Avis juridique important

Regulation (EEC) No 2074/73 of the Commission of 31 July 1973 establishing the special conditions for the export of processed cheese to Switzerland Official Journal L 211 , 01/08/1973 P. 0008 - 0013 Greek special edition: Chapter 03 Volume 9 P. 0216

+++++ ( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 . ( 2 ) OJ NO L 73 , 27 . 3 . 1972 , P . 14 . ( 3 ) OJ NO L 215 , 30 . 8 . 1968 , P . 25 . ( 4 ) OJ NO L 77 , 26 . 3 . 1973 , P . 1 . REGULATION ( EEC ) NO 2074/73 OF THE COMMISSION OF 31 JULY 1973 ESTABLISHING THE SPECIAL CONDITIONS FOR THE EXPORT OF PROCESSED CHEESE TO SWITZERLAND 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 ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS , AS LAST AMENDED BY THE ACT ( 2 ) ON THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES , AND IN PARTICULAR ARTICLE 17 ( 4 ) , FIRST SUBPARAGRAPH , THEREOF ; WHEREAS THE SWISS AUTHORITIES WILL ESTABLISH WITH EFFECT FROM 1 AUGUST 1973 A NEW SYSTEM FOR THE IMPORT OF PROCESSED CHEESE ; WHEREAS THIS SYSTEM PROVIDES FOR DIFFERENT IMPORT DUTIES , ACCORDING TO THE ORIGIN OF THE PROCESSED CHEESE AND THE RAW MATERIAL USED IN ITS MANUFACTURE ; WHEREAS THE LOWEST LEVEL OF DUTY WILL APPLY IF THE PROCESSED CHEESE IS ACCOMPANIED BY A PARTICULAR HEADING CERTIFYING THAT THE PRODUCTS CONCERNED HAVE BEEN MANUFACTURED FROM RAW MATERIAL DERIVED FROM MILK ORIGINATING IN THE EXPORTING COUNTRY OR , SO FAR AS THE COMMUNITY IS CONCERNED , IN FREE CIRCULATION WITHIN THE COMMUNITY ; WHEREAS , IN ORDER TO ALLOW THOSE PERSONS WITHIN THE COMMUNITY INVOLVED IN SUCH ACTIVITY TO PAY ONLY THE LOWEST LEVEL OF DUTY , IT IS IMPORTANT TO RELATE THE GRANTING OF AN EXPORT REFUND FOR PROCESSED CHEESE EXPORTED TO SWITZERLAND WITH THE PARTICULAR HEADING REFERRED TO ABOVE ; WHEREAS , SO FAR AS THE CONTROL OF THE USE OF THE HEADING IN QUESTION IS CONCERNED , THE PROCEDURE SET OUT IN COMMISSION REGULATION ( EEC ) NO 1324/68 ( 3 ) OF 29 AUGUST 1968 ESTABLISHING PARTICULAR CONDITIONS FOR THE EXPORT OF CERTAIN CHEESE TO SWITZERLAND , AS LAST AMENDED BY REGULATION ( EEC ) NO 767/73 ( 4 ) , MAY BE TAKEN AS A BASIS ; WHEREAS THE MEASURES PROVIDED FOR IN THIS RESOLUTION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS ; HAS ADOPTED THIS REGULATION : ARTICLE 1 THE GRANT OF AN EXPORT REFUND FOR PROCESSED CHEESE EXPORTED TO SWITZERLAND UNDER CCT SUBHEADING 04.04 D II IS DEPENDENT ON DELIVERY UNDER A PARTICULAR HEADING . ARTICLE 2 1 . THE HEADING UNDER WHICH DELIVERY SHALL TAKE PLACE AT THE REQUEST OF INTERESTED PARTIES SHALL CORRESPOND TO THE MODEL SET OUT IN THE ANNEX . 2 . THE SIZE OF THE HEADING SHALL BE AROUND 21 BY 30 CM . IT SHALL BE IDENTIFIABLE BY A SERIAL NUMBER . 3 . THE HEADING SHALL BE ESTABLISHED AS ONE ORIGINAL AND AT LEAST ONE COPY . THE COPY SHALL BEAR THE SAME SERIAL NUMBER AS ORIGINAL . THE ORIGINAL AND THE COPY SHALL BE COMPLETED TOGETHER , USING CARBON PAPER EITHER TYPED OR BY HAND . IN THE LAST CASE , IT MUST BE COMPLETED IN CAPITAL LETTERS . ARTICLE 3 1 . THE HEADING SHALL BE DELIVERED BY THE ISSUING AUTHORITY DESIGNATED BY EACH OF THE MEMBER STATES . 2 . WHEN THE PRODUCT LEAVES THE GEOGRAPHIC TERRITORY OF THE COMMUNITY ACCORDING TO ARTICLE 3 OF REGULATION NO 1041/67/EEC , THE ORIGINAL SHALL BE PRESENTED AT THE CUSTOMS OFFICE OF THE EXPORTING COUNTRY , WHICH SHALL CERTIFY IT IN THE PLACE RESERVED FOR THIS PURPOSE AND RETURN IT TO THE INTERESTED PARTY . ARTICLE 4 1 . THE CUSTOMS OFFICE OF THE EXPORTING COUNTRY SHALL CERTIFY THE HEADING PRESENTED WITHIN 60 DAYS STARTING FROM THE DAY FOLLOWING THAT WHEN THE HEADING IS DELIVERED . 2 . THE HEADING IS VALID ONLY FOR THE QUANTITY INDICATED . HOWEVER , WHEN THE PRODUCT LEAVES THE TERRITORY OF THE COMMUNITY , A VARIATION OF 5 % AT THE MOST OF THE QUANTITY INDICATED SHALL BE CONSIDERED AS EQUIVALENT . ARTICLE 5 THE MEMBER STATES SHALL TAKE THE NECESSARY MEASURES TO CONTROL THE ORIGIN OF THE PRODUCTS FOR WHICH HEADINGS ARE REQUESTED AND DELIVERED . ARTICLE 6 THIS REGULATION SHALL ENTER INTO FORCE ON 1 AUGUST 1973 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 31 JULY 1973 . FOR THE COMMISSION THE PRESIDENT FRANCOIS-XAVIER ORTOLI ANNEX : SEE OJ NO L 211 OF 1 . 8 . 1973 .

+++++

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

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

( 3 ) OJ NO L 215 , 30 . 8 . 1968 , P . 25 .

( 4 ) OJ NO L 77 , 26 . 3 . 1973 , P . 1 .

REGULATION ( EEC ) NO 2074/73 OF THE COMMISSION OF 31 JULY 1973 ESTABLISHING THE SPECIAL CONDITIONS FOR THE EXPORT OF PROCESSED CHEESE TO SWITZERLAND

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 ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS , AS LAST AMENDED BY THE ACT ( 2 ) ON THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES , AND IN PARTICULAR ARTICLE 17 ( 4 ) , FIRST SUBPARAGRAPH , THEREOF ;

WHEREAS THE SWISS AUTHORITIES WILL ESTABLISH WITH EFFECT FROM 1 AUGUST 1973 A NEW SYSTEM FOR THE IMPORT OF PROCESSED CHEESE ; WHEREAS THIS SYSTEM PROVIDES FOR DIFFERENT IMPORT DUTIES , ACCORDING TO THE ORIGIN OF THE PROCESSED CHEESE AND THE RAW MATERIAL USED IN ITS MANUFACTURE ; WHEREAS THE LOWEST LEVEL OF DUTY WILL APPLY IF THE PROCESSED CHEESE IS ACCOMPANIED BY A PARTICULAR HEADING CERTIFYING THAT THE PRODUCTS CONCERNED HAVE BEEN MANUFACTURED FROM RAW MATERIAL DERIVED FROM MILK ORIGINATING IN THE EXPORTING COUNTRY OR , SO FAR AS THE COMMUNITY IS CONCERNED , IN FREE CIRCULATION WITHIN THE COMMUNITY ;

WHEREAS , IN ORDER TO ALLOW THOSE PERSONS WITHIN THE COMMUNITY INVOLVED IN SUCH ACTIVITY TO PAY ONLY THE LOWEST LEVEL OF DUTY , IT IS IMPORTANT TO RELATE THE GRANTING OF AN EXPORT REFUND FOR PROCESSED CHEESE EXPORTED TO SWITZERLAND WITH THE PARTICULAR HEADING REFERRED TO ABOVE ;

WHEREAS , SO FAR AS THE CONTROL OF THE USE OF THE HEADING IN QUESTION IS CONCERNED , THE PROCEDURE SET OUT IN COMMISSION REGULATION ( EEC ) NO 1324/68 ( 3 ) OF 29 AUGUST 1968 ESTABLISHING PARTICULAR CONDITIONS FOR THE EXPORT OF CERTAIN CHEESE TO SWITZERLAND , AS LAST AMENDED BY REGULATION ( EEC ) NO 767/73 ( 4 ) , MAY BE TAKEN AS A BASIS ;

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

HAS ADOPTED THIS REGULATION :

THE GRANT OF AN EXPORT REFUND FOR PROCESSED CHEESE EXPORTED TO SWITZERLAND UNDER CCT SUBHEADING 04.04 D II IS DEPENDENT ON DELIVERY UNDER A PARTICULAR HEADING .

ARTICLE 2

1 . THE HEADING UNDER WHICH DELIVERY SHALL TAKE PLACE AT THE REQUEST OF INTERESTED PARTIES SHALL CORRESPOND TO THE MODEL SET OUT IN THE ANNEX .

2 . THE SIZE OF THE HEADING SHALL BE AROUND 21 BY 30 CM . IT SHALL BE IDENTIFIABLE BY A SERIAL NUMBER .

3 . THE HEADING SHALL BE ESTABLISHED AS ONE ORIGINAL AND AT LEAST ONE COPY . THE COPY SHALL BEAR THE SAME SERIAL NUMBER AS ORIGINAL . THE ORIGINAL AND THE COPY SHALL BE COMPLETED TOGETHER , USING CARBON PAPER EITHER TYPED OR BY HAND . IN THE LAST CASE , IT MUST BE COMPLETED IN CAPITAL LETTERS .

ARTICLE 3

1 . THE HEADING SHALL BE DELIVERED BY THE ISSUING AUTHORITY DESIGNATED BY EACH OF THE MEMBER STATES .

2 . WHEN THE PRODUCT LEAVES THE GEOGRAPHIC TERRITORY OF THE COMMUNITY ACCORDING TO ARTICLE 3 OF REGULATION NO 1041/67/EEC , THE ORIGINAL SHALL BE PRESENTED AT THE CUSTOMS OFFICE OF THE EXPORTING COUNTRY , WHICH SHALL CERTIFY IT IN THE PLACE RESERVED FOR THIS PURPOSE AND RETURN IT TO THE INTERESTED PARTY .

ARTICLE 4

1 . THE CUSTOMS OFFICE OF THE EXPORTING COUNTRY SHALL CERTIFY THE HEADING PRESENTED WITHIN 60 DAYS STARTING FROM THE DAY FOLLOWING THAT WHEN THE HEADING IS DELIVERED .

2 . THE HEADING IS VALID ONLY FOR THE QUANTITY INDICATED . HOWEVER , WHEN THE PRODUCT LEAVES THE TERRITORY OF THE COMMUNITY , A VARIATION OF 5 % AT THE MOST OF THE QUANTITY INDICATED SHALL BE CONSIDERED AS EQUIVALENT .

ARTICLE 5

THE MEMBER STATES SHALL TAKE THE NECESSARY MEASURES TO CONTROL THE ORIGIN OF THE PRODUCTS FOR WHICH HEADINGS ARE REQUESTED AND DELIVERED .

ARTICLE 6

THIS REGULATION SHALL ENTER INTO FORCE ON 1 AUGUST 1973 .

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

DONE AT BRUSSELS , 31 JULY 1973 .

FOR THE COMMISSION

THE PRESIDENT

FRANCOIS-XAVIER ORTOLI

ANNEX : SEE OJ NO L 211 OF 1 . 8 . 1973 .