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Guarantee Act 1986

Original Language Title: Waarborgwet 1986

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Act of 24 December 1997, laying down rules on the deposit of platinum, gold and silver works (Guarantee Act 1986)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken into consideration the need to re-establish the guarantee law for 1986 in order to meet the requirements of the Directive No 83 /189/EEC of the Council of the European Communities of 28 March 1993 laying down a procedure for the provision of information in the field of technical standards and regulations (PbEG L 109);

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter 1. Of the levels

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Article 1

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The levels of platinum, gold and silver works guaranteed by quality marks laid down by this Law shall be as follows:

for platinum works at 950 thousandths, except that the platinum group considers iridium to be platinum;

for gold articles of 916, 833, 750 and 585 thousand;

for silver works at 925, 835 and 800 thousandths.


Article 2

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The works, found between two levels, are to be inspected at the lowest animal level.


Article 3

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Works, which are presented in a completed state and which are the subject of a judgment of a Article 7 the designated guarantee institution cannot be established with sufficient security, shall be guaranteed within a limit of 20 000 000.


Article 4

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  • 1 Where works consist of parts of precious metals as referred to in Article 1 , those components shall be separately ensured.

  • 2 Working, which are partly made up of precious metals as intended Article 1 Consisting of other metals or of materials other than those of the other metals Article 1 Such precious metals shall be guaranteed only if they comply with the requirements of our Minister for Economic Affairs.

CHAPTER II. THE OBLIGATION TO ENSURE

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Article 5

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  • 1 To guarantee are platinum, gold and silver works produced here, imported or sold out of the possession of others other than economic operators, in so far as the works are not provided with the requisite conditions. Stamp marks.

  • 2 The provisions of the first paragraph shall not apply to:

    • a. Gold and platinum works, of which the total mass of gold and platinum is less than 0,5 grams;

    • b. Silver works, of which the total mass of silver is less than 1 gram;

    • c. Other works other than those referred to under (a) and (b), to the extent that they are intended to be exported, and provided that these works are stored separately in places not intended for sale to the public.

  • 3 In the case of a general measure of management, the limits set out in points (a) and (b) of paragraph 2 may be increased. Different limits may be laid down for the various precious metals.


Article 5a

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  • 1 The obligation to guarantee, intended to Article 5, first paragraph , does not apply to works which, in a Member State of the European Union or in any other State party to the Agreement on the European Economic Area, are marked by a symbol of a content by an independent body, provided that such sign is is recognised under a legal regime in force and provided that such indication indicates the nature of the precious metal and the precious metal content.

  • 2 On the works referred to in the first paragraph, the Articles 47 to 47c applicable mutatis mutandis.


Article 5b

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The obligation to guarantee, intended to Article 5, first paragraph Nor does it apply to works that are in a state, which is connected to the Article 22 of the said Convention, which have been marked by means of stamp marks in accordance with that Convention


Article 6

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  • 2 An exemption may be subject to restrictions and regulations.

Chapter IIA. Guarantee institutions

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Article 7

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  • 1 Our Minister of Economic Affairs shall designate one or more legal persons with the task of adopting, with due regard to the works offered by and pursuant to this Law, any works on their platinum, gold, palladium and silver content; and To provide stamp marks.

  • 2 A designation as referred to in paragraph 1 shall be carried out only if the legal person concerned fulfils the following requirements:

    • (a) he must be in a position to perform the tasks referred to in the first paragraph;

    • (b) the conditions must be in place for decision-making within the legal person to ensure that the tasks referred to in paragraph 1 are independent as far as possible.

  • Our Minister may withdraw a designation referred to in paragraph 1 if so requested by the legal person concerned, or if that legal person does not consider one or more of the tasks referred to in the first paragraph to the opinion of Our Minister fulfils or no longer complies with the requirements of the second paragraph.

  • 4 Of a designation referred to in paragraph 1 and a revocation of that designation shall be communicated by the State Official Gazette.

  • 5 In this law and the provisions based thereon, a guarantee institution shall mean a legal person designated under the first paragraph.


Article 7a

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  • 1 It shall be prohibited to modify its statutes unless the amendment has been approved by Our Minister for Economic Affairs.

  • 2 Our Minister may refuse to grant an approval as referred to in paragraph 1 only if the statutes would not be sufficiently aligned with the statutes after the amendment. Article 7, first and second paragraphs , meant tasks and demands.


Article 7b

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  • 1 A guarantee institution shall establish one or more offices for the implementation of the Article 7, first paragraph , these tasks.

  • 2 If more than one office is established, the institution may limit the work of any office to an area or category of works to be determined by it. A decision to this effect shall be published by the institution in the Official Journal.


Article 7c

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  • 1 A guarantee institution shall, before 1 November of each year, place the fees for the examination of works to be calculated from 1 February onwards with a view to obtaining the marks referred to in Article 3 (1) of this Regulation. Article 9, first paragraph , and for placing these marks for approval to our Minister for Economic Affairs for. They shall be published by the guarantee institution in the Official Journal after approval.

  • 3 The decision on approval referred to in paragraph 1, first sentence, shall be published for approval within 8 weeks of the date of dispatch.

  • 4 If the tariffs to be calculated from 1 February have not been approved before 1 January prior to that date, our Minister may fix these charges themselves.

  • 5 A decision fixing the rates referred to in paragraph 4 shall be communicated by Our Minister by placement in the State Official Gazette.

  • 6 A guarantee institution may change the rates referred to in paragraph 1 during the year to which they apply. A change in the rates shall be submitted to our Minister for Economic Affairs for approval. The first paragraph, second sentence, and the second and third paragraphs shall apply.


Article 7d

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If the budget of a guarantee institution has not been approved before the beginning of the calendar year for which it is to be submitted, our Minister for Economic Affairs may authorise that institution to outsource those items from which he/she shall not I have a reservation.


Article 7e

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If Our Minister for Economic Affairs has more than one legal person as intended Article 7, first paragraph , designates, it may lay down rules for the proper coordination of the performance of the tasks and tasks to be carried out by those legal persons as referred to in the Articles 13 , 18 , 39 , 47 , 47a and 60 .


Article 8

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The Framework Law on self-employed administrative bodies applies, with the exception of Article 22 of that Act .

CHAPTER III. OF THE STAMP MARKS AND THE HALF-TEST

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Article 9

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The stamping of platinum, gold and silver works, both in the case of Article 1 as in that at Article 3 of which it is intended, takes place with stamps, on whose shape it is and our Minister for Economic Affairs shall lay down rules.


Article 10

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The Article 9 Stamp marks referred to are:

  • 1 °. the content level;

  • 2 °. the mark for the appointment of the guarantee office, where the stamp was put in place;

  • 3 °. the annual mark;

  • 4 °. the weight marking for works, consisting of pieces of more than one, not for separate voting.


Article 11

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  • 1 Working, which cannot be stamped without risk of damage, and works of special antiquity or artistic value, may be used by the institution responsible for carrying out the examination of the obligation to stamp Exempted.

  • 2 In the case referred to in paragraph 1, a written proof shall be furnished in respect of such works, which shall give a detailed description of the work in question.


Article 12

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  • 1 Without prejudice to the stamp of a guarantee institution, each master shall be obliged to work all platinum, gold and silver works resulting from his workshop, excluding works, which cannot be stamped without risk of damage. be marked, with the exit of a self, in accordance with Article 13 In addition, the stamp must be stamped, and which must be marked by his name in addition to a distinctive sign chosen by his name and his name.

  • 2 This mark, designating the responsible manufacturer of the work, bears the name of master character.

  • 3 No workmaster may take a master sign, wholly equal to that of a person of his professional.

  • 4 The provisions of paragraph 1 shall not apply if the master sign, following a contract concluded between the workmaster and the guarantee institution, which will be the subject of an examination, shall be concluded by the institution concerned. shall be installed.


Article 13

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  • 1 The in Article 12, first paragraph The master sign of a guarantee institution shall be subject to the approval of a guarantee institution.

  • 2 The institution concerned shall approve an application for approval as referred to in the first paragraph, the approval of our Minister for Economic Affairs. This rate shall be published by the institution in the Official Gazette.


Article 14

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The cornets and snippets shall be returned to the supplier after each halting test.


Article 15

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  • 1 Before being admitted to the examination, the works must have been completed to a State of completion, which is both against a change in their original destiny and against the damage of the stamps in the course of the remainder of the work, ensures. Working, which has been damaged by such damage, shall be subject to further vote.

  • 2 Indigenous works shall be admitted to the examination only if, except as far as the works are concerned, they are: Article 11 or Article 12, fourth paragraph , applies to the master sign, and whether or not by polishing or by any other way, finished or fitted with stones or similar ornamental articles; except in the opinion of the The guarantee institution, which shall be the subject of the offer, shall make it impossible or unnecessary for particular reasons.


Article 16

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  • 1 The works, presented for inspection, must be accompanied by a signed borderel, indicating the type, number or weight of any metal, and, if possible, content.

  • 2 For the borderline, use shall be made of forms submitted by the guarantee institution, which shall be submitted to the works at cost.


Article 17

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  • 1 The works must always be equipped with prolongations in order to be able to cut the metal required for the test, unless special reasons, with regard to the assessment of the guarantee institution, to which the works are offered, shall remain: Left, impossible or unnecessary.

  • 2 However, it shall remain the guarantee institution which shall also, at least in part, be free to carry out the incision at work.


Article 18

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  • 1 The platinum, gold and silver works intended to be included in the contents and which, after concatenation of their various parts, are no longer susceptible to a proper examination, are to be given to essai in loose parts. and the identification mark established by the guarantee institution, carried out by the guarantee institution, indicating the content of the check. Subsequently returned to the office in a completed state, they shall be stamped on the level designated by the identification mark, without being re-examined.

  • 2 The identification of the identification referred to in paragraph 1 shall be published by the institution which adopted it in the Official Gazette.


Article 19

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  • 1 Hollow works, wire and button work, and any other works, of which the content cannot be learned by the ordinary course, shall be examined in the event of a combination of one or more pieces, depending on the size of the lot.

  • 2 For the purpose of confirming the accuracy of the declaration, the value of the propriety of the fused pieces shall be reimbursed by the institution responsible for the examination by the institution concerned.


Article 20

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  • 1 A guarantee institution shall be empowered to, if it suspects that the platinum, gold and silver works, of which it is required to be stempted at one of the legal contents, filled with iron, copper, resin or any other substance or in a manner covered by it, solder transhipments are, which work by cutting. This must be done in the presence of the provider, unless it has been given to know that it does not want to be present.

  • 2 The person who has been offered the work for inspection shall be informed of the presumption that the works or articles cannot be admitted to the voting.

  • 3 In the opposite case, the security deposit institution, which carried out the investigation, shall be reimbursed to that provider or holder the value of the propriety of the work or object being cut.

  • 4 The provisions of the preceding paragraphs shall not apply to completed works complying with the provisions of Article 4, second paragraph , in relation to these works.


Article 21

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  • If, in the case of platinum, gold or silver ware subject to the statutory examination, a lower level than that specified in the borderel is found to be lower than that specified in the case, a second test may be carried out at the request of the offerer.

  • 2 If the second test confirms the content stated on the borderline, the provider shall not be liable for payment for the first trial.

CHAPTER IIIA. EXAMINATION AND VOTING IN ACCORDANCE WITH THE PROVISIONS OF THE CONVENTION ON PRECIOUS METALS RESEARCH AND VOTING

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Article 22

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For the purposes of this Chapter, the Convention shall be understood as the Convention on the Examination and stamping of precious metals (Trb, adopted in Vienna on 15 November 1972). 1991, 16).


Article 23

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  • 1 At the request of the provider, a guarantee institution carries out the examination and stamping of platinum, gold and silver works, by way of derogation from Chapter III , and of palladium, in accordance with the provisions of this Chapter or in accordance with the provisions of this Chapter.

  • 2 The first paragraph shall not apply where the assessment of a work to the judgment of the institution concerned is not possible without prejudice to damage to that work.


Article 24

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  • 1 Safeguarding of the Article 23, first paragraph Works shall be carried out on levels to be determined by a general measure of management.

  • 2 Article 3 shall not apply to the levels established under the first paragraph.


Article 25

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  • 1 The assay shall be carried out in accordance with the methods and techniques laid down in the Convention.


Article 25a

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  • 1 Op works, in respect of which a content as referred to in Article 24 The following stamp marks shall be removed, which shall also meet the requirements set out in Annex I to the Convention:

    • a. the content of the content in Annex II to the Convention for the content in question;

    • b. In Article 10, below 2 ° , the trade mark.

  • 2 Stempeling as referred to in paragraph 1 may only be made by casting, or by casting on the corresponding works, a master character as referred to in the first paragraph. Article 12, second paragraph , or an input character as specified in Article 47a, first paragraph , as well as a number in arabic numerals, indicating the content of the work in thousandths, are presented.


Article 25b

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Article 7c shall apply mutatis mutandis to the examination and stamping of works in accordance with this Chapter.

Chapter IV. From the entrepreneurs

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Article 26

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  • 1 Entrepreneur in respect of this Act is, any who in the exercise of an occupation or business wholly or partly from platinum, gold, palladium or silver produces, edited, manufactures or edit and all who is in the exercise to trade in an occupation or business with items such as to trade. Trade carried out as referred to in the preceding sentence shall be understood as means by means of establishing contracts for the sale and sale of the items referred to in that sentence.

  • 2 Workers who, in the service of their master, wholly or partly from platinum, gold, palladium or silver, produce or edit existing objects for such production or work.


Article 27 [ Exposition by 11-03-2002]

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Article 28 [ Exchanges by 31.12.1997]

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Article 29 [ Exposition by 11-03-2002]

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Article 29a [ Verfall by 11-03-2002]

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Article 30

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  • 1 No economic operator may have in his possession or trade any platinum, gold or silver piece of platinum, gold or silver work which has to be guaranteed by virtue of the by or under this Law, unless such work is provided with the required stamps, or, if the work on the basis of the provisions of the Article 11, first paragraph , from voting, the written evidence provided for in paragraph 2 of that article.

  • 2 The works, the personal use of the entrepreneur and his family, are not excluded.

  • The provisions of the first paragraph relating to the possession of works shall not apply to the economic operator who has been in his possession for less than four weeks, to the extent that such works are not covered by the public's attention. shall be taken

  • 4 The term marks referred to in paragraph 1 shall be understood to mean all trade marks which, by virtue of legal provisions, have been designated at any time in order to ensure the contents of platinum, gold and silver works, with the exception of the marks Standard non-food-stamp marks.


Article 31

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No entrepreneur may be other than the in Article 30, first paragraph , to place such articles on the market as platinum, gold or silver, if such articles do not comply at least with the following: Article 1 for the relevant articles, the lowest content in force.


Article 32 [ Falling by 31.12.1997]

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Article 33 [ Exchanges by 31.12.1997]

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Article 34 [ Exchanges by 31.12.1997]

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Article 35

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It shall be prohibited to bring to the attention of the public, together with guaranteed works, platinum, gold and silver works together with guaranteed works, unless the former are clearly distinguished from the others.


Article 36

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It shall be prohibited other than that which at least satisfy it on the basis of Article 1 bring to the attention of the public, by using the words precious metal, platinum, gold or silver, or in such a way as to reasonably be deduced from such articles, for the relevant articles, that those objects respond to the composition of platinum, gold and silver works.


Article 37

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Economic operators must ensure that all places accessible to the public are on the basis of Article 60 the forms provided for are available and that at least one of those forms shall be clearly visible.


Article 38 [ Expaed by 31.12.1997]

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Article 39

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  • 1 A workmaster may only provide him with works of a master character of another working master if he has previously notified a guarantee institution in writing, on presentation of a written proof of his or her own That other workmaster's permission.

  • 2 If a workmaster withdraws the authorization to use his master mark as referred to in the first paragraph, he shall forthwith inform a guarantee institution thereof.


Article 40 [ Falling by 31.12.1997]

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Article 41 [ Exchanges by 31.12.1997]

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Article 42 [ Exchanges by 31.12.1997]

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Article 43 [ Exchanges by 31.12.1997]

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CHAPTER V. OF PUBLIC ASSETS AND UNDERLYING BANKS

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Article 44

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  • -The notary, Registrar, door-truer or other official, whose account is a public auction, or, in the absence of such an official, the special person holding the auction or the monitoring, shall ensure that the platinum, gold or gold silver works, do not provide the required stamping marks, do not come in public auction or are on display with that destination.

  • 2 This provision shall also apply to the bunting of the undischarged premises of eligible banks.


Article 45 [ Exchanges by 31.12.1997]

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Article 46

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  • In the event of a public holding, in which platinum, gold and silver works are prevented, the notary, Registrar, bailier or other official, shall be held to be held, or, in the absence of such a person, by the A special person, who shall desubmit or supervise them, shall be reported to our Minister for Economic Affairs at least three days in advance.

  • 2 The declaration referred to in paragraph 1 shall indicate the name, address and capacity of the declarant, the name and address of the person holding the contract, the address of the premises and the dates of viewing and the time of the day and the day of viewing; and Dips.

  • 3 In the case of squaltions of underlying banks or other fixed periods, an indication of the dates and the changes which may be introduced into the provision shall be sufficient.

Chapter VI. From in-, from-and through transit

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Article 47

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Before stamping imported platinum, gold and silver works on one of the legal contents, the institution concerned shall provide such articles, with the exception of those which may not be stamped with damage or which may be damaged. of special artful value,

  • a. of an exit of a stamp of the economic operator for whom the works are intended; or

  • b. at the request of the foreign entrepreneur, who enters the works in the Netherlands, from his master character.


Article 47a

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  • 1 The in Article 47 (a) , the stamp shall bear the name of the input character.

  • 2 No economic operator may adopt an import sign, wholly equivalent to that of one of his professional members.

  • 3 To save the input sign the interested party must give the stamp in custody to the Article 47 Intended guarantee institution.

  • 4 The input character shall be subject to the approval of a guarantee institution.


Article 47b

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  • 1 The in Article 47 (b) The master sign must show the entry letters of the name of the economic operator concerned and a distinctive sign, chosen by him, or must have a distinctive character in the country of origin of the economic operator in question. It must be recognised as a master sign, that the economic operator can be sufficiently identified.


Article 47c

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  • 1 The provisions of Article 47 does not apply:

    • a. For works which, before being imported, have already been in possession of a natural or legal person for the purpose of trading of the holding;

    • b. In other cases, other than those referred to under (a), for works provided with a master sign of the foreign economic operator entering the works in the Netherlands.


Article 48 [ Exchanges by 31.12.1997]

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Article 49 [ Falling by 31.12.1997]

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Article 50 [ Expired per 01-04-2008]

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Article 51 [ Exchanges to 31.12.1997]

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Chapter VIA. Monitoring of compliance

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Article 52

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  • 1 With the monitoring of compliance with Chapter IV and Chapter V shall be responsible for the officials appointed by the decision of our Minister for Economic Affairs.

  • 2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.


Article 52a [ Expired by 01-01-2016]

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Article 52b [ Expired by 01-01-2016]

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Article 52c [ Expired by 01-01-2016]

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Article 52d [ Expired by 01-01-2011]

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Article 53 [ Expired by 01-01-2011]

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Article 54

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  • 1 The following Article 52, first paragraph Designated officials are empowered, with a view to the necessary equipment, to enter a dwelling without the permission of the occupant.


Article 55

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  • 1 The following Article 52 Officials designated shall be competent to, with regard to platinum, gold, palladium and silver works already available on the market, which are marked with a content of iron, copper, resin or any other substance, are suspected of being Either stuffed or covered in a covered process with a soldering transfer, which shall be cut by cutting. This must be done in the presence of the holder, unless it has been given to know not to be present.

  • 2 The holder of the work already present on the market is informed of the presumption that it is wrongly provided for by the content of the trade and the mark already present is destroyed.

  • 3 In the opposite case, the value of the propriety of the work cut shall be reimbursed to that keeper.

  • 4 The provisions of the preceding paragraphs shall not apply to completed works complying with the provisions of Article 4, second paragraph , in relation to these works.


Article 56 [ Expired by 01-01-1998]

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Article 57 [ Verfalls per 01-01-1998]

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Chapter VIB. Information

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Article 58 [ Verfall by 01-01-2011]

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Article 58a

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A guarantee institution is required to provide the information required by the Article 52 require officials appointed to carry out their duties.


Article 59

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A guarantee institution is obliged to give any information about the significance of the different stamps intended for the purpose of this Directive. Article 25a, first and second paragraphs , and Article 30, fourth paragraph , as well as on the driving marks of an unappreciated content.


Article 60

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  • 1 A guarantee institution shall, in consultation with the operators ' organisations concerned, establish one or more forms to which, according to statutory provisions, stamp marks, giving the content of platinum, gold, palladium or silver, Notes are displayed.

  • 2 The guarantee institution, which has established a form as referred to in paragraph 1, shall communicate this form to the Official Journal. This notice shall specify the voting marks shown on the relevant form.

  • 3 The forms referred to in paragraph 1 shall be made available by a guarantee institution to each unit at cost.


Article 61 [ Exchanges by 31.12.1997]

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Article 62 [ Expaed by 31.12.1997]

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CHAPTER VID. OCCUPATION [ EXPIRED per 01-01-2013]

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Article 63 [ Verfall by 01-01-2013]

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Article 64 [ Expaed by 31.12.1997]

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Article 65 [ Expaed by 31.12.1997]

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CHAPTER VII OTHER PROVISIONS

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Article 66

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After the entry into force of this Act, the Act of Guarantees Act 1986 (Stb) is based. 1987, 39) and other decisions on this law.


Article 67

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The Guarantee Act 1986 (Stb. 1987, 39) shall be repealed.


Article 68

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  • 1 This Act shall enter into force from the day following the date of issue of the Official Gazette, in which it is placed, with the exception of Chapter IIIA , which will enter into force at a time to be determined by royal decree.

  • 2 [ Red: Change this Act.]


Article 69

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This law is cited as: Guarantee Act 1986 .

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Given at Old Loo, December 24, 1997

Beatrix

The Secretary of State for Economic Affairs,

A. of Dok-van Weele

Published on the 30th December 1997

The Minister of Justice,

W. Sorgdrager