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And Methods of Adminis Protocol', Needs Amending, Consequent on the Said Acces

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And Methods of Adminis Protocol', Needs Amending, Consequent on the Said Acces No L 375/2 Official Journal of the European Communities 23 . 12 . 89 DECISION NO 2/89 OF THE EEC-TUNISIA COOPERATION COUNCIL of 27 September 1989 amending , on account of the accession of Spain and Portugal to the European Communities, the Protocol concerning the definition of the concept of 'origina­ ting products' and methods of administrative cooperation THE EEC-TUNISIA COOPERATION COUNCIL, possession . The duplicate issued in this way must be endorsed with one of the following words : "duplicata", Having regard to the Cooperation Agreement between the "duplicaat", "Duplikat", "αντίγραφο", "duplicado" European Economic Community and the Republic of duplicato , duplicate , segunda via , Tunisia, signed on 25 April 1976, 3 . Article 29 is repealed by the following : Whereas the Protocol to the Cooperation Agreement between the European Economic Community and the Article 33 Republic of Tunisia consequent on the accession of the The provisions of the Agreement may be applied to Kingdom of Spain and the Portuguese Republic to the goods which comply with the provisions of Title I and Community, signed on 26 May 1987, stipulates that the which, on the date of entry into force of the Protocol Cooperation Council shall make any changes to the to the Cooperation Agreement consequent on the origin rules which may be necessary consequent on that accession of the Kingdom of Spain and the Portuguese accession ; Republic to the Community, are either in transit or are in the Community or in Tunisia in temporary storage,, Whereas the Protocol concerning the definition of the in bonded warehouses or in free zone, subject to the concept of 'originating products' and methods of adminis­ submission to the customs authorities of the importing trative cooperation, hereinafter referred to as the 'Origin State, within six months of the said date, of an EUR 1 Protocol', needs amending, consequent on the said acces­ certificate made out retrospectively by the competent sion, in respect both of technical amendments and transi­ authorities of the exporting State together with the tional arrangements in order correctly to implement the documents showing that the goods have been trans­ trade arrangements contained in the Protocols consequent ported direct.' on the said accession ; 4. The following Articles are inserted : Whereas the transitional arrangements should ensure the correct implementation of these trade arrangements 'Article 35 between the Community as constituted at 31 December 1985 and Spain and Portugal on the one hand and For the application of those provisions of the Protocol Tunisia on the other hand, to the Cooperation Agreement consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community which concern products originating in the Canary Islands, Ceuta and Melilla, HAS DECIDED AS FOLLOWS : this Protocol shall apply mutatis mutandis, subject to the particular conditions set out in Articles 36, 37 and 38 thereof, Article 1 Article 36 The Original Protocol is hereby amended as follows : The term "Community" used in this Protocol shall not 1 . The second subparagraph of Article 19 (2) is replaced cover the Canary Islands, Ceuta and Melilla. The term by the following : "products originating in the Community" shall not cover products originating in the Canary Islands, 'EUR 1 certificates issued retrospectively must be Ceuta and Melilla. endorsed with one of the following phrases : "délivré a posteriori", "udstedt efterfolgende", "nachträglich Article 37 ausgestellt", "εκδοθέν εκ των υστέρων", "issued retro­ 1 . The following paragraphs shall apply instead of spectively", "expedido a posteriori", "rilasciato a poste­ Article 1 and reference to that Article shall apply riori", "afgegeven a posteriori", "emitido a posterior", mutatis mutandis to this Article . 2. On condition that they were transported directly, 2. Article 20 is replaced by the following : in accordance with Article 5, the following shall be considered as : Article 20 (a) products originating in the Canary Islands, Ceuta In the event of the theft, loss or destruction of an EUR and Melilla : 1 certificate, the exporter may apply to the customs authorities which issued it for a duplicate to be made (i) products wholly obtained in the Canary out on the basis of the export documents in their Islands, Ceuta and Melilla ; 23. 12. 89 Official Journal of the European Communities No L 375/3 (ii) products obtained in the Canary Islands, Ceuta This paragraph shall apply subject to the condition and Melilla in the manufacture of which that the products concerned are transported in accor­ products other than those referred to in (i) are dance with Article 5. used, provided that the said products have 5. In derogation from paragraph 2, where, pursuant undergone sufficient working or processing to the provisions of paragraphs 1 to 4, and provided within the meaning of Article 3. that all the conditions laid down in those paragraphs (b) products originating in Tunisia : are fulfilled, the originating products are obtained in two or more of the States referred to in these provi­ (i) products wholly obtained in Tunisia ; sions or in the Community or in the Canary Islands, (ii) products obtained in Tunisia in the manufac­ Ceuta and Melilla, they shall be considered as products ture of which products other than those originating in one of those States or in the Commu­ referred to an (i) are used, provided that the nity or in the Canary Islands, Ceuta and Melilla accor­ said products have undergone sufficient ding to where the last working or processing took working or processing within the meaning of place. For this purpose, the working or processing Article 3 . referred to in Article 3 (3) shall not be considered as working or processing. 3 . For the purposes of implementing paragraph 2 (a) (i), where products wholly obtained in Tunisia, 6. The Canary Islands, Ceuta and Melilla shall be Algeria, Morocco or in the Community undergo considered as a single territory. working or processing in the Canary Islands, Ceuta 7 . The exporter or his authorized representative and Melilla, they shall be considered as having been shall enter "Tunisia" and "Canary Islands, Ceuta and wholly obtained in the Canary Islands, Ceuta and Melilla" in box 2 of certificate EUR 1 and box 1 of Melilla . form EUR 2. In addition, in the case of products origi­ nating in the Canary Islands, Ceuta and Melilla, this For the purposes of implementing paragraph 2 (a) (ii), shall be indicated in box 4 of certificate EUR 1 and working or processing carried out in Tunisia, Algeria, box 8 of form EUR 2. Morocco or in the Community shall be considered as having been carried out in the Canary Islands, Ceuta 8. The products in List C shall be temporarily and Melilla when the products obtained undergo excluded from the scope of this Protocol . Nevertheless, subsequent working or processing in the Canary the arrangements regarding administrative cooperation Islands, Ceuta and Melilla. shall apply mutatis mutandis to these products . This paragraph shall apply subject to the condition Article 38 that the products concerned are transported in accor­ The Spanish customs authorities shall be responsible dance with Article 5 . for the application of this Protocol in the Canary 4. For the purposes of implementing paragraph 2 Islands, Ceuta and Melilla.' (b) (i), where products wholly obtained in Algeria, Morocco, the Community or in the Canary Islands, Article 2 Ceuta and Melilla undergo working or processing in This Decision shall enter into force on 1 January 1990 . Tunisia, they shall be considered as having been wholly obtained in Tunisia. For the purposes of implementing paragraph 2 (b) (ii), Done at Brussels, 27 September 1989 . working or processing carried out in Algeria, Morocco, the Community or in the Canary Islands, Ceuta and For the Cooperation Council Melilla shall be considered as having been carried out The President in Tunisia, where the products obtained undergo subsequent working or processing in Tunisia . R. SFAR.
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