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( 1 ) OJ NO L 73 , 21 . 3 . 1979 , P . 1 .

( 2 ) OJ NO L 192 , 31 . 7 . 1979 , P . 3 .

( 3 ) OJ NO L 139 , 26 . 5 . 1978 , P . 26 .

( 4 ) OJ NO L 185 , 21 . 7 . 1979 , P . 23 .

( 5 ) OJ NO L 190 , 28 . 7 . 1979 , P . 54 .

COMMISSION REGULATION ( EEC ) NO 1811/79

OF 14 AUGUST 1979

SUPPLEMENTING REGULATION ( EEC ) NO 1636/79 DEROGATING FROM THE PROTECTIVE MEASURES APPLICABLE TO IMPORTS OF PRESERVED MUSHROOMS

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 516/77 OF 14 MARCH 1977 ON THE COMMON ORGANIZATION OF THE MARKET IN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1639/79 ( 2 ), AND IN PARTICULAR ARTICLE 14 ( 2 ) THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 1102/78 OF 25 MAY 1978 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1525/79 ( 4 ), SUSPENDED THE ISSUE OF IMPORT LICENCES FOR PRESERVED MUSHROOMS ORIGINATING IN THE PEOPLE ' S REPUBLIC OF CHINA ;

WHEREAS COMMISSION REGULATION ( EEC ) NO 1636/79 OF 27 JULY 1979 ( 5 ) MADE CERTAIN DEROGATIONS FROM REGULATION ( EEC ) NO 1102/78 ;

WHEREAS ACCORDING TO THE LATEST INFORMATION RECEIVED CERTAIN QUANTITIES OF PRESERVED MUSHROOMS ORIGINATING IN THE PEOPLE ' S REPUBLIC OF CHINA WERE IN TRANSIT TO THE COMMUNITY WHEN THE ISSUE OF IMPORT LICENCES WAS SUSPENDED ; WHEREAS IN ORDER TO TAKE ACCOUNT OF THIS SITUATION REGULATION ( EEC ) NO 1636/79 SHOULD BE SUPPLEMENTED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE FOLLOWING ARTICLE 1A IS ADDED TO REGULATION ( EEC ) NO 1636/79 :

' ARTICLE 1A

1 . BY DEROGATION FROM ARTICLE 1 , MEMBER STATES SHALL ISSUE , IN ACCORDANCE WITH REGULATIONS ( EEC ) NO 193/75 AND ( EEC ) NO 2104/75 , IMPORT LICENCES FOR PRESERVED MUSHROOMS IN THE QUANTITIES INDICATED IN THE SAID ARTICLE , PROVIDED THAT THEY ARE TRANSPORTED IN BOATS WHICH LEFT THE PEOPLE ' S REPUBLIC OF CHINA FOR A COMMUNITY PORT BY 31 JULY 1979 AT THE LATEST .

2 . LICENCE APPLICATIONS SHALL NOT BE VALID UNLESS ACCOMPANIED BY A COPY OF THE BILL OF LADING OR EQUIVALENT TRANSPORT DOCUMENT DRAWN UP IN THE PEOPLE ' S REPUBLIC OF CHINA AND SHOWING THE APPLICANT FOR THE LICENCE AS FIRST CONSIGNEE .

THE LICENCE APPLICATION AND LICENCE SHALL SHOW :

- IN SECTION 12 A REFERENCE TO THE BILL OF LADING OR TRANSPORT DOCUMENT SPECIFIED ABOVE ,

- IN SECTION 14 THE WORDS " PEOPLE ' S REPUBLIC OF CHINA " .

THE LICENCE SHALL CARRY AN OBLIGATION TO IMPORT FROM THE COUNTRY THUS INDICATED .

THE AGENCY ISSUING THE LICENCE SHALL STAMP THE COPY OF THE BILL OF LADING OR TRANSPORT DOCUMENT ACCOMPANYING THE LICENCE APPLICATION . THIS COPY , WHICH SHALL BE RETURNED TO THE APPLICANT , SHALL BEAR A REFERENCE TO THE IMPORT LICENCE .

3 . THE COPY OF THE BILL OF LADING OR TRANSPORT DOCUMENT SPECIFIED ABOVE SHALL CONSTITUTE SATISFACTORY EVIDENCE TO THE COMPETENT AUTHORITIES THAT THE PRODUCTS IN QUESTION MEET THE CONDITIONS LAID DOWN IN PARAGRAPH 1 .

4 . WHEN THE GOODS REFERRED TO ABOVE ARE ADMITTED TO FREE CIRCULATION THE COPY OF THE BILL OF LADING OR EQUIVALENT TRANSPORT DOCUMENT STAMPED AS INDICATED IN PARAGRAPH 2 SHALL BE SUBMITTED TO THE CUSTOMS AUTHORITIES , WHO SHALL CHECK THAT THE CROSS-REFERENCES ON THE LICENCE AND THE SAID DOCUMENT ARE IN ORDER . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF 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 , 14 AUGUST 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT