31969R2552

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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 311 , 11 . 12 . 1969 , P . 1 .

REGULATION ( EEC ) N 2552/69 OF THE COMMISSION

OF 17 DECEMBER 1969

DETERMINING THE CONDITIONS FOR THE INCLUSION OF BOURBON WHISKY UNDER SUB-HEADING N 22.09 C III ( A ) 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 COMMON CUSTOMS TARIFF ANNEXED TO COUNCIL REGULATION ( EEC ) N 950/68 ( 2 ) OF 28 JUNE 1968 , AS LAST AMENDED BY COUNCIL REGULATION ( EEC ) N 2451/69 ( 3 ) OF 8 DECEMBER 1969 , COVERS BOURBON WHISKY UNDER SUB-HEADING N 22.09 C III ( A ) ; WHEREAS INCLUSION UNDER THAT SUB-HEADING IS SUBJECT TO CONDITIONS TO BE DETERMINED BY THE COMPETENT AUTHORITIES ; WHEREAS , IN ORDER TO ENSURE UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF , PROVISIONS ARE REQUIRED TO DETERMINE THOSE CONDITIONS ;

WHEREAS IDENTIFICATION OF BOURBON WHISKY IS PARTICULARLY DIFFICULT ; WHEREAS IT CAN BE MADE CONSIDERABLY EASIER IF THE EXPORTING COUNTRY GIVES AN ASSURANCE THAT THE PRODUCT EXPORTED CORRESPONDS TO THE DESCRIPTION OF THE PRODUCT IN QUESTION ; WHEREAS , CONSEQUENTLY , A PRODUCT SHOULD NOT BE INCLUDED UNDER SUB-HEADING N 22.09 C III ( A ) UNLESS IT IS ACCOMPANIED BY A CERTIFICATE OF AUTHENTICITY WHICH , BEING ISSUED BY A BODY ACTING UNDER THE RESPONSIBILITY OF THE EXPORTING COUNTRY , PROVIDES SUCH AN ASSURANCE ;

WHEREAS IT IS APPROPRIATE TO SPECIFY THE FORM WHICH THE CERTIFICATE IN QUESTION MUST TAKE AND THE CONDITIONS FOR ITS USE ; WHEREAS , FURTHERMORE , MEASURES MUST BE INTRODUCED TO ENABLE THE COMMUNITY TO CONTROL THE CONDITIONS OF ISSUE OF THE CERTIFICATE AND TO PREVENT FALSIFICATION ; WHEREAS ACCORDINGLY CERTAIN OBLIGATIONS SHOULD BE IMPOSED ON THE ISSUING BODY ;

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

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE INCLUSION OF BOURBON WHISKY UNDER SUB-HEADING N 22.09 C III ( A ) SHALL BE SUBJECT TO PRESENTATION OF A CERTIFICATE OF AUTHENTICITY MEETING THE REQUIREMENTS SPECIFIED IN THIS REGULATION .

ARTICLE 2

1 . THE CERTIFICATE SHALL BE IN THE FORM SET OUT IN ANNEX I TO THIS REGULATION . THE SIZE OF THE CERTIFICATE SHALL BE ABOUT 21 BY 30 CM . YELLOW PAPER SHALL BE USED .

2 . EACH CERTIFICATE SHALL BEAR AN INDIVIDUAL SERIAL NUMBER .

ARTICLE 3

THE CERTIFICATE SHALL BE COMPLETED EITHER BY TYPING OR IN LONG-HAND . IN THE LATTER CASE , IT MUST BE COMPLETED IN INK AND IN BLOCK CAPITALS .

ARTICLE 4

THE CERTIFICATE SHALL BE SUBMITTED TO THE CUSTOMS AUTHORITIES OF THE IMPORTING MEMBER STATE WITHIN THREE MONTHS OF ITS DATE OF ISSUE , TOGETHER WITH THE GOODS TO WHICH IT REFERS .

ARTICLE 5

1 . A CERTIFICATE SHALL BE VALID ONLY IF IT IS DULY AUTHENTICATED BY A BODY APPEARING ON THE LIST REFERRED TO IN ARTICLE 6 ( 2 ) .

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 6

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 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 .

2 . THE LIST OF ISSUING BODIES APPEARS IN ANNEX II TO THIS REGULATION .

3 . THE LIST SHALL BE REVISED WHEN THE CONDITION SPECIFIED IN PARAGRAPH 1 ( A ) IS NO LONGER SATISFIED OR WHEN AN ISSUING BODY DOES NOT FULFIL ANY OF THE OBLIGATIONS WHICH IT HAS UNDERTAKEN .

ARTICLE 7

INVOICES PRODUCED IN SUPPORT OF IMPORT DECLARATIONS SHALL BEAR THE SERIAL NUMBER OF THE CORRESPONDING CERTIFICATE .

ARTICLE 8

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1970 .

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

DONE AT BRUSSELS , 17 DECEMBER 1969 .

FOR THE COMMISSION

THE PRESIDENT

JEAN REY

ANNEXES : SEE O.J .