Keywords
Summary

Keywords

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1 . COMMUNITY LAW - INTERPRETATION - THIRD COUNTRIES - LAWS OR CUSTOMS - REFERENCE - INADMISSIBILITY

2 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM - EXPORT REFUNDS - GRANT - CONDITION - REQUIREMENTS AS TO QUALITY - CRITERIA FOR ASSESSMENT

( REGULATION NO 1041, ARTICLE 6 )

3 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - INTERPRETATION - ABSENCE OF COMMUNITY PROVISIONS - AUTHORITY OF EXPLANATORY NOTES TO THE BRUSSELS NOMENCLATURE

4 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - SAUSAGES AND THE LIKE - TARIFF SUB-HEADINGS 16.01 B I A ) AND 16.01 B I C ) - MEANING

Summary

1 . IN THE ABSENCE OF ANY EXPRESS REFERENCE TO THE LAWS OR CUSTOMS OF A THIRD COUNTRY A COMMUNITY PROVISION MUST BE INTERPRETED IN RELATION TO AND IN THE CONTEXT OF ITS OWN SOURCES .

2 . A PRODUCT WHICH CANNOT BE MARKETED WITHIN THE COMMUNITY ON NORMAL TERMS AND UNDER THE DESCRIPTION GIVEN IN THE CLAIM FOR THE GRANT OF A REFUND WOULD NOT FULFIL THE REQUIREMENTS AS TO QUALITY SET OUT AT ARTICLE 6 OF REGULATION NO 1041 .

THE FACT THAT THE AMOUNT OF THE REFUND EXCEEDS THE PRICE IN FACT PAID BY THE EXPORTER ON THE HOME MARKET FOR THE EXPORTED PRODUCT IS AN INDICATION THAT DOUBTS SHOULD BE CAST ON THE QUALITY OF THE PRODUCT .

THE QUESTION WHETHER PRODUCTS FOR WHICH AN EXPORT REFUND IS CLAIMED MEET THE REQUIREMENTS AS TO QUALITY LAID DOWN BY ARTICLE 6 OF REGULATION NO 1041/67 MUST BE ASSESSED ON THE BASIS OF CRITERIA IN FORCE WITHIN THE COMMUNITY .

3 . IN THE ABSENCE OF COMMUNITY PROVISIONS THE EXPLANATORY NOTES TO THE BRUSSELS CONVENTION ON NOMENCLATURE FOR THE CLASSIFICATION OF GOODS IN CUSTOMS TARIFFS ARE AUTHORITATIVE AS A VALID MEANS OF INTERPRETING COMMON HEADINGS .

4 . THE CLASSIFICATION OF A PRODUCT UNDER SUB-HEADING 16.01 B I A ) PRESUPPOSES THAT ITS INGREDIENTS HAVE BEEN SUBJECTED TO A DRYING PROCESS AND MOREOVER THAT THEY ARE COMPOSED OF MEAT, NOT MERELY OF OFFAL .

SUB-HEADING 16.01 B I C ) IS A RESIDUAL HEADING UNDER WHICH SHOULD BE CLASSIFIED ALL SAUSAGES AND THE LIKE AND OTHER SIMILAR PRODUCTS COMPOSED OF MEAT, OFFAL OR BLOOD, WITHIN THE MEANING OF THE ABOVEMENTIONED EXPLANATORY NOTES, WHICH CANNOT BE INCLUDED UNDER THE OTHER HEADINGS .