1983R3439 — EN — 05.02.1984 — 001.001 — 1
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►B COMMISSIONREGULATION(EEC)No3439/83
of5December 1983
layingdownspecialconditionsfortheexportofcertaincheesestoAustralia
(OJ L 340, 6.12.1983, p. 7)
Amended by:
Official Journal
No page date
►M1CommissionRegulation(EEC) No 269/84 of 1 February 1984 L 31 12 2.2.1984
▼B
COMMISSIONREGULATION(EEC)No3439/83
of5December 1983
laying down special conditions for the export of certain cheeses to
Australia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 804/68 of 27 June
1968 on the common organization of the market in milk and milkproducts(
1), as last amended by Regulation (EEC) No 1600/83(2), and
inparticular the first subparagraph of Article 17 (4) thereof,
Whereas the Commission has reached agreement with the Government
of Australia that countervailing duties will not be imposed on certaincheeses of Community origin imported into Australia and that refunds
onexports of these cheeses to Australia will be reduced;
Whereas provisionshould be made for a system of certificates to
accompany the said cheeses so that the competent authorities in the
country of destination can speed up customs clearance; whereas steps
should be taken to ensure that a higher refund than that provided forin the case of exports to Australia is not granted;
Whereas the Management Committee for Milk and Milk Products has
not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
At the request of an exporter, a certificate corresponding to the
specimen shown in Annex II shall be issued for exports to Australiaof the cheeses in Annex I.
Article 2
1. Certificates shall be issued by the competent authority, hereinafter
referred to as the ‘issuing agency’, designated by each Member State.
These agencies shall keep copies of certificates issued.
2. An issuing agency shall number each certificate. Copies shall
bear the same number as the original.
Article 3
In respect of products falling within subheading 04.04 E I b) 2 of the
CommonCustoms Tariff, box 7 onthe certificate shall con tainthewords ‘water content, by weight, in non-fatty matter exceeding 47 %but not exceeding 62 %’.
Article 4
Certificates shall be valid only for the quantity indicated thereon.
However, a quantity differing by not more than 5 % from that indicatedona certificate shall be con sidered as covered.
Article 5
1. The original and one copy of a certificate shall be presented for
endorsement to the customs office which has received the export
declarationrelatin g to the cheeses covered by the certificate. Certifi-
cates and copies must be so presented within 60 days from the dateonwhich the certificate is issued.1983R3439 — EN — 05.02.1984 — 001.001 — 2
(1) OJ No L 148, 28. 6. 1968, p. 13.
(2) OJ No L 163, 22. 6. 1983, p. 56.
▼B
2. The customs office referred to inparagraph 1 shall en sorse the
original and the copy of a certificate only if they are presented withinthe period referred to in paragraph 1 and if the country of destination
givenonthe export declarationan d onthe documen t used to obtaina
refund is the same as that for which the certificate has been issued.
3. After endorsement, originals and copies of certificates shall be
returned to the party concerned.
4. Where a check is requested a posteriori by the competent autho-
rities in the country of destination, the issuing agency shall informthem as soonas possible of the result.
Article 6
1. Without prejudice to Article 20 of CommissionRegulation(EEC)
No 2730/79(
1), a copy of the certificate of which a specimenis shown
in Annex II, duly endorsed in the box provided for the purpose by the
customs authorities in the country of destination, shall be considered asproof within the meaning of paragraph 3 of the said Article.
2. No export refund exceeding the rate laid down for exports of
cheeses to Australia may be granted where the document used to obtainthe refund when the cheese is cleared by customs for export gives
Australia as the country of destination.
Article 7
1. The form, of which a specimen is shown in Annex II, shall be
made out in one original and at least two copies.
2. Member States shall print the forms provided for in this Regula-
tionor have them prin ted. The size of the forms shall be 210 × 297millimetres.
3. The Member States from which the cheese is exported may
require that certificates used wihintheir territory be drawnup inon eof their official languages in addition to containing the text in English.
Article 8
This Regulation shall enter into force on the third day following its
publicationinthe Official Journal of the European Communities .
It shall apply from 1 January 1984.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1983R3439 — EN — 05.02.1984 — 001.001 — 3
(1) OJ No L 317, 12. 12. 1979, p. 1.
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ANNEX I
List of cheeses for which a certificate, of which a specimen is shown in
AnnexII,maybeissued
CCT heading No Description
ex 04.04 C Blue-veined cheese, excluding Roquefort
04.04 E I b) 1 Cheddar
ex 04.04 E I b) 2 Other cheeses of a water content, calculated by weight,
of the non-fatty matter exceeding 47 % but not
exceeding 62 %, except for:
— Kefalotiri, Kefalograviera and Kasseri, made exclu-
sively from sheep's and/or goats' milk
— Asiago, Caciocavallo, Montasio, Provolone, Ragu-
sano, Butterkäse, Esrom, Italico, Kernhem, Saint-
Nectaire, Saint-Paulin, Taleggio, Ricotta, Feta
— cheeses of a fat content by weight in dry matter of
less than 19 % and a dry matter content of 32 % or
more by weight
— cheeses of a fat content by weight in dry matter of
19 % or more and less than 39 % and a water
content, calculated by weight, in the non-fatty matter
of 62 % or less1983R3439 — EN — 05.02.1984 — 001.001 — 4
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ANNEX II
EUROPEANCOMMUNITY
1983R3439 — EN — 05.02.1984 — 001.001 — 5