Regulation (EEC) No 954/73 of the Council of 26 March 1973 on the application of protocol No 3 on the definition of "originating products" and on the methods of administrative cooperation , annexed to the agreement between the European Economic Community and the Swiss Confederation

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Regulation (EEC) No 954/73 of the Council of 26 March 1973 on the application of protocol No 3 on the definition of "originating products" and on the methods of administrative cooperation , annexed to the agreement between the European Economic Community and the Swiss Confederation Official Journal L 098 , 12/04/1973 P. 0012 - 0013

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( 1 ) OJ NO L 300 , 31 . 12 . 1972 , P . 189 .

REGULATION ( EEC ) NO 954/73 OF THE COUNCIL OF 26 MARCH 1973 ON THE APPLICATION OF PROTOCOL NO 3 ON THE DEFINITION OF " ORIGINATING PRODUCTS " AND ON THE METHODS OF ADMINISTRATIVE COOPERATION , ANNEXED TO THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SWISS CONFEDERATION

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 SWISS CONFEDERATION WAS SIGNED ON 22 JULY 1972 AND ENTERED INTO FORCE ON 1 JANUARY 1973 ;

WHEREAS THE PROVISIONS RELATING TO GOODS IN RESPECT OF WHICH A MOVEMENT CERTIFICATE A.CH.1 MAY BE ISSUED , WHICH MUST APPEAR ON THE FORM OF MOVEMENT CERTIFICATE A.CH.1 ANNEXED TO PROTOCOL NO 3 ON THE DEFINITION OF " ORIGINATING PRODUCTS " AND ON THE METHODS OF ADMINISTRATIVE COOPERATION ANNEXED TO THE AGREEMENT , MUST BE DRAWN UP BY EACH OF THE CONTRACTING PARTIES IN ACCORDANCE WITH THE RULES OF THE PROTOCOL ;

WHEREAS THESE PROVISIONS ARE INTENDED TO DRAW THE ATTENTION OF USERS TO THE PROVISIONS OF THE PROTOCOL RELATING TO GOODS IN RESPECT OF WHICH THE AFORESAID CERTIFICATE MAY BE ISSUED ;

HAS ADOPTED THIS REGULATION :

Article1¶

THE TEXT OF THE PROVISIONS RELATING TO GOODS IN RESPECT OF WHICH A MOVEMENT CERTIFICATE A.CH.1 MAY BE ISSUED SHALL APPEAR ON THE CERTIFICATE AND SHALL BE THAT SET OUT IN THE ANNEX TO THIS REGULATION .

Article2¶

MOVEMENT CERTIFICATES ISSUED IN DENMARK MAY INCLUDE ADDITIONAL EXPLANATORY NOTES IN RELATION TO THE APPLICATION OF ARTICLE 25 OF PROTOCOL 3 TO THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SWISS CONFEDERATION .

Article3¶

MOVEMENT CERTIFICATES ALREADY PRINTED BY THE MEMBER STATES MAY BE USED UNTIL STOCKS ARE EXHAUSTED .

Article4¶

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD 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 , 26 MARCH 1973 .

FOR THE COUNCIL

THE PRESIDENT

A . LAVENS

ANNEX

1 . THE GOODS MUST BE :

- EITHER WHOLLY PRODUCED IN THE COMMUNITY , IE THEY MUST CONFORM WITH THE DEFINITION OF GOODS CONSIDERED TO BE " WHOLLY PRODUCED " , AS CONTAINED IN PROTOCOL 3 TO THE AGREEMENT BETWEEN THE COMMUNITY AND SWITZERLAND ;

- OR MANUFACTURED WHOLLY FROM GOODS WHOLLY PRODUCED IN THE COMMUNITY AND FROM GOODS ORIGINATING IN THE OTHER CONTRACTING PARTY TO THE AGREEMENT .

2 . IF THEY ARE WHOLLY OR PARTLY MANUFACTURED FROM MATERIALS OR COMPONENTS IMPORTED INTO THE COMMUNITY AND NOT ORIGINATING IN THE OTHER CONTRACTING PARTY , OR FROM COMPONENTS OF INDETERMINATE ORIGIN , SUCH MATERIALS OR COMPONENTS MUST HAVE UNDERGONE SUBSTANTIAL PROCESSING THERE , SUCH AS TO MAKE THEM DIFFERENT PRODUCTS . GENERALLY , PROCESSING MUST BE SUCH TO RESULT IN THE EXPORTED GOODS BEING CLASSIFIED UNDER A DIFFERENT HEADING OF THE BRUSSELS TARIFF NOMENCLATURE FROM THAT UNDER WHICH SUCH MATERIALS OR COMPONENTS WOULD BE CLASSIFIED . FURTHERMORE , SPECIAL RULES AND SECONDARY PROVISIONS ARE LAID DOWN FOR VARIOUS CATEGORIES OF GOODS IN LISTS A AND B CONTAINED IN PROTOCOL 3 TO THE AGREEMENT BETWEEN THE COMMUNITY AND SWITZERLAND . SUCH RULES AND PROVISIONS MUST BE CAREFULLY STUDIED BEFORE A REQUEST FOR A CERTIFICATE IS MADE OUT .