Commission Regulation (EC) No 51/2000 of 10 January 2000 amending Commission Regulation (EC) No 1040/1999 adopting a protective measure applying to imports of garlic originating in China
Date: 2000-01-10
Institutions: European Commission
Subjects: China, bulb vegetable, import, protective clause

L 6/18

EN

Official Journal of the European Communities

11. 1. 2000

COMMISSION REGULATION (EC) No 51/2000

of 10 January 2000

amending Commission Regulation (EC) No 1040/1999 adopting a protective measure applying to
imports of garlic originating in China

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 market in
fruit and vegetables (1), as last amended by Regulation (EC) No
1257/1999 (2), and in particular Article 31(2) thereof,

(4)

Whereas:

(1)

(2)

the system of

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

The fourth indent of the first subparagraph of Article
5(1) of Commission Regulation (EEC) No 3719/88 of 16
November 1988 laying down common detailed rules for
import and export
the system of
the application of
licences and advance fixing certificates for agricultural
products (5), as last amended by Regulation (EC) No
1127/1999 (6),
lays down that ‘a licence shall not be
required and may not be produced for the purposes of
operations relating to quantities such that the amount of
the security for the corresponding licence would be
EUR 5 or less’.

amended by Regulation (EC) No 2555/1999 (8),
lays
down the conditions for issuing import
licences for
garlic originating in China for the period 1 June 1999 to
31 May 2000.

It is necessary to prevent possible abuse of the above
provisions of Regulation (EEC) No 3719/88 by regular
and repeated imports of small quantities of garlic from
China which combine to circumvent the aim of this
protective measure. To this end, the fourth indent of the
first subparagraph of Article 5(1) of Regulation (EEC) No
3719/88 should not apply to releases for free circulation
of garlic originating in that country,

HAS ADOPTED THIS REGULATION:

Article 1

The following paragraph 4 is added to Article 1 of Regulation
(EC) No 1040/1999:

‘4.
The fourth indent of the first subparagraph of Article
5(1) of Regulation (EEC) No 3719/88 shall not apply,
during the period referred to in paragraph 1, to releases for
free circulation of garlic originating in China.’

Article 2

(3)

Article 1 of Commission Regulation (EC) No 1040/1999
of 20 May 1999 adopting a protective measure applying
to imports of garlic originating in China (7), as last

This Regulation shall enter
into force on the third day
following 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, 10 January 2000.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 160, 26.6.1999, p. 80.
(3) OJ L 170, 13.7.1993, p. 10.
(4) OJ L 176, 9.7.1994, p. 1.
(5) OJ L 331, 2.12.1988, p. 1.
(6) OJ L 135, 29.5.1999, p. 48.
(7) OJ L 127, 21.5.1999, p. 10.

(8) OJ L 275, 26.10.1999, p. 11.