Commission Regulation (EC) No 2872/2000 of 28 December 2000 amending Regulation (EEC) No 1859/93 on the application of the system of import licences for garlic imported from third countries
Date: 2000-12-28
Institutions: European Commission
Subjects: bulb vegetable, import licence, originating product, third country

29.12.2000

EN

Official Journal of the European Communities

L 333/49

COMMISSION REGULATION (EC) No 2872/2000

of 28 December 2000

amending Regulation (EEC) No 1859/93 on the application of the system of import licences for
garlic imported from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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
2699/2000 (2), and in particular Article 31(2) thereof,

Whereas:

(1)

(2)

(3)

The Annex to Commission Regulation (EC) No 544/97
of 25 March 1997 introducing certificates of origin for
garlic imported from certain third countries (3), as last
amended by Regulation (EC) No 2520/98 (4), contains a
list of third countries. The release for free circulation of
garlic from those countries is conditional on the present-
tion of a certificate of origin issued by the competent
national authorities of those countries in accordance
with Articles 55 to 65 of Commission Regulation (EEC)
No 2454/93 of 2 July 1993 laying down provisions for
the implementation of Council Regulation (EEC) No
2913/92 establishing the Community Customs Code (5),
as last amended by Regulation (EC) No 2787/2000 (6).

Articles 63, 64 and 65 of Regulation (EEC) No 2454/93
provide that
the third countries concerned are to
forward certain information necessary for setting up a
procedure for administrative cooperation between the
Community departments and the authorities in those
countries.

Some of the countries listed in the Annex to Regulation
the United Arab
(EC) No 544/97, namely Lebanon,
Emirates, Vietnam and Malaysia, have still not sent the
Commission the information needed for setting up
administrative cooperation as provided for in Articles
63, 64 and 65 of Regulation (EEC) No 2454/93.

Commission Regulation (EEC) No 1859/93 (7), as last
amended by Regulation (EC) No 1662/94 (8), provides
that garlic may be released for free circulation in the
Community on presentation of import licences issued by
the Member States concerned. No provisions of that
Regulation prohibit the issuing of import licences for
garlic originating in countries where the administrative
cooperation procedure as referred to above has not yet
been set up.

(5)

(6)

The result of the foregoing is a risk of fraud on import.
The necessary measures must be taken to eliminate that
risk.

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

HAS ADOPTED THIS REGULATION:

Article 1

The following paragraph is hereby added to Article 3 of Regu-
lation (EEC) No 1859/93:

‘3.
No licence may be issued for imports of products
originating in any of the countries listed in the Annex to
Regulation (EC) No 544/97 that have not sent the Commis-
sion the information necessary for setting up an adminis-
trative cooperation procedure in accordance with Articles
63, 64 and 65 of Regulation (EEC) No 2454/93. Such
information shall be regarded as having been forwarded on
the date of publication provided for in Article 3 of Regula-
tion (EC) No 544/97.’

Article 2

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, 28 December 2000.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 311, 12.12.2000, p. 9.
(3) OJ L 84, 26.3.1997, p. 8.
(4) OJ L 315, 25.11.1998, p. 10.
(5) OJ L 253, 11.10.1993, p. 1.
(6) OJ L 330, 27.12.2000, p. 1.

(7) OJ L 170, 13.7.1993, p. 10.
(8) OJ L 176, 9.7.1994, p. 1.