Commission Regulation (EC) No 2520/98 of 24 November 1998 amending Regulation (EC) No 544/97 as regards certificates of origin for garlic imported from Malaysia
Date: 1998-11-24
Institutions: European Commission
Subjects: Malaysia, bulb vegetable, certificate of origin, import, originating product

L 315/10

EN

Official Journal of the European Communities

25. 11. 98

COMMISSION REGULATION (EC) No 2520/98

of 24 November 1998

amending Regulation (EC) No 544/97 as regards certificates of origin for garlic
imported from Malaysia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2200/96 of
28 October 1996 on the common organisation of the
amended by
and vegetables (1),
market
Commission Regulation (EC) No 2520/97 (2), and in
particular Article 31(2) thereof,

in fruit

as

originating in Malaysia have been submitted under Regu-
lation (EC) No 1859/93; whereas the number of such
applications is rising; whereas Regulation (EC) No 544/97
should be applied to Malaysia forthwith in order to
prevent any fraud;

Whereas there is a clear risk of fraud arising from the fact
that no garlic is produced in Malaysia; whereas Article 4
of Regulation (EC) No 544/97 should therefore not apply
in the case in point;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Fruit and Vegetables,

Whereas Commission Regulation (EEC) No 1859/93 of
12 July 1993 on the application of the system of import
licences for garlic imported from third countries (3), as
amended by Regulation (EC) No 1662/94 (4), makes the
release of all garlic for free circulation in the Community
subject to the presentation of import licences;

HAS ADOPTED THIS REGULATION:

Whereas, in order to step up controls and to prevent any
risk of deflection of trade resulting from inaccurate docu-
ments, Commission Regulation (EC) No 544/97 (5) makes
imports of garlic originating in certain third countries
subject to the presentation of a certificate of origin issued
by the competent national authorities in accordance with
Articles 56 to 62 of Commission Regulation (EEC) No
2454/93 of 2 July 1993 laying down provisions for the
implementation of Council Regulation (EEC) No 2913/92
last
establishing the Common Customs Code (6), as
amended by Regulation (EC) No 1677/98 (7), and requires
imports of garlic originating in such third countries to be
transported directly to the Community;

Article 1

Malaysia is added to the list of
the third countries
appearing in the Annex to Regulation (EC) No 544/97.

Article 2

Article 4 of Regulation (EC) No 544/97 shall not apply to
products declared as originating in Malaysia and in the
process of shipment to the Community.

Whereas the Malaysian authorities have confirmed that
no garlic is produced in Malaysia; whereas, however,
import licence applications covering garlic declared as

(1) OJ L 297, 21. 11. 1996, p. 1.
(2) OJ L 346, 17. 12. 1997, p. 41.
(3) OJ L 170, 13. 7. 1993, p. 10.
(4) OJ L 176, 9. 7. 1994, p. 1.
(5) OJ L 84, 26. 3. 1997, p. 8.
(6) OJ L 253, 11. 10. 1993, p. 1.
(7) OJ L 212, 30. 7. 1998, p. 18.

Article 3

This Regulation shall enter into force on the day of its
publication in the Official Journal of the European
Communities.

Notwithstanding the second paragraph of Article 5 of
Regulation (EC) No 544/97, it shall apply as from its
entry into force.

25. 11. 98

EN

Official Journal of the European Communities

L 315/11

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 24 November 1998.

For the Commission

Franz FISCHLER

Member of the Commission