CELEX: 31974R0509
Language: en
Date: 1974-02-28 00:00:00
Title: Regulation (EEC) No 509/74 of the Commission of 28 February 1974 on the certification of authenticity which has to appear on the certificate of origin form A issued for unmanufactured tobacco of the type 'flue-cured Virginia' by countries to which generalized preferences have been granted

No L 59 /74                            Official Journal of the European Communities                                1 . 3 . 74
                             REGULATION (EEC) No 509/74 OF THE COMMISSION
                                                     of 28 February 1974
               on the certification of authenticity which has to appear on the certificate of
               origin form A issued for unmanufactured tobacco of the type ' flue-cured
                 Virginia' by countries to which generalized preferences have been granted
THE COMMISSION OF THE EUROPEAN                                    ( 1 ) of Council Regulation (EEC) No 166/74 of 21
 COMMUNITIES,                                                     January 1974 is to be given in box 4 of the certificate
                                                                  of origin form A laid down in Commission Regula­
 Having regard to the Treaty establishing the European             tion (EEC) No 3614/73 of 20 December 1973 .
 Economic Community ;
 Having regard to Council Regulation (EEC) No                      2. The certification mentioned in paragraph 1
 166/74 of 21 January 1 974 ( l ) on the opening, allo­           consists of the following words : 'The undersigned
cating and providing for the administration of a                   authority certifies the truth of the description of the
Community tariff quota for unmanufactured tobacco                 goods given in box 7 below', followed by the stamp of
of the 'flue-cured Virginia' type originating in deve­             the competent authority and the signature of the
loping countries, and in particular Article 1 ( 1 )               competent official .
thereof ;
Whereas the provisions mentioned above stipulate                   3 . . The description of goods in box 7 of the certifi­
that the benefit of the tariff quotas for unmanufac­              cate of origin should cpntain the following words :
tured tobacco of the 'flue-cured Virginia' type is                'Tobacco, raw or unmanufactured, type "flue-cured
dependent on certification of authenticity being made             Virginia".'
on the certificate of origin as laid down by Commis­
sion Regulation (EEC) No 3614/73 of 20 December
 1973 (*);                                                                                 Article 2
Whereas it is necessary to have this certification
appearing in box 4 of the certificate of origin form A ;          The favoured countries are to inform the Commission
it is also necessary that this certification should be            of the European Communities of the name and the
given under the signature and stamp of the authority              address of the governmental authorities competent to
competent in this field in the beneficiary country,                issue the certification mentioned in Article 1 , together
certifying the accuracy of the description of the goods           with an impression of the stamp they use.
in question given in box 7 ;
Whereas it is necessary that the customs authorities of
the Member States should be told the name and the                                          Article 3
address of the said authority competent to issue the
said certification of authenticity, and be given a speci­          By derogation from the provisions of Article 1 ( 1 ) and
men of the stamp they use ;                                       (2) and without prejudice to the provisions of Article 1
                                                                  (3) and Article 2, the said certification does not have
Whereas the governmental authority issuing the certifi­
                                                                  to appear in box 4 of the certificate of origin if the
cate of origin in any case guarantees the truth of all
                                                                  authority competent to issue the certificate of origin is
statements made thereon ; this shows that it may be
considered not necessary in certain cases and under
                                                                  the governmental authority qualified to provide an
                                                                  attestation , in accordance with Article 1 .
certain conditions to have a distinct certification in
box 4 of the certificate of origin ;
Whereas the provisions of this Regulation are in accor­                                    Article 4
dance with the Opinion of the Committee on Origin ,
                                                                  Products which satisfy the requirements of this Regula­
HAS ADOPTED THIS REGULATION :                                     tion and which have been despatched from benefi­
                                                                  ciary countries, after the date of the opening of the
                          Article 1                               tariff quotas granted to these products, or are on the
                                                                  said date either in transit or under temporary ware­
 1.    Without prejudice to the provisions of Article 3,          house procedure, in customs warehouses or free zones
the certification of authenticity laid down in Article 1          in the Community or in the beneficiary exporting
                                                                  country, may within a time limit of six months,
H OJ No L 20 , 24 . 1 . 1974, p . 4.                              benefit in the Community from the provisions of the
i1 ) OJ No L 358 , 28 . 12. 1973 , p . 132 .                      preferential tariff system , provided that a certificate of
 ---pagebreak--- 1 . 3 . 74                       Official Journal of the European Communities                          No L 59 / 75
origin form A is issued retrospectively, in accordance                              Article 5
with the provisions of this Regulation , by the compe­
tent governmental authorities of the beneficiary
country concerned , together with documentary
evidence of direct transport, are presented to the          This Regulation shall enter into force on the third day
Customs authorities in the Community within such            following its publication in the Official journal of
period of time as shall be determined by them .             the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 28 February 1974.
                                                                     For the Commission
                                                                         The President
                                                                    Francois-Xavier ORTOLI