31975R1120

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( 1 ) OJ NO L 14 , 21 . 1 . 1969 , P . 1 .

( 2 ) OJ NO L 73 , 27 . 3 . 1972 , P . 14 .

( 3 ) OJ NO L 172 , 22 . 7 . 1968 , P . 1 .

( 4 ) OJ NO L 295 , 1 . 11 . 1974 , P . 1 .

REGULATION ( EEC ) NO 1120/75 OF THE COMMISSION OF 17 APRIL 1975 LAYING DOWN CONDITIONS FOR THE ENTRY OF PORT , MADEIRA , SHERRY , SETUBAL MUSCATEL AND TOKAY ( ASZU AND SZAMORODNI ) WINES FALLING WITHIN SUBHEADINGS 22.05 C III A ) 1 AND B ) 1 AND 2 AND 22.05 C IV A ) 1 AND B ) 1 AND 2 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 ) NO 97/69 ( 1 ) OF 16 JANUARY 1969 ON MEASURES TO BE TAKEN FOR UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF , AS LAST AMENDED BY THE ACT ( 2 ) ANNEXED TO THE TREATY ON THE ACCESSION OF NEW MEMBER STATES TO THE EUROPEAN ECONOMIC COMMUNITY AND TO THE EUROPEAN ATOMIC ENERGY COMMUNITY , SIGNED AT BRUSSELS ON 22 JANUARY 1972 , AND IN PARTICULAR ARTICLE 4 THEREOF ;

WHEREAS THE COMMON CUSTOMS TARIFF ANNEXED TO COUNCIL REGULATION ( EEC ) NO 950/68 ( 3 ) OF 28 JUNE 1968 , AS LAST AMENDED BY COUNCIL REGULATION ( EEC ) NO 2658/74 ( 4 ) OF 15 OCTOBER 1974 , COVERS :

- PORT , MADEIRA , SHERRY AND SETUBAL MUSCATEL WINES FALLING WITHIN SUBHEADINGS 22.05 C III A ) 1 AND B ) 1 AND IV A ) 1 AND B ) 1 , AND

- TOKAY ( ASZU AND SZAMORODNI ) WINE FALLING WITHIN SUBHEADINGS 22.05 C III A ) 1 AND B ) 2 AND IV A ) 1 AND B ) 2 ;

WHEREAS ENTRY UNDER THESE SUBHEADINGS 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 SPECIFYING THOSE CONDITIONS MUST BE LAID DOWN ;

WHEREAS IT SEEMS APPROPRIATE TO REPLACE THE CERTIFICATES OF ORIGIN HITHERTO REQUIRED BY THE CUSTOMS AUTHORITIES OF MEMBER STATES FOR THE IMPORTATION OF THE WINES IN QUESTION BY COMMUNITY CERTIFICATES BASED ON THE GENEVA MODEL RECOMMENDED BY THE UNITED NATIONS ;

WHEREAS IDENTIFICATION OF THE ABOVE WINES PRESENTS CERTAIN DIFFICULTIES ; WHEREAS IT CAN BE CONSIDERABLY SIMPLIFIED IF THE EXPORTING COUNTRY GIVES AN ASSURANCE THAT THE PRODUCT EXPORTED CORRESPONDS TO THE DESCRIPTION OF THE PRODUCT IN QUESTION ; WHEREAS , CONSEQUENTLY , ENTRY OF A PRODUCT UNDER THE SUBHEADINGS MENTIONED ABOVE SHOULD BE AUTHORIZED ONLY WHERE SUCH PRODUCT IS ACCOMPANIED BY A CERTIFICATE OF DESIGNATION OF ORIGIN WHICH IS ISSUED BY AN AUTHORITY ACTING UNDER THE RESPONSIBILITY OF THE EXPORTING COUNTRY AND WHICH PROVIDES SUCH ASSURANCE ;

WHEREAS IT IS APPROPRIATE TO SPECIFY THE FORM WHICH SUCH CERTIFICATES MUST TAKE AND THE CONDITIONS FOR THEIR USE ; WHEREAS , FURTHERMORE , MEASURES MUST BE INTRODUCED TO ENABLE THE COMMUNITY TO KEEP CHECK UPON THE CONDITIONS OF ISSUE OF THE SAID CERTIFICATES AND TO PREVENT FALSIFICATION ; WHEREAS ACCORDINGLY CERTAIN OBLIGATIONS SHOULD BE IMPOSED ON THE ISSUING AUTHORITY ;

WHEREAS CERTIFICATES IN THE OLD FORM SHOULD CONTINUE TO BE REGARDED AS VALID FOR A SPECIFIED PERIOD OF TIME ;

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

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE ADMISSION UNDER SUBHEADINGS 22.05 C III A ) 1 AND B ) 1 AND 2 AND 22.05 C IV A ) 1 AND B ) 1 AND 2 OF PORT , MADEIRA , SHERRY , SETUBAL MUSCATEL AND TOKAY ( ASZU AND SZAMORODNI ) WINES SHALL BE SUBJECT TO PRESENTATION OF A CERTIFICATE OF DESIGNATION OF ORIGIN MEETING THE REQUIREMENTS SPECIFIED IN THIS REGULATION .

ARTICLE 2

1 . THE CERTIFICATE SHALL BE IN ONE OF THE FORMS SET OUT IN ANNEXES I TO V TO THIS REGULATION , AS INDICATED IN THE FOLLOWING TABLE :

CCT HEADING NO * NAME OF WINE * NO OF ANNEX

22.05 C III A ) 1 * PORT * I

B ) 1 * *

C IV A ) 1 * *

B ) 1 * *

DITTO * MADEIRA * II

DITTO * SHERRY * III

DITTO * SETUBAL MUSCATEL * IV

22.05 C III A ) 1 * TOKAY ( ASZU , SZAMORODNI ) * V

B ) 2 * *

C IV A ) 1 * *

B ) 2 * *

2 . THE PAPER USED SHALL BE WHITE , FREE OF MECHANICAL PULP , DRESSED FOR WRITING PURPOSES AND WEIGH NOT LESS THAN 55 G/M2 AND NOT MORE THAN 65 G/M2 . THE FRONT OF THE CERTIFICATE SHALL HAVE A PRINTED GUILLOCHE PATTERN BACKGROUND IN PINK , SUCH AS TO REVEAL ANY FALSIFICATION BY MECHANICAL OR CHEMICAL MEANS .

3 . THE SIZE OF THE CERTIFICATE SHALL BE 210 BY 297 MM . THE BORDERS OF THE CERTIFICATE MAY BEAR DECORATIVE DESIGNS ON THEIR OUTER EDGE IN A BAND NOT EXCEEDING 13 MM IN WIDTH .

4 . EACH CERTIFICATE SHALL BEAR AN INDIVIDUAL SERIAL NUMBER GIVEN BY THE ISSUING AUTHORITY .

ARTICLE 3

THE CERTIFICATE SHALL BE COMPLETED EITHER IN TYPESCRIPT OR IN MANUSCRIPT . IN THE LATTER CASE , IT MUST BE COMPLETED IN INK AND IN BLOCK LETTERS .

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 RELATES .

ARTICLE 5

1 . A CERTIFICATE SHALL BE VALID ONLY IF IT IS DULY AUTHENTICATED BY AN AUTHORITY 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 AUTHORITY AND THE SIGNATURE OF THE PERSON OR PERSONS AUTHORIZED TO SIGN IT .

ARTICLE 6

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

( A ) IT IS RECOGNIZED 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 AUTHORITIES APPEARS IN ANNEX VI 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 AUTHORITY FAILS TO FULFIL ONE OR MORE OF THE OBLIGATIONS INCUMBENT UPON IT .

ARTICLE 7

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1975 .

HOWEVER , UNTIL 31 DECEMBER 1975 , THE WINES SPECIFIED IN ARTICLE 1 SHALL BE ADMITTED UNDER THE SUBHEADINGS LISTED IN THAT ARTICLE ON THE PRESENTATION ALTERNATIVELY OF A CERTIFICATE OF THE KIND USED BEFORE 30 JUNE 1975 .

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

DONE AT BRUSSELS , 17 APRIL 1975 .

FOR THE COMMISSION

THE PRESIDENT

FRANCOIS-XAVIER ORTOLI

ANNEXES : SEE O.J . NO L 111 OF 30 . 4 . 75