Regulation 1988/4276 - Application of Decision No 5/88 of the EEC- Switzerland Joint Committee modifying Protocol 3 concerning the definition of the concept of "originating products" and methods of administrative cooperation in order to simplify the cumulation rules - Main contents

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Council Regulation (EEC) No 4276/88 of 21 December 1988 on the application of Decision No 5/88 of the EEC- Switzerland Joint Committee modifying Protocol 3 concerning the definition of the concept of "originating products" and methods of administrative cooperation in order to simplify the cumulation rules

Official Journal L 381 , 31/12/1988 P. 0021

COUNCIL REGULATION (EEC) No 4276/88 of 21 December 1988 on the application of Decision No 5/88 of the EEC-Switzerland Joint Committee modifying Protocol 3 concerning the definition of the concept of ´originating products' and methods of administrative cooperation in order to simplify the cumulation rules:

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 the Agreement between the European Economic Community and the Swiss Confederation (1) was signed on 22 July 1972 and entered into force on 1 January 1973;

Whereas by virtue of Article 28 of Protocol 3 concerning the definition of the concept of ´originating products' and methods of administrative cooperation, which forms an integral part of the Agreement, the EEC-Switzerland Joint Committee has adopted Decision No 5/88 amending that Protocol;

Whereas this Decision shall be applied in the Community,

HAS ADOPTED THIS REGULATION:

Article 1 Decision No 5/88 of the EEC-Switzerland Joint Committee shall apply in the Community.

The text of the Decision is attached to this Regulation.

Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply with effect from 1 January 1989.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 December 1988.

For the Council The President V. PAPANDREOU (1) OJ No L 300, 31. 12. 1972, p. 189. DECISION No 5/88 OF THE EEC-SWITZERLAND JOINT COMMITTEE of 6 December 1988 modifying Protocol 3 on the concept of ´originating products' and methods of administrative cooperation in order to simplify the cumulation rules

THE EEC-SWITZERLAND JOINT COMMITTEE,

Having regard to the Argreement between the European Economic Community, and the Swiss Confederation, signed in Brussels on 22 July 1972,

Having regard to Protocol 3 concerning the definition of the concept of ´originating products' and methods of administrative cooperation, hereinafter referred to as ´Protocol 3', and in particular Article 28 thereof,

Whereas, on the one hand, experience has shown that the complex nature of the present cumulation system in Protocol 3 is not likely to facilitate its use by operators nor its control by customs administrations;

Whereas, on the other hand, the present system of cumulation of origin does not represent the best incentive to use materials, parts or components furnished by one or more of the partner countries, as, in particular, the cumulative origin acquired in a particular commercial relationship is not necessarily acceptable in the case of export to other partner countries while the process of manufacture of the final product is strictly identical in the various commercial relationships concerned;

Whereas it is necessary to introduce a single unified cumulation system based on the concept that materials, parts and components originating in the other countries party to the different agreements concluded between the European Economic Community and Austria, Finland, Iceland, Norway or Sweden may be used in the manufacture of a product in the Community or in Switzerland without there being any particular provisions limiting the acquisition of cumulative origin;

Whereas therefore Articles 1, 2 and 3 as well as the provisions in Protocol 3 referring to these Articles must be consequently amended;

Whereas it is necessary to have a...

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