Avis juridique important

Regulation (EEC) No 1053/68 of the Commission of 23 July 1968 defining the conditions for the admission of certain milk products to certain tariff headings Official Journal L 179 , 25/07/1968 P. 0017 - 0024 Danish special edition: Series I Chapter 1968(II) P. 0326 English special edition: Series I Chapter 1968(II) P. 0332

++++ ( 1 ) OJ N L 148 , 28 . 6 . 1968 , P . 13 . ( 2 ) OJ N L 151 , 30 . 6 . 1968 , P . 3 . REGULATION ( EEC ) N 1053/68 OF THE COMMISSION OF 23 JULY 1968 DEFINING THE CONDITIONS FOR THE ADMISSION OF CERTAIN MILK PRODUCTS TO CERTAIN TARIFF HEADINGS THE COMMISSION OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ; HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 804/68 ( 1 ) OF 27 JUNE 1968 ON THE COMMON ORGANISATION OF THE MARKET IN MILK AND MILK PRODUCTS , AND IN PARTICULAR ARTICLE 14 ( 7 ) THEREOF ; WHEREAS IT IS NECESSARY TO DEFINE THE CONDITIONS UNDER WHICH PRODUCTS FROM THIRD COUNTRIES MAY BE ADMITTED TO TARIFF SUB-HEADINGS N S 04.02 B I ( A ) , 04.04 A I , 04.04 B I , 04.04 D I AND 04.04 E I ( B ) 2 AS LISTED IN ANNEX II TO COUNCIL REGULATION ( EEC ) N 823/68 ( 2 ) OF 28 JUNE 1968 DETERMINING THE GROUPS OF PRODUCTS AND THE SPECIAL PROVISIONS FOR CALCULATING LEVIES ON MILK AND MILK PRODUCTS ; WHEREAS THE DESCRIPTION OF THE GOODS FALLING WITHIN THOSE SUB-HEADINGS COMPLICATES THEIR TARIFF CLASSIFICATION AT THE FRONTIER ON IMPORTATION ; WHEREAS THE ADMISSION OF PRODUCTS TO THE ABOVE-MENTIONED HEADINGS WILL BE GREATLY FACILITATED IF THE EXPORTING COUNTRY CERTIFIES THAT THE EXPORTED PRODUCT CONFORMS TO THE DESCRIPTION OF THE GOODS IN QUESTION ; WHEREAS , THEREFORE , A PRODUCT SHOULD BE ADMITTED TO ONE OF THE SUB-HEADINGS IN QUESTION ONLY WHEN ACCOMPANIED BY A CERTIFICATE TO THIS EFFECT ISSUED IN A PRESCRIBED FORM UNDER THE RESPONSIBILITY OF THE EXPORTING COUNTRY ; WHEREAS , TOGETHER WITH THIS SYSTEM OF CERTIFICATES , PROVISIONS SHOULD BE ADOPTED UNDER WHICH , WITHOUT PREJUDICE TO CUSTOMS CONTROL , IT IS POSSIBLE TO VERIFY THAT THE PRODUCT IN QUESTION CONFORMS TO THE DESCRIPTION IN ANNEX II TO REGULATION ( EEC ) N 823/68 AND TO CHECK THE CONDITIONS UNDER WHICH THE CERTIFICATES ARE ISSUED ; WHEREAS , FURTHERMORE , THE SYSTEM MUST PROVIDE THE BEST POSSIBLE SAFEGUARDS AGAINST FRAUD ; 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 THE ADMISSION OF PRODUCTS FROM THIRD COUNTRIES TO SUB-HEADINGS 04.02 B I ( A ) , 04.04 A I , 04.04 B , 04.04 D I AND 04.04 E I ( B ) 2 LISTED IN ANNEX II TO REGULATION ( EEC ) N 823/68 SHALL BE SUBJECT TO THE PRODUCTION OF A CERTIFICATE WHICH SATISFIES AT LEAST THE REQUIREMENTS LAID DOWN IN THIS REGULATION . ARTICLE 2 1 . THE SIZE OF THE CERTIFICATE SHALL BE APPROXIMATELY 21-30 CM . WHITE PAPER SHALL BE USED FOR THE ORIGINAL COPY . 2 . EACH CERTIFICATE SHALL BEAR A SERIAL NUMBER FOLLOWED BY THE NATIONALITY SIGN OF THE ISSUING AGENCY . ARTICLE 3 1 . FOR PRODUCTS FALLING WITHIN SUB-HEADINGS 04.02 B I ( A ) , 04.04 A I , 04.04 D I THE CERTIFICATE SHALL BE DRAWN UP IN ONE ORIGINAL PLUS AT LEAST TWO COPIES , ON A FORM OF THE MODEL APPEARING IN THE ANNEX TO THIS REGULATION . IT MAY HOWEVER BE DRAWN UP IN THE LANGUAGE OR LANGUAGES OF THE EXPORTING COUNTRY AS WELL AS IN THE LANGUAGES OF THE COMMUNITY . 2 . THE ORIGINAL AND COPIES OF THE CERTIFICATE MENTIONED IN PARAGRAPH 1 SHALL BE FILLED IN AT THE SAME TIME USING CARBON PAPER , IN EITHER TYPESCRIPT OR MANUSCRIPT . CAPITAL LETTERS SHALL BE USED FOR FORMS FILLED IN IN MANUSCRIPT . 3 . THE FIRST COPY SHALL BE PINK . THE SECOND COPY SHALL BE YELLOW . COPIES SHALL BEAR THE SAME NUMBER AND SIGN AS THE ORIGINAL . ARTICLE 4 1 . A PRODUCT FROM A THIRD COUNTRY MAY BE ADMITTED TO ONE OF THE SUB-HEADINGS MENTIONED IN ARTICLE 3 ( 1 ) ONLY IF IT IS ACCOMPANIED BY THE ORIGINAL AND THE FIRST COPY OF THE CERTIFICATE AND IF THOSE DOCUMENTS ARE , WITHIN TWO MONTHS OF THE DATE OF ISSUE OF THE CERTIFICATE , SUBMITTED TO THE AUTHORITIES OF THE MEMBER STATE IN WHICH THE PRODUCT IN QUESTION IS CLEARED AT CUSTOMS . 2 . THE SECOND COPY OF THE CERTIFICATE SHALL BE SENT BY THE ISSUING AGENCY DIRECT TO THE AUTHORITIES OF THE MEMBER STATE IN WHICH THE GOODS IN QUESTION WILL BE CLEARED AT CUSTOMS . ARTICLE 5 FOR THE PRODUCTS FALLING WITHIN SUB-HEADINGS 04.04 B AND 04.04 E I ( B ) 2 THE CERTIFICATE SHALL BE DRAWN UP ON A FORM OF THE MODEL APPEARING IN THE ANNEX TO THIS REGULATION . IT MAY HOWEVER BE DRAWN UP IN THE LANGUAGE OR LANGUAGES OF THE EXPORTING COUNTRY AS WELL AS IN THE LANGUAGES OF THE COMMUNITY . ARTICLE 6 1 . A CERTIFICATE SHALL BE VALID ONLY IF DULY AUTHENTICATED BY AN AGENCY APPEARING ON A LIST TO BE DETERMINED . 2 . THE CERTIFICATE IS DULY AUTHENTICATED WHEN IT SHOWS THE DATE AND PLACE OF ISSUE , IS STAMPED BY THE ISSUING AGENCY AND SIGNED BY THE PERSON OR PERSONS QUALIFIED TO SIGN IT . ARTICLE 7 1 . AN ISSUING AGENCY MAY BE INCLUDED IN THE LIST ONLY IF : ( A ) IT IS RECOGNISED AS SUCH BY THE EXPORTING COUNTRY ; ( B ) IT UNDERTAKES TO VERIFY THE PARTICULARS ENTERED ON THE CERTIFICATES ; ( C ) IT UNDERTAKES TO SUPPLY THE COMMISSION AND THE MEMBER STATES , UPON REQUEST , WITH ANY INFORMATION THAT MAY BE REQUIRED TO ASSESS THE PARTICULARS ENTERED IN THE CERTIFICATES ; ( D ) IT UNDERTAKES , FOR PRODUCTS REFERRED TO IN ARTICLE 3 ( 1 ) , TO SEND TO THE MEMBER STATE IN WHICH CUSTOMS CLEARANCE WILL TAKE PLACE THE SECOND COPY OF EACH AUTHENTICATED CERTIFICATE WITHIN THREE DAYS FROM THE DATE OF ISSUE . 2 . THE LIST SHALL BE REVISED WHEN THE CONDITION REFERRED TO IN PARAGRAPH 1 ( A ) IS NO LONGER FULFILLED OR WHEN AN ISSUING AGENCY DOES NOT FULFIL ONE OF THE OBLIGATIONS IT HAS UNDERTAKEN . ARTICLE 8 MEMBER STATES SHALL TAKE THE MEASURES NECESSARY FOR SUPERVISING THE PROPER FUNCTIONING OF THE SYSTEM OF CERTIFICATES ESTABLISHED BY THIS REGULATION . ARTICLE 9 THIS REGULATION SHALL ENTER INTO FORCE ON 29 JULY 1968 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 23 JULY 1968 . FOR THE COMMISSION THE PRESIDENT JEAN REY

++++

( 1 ) OJ N L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ N L 151 , 30 . 6 . 1968 , P . 3 .

REGULATION ( EEC ) N 1053/68 OF THE COMMISSION

OF 23 JULY 1968

DEFINING THE CONDITIONS FOR THE ADMISSION OF CERTAIN MILK PRODUCTS TO CERTAIN TARIFF HEADINGS

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 804/68 ( 1 ) OF 27 JUNE 1968 ON THE COMMON ORGANISATION OF THE MARKET IN MILK AND MILK PRODUCTS , AND IN PARTICULAR ARTICLE 14 ( 7 ) THEREOF ;

WHEREAS IT IS NECESSARY TO DEFINE THE CONDITIONS UNDER WHICH PRODUCTS FROM THIRD COUNTRIES MAY BE ADMITTED TO TARIFF SUB-HEADINGS N S 04.02 B I ( A ) , 04.04 A I , 04.04 B I , 04.04 D I AND 04.04 E I ( B ) 2 AS LISTED IN ANNEX II TO COUNCIL REGULATION ( EEC ) N 823/68 ( 2 ) OF 28 JUNE 1968 DETERMINING THE GROUPS OF PRODUCTS AND THE SPECIAL PROVISIONS FOR CALCULATING LEVIES ON MILK AND MILK PRODUCTS ;

WHEREAS THE DESCRIPTION OF THE GOODS FALLING WITHIN THOSE SUB-HEADINGS COMPLICATES THEIR TARIFF CLASSIFICATION AT THE FRONTIER ON IMPORTATION ; WHEREAS THE ADMISSION OF PRODUCTS TO THE ABOVE-MENTIONED HEADINGS WILL BE GREATLY FACILITATED IF THE EXPORTING COUNTRY CERTIFIES THAT THE EXPORTED PRODUCT CONFORMS TO THE DESCRIPTION OF THE GOODS IN QUESTION ; WHEREAS , THEREFORE , A PRODUCT SHOULD BE ADMITTED TO ONE OF THE SUB-HEADINGS IN QUESTION ONLY WHEN ACCOMPANIED BY A CERTIFICATE TO THIS EFFECT ISSUED IN A PRESCRIBED FORM UNDER THE RESPONSIBILITY OF THE EXPORTING COUNTRY ;

WHEREAS , TOGETHER WITH THIS SYSTEM OF CERTIFICATES , PROVISIONS SHOULD BE ADOPTED UNDER WHICH , WITHOUT PREJUDICE TO CUSTOMS CONTROL , IT IS POSSIBLE TO VERIFY THAT THE PRODUCT IN QUESTION CONFORMS TO THE DESCRIPTION IN ANNEX II TO REGULATION ( EEC ) N 823/68 AND TO CHECK THE CONDITIONS UNDER WHICH THE CERTIFICATES ARE ISSUED ; WHEREAS , FURTHERMORE , THE SYSTEM MUST PROVIDE THE BEST POSSIBLE SAFEGUARDS AGAINST FRAUD ;

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 :

THE ADMISSION OF PRODUCTS FROM THIRD COUNTRIES TO SUB-HEADINGS 04.02 B I ( A ) , 04.04 A I , 04.04 B , 04.04 D I AND 04.04 E I ( B ) 2 LISTED IN ANNEX II TO REGULATION ( EEC ) N 823/68 SHALL BE SUBJECT TO THE PRODUCTION OF A CERTIFICATE WHICH SATISFIES AT LEAST THE REQUIREMENTS LAID DOWN IN THIS REGULATION .

1 . THE SIZE OF THE CERTIFICATE SHALL BE APPROXIMATELY 21-30 CM . WHITE PAPER SHALL BE USED FOR THE ORIGINAL COPY .

2 . EACH CERTIFICATE SHALL BEAR A SERIAL NUMBER FOLLOWED BY THE NATIONALITY SIGN OF THE ISSUING AGENCY .

1 . FOR PRODUCTS FALLING WITHIN SUB-HEADINGS 04.02 B I ( A ) , 04.04 A I , 04.04 D I THE CERTIFICATE SHALL BE DRAWN UP IN ONE ORIGINAL PLUS AT LEAST TWO COPIES , ON A FORM OF THE MODEL APPEARING IN THE ANNEX TO THIS REGULATION . IT MAY HOWEVER BE DRAWN UP IN THE LANGUAGE OR LANGUAGES OF THE EXPORTING COUNTRY AS WELL AS IN THE LANGUAGES OF THE COMMUNITY .

2 . THE ORIGINAL AND COPIES OF THE CERTIFICATE MENTIONED IN PARAGRAPH 1 SHALL BE FILLED IN AT THE SAME TIME USING CARBON PAPER , IN EITHER TYPESCRIPT OR MANUSCRIPT . CAPITAL LETTERS SHALL BE USED FOR FORMS FILLED IN IN MANUSCRIPT .

3 . THE FIRST COPY SHALL BE PINK . THE SECOND COPY SHALL BE YELLOW . COPIES SHALL BEAR THE SAME NUMBER AND SIGN AS THE ORIGINAL .

1 . A PRODUCT FROM A THIRD COUNTRY MAY BE ADMITTED TO ONE OF THE SUB-HEADINGS MENTIONED IN ARTICLE 3 ( 1 ) ONLY IF IT IS ACCOMPANIED BY THE ORIGINAL AND THE FIRST COPY OF THE CERTIFICATE AND IF THOSE DOCUMENTS ARE , WITHIN TWO MONTHS OF THE DATE OF ISSUE OF THE CERTIFICATE , SUBMITTED TO THE AUTHORITIES OF THE MEMBER STATE IN WHICH THE PRODUCT IN QUESTION IS CLEARED AT CUSTOMS .

2 . THE SECOND COPY OF THE CERTIFICATE SHALL BE SENT BY THE ISSUING AGENCY DIRECT TO THE AUTHORITIES OF THE MEMBER STATE IN WHICH THE GOODS IN QUESTION WILL BE CLEARED AT CUSTOMS .

ARTICLE 5

FOR THE PRODUCTS FALLING WITHIN SUB-HEADINGS 04.04 B AND 04.04 E I ( B ) 2 THE CERTIFICATE SHALL BE DRAWN UP ON A FORM OF THE MODEL APPEARING IN THE ANNEX TO THIS REGULATION . IT MAY HOWEVER BE DRAWN UP IN THE LANGUAGE OR LANGUAGES OF THE EXPORTING COUNTRY AS WELL AS IN THE LANGUAGES OF THE COMMUNITY .

ARTICLE 6

1 . A CERTIFICATE SHALL BE VALID ONLY IF DULY AUTHENTICATED BY AN AGENCY APPEARING ON A LIST TO BE DETERMINED .

2 . THE CERTIFICATE IS DULY AUTHENTICATED WHEN IT SHOWS THE DATE AND PLACE OF ISSUE , IS STAMPED BY THE ISSUING AGENCY AND SIGNED BY THE PERSON OR PERSONS QUALIFIED TO SIGN IT .

1 . AN ISSUING AGENCY MAY BE INCLUDED IN THE LIST ONLY IF :

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

( B ) IT UNDERTAKES TO VERIFY THE PARTICULARS ENTERED ON THE CERTIFICATES ;

( C ) IT UNDERTAKES TO SUPPLY THE COMMISSION AND THE MEMBER STATES , UPON REQUEST , WITH ANY INFORMATION THAT MAY BE REQUIRED TO ASSESS THE PARTICULARS ENTERED IN THE CERTIFICATES ;

( D ) IT UNDERTAKES , FOR PRODUCTS REFERRED TO IN ARTICLE 3 ( 1 ) , TO SEND TO THE MEMBER STATE IN WHICH CUSTOMS CLEARANCE WILL TAKE PLACE THE SECOND COPY OF EACH AUTHENTICATED CERTIFICATE WITHIN THREE DAYS FROM THE DATE OF ISSUE .

2 . THE LIST SHALL BE REVISED WHEN THE CONDITION REFERRED TO IN PARAGRAPH 1 ( A ) IS NO LONGER FULFILLED OR WHEN AN ISSUING AGENCY DOES NOT FULFIL ONE OF THE OBLIGATIONS IT HAS UNDERTAKEN .

ARTICLE 8

MEMBER STATES SHALL TAKE THE MEASURES NECESSARY FOR SUPERVISING THE PROPER FUNCTIONING OF THE SYSTEM OF CERTIFICATES ESTABLISHED BY THIS REGULATION .

THIS REGULATION SHALL ENTER INTO FORCE ON 29 JULY 1968 .

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

DONE AT BRUSSELS , 23 JULY 1968 .

FOR THE COMMISSION

THE PRESIDENT

JEAN REY