31970R1579

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( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ NO L 143 , 1 . 7 . 1970 , P . 1 .

( 3 ) OJ NO 314 , 23 . 12 . 1967 , P . 9 .

( 4 ) OJ NO L 322 , 24 . 12 . 1969 , P . 3 .

REGULATION ( EEC ) NO 1579/70 OF THE COMMISSION OF 4 AUGUST 1970 LAYING DOWN SPECIAL CONDITIONS FOR THE EXPORT OF CERTAIN CHEESES TO SPAIN

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 ( 1 ) OF 27 JUNE 1968 ON THE COMMON ORGANISATION OF THE MARKET IN MILK AND MILK PRODUCTS , AS LAST AMENDED BY REGULATION ( EEC ) NO 1253/70 ( 2 ) AND IN PARTICULAR THE FIRST SUBPARAGRAPH OF ARTICLE 17 ( 4 ) THEREOF ;

WHEREAS , FOR IMPORTS OF CERTAIN CHEESES, THE SPANISH GOVERNMENT HAS INTRODUCED A SYSTEM OF THRESHOLD PRICES TO ENSURE THAT SUCH CHEESES DO NOT ENTER SPAIN , EXCLUDING CUSTOMS TERRITORIES TO WHICH SPECIAL ARRANGEMENTS APPLY , AT PRICES BELOW THOSE PRICES ;

WHEREAS TO COVER THE DIFFERENCE BETWEEN THE THRESHOLD PRICE AND THE PRICE IN INTERNATIONAL TRADE , SPAIN WILL , AT THE TIME OF CUSTOMS CLEARANCE , CHARGE A REGULATORY DUTY IN ADDITION TO CUSTOMS DUTIES , TAXES AND FIXED OR AD VALOREM CHARGES ;

WHEREAS DURING THE GATT NEGOTIATIONS IT WAS AGREED THAT THE REGULATORY DUTY WOULD BE LIMITED TO A FIXED DUTY IF THE COMMUNITY OBSERVED A CERTAIN FREE-AT-SPANISH-FRONTIER PRICE LEVEL ;

WHEREAS A MINIMUM PRICE HAS BEEN FIXED FOR EMMENTALER , GRUYERE , CHEDDAR AND PROCESSED CHEESES ; WHEREAS , TO ENSURE OBSERVANCE OF THAT MINIMUM PRICE , THE SPECIAL CERTIFICATE SHOULD BE ISSUED ONLY ON SUBMISSION OF A DECLARATION IN WHICH THE PARTY CONCERNED UNDERTAKES NOT TO EXPORT THE CHEESE IN QUESTION AT A FREE-AT-SPANISH-FRONTIER PRICE BELOW THE MINIMUM PRICE ;

WHEREAS , TO ENSURE THAT PRODUCTS EXPORTED FROM THE COMMUNITY ENTER SPAIN AT THAT PRICE , THE COMMUNITY WILL HAVE TO FIX THE REFUND ON EXPORTS TO SPAIN OF THE CHEESES IN QUESTION AT A LEVEL LOWER THAN THAT FIXED FOR OTHER DESTINATIONS ; WHEREAS APPROPRIATE SUPERVISORY ARRANGEMENTS SHOULD BE INTRODUCED TO ENSURE OBSERVANCE OF THAT PRICE ;

WHEREAS A CERTAIN NUMBER OF OTHER CHEESES ARE NOT SUBJECT TO THE THRESHOLD PRICE IF , ON IMPORTATION INTO SPAIN , THEY ARE ACCOMPANIED BY A CERTIFICATE AS TO THE QUALITY OF THE COMMUNITY PRODUCT ;

WHEREAS A REFUND SHOULD THEREFORE BE GRANTED ON EXPORTS OF CHEESES TO SPAIN ONLY IF A SPECIAL CERTIFICATE IS ISSUED ;

WHEREAS A PROCEDURE FOR SUPERVISING THE USE OF THE CERTIFICATE IS NECESSARY ; WHEREAS , TO THAT END , A CUSTOMS CONTROL MUST TAKE PLACE WHEN THE GOODS LEAVE THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY WITHIN THE MEANING OF ARTICLE 3 OF COMMISSION REGULATION NO 1041/67/EEC ( 3 ) OF 21 DECEMBER 1967 ON DETAILED RULES FOR THE APPLICATION OF EXPORT REFUNDS ON PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM , AS LAST AMENDED BY REGULATION ( EEC ) NO 2586/69 ( 4 ) ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . THE GRANTING OF A REFUND ON EXPORTS OF CHEESES TO SPAIN , EXCLUDING CUSTOMS TERRITORIES TO WHICH SPECIAL ARRANGEMENTS APPLY , SHALL BE SUBJECT TO THE ISSUE OF A SPECIAL CERTIFICATE .

2 . FOR THE CHEESES LISTED IN ANNEX I , THE CERTIFICATE TO BE ISSUED , ON APPLICATION BY THE PARTY CONCERNED , SHALL BE THAT SHOWN IN ANNEX II TO THIS REGULATION .

FOR CHEESES OTHER THAN THOSE LISTED IN ANNEX I , THE CERTIFICATE TO BE ISSUED , ON APPLICATION BY THE PARTY CONCERNED , SHALL BE THAT SHOWN IN ANNEX III TO THIS REGULATION .

ARTICLE 2

1 . THE SIZE OF THE CERTIFICATE SHALL BE APPROXIMATELY 21 BY 30 CM . IT SHALL BE IDENTIFIED BY A SERIAL NUMBER .

2 . THE CERTIFICATE SHALL BE DRAWN UP ON A FORM CONFORMING TO THE RELEVANT MODEL IN ANNEX II OR III TO THIS REGULATION .

3 . THE CERTIFICATE IN ANNEX II SHALL BE DRAWN UP IN AN ORIGINAL AND ONE COPY . THE CERTIFICATE IN ANNEX III SHALL BE DRAWN UP IN AN ORIGINAL AND AT LEAST THREE COPIES .

THE COPIES SHALL BEAR THE SAME SERIAL NUMBER AS THE ORIGINAL .

THE ORIGINAL AND THE COPIES THEREOF SHALL BE COMPLETED AT THE SAME TIME , USING CARBON PAPER , EITHER IN TYPESCRIPT OR IN MANUSCRIPT . CAPITAL LETTERS SHALL BE USED FOR FORMS COMPLETED IN MANUSCRIPT .

ARTICLE 3

1 . THE CERTIFICATE AND COPIES THEREOF SHALL BE ISSUED BY THE AGENCY DESIGNATED BY EACH MEMBER STATE .

2 . THE ISSUING AGENCY SHALL RETAIN A COPY OF THE CERTIFICATE .

3 . WHEN THE PRODUCT LEAVES THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY WITHIN THE MEANING OF ARTICLE 3 OF REGULATION NO 1041/67/EEC , THE PARTY CONCERNED SHALL SUBMIT TO THE CUSTOMS OFFICE OF EXIT :

- THE ORIGINAL , IN THE CASE OF THE CERTIFICATE SHOWN IN ANNEX II ;

- THE ORIGINAL AND TWO COPIES , IN THE CASE OF THE CERTIFICATE SHOWN IN ANNEX III .

THE CUSTOMS OFFICE OF EXIT SHALL ENDORSE THESE DOCUMENTS IN THE SECTION RESERVED FOR THAT PURPOSE AND SHALL RETURN THEM TO THE PARTY CONCERNED .

4 . IN THE CASE OF THE CERTIFICATE SHOWN IN ANNEX III , THE PARTY CONCERNED SHALL RETURN TO THE ISSUING AGENCY ONE COPY DULY ENDORSED IN THE APPROPRIATE SECTION BY THE SPANISH CUSTOMS AUTHORITIES .

ARTICLE 4

1 . IN THE CASE OF THE CERTIFICATE SHOWN IN ANNEX III , THE CUSTOMS OFFICE OF EXIT SHALL ENDORSE ONLY CERTIFICATES SUBMITTED WITHIN SIXTY DAYS OF THE DAY FOLLOWING THAT OF THE ISSUE OF THE CERTIFICATE IN QUESTION .

2 . THE CERTIFICATE SHALL BE VALID ONLY FOR THE QUANTITY INDICATED THEREON . HOWEVER , ON EXIT FROM COMMUNITY TERRITORY , A QUANTITY DIFFERING BY NOT MORE THAN 5 % FROM THE QUANTITY INDICATED ON THE CERTIFICATE SHALL BE CONSIDERED AS CORRESPONDING TO THAT QUANTITY .

ARTICLE 5

FOR :

- FIRST QUALITY EMMENTALER AND GRUYERE CHEESES , FALLING , WITHIN SUB-HEADING NO 04.04 A ,

- PROCESSED CHEESE FALLING WITHIN SUB-HEADING NO 04.04 D ,

- CHEDDAR , ( INCLUDING CHESTER ) CHEESE FALLING WITHIN SUB-HEADING NO 04.04 E I ( B ) 1 , AND

- FIRST QUALITY DUTCH EDAM CHEESE FALLING WITHIN SUB-HEADING NO 04.04 E I ( B ) 3

OF THE COMMON CUSTOMS TARIFF , THE SPECIAL CERTIFICATE MAY BE ISSUED ONLY ON SUBMISSION TO THE ISSUING AGENCY OF A DECLARATION CONFORMING TO THE MODEL IN ANNEX IV SIGNED BY THE PARTY CONCERNED .

ARTICLE 6

1 . MEMBER STATES SHALL TAKE ALL MEASURES NECESSARY TO VERIFY THE ORIGIN , COMPOSITION AND QUALITY OF THE PRODUCTS FOR WHICH THE CERTIFICATES ARE ISSUED .

2 . MEMBER STATES SHALL TAKE APPROPRIATE MEASURES TO ENSURE OBSERVANCE OF THE DECLARATION REFERRED TO IN ARTICLE 5 .

ARTICLE 7

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

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

DONE AT BRUSSELS , 4 AUGUST 1970 .

FOR THE COMMISSION

THE PRESIDENT

FRANCO M . MALFATTI

ANNEXES : SEE OJ NO L 172 OF 5 . 8 . 1970 .