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REGULATION ( EEC ) NO 1908/73 OF THE COUNCIL OF 4 JULY 1973 ON THE PROCEDURE TO FACILITATE THE ISSUE OF MOVEMENT CERTIFICATES UNDER THE PROVISIONS GOVERNING TRADE BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND CERTAIN COUNTRIES

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS THE PROVISIONS GOVERNING TRADE BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND CERTAIN COUNTRIES INCLUDE MEASURES FOR THE ISSUE BY THE CUSTOMS AUTHORITIES IN THE COMMUNITY OF MOVEMENT CERTIFICATES ENABLING THE GOODS TO WHICH THEY RELATE TO BENEFIT FROM A PREFERENTIAL TREATMENT ;

WHEREAS THE ISSUE OF THE SAID CERTIFICATES IS SUBJECT TO THE CONDITION THAT THE GOODS TO WHICH THEY RELATE ARE CONSIDERED AS " ORIGINATING " PRODUCTS WITHIN THE MEANING OF THE ABOVEMENTIONED PROVISIONS ;

WHEREAS GOODS MAY QUALIFY AS " ORIGINATING " PRODUCTS AS A RESULT OF SUCCESSIVE PROCESSINGS IN SEVERAL MEMBER STATES ;

WHEREAS , THEREFORE , THE ISSUE OF MOVEMENT CERTIFICATES SHOULD BE FACILITATED WHEN A REQUEST THEREFOR IS MADE IN A MEMBER STATE IN RESPECT OF GOODS COMING FROM OTHER MEMBER STATES AND EXPORTED IN THE SAME STATE OR AFTER PROCESSING ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . WITH A VIEW TO THE ISSUE OF MOVEMENT CERTIFICATES ENABLING THE GOODS TO WHICH THEY RELATE TO BENEFIT FROM PREFERENTIAL TREATMENT , THE COMPETENT CUSTOMS OFFICE OF THE MEMBER STATE WHERE THE ISSUE OF A CERTIFICATE IS REQUESTED FOR GOODS COMING FROM OTHER MEMBER STATES AND INTENDED FOR EXPORT , FROM THAT MEMBER STATE , IN THE SAME STATE OR AFTER PROCESSING , SHALL TAKE INTO CONSIDERATION A DECLARATION ( SEE SPECIMEN IN ANNEX I ) FURNISHED BY THE SUPPLIER IN THE MEMBER STATE FROM WHICH THE GOODS CAME EITHER ON THE COMMERCIAL INVOICE RELATING TO THE GOODS OR ON AN ANNEX TO THAT INVOICE .

2 . THE CUSTOMS OFFICE CONCERNED MAY HOWEVER REQUEST THE EXPORTER TO PRODUCE AN INFORMATION CERTIFICATE ( SEE SPECIMEN IN ANNEX II ) ISSUED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 2 , EITHER TO CHECK THAT THE INFORMATION GIVEN IN THE DECLARATION REFERRED TO IN PARAGRAPH 1 IS CORRECT , OR TO OBTAIN ADDITIONAL INFORMATION .

ARTICLE 2

THE INFORMATION CERTIFICATE SHALL BE ISSUED , AT THE SUPPLIER'S REQUEST , BY THE COMPETENT CUSTOMS OFFICE OF THE MEMBER STATE FROM WHICH THE GOODS WERE PREVIOUSLY DISPATCHED TO THE MEMBER STATE IN WHICH THE ISSUE OF THE MOVEMENT CERTIFICATE HAS BEEN REQUESTED , EITHER FOR THE PURPOSES PROVIDED FOR IN ARTICLE 1 ( 2 ) , OR ON THE SUPPLIER'S OWN INITIATIVE . THIS INFORMATION CERTIFICATE SHALL BE COMPLETED IN DUPLICATE . ONE COPY SHALL BE SENT TO THE APPLICANT , WHO SHALL FORWARD IT EITHER TO THE EXPORTER OR TO THE CUSTOMS OFFICE OF EXPORTATION . THE SECOND COPY SHALL BE KEPT BY THE ISSUING OFFICE .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE FIRST DAY OF THE SECOND MONTH 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 JULY 1973 .

FOR THE COUNCIL

THE PRESIDENT

IB FREDERIKSEN

ANNEXES : SEE OJ NO L 197 OF 17 . 7 . 1973 .