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

( 2 ) OJ NO L 204 , 28 . 7 . 1978 , P . 6 .

( 3 ) OJ NO L 336 , 29 . 12 . 1979 , P . 15 .

COMMISSION REGULATION ( EEC ) NO 1625/80

OF 26 JUNE 1980

AMENDING REGULATION ( EEC ) NO 2965/79 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 ) NO 804/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1761/78 ( 2 ), AND IN PARTICULAR ARTICLE 14 ( 7 ) THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 2965/79 ( 3 ) PROVIDES THAT A CERTIFICATE INDICATING THE FREE-AT-FRONTIER VALUE SHALL BE PRESENTED TO THE CUSTOMS AUTHORITIES OF THE IMPORTING MEMBER STATE WITHIN THE THREE MONTHS OF ITS ISSUE ;

WHEREAS APPLICANTS SHOULD NOT BE PRECLUDED FROM THE BENEFIT OF THE PROVISIONS IN QUESTION WHERE THIS THREE-MONTH TIME LIMIT HAS NOT BEEN COMPLIED WITH AS A RESULT OF UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE ;

WHEREAS THE FREE-AT-FRONTIER VALUE IS ADJUSTED TO TAKE ACCOUNT OF CHANGES IN THE FACTORS DETERMINING THE FORMATION OF PRICES IN THE COMMUNITY ;

WHEREAS PRODUCTS HAVING COMPLIED WITH THE FREE-AT-FRONTIER VALUE AT THE TIME OF EXPORT MAY BE IMPORTED INTO THE COMMUNITY AFTER AN ADJUSTMENT OF THAT VALUE ; WHEREAS IN SUCH CASE THE FACT THAT THE VALUE WAS COMPLIED WITH AT THE TIME OF EXPORT NEED NOT MEAN THAT IT IS COMPLIED WITH ON IMPORT ;

WHEREAS THIS SITUATION LEADS TO UNCERTAINTY FOR BOTH THE EXPORTER AND THE IMPORTER ; WHEREAS THE TREATMENT OF PRODUCTS IN SUCH CASES SHOULD BE CLARIFIED ;

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

REGULATION ( EEC ) NO 2965/79 SHALL BE AMENDED AS FOLLOWS :

1 . ARTICLE 4 ( 1 ) SHALL BE REPLACED BY THE FOLLOWING :

' 1 . SUBJECT TO UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE , THE ORIGINAL OF THE CERTIFICATE SHALL BE PRESENTED TO THE CUSTOMS AUTHORITIES OF THE IMPORTING MEMBER STATE , TOGETHER WITH THE PRODUCTS TO WHICH IT RELATES , WITHIN THREE MONTHS FROM ITS DATE OF ISSUE . '

2 . THE FOLLOWING PARAGRAPH SHALL BE ADDED TO ARTICLE 5 :

' 3 . A CERTIFICATE SHALL BE CONSIDERED VALID IF , DURING THE PERIOD BETWEEN ITS ISSUE AND THE RELEASE OF THE PRODUCTS FOR FREE CIRCULATION IN THE COMMUNITY , THE FREE-AT-FRONTIER VALUE TO BE COMPLIED WITH HAS BEEN CHANGED , ON CONDITION THAT :

( A ) THE FREE-AT-FRONTIER PRICE INDICATED IN THE CERTIFICATE IS AT LEAST EQUAL TO THE FREE-AT-FRONTIER VALUE APPLICABLE ON THE DAY OF ISSUE ;

( B ) THE CERTIFICATE WAS ISSUED NOT MORE THAN ONE MONTH IN ADVANCE OF THE CHANGE IN THE FREE-AT-FRONTIER VALUE . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE 15TH DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

HOWEVER , AT THE REQUEST OF THE PARTY CONCERNED , IT SHALL ALSO APPLY TO CERTIFICATES PRESENTED TO THE CUSTOMS AUTHORITIES ON OR AFTER 1 JUNE 1980 .

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

DONE AT BRUSSELS , 26 JUNE 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT