31969R1062

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( 1 ) OJ N L 14 , 21 . 1 . 1969 , P . 1 .

( 2 ) OJ N L 172 , 22 . 7 . 1968 , P . 1 .

( 3 ) OJ N L 64 , 14 . 3 . 1969 , P . 1 .

( 4 ) OJ N L 141 , 12 . 6 . 1969 , P . 1 .

REGULATION ( EEC ) N 1062/69 OF THE COMMISSION

OF 6 JUNE 1969

SPECIFYING THE REQUIREMENTS RELATING TO CERTIFICATES WHICH MUST BE PRODUCED IN ORDER FOR PREPARATIONS KNOWN AS CHEESE FONDUES TO BE INCLUDED UNDER SUB-HEADING N 21.07 E OF THE COMMON CUSTOMS TARIFF

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 97/69 ( 1 ) OF 16 JANUARY 1969 ON MEASURES TO BE TAKEN FOR UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF , AND IN PARTICULAR ARTICLE 4 THEREOF ;

WHEREAS THE MAXIMUM RATE OF DUTY ON PREPARATIONS KNOWN AS CHEESE FONDUES IN SUB-HEADING N 21.07 E OF THE COMMON CUSTOMS TARIFF ANNEXED TO COUNCIL REGULATION ( EEC ) N 950/68 ( 2 ) OF 28 JUNE 1968 , AS LAST AMENDED BY REGULATION ( EEC ) N 455/69 ( 3 ) , IS 35 UNITS OF ACCOUNT PER 100 KG NET ; WHEREAS IT APPEARS FROM THE ADDITIONAL NOTE TO CHAPTER 21 OF THAT TARIFF THAT THE INCLUSION OF PREPARATIONS KNOWN AS CHEESE FONDUES UNDER THAT SUB-HEADING IS SUBJECT TO PRODUCTION OF A CERTIFICATE ISSUED UNDER THE CONDITIONS LAID DOWN BY THE COMPETENT AUTHORITIES OF THE EUROPEAN COMMUNITIES ;

WHEREAS SUB-HEADING N 21.07 E RELATES TO GOODS COVERED BY COUNCIL REGULATION ( EEC ) N 1059/69 ( 4 ) OF 28 MAY 1969 DETERMINING THE SYSTEM OF TRADE APPLICABLE TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS ; WHEREAS IN ACCORDANCE WITH THE SECOND SUBPARAGRAPH OF ARTICLE 8 ( 1 ) OF THAT REGULATION , WHERE THE APPLICATION OF THE MAXIMUM RATE OF CHARGE IS SUBJECT TO SPECIFIC CONDITIONS , SUCH CONDITIONS MUST BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 3 ( 2 ) AND ( 3 ) OF REGULATION ( EEC ) N 97/69 ; WHEREAS THE REQUIREMENTS APPLICABLE TO CERTIFICATES WHICH MUST BE PRODUCED IN ORDER FOR PREPARATIONS KNOWN AS CHEESE FONDUES TO BE INCLUDED UNDER COMMON CUSTOMS TARIFF SUB-HEADING N 21.07 E MUST THEREFORE BE DEFINED IN ACCORDANCE WITH THAT PROCEDURE ;

WHEREAS THE PROVISIONS OF THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE ON THE COMMON CUSTOMS TARIFF NOMENCLATURE ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE CERTIFICATE WHICH MUST BE PRODUCED IN ORDER FOR PREPARATIONS KNOWN AS CHEESE FONDUES TO BE INCLUDED UNDER COMMON CUSTOMS TARIFF SUB-HEADING N 21.07 E SHALL SATISFY THE REQUIREMENTS SET OUT IN THIS REGULATION .

ARTICLE 2

1 . THE CERTIFICATE SHALL BE PREPARED IN ONE ORIGINAL AND NOT LESS THAN TWO COPIES , IN THE FORM SET OUT IN THE ANNEX TO THIS REGULATION . IT MAY BE DRAWN UP IN THE LANGUAGE OR LANGUAGES OF THE EXPORTING COUNTRY OR IN ANY OF THE LANGUAGES OF THE COMMUNITY .

2 . THE ORIGINAL AND COPIES THEREOF SHALL BE COMPLETED IN ONE OPERATION BY DUPLICATION , EITHER TYPEWRITTEN OR BY HAND . IN THE LATTER CASE , THE ORIGINAL MUST BE COMPLETED IN INK AND IN BLOCK CAPITALS .

3 . THE SIZE OF THE CERTIFICATE SHALL BE ABOUT 21 CM BY 30 CM . WHITE PAPER SHALL BE USED FOR THE ORIGINAL .

4 . THE FIRST COPY SHALL BE PINK . THE SECOND COPY SHALL BE YELLOW .

5 . EACH CERTIFICATE SHALL BEAR AN INDIVIDUAL SERIAL NUMBER FOLLOWED BY THE NATIONALITY SYMBOL OF THE ISSUING BODY .

THE COPIES SHALL BEAR THE SAME SERIAL NUMBER AND NATIONALITY SYMBOL AS THE ORIGINAL .

ARTICLE 3

1 . THE ORIGINAL AND THE FIRST COPY OF THE CERTIFICATE SHALL BE SUBMITTED TO THE CUSTOMS AUTHORITIES OF THE IMPORTING MEMBER STATE WITHIN TWO MONTHS OF THE DATE OF ISSUE OF THE CERTIFICATE TOGETHER WITH THE GOODS TO WHICH THEY RELATE .

2 . THE SECOND COPY OF THE CERTIFICATE SHALL BE SENT DIRECT BY THE ISSUING BODY TO THE COMPETENT AUTHORITIES OF THE IMPORTING MEMBER STATE .

ARTICLE 4

1 . A CERTIFICATE SHALL BE VALID ONLY IF IT IS DULY AUTHENTICATED BY A BODY APPEARING IN A LIST YET TO BE DRAWN UP .

2 . A DULY AUTHENTICATED CERTIFICATE IS ONE WHICH SHOWS THE PLACE AND DATE OF ISSUE AND BEARS THE STAMP OF THE ISSUING BODY AND THE SIGNATURE OF THE PERSON OR PERSONS AUTHORISED TO SIGN IT .

ARTICLE 5

1 . AN ISSUING BODY MAY APPEAR ON THE LIST ONLY IF :

( A ) IT IS RECOGNISED AS SUCH BY THE EXPORTING COUNTRY ;

( B ) IT UNDERTAKES TO VERIFY THE PARTICULARS SHOWN IN THE CERTIFICATES ;

( C ) IT UNDERTAKES TO PROVIDE THE COMMISSION AND MEMBER STATES , ON REQUEST , WITH ALL APPROPRIATE INFORMATION TO ENABLE AN ASSESSMENT TO BE MADE OF THE PARTICULARS SHOWN IN THE CERTIFICATES ;

( D ) IT UNDERTAKES TO SEND TO THE COMPETENT AUTHORITIES OF THE IMPORTING MEMBER STATE THE SECOND COPY OF EACH AUTHENTICATED CERTIFICATE WITHIN THREE DAYS OF THE DATE OF ISSUE .

2 . THE LIST SHALL BE REVISED WHERE THE CONDITION SPECIFIED IN PARAGRAPH 1 ( A ) IS NOT LONGER SATISFIED OR WHERE AN ISSUING BODY DOES NOT FULFIL ANY OF THE OBLIGATIONS WHICH IT HAS UNDERTAKEN .

ARTICLE 6

THE MEMBER STATES SHALL TAKE ALL NECESSARY MEASURES IN ORDER TO CONTROL THE PROPER FUNCTIONING OF THE SYSTEM OF CERTIFICATES INTRODUCED BY THIS REGULATION .

ARTICLE 7

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1969 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 6 JUNE 1969 .

FOR THE COMMISSION

THE PRESIDENT

JEAN REY

ANNEX : SEE O.J .