the
                                       scoops or other interlocking elements
                                       on to the tapes accompanied by the
                               Γ
                                       manufacture of the slider and the
                                       forming of the scoops or other inter"
                                        locking elements
• Arti ele 2 ■
  This Regulation shall enter into force on the forty-fifth day following
  its publication in the Official Journal of the European Communities .
  This Regulation shall be binding in its entirety and directly applicable
  in all Member States .
  Done at Brussels ,                                      For the
                                                          For the Counci
                                                                  CouncilI
                                                          The President
                                                                          c