1983R3439 — EN — 01.01.1988 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No3439/83
of5December 1983
layingdownspecialconditionsfortheexportofcertaincheesestoAustralia
(OJ L 340, 6.12.1983, p. 7)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 269/84 of 1 February 1984 L 31 12 2.2.1984
►M2Commission Regulation (EEC) no 222/88 of 22 December 1987 L 28 1 1.2.1988
▼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
in particular 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 certain
cheeses of Community origin imported into Australia and that refunds
on exports of these cheeses to Australia will be reduced;
Whereas provision should be made for a system of certificates to
accompany the said cheeses so that the competent authorities in thecountry of destination can speed up customs clearance; whereas stepsshould be taken to ensure that a higher refund than that provided for
in 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
For cheeses other than blue-veined cheeses and cheddar, box 7 of the
title shall include the words ‘of a water content by weight of the 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 indicated
on a certificate shall be considered 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 exportdeclaration relating to the cheeses covered by the certificate. Certifi-1983R3439 — EN — 01.01.1988 — 002.001 — 2
(1) OJ No L 148, 28. 6. 1968, p. 13.
(2) OJ No L 163, 22. 6. 1983, p. 56.▼M2
▼B
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cates and copies must be so presented within 60 days from the date on
which the certificate is issued.
2. The customs office referred to in paragraph 1 shall ensorse the
original and the copy of a certificate only if they are presented within
the period referred to in paragraph 1 and if the country of destinationgiven on the export declaration and on the document used to obtain arefund 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 inform
them as soon as possible of the result.
Article 6
1. Without prejudice to Article 20 of Commission Regulation (EEC)
No 2730/79(
1), a copy of the certificate of which a specimen is shown
in Annex II, duly endorsed in the box provided for the purpose by thecustoms 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 obtain
the 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-
tion or have them printed. The size of the forms shall be 210 × 297millimetres.
3. The Member States from which the cheese is exported may
require that certificates used wihin their territory be drawn up in one
of 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
publication in the Official Journal of the European Communities .
It shall apply from 1 January 1984.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1983R3439 — EN — 01.01.1988 — 002.001 — 3
(1) OJ No L 317, 12. 12. 1979, p. 1.
▼M2
ANNEX I
List of cheeses for which a certificate, of which a specimen is shown in
AnnexII,maybeissued
CN code Description
ex 040640 Blue-veined cheese, excluding Roquefort
04069021 Cheddar
ex 040690 Other cheeses of a water content, calculated by weight,
of the non-fatty matter exceeding 47 % but not
exceeding 62 %, except for:
— Kefalotyri, 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 the 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 the 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 — 01.01.1988 — 002.001 — 4
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ANNEX II
EUROPEANCOMMUNITY
1983R3439 — EN — 01.01.1988 — 002.001 — 5