CELEX: 31989R0413
Language: en
Date: 1989-02-18 00:00:00
Title: Commission Regulation (EEC) No 413/89 of 17 February 1989 on the issue of import licences for products covered by CN codes 0714 10 91, 0714 10 99, 0714 90 11 and 0714 90 19 and originating in Indonesia

No L 46/24                               Official Journal of the European Communities                                 18. 2. 89
                                       COMMISSION REGULATION (EEC) No 413/89
                                                      of 17 February 1989
                   on the issue of import licences for products covered by CN codes 0714 10 91 ,
                            0714 10 99, 0714 90 11 and 0714 90 19 and originating in Indonesia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         whereas the measures provided for in this Regulation are
                                                                    in accordance with the opinion of the Management
Having regard to the Treaty establishing the European               Committee for Cereals,                            •
Economic Community,
Having regard to Council Regulation (EEC) No 430/87 of
9 February 1987 concerning the import arrangements                  HAS ADOPTED THIS REGULATION :
applicable to products covered by CN codes 0714 10 10,
0714 10 90 and 0714 90 10 and originating in certain
third countries ('), as amended by Regulation (EEC) No                                         Article 1
3837/88 (2), and in particular Article 2 thereof,
                                                                   Import licences for products covered by CN codes
Whereas Commission Regulation (EEC) No 4008/87 (3),                0714 10 91 , 0714 10 99, 0714 90 11 and 0714 90 19 and
as corrected by Regulation (EEC) No 348/88 (4), lays down          originating in Indonesia shall be issued under the terms
detailed rules for implementing the import arrangements            of this Regulation, in respect of a maximum of 400 000
laid down by Regulation (EEC) No 430/87 for products               tonnes.
originating in the present Contracting Parties to the
GATT other than Thailand ;
                                                                   Regulation (EEC) No 4008/87 shall apply subject to
                                                                   provisions to the contrary in this Regulation.
Whereas, in view of the applications for licences
indicating Indonesia as the place of origin and relating to
quite abnormal quantities, at the beginning of January
                                                                                               Article 2
the Commission was forced to limit the quantity for
which licences were issued to 300 000 tonnes and to
suspend the application of the arrangements for                    Licence applications shall be admissible if :
submitting applications and issuing licences by
Commission Regulation (EEC) No 76/89 (*) in order to                1 . they are accompanied by the original of a document
enable suitable supplementary rules to be implemented ;                 drawn up by the Indonesian authorities certifying that
                                                                        the goods originate in Indonesia or of an extract,
Whereas, on the basis of information provided by the                    certified a true copy, of such a document for quantities
Indonesian authorities and the trade interests concerned,               not yet placed in free circualtion ;
the placing in free circulation of quantities actually
loaded in Indonesia and transported towards the                    2. they are accompanied by proof, on the basis of a copy
Community since autumn 1988 should be permitted ;                       of the bill of lading, that the goods have been loaded
whereas, to that end, the issue of import licences should               in Indonesia and are transported to the Community by
be made subject to the submission of documents proving                  the vessel mentioned in the application ; or, where the
that the goods in question originate in Indonesia and are               goods are stored in a customs warehouse or in a free
actually transported towards the Community ;                            zone, by an attestation drawn up by the customs
                                                                        authorities of a Member State of the Community
Whereas, in order to avoid the recurrence of an abnormal                certifying that the goods have been placed under one
situation, the term of validity of the import licences                  of those customs procedures ;
should be limited ; whereas, moreover, in order to
monitor more closely the actual utilization of the licences,       3. they relate to a quantity which does not exceed the
the provision of Commission Regulation (EEC) No                         quantity in respect of which the proof of origin, proof
3719/88 of 16 November 1988 laying down common                          of transport or possibly the customs attestation of
detailed rules for the application of the system of import              storage is provided pursuant to points 1 and 2 above.
and export licences and advance fixing certificates for
agricultural products (*) relating to the early submission of
proof of placing in free circulation should be made                                            Article 3
applicable ;
                                                                   In addition to the endorsements listed in Article 3 of
(') OJ  No L  43, 13. 2. 1987, p. 9.                               Regulation (EEC) No 4008/87, section 24 of licence
0   OJ  No L  340, 10. 12. 1988, p. 1 .                            applications and of licences shall indicate the name of the
(3) OJ  No L  378, 31 . 12. 1987, p. 2.                            vessel on which the goods are or have been transported to
(4) OJ  No L  34, 6. 2. 1988, p. 24.
0   OJ  No L  11 , 14. 1 . 1989, p. 24.                            the Community together with number of the certificate of
O   OJ  No L  331 , 2. 12. 1988 , p. 1 .                           origin .submitted.
 ---pagebreak--- 18 . 2. 89                           Official Journal of the European Communities                             No L 46/25
                          Article 4                              Where the second subparagraph of paragraph 1 is applied,
                                                                 the Commission shall forward the correspending
1 . Licence applications shall be lodged with the                information by Wednesday, 8 March 1989 at the latest.
competent authorities in any Member State by 1 p.m. on
Thursday, 23 February 1989.                                      4. Import licences shall on the fifth wording day
Where a proportion of the quantity mentioned in Article          following the date of submission of applications
1 remains available on completion of the issue of licences       forwarded in accordance with paragraph 2.
on the basis of applications submitted on 23 February
1989, further applications may be lodged on Thursday, 2
March 1989. The Commission shall inform the Member                                       Article 5
State in good time by telex of the application of this
subparagraph.                                                    Licences issued pursuant to this Regulation shall be valid
                                                                 throughout the Community from the day of actual issue
2. The Member State shall notify the Commission by               until the end of the month following that date.
telex by 1 p.m. on Monday, 27 Febuary 1989 at the latest,
and in respect of each licence application, of :
— the quantity in respect of which an import licence is                                  Article 6
     applied for,
— the name of the applicant,                                     Article 33 (5) of Regulation (EEC) No 3719/88 shall
— the name of the certificate of origin submitted and the        apply.
     overall quantity appearing on the original of the
     document or extract thereof,
                                                                                         Article 7
— the name of the vessel entered in section 24.
3. By Wednesday, 1 March 1989 at the latest, the                 This Regulation shall enter into force on the day of its
Commission shall notify the Member States by telex of            publication in the Official Journal of the European
the quantities in respect of which licences are issued.          Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 17 February 1989.
                                                                          For the Commission
                                                                           Ray MAG SHARRY
                                                                      Member of the Commission