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( 1 ) OJ NO L 73 , 21 . 3 . 1977 , 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 .

COMMISSION REGULATION ( EEC ) NO 2908/79

OF 21 DECEMBER 1979

DEROGATING FROM REGULATION ( EEC ) NO 1102/78 ADOPTING 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 AMENDED BY REGULATION ( EEC ) NO 1525/79 ( 4 ), SUSPENDED THE ISSUE OF IMPORT LICENCES FOR PRESERVED MUSHROOMS ; WHEREAS , HOWEVER , THE PEOPLE ' S REPUBLIC OF CHINA AND THE REPUBLIC OF KOREA WERE ELIGIBLE IN 1979 FOR THE APPLICATION OF ARTICLE 2 ( 1 ) OF REGULATION ( EEC ) NO 1102/78 ;

WHEREAS NEGOTIATIONS WITH THOSE COUNTRIES FOR THE PURPOSE OF DETERMINING THE QUANTITIES WHICH THE COUNTRIES IN QUESTION UNDERTAKE TO EXPORT TO THE COMMUNITY IN 1980 HAVE NOT YET BEEN CONCLUDED ; WHEREAS , PENDING THE OUTCOME OF THESE NEGOTIATIONS , IT IS NOT ADVISABLE TO SEVER TRADE LINKS WITH THOSE COUNTRIES ; WHEREAS , TO THIS END , IT IS APPROPRIATE TEMPORARILY TO PROVIDE FOR THE GRANTING OF LICENCES FOR THE IMPORT OF LIMITED QUANTITIES OF PRESERVED MUSHROOMS ORIGINATING IN CHINA AND KOREA ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FOR THE PERIOD 1 JANUARY TO 29 FEBRUARY 1980 , APPLICATIONS FOR IMPORT LICENCES FOR PRESERVED MUSHROOMS FALLING WITHIN SUBHEADING 20.02 A OF THE COMMON CUSTOMS TARIFF , ORIGINATING IN THE PEOPLE ' S REPUBLIC OF CHINA OR THE REPUBLIC OF KOREA , SHALL BE GRANTED IN RESPECT OF 24 % OF THE QUANTITY IMPORTED IN 1977 FROM EACH OF THOSE COUNTRIES BY EACH INTERESTED PARTY IN THE MEMBER STATE IN WHICH THE IMPORT LICENCE IS APPLIED FOR .

PROOF RELATING TO THE QUANTITIES IMPORTED IN 1977 REFERRED TO ABOVE SHALL BE FURNISHED AT THE TIME WHEN THE APPLICATION FOR A LICENCE IS SUBMITTED BY THE PRODUCTION OF CUSTOMS DOCUMENTS FOR RELEASE INTO FREE CIRCULATION .

2 . WHERE APPLICATIONS FOR LICENCES ARE MADE BY PERSONS WHO DID NOT IMPORT THE PRODUCT IN QUESTION FROM THE PEOPLE ' S REPUBLIC OF CHINA OR FROM THE REPUBLIC OF KOREA IN 1977 , SUCH APPLICATIONS SHALL BE GRANTED IN EACH MEMBER STATE UP TO A LIMIT OF 2 % OF THE OVERALL QUANTITY IN RESPECT OF WHICH IMPORT LICENCES ARE ISSUED IN THAT MEMBER STATE PURSUANT TO PARAGRAPH 1 .

3 . WHERE AN IMPORT LICENCE IS APPLIED FOR IN RESPECT OF PRESERVED MUSHROOMS FROM ONE OF THE COUNTRIES MENTIONED UNDER 1 , THE APPLICATION FOR A LICENCE AND THE LICENCE SHALL BEAR IN SPACE 14 THE NAME OF THE COUNTRY OF ORIGIN . THE LICENCE SHALL MAKE IT OBLIGATORY TO IMPORT FROM THE COUNTRY THUS STATED .

ARTICLE 2

REGULATION ( EEC ) NO 2447/79 IS HEREBY REPEALED .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1980 .

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

DONE AT BRUSSELS , 21 DECEMBER 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT