Commission Regulation (EEC) No 3420/88 of 3 November 1988 amending for the second time Regulation (EEC) No 480/87 laying down rules for implementing the import arrangements applicable to products falling within subheading 07.06 A of the Common Customs Tariff, originating in Thailand and exported from that country in 1987, 1988, 1989 and 1990
Official Journal L 301 , 04/11/1988 P. 0034 - 0038
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COMMISSION REGULATION ( EEC ) NO 3420/88
OF 3 NOVEMBER 1988
AMENDING FOR THE SECOND TIME REGULATION ( EEC ) NO 480/87 LAYING DOWN RULES FOR IMPLEMENTING THE IMPORT ARRANGEMENTS APPLICABLE TO PRODUCTS FALLING WITHIN SUBHEADING 07.06 A OF THE COMMON CUSTOMS TARIFF, ORIGINATING IN THAILAND AND EXPORTED FROM THAT COUNTRY IN 1987, 1988, 1989 AND 1990
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 430/87 OF 9 FEBRUARY 1987 CONCERNING THE IMPORT ARRANGEMENTS APPLICABLE TO PRODUCTS FALLING WITHIN SUBHEADING 07.06 A OF THE COMMON CUSTOMS TARIFF AND COMING FROM THIRD COUNTRIES, AND AMENDING REGULATION ( EEC ) NO 960/68 ON THE COMMON CUSTOMS TARIFF ( 1 ), AND IN PARTICULAR ARTICLE 2 THEREOF,
WHEREAS, IN VIEW OF EXPERIENCE GAINED AND FOR THE SAKE OF SOUND MANAGEMENT OF THE AGREEMENT CONCLUDED WITH THAILAND, THE ADMINISTRATIVE PRACTICE WHEREBY, WHEN IT IS OBSERVED THAT QUANTITIES LANDED IN THE COMMUNITY IN A GIVEN CONSIGNMENT EXCEED THOSE ON THE IMPORT LICENCE, THE COMMISSION, NOTIFIED BY THE COMPENTENT AUTHORITIES OF THE MEMBER STATES, CONTACTS THE THAI AUTHORITIES IN ORDER TO PERMIT THE ISSUE OF NEW DOCUMENTS FOR EXCESS QUANTITIES LANDED, SHOULD BE RE-ESTABLISHED;
WHEREAS, IN AGREEMENT WITH THE AUTHORITIES OF THE EXPORTING COUNTRY, HOWEVER, EXCESS QUANTITIES LANDED MAY BE RELEASED FOR FREE CIRCULATION WHERE THEY DO NOT EXCEED THE QUANTITIES COVERED BY THE LICENCES PRESENTED BY MORE THAN 2 %, SUBJECT TO THE LODGING OF A SPECIFIC SECURITY THE AMOUNT OF WHICH IS TO COVER THE DIFFERENCE BETWEEN THE LEVY SUBJECT TO A CEILING OF 6 % AD VALOREM AND THE FULL LEVY; WHEREAS, IN THAT SPECIFIC CASE, THE CONDITIONS AND RULES FOR ISSUING AN IMPORT LICENCE FOR THE ADDITIONAL QUANTITY SHOULD BE STIPULATED; WHEREAS THERE IS NO SPECIAL NEED TO DEMAND A SECURITY CORRESPONDING TO AN OBLIGATION TO IMPORT TO BE LODGED SINCE THE GOODS CONCERNED HAVE, BY WAY OF AN EXCEPTION, BEEN RELEASED FOR FREE CIRCULATION SUBJECT TO THE LODGING OF A SECURITY OF A HIGHER AMOUNT WITH A SPECIFIC OBJECT; WHEREAS THE RELEASE OF THAT SECURITY IN FULL OR IN PART IS SUBJECT TO THE ISSUE OF NEW THAI CERTIFICATES AND COMMUNITY LICENCES FOR THE ADDITIONAL QUANTITIES AND PRIMARILY TO THE EXISTENCE OF AVAILABLE QUANTITIES WITHIN THE LIMITS FOR ANNUAL IMPORT INTO THE COMMUNITY;
WHEREAS THE MANAGEMENT OF SUCH IMPORT ARRANGEMENTS DOES NOT JUSTIFY THE APPLICATION OF THE GENERAL TOLERANCE OF 5 % FOR EXCESS QUANTITIES PROVIDED FOR IN ARTICLE 8 ( 4 ) OF COMMISSION REGULATION ( EEC ) NO 3183/80 OF 3 DECEMBER 1980 LAYING DOWN COMMON DETAILED RULES