31974R0509

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 ; 3 . . The description of goods in box 7 of the certifi­ Whereas the provisions mentioned above stipulate cate of origin should cpntain the following words : that the benefit of the tariff quotas for unmanufac­ 'Tobacco, raw or unmanufactured, type "flue-cured tured tobacco of the 'flue-cured Virginia' type is Virginia".' dependent on certification of authenticity being made 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 the governmental authority qualified to provide an considered not necessary in certain cases and under 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

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